Common use of ENTITY Responsibilities Clause in Contracts

ENTITY Responsibilities. 1. ENTITY must purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments to this Cooperative Agreement consistent with the requirements identified in this Agreement. ACEP agricultural land easements are conservation easements conveyed for the purpose of protecting natural resources and the agricultural nature of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this part. 2. ENTITY must, ensure that agricultural land easements acquired with funds made available under this Cooperative Agreement and that the deeds satisfy the following requirements: a. Contain the “Minimum Terms for the Protection of Agricultural Use”, attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY’s additional language does not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum deed requirements identified at 7 CFR § 1468.25(d); c. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part. d. Are conveyed for the purpose of protecting natural resources and the agricultural nature of the land; e. Run with the land in perpetuity or where State law prohibits a permanent easement, for the maximum duration allowable under State law; f. Protect the agricultural use, future viability, and related conservation value, of the Parcels by limiting nonagricultural uses of that land or protect grazing uses and related conservation values by restoring and conserving eligible land, including grasslands of special environmental significance; g. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns; h. Permit effective enforcement of the conservation purposes of such easements; and i. Subject the Parcel to an agricultural land easement plan that meets the requirements of this Section. 3. The ENTITY has the following three options for ensuring that the agricultural land easement contains the ALE Minimum Deed Terms required in paragraph VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement that the ENTITY satisfies all of the following requirements: (i) The ALE Minimum Deed Terms addendum is signed by the landowner and the ENTITY and will be attached to the agricultural land easement deed at the time of closing and recordation; (ii) The terms of the ALE Minimum Deed Terms addendum are not modified; and (iii) The paragraph below is inserted at the bottom of the agricultural land easement deed: This Agricultural Land Easement is acquired with funds provided, in part, by the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land in perpetuity [or for the maximum duration allowed under applicable State laws]. As required by 16

ENTITY Responsibilities. 1. ENTITY must will purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments to this Cooperative Agreement consistent with the requirements identified in this Agreement. ACEP agricultural land easements are conservation easements conveyed for the purpose of protecting natural resources and the agricultural nature of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this part. 2. ENTITY must, will ensure that agricultural land easements acquired with funds made available under this Cooperative Agreement and that the deeds satisfy the following requirements: a. Contain the “Minimum Terms for the Protection of Agricultural Use”, attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY’s additional language does not alter or defeat the intent, purpose, purpose or effective enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum deed requirements identified at 7 CFR § Section 1468.25(d); c. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part. d. Are conveyed for the purpose of protecting natural resources and the agricultural nature of the land; e. Run with the land in perpetuity or where State law prohibits a permanent easement, for the maximum duration allowable under State law; f. Protect the agricultural use, future viability, and related conservation value, of the Parcels by limiting nonagricultural uses of that land or protect grazing uses and related conservation values by restoring and conserving eligible land, including grasslands of special environmental significance; g. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns; h. Permit effective enforcement of the conservation purposes of such easements; and i. Subject the Parcel to an agricultural land easement plan that meets the requirements of this Section. 3. The ENTITY has the following three options for ensuring that the agricultural land easement contains the ALE Minimum Deed Terms required in paragraph VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement that the ENTITY satisfies all of the following requirements: (i) The ALE Minimum Deed Terms addendum is signed by the landowner and the ENTITY and will be attached to the agricultural land easement deed at the time of closing and recordation; (ii) The terms of the ALE Minimum Deed Terms addendum are not modified; and (iii) The paragraph below is inserted at the bottom of the agricultural land easement deed: This Agricultural Land Easement is acquired with funds provided, in part, by the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land in perpetuity [or for the maximum duration allowed under applicable State laws]. As required by 16

