116 STAT. 260 PUBLIC LAW 107-171—MAY 13, 2002 "(2) AGREEMENTS.—To be eligible to enroll land in the program under an agreement, the owner or operator of the land shall agree— "(A) to comply with the terms of the agreement (including any related restoration agreements); and "(B) to the suspension of any existing cropland base and allotment history for the land under a program administered by the Secretary. "(b) TERMS OF EASEMENT OR RENTAL AGREEMENT.—An ease- ^ ment or rental agreement under subsection (a) shall— ^ "(1) permit— "(A) common grazing practices, including maintenance and necessary cultural practices, on the land in a manner that is consistent with maintaining the viability of grassland, forb, and shrub species common to that locality; "(B) subject to appropriate restrictions during the nesting season for birds in the local area that are in significant decline or are conserved in accordance with Federal or State law, as determined by the Natural Resources Conservation Service State conservationist, haying, mowing, or harvesting for seed production; and "(C) fire rehabilitation and construction of fire breaks and fences (including placement of the posts necessary for fences); "(2) prohibit— "(A) the production of crops (other than hay), fruit trees, vineyards, or any other agricultural commodity that requires breaking the soil surface; and "(B) except as permitted under this subsection or subsection (d), the conduct of any other activity that would disturb the surface of the land covered by the easement or rental agreement; and "(3) include such additional provisions as the Secretary determines are appropriate to carry out or facilitate the administration of this subchapter. " (c) EVALUATION AND RANKING OF EASEMENT AND RENTAL AGREEMENT APPLICATIONS.— "(1) IN GENERAL. —The Secretary shall establish criteria to evaluate and rank applications for easements and rental agreements under this subchapter. "(2) CONSIDERATIONS.— In establishing the criteria, the Secretary shall emphasize support for— "(A) grazing operations; "(B) plant and animal biodiversity; and "(C) grassland, land that contains forbs, and shrubland under the greatest threat of conversion. "(d) RESTORATION AGREEMENTS. — "(1) IN GENERAL. —The Secretary shall prescribe the terms of a restoration agreement by which grassland, land that contains forbs, or shrubland that is subject to an easement or rental agreement entered into under the program shall be restored. " (2) REQUIREMENTS.— The restoration agreement shall describe the respective duties of the owner and the Secretary (including the Federal share of restoration payments and technical assistance).
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