Explanation. All U.S.-held conservation easement deeds, including the EWPP-FPE Deed, must be accepted, in writing, by an NRCS employee with the appropriate delegation of authority. Such acceptance must be recorded as part of the warranty easement deed. Since the NRCS-LTP-20 does not currently include an NRCS acceptance, to document that EWPP-FPE easement acquisitions meet legal and policy requirements for easement acceptance, States must complete the following actions:
(1) The attached “Acceptance by Grantee” must be executed by an NRCS employee with the appropriate delegation of authority at the time of closing all EWPP-FPE easements and recorded as part of the EWPP-FPE Deed.
(2) In consultation with the regional Office of General Counsel (OGC), States must determine whether the NRCS acceptance of the EWPP-FPE Deed must be notarized. If a notarized acceptance is required, States are authorized to include a notary block on the attached “Acceptance by Grantee” as required by OGC to meet State legal requirements for acceptance.
(3) If States have already closed and recorded EWPP-FPE Deeds that do not include an NRCS acceptance, additional action may need to be taken to ensure that the United States has accepted its rights under the easement. If a State is aware of any EWPP-FPE that closed without an acceptance, contact EPD for next steps. The email should be sent to EasementSupport@usda.gov and include the National Easement Staging Tool (NEST) number(s). The closed and recorded deed must also be uploaded to the NEST record.
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