ENTITY Responsibilities. 1. ENTITY must will purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments Attachment A to this Cooperative Grant Agreement consistent with the requirements identified in this Grant Agreement. ACEP agricultural land easements are conservation easements conveyed for The landowner is identified as the purpose of protecting natural resources and Grantor under the agricultural nature terms of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this partdeed. 2. ENTITY must, must ensure that the agricultural land easements acquired with funds made available under this Cooperative Grant Agreement and that the agricultural land easement deeds satisfy the following requirements: a. Contain the “Minimum Terms for the Protection of Agricultural Use”, attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY’s additional language does not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum regulatory deed requirements identified at 7 CFR § Section 1468.25(d), except as further clarified in item (h); c. b. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part.; d. c. Are conveyed for the purpose of protecting natural resources resources, including grazing uses and the agricultural nature of the landrelated conservation values, by restoring or conserving grassland; e. d. Run with the land in perpetuity or or, where State law prohibits a permanent easement, for the maximum duration allowable under State law; f. e. Protect the agricultural use, future viability, and related conservation value, of the Parcels by limiting nonagricultural uses of that land or protect grazing uses and related conservation values by restoring and conserving eligible land, including grasslands of special environmental significance, as defined in 7 CFR 1468.3, by identifying in the Baseline Documentation Report the grassland, habitat, species, sensitive natural resources or other GSS attributes identified on the Parcel and identifying in the grassland management plan any specific limitations or requirements needed to protect those identified attributes; g. f. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns;the h. g. Permit effective enforcement of the conservation purposes of such easements; and; i. Subject h. Provide for the Parcel to an agricultural land easement preparation and updating of a grassland management plan that meets the requirements of this Section.section. A conservation plan is also required pursuant to the terms of 7 CFR Section 1468.25(d)(2) for any portion of the Parcel that is Highly Erodible Cropland (HEL); and i. Include the following United States Right of Enforcement: 3. The ENTITY has is authorized to use its own terms and conditions for the following three options for ensuring agricultural land easement deed and is required to ensure and certify to NRCS as a condition of payment that the agricultural land easement contains meets the ALE Minimum Deed Terms required minimum conditions in paragraph Section VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance review of the Federal share or closing on an agricultural land easement that the ENTITY satisfies all of the following requirements: (i) The ALE Minimum Deed Terms addendum is signed by the landowner and the ENTITY and will be attached to the agricultural land easement deed at will not occur prior to payment or closing. 4. If NRCS determines that an agricultural land easement deed fails to meet the minimum conditions in Section VII.A.2 above after the ENTITY has acquired the agricultural land easement, then the ENTITY must correct the agricultural land easement deed within 180 days of receiving written notice from NRCS. 5. The ENTITY must perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid agricultural land easements. 6. The ENTITY must pay all costs of agricultural land easement acquisition and must operate and manage each agricultural land easement in accordance with its easement program, this Grant Agreement, 16 U.S.C. Section 3865 et seq., and applicable regulations. NRCS will have no responsibility for the costs or management of the agricultural land easements purchased by the ENTITY. 7. NRCS will not be responsible for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the ENTITY in connection with its acquisition or management of the agricultural land easements acquired pursuant to this Grant Agreement. This includes but is not limited to acts and omissions of the ENTITY agents, successors, assigns, employees, contractors, or lessees that result in violations of any laws and regulations that are now or that may in the future become applicable. 