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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 7:7:10.1.2.2.32.1.330.1 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.1 Applicability. | CCC | (a) The regulations in this part set forth requirements, policies, and procedures for implementation of the Agricultural Conservation Easement Program (ACEP) administered by the Natural Resources Conservation Service (NRCS). ACEP purposes include: (1) Combining the purposes and coordinating the functions of the Wetlands Reserve Program established under section 1237, the Grassland Reserve Program established under section 1238N, and the Farmland Protection Program established under section 1238I, as such sections were in effect on the day before the date of enactment of the Agricultural Act of 2014; (2) Restoring, protecting, and enhancing wetlands on eligible land; (3) Protecting the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and (4) Protecting grazing uses and related conservation values by restoring or conserving eligible land. (b) The NRCS Chief may implement ACEP in any of the 50 States, the District of Columbia, Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United States, American Samoa, and the Commonwealth of the Northern Mariana Islands. (c) Subpart B of this part sets forth additional requirements, policies, and procedures for implementation of the Agricultural Land Easements (ALE) component of ACEP. (d) Subpart C of this part sets forth additional requirements, policies, and procedures for the Wetland Reserve Easement (WRE) component of ACEP. (e) Easement lands previously enrolled under the predecessor programs Farm and Ranch Lands Protection Program (7 CFR part 1491), the Grassland Reserve Program (7 CFR part 1415), and the Wetlands Reserve Program (7 CFR part 1467) are considered enrolled in ACEP. Existing easements and agreements remain valid and enforceable, and subject to the legal framework in place at the time of enrollment, except that the long-term stewardship and management of these easements, and any ACEP fund… | ||||
| 7:7:10.1.2.2.32.1.330.10 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.10 Environmental markets. | CCC | (a) Ecosystem services credits for conservation improvements under a wetland reserve easement. Landowners may obtain environmental credits under other programs if one of the purposes of such program is the facilitation of additional conservation benefits that are consistent with the conservation purposes for which the easement was acquired, and such action does not adversely affect the rights or interests granted under the easement to the United States. (b) Ecosystem services credits related to an agricultural land easement. Landowners may obtain environmental credits under other programs if one of the purposes of such program is the facilitation of additional conservation benefits that are consistent with the conservation purposes for which the easement was acquired, and such action does not adversely affect the interests granted under the easement to the grantee or to the United States right of enforcement. (c) Voluntary action. ACEP funds may not be used to acquire easements to establish protections or to implement conservation practices that the landowner is required to establish as a result of a court order or to satisfy any mitigation requirement for which the ACEP landowner is otherwise responsible. | ||||
| 7:7:10.1.2.2.32.1.330.2 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.2 Administration. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 90 FR 30560, July 10, 2025] | (a) The regulations in this part will be administered under the general supervision and direction of the NRCS Chief. (b) NRCS may seek advice from the State technical committee on considerations relating to implementation and technical aspects of the program, such as identification of lands of statewide importance or special significance, review of State-level geographic area rate caps, development of ranking criteria, wetland restoration objectives, management considerations, including compatible use criteria, or related technical matters. (c) NRCS may obtain input from Federal or State agencies, conservation districts, or other organizations in program administration. No determination by these agencies or organizations will compel NRCS to take any action which NRCS determines does not serve the purposes of the program established by this part. (d) Applications may be submitted on a continuous basis or in response to specific program solicitations. NRCS may announce one or more application cut-off dates for funding consideration within a given fiscal year. (e) The Chief may allocate funds for purposes related to: Encouraging enrollment by beginning farmers or ranchers, limited resource farmers or ranchers, Indian Tribes, and veteran farmers or ranchers as authorized by 16 U.S.C. 3844; implementing landscape and related initiatives, special pilot programs for easement management and monitoring; agreements with other agencies and organizations to assist with program implementation; coordination of easement enrollment across State boundaries; coordination of the development of easement plans for ACEP-WRE or conservation plans for ACEP-ALE; or for other goals of the ACEP found in this part. (f) NRCS may delegate at any time its ACEP-WRE monitoring or management responsibilities to conservation organizations that have appropriate authority, expertise and technical and financial resources, as determined by NRCS, to carry out such delegated responsibilities. (g) NRCS may delegate at any time its ACEP-WRE monitori… | |||
