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A project of the National Center for Appropriate Technology                              1-800-346-9140 • www.attra.ncat.org


Federal Conservation Resources for
Sustainable Farming and Ranching
By Jeff Schahczenski                          This publication offers an overview of the major federal conservation programs that provide resources
NCAT Program Specialist                       for farmers and ranchers to enhance and maintain sustainable farming and ranching practices. The level
2007; Updated 2010                            of available conservation resources for this area has dramatically increased since 2002. This guide helps
©NCAT                                         farmers and ranchers make their way through the often complex and difficult application processes.
                                              Access to these resources can open new opportunities to preserve agricultural lands, develop sustainable
                                              practices, and open new markets.
Contents
Introduction ......................1
Federal Conservation
Resources and Your
Farm or Ranch...................3
What’s Available?
Overview of Federal
Conservation Resources                                                                                                     Doug Crabtree and
for Working Lands...........4                                                                                              Anna Jones-Crabtree
Conservation Programs                                                                                                      farming on their 1,280-acre
and USDA Agency                                                                                                            organic farm in Montana.
Responsibilities ................4                                                                                         After finishing spring 2010
Know the Programs:                                                                                                         seeding. Photo by
Working Land vs.                                                                                                           Anna Jones-Crabtree.
Retiring Land ..........................5
National vs. Local
Differences in
Program Details ...............6
Working Lands
Programs ............................6
Environmental Quality
Incentive Program
(EQIP) ...................................8                                                          right time and opportunity to return to the
Farm and Ranch
                                              Introduction                                           land ever since.”  
Land Protection


