Agricultural Conservation
Easement Program
(ACEP)
Agricultural Act of 2014
Enacted February 7, 2014
Subtitle H of Title XII of the Food Security Act of 1985,
as amended by Section 2301 of the Agricultural Act of 2014
(Public Law 113-79)
ACEP 2015
Slide 1
Agricultural Conservation Easement Program (ACEP)
• ACEP 2015– FY 2015 Timeline
– Enrollment options
– Eligibility requirements
– Ranking
– Easement Compensation
– ALE Match Requirements and Waiver Process
– Agreements and Deed Requirements
– Easement Plans
– Recommendations for Funding
– Allocations and Authorities
Slide 2
Agricultural Conservation Easement Program (ACEP)
ACEP Interim Rule – 7 CFR 1468
•
http://www.regulations.gov/#!documentDetail;D=NRCS-2014-0011-0001
ACEP Manual – 440-CPM, Part 528
•
http://directives.sc.egov.usda.gov/
ACEP FY 2015 Implementation Bulletin – NB-300-15-25
•
http://directives.sc.egov.usda.gov/viewDirective.aspx?hid=37040
ACEP Webpage
•
•
•
•
http://www.nrcs.usda.gov/wps/portal/nrcs/detail/national/programs/easements/acep/?cid=
stelprdb1242695
Links to ACEP Interim Rule and various analysis documents
ALE Minimum Deed Terms
Summary of Changes in ACEP
Slide 3
FY 2015 ACEP Rollout
• Late February –
– ACEP Interim Rule published, 60-day public comment until April 28, 2015
– NRCS now operating under ACEP Interim Rule
• Mid March –
– ACEP Policy Manual published to eDirectives: 440-CPM, Part 528
• March 31 -
National ACEP press release announcing availability of FY 2015 funds and FY
2015 ACEP application period
• April 3 - State ACEP announcement of funding and application cut-off dates
•
Early April - FY 2015 ACEP FA Allocation provided
• May 8 - FY 2015 Oregon ACEP-WRE application cutoff date
• May 15 – FY 2015 Oregon ACEP-ALE application cutoff date
• June 12-19 –
– Eligibility, Ranking, and on-site determinations completed
– Applications tentatively selected and entered in NEST
Slide 4
FY 2015 ACEP Rollout
• July 3–
–
Submit IC review packages to NHQ for applications above National review threshold ($250k)
• July 10–
– Submit draft, unexecuted ACEP-ALE agreements to NHQ for agreements above
threshold
• Early August –
–
–
–
–
Contracted due diligence
Final eligibility determinations made
NHQ Review items returned to States
Agreements drafted for new enrollment
• Mid-August –
– Complete State-level Easement Internal Control Reviews for easement obligations
– Complete WRE preliminary WRPO complete with cost estimates
– All funds reservations requests submitted to NBST
Slide 5
FY 2015 ACEP Rollout
• Mid to Late August –
– Send draft agreements to ALE entities
– Early September –
– NRCS executes agreements that have passed internal controls and been properly
executed by the participants
– Submit documents to NAPST for obligation in FMMI
• Mid September
– Complete entry of all non-funded FY 2015 Applications in NEST
• September 24 –
– All ACEP funds obligated
– All FY 2015 ACEP agreements and applications entered into NEST
• September 30 –
– All existing easements monitored and documented in NEST
Slide 6
New Enrollment Guidance
Accepting and Processing Applications
• May 8, 2015 – Oregon application cutoff date for
FY2015 ACEP-WRE funding consideration
• May 15, 2015 – Oregon application cutoff date for FY
2015 ACEP-ALE funding consideration
• Applications are accepted on a continuous basis
– Applications received after cutoff date may not be
considered for funding in FY 2015
• April 3, 2015 – News Press Release for cut-off dates
Slide 7
New Enrollment Guidance
Accepting and Processing Applications
• ACEP-ALE application forms are:
– NRCS-CPA-41 – “Entity Application for Agricultural
Land Easement (ALE) Agreement”
– NRCS-CPA-41A – “Parcel Sheet for Entity
Application for an ALE Agreement”
• There must be a “Parcel Sheet” (NRCS-CPA-41A) for
every parcel included with an “Entity Application” (NRCSCPA-41)
• May not accept a “Parcel Sheet” without an “Entity
Application”
– SF-424, SF-424A, and SF-424B
Slide 8
New Enrollment Guidance
Accepting and Processing Applications
• ACEP, DUNS, and SAM Registration
– ACEP-ALE –
• All Eligible entities that will be party to an ALE agreement