| 7:7:10.1.2.2.32.1.330.3 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.3 Definitions. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8130, Feb. 4, 2021] | The definitions in this section apply to this part, and all documents issued in accordance with this part, unless specified otherwise: 30-year Contract means an ACEP-WRE contract that is for a duration of 30 years and is limited to acreage owned by Indian Tribes. Access means legal and physical ingress and egress to the entire easement area over adjacent or contiguous lands for the exercise of any of the rights or interests under the easement for the duration of its term for the purposes of the program. Access for easement enrollments must be described in the easement deed. Acreage owned by Indian Tribes means lands held in private ownership by an Indian Tribe or individual Tribal member and lands held in trust by a native corporation, Tribe, or the Bureau of Indian Affairs. This land may be also be referred to as “Tribal land.” Agreement means the document that specifies the rights, requirements, and responsibilities of NRCS and any persons, legal entities, or eligible entities participating in the program or any document that authorizes the transfer of assistance between NRCS and a third party for provision of authorized goods and services associated with program implementation. Agreements may include but are not limited to an agreement to purchase, an ALE-agreement, a buy-protect-sell arrangement, a wetland reserve easement restoration agreement, a cooperative agreement, a grant agreement, a partnership agreement, or an interagency agreement. Agreement to purchase means the legal document that is the equivalent of a real estate purchase and sale contract. The landowner signs the agreement to purchase, which is the authorization for NRCS to proceed with the ACEP-WRE acquisition process. Agricultural commodity means any agricultural commodity planted and produced in a State by annual tilling of the soil, including tilling by one-trip planters or sugarcane planted and produced in a State. Agricultural land easement means an easement or other interest in eligible land that is conveyed for the purpose… | |||
| 7:7:10.1.2.2.32.1.330.4 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.4 Appeals. | CCC | (a) ACEP-ALE eligibility of entities. An entity which has submitted an ACEP-ALE application to be considered an eligible entity may obtain a review of any administrative determination concerning their eligibility for participation utilizing the administrative appeal regulations provided in 7 CFR parts 11 and 614. (b) ACEP-WRE applicants and participants. An applicant or participant in the ACEP-WRE may obtain a review of any administrative determination concerning eligibility for participation or receipt of payment utilizing the administrative appeal regulations provided in 7 CFR parts 11 and 614. (c) Easement administration and management determinations under ACEP after easement closing. NRCS determinations that are made pursuant to its rights or interests in an ACEP-funded easement after closing may only be appealed to the State conservationist as specified in the notice provided to the landowner or easement holder when NRCS exercises its rights under the easement. Such determinations are not subject to appeal under 7 CFR parts 11 or 614. | ||||
| 7:7:10.1.2.2.32.1.330.5 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.5 Scheme or device. | CCC | (a) In addition to other penalties, sanctions, or remedies that may apply, if it is determined by NRCS that anyone has employed a scheme or device to defeat the purposes of this part, any part of any program payment otherwise due or paid during the applicable period may be withheld or be required to be refunded with interest, thereon, as determined appropriate by NRCS. (b) A scheme or device includes, but is not limited to, coercion, fraud, misrepresentation, depriving anyone of a program benefit, or for the purpose of obtaining a payment to which they would otherwise not be entitled. | ||||
| 7:7:10.1.2.2.32.1.330.6 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.6 Subordination, exchange, modification, and termination. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8130, Feb. 4, 2021] | (a) After an easement has been recorded, no subordination, modification, exchange, or termination will be made in any interest in land, or portion of such interest, except as approved by the NRCS. NRCS may approve such easement administration actions if NRCS determines, in accordance with the sequencing considerations under the National Environmental Policy Act, that— (1)(i) The subordination, modification, or exchange action results in no net loss of easement acres, and is in the public interest or will further the practical administration and management of the easement area or the program, as determined by the NRCS, or (ii) The termination action will address a compelling public need for which there is no practicable alternative even with avoidance and minimization, and will further the practical administration and management of the easement area or the program, as determined by the NRCS. (2) For modification or exchange actions— (i) There is no reasonable alternative that would avoid the easement area, or if the easement area cannot be avoided entirely, then the preferred alternative must minimize impacts to the original easement area and its conservation functions and values to the greatest extent practicable and any remaining adverse impacts must be mitigated, as determined by NRCS, at no cost to the government, (ii) The action is consistent with the original intent of the easement and is consistent with the purposes of the program, and (iii) The action results in equal or greater conservation functions and value and equal or greater economic value to the United States. A determination of equal or greater economic value to the United States will be made in accordance with an approved easement valuation methodology for agricultural land easements under subpart B or for wetland reserve easements under subpart C. In addition to the value of the easement itself, NRCS may consider other financial investments it has made in the acquisition, restoration, and management of the original easement to ensure that … | |||
| 7:7:10.1.2.2.32.1.330.7 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.7 Transfer of land. | CCC | (a) Offers voided. Any transfer of the property prior to recording the easement in the applicable land records or executing the 30-year contract may void the availability of ACEP funding for that transaction, unless the new landowner is determined eligible, the transfer is approved by NRCS, and the new landowner is willing to comply with ACEP requirements. (b) Payments to participants. For wetland reserve easements with annual installment payments, any remaining easement payments will be made to the original participants unless NRCS receives an assignment of proceeds. (c) Claims to payments. With respect to any and all payments owed to participants, NRCS will bear no responsibility for any full payments or partial distributions of funds between the original participant and the participant's successor. In the event of a dispute or claim on the distribution of payments, NRCS may withhold payments without the accrual of interest pending an agreement or adjudication on the rights to the funds. | ||||
