PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 259 "(ii)(I) a 30-year rental agreement or permanent or 30-year easement; or "(II) in a State that imposes a maximum duration for easements, an easement for the maximum duration allowed under State law. "(B) WAIVER. — The Secretary may enroll in the program such parcels of land that are less than 40 acres as the Secretary determines are appropriate to achieve the purposes of the program. "(3) LIMITATION ON USE OF EASEMENTS AND RENTAL AGREE- MENTS.—Of the total amount of funds expended under the program to acquire easements and rental agreements described in paragraph (2)(A)— "(A) not more than 40 percent shall be used for rental agreements described in paragraph (2)(A)(i); and "(B) not more than 60 percent shall be used for easements and rental agreements described in paragraph (2)(A)(ii). "(c) ELIGIBLE LAND.— Land shall be eligible to be enrolled in the program if the Secretary determines that the land is private land that is— "(1) grassland, land that contains forbs, or shrubland (including improved rangeland and pastureland); or "(2) land that— "(A) is located in an area that has been historically dominated by grassland, forbs, or shrubland; and "(B) has potential to serve as habitat for animal or plant populations of significant ecological value if the land is— "(i) retained in the current use of the land; or "(ii) restored to a natural condition; or "(3) land that is incidental to land described in paragraph (1) or (2), if the incidental land is determined by the Secretary to be necessary for the efficient administration of an agreement or easement. " SEC. 12380. REQUIREMENTS RELATING TO EASEMENTS AND AGREE- 16 USC 3838O. MENTS. "(a) REQUIREMENTS OF LANDOWNER.— "(1) IN GENERAL.—To be eligible to enroll land in the program through the grant of an easement, the owner of the land shall enter into an agreement with the Secretary— "(A) to grant an easement that applies to the land to the Secretary; "(B) to create and record an appropriate deed restriction in accordance with applicable State law to reflect the easement; "(C) to provide a written statement of consent to the easement signed by persons holding a security interest or any vested interest in the land; "(D) to provide proof of unencumbered title to the underlying fee interest in the land that is the subject of the easement; and "(E) to comply with the terms of the easement and restoration agreement.
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