Protecting Working Lands: Through USDA Conservation Programs

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Protecting Working LandsThrough USDA
Conservation Programs

• Denise Coleman
• National Farm and Ranch Lands Protection Program
  Manager
• USDA, Natural Resources Conservation Service

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2002 Farm Bill Changing the Focus
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Conservation Programs

• Easement Programs
• Cost-Share Programs
• Stewardship Program

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Easement Programs for Working Lands

• Farm and Ranch Lands Protection Program (FRPP)
• Grassland Reserve Program (GRP)

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Grassland Reserve Program

• Establishes a reserve of restored, improved or
  natural grasslands, rangeland and pastureland
  while allowing lands to be grazed
• Program capped at 2 million acres
• Not less than 40 contiguous acres of land
• Provides for 10, 15, 20, and 30 year rental
  agreements, as well as, 30 year and permanent
  easements

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How GRP Works

• Continuous sign-up. Applications may be
  submitted to USDA Service Center for conservation
  easements or rental agreements at any time.
• Limit future use of the land while retaining the
  right to graze, produce hay, mow or harvest for
  seed production (subject to nesting season
  restrictions for certain bird species)
• Easements Held By the United States

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Eligible Lands

• Grassland or land that contains forbs or shrubs
• Land that is located in an area that historically
  has been dominated by grassland, forbs, and
  shrubs and has the potential to provide habitat
  for animal and plant populations of significant
  ecological value
• Incidental lands may also be enrolled and
• Lands owned by individuals who do not exceed 2.5
  million for the three tax years immediately
  preceding the year the contract is approved (an
  exemption is provided in cases where 75 of the
  AGI is derived from farming, ranching, or
  forestry operations).

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Enrollment Options

• Permanent Easement Based on the appraised fair
  market value, less the grazing value
• 30-year Easement Easement payment equal to 30
  of fair market value, less the grazing value
• Rental Agreement Annual payments not to exceed
  75 of the grazing value of the land for the life
  of the agreement.
• Restoration Agreement 90 cost share for lands
  that have never been cultivated 75 on restored
  grasslands (in-kind contributions allowed)

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Farm and Ranch Lands Protection Program

• The purpose of FRPP is to provide matching
  funds to State, Tribal and local governments and
  nongovernmental organizations to purchase
  permanent conservation easements for the purpose
  of protecting topsoil by limiting nonagricultural
  uses of the land.

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Eligible Lands

• Farms or ranches must be privately owned and
  contain
• at least 50 of prime, unique, or statewide or
  locally important soil, or
• a historical or archaeological resource on the
  State or National Register, or formally eligible
  for the National Register.
• Includes cropland, rangeland, grassland, and
  pasture land, as well as wetlands and incidental
  (less than 50 percent) forest land that are part
  of an agricultural operation.
• Eligible land must be owned by landowners who
  certify that they do not exceed the Adjusted
  Gross Income limitation eligibility requirements.
• Subject to a pending offer. Pending offer is
  defined as a willing seller and willing buyer,
  with cash or donations in hand at the time of
  application.

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How the Program Works

• NRCS uses a public notice process to request FRPP
  applications from eligible governmental entities
  and non-governmental organizations.
• During the application window, eligible entities
  submit parcels that they would like to protect.
• At the State level, NRCS funds applications that
  meet FRPP national and state criteria.
• 497 million authorized level

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Ineligible Lands

• Public Land, unless the acquisition is temporary
  and the land is transferred prior to easement
  closure.
• Land that is already subject to an easement or
  other deed restrictions that prevents its
  conversion to non-agricultural use.
• Land owned by a Trust, whose purpose is to
  protect historical or natural resources, such as
  open space, wildlife habitat, and cultural
  resources, unless the acquisition is temporary
  and the land is transferred prior to easement
  closure.
• Land owned or operated by a landowner not in
  compliance with highly erodible land or wetland
  compliance provisions.

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Applying for FRPP
1. State Office Develops State FRPP Plan 2.
Landowner Submit Applications to Participating
Entities 3. National Office Issues Request for
Proposal 4. Participating Entities Submit
Applications to NRCS State Office 5. State
Conservationist Determines Eligibility 6. State
Conservationist Rank Applications
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Submitting an ApplicationNecessary Information

• Organization and Program Information
• Demonstrated Commitment (years, staff capacity,
  funding)
• Demonstrated Capability to Hold and Manage
  Easements (easement acreage)
• Demonstrated Staff Capacity
• Demonstrated Availability of Funds
• Title and Appraisal Policy
• Pending Offers ( in hand)

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Submitting An Application

• Lands to Be Acquired
• Map of Proposed Parcels
• Amount and Source of Funding Available
• Acquisition Criteria
• Detailed Description of Parcels
• Map of Other Protected Parcels
• Estimated Easement Cost
• Current Appraisals (parcels receive higher
  ranking)

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Submitting An Application

• Lands to be Acquired Cont.
• Example of Proposed Easement Deed
• Indication of Accessibility to Markets
• Indication of Existing Agricultural
  Infrastructure
• Indication of Development Threat
• Other Assessment Factors
• Other Partners
• Any State Required Information

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Alabama Facts-2003

• FRPP-1.2 million to protect 622 acres on four
  farms
• GRP-nearly 1 million, approximately 300,000
  devoted to easement acquisition

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FRPP GRP Information

• FRPP website
• http//www.nrcs.usda.gov/programs/fpp/
• GRP website
• http//www.nrcs.usda.gov/programs/GRP/
• FRPP Manual website
• http//policy.nrcs.usda.gov/scripts/lpsiis.dll/M/M
  _440_519.htm