must have a DUNS http://fedgov.dnb.com/webform and
be registered in SAM https://www.sam.gov/
• ALE landowners, even if they are operating under an EIN,
do NOT have to have a DUNS or be registered in SAM
– ACEP-WRE –
• All WRE landowners that are operating under an EIN
must have a DUNS number and be registered in SAM
Slide 9
New Enrollment Guidance
Accepting and Processing Applications
• As soon as ACEP applications are received
NRCS conducts:
– Eligibility determinations, ranking, and appropriate
preliminary due diligence and planning
– Oregon draft ranking criteria developed
– National ranking criteria
Slide 10
New Enrollment Guidance
ACEP Enrollment Options:
ACEP
Component
Enrollment
Type
Duration
Easement/
Contract
Held By
Eligible
Entity
Eligible
Land
ALE
Easement
1) Perpetual, or
2) Maximum duration
allowed under State Law
WRE
Easement
1) Perpetual,
2) 30-year, or
3) Maximum duration
allowed under State Law
United
States
Private or
Tribal
Land
Yes
WRE
30-year
Contract for
Acreage
owned by an
Indian Tribe
1) 30 years
United
States
Tribal
Land Only
Yes
WRE
Grazing
Reserved
Right
Easement
1) Perpetual,
2) 30-year, or
3) Maximum duration
allowed under State Law
United
States
Private or
Tribal
Land
Yes
Private or
Tribal
Land
Restoration
Cost-Share
Available
No
Slide 11
New Enrollment Guidance
ACEP-WRE Special Enrollment Options in FY 2015:
• ACEP-WRE includes an ACEP-WRE Grazing Reserved Rights
option similar to WREP Reserved Rights Pilot under WRP
• The ACEP-WRE Grazing Reserved Rights option will be
offered in FY 2015
• Applicable easement compensation amount will be reduced by 25
percent for ACEP-WRE Grazing Reserved Rights enrollments
Slide 12
New Enrollment Guidance
• Landowner and Entity Eligibility and Registry
– SCIMS registry:
• All landowners (WRE and ALE) and Eligible Entities (ALE) work
with the Farm Service Agency (FSA) to establish customer records
in the USDA customer records system (SCIMS)
– HEL/WC and AGI compliance:
• Applies to all landowners of record (WRE and ALE) as identified on
a current ownership deed
• Does not apply to Eligible Entities under ALE
– SAMS/DUNS: DUNS number and current SAM registry
required for:
• All WRE landowners operating under an EIN
• All ALE Eligible Entities
• Does not apply to landowners under ALE
Slide 13
New Enrollment Guidance
ACEP Eligibility Requirements: Landowner Eligibility
• Landowner eligibility must be:
– Determined as of FY 2015
– Determined for all landowners of record
• As identified on the current evidence of land ownership
document (deed or other comparable instrument)
• And as required for entity landowners under existing
policy
– Landowners who are entities not to be confused with eligible
entities who will hold ACEP-ALEs
Slide 14
New Enrollment Guidance
ACEP-ALE Eligibility Requirements: Entity Eligibility
• All ACEP-ALE easements must be held by an
Eligible Entity
• Entity eligibility (at least one of the following):
1. Agency of any State or local government or Indian
Tribe (including a farmland protection board or land
resource council established under State law)
Slide 15
New Enrollment Guidance
2. A nongovernmental organization that
certifies that it is--(i) Organized for and, at all times since
the formation of the organization, have
been operated principally for one or more
of the conservation purposes specified in
clause (i), (ii), (iii), or (iv) of section
170(h)4)(A) of the Internal Revenue Code
of 1986
Slide 16
New Enrollment Guidance
(ii) An organization described in section
501 (c)(3) of the Internal Revenue Code
of 1986 that is exempt from taxation
under 501(a) of that code
Slide 17
New Enrollment Guidance
(iii) Described in paragraph (1) or (2)
section 509(a) of the Internal Revenue
Code of 1986 or is described in section
509 (a)(3) of that code is controlled by an
organization described in section
509(a)(2) of that code
Slide 18
New Enrollment Guidance
3. A Tribal entity is an “Indian Tribe” as
defined by section 4 (e) of the Indian SelfDetermination and Education Assistance
Act (25 U.S.C. Section 450b (e)).
