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N.
<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 payment, 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 shall 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 United
<br /> States shall have no responsibility for the costs or management of the conservation easements or
<br /> other interests in land.purchased by Orange County. To the extent permitted by North Carolina
<br /> Law, Orange County shall indemnify, defend, and hold the United States harmless for any costs,
<br /> damages, claims, liabilities, and judgments arising from past,present, and future acts or
<br /> omissions of Orange County in connection with the acquisition and management of the
<br /> conservation easements [or other interests in land] acquired pursuant to this Cooperative
<br /> Agreement. This indemnification'and hold harmless provision includes but is not limited to acts
<br /> and omissions of the County's agents, successors, assigns, employees, contractors, or lessees in
<br /> connection with the acquisition and management of the conservation easements acquired
<br /> pursuant to this Cooperative Agreement which result in: (1) violations of any laws and
<br /> regulations which are now or which may in the future become applicable, and including but not
<br /> limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the
<br /> Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Comprehensive
<br /> Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. 9601 et seq.,
<br /> the Toxic Substances Control Act, as amended 15 U.S.C. 2601 et seq., the Federal Insecticide,
<br /> Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water
<br /> Act, as amended, 42 U.S.C. 300f et seq.; (2)judgments, claims, demands,penalties, or fees
<br /> assessed against the United States; (3) costs, expenses, and damages incurred by the United
<br /> States; or(4)the release or threatened release of any solid waste,hazardous waste,hazardous
<br /> substance, pollutant, contaminant, oil in any form, or petroleum product into the environment.
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