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r � � ;:,, . ., 2 0110 3 <br />.;„ a , 5 � <br />B. Limitations. Compatible use authorizations will only be made if, upon a <br />determination by NRCS in the exercise of its sole discretion and rights, that <br />the proposed use is consistent with the long-term protection and enhancement <br />of the wetland and other natural values of the easement area. The NRCS shall <br />prescribe the amount, method, timing, intensity, and duration of the <br />compatible use. <br />PART V. Ri�hts of the United States. The rights of the United States include: <br />A. Management activities. The United States has the right to enter the easement <br />area to undertake, on a cost-share basis with the Landowner or other entity as <br />determined by the United States, any activities to restore, protect, manage, <br />maintain, enhance, and monitor the wetland and other natural values of the <br />easement area. The United States may apply to or impound additional waters, <br />' in accordance with State water law, on the easement area in order to maintain <br />or improve wetland and other natural values. <br />B. Access. The United States has a right of reasonable ingress and egress to the <br />easement area over the Landowner's properiy, whether or not the property is <br />adjacent or appurtenant to the easement area, for the exercise of any of the <br />rights of the United States under this easement deed. The authorized <br />representatives of the United States may utilize vehicles and other reasonable <br />modes of transportation for access purposes. To the extent practical, the <br />United Sta.tes shall utilize the access identified in E�BIT B. <br />C. Easement Mana eg ment. The Secretary of Agriculture, by and through the <br />NRCS, may delegate all or part of the management, monitoring or <br />enforcement responsibilities under this easement to any entity authorized by <br />law that the NRCS determines to have the appropriate authority, expertise and <br />resources necessary to carry out such delegated responsibilities. State or <br />federal agencies may utilize their general statutory authorities in the <br />administration of any delegated management, monitoring or enforcement <br />responsibilities for this easement. The authority to modify or terminate this <br />easement (16 U.S.C. §3837e(b)) is reserved to the Secretary of Agriculture in <br />accordance with applicable law. <br />D. Violations and Remedies - Enforcement. The Parties, Successors, and <br />Assigns, agree that the rights, title, interests, and prohibitions created by this <br />easement deed constitute things of value to the United States and this <br />easement deed may be introduced as evidence of same in any enforcement <br />proceeding, administrative, civil or criminal, as the stipulation of the Parties <br />hereto. If there is any failure of the Landowner to comply with any of the <br />provisions of this easement deed, the United States or other delegated <br />authority shall have any legal or equitable remedy provided by law and the <br />right: <br />