8. The ENTITY must prepare a baseline documentation report documenting the condition of the Parcel as of the time of closing the agricultural land easement is acquired and recordation; (ii) include a completed baseline report in the payment request package submitted to NRCS pursuant to Section VI. The terms baseline documentation report must contain maps, full descriptions, and pictures of the Parcel location, existing structures and infrastructure, land use, land cover and its condition, the habitat, species, or sensitive natural resources that were the basis for the designation of the Parcel as grasslands of special environmental significance, and any other special features for which the Parcel is being protected. It must also contain a map of the Parcel showing the location, size, and extent of the grasslands of special environmental significance. 9. ENTITY must ensure completion of a grassland management plan for each Parcel that describes the grassland resource, the management practices to conserve, protect, and enhance the viability of the grassland and the habitat, species, or sensitive natural resources that were the basis of the designation of the Parcel as grasslands of special environmental significance, permissible and prohibited activities, and any associated restoration plan. ENTITY must also ensure completion of a conservation plan that meets the requirements of 7 CFR Part 12 for any portion of a Parcel that contains highly erodible cropland (HEL). The HEL conservation plan must be developed by NRCS or an NRCS-certified planner and approved prior to closing. The grassland management plan and the HEL conservation plan may comprise the entirety of an agricultural land easement plan. The development of a broad, comprehensive agricultural land easement plan or associated component plans is not required unless agreed to by ENTITY as a condition of funding. The agricultural land easement is not required to be subject to an agricultural land easement plan with the exception that the ENTITY must ensure that the ALE Minimum Deed Terms addendum deed addresses compliance requirements associated with HEL conservation plans pursuant to 7 CFR Part 12. 10. In acquiring agricultural land easements, the ENTITY must ensure that the title to the lands or interests therein will be unencumbered or that outstanding or reserved interests are not modified; andsubordinated to the agricultural land easement. The ENTITY must review the title commitment to ensure there are no encumbrances that would allow nonagricultural uses of the property that are inconsistent with this Grant Agreement, 16 U.S.C. Section 3865 et seq., and applicable regulations. Any exceptions to the requirement to remove or subordinate outstanding or reserved interests must be consistent with this Grant Agreement, 16 U.S.C. Section 3865 et seq., and applicable regulations, and the ENTITY’s determination and basis of acceptability documented on an LTP-23 Certificate of Use and Consent or substantively similar document. 11. The ENTITY must secure proper title evidence and insurance using an American Land Title Association (iiiALTA) The paragraph below is inserted Owner’s Policy with the ENTITY listed as the insured on the policy and the policy issued for at least the bottom full amount of the agricultural land easement deed: This Agricultural purchase price. 12. The ENTITY must obtain a determination of the fair market value of the agricultural land easement for each Parcel at its own cost using one of the methods set forth in 7 CFR Section 1468.24. The determination of value for each Parcel must meet NRCS specifications and the requirements of 7 CFR Part 1468 and will not be reviewed by NRCS prior to payment or closing. Individual appraisals must be conducted by a certified general appraiser and must conform to either the Uniform Standards of Professional Appraisals Practices or the Uniform Appraisal Standards for Federal Land Easement is acquired with funds providedAcquisitions (Interagency Land Acquisition Conference, in part, by the Agricultural Conservation Easement Program, (ACEP2000). The EXHIBIT effective date of the appraised value must be within 6 months prior to or after the date the Parcel is attached hereto and incorporated herein added to this agreement as a funded Parcel or within 12 months of the closing date of the agricultural land easement on the Parcel. Use of fair market valuation methodologies other than individual USPAP or UASFLA appraisals must be approved by reference and will run NRCS in writing prior to entering into this Grant Agreement. 13. Within 30 days of recordation or request for reimbursement, whichever is sooner, the ENTITY must provide NRCS with the land in perpetuity [or following documents for the maximum duration allowed under applicable State laws]individual Parcel: • A copy of the final recorded agricultural land easement deed • A copy of the final policy of title insurance • A hardcopy and electronic copy of the appraisal report • A copy of the title company’s title commitment and underlying documents • A completed LTP-23 Certificate of Use and Consent or similar document • Any impervious surface waiver requests and supporting documentation • A map of any existing and proposed building envelopes • A copy of the signed agricultural land easement plan • A signed baseline documentation report 14. As required The ENTITY may not use ACEP funds to acquire an easement on a property in which the ENTITY’s employee or board member, with decision-making involvement in easement acquisition and management matters, has a property interest or whose immediate family member or household member has a property interest. The ENTITY agrees to conduct itself in a manner so as to protect the integrity of agricultural land easements it holds and avoid the appearance of impropriety or actual conflicts of interest in its acquisition and management of agricultural land easements. 