farm and ranch lands protection program
DESCRIPTION
Farm and Ranch Lands Protection Program. The Food, Conservation, and Energy Act of 2008 amended the Farmland Protection Program, established by the Federal Agricultural Improvement and Reform Act of 1996, and reauthorized by the Farm Security and Rural Investment Act of 2002. - PowerPoint PPT PresentationTRANSCRIPT
• The Food, Conservation, and Energy Act of 2008 amended the Farmland Protection Program, established by the Federal Agricultural Improvement and Reform Act of 1996, and reauthorized by the Farm Security and Rural Investment Act of 2002
Farm and Ranch Lands Protection Program
Farm and Ranch Lands Protection Program
The Program was named the Farm and Ranch Lands Protection Program to describe best the types of land the program seeks to protect
Protection• Facilitate and provide funding for the
purchase of conservation easements or other interests in land for the purpose of protecting the agricultural use and related conservation values by limiting nonagricultural uses of the land
Farm and Ranch Lands Protection Program Goals
Farm and Ranch Lands Protection Program Goals
• The program provides matching funds to State, Tribal, and local governments, and nongovernmental organizations to purchase conservation easements
Summary of 2008 Act Changes
• Expand the program purpose to protecting ag lands by limiting non-ag uses
• Shift program focus from purchasing conservation easements to facilitating the purchase of easements by eligible entities
2008 Changes Continued
• Require the Secretary to enter into agreements with eligible entities to stipulate the terms and conditions under which the entity is authorized to use FRPP funds to acquire easements
2008 Changes Continued
• Authorize an eligible entity to use its own conservation easement deed terms and conditions as approved by the Secretary, so long as such terms are consistent with the purposes of the program
2008 Changes Continued
• Permit effective enforcement of the conservation easement deed by the eligible entity
2008 Changes Continued
• Require the establishment of a certification process by which the Secretary will directly qualify certain eligible entities as certified entities
Certification Criteria
• Entity must have a plan for administering easements consistent with FRPP purposes
• Entity must have the capacity and resources to monitor and enforce conservation easements and have a dedicated fund for this purpose
• Entity must have policies and procedures established to ensure long-term integrity of the easement
Certification Criteria ~ continued
• Evidence of timely completion of acquisitions
• Evidence of timely reporting of use of funds
• NRCS Chief determines whether the entity qualifies as a certified entity
Entity Agreements
• Entities with cooperative agreements will not have to resubmit an annual application for the duration of the cooperative agreement
• Agreement term will be 5 years for Certified Entities and 3 years for other
• Entities must submit a new list of parcels each fiscal year unless they request that parcels from the previous fiscal year be considered
Entity Responsibilities
Negotiate with landowners Pay all legal and administrative
costs Pay for the entity share Obtain an appraisal meeting FRPP
requirements Purchase USA title insurance Draft the proposed easement Monitor and enforce easements
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2008 Changes
• Require that the fair market value of the conservation easement be determined on the basis of an appraisal, using an industry-approved method selected by the eligible entity and approved by the Secretary
Valuation
The value of the conservation easement
Before value – After value = Difference in ValueAn Estimate of the Effect on the
Value of the entire property caused by the conservation easement
Valuation (cont.)
Example 1
Before land value = $75,000 per acre
After land value = $3,200 per acre
Value of the conservation easement
$75,000/acre - $3,200/acre = $71,800/acre
Valuation (cont.)