| 7:7:10.1.2.2.32.1.330.8 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.8 Payments not subject to claims. | CCC | Any cost-share, contract, agreement, or easement payment or portion, thereof, due any person, legal entity, Indian Tribe, eligible entity, or other party under this part will be allowed without regard to any claim or lien in favor of any creditor, except agencies of the United States. | ||||
| 7:7:10.1.2.2.32.1.330.9 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | A | Subpart A—General Provisions | § 1468.9 Assignments. | CCC | Any person, legal entity, Indian Tribe, eligible entity, or other party entitled to any cash payment under this program may assign the right to receive such cash payments, in whole or in part. | ||||
| 7:7:10.1.2.2.32.2.330.1 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.20 Program requirements. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8130, Feb. 4, 2021] | (a) General. (1) Under ACEP-ALE, NRCS will facilitate and provide cost-share assistance for the purchase by eligible entities of agricultural land easements or other interests in eligible private or Tribal land that is— (i) Subject to a written pending offer; or (ii) Owned or in the process of being purchased by the eligible entity as part of an approved buy-protect-sell transaction. (2) To participate in ACEP-ALE, eligible entities as identified in (b) below must submit applications to NRCS State offices to partner with NRCS to acquire conservation easements on eligible land. Eligible entities must enter into an ALE-agreement with NRCS and address the ACEP-ALE deed requirements specified therein, the effect of which is to protect natural resources and the agricultural nature of the land and permit the landowner the right to continue agricultural production and related uses. (3) Under the ALE-agreement, unless otherwise specified in this part, the Federal share of the cost of an agricultural land easement or other interest in eligible land will not exceed 50 percent of the fair market value of the agricultural land easement and the eligible entity will provide a share that is at least equivalent to the Federal share. (4) The duration of each agricultural land easement or other interest in land will be in perpetuity or the maximum duration allowed by State law. (b) Entity eligibility. (1) To be eligible to receive ACEP-ALE funding, an Indian Tribe, State, unit of local government, or a nongovernmental organization must meet the definition of eligible entity as listed in § 1468.3. In addition, eligible entities interested in receiving ACEP-ALE funds must provide NRCS sufficient evidence of— (i) A commitment to long-term conservation of agricultural lands, (ii) A demonstrated capability to acquire, manage, and enforce easements, (iii) Sufficient number of staff dedicated to monitoring and easement stewardship, (iv) The estimated easement and related costs and the anticipated sources of funding sufficie… | |||
| 7:7:10.1.2.2.32.2.330.2 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.21 Application procedures. | CCC | (a) To apply for enrollment an eligible entity must submit an entity application for an ALE-agreement and any associated individual parcel applications to NRCS. For buy-protect-sell transactions, additional information may be required at the time of application as identified by NRCS. (b) NRCS may conduct initial eligibility determinations for the fiscal year an application is submitted. As determined by NRCS, the entity eligibility requirements must be met for the fiscal year in which the ALE-agreement is executed, and the land and landowner must be eligible for the fiscal year the parcel is approved for funding through an ALE-agreement. NRCS eligibility determinations are based on the application materials provided by the eligible entity, onsite assessments, and the criteria in § 1468.20. | ||||
| 7:7:10.1.2.2.32.2.330.3 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.22 Establishing priorities, ranking considerations, and project selection. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8130, Feb. 4, 2021] | (a) NRCS will use national and State criteria to rank and select eligible parcels for funding. The national ranking criteria will comprise at least half of the ranking score. The State criteria will be developed by NRCS on a State-by-State basis, with input from the State technical committee. The weighting of ranking criteria, including adjustments to account for geographic differences, will be developed to maximize the benefit of the Federal investment under the program. Parcels are ranked and selected for funding at the State level. (b) The national ranking criteria are— (1) Percent of prime, unique, and other important farmland soils in the parcel to be protected; (2) Percent of cropland, rangeland, grassland, historic grassland, pastureland, or nonindustrial private forest land in the parcel to be protected; (3) Ratio of the total acres of land in the parcel to be protected to average farm size in the county according to the most recent USDA Census of Agriculture; (4) Decrease in the percentage of acreage of farm and ranch land in the county in which the parcel is located between the last two USDA Censuses of Agriculture; (5) Percent population growth in the county as documented by the United States Census; (6) Population density (population per square mile) as documented by the most recent United States Census; (7) Existence of a farm or ranch succession plan or similar plan established to address agricultural viability for future generations; (8) Proximity of the parcel to other protected land, such as military installations; land owned in fee title by the United States or an Indian Tribe, State or local government, or by a nongovernmental organization whose purpose is to protect agricultural use and related conservation values; or land that is already subject to an easement or deed restriction that limits the conversion of the land to nonagricultural use or protects grazing uses and related conservation values; (9) Proximity of the parcel to other agricultural operations and agricultural infrastr… | |||