15. The ENTITY may not at any time, when the ENTITY is named as a Grantee on the agricultural land easement, seek to acquire the remaining fee interest in the Parcel. Likewise, if the ENTITY enters into an agreement with another entity to manage or monitor the agricultural land easement, and that entity seeks to acquire the underlying fee, the ENTITY agrees to terminate immediately such agreement and arrange for an uninterested party to manage or monitor the Parcel. 16. The ENTITY must implement easement enforcement procedures when a violation of the agricultural land easement is identified by 16or reported to the ENTITY. ENTITY enforcement procedures resulting from a violation of a conservation plan may only be initiated after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 CFR Part 12 and 7 CFR Part 614. 17. The ENTITY must submit a completed Federal Financial Report Standard Form 425 (FFRs) (Exhibit

ENTITY Responsibilities. 1. ENTITY must will purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments Attachment A to this Cooperative Grant Agreement consistent with the requirements identified in this Grant Agreement. ACEP agricultural land easements are conservation easements conveyed for The landowner is identified as the purpose of protecting natural resources and Grantor under the agricultural nature terms of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this partdeed. 2. ENTITY must, must ensure that the agricultural land easements acquired with funds made available under this Cooperative Grant Agreement and that the agricultural land easement deeds satisfy the following requirements: a. Contain the “Minimum Terms for the Protection of Agricultural Use”, attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY’s additional language does not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum regulatory deed requirements identified at 7 CFR § Section 1468.25(d), except as further clarified in item (h); c. b. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part. d. c. Are conveyed for the purpose of protecting natural resources and the agricultural nature of the landland and permitting the landowner the right to continued agricultural production and related uses; e. d. Run with the land in perpetuity or or, where State law prohibits a permanent easement, for the maximum duration allowable under State law; f. e. Protect the agricultural use, future viability, and related conservation value, value of the Parcels by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values or protect grazing uses and related conservation values by restoring and or conserving eligible land, including grasslands of special environmental significance; g. f. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns;the h. g. Permit effective enforcement of the conservation purposes of such easements; h. A conservation plan is required pursuant to the terms of 7 CFR Section 1468.25(d)(2) for any portion of the Parcel that is Highly Erodible Cropland (HEL); and i. Subject Include the following United States Right of Enforcement: 3. ENTITY is authorized to use its own terms and conditions for the agricultural land easement deed and is required to ensure and certify to NRCS as a condition of payment that the agricultural land easement meets the minimum conditions in Section VII.A.2 above. NRCS review of the agricultural land easement deed will not occur prior to payment or closing. 4. If NRCS determines that an agricultural land easement deed fails to meet the minimum conditions in Section VII.A.2 above after the ENTITY has acquired the agricultural land easement, then the ENTITY must correct the agricultural land easement deed within 180 days of receiving written notice from NRCS. 5. The ENTITY must perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid agricultural land easements. 6. The ENTITY must pay all costs of agricultural land easement acquisition and must operate and manage each agricultural land easement in accordance with its easement program, this Grant Agreement, 16 U.S.C. Section 3865 et seq., and applicable regulations. NRCS will have no responsibility for the costs or management of the agricultural land easements purchased by the ENTITY. 7. NRCS will not be responsible for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the ENTITY in connection with its acquisition or management of the agricultural land easements acquired pursuant to this Grant Agreement. This includes but is not limited to acts and omissions of the ENTITY agents, successors, assigns, employees, contractors, or lessees that result in violations of any laws and regulations that are now or that may in the future become applicable. 