Part 516 - Exhibits 



516.22 

 §516.22 Standard easement (continued). 



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and ma.de a part thereof, subject to «uch f\irther delineation by CCC as 

 may be needed. 



3. In the event of a conflict or ambiguity between the WRA or this 

 easement, the provisions of this easement shall prevail. 



4. Maintenance of the Restored Wetland . Maintenance shall be as 

 specified by the SCS in agreement with the FWS in accordance with the 

 provisions of the WRA, and as needed to enforce this easement and 

 accomplish its purposes, as determined by CCC. All costs involved in the 

 establishment and maintenance of the restored wetland and the right of 

 access granted to the United States herein, or otherwise incurred with 

 respect to the maintenance of the property in accordance with this 

 easement, shall, together with all other charges associated with the 

 Property (including taxes), be the responsibility of the Landowner. 



5. Rights of the United States to Inspect Property and Perform Work 

 on the Property . The United States and its authorized representatives 

 may enter upon the Easement Area from tine to time to: 



(a) inspect and insure compliance with the terms of the easement, 

 and 



(b) perform work on the property as may be necessary or desirable to 

 establish or maintain the wetland restoration agreement or access to 

 the Easement Area, which CCC deems desirable if: (1) the Landowner 

 fails to establish or maintain the restored wetland within the 

 Easement Area or otherwise fails to comply with the terms of this 

 easement, or (2) the CCC determines, in Its discretion, to perform 

 such work in lieu of the Landowner. 



C. Rights of the United States Run with the Land and Bind the 

 Landowner's Successors . Subject to any unsubordinated prior rights of 

 record, the rights granted to the United States In this instrument nin 

 with the land and shall be superior to the rights of all others in the 

 Property. All obligations of the Landowner under this easement shall 

 also bind the Landowner's heirs, successors and assigns. 



D. Use of the Easement Area . No use of the Easement Area will be 

 specifically allowed under this easement without the approval of SCS and 

 FWS, which approval shall be granted by SCS and FWS only to the extent 

 such use is consistent with the terms of this easement and the 

 regulations governing the implementation of the Wetland Conservation 

 Provision operated by USDA. 



E. Violations . If there is any failure to provide access to the 

 Easement Area, meet the requirements of the wetland restoration 

 agreement, or maintain the wetland functions and values provided by the 

 restored wetland, the landowner would lose eligibility for USDA farm 

 program benefits until the wetland is restored and the United States or 

 its authorized representatives may perform the work needed for sxich 

 establishment or maintenance or may seek specific performance at law or 

 may employ any other remedy available to it, and, in any case, all 

 expenses of the United States or its authorized representative, including 

 any legal fees or attorney fees, thereby incurred shall be charged 

 against the Landowner. Such charges shall also be a charge against the 

 Easement Area if the failure relates to the conservation measures or the 

 Easement Farm if such failure relates to access to the Easement Area and 

 shall constitute a lien on such land enforceable by foreclosure or other 



516-47 

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



