Page:United States Statutes at Large Volume 104 Part 5.djvu/208

 104 STAT. 3530 PUBLIC LAW 101-624—NOV. 28, 1990 "(g) STATE CONSENT. — Where a State has not approved the acquisition of land under section 6 of the Act of March 1, 1911 (16 U.S.C. 515), the Secretary shall not acquire lands or interests therein under authority granted by this section outside an area of that State designated as a part of a program established under subsection (h)- " (h) FOREST MANAGEMENT ACTIVITIES. — "(1) IN GENERAL.— Conservation easements or deed reservations acquired or reserved pursuant to this section may allow ^^ forest management activities, including timber management, on areas entered in the Forest Legacy Program insofar as the Secretary deems such activities consistent with the purposes of this section. "(2) ASSIGNMENT OF RESPONSIBILITIES. —For Forest Legacy Program areas, the Secretary may delegate or assign management and enforcement responsibilities over federally owned lands and interests in lands only to another governmental entity. "(i) DUTIES OF OWNERS. —Under the terms of a conservation easement or other property interest acquired under subsection (b), the landowner shall be required to manage property in a manner that is consistent with the purposes for which the land was entered in the Forest Legacy Program and shall not convert such property to other uses. Hunting, fishing, hiking, and similar recreational uses shall not be considered inconsistent with the purposes of this program, " (j) COMPENSATION AND COST SHARING.— "(1) COMPENSATION. — The Secretary shall pay the fair market value of any property interest acquired under this section. Payments under this section shall be in accordance with Federal appraisal and acquisition standards and procedures. "(2) COST SHARING.— In accordance with terms and conditions that the Secretary shall prescribe, costs for the acquisition of lands or interests therein or project costs shall be shared among participating entities including regional organizations, State and other governmental units, landowners, corporations, or private organizations. Such costs may include, but are not limited to, those associated with planning, administration, property acquisition, and property management. To the extent practicable, the Federal share of total program costs shall not exceed 75 percent, including any in-kind contribution. " (k) EASEMENTS. — "(1) RESERVED INTEREST DEEDS.— As used in this section, the term 'conservation easement' includes an easement utilizing a reserved interest deed where the grantee acquires all rights, title, and interests in a property, except those rights, title, and interests that may run with the land that are expressly reserved by a grantor. "(2) PROHIBITIONS ON LIMITATIONS. —Notwithstanding any provision of State law, no conservation easement held by the United States or its successors or assigns under this section shall be limited in duration or scope or be defeasible by— "(A) the conservation easement being in gross or appurtenant; "(B) the management of the conservation easement having been delegated or assigned to a non-Federal entity; "(C) any requirement under State law for re-recordation or renewal of the easement; or

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