Slide 19
New Enrollment Guidance
ACEP-ALE Eligibility Requirements: Entity Eligibility
• At the time of application eligible entities must submit:
1. Entity Application (NRCS-CPA-41) and accompanying
Parcel Sheet (NRCS-CPA-41A) for each parcel;
2. SF-424’s
3. A written pending offer for each parcel;
4. Evidence of availability of sufficient matching funds;
5. Evidence of their capability to acquire, manage and
enforce ALEs;
Slide 20
New Enrollment Guidance
ACEP-ALE Eligibility Requirements: Entity Eligibility
At the time of application eligible entities must submit:
5.Any required waiver documentation;
6. Authority to purchase and hold ALE’s; and
7. Evidence of an established farmland
protection program that purchases conservation
easements for the purpose of protecting
agriculture use and related conservation values
by limiting conversion to non-agricultural uses of
the land.
Slide 21
New Enrollment Guidance
ACEP Eligibility Requirements: Land Eligibility
• ACEP Land eligibility must:
– Be determined as of FY 2015; and
• Purposes of ACEP – Section 1265(b) of 2014 Act
1.
2.
3.
4.
Combine the purposes and coordinate the functions of FRPP, GRP,
and WRP.
Restore, protect, and enhance wetlands on eligible land.
Protect the agricultural use and future viability, and related
conservation value, of eligible land by limiting nonagricultural uses of
that land.
Protect grazing uses and related conservation values by restoring and
conserving eligible land.
Slide 22
New Enrollment Guidance
ACEP-ALE Eligibility Requirements: Land Eligibility
•
ACEP-ALE: Types of land eligible to be enrolled in FY 2014 under ACEP-ALE are slightly different
than FRPP alone and are listed in the Phase 1 ACEP guidance as follows:
1. Private or Tribal land that is, agricultural land, including land on a farm or ranch;
2. Subject to a pending offer for purchase of an agricultural land easement from an eligible entity;
3. Land that:
a. has prime, unique, or other productive soil;
b. contains historical or archaeological resources;
c. the enrollment of which would protect grazing uses and related conservation values by
restoring and conserving land; or
d. the protection of which will further a State or local policy consistent with the purposes of
ACEP; and
4. Land that is:
a. cropland;
b. rangeland;
c. grassland or land that contains forbs, or shrubland for which grazing is the predominant use;
d. located in an area that has been historically dominated by grass land, forbs, or shrubs and could
provide habitat for animal or plant populations of significant ecological value;
e. pastureland; or
Slide 23or serves
f. nonindustrial private forest land that contributes to the economic viability of an offered parcel
as a buffer to protect such land from development.
