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Subpart C - Wetland Exemptions, Mitigation, Restoration, and 



Replacement 



512.22(b) (7) (iii) 



(6) Easement . The person must provide an easement to 

 USDA for the restored wetland. 



(i) Term . The term of the easement is as follows: 

 For less than frequently cr opped wetlands: Easement 

 will be for length of time to restore the wetland characteristics 

 OR the length of time the converted wetland is in production, 

 whichever is greater. 



For frequent Iv cropped we tlands and wetlands 

 converted between December 23. 1985. and November 28. 1990 : 

 Easement will be for length of time the converted wetland is in 

 production only. 



(ii) Administration . Easements will be 

 administered by the Commodity Credit Corporation (CCC) . 



(iii) Recording . The easement must be recorded on 

 public land records. The landowner must pay recording fee and 

 certify that there is no lien on the land. If the land is 

 mortgaged, the mortgage holder must agree to subordinate its 

 interest to the CCC easement. 



(iv) Enforcement . If terms of the agreement are 

 violated or the restored area is converted, SCS will issue a 

 determination that the area for which the restored area mitigated 

 I) ) is a Converted Wetland, and the person will be ineligible for USDA 

 benefits. 



(V) Easement instrument . Use the standard easement 

 language shown in exhibit 516.22. 



(7) Required area . Restored area must meet the 

 following criteria: 



(i) Replacement must be on prior converted (PC) 

 cropland. 



(ii) Functional values lost must be replaced. 



(iii) Generally, replacement will be on a one-to- 

 one acreage; less than or greater than one-to-one may be approved 

 if the state conservationist and the FWS delegated authority at the 

 state level concur. 



f«U 



512-37 

 (180-V-NFSAM, Second Ed., Amend. 6, May 1991) 



