Commodity Credit Corporation, Department of Agriculture (USDA).
Notice of request for proposals.
Section 388 of the Federal Agriculture Improvement and Reform Act of 1996 established the Farmland Protection Program (FPP). The Secretary of Agriculture delegated the authority for FPP to the Chief of the Natural Resources Conservation Service (NRCS), who is a vice president of the Commodity Credit Corporation (CCC). Section 2503 of the Farm Security and Rural Investment Act of 2002 (Public Law 107–171) amended the Food Security Act of 1985 to include FPP, providing up to $50 million in financial and technical assistance for the purposes described in FPP. The CCC requests proposals from federally recognized Indian tribes, States, units of local government, and nongovernmental organizations to cooperate in the acquisition of conservation easements or other interests in farms and ranches. Eligible land includes farm and ranch land that has prime, unique, or other productive soil, or that contains historical or archaeological resources. These lands must also be subject to a pending offer from eligible entities for the purpose of protecting topsoil by limiting conversion of that land to nonagricultural uses.
Proposals must be received in the NRCS State Office by July 15, 2002.
Written proposals should be sent to the appropriate NRCS State Conservationist, Natural Resources Conservation Service, USDA. The telephone numbers and addresses of the NRCS State Conservationists are in the appendix of this notice.
Douglas J. Lawrence, NRCS; phone: (202) 720–1510; fax: (202) 720–0745; or e-mail:
Urban sprawl continues to threaten the Nation's farmland. Social and economic changes over the past three decades have influenced the rate at which land is converted to non-agricultural uses. Population growth, demographic changes, preferences for larger lots, expansion of transportation systems, and economic prosperity have contributed to increases in agricultural land conversion rates.
The amount of farmland lost to development is not the only significant concern. Another cause for concern is the quality and pattern of farmland being converted. In most States, prime farmland is being converted at two to four times the rate of other, less-productive agricultural land.
There continues to be an important national interest in the protection of farmland. Land use devoted to agriculture provides an important contribution to environmental quality, protection of the Nation's historical and archaeological resources, and scenic beauty.
Effective on the publication date of this notice, the CCC announces the availability of up to $50 million for FPP, until September 30, 2002. The CCC, acting through the applicable NRCS State Conservationist, must receive proposals for participation within 45 days of the date of this notice. State, tribal, and local government entities and nongovernmental organizations may apply.
Selection will be based on the criteria established in this notice and additional criteria developed by the applicable State Conservationist. Selected eligible entities may receive no more than 50 percent of the appraised fair market value for each conservation easement from FPP. A landowner donation of up to 25 percent of the appraised fair market value of the conservation easement or other interest in land may be considered part of the entity's matching offer. Where a landowner's donation is considered to be part of an entity's matching offer, the entity is required to match the landowner's donation with 25 percent of the appraised fair market value of the easement or 50 percent of the purchase price. Pending offers by an eligible entity must be for acquiring an easement for perpetuity except where State law prohibits a permanent easement.
For the purposes of this notice, the following definitions apply:
• Applies to highly erodible cropland;
• Describes the conservation system applicable to the highly erodible cropland and describes the decisions of the person with respect to location, land use, tillage systems, and conservation treatment measures and schedules; and
• Is approved by the local soil conservation district in consultation with the local communities established under section 8 (b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) and the Natural Resources Conservation Service (NRCS) for purposes of compliance with 7 CFR Part 12.
• Listed in the National Register of Historic Places established under the National Historic Preservation Act (NHPA), 16 U.S.C. 470,
• Formally determined eligible for listing in the National Register of Historic Places by the State Historic Preservation Officer (SHPO) or Tribal Historic Preservation Officer (THPO) and the Keeper of the National Register in accordance with Section 106 of the NHPA, or
• Formally listed in the State or Tribal Register of Historic Places of the SHPO that is designated under Section 101 (b)(1)(B) of the NHPA or the THPO that is designated under Section 101(d)(1)(C) of the NHPA.
• is organized for, and at all times since the formation of the organization, has been operated principally for one or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986;
• is an organization described in section 501(c)(3) of that Code that is exempt from taxation under 501(a) of that Code;
• is described in section 509(a)(2) of that Code; or
• is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509(a)(2) of that Code.