New Enrollment Guidance
ACEP-ALE Eligibility Requirements: Land Eligibility
• ACEP-ALE: Grasslands of Special Environmental Significance
– 2014 Act included provisions to increase the Federal share for
Grasslands of Special Environmental Significance (GSS) enrolled
under ACEP-ALE
– For grassland enrollments that are not on Grasslands of Special
Environmental Significance, follow general ACEP-ALE procedures
• No increase in Federal share provided by NRCS
Slide 24
New Enrollment Guidance
ACEP-ALE: Grasslands of Special Environmental Significance
• The GSS option is available for those applications that meet the
following land eligibility criteria, Part 528 Subpart D B.
(3): Protection of Grazing Uses and Related Conservation
Values.—Land the enrollment of which would protect grazing
uses and related conservation values by restoring and
conserving land may be eligible for enrollment in ACEP-ALE.
• The GSS is one of the grazing lands options.
Slide 25
New Enrollment Guidance
ACEP-ALE: Grasslands of Special Environmental Significance
• GSS definition “Grasslands of special significance (GSS)” means grasslands
that contain little or no noxious or invasive species, as designated or defined by
State or Federal law; are subject to the threat of conversion to non-grassland
uses or fragmentation; and the land is:
(1)(i) rangeland, pastureland, or shrubland on which the vegetation is dominated by
native grasses, grass-like plants, shrubs, or forbs, or
(ii) Improved, naturalized pastureland and rangeland; and
(2) (i)Provides, or could provide, habitat for threatened or endangered species or atrisk species,
(ii) Protects sensitive or declining native prairie or grassland types, or
(iii) Provides protection of highly sensitive natural resources
Slide 26
New Enrollment Guidance
ACEP Eligibility Requirements: Land Eligibility
• Lands Ineligible for ACEP include:
– All lands ineligible under existing FRPP, GRP, and WRP regulation
and policy, and those specifically identified in the ACEP statute:
– Lands owned by the United States, other than land held in trust for
Indian Tribes
– Land owned by a State or local government
– Land subject to an easement or deed restriction which, as determined
by NRCS, provides similar protection as would be provided by
enrollment in ACEP
– Land where the purposes of the program would be undermined due
to onsite or offsite conditions such as risk of hazardous substances,
proposed or existing rights of way, infrastructure development, or
Slide 27
adjacent land uses.
New Enrollment Guidance
ACEP Eligibility Requirements: Land Eligibility
• Lands Ineligible for ACEP include:
– Lands without sufficient legal access to the entire
easement area are NOT ELIGIBLE
• Sufficient legal access for ACEP = Insurable, unconditional
and transferable legal right of recorded access for the duration
of the easement
• Sufficient alternative legal access that are adjacent to federal
lands as determined by the State Conservationist
– It is the LANDOWNER’s responsibility to provide NRCS
with sufficient legal access
Slide 28
New Enrollment Guidance
ACEP-WRE Eligibility Requirements: Land Eligibility
• Existing WRP land eligibility policy ACEP exceptions:
2. 2014 Act modified county cropland acreage limitations for
lands enrolled under ACEP-WRE:
• Not more than 25 percent of cropland in any county can be enrolled
in CRP and ACEP-WRE, including existing WRP easement
enrollments;
• Not more than 10 percent of the cropland in a county may be subject
to an ACEP-WRE, including existing WRP easements;
• Above limits do not apply to cropland designated with subclass w in
land capability classes IV through VIII because of severe use
limitations due to soil saturation or inundation
Slide 29
New Enrollment Guidance
ACEP Ranking in FY 2015
• All eligible applications received by May 8, 2015 (WRE) May
15, 2015 (ALE) or earlier State cutoff date must be ranked by
June 12, 2015
• For FY 2015, National Ranking Template exhibit
• Oregon draft version - final version coming soon!