| 7:7:10.1.2.2.32.2.330.4 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.23 ALE-agreements. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8130, Feb. 4, 2021] | (a) NRCS will enter into an ALE-agreement with a selected eligible entity that stipulates the terms and conditions under which the eligible entity is permitted to use ACEP-ALE funding and will incorporate all ACEP-ALE requirements. NRCS will make available to eligible entities the ALE-agreement terms and conditions, including any applicable templates, based on enrollment type. The ALE-agreement will address— (1) The interests in land to be acquired, including the United States' right of enforcement, the deed requirements specified in this part, as well as the other terms and conditions of the easement deed; (2) The management and enforcement of the rights on lands acquired with ACEP-ALE funds; (3) The responsibilities of NRCS; (4) The responsibilities of the eligible entity on easements acquired with ACEP-ALE funds; (5) The requirement for any conservation plan for highly erodible cropland or agricultural land easement plans to be developed as required or agreed-to prior to execution of the easement deed and payment of easement compensation to the landowner; (6) As applicable, the allowance of eligible parcel substitution upon mutual agreement of the parties; (7) The certification by the landowner at the time of easement execution and payment of easement compensation of the extent of any charitable contribution or other donation the landowner has provided to the eligible entity; (8) The submission of documentation of procured costs for each parcel, including appraisal, boundary survey, phase-I environmental site assessment, title commitment or report, title insurance, and closing cost if such procured costs are to be considered as part of the eligible entity's non-Federal share; and (9) Other requirements deemed necessary by NRCS to meet the purposes of this part or protect the interests of the United States. (10) For buy-protect-sell transactions, the ALE-agreement will also include the requirements identified in § 1468.27. (b) The term of standard ALE-agreements, except as described in § 1468.27 for … | |||
| 7:7:10.1.2.2.32.2.330.5 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.24 Compensation and funding for agricultural land easements. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8130, Feb. 4, 2021] | (a) Determining the fair market value of the agricultural land easement. (1) The Federal share will not exceed 50 percent of the fair market value of the agricultural land easement, as determined using— (i) An appraisal using the Uniform Standards of Professional Appraisal Practices or the Uniform Appraisal Standards for Federal Land Acquisitions, (ii) An areawide market analysis or survey, or (iii) Another industry-approved method approved by NRCS. (2) Prior to receiving funds for an agricultural land easement, the eligible entity must provide NRCS with an acceptable determination of the fair market value of the agricultural land easements that conforms to applicable industry standards and NRCS specifications and meets the requirements of this part. (3) If the value of the easement is determined using an appraisal, the appraisal must be completed and signed by a State-certified general appraiser and must contain a disclosure statement by the appraiser. The appraisal must conform to the Uniform Standards of Professional Appraisal Practices or the Uniform Appraisal Standards for Federal Land Acquisitions as selected by the eligible entity. (4) If the fair market value of the easement is determined using an areawide market analysis or survey, the areawide market analysis or survey must be completed and signed by a person determined by NRCS to have professional expertise and knowledge of agricultural land values in the area subject to the areawide market analysis or survey. The use of areawide market analysis or survey must be approved by NRCS prior to entering into an ALE-agreement. (5) Requests to use another industry-approved method must be submitted to NRCS and approved by NRCS prior to entering into the ALE-agreement. NRCS will identify the applicable industry standards and any associated NRCS specifications based on the methodology approved. (6) NRCS will review for quality assurance purposes, appraisals, areawide market analysis or surveys, valuation reports, or other information resulting from anot… | |||
| 7:7:10.1.2.2.32.2.330.6 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.25 Agricultural land easement deeds. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8131, Feb. 4, 2021] | (a) Under ACEP-ALE, a landowner grants an easement to an eligible entity with which NRCS has entered into an ALE-agreement. The easement deed will require that the easement area be maintained in accordance with ACEP-ALE goals and objectives for the term of the easement. (b) The term of an agricultural land easement must be in perpetuity, except where State law prohibits a permanent easement. In such cases where State law limits the term of a conservation easement, the easement term will be for the maximum duration allowed under State law. (c) The eligible entity may use its own terms and conditions in the agricultural land easement deed, but the agricultural land easement deed must provide for the effective administration, management, and enforcement of the agricultural land easement by the eligible entity or its successors and assigns and must address the deed requirements as specified by this part and by NRCS in the ALE-agreement. (d) All deeds, as further specified in the ALE-agreement, must address the following regulatory deed requirements: (1) Include a right of enforcement clause for NRCS. NRCS will specify the terms for the right of enforcement clause, including that such interest in the agricultural land easement: (i) May be used only if the terms and conditions of the easement are not enforced by the eligible entity; (ii) Extends to a right of inspection only if the holder of the easement fails to provide monitoring reports in a timely manner or NRCS has a reasonable and articulable belief that the terms and conditions of the easement have been violated; (iii) Remains in effect for the duration of the easement and any changes that affect NRCS's interest in the agricultural land easement must be reviewed and approved by NRCS under § 1468.6 of this part. (2) Specify that impervious surfaces will not exceed 2 percent of the ACEP-ALE easement area, excluding NRCS-approved conservation practices unless NRCS grants a waiver as follows: (i) The eligible entity may request a waiver of the 2-percent imp… | |||
