Compliance Requirements and Restitution. After the interview, NRCS must decide what must be done to restore or remediate the damage to the easement. This may require consultation with various NRCS professionals and OGC. Serious violations may be referred to the Assistant U.S. Attorney’s Office (AUSA) after consultation with OGC. After NRCS decides how to remediate the damage to the easement, notify the landowner, operator, or both by certified letter that remediation is required. Request assistance from OGC to review the letter prior to sending it. (i) In the letter, reiterate what was told to the subject during the interview. (ii) Clearly state the compliance terms and the compliance deadline. (iii) Attach a map indicating the locations and work required for compliance. (iv) The letter must be sent certified, with return receipt requested and restricted delivery. The stamped receipt is the only evidence that will indicate in court that the subject received the letter. (v) Inform the subject that if compliance is not obtained, the case will be referred to OGC and AUSA for possible prosecution. In the initial letter, it may be preferable to avoid mentioning prosecution in order to keep a positive tone to the communication. Followup letters should mention that prosecution could occur if remediation is not obtained.
Appears in 4 contracts
Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement
