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USDA, FARM AND RANCH LANDS PROTECTION PROGRAM

USDA, FARM AND RANCH LANDS PROTECTION PROGRAM. Bob Glennon, Manager P.O. Box 2890 Washington, DC 20013 202-720-9476 Robert.Glennon@wdc.usda.gov www.nrcs.usda.gov/programs/frpp. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM. Purposes

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USDA, FARM AND RANCH LANDS PROTECTION PROGRAM

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  1. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Bob Glennon, Manager P.O. Box 2890 Washington, DC 20013 202-720-9476 Robert.Glennon@wdc.usda.gov www.nrcs.usda.gov/programs/frpp

  2. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Purposes Protect the most productive soil from non-agricultural use. Insure the viability of the local agricultural industry. Conserve natural resources.

  3. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Funding Annual Allocation Made to Each State NRCS Office to Purchase Easements. Cooperating Entities Must Provide at Least 50% Funding and Administrative Costs; Landowner Donations May Count for 25% in Typical Arrangement. NRCS Provides No More Than 50% Funding for Easement Cost Only.

  4. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Cooperating Entities State Governments. Tribal Governments. Local Governments. Non-Governmental Organizations.

  5. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Cooperating Entity Eligibility Has an Established Farmland Protection Program. Has Demonstrated a Commitment to Long Term Conservation of Agricultural Lands. Has Authority and Capability to Acquire, Hold, Manage and Enforce Easements. Has a Voluntary Easement Purchase Device to Protect Farmland.

  6. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Cooperating Entity Eligibility 5. Has Title Appraisal Policies or Standards. 6. Has the Staff Capacity to Manage, Monitor, and Enforce Conservation Easements. 7. Has Sufficient Funds Available for Easement Acquisition. 8. Has a Pending Offer.

  7. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Land Eligibility Has 50% Prime, Unique, and Important Farmland Soils OR Contain Historic or Archeological Resources. Has No More than 2/3 Forest. Has Access to Markets. Faces Development Pressure.

  8. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Process NRCS Develops State FRPP Plan with NRCS State Technical Committee. NRCS Releases a Request for Proposals. Cooperating Entities Submit Proposals. NRCS Ranks Proposals. NRCS Develops Cooperative Agreements for the Highest Ranking Proposals for Which There is Funding.

  9. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Process 6. Cooperating Entities Order Survey, Appraisal, and Title Search. NRCS Reviews Appraisals. Office of General Counsel Reviews Title Policy. 9. NRCS Inspects Property. Office of General Counsel Reviews Conservation Easement Deed.

  10. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Process 11. NRCS Accepts Property. 12. Cooperating Entity Closes on Property. 13. NRCS Reimburses Cooperating Entity for Federal Share of the Cost of the Easement. 14. Cooperating Entity Monitors Property, Sends Annual Monitoring Reports to NRCS.

  11. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Reasons for 2006 Amendments to FRPP Rules Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970. 2. Department of Justice Title Standards. .

  12. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM 2006 Amendments to FRPP Rules 1. New Appraisal Standards. 2. New Appraiser Standards. 3. U.S. Government on the Deed. 4. ‘Contingent Rights’ to ‘U.S. Rights’. 5. OGC Title Review.

  13. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM 2006 Amendments to FRPP Rules 6. New Definition of Fair Market Value. 7. New Land Eligibility for Forest Land. 8. Impervious Surface Limitation of 2% and Waiver Policy to 6%. 9. Indemnification Requirement. 10. Deed Enforcement Process.

  14. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Accomplishments FRPP has protected more than 475,000 acres since 1996. 97% of the Land in FRPP is Still in Agriculture (University of Nebraska Study).

  15. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Accomplishments FRPP survey respondents had adequate access to: Fertilizer Dealers – 91% Pesticide Dealers – 89% Farm Implement Dealers – 86% Markets – 85% Veterinarians – 83% Agricultural Labor – 52%

  16. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Accomplishments 22% of FRPP participants market products locally: 15% market products at farm stands. 11% market products at local stores. 6% market products at farmer’s markets. 5% of farmers nationwide market locally.

  17. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Challenges Only 38% of FRPP participants reported annual inspections. 27% of FRPP participants reported no inspections. Closing Times Increasing: 10 months in 2004 to 17 months in 2006

  18. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Persistent Issues Need for Baseline Documentation Report and Reference to the Report in the Conservation Easement Deed Need for Documentation of Historic and Archeological Resources and Reference to the Documentation in the Conservation Easement Deed

  19. USDA, FARM AND RANCH LANDS PROTECTION PROGRAM Persistent Issues Proactive Communication with Entities and Landowners Early in the acquisition Process on: Building Envelopes Additional Residential Construction Impervious Surface Requirements Subdivision Mineral Rights

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