§3838p. Duties of Secretary
(a) In general
In return for the granting of an easement, or the execution of a rental agreement, by an owner under this subpart, the Secretary shall, in accordance with this section-
(1) make easement or rental agreement payments to the owner in accordance with subsection (b) of this section; and
(2) make payments to the owner for the Federal share of the cost of restoration in accordance with subsection (c) of this section.
(b) Payments
(1) Easement payments
(A) Amount
In return for the granting of an easement by an owner under this subpart, the Secretary shall make easement payments to the owner in an amount equal to-
(i) in the case of a permanent easement, the fair market value of the land less the grazing value of the land encumbered by the easement; and
(ii) in the case of a 30-year easement or an easement for the maximum duration allowed under applicable State law, 30 percent of the fair market value of the land less the grazing value of the land for the period during which the land is encumbered by the easement.
(B) Schedule
Easement payments may be provided in not less than 1 payment nor more than 10 annual payments of equal or unequal amount, as agreed to by the Secretary and the owner.
(2) Rental agreement payments
In return for entering into a rental agreement by an owner under this subpart, the Secretary shall make annual payments to the owner during the term of the rental agreement in an amount that is not more than 75 percent of the grazing value of the land covered by the contract.
(c) Federal share of restoration
The Secretary shall make payments to an owner under this section of not more than-
(1) in the case of grassland, land that contains forbs, or shrubland that has never been cultivated, 90 percent of the costs of carrying out measures and practices necessary to restore functions and values of that land; or
(2) in the case of restored grassland, land that contains forbs, or shrubland, 75 percent of those costs.
(d) Payments to others
If an owner that is entitled to a payment under this subpart dies, becomes incompetent, is otherwise unable to receive the payment, or is succeeded by another person who renders or completes the required performance, the Secretary shall make the payment, in accordance with regulations promulgated by the Secretary and without regard to any other provision of law, in such manner as the Secretary determines is fair and reasonable in light of all the circumstances.
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