The CCC will accept proposals submitted to the NRCS State Offices from eligible entities, including federally recognized Indian tribes, States, units of local government, and nongovernmental organizations that have pending offers for acquiring conservation easements for the purposes of protecting topsoil by limiting nonagricultural use of the land and/or protecting historical and archaeological sites on farm and ranch lands. Reference information regarding the FPP can be found in the “Catalog of Federal Domestic Assistance #10.913.”
All proposals must be submitted to the appropriate NRCS State Conservationist within 45 days of the date of this notice. The NRCS State Conservationist may consult with the State Technical Committee (established pursuant to 16 U.S.C. 3861) to evaluate the merits of the proposals.
The NRCS State Conservationist will review and evaluate the proposals based on State, Tribal or local government or nongovernmental organization eligibility, land eligibility, and the extent to which the proposal adheres to the objectives outlined in the NRCS State FPP plan. Proposals must provide adequate proof of a pending offer for the subject land. Adequate proof includes a written bid, contract, commitment, or option extended to a landowner. Pending offers based upon appraisals completed and signed by State-certified or licensed appraisers shall receive higher priority for FPP funding. Proposals submitted directly to the NRCS National Office will not be accepted and will be returned to the submitting entity.
Funding awards to participants will be based on National and State criteria. FPP will be available in those States for which an NRCS State Office submits a State FPP Plan to the NRCS National Office. At a minimum, the State FPP Plan contains the following:
• Acreage of prime and important farmland estimated to be protected;
• Acreage of prime and important farmland lost;
• Number or acreage of historic and archaeological sites estimated to be protected on farm or ranch lands;
• Degree of development pressure;
• Degree of leveraging guaranteed by cooperating entities;
• History of cooperating entities' commitments to conservation planning and implementing conservation practices;”
• Participating entities' histories of acquiring, managing, holding, and enforcing easements (including annual farmland protection expenditures, accomplishments, and staff);
• Amount of FPP funding requested; and
• Participating entities' estimated unfunded backlog of conservation easements on prime, unique, and important farmland acres.
At the State level, each State Conservationist will develop a State FPP Plan to submit to NRCS National Office every three years. State allocations may be adjusted every three years based on new State FPP plan submissions. This State FPP Plan may be completed in consultation with the State Technical Committee. The State FPP Plan shall include ranking considerations used by the State, including the above-mentioned National criteria and other State ranking criteria. The following examples of State ranking criteria may be used to evaluate and rank specific parcels, including but not limited to proximity to protected clusters, viability of the agricultural operations, parcel size, type of land use, maximum cost expended per acre, degree of leveraging by the entity. State ranking criteria will be developed on a State-by-State basis and will be available to interested participating entities before proposal submission. Interested entities should contact the State Conservationist located in their State for a complete listing of applicable National and State ranking criteria.
The National Office will allocate funds to States based on the information provided in the State FPP Plan. Within 30 days after the Request for Proposals has closed, the NRCS State
The conveyance document (
To be eligible, a federally recognized Indian tribe, State, unit of local government, or nongovernmental organization must have a farmland protection program that purchases agricultural conservation easements for the purpose of protecting prime, unique, or other productive soil or historical and archaeological resources by limiting conversion of farm or ranch land to nonagricultural uses.
Proposals must contain the information set forth below in order to receive consideration for assistance:
1. Organization and programs: Eligible entities must describe their farmland protection program and their record of acquiring and holding permanent agricultural land protection easements or other interests. Information provided in the proposal should:
(a) Demonstrate a commitment to long-term conservation of agricultural lands through the use of voluntary easements or other interests in land that protect farmland from conversion to nonagricultural uses;
(b) Demonstrate the capability to acquire, manage, and enforce easements and other interests in land;
(c) Demonstrate the number and ability of staff that will be dedicated to monitoring easement stewardship;
(d) Demonstrate the availability of funds equal to at least 50 percent of the purchase of the conservation easement, not to exceed the appraised fair market value of the conservation easement, or when accompanied by a landowner donation, funds equal to or more than 25 percent of the appraised fair market value of the conservation easement; and
(e) Include pending offer(s). A pending offer is a written bid, contract, commitment, or option extended to a landowner by an eligible entity to acquire a conservation easement or other interest in land that limits nonagricultural uses of the land before the legal title to these rights has been conveyed. The primary purpose of the pending offers must be for protecting topsoil by limiting conversion to nonagricultural uses. Pending offers having appraisals completed and signed by State-certified appraisers will receive higher funding priority by the NRCS State Conservationist. Appraisals completed and signed by a State-certified or licensed appraiser must contain a disclosure statement by the appraiser. The disclosure statement should include as a minimum the following: The appraiser accepts full responsibility for the appraisal, the enclosed statements are true and unbiased, the value of the land is limited by stated assumptions only, the appraiser has no interest in the land, and the appraisal conforms to the Uniform Standards of Professional Appraisal Practice, the Uniform Appraisal Standards for Federal Land Acquisitions, or another land valuation system used by the State, where the land transaction will occur, in purchasing real estate.
