Subordination, exchange, modification, and termination.

CFR · 2024-01-01 · US · Title 7

(a) After an easement has been recorded, no subordination, modification, exchange, or termination will be made in any interest in land, or portion of such interest, except as approved by the NRCS. NRCS may approve such easement administration actions if NRCS determines, in accordance with the sequencing considerations under the National Environmental Policy Act, that— (1)(i) The subordination, modification, or exchange action results in no net loss of easement acres, and is in the public interest or will further the practical administration and management of the easement area or the program, as determined by the NRCS, or (ii) The termination action will address a compelling public need for which there is no practicable alternative even with avoidance and minimization, and will further the practical (2) For modification or exchange actions— (i) There is no reasonable alternative that would avoid the easement area, or if the easement area cannot be avoided entirely, then the preferred alternative must minimize impacts to the original easement area and its conservation functions and values to the greatest extent practicable and any remaining adverse impacts must be mitigated, as determined by NRCS, at no cost to the government, (ii) The action is consistent with the original intent of the easement and is consistent with the purposes of the program, and (iii) The action results in equal or greater conservation functions and value and equal or greater economic value to the United

official document · source cfr-2024 · id 7:§ 1468.6