Common use of For Non-Certified Eligible Entities Clause in Contracts

For Non-Certified Eligible Entities. ENTITY is authorized to use its own terms and conditions in the agricultural land easement deeds so long as the agricultural land easement deed contains the “Minimum Terms for the Protection of Agricultural Use” (ALE Minimum Deed Terms). For ACEP-ALE-GSS enrollments, the grassland and GSS-specific options provided in the ALE Minimum Deed Terms addendum must be used. ENTITY’s own terms and conditions in the deed may not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE Minimum Deed Terms, ACEP, or the agricultural land easements acquired pursuant to this PROGRAM AGREEMENT. i. ENTITY has the following three options for ensuring the agricultural land easement deed for an individual Parcel contains the ALE Minimum Deed Terms and ENTITY must identify the selected option upon execution of an individual Parcel Contract. The selected option may be changed upon mutual agreement of the Parties through the execution of a modification to an individual Parcel Contract, provided all provisions of this PROGRAM AGREEMENT and the Parcel Contract are met. a. Attach the ALE Minimum Deed Terms Addendum as an exhibit to the Agricultural Land Easement Deed.—Under this option, NRCS at the State level, may approve the individual agricultural land easement deed after verifying, prior to ENTITY requesting an advance of the Federal share or closing on an agricultural land easement, that ENTITY satisfies all of the following requirements: • The ALE Minimum Deed Terms addendum, using the version attached as an exhibit to the individual Parcel Contract, will be attached to the agricultural land easement deed at the time of closing and recordation in accordance with the ‘Instructions for Appending’ provided in the ALE Minimum Deed Terms addendum; • The terms of the ALE Minimum Deed Terms addendum are not modified except for appropriate formatting changes, selecting options, removing instructional provisions, and substituting, as needed, the defined terms for the ALE deed, baseline documentation report, Protected Property, and the Parties; and • The paragraph below, or equivalent paragraph contained in the version of the ALE Minimum Deed Terms addendum attached as an exhibit to an individual Parcel Contract, is inserted at the bottom of the agricultural land easement deed: acquired with funds provided, in part, under the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land [SELECT ONE: in perpetuity OR for the maximum duration allowed under applicable State laws]. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP funds, all present and future use of the Protected Property identified in EXHIBIT (legal description or survey) is and will remain subject to the terms and conditions described in EXHIBIT entitled “Minimum Terms For The Protection Of Agricultural Use” that is appended to and made a part of this easement deed.

For Non-Certified Eligible Entities. ENTITY is authorized to use its own terms and conditions in the agricultural land easement deeds so long as the agricultural land easement deed contains the “Minimum Terms for the Protection of Agricultural Use” (ALE Minimum Deed Terms). For ACEP-ALE-GSS enrollments, the grassland and GSS-specific options provided in the ALE Minimum Deed Terms addendum must be used. ENTITY’s own terms and conditions in the deed may not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE Minimum Deed Terms, ACEP, or the agricultural land easements acquired pursuant to this PROGRAM AGREEMENT. i. ENTITY has the following three options for ensuring the agricultural land easement deed for an individual Parcel contains the ALE Minimum Deed Terms and ENTITY must identify the selected option upon execution of an individual Parcel Contract. The selected option may be changed upon mutual agreement of the Parties through the execution of a modification to an individual Parcel Contract, provided all provisions of this PROGRAM AGREEMENT and the Parcel Contract are met. a. Attach the ALE Minimum Deed Terms Addendum as an exhibit to the Agricultural Land Easement Deed.—Under this option, NRCS at the State level, may approve the individual agricultural land easement deed after verifying, prior to ENTITY requesting an advance of the Federal share or closing on an agricultural land easement, that ENTITY satisfies all of the following requirements: • The ALE Minimum Deed Terms addendum, using the version attached as an exhibit to the individual Parcel Contract, will be attached to the agricultural land easement deed at the time of closing and recordation in accordance with the ‘Instructions for Appending’ provided in the ALE Minimum Deed Terms addendum; • The terms of the ALE Minimum Deed Terms addendum are not modified except for appropriate formatting changes, selecting options, removing instructional provisions, and substituting, as needed, the defined terms for the ALE deed, baseline documentation report, Protected Property, and the Parties; and • The paragraph below, or equivalent paragraph contained in the version of the ALE Minimum Deed Terms addendum attached as an exhibit to an individual Parcel Contract, is inserted at the bottom of the agricultural land easement deed: acquired with funds provided, in part, under the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land [SELECT ONE: in perpetuity OR for the maximum duration allowed under applicable State laws]. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP funds, all present and future use of the Protected Property identified in EXHIBIT (legal description or survey) is and will remain subject to the terms and conditions described in EXHIBIT entitled “Minimum Terms For The Protection Of Agricultural Use” that is appended to and made a part of this easement deed.:

