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NRCS Programs and Appeals. Determinations, Decisions, and Program Administration. Overview of NRCS Programs. NRCS administers 17 conservation programs: 5 easement acquisition programs 7 cost-share programs 2 technical assistance only 4 legacy programs
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NRCS Programs and Appeals Determinations, Decisions, and Program Administration
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
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)
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)
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.
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
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
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
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
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)
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
Specific Program Discussion Minimum Eligibility Requirements: • Applicant Eligibility • Land Eligibility • Conservation Standard Eligibility
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
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
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
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
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
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.
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
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.
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
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
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
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.
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
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.
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
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.
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:
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
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
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).
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)).
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).