2. Farmland lease policy
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2. Farmland lease policy
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o <br /> <br />d. Transfer. The Grantee agrees that it shall convey any interest in the property <br /> only with prior approval of the transferee from the Regional Director of <br /> FEMA and only to another public entity or to an organization q~lified under <br /> Section 170(h) of the Internal Revenue Code of 1954, as amended, and <br /> applicable regulations promulgated thereunder. However, the Grantee may <br /> convey a lease to a private individual or entity for purposes compatible with <br /> the uses described in Paragraph 1 (a), above, including agriculture, with the <br /> prior approval of the Regional Director. <br /> If title to the property is transferred to a public entity other than a qualified <br /> state or federal agency with a conservation mission, it must be conveyed <br /> subject to a Conservation Easement that shall be recorded with the deed and <br /> shall incorporate all terms and conditions set forth herein, including the <br /> easemem holder's responsibility to enforce the easement. This shall be <br /> accomplished by one of the following means: <br /> <br /> i. The Grantee shall convey, in accordance with section (d), above, a <br /> conservation easement to someone other than the title holder, or <br /> <br /> ii. At the time of title transfer, the Grantee shall retain such <br /> conservation easement, and record it with the deed. <br /> <br /> Inspection. FEMA, its representatives, and assigns, shall have the right to enter <br /> upon the property, at reasonable times and with reasonable notice, for the purpose of <br /> inspecting the property to ensure compliance with the terms of the grant. <br /> <br />Enforcement. If the subject property is not maintained according to the terms of the <br />grant, the Grantee, the State of North Dakota, and FEMA, its representatives, and <br />assigns are responsible for taking measures to bring the property back into <br />compliance. <br /> <br /> The State will notify the Grantee in writing and advise the Grantee that it has <br /> 60 days to correct the violation. <br /> <br /> If the Grantee fails to demonstrate a good faith effort to come into <br /> compliance with the terms of the grant within the 60-day period, the State <br /> shall enforce the terms of the grant by taking any measures it deems <br /> appropriate, including but not limited to bringing an action at law or in <br /> equity in a court of competent jurisdiction. <br /> <br />ao <br /> <br /> <br />
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