Common use of Compatible Uses Clause in Contracts

Compatible Uses. A. General (1) WRP lands may be used for compatible economic uses, if such use is permitted by the warranty easement deed or 30-year contract, or authorized under the WRPO or a CUA, if applicable. The warranty easement deed or 30-year contract identifies that certain activities, such as undeveloped hunting and fishing pursuant to State and Federal regulations in effect at the time, is compatible with WRP and thus is a reserved right. Most other activities require site-specific evaluation prior to determining whether such activities are compatible. Note: Only activities that further both the long-term protection and enhancement of the wetland and other natural values of the project area may be authorized as compatible uses through the CUA process identified in this section. (2) The State Conservationist, with advice from the STC, will establish guidelines for compatible uses. Approved activities must provide for the full array of habitat types for which the enrollment was established, unless changes in habitat or management objectives are identified by NRCS with input U.S. Fish and Wildlife Service (FWS). CUAs must not adversely affect habitat for migratory birds, at-risk species, and threatened or endangered species. (3) On easements and 30-year contracts on non-Tribal trust lands, CUAs are required any time a landowner is affecting the hydrology or vegetation of the project area, even when the landowner is carrying out management activities determined necessary by NRCS and outlined in the WRPO. (4) The initiation of the CUA process may stem from a landowner request or from NRCS-initiated discussions and subsequent agreement with the landowner that certain activities are warranted. A landowner who obtains approval to implement compatible use activities is not under any obligation to implement the activities; however, if the landowner chooses to implement the activities, they must be conducted in accordance with the terms of the authorization. (5) Since resource conditions change over time, NRCS cannot determine that any use is permanently compatible with the project. Therefore, the landowner will not be assured of any specific level or frequency of such use that extends for the duration of the enrollment period, but rather compatible uses will be authorized for a specific period of time. All CUAs will be incorporated into the WRPO and will stipulate that NRCS retains the right to modify or cancel the use at any time NRCS determines the use to be in conflict with the protection and enhancement goals of the project. Although the term of a CUA may vary, wetland systems are dynamic and therefore no CUA should be granted for more than 10 years at a time. (6) To the extent possible, NRCS will address CUAs in a comprehensive manner in order to minimize administrative burden to NRCS and the landowner. Therefore, one CUA may identify, through landowner management guidelines, several activities and associated terms and conditions for each activity to be conducted or performed by the landowner. The landowner management guidelines then become a component of the WRPO. The comprehensive treatment of these activities through landowner management guidelines does not limit the ability of NRCS to subsequently restrict or cancel any particular activity if NRCS determines the use to be in conflict with the protection and enhancement goals of the project. (7) CUAs are subject to routine revisions and are not recorded with the warranty easement deed. CUAs do not vest any right of any kind with the landowner. If multiple-year CUAs are issued, annual onsite visits are required for the first 2 years to determine if the agreements are being followed and are still appropriate. After the first 2 years of a multiple-year CUA, monitoring will be done in accordance with section 514.66.