Floodplain easements.

CFR · 2024-01-01 · US · Title 7

(a) (b) (i) Held by the United States, through the Secretary of Agriculture; (ii) Administered by NRCS or its designee; and (iii) Perpetual in duration; (2) (i) The floodplain lands were damaged by flooding at least once within the previous calendar year or have been subject to flood damage at least twice within the previous 10 years; or (ii) Other lands within the floodplain would contribute to the restoration of the flood storage and flow, erosion control, or that would improve the practical management of the easement; or (iii) Lands would be inundated or adversely impacted as a result of a dam breach. (3) (i) Implementation of restoration practices would be futile due to “on-site” or “off-site” conditions; (ii) The land is subject to an existing easement or deed restriction that provides sufficient protection or restoration, as determined by the Chief of NRCS, of the floodplain's functions and values; or (iii) The purchase of an easement would not meet the purposes of this part. (4) (5) NRCS will not acquire any easement unless the landowner accepts the amount of the easement payment that is offered by NRCS. NRCS reserves the right not to purchase an easement if (6) NRCS may provide up to 100 percent of the restoration and enhancement costs of the easement. NRCS may enter into an agreement with the landowner or another third party to ensure that identified practices are implemented. NRCS, the landowner, or other designee may implement identified practices. Restoration and

official document · source cfr-2024 · id 7:§ 624.10