Slide 30
ACEP-WRE Easement Compensation
• ACEP-WRE has same easement valuation
methodologies as WRP
– Geographic Area Rate Caps pending final approval at
NHQ
– Update Appraisal specifications on Oregon NRCS
ACEP web page
– WRE Appraisal for FMV
– GARC applied to FMV as determined by appraisal
– Example: WRE compensation is 85% of FMV, if GARC
is 85%
Slide 31
ACEP-ALE Easement Compensation
• ACEP-ALE has different easement valuation methodologies
than FRPP or GRP
– 2014 Act authorizes Fair Market Value of the Agricultural
Land Easement to be determined by:
• USPAP or UASFLA appraisal methodologies,
• Area-wide Market Analysis or Survey, or
• Other Industry-Approved Method
– Entity may request to use Area-wide Market Analysis or survey or
other industry-approved method.
– State Conservationist must approve methodology prior to entering
into Cooperative Agreement
Slide 32
ACEP-ALE Easement Compensation
• Updated ACEP-ALE appraisal specifications are provided
on the Oregon NRCS ACEP webpage and must be
attached to any funded FY 2014 ACEP-ALE Cooperative
Agreements
– Appraisal is valid either if value dated within 6 months of the
parcel being attached to the executed Cooperative Agreement or
– Value dated within 12 months of closing
Slide 33
ACEP-ALE Easement Compensation
Appraisal Reviews
• Cooperating Entity must provide a copy of the appraisal to NRCS at
least 90 days prior to closing.
• NRCS will then obtain a technical review of the appraisal from a third
party.
• Appraisals that indicate an easement valuation greater than $1M
must be reviewed by the NRCS National Appraiser.
• Cooperating Entities may not close the easement purchase or remit
payment to the Landowner prior to NRCS approval of the appraisal.
Slide 34
ACEP-ALE Easement Compensation
• Area-Wide Market Analysis
– Must be approved by State Conservationist and Nation Headquarters prior to
signing the Cooperative Agreement.
– Must be conducted in accordance with NRCS specifications.
• Other Industry-Approved Methods of Valuation
– Must be approved by the State Conservationist and the Chief of NRCS prior to
signing the Cooperative Agreement.
– Entity request must include the industry-approved method being proposed and
references to the applicable industry standards.
– NRCS may make approval contingent on additional standards.
Slide 35
ACEP-ALE Match Requirements and Waiver Process
• ACEP-ALE Federal cost-share and eligible entity match
requirements
– Federal share provided by NRCS will not exceed 50 percent of the fair
market value of the agricultural land easement
– Eligible Entity must provide a share at least equivalent to the NRCS
share
• Eligible Entity must contribute cash equal to at least 50 percent of the
Federal Share.
• The remaining entity contribution can be a qualified contribution from
the landowner.
Slide 36
ACEP-ALE Match Requirements and Waiver Process
• 2014 Act provides two exceptions to standard ACEP-ALE
match requirements:
1.
ACEP-ALE Grasslands of Special Significance
•
NRCS may provide a waiver to increase the Federal share up to
75% of the fair market value of the agricultural land easement.
2. ACEP-ALE Projects of Special Significance
•
NRCS may waive a portion of the eligible entity’s cash contribution
requirement, if:
– There is a voluntary, equivalent increase in the private
landowner donation.
– The land is in active agricultural production.
– Eligible Entity contributes cash equal to at least 25 percent of
the Federal share.
