Common use of Easement Modification Process Clause in Contracts

Easement Modification Process. (i) Modifications to the easement may be proposed by the landowner or a third party with landowner concurrence. The party requesting the modification is responsible for providing a project proposal with all necessary supporting documentation, including satisfactory evidence to NRCS that no reasonable alternatives exist that would not impact the easement and that the proposed modification will facilitate the practical administration and management of the easement or meets the burden of proof of a compelling public need for the modification. (ii) The State Conservationist is required to consult with FWS, the local CD, and their OGC regional attorney before making any decision on a proposed modification. The State Conservationist must— · Evaluate any modification request under the National Environmental Policy Act (NEPA), including the consequences of, and alternatives to, the requested easement action. · Investigate whether reasonable alternatives to the proposed action exist. · Determine whether the easement modification is appropriate, considering the purposes of the program, the policy in section 514.54C(1), and the facts surrounding the request for easement modification. (iii) If the NEPA evaluation conducted by NRCS concludes that further environmental documentation is needed, the party requesting the modification may be required to provide all of the necessary environmental compliance documentation. (iv) If the State Conservationist determines the modification to be appropriate, then the request for modification, including all documentation, will be submitted to the EPD in Washington, DC. All requests for easement modifications must be approved by the EPD Director, in consultation with OGC. The supporting documentation for the request must include, at minimum— · A letter of determination and findings from the State Conservationist, including a summary of the proposal, impacts to the easement, and recommendation on whether the State Conservationist concurs with proposed modification. · Letters of recommendation from FWS and the conservation district. · A copy of NEPA documentation. · A map and description of proposed modification. · Evidence that no reasonable alternatives exist that would not impact the easement. · Evidence that the proposed modification will facilitate the practical administration and management of the easement or meets the burden of proof that there is a compelling public need for the modification. · Information documenting that the easement modification action will result in equal or greater economic, environmental, and acreage benefit to WRP. · Any additional materials necessary to provide sufficient information for EPD to determine that the modification request is consistent with WRP policy and regulations. (v) The party requesting the modification is responsible for all costs associated with actions involved in the modification. Easement modifications may involve many of the same title clearance processes that were necessary when the original easement was recorded, including a determination of value, legal boundary description, title search, subordination of any intervening liens, and recording of the amended deed. (vi) Corrections to easement documents, as opposed to modifications, do not require national approval, but do require coordination with regional OGC.