For Non-Certified Eligible Entities. ENTITY is authorized to use its own terms and conditions in the agricultural land easement deeds so long as the agricultural land easement deed contains the “Minimum Terms for the Protection of Agricultural Use” (ALE Minimum Deed Terms). For ACEP-ACEP- ALE-GSS enrollments, the grassland and GSS-specific options provided in the ALE Minimum Deed Terms addendum must be used. ENTITY’s own terms and conditions in the deed may not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE Minimum Deed Terms, ACEP, or the agricultural land easements acquired pursuant to this PROGRAM AGREEMENT. i. a. ENTITY has the following three options for ensuring the agricultural land easement deed for an individual Parcel contains the ALE Minimum Deed Terms and ENTITY must identify the selected option upon execution of an individual Parcel Contract. The selected option may be changed upon mutual agreement of the Parties through the execution of a modification to an individual Parcel Contract, provided all provisions of this PROGRAM AGREEMENT and the Parcel Contract are met. a. (i) Attach the ALE Minimum Deed Terms Addendum as an exhibit to the Agricultural Land Easement Deed.—Under this option, NRCS at the State level, may approve the individual agricultural land easement deed after verifying, prior to ENTITY requesting an advance of the Federal share or closing on an agricultural land easement, that ENTITY satisfies all of the following requirements: • The ALE Minimum Deed Terms addendum, using the version attached as an exhibit to the individual Parcel Contract, will be attached to the agricultural land easement deed at the time of closing and recordation in accordance with the ‘Instructions for Appending’ provided in the ALE Minimum Deed Terms addendum; • The terms of the ALE Minimum Deed Terms addendum are not modified except for appropriate formatting changes, selecting options, removing instructional provisions, and substituting, as needed, the defined terms for the ALE deed, baseline documentation report, Protected Property, and the Parties; and • The paragraph below, or equivalent paragraph contained in the version of the ALE Minimum Deed Terms addendum attached as an exhibit to an individual Parcel Contract, is inserted at the bottom of the agricultural land easement deed: acquired with funds provided, in part, under the Agricultural Conservation Easement Program, (ACEP). The EXHIBIT is attached hereto and incorporated herein by reference and will run with the land [SELECT ONE: in perpetuity OR for the maximum duration allowed under applicable State laws]. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468, and as a condition of receiving ACEP funds, all present and future use of the Protected Property identified in EXHIBIT (legal description or survey) is and will remain subject to the terms and conditions described in EXHIBIT entitled “Minimum Terms For The Protection Of Agricultural Use” that is appended to and made a part of this easement deed. (ii) Incorporate the ALE Minimum Deed Terms into the Body of the Agricultural Land Easement Deed.—Under this option, ENTITY must ensure the ALE Minimum Deed Terms, as stated in the ALE Minimum Deed Terms addendum are incorporated into the body of the agricultural land easement deed in accordance with ‘Instructions for Incorporation’ provided in the ALE Minimum Deed Terms addendum. The ALE Minimum Deed Terms may be formatted to select options where instructed, conform terms to deed formatting, complete terms with required information, and delete instructions to drafters. Each individual agricultural land easement deed submitted under this option must be reviewed and approved by NRCS National Headquarters (NHQ) and attached as an exhibit to the individual Parcel Contract prior to ENTITY requesting an advance of the Federal share or closing on an agricultural land easement.

For Non-Certified Eligible Entities. ENTITY is authorized to use its own terms and conditions in the agricultural land easement deeds so long as the agricultural land easement deed contains the “Minimum Terms for the Protection of Agricultural Use” (ALE Minimum Deed Terms). For ACEP-ACEP- ALE-GSS enrollments, the grassland and GSS-specific options provided in the ALE Minimum Deed Terms addendum must be used. ENTITY’s own terms and conditions in the deed may not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE Minimum Deed Terms, ACEP, or the agricultural land easements acquired pursuant to this PROGRAM AGREEMENT. i. a. ENTITY has the following three options for ensuring the agricultural land easement deed for an individual Parcel contains the ALE Minimum Deed Terms and ENTITY must identify the selected option upon execution of an individual Parcel Contract. The selected option may be changed upon mutual agreement of the Parties through the execution of a modification to an individual Parcel Contract, provided all provisions of this PROGRAM AGREEMENT and the Parcel Contract are met. a. (i) Attach the ALE Minimum Deed Terms Addendum as an exhibit to the Agricultural Land Easement Deed.—Under this option, NRCS at the State level, may approve the individual agricultural land easement deed after verifying, prior to ENTITY requesting an advance of the Federal share or closing on an agricultural land easement, that ENTITY satisfies all of the following requirements: • The ALE Minimum Deed Terms addendum, using the version attached as an exhibit to the individual Parcel Contract, will be attached to the agricultural land easement deed at the time of closing and recordation in accordance with the ‘Instructions for Appending’ provided in the ALE Minimum Deed Terms addendum; • The terms of the ALE Minimum Deed Terms addendum are not modified except for appropriate formatting changes, selecting options, removing instructional provisions, and substituting, as needed, the defined terms for the ALE deed, baseline documentation report, Protected Property, and the Parties; and • The paragraph below, or equivalent paragraph contained in the version of the ALE Minimum Deed Terms addendum attached as an exhibit to an individual Parcel Contract, is inserted at the bottom of the agricultural land easement deed: acquired with funds provided, in part, under : (ii) Incorporate the ALE Minimum Deed Terms into the Body of the Agricultural Conservation Land Easement ProgramDeed.—Under this option, (ACEP)ENTITY must ensure the ALE Minimum Deed Terms, as stated in the ALE Minimum Deed Terms addendum are incorporated into the body of the agricultural land easement deed in accordance with ‘Instructions for Incorporation’ provided in the ALE Minimum Deed Terms addendum. The EXHIBIT is attached hereto and incorporated herein by reference and will run ALE Minimum Deed Terms may be formatted to select options where instructed, conform terms to deed formatting, complete terms with the land [SELECT ONE: in perpetuity OR for the maximum duration allowed under applicable State laws]. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468information, and delete instructions to drafters. Each individual agricultural land easement deed submitted under this option must be reviewed and approved by NRCS National Headquarters (NHQ) and attached as a condition of receiving ACEP funds, all present and future use an exhibit to the individual Parcel Contract prior to ENTITY requesting an advance of the Protected Property identified in EXHIBIT (legal description Federal share or survey) is and will remain subject to the terms and conditions described in EXHIBIT entitled “Minimum Terms For The Protection Of Agricultural Use” that is appended to and made a part of this easement deedclosing on an agricultural land easement.