Slide 37
•
NO increase in the Federal share provided by NRCS
ACEP-ALE Eligible Entity Cash Contribution Waiver
•
•
ACEP-ALE match waiver guidance
For ACEP-ALE Projects of Special Significance the Eligible
Entity Cash Contribution requirement can be reduced from ‘at
least 50 percent of the NRCS share’ to either:
–
–
25% of the NRCS share
8.33% of the NRCS share if a GSS waiver is also obtained
(either scenario requires voluntary, equivalent increase in landowner donation)
•
Waiver requests and all supporting documentation must be:
–
–
–
Submitted by the entity in writing,
One waiver request per parcel, and
Submitted by June 26 to allow time for review and determination prior
Slide 38
to August 10, 2015
ACEP-ALE Eligible Entity Cash Contribution Waiver
•
•
•
•
•
Must use the ‘ACEP-ALE Eligible Entity Cash
Contribution Requirement Waiver Worksheet’
State Conservationist has authority to approve or deny
State Conservationist are not required to review entity
cash contribution waiver requests for applications that
are not eligible or selected for funding
State Conservationist provides written notification of
decision
Further training on worksheet coming…
Slide 39
ACEP-ALE Eligible Entity Cash Contribution Waiver
• 2014 Act specifically prohibits ‘bidding down;’ under
ACEP-ALE
– If two or more applications are comparable in achieving the
purpose of the program, NRCS shall not assign a higher
priority to any of those applications solely on the basis of
lesser cost to the program.
• A waiver of the entity cash contribution requirement
has no impact on the ranking or prioritization of
parcels;
– Eligibility determinations and ranking should be completed
Slide 40
prior to review of waiver requests.
ACEP-ALE Match Requirements and Waiver Process
1. Regular ACEP-ALE
Entity Cash ≥ 50% of
NRCS Share
Entity Share ≥ 100% of
NRCS Share
100% Fair Market Value of
ALE
NRCS Share ≤ 50% of
FMV
Entity Cash ≥ 16.67% of
NRCS Share
2. ACEP-ALE-GSS
with waiver
Qualified Landowner
Contribution = Remainder
of Entity Share
Entity Share ≥ 33.33% of
NRCS Share
100% Fair Market Value of
ALE
NRCS Share ≤ 75% of
FMV
Qualified Landowner
Contribution = Remainder
of Entity Share
Slide 41
ACEP-ALE Match Requirements and Waiver Process
Entity Cash ≥ 25% of
NRCS Share
3. Regular ACEP-ALE –
Waiver for Projects of
Special Significance
Entity Share ≥ NRCS
Share
100% Fair Market Value
of ALE
NRCS Share ≤ 50% of
FMV
4. ACEP-ALE GSS–
With GSS waiver and
waiver for projects of
special significance
Voluntary, Qualified
Landowner Contribution =
Remainder of Entity Share
Entity Cash ≥ 8.33% of
NRCS Share
Entity Share ≥ 33.33% of
NRCS Share
100% Fair Market Value
of ALE
NRCS Share ≤ 75% of
FMV
Voluntary, Qualified
Landowner Contribution =
Remainder of Entity Share
Slide 42
New Enrollment Guidance
ACEP-ALE Cooperative Agreement and Deed Requirements
• States and Eligible Entities must use the FY 2015
Cooperative Agreements and Deed Addendums
provided on the Oregon NRCS ACEP webpage
• FY 2015 ACEP-ALE Cooperative Agreements and Deed
Addendums are provided for the following scenarios:
– General ACEP-ALE
– ACEP-ALE-GSS
• A General ACEP-ALE agreement cannot included any
ACEP-ALE-GSS parcels and vice versa
Slide 43
New Enrollment Guidance
ACEP-ALE Cooperative Agreement and Deed Requirements
• Entities are required to use the FY 2015 Cooperative
Agreement templates provided
• The Cooperative Agreement includes a deed addendum
that contains the required deed terms
– Cooperative Agreements will be reviewed by NHQ prior to obligation
– Individual ACEP-ALE deeds will not be reviewed in FY 2015 prior to
obligation as entities must agree to use the required deed terms
– Individual ACEP-ALE deeds must be reviewed prior to closing
Slide 44
ACEP-ALE Minimum Deed Terms and Deed Reviews
• Noncertified eligible entities may use their own deed terms and have 3
options for incorporating the ALE minimum deed terms:
– Option 1 – Attach: Entity attaches the ALE minimum deed terms
verbatim as an addendum to the entity’s easement deed.