| 7:7:10.1.2.2.32.2.330.7 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.26 Eligible entity certification. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8131, Feb. 4, 2021] | (a) To be considered for certification, an entity must submit a written request for certification to NRCS, which specifically addresses the items in paragraphs (a)(1) through (7) of this section: (1) An explanation of how the entity meets the requirements identified in § 1468.20(b) of this section; (2) An agreement to use for ACEP-ALE funded acquisitions easement valuation methodologies identified in section § 1468.24 of this part; (3) A showing of a demonstrated record of completing acquisition of easements in a timely fashion; (4) A showing that it has the capacity to monitor and enforce the provisions of easement deeds and history of such monitoring and enforcement; (5) A plan for administering easements enrolled under this part, as determined by NRCS; (6) Proof that the eligible entity— (i) Has been accredited by the Land Trust Accreditation Commission and has acquired not fewer than 10 agricultural land easements under ACEP-ALE, the Farm and Ranch Lands Protection Program, or the Farmland Protection Program; (ii) Is a State department of agriculture or other State agency with statutory authority for farm and ranchland protection and has acquired not fewer than 10 agricultural land easements under ACEP-ALE or its predecessor programs; or (iii) Holds, manages, and monitors a minimum of 25 agricultural land conservation easements, of which a minimum of 10 of these easements are agricultural land easements under ACEP-ALE or its predecessor programs, and if the eligible entity is a nongovernmental organization, provides evidence that the eligible entity possesses a dedicated fund for the purposes of managing, monitoring, and enforcing each easement held by the eligible entity; and (7) Successfully met the responsibilities of the eligible entity under the applicable agreements with NRCS, as determined by NRCS, relating to agricultural land easements that the eligible entity has acquired under the program or any predecessor program; (b) NRCS will notify an eligible entity in writing whether they have bee… | |||
| 7:7:10.1.2.2.32.2.330.8 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.27 Buy-Protect-Sell transactions. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8131, Feb. 4, 2021] | (a) NRCS may enter into an ALE-agreement with an eligible entity for a buy-protect-sell transaction to provide cost-share assistance for the purchase of an agricultural land easement on eligible private or Tribal agricultural land that an eligible entity owns or is in the process of purchasing for the purposes of securing the long-term protection of natural resources and the agricultural nature of the land and ensuring timely transfer to a qualified farmer or rancher. (b) At the time the individual parcel application is submitted, the eligible entity must identify the specific buy-protect-sell transaction type as either— (1) Pre-closing transfer, wherein the eligible entity will transfer fee title ownership to a farmer or rancher at or prior to closing on the agricultural land easement and the eligible entity will hold the agricultural land easement prior to receiving the Federal share, or (2) Post-closing transfer, wherein the eligible entity will transfer fee title ownership to a farmer or rancher not later than 3 years after closing on the agricultural land easement, unless an extension of such time has been authorized by NRCS based on documentation of extenuating circumstances provided by the eligible entity. (c) The ALE-agreement must contain the information described in § 1468.23 and must specify the details of the legal arrangement for the individual buy-protect-sell transaction, including that for all buy-protect-sell transactions the eligible entity must— (1) Own the land or within 12 months of execution of the ALE-agreement for the buy-protect-sell transaction by both NRCS and the eligible entity, and the eligible entity has completed the purchase of the land or has demonstrated to the satisfaction of NRCS that completion of the purchase of the land is imminent. (2) Make an initial sale of the land to a farmer or rancher that is or will be subject to the agricultural land easement pursuant to the terms of the ALE-agreement. (3) Sell the land to the farmer or rancher for a purchase price that does… | |||
| 7:7:10.1.2.2.32.2.330.9 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | B | Subpart B—Agricultural Land Easements | § 1468.28 Violations and remedies. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8131, Feb. 4, 2021] | (a) In the event of a violation of the agricultural land easement terms, the agricultural land easement holder will notify the landowner and the violator, if different than the landowner, and NRCS. The landowner may be given reasonable notice and, where appropriate, an opportunity to voluntarily correct the violation in accordance with the terms of the agricultural land easement. (b) In the event that the agricultural land easement holder, or its successors or assigns, fails to enforce any of the terms of the agricultural land easement as determined by NRCS, NRCS may exercise the United States' rights to enforce the terms of the agricultural land easement through any and all authorities available under Federal or State law. (c) Notwithstanding paragraph (a) of this section, NRCS reserves the right to enter upon and inspect the easement area if the annual monitoring report provided by the agricultural land easement holder documenting compliance with the agricultural land easement is insufficient or is not provided annually, the United States has a reasonable and articulable belief that the terms and conditions of the easement have been violated, or to remedy deficiencies or easement violations as it relates to the conservation plan in accordance with 7 CFR part 12. Prior to its inspection, NRCS will notify the agricultural land easement holder and the landowner and provide a reasonable opportunity for the agricultural land easement holder and the landowner to participate in the inspection. (d) In the event of an emergency, the entry onto the easement area may be made at the discretion of NRCS when the actions are deemed necessary to prevent, terminate, or mitigate a potential or unaddressed violation with notification to the landowner and the agricultural land easement holder provided at the earliest practicable time. The landowner will be liable for any costs incurred by NRCS as a result of the landowner's failure to comply with the easement requirements as it relates to agricultural land easement violations. … | |||
