AG 2018 09 17 - Laserfiche WebLink

Home Browse Search

the Grantee by this Agricultural Land Easement If the Grantee ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. internal Revenue Code, or applicable state law, and the United States declines to exercise its contingent rights, a court withjurisdiction may transfer this Agricultural Land Easement to another qualified organization having similar purposes that agrees to assume the responsibility imposed by this Agricultural Land Easement. Subject to the contingent rights of the State of North Carolina with timely written notice and approval of the NCDA&CS, the Grantee shall have die right to transfer this Agricultural Land Easement to any public agency or private nonprofit organization that, at the time of transfer, is a qualified organization under 26 U.S.C. § 170(h) of the Internal Revenue Code, as amended and under N. C. Gen. Stat. § 121-34 at sea., provided the agency or organization expyessly agrees to assume the responsibility imposed on the Grantee by this Agricultural Laud Easement. As a condition of such transfer, Grantee shall require that the conservation purposes intended to be advanced hereunder shall be continued to be carried out. If the Grantee ever ceases to exist or no longer qualifies under 26 U.S.C. § 17 h) of di'e Internal Revenue Code, or applicable state law, a court with jurisdiction shall tan fgr this Agricultural Land Easement to another qualified organization having similar put'bosea lint agrees to assume the responsibility imposed by the Agricultural Land E em ,se 4.5. Conservation Practices. As required by Section 12381 of the Fo Security Act of 1985, as amended, the Grantor, their heirs, successors, or assigns, lJ conduct agricultural operations on the Protected Property in a manner consistent with 7M[' -`E Plan prepared by Grantor in consultation with NRCS and approved by the G t s ALE Plan shall be developed using the standards and specifications of the d Office Technical Guide and 7 CFR Part 12 that are in effect on the date of exee;uli o 's Agricultural Land Easement. However, the Grantor may develop and e an ALE Plan that proposes a higher level of conservation and is consistent with tb2QNS Field Office Technical Guide standards and specifications. NRCS shall haveri ht o enter upon the Protected Property, with advance notice to the Grantor, in order to&tor compliance with the ALE Plan. In the event of noncomplisYtgp1 �h the ALE Plan, NRCS shall work with the Grantor to explore methods of co _Wpli nal give the Grantor a reasonable amount of time, not to exceed twelve months, lbio corrective action. If the Grantor does not comply with the ALE Plan, MRCS will inbrrtq„ e Grantee of the Grantor's non-compliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the ALE Plan, following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non- compliance with the ALE Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted their appeal rights under applicable NRCS regulations. he NRCS standards and specifications for highly erodible land are revised after the date of this Agricultural Land Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised ALE Plan. The provisions of this section apply to the highly erodible land conservation requirement of the ACEP-ALE and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 4.6 Inspection and Access. With reasonable advance notice to the Grantor or with the Grantor's prior verbal consent, Grantee or NCDA&CS, its employees and agents and its successors and assigns, shall have the right to enter the Protected Property for the purpose of inspecting the F-7 Page 153