8. The ENTITY must prepare a baseline documentation report documenting the condition of the Parcel as of the time the agricultural land easement is acquired and include a completed baseline report in the payment request package submitted to NRCS pursuant to Section VI. The baseline documentation report must contain maps, full descriptions, and pictures of the Parcel location, existing structures and infrastructure, land use, land cover and its condition, and any special features for which the Parcel is being protected. 9. ENTITY must ensure completion of a conservation plan that meets the requirements of 7 CFR Part 12 for any portion of a Parcel that contains highly erodible cropland (HEL). The HEL conservation plan must be developed by NRCS or an NRCS-certified planner and approved prior to closing. The conservation plan may comprise the entirety of an agricultural land easement plan. The development of a broad comprehensive agricultural land easement plan or associated component plans is not required unless agreed to by ENTITY as a condition of funding. The agricultural land easement is not required to be subject to an agricultural land easement plan that meets with the requirements of this Section. 3. The ENTITY has the following three options for ensuring that the agricultural land easement contains the ALE Minimum Deed Terms required in paragraph VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement exception that the ENTITY satisfies all of must ensure the following requirements:ALE deed addresses compliance requirements associated with HEL conservation plans pursuant to 7 CFR 12. (i) The ALE Minimum Deed Terms addendum is signed by the landowner and 10. In acquiring agricultural land easements, the ENTITY and must ensure that the title to the lands or interests therein will be attached unencumbered or that outstanding or reserved interests are subordinated to the agricultural land easement deed at easement. The ENTITY must review the time of closing and recordation; (ii) The terms title commitment to ensure there are no encumbrances that would allow nonagricultural uses of the ALE Minimum Deed Terms addendum property that are not modified; andinconsistent with this Grant Agreement, 16 U.S.C. Section 3865 et seq., and applicable regulations. Any exceptions to the requirement to remove or subordinate outstanding or reserved interests must be consistent with this Grant Agreement, 16 U.S.C. Section 3865 et seq., and applicable regulations, and the ENTITY’s determination and basis of acceptability documented on an LTP-23 Certificate of Use and Consent or substantively similar document. 11. The ENTITY must secure proper title evidence and insurance using an American Land Title Association (iiiALTA) The paragraph below is inserted Owner’s Policy with the ENTITY listed as the insured on the policy and the policy issued for at least the bottom full amount of the agricultural land easement deed: This Agricultural purchase price. 12. The ENTITY must obtain a determination of the fair market value of the agricultural land easement for each Parcel at its own cost using one of the methods set forth in 7 CFR Section 1468.24. The determination of value for each Parcel must meet NRCS specifications and the requirements of 7 CFR Part 1468 and will not be reviewed by NRCS prior to payment or closing. Individual appraisals must be conducted by a certified general appraiser and must conform to either the Uniform Standards of Professional Appraisals Practices or the Uniform Appraisal Standards for Federal Land Easement is acquired with funds providedAcquisitions (Interagency Land Acquisition Conference, in part, by the Agricultural Conservation Easement Program, (ACEP2000). The EXHIBIT effective date of the appraised value must be within 6 months prior to or after the date the Parcel is attached hereto and incorporated herein added to this agreement as a funded Parcel or within 12 months of the closing date of the agricultural land easement on the Parcel. Use of fair market valuation methodologies other than individual USPAP or UASFLA appraisals must be approved by reference and will run NRCS in writing prior to entering into this Grant Agreement. 13. Within 30 days of recordation or request for reimbursement, whichever is sooner, the ENTITY must provide NRCS with the land in perpetuity [or following documents for the maximum duration allowed under applicable State laws]individual Parcel: • A copy of the final recorded agricultural land easement deed • A copy of the final policy of title insurance • A hardcopy and electronic copy of the appraisal report • A copy of the title company’s title commitment and underlying documents • A completed LTP-23 Certificate of Use and Consent or similar document • Any impervious surface waiver requests and supporting documentation • A map of any existing and proposed building envelopes • A copy of the any agricultural land easement plans, including any component plans • A signed baseline documentation report 14. As required The ENTITY may not use ACEP funds to acquire an easement on a property in which the ENTITY’s employee or board member, with decision-making involvement in easement acquisition and management matters, has a property interest or whose immediate family member or household member has a property interest. The ENTITY agrees to conduct itself in a manner so as to protect the integrity of agricultural land easements it holds and avoid the appearance of impropriety or actual conflicts of interest in its acquisition and management of agricultural land easements. 