| 7:7:10.1.2.2.32.3.330.1 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.30 Program requirements. | CCC | (a) General. (1) Under the ACEP-WRE, NRCS may purchase wetland reserve easements from eligible landowners who voluntarily cooperate to restore, protect, and enhance wetlands on eligible private or Tribal lands. A 30-year contract enrollment option is also available for acreage owned by Indian Tribes. (2) To participate in ACEP-WRE, a landowner must agree to the implementation of a WRPO, the effect of which is to restore, protect, enhance, maintain, manage, and monitor the hydrologic conditions of inundation or saturation of the soil, native vegetation, and natural topography of eligible lands. (3) NRCS may provide financial assistance through an easement restoration agreement for the conservation practices and eligible activities that promote the restoration, protection, enhancement, maintenance, and management of wetland functions and values and associated habitats. (4) For ACEP-WRE enrollments, NRCS may implement such conservation practices and eligible activities through an agreement with the landowner, a contract with a vendor, an interagency agreement, or a cooperative agreement. The specific restoration, protection, enhancement, maintenance, and management actions authorized by NRCS, may be undertaken by the landowner, NRCS, or its designee. (5) The duration of a wetland reserve easement may be either perpetual, 30-years, or the maximum duration allowed by State law. The duration of a 30-year contract on acreage owned by Indian Tribes is 30 years. (b) Acreage limitations. (1) No more than 25 percent of the total cropland in any county, as determined by the FSA, may be enrolled in CRP and ACEP-WRE, and no more than 15 percent of the total cropland in the county may be subject to an easement under ACEP-WRE. (2) The limitations in paragraph (b)(1) of this section do not apply to areas devoted to windbreaks or shelterbelts after November 28, 1990, or to cropland designated by NRCS with “subclass w” in the land capability classes IV through VIII because of severe use limitations due to factors related … | ||||
| 7:7:10.1.2.2.32.3.330.10 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.39 Violations and remedies. | CCC | (a) Easement violations. (1) In the event of a violation of the easement involving the landowner, the landowner will be given reasonable notice and an opportunity to voluntarily correct the violation within 30 days of the date of the notice, or such additional time as NRCS determines is necessary to correct the violation at the landowner's expense. (2) Notwithstanding paragraph (a)(1) of this section, NRCS reserves the right to enter upon the easement or 30-year area at any time to remedy deficiencies or easement violations. Such entry may be made at the discretion of NRCS when such actions are deemed necessary to protect important wetland functions and values or other rights of the United States under the easement. The landowner will be liable for any costs incurred by the United States as a result of the landowner's failure to comply with easement obligations. (3) If there is failure to comply with easement obligations, the easement will remain in effect, and NRCS may, in addition to any other remedy available to the United States, retain any payment otherwise required to be paid under this part and require the refund of any payment previously made under this part. (b) 30-year contract or wetland reserve easement restoration agreements violations. (1) If NRCS determines that a landowner is in violation of the terms of a 30-year contract or wetland reserve easement restoration agreement, or documents incorporated by reference into the 30-year contract or wetland reserve easement restoration agreement, the landowner will be given reasonable notice and an opportunity to voluntarily correct the violation within 30 days of the date of the notice, or such additional time as NRCS determines is necessary to correct the violation. If the violation continues, NRCS may terminate the 30-year contract or wetland reserve easement restoration agreement. (2) Notwithstanding the provisions of paragraph (b)(1) of this section, a 30-year contract or wetland reserve easement restoration agreement termination is effective i… | ||||
| 7:7:10.1.2.2.32.3.330.2 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.31 Application procedures. | CCC | (a) Application for participation. To apply for enrollment, a landowner must submit an application to NRCS. (b) Preliminary agency action. By filing an application, the landowner consents to an NRCS representative entering upon the land for purposes of assessing the wetland functions and values and for other activities, such as the ranking and development of the preliminary WRPO, that are necessary or desirable for NRCS to evaluate applications. The landowner is entitled to accompany an NRCS representative on any site visits. (c) Voluntary reduction in costs. In order to enhance the probability of enrollment in ACEP-WRE, the landowner or someone other than the landowner may offer to contribute financially to the cost of the acquisition or restoration of the wetland reserve easement to leverage Federal funds. This offer must be made in writing to NRCS. | ||||
| 7:7:10.1.2.2.32.3.330.3 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.32 Establishing priorities, ranking consideration, and project selection. | CCC | [85 FR 571, Jan. 6, 2020, as amended at 86 FR 8131, Feb. 4, 2021] | (a) When evaluating easements or 30-year contract applications from landowners, NRCS, with advice from the State technical committee, may consider: (1) The conservation benefits of obtaining an easement or other interest in the land, including but not limited to— (i) Habitat that will be restored for the benefit of migratory birds and wetland-dependent wildlife, including diversity of wildlife that will be benefitted or life-cycle needs that will be addressed; (ii) Extent and use of habitat that will be restored for threatened, endangered, or other at-risk species or number of different at-risk species benefitted; (iii) Protection or restoration of native vegetative communities; (iv) Habitat diversity and complexity to be restored; (v) Proximity and connectivity to other protected habitats; (vi) Extent of beneficial adjacent