For Non-Certified Eligible Entities. ENTITY is authorized to use its own terms and conditions in the agricultural land easement deeds so long as the agricultural land easement deed contains the “Minimum Terms for the Protection of Agricultural Use” (ALE Minimum Deed Terms). For ACEP-ALE-GSS enrollments, the grassland and GSS-specific options provided in the ALE Minimum Deed Terms addendum must be used. ENTITY’s own terms and conditions in the deed may not alter or defeat the intent, purpose, or effective enforcement by the Parties of the ALE Minimum Deed Terms, ACEP, or the agricultural land easements acquired pursuant to this PROGRAM AGREEMENT. i. a. ENTITY has the following three options for ensuring the agricultural land easement deed for an individual Parcel contains the ALE Minimum Deed Terms and ENTITY must identify the selected option upon execution of an individual Parcel Contract. The selected option may be changed upon mutual agreement of the Parties through the execution of a modification to an individual Parcel Contract, provided all provisions of this PROGRAM AGREEMENT and the Parcel Contract are met. a. (i) Attach the ALE Minimum Deed Terms Addendum as an exhibit to the Agricultural Land Easement Deed.—Under this option, NRCS at the State level, may approve the individual agricultural land easement deed after verifying, prior to ENTITY requesting an advance of the Federal share or closing on an agricultural land easement, that ENTITY satisfies all of the following requirements: • The ALE Minimum Deed Terms addendum, using the version attached as an exhibit to the individual Parcel Contract, will be attached to the agricultural land easement deed at the time of closing and recordation in accordance with the ‘Instructions for Appending’ provided in the ALE Minimum Deed Terms addendum; • The terms of the ALE Minimum Deed Terms addendum are not modified except for appropriate formatting changes, selecting options, removing instructional provisions, and substituting, as needed, the defined terms for the ALE deed, baseline documentation report, Protected Property, and the Parties; and • The paragraph below, or equivalent paragraph contained in the version of the ALE Minimum Deed Terms addendum attached as an exhibit to an individual Parcel Contract, is inserted at the bottom of the agricultural land easement deed: acquired with funds provided, in part, under : (ii) Incorporate the ALE Minimum Deed Terms into the Body of the Agricultural Conservation Land Easement ProgramDeed.—Under this option, (ACEP)ENTITY must ensure the ALE Minimum Deed Terms, as stated in the ALE Minimum Deed Terms addendum are incorporated into the body of the agricultural land easement deed in accordance with ‘Instructions for Incorporation’ provided in the ALE Minimum Deed Terms addendum. The EXHIBIT is attached hereto and incorporated herein by reference and will run ALE Minimum Deed Terms may be formatted to select options where instructed, conform terms to deed formatting, complete terms with the land [SELECT ONE: in perpetuity OR for the maximum duration allowed under applicable State laws]. As required by 16 U.S.C. Section 3865 et seq. and 7 CFR Part 1468information, and delete instructions to drafters. Each individual agricultural land easement deed submitted under this option must be reviewed and approved by NRCS National Headquarters (NHQ) and attached as a condition of receiving ACEP funds, all present and future use an exhibit to the individual Parcel Contract prior to ENTITY requesting an advance of the Protected Property identified in EXHIBIT (legal description Federal share or survey) is and will remain subject to the terms and conditions described in EXHIBIT entitled “Minimum Terms For The Protection Of Agricultural Use” that is appended to and made a part of this easement deedclosing on an agricultural land easement.