2002 NS Agreement Cooperative Agreement – Acceptance of USDA Grant for Farmland Easements

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TEMPLATE 09/13/02 ~ A. Orange County shall assure that conservation easements or other interests in land acquired under this agreement: i. run with the land in perpetuity or a minimum of thirty years, in the case where a conservation easement is acquired for a term less than perpetuity, Orange County must secure approval of the NRCS National Offic~. 2. prevent the land from being converted to nonagricultural uses; 3. provide for the management and administration of the easement or other interests in land by Orange County; 4. require management of the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide,7 CFR Part 12, and is approved by the Conservation District; 5. where parcels are being enrolled in FPP based on historical and archaeological resources, a paragraph identifying standards and guidelines for treatment and maintenance of these resources is required within the deed. These guidelines should be based on the Secretary of Interior's Standards and Guidelines for Historic Preservation. Orange County will ensure that title restriction to protect any historical and archaeological structure(s) is appended to the deed and included in any succeeding transfers; and 6. include the following "Contingent Right in the United States of America" provision where title is held by Orange County: "In the event that Orange County fails to enforce any of the terms of this easement [or other interests in land], as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that Orange County attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement [or other interests in land] or extinguish the conservation easement without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the UNITED STATES OF AMERICA.'= _ 7. include signature of a responsible NRCS official on the Conservation deed, accepting the United States' property interest in the deed. B. Unless otherwise agreed to by the Parties, Orange County shall hold title to any conservation easement or interest in land. However, title may be held by the United States at the request of the Secretary of Agriculture upon mutual agreement of the Parties, or when the contingent right provision is activated. VII. RESPONSIBILITIES. A. Those of the United States - 1. The United States, by and through the NRCS, shall provide technical and other services required to assist the landowner in developing an appropriate conservation plan in 4