land uses; (vii) Proximity to impaired water bodies; (viii) Extent of wetland losses within a geographic area, including wetlands generally or specific wetland types; (ix) Capacity of the wetland to improve water quality; (x) Hydrology restoration potential, which must comprise at least 50 percent of the points for conservation benefits. (2) The cost effectiveness of each easement; (3) Whether the landowner or another person or entity is offering to contribute financially to the cost of the easement or other interest in the land to leverage Federal funds; (4) The extent to which the purposes of this part would be achieved on the land; (5) The productivity of the land; (6) The on-farm and off-farm environmental threats if the land is used for the production of agricultural commodities; (7) Such other factors as NRCS determines are necessary to carry out the purposes of the program. (b) To the extent practicable, taking into consideration costs and future agricultural and food needs, NRCS will give priority to— (1) Obtaining permanent easements over shorter term easements; and (2) Acquiring easements based on the value of the easement for protecting and enhancing habitat for… | |||
| 7:7:10.1.2.2.32.3.330.4 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.33 Enrollment process. | CCC | (a) Tentative selection. Based on the priority ranking, NRCS will notify an affected landowner of tentative acceptance into the program. (b) Effect of notice of tentative selection. The notice of tentative acceptance into the program does not bind NRCS or the United States to enroll the proposed project in ACEP-WRE, nor does it bind the landowner to continue with enrollment in the program. The notice informs the landowner of NRCS's intent to continue the enrollment process on their land. (c) Acceptance and effect of offer of enrollment —(1) Wetland reserve easement. For applications requesting enrollment through a wetland reserve easement, NRCS will present an agreement to purchase to the landowner which will describe the easement area, the easement compensation amount, the easement terms and conditions, and other terms and conditions for participation that may be required by NRCS as appropriate. The easement compensation amount will be based upon the lowest of the fair market value of the land, the geographic area rate cap, or the landowner offer, as provided in § 1468.34 of this part. The landowner accepts enrollment in the ACEP-WRE by signing the agreement to purchase. NRCS will continue with easement acquisition activities after the property has been enrolled. (2) 30-year contract. For applications requesting enrollment of acreage owned by an Indian Tribe through the 30-year contract option, NRCS will present an agreement to enter 30-year contract to the Tribal landowner which will describe the contract area, the contract compensation amount, the contract terms and conditions, and other terms and conditions for participation that may be required by NRCS as appropriate. The Tribal landowner accepts enrollment in the ACEP-WRE by signing the agreement to enter 30-year contract. NRCS will proceed with implementation of the WRPO after the 30-year contract has been executed. (d) Restoration responsibility and the scope of enrollment. (1) The agreement to purchase or agreement to enter 30-year contrac… | ||||
| 7:7:10.1.2.2.32.3.330.5 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.34 Compensation for easements and 30-year contracts. | CCC | (a) Determination of easement compensation values. (1) Compensation for an easement or 30-year contract under this part will be made in cash in such amount as is agreed to and specified in the agreement to purchase or agreement to enter 30-year contract and finalized in the warranty easement deed or 30-year contract. (2) Payments for 30-year easements, nonpermanent easements as limited by State law, or 30-year contracts will be not more than 75 percent of that which would have been paid for a permanent easement as determined by the methods listed in paragraph (a)(3) of this section. (3) NRCS will pay as compensation the lowest of the values from paragraphs (a)(3)(i) through (iii) of this section: (i) The fair market value of the land using the Uniform Standards for Professional Appraisal Practices or based on an area-wide market analysis or survey, (ii) The geographic area rate cap determined under paragraph (a)(4) of this section, or (iii) A written offer made by the landowner. (4) Each fiscal year NRCS, in consultation with the State technical committee, will establish one or more geographic area rate caps within a State. NRCS will determine the geographic area rate cap using the best information which is readily available in that State. Such information may include soil types, types of crops capable of being grown, production history, location, real estate market values, and tax rates and assessments. (b) Acceptance of offered easement compensation. (1) NRCS will not acquire any easement unless the landowner accepts the amount of the easement payment offered by NRCS. The easement payment may be less than the fair market value of the interests and rights to be conveyed by the landowner under the easement. (2)(i) For easements or 30-year contracts valued at $500,000 or less, NRCS will provide compensation in up to 10 annual payments, as requested by the participant, as specified in the agreement to purchase or 30-year contract between NRCS and the participant. (ii) For easements or 30-year contracts… | ||||
| 7:7:10.1.2.2.32.3.330.6 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.35 Wetland Reserve Enhancement Partnerships. | CCC | (a) The purpose of the Wetland Reserve Enhancement Partnership (WREP) option is to target and leverage resources to address high priority wetland protection, restoration, and enhancement objectives through agreements with States (including a political subdivision or agency of a State), nongovernmental organizations, or Indian Tribes. (b) NRCS will establish priorities for funding, required level of partner contribution of resources, ranking criteria, and other criteria. NRCS will prioritize proposals that address wetland restoration needs of national or regional importance, including special project or area-wide proposals. (c) NRCS will make the information regarding WREP available to the public and potential partners. (d) NRCS will evaluate proposals and make final funding selections based upon the priorities identified in the public notice of funding availability. (e) NRCS will enter into WREP agreements with partners who have projects selected for funding. | ||||
