NRCS Programs and Appeals

1. NRCS Programs and Appeals Determinations, Decisions, and Program Administration

2. Overview of NRCS Programs • NRCS administers 17 conservation programs: • 5 easement acquisition programs • 7 cost-share programs • 2 technical assistance only • 4 legacy programs • 8 are authorized under Title XII of the Food Security Act of 1985, as amended • 9 are authorized under non-Title XII authorities

3. NRCS Cost-share Programs • Agriculture Management Assistance (AMA) • Conservation Security Program (CSP) • Emergency Watershed Program – Recovery (EWP) • Environmental Quality Incentives Program (EQIP) • Resource Conservation & Development (RC&D) • Watershed Protection & Flood Prevention Program (WPFPP or PL-566) • Wildlife Habitat Incentives Program (WHIP)

4. NRCS Easement Programs • Emergency Watershed Program (Floodplain Easements) • Farm and Ranch Lands Protection Program (FRPP) • Grassland Reserve Program (GRP) • Healthy Forest Reserve Program (HFRP) • Wetlands Reserve Program (WRP)

5. NRCS Legacy Programs • Forestry Incentives Program (FIP) • Colorado River Basin Salinity Control (CRSCP) • Great Plains Conservation Program (GPCP) • Soil & Water Conservation Assistance (SWCA) The statutory and funding authority for these programs will expire effective 2007.

6. Program Authorities • Title XII of the 1985 FSA as amended • CSP, EQIP, WHIP, FRPP, GRP, WRP, HELC, WC, CRP, ECP, • Risk Protection Act of 2000 – AMA, SWCA • Healthy Forests Restoration Act of 2003 – HFRP

7. Program Authorities • P.L. 81-516, § 216, (33 U.S.C. 701b1); and P.L. 95-334, §§ 403-405, (16 U.S.C. 2203-2205) – EWP Recovery & EWP Floodplain Easements • P.L. 83-566, Watershed Protection & Flood Protection Act – WPFPP

8. Program Authorities • Public Law 97-98, The Agriculture and Food Act of 1981, §§ 1528-1538; amended by Public Law 104-127, § 383; and Public Law 107-171, §§ 1528-1537 – RC&D

9. Program Authorities • P.L. 93-320, §201; P.L. 98-569 – CRSCP • 16 U.S.C. 590p(b) – GPCP • Cooperative Forestry Assistance Act of 1978, 16 U.S.C. 2103 -- FIP

10. Programs Where NRCS Issues Technical Determinations Only • Conservation Reserve Program (CRP) and Conservation Reserve Enhancement Program (CREP) • Emergency Conservation Program] • Highly Erodible Land Conservation Compliance (HELC) • Wetland Conservation Compliance (WC)

11. Decisions and Determinations

12. Specific Program Discussion Conservation Security Program (CSP) – FY2006 7 CFR 1469 (March 25, 2005) and 71 FR 6250 (Feb. 7, 2006) Purpose: Reward existing conservation stewardship performance by farmers and ranchers

13. Specific Program Discussion Minimum Eligibility Requirements: • Applicant Eligibility • Land Eligibility • Conservation Standard Eligibility

14. Specific Program Discussion • Three Payment Tiers (I, II, and III) – • Established through evaluation of the benchmark conditions as submitted by the participant in the Self Assessment Workbook • Based on the agricultural operation defined by the participant

15. Specific Program Discussion • Five Enrollment Categories (A-E) • Determines the priority for funding in alphabetical order of categories • Based on achievement of conservation system criteria included in the program signup announcement • Criteria must have been installed and maintained 2 years prior to signup period

16. Specific Program Discussion • Ten Sub Enrollment Categories (1-10) • Used to further prioritize funding selections within an enrollment category • Determines the priority of funding in order 1 to 10 within a specific enrollment category • Contracts for 5-10 years • $450,000/contract payment limitation • No more than 1 contract per applicant

17. Specific Program Discussion Environmental Quality Incentives Program (EQIP) – FY2006 7 CFR 1466, May 30, 2003 Purpose: Provide financial, technical and educational assistance to farmers and ranchers to address soil, water, air, and related natural resource concerns

18. Specific Program Discussion • Eligibility Requirements • Person Eligibility • Land Eligibility • Prioritized by Ranking and Scoring Criteria established at a National and State level • Contracts for 5-10 years • $450,000/contract payment limitation

19. Specific Program Discussion Wildlife Habitat Incentives Program (WHIP) 7 CFR 636, July 24, 2002 Purpose: Help participants develop habitat for upland and wetland wildlife species and threatened and endangered species, fish and other types of wildlife.

