Page:United States Statutes at Large Volume 104 Part 5.djvu/276

 104 STAT. 3598 PUBLIC LAW 101-624—NOV. 28, 1990 wherein such lands are located must agree to implement a natural resource conservation management plan under subsection (b) approved by the Secretary in consultation with the Secretary of the Interior. "(2) AGREEMENT.—In return for the creation of an easement on any lands under this chapter, the owner of the farm or ranch wherein such lands are located must agree to the following: "(A) To the creation and recordation of an appropriate deed restriction in accordance with applicable State law to reflect the easement agreed to under this chapter with respect to such lands. (B) To provide a written statement of consent to such easement signed by those holding a security interest in the land. "(C) To comply with such additional provisions as the Secretary determines are desirable and are included in the easement to carry out this chapter or to facilitate the practical administration thereof. Forests and "(D) To Specify the location of any timber harvesting on Nute*^ PTM^"*^*^' land subject to the easement. Harvesting and commercial sales of Christmas trees and nuts shall be prohibited on such land, except that no such easement or related agreement shall prohibit activities consistent with customary forestry practices, such as pruning, thinning, or tree stand improvement on lands converted to forestry uses. (E) To limit the production of any agricultural commodity on such lands only to production for the benefit of wildlife. "(F) Not to conduct any harvesting or grazing, nor otherwise make commercial use of the forage, on land that is subject to the easement unless specifically provided for in the easement or related agreement. "(G) Not to adopt any other practice that would tend to defeat the purposes of this chapter, as determined by the Secretary, "(3) VIOLATION. — On the violation of the terms or conditions of the easement or related agreement entered into under this section, the easement shall remain in force and the Secretary may require the owner to refund all or part of any pajnmente received by the owner under this chapter, together with interest thereon as determined appropriate by the Secretary. "(b) COMPONENTS OF PLAN. —The natural resource conservation management plan referred to in subsection (a)(1) (hereafter referred to as the 'plan)— "(1) shall set forth— "(A) the conservation measures and practices to be carried out by the owner of the land subject to the easement; and "(B) the commercial use, if any, to be permitted on such land during the term of the easement; and "(2) shall provide for the permanent retirement of any existing cropland base and allotment history for such land under any program administered by the Secretary. 16 USC 3839b. "SEC. 1239B. DUTIES OF THE SECRETARY. "In return for the granting of an easement by an owner under this chapter, the Secretary shall—

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