| 7:7:10.1.2.2.32.3.330.7 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.36 WRPO payments. | CCC | (a) NRCS may provide financial assistance for implementing the WRPO on the enrolled land subject to an easement or 30-year contract. The amount and terms and conditions of the financial assistance will be subject to the restrictions in paragraphs (a)(1) and (2) of this section on the costs of establishing or installing conservation practices or eligible activities specified in the WRPO: (1) On enrolled land subject to a permanent easement, NRCS will offer to pay at least 75 percent but not more than 100 percent of such costs; and (2) On enrolled land subject to a 30-year or nonpermanent easement or 30-year contract, NRCS will offer to pay at least 50 percent but not more than 75 percent of such costs. The landowner's share of the WRPO implementation costs may be withheld from the easement or 30-year contract payment. (b) Payments may be made only upon a determination by NRCS that an eligible conservation practice or component of the conservation practice has been implemented in compliance with appropriate NRCS standards and specifications; or an eligible activity has been implemented in compliance with the appropriate requirements detailed in the WRPO. (c) Payments may be made for repair or replacement of an eligible conservation practice or activity, if NRCS determines that the conservation practice or eligible activity is still needed and that the disrepair or failure of the original conservation practice or eligible activity was due to reasons beyond the control of the participant. (d) A participant may seek additional assistance from other public or private organizations as long as the conservation practices or eligible activities funded are approved by NRCS and implemented in compliance with this part. | ||||
| 7:7:10.1.2.2.32.3.330.8 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.37 Easement and 30-year contract participation requirements. | CCC | (a) Easement requirements. (1) To enroll eligible land in ACEP-WRE through the permanent or 30-year easement option, a landowner will grant an easement to the United States. The easement will require that the easement area be maintained in accordance with ACEP-WRE goals and objectives for the duration of the term of the easement, including the restoration, protection, enhancement, maintenance, management, and monitoring of wetland and other land functions and values. (2) For the duration of its term, the easement will require, at a minimum, that the landowner and the landowner's heirs, successors, and assigns will cooperate in the restoration, protection, enhancement, maintenance, management, and monitoring of the land in accordance with the warranty easement deed and with the terms of the WRPO. In addition, the easement will grant to the United States: (i) A sufficient right of legal access to the easement area, (ii) The right to authorize compatible uses of the easement area, including but not limited to such activities as hunting and fishing, managed timber harvest, water management, or periodic haying or grazing, if such use is consistent with the long-term protection and enhancement of the wetland resources for which the easement was established, (iii) All rights, title, and interest in the easement area except those rights specifically reserved in the deed, and (iv) The right to restore, protect, enhance, maintain, manage, and monitor activities on the easement area. (3) The landowner will convey title to the easement in a manner that is acceptable to NRCS. The landowner will warrant that the easement granted to the United States is superior to the rights of all others, except for title exceptions deemed acceptable by NRCS. (4) The participant will— (i) Comply with the terms of the easement, (ii) Comply with all terms and conditions of any related contract or agreement, (iii) Agree to the permanent retirement of any existing cropland base and allotment history for the easement area, as determine… | ||||
| 7:7:10.1.2.2.32.3.330.9 | 7 | Agriculture | XIV | B | 1468 | PART 1468—AGRICULTURAL CONSERVATION EASEMENT PROGRAM | C | Subpart C—Wetland Reserve Easements | § 1468.38 Development and revision of the WRPO and associated compatible use authorizations. | CCC | (a) The WRPO will be developed and updated as determined by NRCS in consultation with the State technical committee and consideration of available site-specific technical input from FWS at the local level and others as appropriate. (b) The WRPO will specify the manner in which the enrolled land will be restored, protected, enhanced, maintained, managed, and monitored to accomplish the goals of the program. The WRPO, and any revisions thereto, will be developed to ensure that cost-effective restoration and maximization of wildlife benefits and wetland functions and values will result. Specifically, the WRPO will consider and address, to the extent practicable, the onsite alterations and the offsite watershed conditions that adversely impact the hydrology and associated wildlife, water quality, and wetland functions and values. (c) The WRPO will identify the conservation practices and eligible activities needed to restore the functions and values on the enrolled land. NRCS may review, revise, and supplement the WRPO as needed throughout the duration of the enrollment to ensure that program goals are fully and effectively achieved. Revisions to the WRPO may result in the addition of conservation practices or eligible activities needed to enhance, maintain, manage, repair, replace or otherwise to protect the functions and values of the easement or 30-year contract area. (d) As required by the terms of the easement deed as described in § 1468.37(a)(2)(ii) or 30-year contract as described in § 1468.37(b)(2)(ii), NRCS may, in its sole discretion, authorize the landowner to conduct compatible uses as defined in this part on the easement or contract area. Compatible use authorizations are time-limited and may be modified or rescinded at any time by NRCS. In evaluating and authorizing compatible uses of the easement or contract area, NRCS will— (1) Consider whether the authorized use will facilitate the practical administration and management of the land subject to the easement or contract; and (2) Ensure that the aut… |
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