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TEMPLATE 09/13/02 ~
<br />accordance with 7 CFR Part 12. To ensure that the conservation plan is implemented in
<br />accordance with 7 CFR Part 12, the NRCS will be provided the opportunity to conduct periodic
<br />field visits on lands that are enrolled in the FPP and associated lands owned or managed by the
<br />landowner which are also subject to 7 CFR Part 12.
<br />2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to
<br />Orange County in accordance with Part III and V of this Cooperative Agreement.
<br />3. Prior to NRCS accepting the conservation easement or other land interest terms and
<br />processing payrnent, NRCS shall ensure that a conservation plan for highly erodible lands
<br />developed in accordance with 7 CFR Part 12 be developed and that an AD-1026, Highly Erodible
<br />Land and Wetland Certification form has been filed at the appropriate USDA Service Center.
<br />B. Those of Orange County-
<br />1. Orange County shall perform necessary legal and administrative actions to ensure
<br />proper acquisition and recordation of valid easements or interests in land.
<br />2. Orange County shall use all awarded funds under this agreement for the acquisition of
<br />conservation easements within approved FPP areas. CCC funds sha11 pay for not more than 50%
<br />of the appraised fair market value, of the conservation easement in land acquired.
<br />3. Orange County shall pay all costs of conservation easement or other interest in land
<br />procurement and will operate and manage each conservation easement or other interest in land in
<br />accordance with Orange County program, this Cooperative Agreement, and the FPP. The
<br />United States shall have no responsibility for the costs or management of the conservation
<br />easements or other interests in land purchased by Orange County. Orange County shall
<br />indemnify, defend, and hold the United States harmless for any costs, damages, claims,
<br />liabilities, and judgments arising from past, present, and future acts or omissions of Orange
<br />County in connection with the acquisition and management of txie conservation easements [or
<br />other interests in land] acquired pursuant to this Cooperative Agreement. This indemnification
<br />and hold harmless provision includes but is not limited to acts and omissions of the County's
<br />agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition
<br />and management of the conservation easements acquired pursuant to this Cooperative Agreement
<br />which result in: (1) violations of any laws and regulations which are now or which may in the
<br />future become applicable, and including but not limited to the Resource Conservation and
<br />Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as
<br />amended, 33 U.S.C. 1251 et seq., the Comprehensive Environmental Response, Compensation,
<br />and Liability Act, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as
<br />amended 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as
<br />amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et
<br />seq.; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3)
<br />costs, expenses, and damages incurred by the United States; or (4) the release or threatened
<br />release of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in
<br />any form, or petroleum product into the environment.
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