• Requires only State-level verification that addendum is unchanged, executed and
attached
– Option 2 - Incorporate: Entity uses its own tailored deed language for
each transaction and incorporates the ALE minimum deed terms into
the body of the deed.
• Requires National-level review and approval of individual deeds.
– Option 3 - Template: Entity uses approved template language that
incorporates the ALE minimum deed terms for every transaction on a
single Cooperative Agreement.
• Requires National-level review and approval of the template, and
• Then only State-level review of the individual transactions that use the approved
template.
Slide 45
New Enrollment Guidance
ACEP-ALE Minimum Deed Terms and Approvals
• Use of the ALE Minimum Deed Terms is required for all noncertified
eligible entities that enter into an ACEP-ALE Cooperative Agreement
– Certified entities have the option to use the ALE Minimum Deed Terms
addendum
– Certified entities must address all ALE minimum deed requirements identified
in the ACEP regulation
• NRCS will not sign the conservation easement deed itself or any recorded
acceptance of the deed for either noncertified or certified entities
• NRCS will provide an ‘NRCS Approval Letter for a Noncertified Eligible
Entity to Proceed with the ACEP-ALE Acquisition’
– This is for noncertified eligible entities only
– Certified entities will proceed without NRCS signatures or approvals pursuant
to the terms of the Grant Agreement
Slide 46
New Enrollment Guidance
• FY 2015 ACEP Guidance
• Grant Agreement for Certified Eligible Entities is an exhibit to the
ACEP manual because it does not change annually
• One version for General ACEP-ALE parcels
• One version for ACEP-ALE-GSS parcels
• EPD will be providing specific training on Entity
Certification
•
Entity requests for certification in FY 2015 may not be
completed in time for execution of a Grant Agreement in FY 15
Slide 47
New Enrollment Guidance
ACEP-ALE Entity Certification
• NRCS will use the Grant Agreement with Certified Entities
– Certified entities will use their own deed terms and conditions in
accordance with ACEP regulation and Grant Agreement requirements
– Certified entities will acquire and close on easement without NRCS
review prior to closing and payment
• NRCS will not review appraisals, deeds, or title prior to closing
• NRCS may review agricultural land easement plans prior to closing
– Allows more entity independence and streamlines the acquisition process
– Payment based on a certification by the certified entity that all
requirements have been met
– NRCS will conduct post-acquisition quality assurance reviews on a
percentage of closed and monitored easements and require remediation if
issues identified
• Remediation can include loss of certified status and reclamation of Federal funds.
Slide 48
New Enrollment Guidance
ACEP-ALE Required Easement Plans
• 2014 Act introduced a new requirement that ALL
ACEP-ALE easements be subject to an:
– “Agricultural Land Easement Plan”
• In addition, Component Plans are required if the
parcel includes grassland, forest land, or HEL
– Grasslands require a Grassland Management Plan
– Forest lands require a Forest Management Plan
– HEL requires a Conservation Plan
• And where appropriate will include conversion of highly
Slide 49
erodible cropland to less intensive uses.