15. The ENTITY may not at any time, when the ENTITY is named as a Grantee on the agricultural land easement, seek to acquire the remaining fee interest in the Parcel. Likewise, if the ENTITY enters into an agreement with another entity to manage or monitor the agricultural land easement, and that entity seeks to acquire the underlying fee, the ENTITY agrees to terminate immediately such agreement and arrange for an uninterested party to manage or monitor the Parcel. 16. The ENTITY must implement easement enforcement procedures when a violation of the agricultural land easement is identified by 16or reported to the ENTITY. ENTITY enforcement procedures resulting from a violation of a conservation plan may only be initiated after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 CFR Part 12 and 7 CFR Part 614. 17. The ENTITY must submit a completed Federal Financial Report Standard Form 425 (FFRs) (Exhibit

ENTITY Responsibilities. 1. ENTITY must will purchase agricultural land easements on eligible land from eligible landowners for the Parcels identified on the attachments to this Cooperative Agreement consistent with the requirements identified in this Agreement. ACEP agricultural land easements are conservation easements conveyed for the purpose of protecting natural resources and the agricultural nature of the land and permit the landowner the right to continue agricultural production and related uses subject to an agricultural land easement plan, as specified in in this part. 2. ENTITY must, will ensure that agricultural land easements acquired with funds made available under this Cooperative Agreement and that the deeds satisfy the following requirements: a. Contain the “Minimum Terms for the Protection of Agricultural Use”, ,” attached to this Cooperative Agreement as exhibit 7 (ALE Minimum Deed Terms). The ENTITY is authorized to use its own terms and conditions in the agricultural land easements so long as the ENTITY’s additional language does not alter or defeat the intent, purpose, purpose or effective enforcement by the Parties of the ALE minimum deed terms, the Agricultural Conservation Easement Program, or the agricultural land easements acquired under this Cooperative Agreement. b. Address all of the minimum deed requirements identified at 7 CFR § Section 1468.25(d);. c. Address the disposition of the agricultural land easement and the Federal share in the event the agricultural land easement is ever extinguished, terminated, or condemned in whole or in part. d. Are conveyed for the purpose of protecting natural resources and the agricultural nature of the land;. e. Run with the land in perpetuity or or, where State law prohibits a permanent easement, for the maximum duration allowable under State law;. f. Protect the agricultural use, future viability, and related conservation value, value of the Parcels by limiting nonagricultural uses of that land or protect grazing uses and related conservation values by restoring and conserving eligible land, including grasslands of special environmental significance;. g. Provide for the administration, management, and enforcement of the agricultural land easement by the ENTITY or its successors and assigns;. h. Permit effective enforcement of the conservation purposes of such easements; and. i. Subject the Parcel to an agricultural land easement plan that meets the requirements of this Sectionsection. 3. The ENTITY has the following three options for ensuring that the agricultural land easement contains the ALE Minimum Deed Terms required in paragraph VII.A.2 above: a. Attach the ALE Minimum Deed Terms Addendum as an Exhibit to the Agricultural Land Easement Deed. Under this option the ENTITY does not need to have the entire agricultural land easement deed reviewed by NRCS, instead NRCS at the State level will verify prior to the ENTITY requesting an advance of the Federal share or closing on an agricultural land easement that the ENTITY satisfies all of the following requirements: (i) The ALE Minimum Deed Terms addendum is signed by the landowner and the ENTITY and will be attached to the agricultural land easement deed at the time of closing and recordation;. (ii) The terms of the ALE Minimum Deed Terms addendum are not modified; and. (iii) The paragraph below is inserted at the bottom of the agricultural land easement deed: This Agricultural Land Easement is acquired with funds provided, in part, by the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land in perpetuity [or for the maximum duration allowed under applicable State laws]. As required by 16: