
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC3839a]

 
                         TITLE 16--CONSERVATION
 
 CHAPTER 58--ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM
 
       SUBCHAPTER IV--AGRICULTURAL RESOURCES CONSERVATION PROGRAM
 
                Part III--Environmental Easement Program
 
Sec. 3839a. Duties of owners; components of plan


(a) Duties of owners

                              (1) Plan

        In conjunction with the creation of an easement on any lands 
    under this part, the owner of the farm or ranch wherein such lands 
    are located must agree to implement a natural resource conservation 
    management plan under subsection (b) of this section approved by the 
    Secretary in consultation with the Secretary of the Interior.

                            (2) Agreement

        In return for the creation of an easement on any lands under 
    this part, the owner of the farm or ranch wherein such lands are 
    located must agree to the following:
            (A) To the creation and recordation of an appropriate deed 
        restriction in accordance with applicable State law to reflect 
        the easement agreed to under this part with respect to such 
        lands.
            (B) To provide a written statement of consent to such 
        easement signed by those holding a security interest in the 
        land.
            (C) To comply with such additional provisions as the 
        Secretary determines are desirable and are included in the 
        easement to carry out this part or to facilitate the practical 
        administration thereof.
            (D) To specify the location of any timber harvesting on land 
        subject to the easement. Harvesting and commercial sales of 
        Christmas trees and nuts shall be prohibited on such land, 
        except that no such easement or related agreement shall prohibit 
        activities consistent with customary forestry practices, such as 
        pruning, thinning, or tree stand improvement on lands converted 
        to forestry uses.
            (E) To limit the production of any agricultural commodity on 
        such lands only to production for the benefit of wildlife.
            (F) Not to conduct any harvesting or grazing, nor otherwise 
        make commercial use of the forage, on land that is subject to 
        the easement unless specifically provided for in the easement or 
        related agreement.
            (G) Not to adopt any other practice that would tend to 
        defeat the purposes of this part, as determined by the 
        Secretary.

                            (3) Violation

        On the violation of the terms or conditions of the easement or 
    related agreement entered into under this section, the easement 
    shall remain in force and the Secretary may require the owner to 
    refund all or part of any payments received by the owner under this 
    part, together with interest thereon as determined appropriate by 
    the Secretary.

(b) Components of plan

    The natural resource conservation management plan referred to in 
subsection (a)(1) of this section (hereafter referred to as the 
``plan'')--
        (1) shall set forth--
            (A) the conservation measures and practices to be carried 
        out by the owner of the land subject to the easement; and
            (B) the commercial use, if any, to be permitted on such land 
        during the term of the easement; and

        (2) shall provide for the permanent retirement of any existing 
    cropland base and allotment history for such land under any program 
    administered by the Secretary.

(Pub. L. 99-198, title XII, Sec. 1239A, as added Pub. L. 101-624, title 
XIV, Sec. 1440, Nov. 28, 1990, 104 Stat. 3597.)