New Enrollment Guidance
ACEP-ALE Required Easement Plans
• Agricultural Land Easement Plan, is the overarching easement
plan that must:
– Include conservation practices that address the resource
concerns for which the parcel was selected
– Describe activities that promote long-term viability of the land to
meet easement purposes
• Including a Farm or Ranch Succession Plan
– Describe the farm management system, including baseline
information
– Identify specific criteria associated with permissible and prohibited
activities in the deed
– Include any required component plans
Slide 50
New Enrollment Guidance
ACEP-ALE Required Easement Plans
• The eligible entity is responsible to provide an
Agricultural Land Easement Plan for NRCS review
and approval prior to closing the ALE
• The eligible entity can select who will develop the
plan, either:
– NRCS
– Eligible entity themselves
– A third party
• NRCS cannot provide funds to an eligible entity orSlidethird
51
party to develop an Agricultural Land Easement Plan
New Enrollment Guidance
ACEP-ALE Required Easement Plans
• ACEP-ALE Cooperative Agreement allows entity to
identify who will develop the plan – NRCS or other
– Allows NRCS to schedule planning workload accordingly
– Allows NRCS to work with entity to ensure plans not
developed by NRCS are submitted with enough time to allow
States to complete review of plans prior to closing
• All Agricultural Land Easement Plans and
Component Plans must be reviewed and approved
by NRCS prior to closing and must be signed by
the landowner
Slide 52
New Enrollment Guidance
ACEP-WRE Required Easement Plans
• All ACEP-WRE enrollments must have a Wetland
Reserve Easement Plan of Operations (WRPO)
– Similar to existing WRP regulations and policy
• All ACEP-WRE enrollments must have a
preliminary WRPO including preliminary cost
estimates completed prior to the STC signing the
Agreement to Purchase or AECLU
Slide 53
New Enrollment Guidance
Recommendations for Funding
• If conclusive entity, landowner, and land eligibility determinations cannot be
made, applications must be deferred. Deferral situations may include, but
are not limited to:
– Complete application or waiver materials not received by deadlines
– Inability to make conclusive eligibility determinations, for example:
•
•
•
•
•
•
•
Cannot determine sufficiency of legal access
Potential Hazardous Substance or other on or offsite issues
Potential title clearance or unacceptable encumbrances issues
Requests to make changes to required agreement, deed or contract language
Insufficient funds
Requests to use alternative valuation methodologies
Low ranking or priority
– If a conclusive determination of ineligibility is made, applicants will be
notified of ineligibility
Slide 54
New Enrollment Guidance
ACEP FY 2015 Allocations and Authorities
• FY 2015 ACEP FA will be allocated in mid-April based on
applications in NEST
– FY 2015 ACEP funds will be allocated as either, ACEP-ALE, ACEP-ALEGSS, ACEP-WRE
• Once all apportionments are allocated, States will have
both FY 2015 ACEP funds and prior-year FRPP, GRP,
and WRP funds available for obligation
– FY 2015 funds must be obligated prior to the end of the
fiscal year (both CY ACEP and PY FRPP, GRP, and WRP)
– Funds not obligated will be swept by National Headquarters
(NHQ) at the end of the fiscal year
•
Slide 55
New Enrollment Guidance
• In the case of conflict between these slides and the
440-528-M Agricultural Conservation Easement
Program (ACEP manual), the ACEP manual
prevails.
• Stay tuned for more webinar’s and specific trainings
Slide 56
FY 2015 ACEP Rollout
ACEP Training – Tentative Schedule
•
April – 2nd week
•
Transition to ACEP Webinar
•
•
•
•
High-level review of statutory, regulatory, and policy changes
Prerecorded for NRCS staff and External partners
ACEP Opportunities for Tribes
•
Series of live netmeetings hosted by Tribes
April – 4th week
•
Specific topic webinars made available
•
•
Introduction to ALE – NRCS staff and partners, pre-recorded
ALE Entity Certification – NRCS staff and partners, pre-recorded
Slide 57
ACEP
• Questions?
• Loren F. Unruh, Leader for Programs
• Loren.unruh@or.usda.gov
• Bari Williams, Easement Program Specialist
• bari.Williams@or.usda.gov
Slide 58
The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of
race, color, national origin, age, disability, and where applicable,
sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal,
or because all or a part of an individual's income is derived from
any public assistance program. (Not all prohibited bases apply
to all programs.) Persons with disabilities who require alternative
means for communication of program information (Braille, large
print, audiotape, etc.) should contact USDA's TARGET Center
at (202) 720-2600 (voice and TDD). To file a complaint of
discrimination write to USDA, Director, Office of Civil Rights,
1400 Independence Avenue, S.W., Washington, D.C. 202509410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD).
USDA is an equal opportunity provider and employer.
59