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Award Identifying Number: NEST Agreement Number: the ENTITY is a governmental organization then the governmental organization shall indemnify, and hold the United States harmless as stated above to the extent it may under [Insert Citation to State Law]. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the ENTITY agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the Agricultural Land Easements acquired pursuant to this Cooperative Agreement which result in violations of any laws and regulations which are now or which may in the future become applicable. 3. Non - governmental organizations shall continue to meet the requirements specified in Title II, Subtitle E, Section 2301 of the Agricultural Act of 2014. The Act states an eligible organization is "any organization that— a. is organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; b. is an organization described in section 501(c)(3) of that Code that is exempt from taxation under 501 (a) of that Code; c. is described in section 509 (a)(1) or (2) of that Code; or' w d. is described in section 509(a) (3) of that Code and is controlled by an organization described in section 509 (a) (2) of that Code." 4. The ENTITY shall prepare a baseline documentation report documenting the condition of the Parcel as of the time the easement is acquired. The ENTITY must provide NRCS a completed baseline documentation report at least 90 days before the intended closing of the Agricultural Land Easement Deed. The baseline documentation report will contain maps and descriptions of property location, land use, land cover, crops and crop rotations, condition of the grassland, pasture, range, hay or forest lands, animal inventories and waste storage facilities, any critical nesting habitat for declining populations of grassland dependent birds, all physical structures and improvements, including barns, sheds, corrals, fences, ponds, watering facilities, and roads and any problem areas. 5. The ENTITY shall include in each Agricultural Land Easement deed, in which CCC funds are used as part of the acquisition, the terms set forth in Section VIII and Exhibit 7 of this Cooperative Agreement. 6. Prior to payment certification, the ENTITY shall ensure that all lands for which an Agricultural Land Easement has been acquired will have an Agricultural Land Easement Plan, as described in Section IX.A. of this Cooperative Agreement. 7. The ENTITY shall limit all non - agricultural uses of the encumbered properties, except for recreational uses, such as hiking, hunting, fishing, boating, and horseback riding to the extent those activities do not conflict with the purpose of Section 2301 of the Act. 8. At a minimum, the ENTITY shall monitor ACEP Protected Properties on an annual basis to ensure that the Agricultural Land Easements are being implemented according to the deed provisions. An annual report of the status of acquired Agricultural Land Easements will be submitted to the NRCS representative at the State level. The NRCS representative will define the format of this report. 9. In acquiring Agricultural Land Easements, the ENTITY shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, the ENTITY shall ensure that any outstanding interests are subordinated to the NRCS Representative Initial Recipient Representative Initial 0 F -7 Attachment number 1 Page 164