12 2 STA T . 1 053PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8‘ ‘ (b)EASEM E NT S .—To b e e lig ible t oe nr oll eligible l a n d int h e p rogra m thro u ghanea s ement , the o w ner o f the land shall agree— ‘‘( 1 ) to grant an easement to the S e c retar y or to an eligible entity described in section 1 238Q; ‘‘(2) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement; ‘‘(3) to pro v ide a written statement of consent to the ease - ment signed by persons holding a security interest or any vested interest in the land; ‘‘( 4 ) to provide proof of unencumbered title to the under- lying fee interest in the land that is the sub j ect of the easement; ‘‘( 5 ) to comply with the terms of the easement and, when applicable, a restoration agreement; ‘‘( 6 ) to implement a gra z ing management plan, as approved by the Secretary, which may be modified upon mutual agree- ment of the parties; and ‘‘( 7 ) to eliminate any e x isting cropland base and allotment history for the land under another program administered by the Secretary. ‘‘(c) R EST OR AT I ON AG REEMENTS.— ‘‘(1) WH ENA P P L I C A B LE.—To be eligible for cost-share assist- ance to restore eligible land subject to a rental contract or an easement under the program, the owner or operator of the land shall agree to comply with the terms of a restoration agreement. ‘‘(2) TERMS AN D CONDITIONS.—The Secretary shall prescribe the terms and conditions of a restoration agreement by which eligible land that is subject to a rental contract or easement under the program shall be restored. ‘‘(3) DU TIES.—The restoration agreement shall describe the respective duties of the owner or operator and the Secretary, including the F ederal share of restoration payments and tech- nical assistance. ‘‘(d) TERMS AND C ONDITIONS APPLICABLE TO RENTAL CONTRACTS AND EASEMENTS.— ‘‘(1) P ERMISSIBLE ACTI V ITIES.—The terms and conditions of a rental contract or easement under the program shall 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 grass- land, forb, and shrub species appropriate to that locality; ‘‘( B ) haying, mowing, or harvesting for seed production, subject to appropriate restrictions during the nesting sea- son 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 State Conservationist; ‘‘(C) fire presuppression, rehabilitation, and construc- tion of fire brea k s; and ‘‘(D) grazing related activities, such as fencing and livestock watering. ‘‘(2) PROHIBITIONS.—The terms and conditions of a rental contract or easement under the program shall prohibit— ‘‘(A) the production of crops (other than hay), fruit trees, vineyards, or any other agricultural commodity that is inconsistent with maintaining grazing land; and
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