To purchase conservation easements or other interests on
lands to limit conversion to non-agricultural uses of farmland with prime,
unique, or other productive soils.
TYPES OF ASSISTANCE:
Direct Payments for Specified Use. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Funds are provided to establish partnerships with
States, Tribes, or local government entities to leverage their purchase of
development rights programs. Federal share for any easement acquisition is
limited to a maximum of 50 of the purchase price of the easement, not to
exceed the appraised fair market value of the easement. A conservation plan is
required for each easement acquired. Acquisition of an easement or other
interests on land is for a minimum duration of 30 years, preferably, in
perpetuity. A contingent remainder right is incorporated in the easement deed
for the protection of the Federal investment. A failure of title would require
the cooperating entity to reimburse the United States for the Federal share of
the easement value.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Any
local or State agency, county or groups of counties, municipality, town or
township, soil and water conservation district, or Indian tribe or tribal
organization, that has a farmland protection program that purchases
conservation easements for the purpose of protecting topsoil by limiting
conversion to non- agricultural uses of land, and that has pending offers may
apply for funds. This program is available in all 50 States, Puerto Rico, the
Virgin Islands, Guam, American Samoas, the Mariana Islands, and the Trust
Territories of the Pacific Islands. Individuals must apply through their local
agency that handles purchase of development rights programs. This program is
excluded from coverage under E.O. 12372.
Beneficiary Eligibility:
Any local or State agency, county or groups of counties, municipality, town or
township, soil and water conservation district or Indian tribe or tribal
organization may apply.
Credentials/Documentation:
Entities must provide documents indicating their commitment to long-term
conservation of agricultural lands through legal devices, such as
right-to-farm laws, agricultural districts, zoning, or land use planning; uses
of voluntary approach to protect farmland from conversion to non-agricultural
uses; and their capability to acquire, manage, and enforce rights or interests
on land. Programs must have a systematic plan for acquiring conservation
easements, have a proven commitment, and sufficient funds and staff to monitor
easement stewardship.
Pre-application Coordination:
Potential applicants must submit documents to the appropriate State Office of
the Natural Resources Conservation Service (NRCS) and work with NRCS to
develop a statewide priority list. This program is excluded from coverage
under E.O. 12372.
Application Procedure:
Application information is included in a Notice of Request for Proposals
published in the Federal Register. It is available from the State Offices of
the (NRCS), the Federal Register, and USDA NRCS home page, and the Farmland
Information Library homepage.
Award Procedure: NRCS State
Offices work with the applicant entities to review their programs, evaluate
the priority lists, and forward the proposals through the respective NRCS
Regional Office to the NRCS National Headquarters for national consideration.
Deadlines: Each year funds
are available the deadline for applying is published in the Federal Register.
Range of Approval/Disapproval Time:
Indicated on the Notice of Request for Proposals published in the Federal
Register.
Appeals: Not applicable.
Renewals: Not applicable.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Each cooperating agency is to fund its own participation for easement
acquisition. Non-Farmland Protection Program funds must be at least 50 of the
purchase price of the conservation easement, not to exceed the fair market
easement value. Each cooperating agency is to fund its own administrative
costs in acquiring easements, such as survey or title search, and costs
incurred in managing and enforcing the easements.
Length and Time Phasing of Assistance:
Federal funds must be disbursed within two years after signing the cooperative
agreement. Technical assistance to maintain the conservation plan, however, is
provided by NRCS through the life of the easement.
POST ASSISTANCE REQUIREMENTS:
Reports: Annual reports on the
status of the easements acquired will be prepared by NRCS. Reports on the
funds disbursing will be prepared by the Farm Service Agency.
Audits: An audit may be
made in accordance with the Office of Management and Budget (OMB) Circular No.
A-102 Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and local governments and other related Circulars.
Records: Records of
easements acquired will be maintained for the life of the easements by the
cooperating entity.
In fiscal year 2001, USDA has entered into cooperative
agreements with over 52 entities to protect over 34,000 acres of prime,
unique, and important farmland.
REGULATIONS, GUIDELINES, AND LITERATURE:
Notice of Request for Proposals, Federal Register,
Volume 66, No. 14, pp. 6566-6570, January 22, 2001.
INFORMATION CONTACTS:
Regional or Local Office: For
a list of NRCS State Offices with telephone numbers and addresses, see
Appendix IV of the Catalog.
Headquarters Office:
Farmland Protection and Community Planning Staff, Natural Resources
Conservation Service, U. S. Department of Agriculture, P. O. Box 2890,
Washington, D. C. 20013. Telephone: (202) 720-9476, fax: (202) 720-0745.
Web Site Address: http://www.nrcs.usda.gov
EXAMPLES OF FUNDED PROJECTS:
1) California Department of Conservation's Agricultural
Land Stewardship Program; 2) Florida St. Johns River Water Management
District's Georgia-Pacific Project; 3) Massachusetts Department of Food and
Agriculture's Agricultural Preservation Restriction Program; 4) Rhode Island
Department of Environmental Management's Farmland Purchase of Development
Rights Program; 5) Vermont Housing and Conservation Board's Farmland
Conservation Easement Program. The Farmland Protection Program provides an
opportunity to expand the Federal partnerships with States, Tribes, and local
government entities to preserve farmland for future generations; to protect
strategic farmland from urbanization; maintain, restore, and enhance ecosystem
function; protect historic landscapes, scenic beauty, and open space; and
sustain rural economic stability.
CRITERIA FOR SELECTING PROPOSALS:
Criteria used for selecting proposals are: The type and
terms of easements, the use by a cooperating entity of a land evaluation and
site assessment system to evaluate applications for their program, a
programmatic process for systematic easement acquisition, evidence of a
successful program, and the magnitude of the resources protected.