Example 2
Before land value = $600 per acre
After land value = $600 per acre(Probably no change in Highest & Best Use)
Est. Value of the conservation easement
$600/acre - $600/acre = $0.00/acre
2008 Changes
• Require that entities provide a share of the cost of purchasing a conservation easement in an amount that is not less than 25 % of the acquisition purchase price
General Information
Landowner donations of easement value may be counted as part of the entity match
FRPP funding cap is $4000 per acre
The USA signs the easement as a Grantee under old farmbill
Payments can be made at closing, after closing, or as installment payments
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2008 Changes
• Require that the Secretary hold a right of enforcement in FRPP funded conservation easements
• Amend the definition of eligible land to allow for the inclusion of forest land
2008 Administrative Changes
• Three-fold eligibilityThe Landowner’s eligibility must be
determined as well as the land eligibility and the eligibility of the entity
Landowner may be a person, legal entity, or Indian Tribe (Clarifies that State and local governments, and NGO’s are NOT considered eligible landowners)
2008 Administrative Changes
• Landowner EligibilityDo not exceed the adjusted gross
income limitationComply with the Highly Erodible and
Wetland Conservation Provisions of the Food Security Act of 1985, as amended, and 7 CFR part 12
Eligible Land
• Privately owned land on a farm or ranch and contain at least 50% prime, unique, Statewide or locally important farmland
• Contain historical or archaeological resources
• Furthers a State or local policy consistent with the purposes of the program
• Subject to a pending offer from an eligible entity
FRPP Eligible Farmland
Proposed easements must include at least -
1/3 Important farmland soils
1/3 in active agricultural use
FUNDS are reduced proportionately
Landowners must be checked for compliance with -
HEL and Wetland requirements of the 1985 Food Security Act as amended
AGI requirements of the 2008 Farm Bill
BEFORE an Agreement with Entity is signed
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Eligible Land continued
• Must be cropland, rangeland, grassland, pasture land, or forest land that contributes to the economic viability of an agricultural operation or
• Forest Land that serves as a buffer to protect an ag operation from development
Forest Land Eligibility Change
• Forest land is allowed if it contributes to the economic viability of an ag operation or serves as a buffer to protect an ag operation
• No minimum acres• Forest Mgt Plan is the documentation of
eligibility ~ not tax receipts• Farms less than 100 acres with less than
10 acres of forest are not required to have a Plan
• Must not include Forest land of greater than two-thirds of the easement area
Eligible Landcontinued
• May include land that is incidental if determined by the Secretary to be necessary for the efficient administration of a conservation easement
• May include parts or entire farms or ranches
Entity Eligibility
• Federally recognize Indian Tribes
• State
• Unit of Government
• Non-profit organization with a farmland protection program
• Church, Hospital, School
In Addition Eligible Entities must demonstrate:
• A Commitment to long-term conservation of ag lands
• Be capable to acquire, manage and enforce easements
• Have sufficient staff dedicated to monitoring and easement stewardship
• Have availability of funds
New Application Procedures
• Entity submits application to the State Conservationist
• Chief determines whether an eligible entity qualifies as certified
• FRPP will be implemented using a continuous sign-up process with periodic ranking dates
• State Conservationist announces ranking dates no less than 60 days before the date of ranking
New Application Procedurescontinued
• Certified and non-certified entities compete under the same application and ranking process
• NRCS purges unfunded parcels from the list each September 30th
• Entities can request that their parcels be retained for consideration in next fiscal year
New Ranking Criteria
• National ranking criteria must comprise at least half of the ranking system score
Percent prime, unique & important farmland Percent cropland, pastureland, grassland,
rangeland Ratio of acres in parcel to average farm size in
the county Decrease in percentage of farm acreage in the
county
New Ranking CriteriaNational criteria is 50% of score
Percent population growth in the countyPopulation density per square mileProximity of parcel to other protected
landProximity of parcel to other ag
operations and infrastructure
FRPP National Progress
Since 1996 -
Over $510 million obligated nationwide to local programs in all 50 states and Puerto Rico
to protect over 1360 square miles of productive farmland
Since 1996, over $14.5 million in Wisconsin FRPP funds have:
• Created partnerships with 11 farmland protection programs
• Protected over 19 square miles of farmland threatened by development
• Ensured that 81 working farms in 12 counties will remain in productive agricultural use
USDA, Natural Resources Conservation ServiceFarm and Ranch Lands Protection ProgramWisconsin 4-25-08
FRPP Partners:
• 6 land trusts
• 2 towns
• 2 counties
• 1 state agencyDane
Bayfield
Sauk
Iowa
RockGreen
Pierce
Columbia
Jefferson
Sheboygan
Ozaukee
Pepin
FRPP conservation easements protect entire working farms
Including prime agricultural land, woodlands,important natural areas,and cultural resources.
This 180 acre FRPP farm near Madison includes a stone barn on the National Register of Historic Places
“It’s gratifying to know that this family heirloom and our agricultural heritage remain in good hands for future generations”Harold Thomas, FRPP participant
An FRPP easement protects this 340 acre dairy farm north of Milwaukee
Prime agricultural soils and woodlands buffering the Kinnickinnic River are protected by an FRPP easement on this 280 acre farm in NW Wisconsin
An FRPP easement protects this 80 acre apple orchard in northern Wisconsin
“This hill has the most perfect soil for growing fruit, and I want to make sure it is always available for farming.”
Vi Betzold, FRPP Participant
FRPP Application Procedure
USDA issues a request for applications Applications are evaluated by NRCS using a
ranking system developed with advice from the State Technical Committee
Funded applicants sign a Cooperative Agreement with NRCS
Programs have 18 months to acquire the easements
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Easement Requirements
Must be permanent Include the USA as a Grantee Limit non-agricultural uses Limit impervious surface Require a conservation plan Generally prohibit land division Prohibit non-ag construction
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FRPP More Information WI FRPP website: www.wi.nrcs.usda.gov/programs/fpp.html
WI FRPP Coordinator Peggie James, USDA, NRCS 608-662-4422 ext 238 [email protected] WI FRPP Manager Don Baloun, USDA, NRCS 608-662-4422 ext 252 [email protected]
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