2. Lands to be acquired: The proposal must describe the lands to be acquired with assistance from FPP. Specifically, the proposal must include the following:
(a) A map showing the proposed protected area(s);
(b) The amount and source of funds currently available for each easement (or other interest) to be acquired;
(c) The criteria used to set the acquisition priorities; and
(d) A detailed description of the land parcel(s), including—
(i) The priority of the offer;
(ii) The name(s) of the landowner(s);
(iii) The address and location map(s) of the parcel(s);
(iv) The size of the parcel, in acres;
(v) The acres of the prime, unique, or statewide and locally important soil in the parcels;
(vi) The number or acreage of historical or archaeological sites, if any, proposed to be protected, and a brief description of the sites' significance;
(vii) A map showing the location of other protected parcels in relation to the land parcels proposed to be protected;
(viii) Estimated cost of the easement(s): The consideration to be paid to any landowners for the conveyance of any lands or interests in lands cannot be more than the fair market value of the land or interests conveyed, as determined by an appraiser licensed in the State.
(ix) An example of the cooperating entity's proposed easement deed used to prevent agricultural land conversion;
(x) Indication of the accessibility to markets;
(xi) Indication of an existing agricultural infrastructure, on- and off-farm, and other support system(s);
(xii) Statement regarding the level of threat from urban development;
(xiii) Other factors from an evaluation and assessment system used to set priorities. If the eligible entity used the LESA system or a similar land evaluation system as its tool, include the score(s) for the land parcels slated for acquisition;
(xiv) Other partners involved in acquisition of the easement and their estimated financial contribution; and
(xv) Other information that may be relevant as determined by the NRCS State Conservationist.
In submitting proposals, entities should indicate on the cover of the proposal whether they are a State, Tribal, local agency or a nongovernmental organization.
When the NRCS State Office has assessed organization eligibility and the merits of each proposal, the NRCS State Conservationist will determine whether the farmland is eligible for financial assistance from FPP. NRCS will use the National and State criteria and/or a LESA system or similar system to evaluate the land and rank the parcels. NRCS will only consider enrolling eligible land in the program that is of sufficient size and has boundaries that allow for efficient management of the area. The land must have access to markets for its products and an infrastructure appropriate for agricultural production. NRCS will not enroll land in FPP that is owned in fee title by an agency of the United States, or land that is already subject to an easement or deed restriction that limits the conversion of the land to nonagricultural use. NRCS will not enroll otherwise eligible lands if NRCS
NRCS will place a priority on acquiring easements or other interests in lands that provide permanent protection from conversion to nonagricultural use. NRCS will place a higher priority on easements acquired by entities that have extensive experience in managing and enforcing easements. NRCS may place a higher priority on lands and locations that help create a large tract of protected area for viable agricultural production and that are under increasing urban development pressure. NRCS may place a higher priority on lands and locations that correlate with the efforts of Federal, State, Tribal, local, or nongovernmental organizations' efforts that have complementary farmland protection objectives (
The CCC, through NRCS, will use a cooperative agreement with a selected eligible entity to document participation in FPP. The cooperative agreement will address, among other subjects—
(1) The interests in land to be acquired, including the form of the easements to be used and terms and conditions;
(2) the management and enforcement of the rights acquired;
(3) the role of NRCS;
(4) the responsibilities of the easement manager on lands acquired with FPP assistance; and
(5) other requirements deemed necessary by the CCC to protect the interests of the United States.
The cooperative agreement will also include an attachment listing the pending offers accepted in FPP, landowners' names, addresses, location map(s), and other relevant information. An example of a cooperative agreement may be obtained from the NRCS State Conservationist.