20. Specific Program Discussion • Eligibility Requirements • Person Eligibility • Land Eligibility • Prioritized by Ranking and Scoring Criteria established at a National and State level • Contracts for 5-15 years • State established contract payment limitation

21. Specific Program Discussion Agriculture Management Assistance (AMA) 7 CFR 1465, April 9, 2003 Purpose: Provide financial assistance to producers in 15 statutorily designated states to construct or improve water management or irrigation structures; to plant trees for windbreaks or improve water quality; and mitigate risk.

22. Specific Program Discussion • Eligibility Requirements • Applicable in: CT, DE, MD, MA, ME, NV, NH, NJ, NY, PA, RI, UT, VT, WV, WY • Person Eligibility • Land Eligibility • Prioritized by Ranking and Scoring Criteria established at a National and State level • Contracts for 3 - 10 years • $50,000 FY payment limitation

23. Specific Program Discussion Resource Conservation & Development (RC&D) • Measure Plans between Sponsoring Organizations and the RC&D Council • May be funded, in part, with federal financial assistance, or totally by non-federal grants

24. Specific Program Discussion Watershed Protection & Flood Prevention (WPFPP) • Consists of floodwater retarding/sediment retention structures, channel improvement with a local sponsoring organization • Can have a land treatment component with individual landowners, either alone or in conjunction with other flood protection components • Federal financial and technical assistance and landowner cost-share assistance in contracts

25. Specific Program Discussion Emergency Watershed Protection (EWP) 7 CFR 624 • Includes recovery of sudden impairment to a watershed from a natural disaster. • Recovery measures provided through sponsoring organizations • Floodplain easements acquired from private landowners.

26. Specific Program Discussion – Easement Programs • Includes: • Farm & Ranch Lands Protection Program (FRPP) 7 CFR 1491; protection of prime, unique, and statewide important lands from conversion from agriculture • Grassland Reserve Program (GRP) 7 CFR 1415; protection, conservation, and restoration of grassland resources on private lands

27. Specific Program Discussion – Easement Programs • Healthy Forest Reserve Program (HFRP) 16 U.S.C. 6571; restoring and enhancing forest ecosystems to: 1) promote the recovery of threatened and endangered species, 2) improve biodiversity; and 3) enhance carbon sequestration • Wetlands Reserve Program (WRP) 7 CFR 1467; through permanent or 30-year easements or restoration agreements, restore, protect, enhance, maintain, and manage wetland functions and values.

28. NRCS Technical Assistance • NRCS provides USDA’s resource conservation technical assistance to the Farm Service Agency (FSA) for the following programs: • Conservation Reserve Program (CRP/CREP) 7 CFR 1410; specifically the continuous signup portion of CRP and CREP. This entails technical determinations relative to land eligibility and conservation planning and implementation for the establishment period only

29. NRCS Technical Assistance • Emergency Conservation Program (ECP) 7 CFR 701; – like the NRCS EWP only with private landowners who have suffered natural resource degradation due to declared natural disasters such as drought, flooding, hurricanes, tornados, etc.

30. NRCS Technical Assistance • NRCS shares administration of the Highly Erodible Land and Wetland Conservation Provisions (HELC/WC--7 CFR 12) with FSA. • Compliance with these provisions is a condition of eligibility for all programs authorized under Title XII of the Food Security Act of 1985, as amended • NRCS is responsible for making technical determinations as follows:

31. NRCS Technical Assistance • Highly Erodible Land – 7 CFR 12, Subpart B and 7 CFR 610, Subpart B • Highly Erodible Land Determinations • Compliance/Violation of the HELC provisions • Recommendations of Good Faith to FSA • Issues Variances from the provisions when specific circumstances have been met • Conservation Planning and Implementation • Whether the soil protection requirements have been met

32. NRCS Technical Assistance • Wetland Conservation – 7 CFR 12, Subpart C • Certified Wetland Determinations • Scope and Effect Determinations • Wetland Functions and Values Assessment • Development of Wetland Mitigation and/or Wetland Restoration Plans • Categorical Minimal Effect and Minimal Effect Determinations • Wetland Violations • Wetland Good Faith Recommendations to FSA

33. NRCS Appeals when FSA has statutory initial Jurisdiction • NRCS Final Technical Determinations are appealable to the FSA County Committee, unless and “until such time as the participant elects to appeal to NAD” (7 U.S.C. 6932(d) and 7 CFR 780.11(a); and 7 CFR 614.104).

34. NRCS Appeals when FSA has statutory initial Jurisdiction • FSA, when finding merit in a participant’s appeal of an NRCS technical determination must request review of the determination by the State Conservationist (7 U.S.C. 6932(d)(2)(A) and 7 CFR 780.11; and 7 CFR 614.104(c)).

35. NRCS Appeals when FSA has statutory initial Jurisdiction • FSA, upon issuing a decision on the NRCS final technical determination, will become the decisionmaker of record for any further appeal to the National Appeals Division (NAD).