AG 2014 09 15 - Laserfiche WebLink

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Award Identifying Number: NEST Agreement Number: plans under this option. ENTITY must obtain NRCS approval of all Agricultural Land Easement Plans prepared using this option prior to closing. ENTITY will ensure [State] NRCS has authorized access to the property and landowner if needed to review and approve plans prepared using this option. ENTITY will provide the plan to NRCS at least 90 days prior to the anticipated closing to allow time for review and approval of the plan. B. 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 Agricultural Land Easement Plan that meets ACEP requirements and NRCS standards and specifications or applicable industry standards. To ensure that the Agricultural Land Easement Plan is implemented in accordance with such requirements, the NRCS will be provided the opportunity to conduct periodic field visits on lands that are enrolled in the ACEP. 2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to the ENTITY in accordance with this Cooperative Agreement. 3. Prior to NRCS accepting the Agricultural Land Easement and processing the payment, the NRCS State Conservationist shall: a. ensure that a conservation plan for highly erodible lands is developed in accordance with 7 CFR part 12 as part of an Agricultural Land Easement Plan and that an AD -1026 has been filed; - b. obtain approval of the Agricultural Land Easement deed from the National Headquarters; and c. when funds are advanced to the Cooperating Entity prior to closing, acquire a signed letter from the closing agent indicating that the agent meets ACEP closing agent requirements, an executed NRCS Form 230, Confirmation of Matching Funds, and a copy of the title commitment. d. shall conduct technical reviews of appraisals in accordance with NRCS Appraisal standards and specifications. 4. Prior to fund disbursement, NRCS shall certify payment for funded Parcels listed on Attachment A when the ENTITY has requested payment by the Payment Request Deadline and acquired Agricultural Land Easements on the funded Parcels in accordance with the terms of this agreement by the Closing Deadline. C. Those of the ENTITY -- 1. The ENTITY shall perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid Agricultural Land Easements. 2. The ENTITY shall pay all costs of Agricultural Land Easement procurement and will operate and manage each Agricultural Land Easement in accordance with the ENTITY program, this Cooperative Agreement, 7 CFR part 1491, and the Act. The United States shall have no responsibility for the costs or management of the Agricultural Land Easements purchased by the ENTITY unless the United States exercises its rights under an Agricultural Land Easement. The ENTITY shall indemnify, and hold the United States harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the ENTITY in connection with its acquisition and management of the Agricultural Land Easements acquired pursuant to this Cooperative Agreement, however if 8 NRCS Representative Initial Recipient Representative Initial Attachment number 1 F -7 Page 163