                                              A
Program (FRPP) ............. 14                        nna Jones-Crabtree and Doug Crabtree          NRCS programs were critical to the Crabtrees’
Appeals ............................ 15                are beginning farmers in their early for-     ability to begin organic farming. Anna says, “The
Conclusion ...................... 16                   ties returning to their agricultural roots.   EQIP Organic Initiative came at just the right
References ...................... 18          They have benefited greatly from new Natural           time for us as we literally started our operation
Resources ........................ 18         Resources Conservation Service (NRCS) pro-             from scratch in 2009. The EQIP Organic Initia-
                                              grams. With 1,280 acres of certified organic           tive provided additional financial support as part
                                              cropland, Anna and Doug were awarded an                of our start-up package. Practices we are imple-
The National Sustainable                      Environmental Quality Incentive Program                menting include organic transition, nutrient
Agriculture Information Service,
ATTRA (www.attra.ncat.org),                   (EQIP) contract through a special initiative to        management, pest management, flex-crop, cover
was developed and is managed
by the National Center for
                                              assist organic farmers and ranchers. They have         crop, field borders, and seeding pollinator species.
Appropriate Technology (NCAT).                also applied for the new NRCS Conservation             Because we are considered beginning farmers, we
The project is funded through
a cooperative agreement with                  Stewardship Program (CSP).                             were able to be included in the beginning farmer
the United States Department
of Agriculture’s Rural Business-              As Doug explains “Farming is the only thing            set-aside for the EQIP program.”
Cooperative Service. Visit the
NCAT website (www.ncat.org/                   I ever wanted to do.  I believe farming is the         Th is publication will help the reader under-
sarc_current.php) for
more information on                           most important avocation.  I grew up on a              stand how to capture these and other federal
our other sustainable
agriculture and
                                              farm that did not make it through the farm             conservation benefits that help the bottom line
energy projects.                              crisis of the ‘80s and have been waiting for the       and promote more sustainable agriculture.
Organic Production and New NRCS Programs
                         The Crabtrees were awarded a contract under                      the soil profile. NRCS’s use of this spec-
                        a special Organic Initiative of EQIP that allows                  ification was to help inform fertilizer
                        organic and transitioning organic growers to                      application rates which according to
                        receive financial assistance for implementing                     the contract item description included
                        conservation practices as part of their Organic                   determining necessary “green manure
                        Systems Plan or Organic Transitions Plan. How-                    crops, manure application, legumes
                        ever, since this special initiative is new (first                 in rotation, or other forms of accept-
                        offered in 2009), specific technical assistance                   able plant nutrients.” Our challenge
                        has not been strong. As Doug and Anna say,                        was that our rotation system included
                        “NRCS has been supportive of our efforts and                      green manures, and legumes in rota-
                        wonderful on the logistics of the actual con-                     tion and tillage and we wanted to use
                        tract.  However, their need to support a signifi-                 soil tests to determine the baseline of
                        cant number of producers limits their ability                     the soil nutrients as a place to inform
                        to spend time understanding our integrated                        our rotational practices, not inform
                        systems approach. Overall, their understand-                      our application of fertilizer. NRCS staff
                        ing of organic agriculture in general could be                    was well-versed in fertilizer rates and
                        better.  For our farm, we are attempting to take                  applications but seemed to have lim-
                        a whole-farm systems approach and imple-                          ited flexibility in tailoring practices and
Related ATTRA           ment practices together in an integrated way.                     specifications to fit alternative farming
publications            When NRCS administers EQIP contracts, they                        systems such as ours.
                        approach each type of practice individually so
Organic                 the ability to tailor a specific practice to fit the          •   Coordination between NRCS and the
Certification Process   overall farming system is limited.”                               Farm Service Agency (FSA) could be
                                                                                          stronger.  Although the two offices
Entertainment           The Crabtrees are also pursuing support from the                  were located in the same building, we
Farming and             new Conservation Stewardship Program (CSP).                       had to obtain documents from one
Agri-Tourism            However, differences between organic practices                    agency to take to the other. It had been
                        and historical NRCS conservation practice stan-                   quite a while since FSA had entered any
Green Markets
                        dards can cause problems. As Doug says, “Two                      brand new producers into their system.
for Farm Products       enhancements that we looked closely at imple-                     Additionally, as Beginning Farmers it was
Sustainable             menting, namely non-chemical methods to kill                      challenging to understand what paper-
Agriculture:            cover crops (WQL17), and Use of Cover Crop                        work on what timelines was necessary to
An Introduction         Mixes (SQL04) illustrates how NRCS needs to bet-                  fill out for alphabet soup of USDA pro-
                        ter understand organic cropping systems. These                    grams. Although everyone was helpful,
Pursuing                enhancements, which would otherwise be a                          it took us awhile, with lots of questions,
Conservation            good fit for our system, include the requirement                  to make sure we understood the docu-
Tillage Systems         that crops must be no-tilled after the cover crop                 mentation and form requirements.
for Organic             is terminated. Appropriate tillage is critical to weed
Crop Production         control and moisture management in our dryland           Even with these challenges, the EQIP program has
                        organic system. Not all tillage is created equal and     been an important piece of the Crabtrees’ whole-
Overview of             it seems as if there is a bias towards only no-till      farm approach to conservation. As they say, “There
Cover Crops and         approaches in several of the enhancements. We            needs to be more NRCS staff overall, and specifi-
Green Manures           would really like to experiment with mowing and          cally, more staff training and understanding of the
                        undercutting as less-invasive means of terminat-         whole-farm system approach that is inherent in
                        ing our green manure crops. But, due to the no-till      organic. This is crucial for NRCS to be able to pro-
                        requirement, our adoption of CSP enhancements            vide a higher level of technical support. Organic
                        has been greatly limited.”                               approaches are more than just the elimination of
                                                                                 pesticides, but rather a more integrated way of
                        The Crabtrees noted a couple of challenges in
                                                                                 approaching rotations, soil health and farm resil-
                        the EQIP program requirements: 
                                                                                 iency. The NRCS field staffs need to have more
                              •   Soil testing requirements for the nutri-       training in organic agriculture if they are going to
                                  ent management practice. The NRCS              be helpful to organic farmers trying to use these
                                  contract required soil testing at three        programs. Our hope is that by working together
                                  depths (0-6”, 6”-12”, 12”-24”).  This is       we will not only help producers who want to move
                                  because surface application of fertilizer      to organic systems but also inform NRCS practices
                                  (especially nitrogen) tends to stratify the    and standards to support conservation activities
                                  nutrients, and without tillage there isn’t     in farming systems that are not dependent on the
                                  any mixing of the applied substance in         use of off-farm fertilizers and pesticides.” 


Page 2        ATTRA                              Federal Conservation Resources for Sustainable Farming and Ranching
Federal Conservation                                      publications Entertainment Farming and Agri-
                                                          Tourism and Green Markets for Farm Products.)
Resources and Your
                                                          Engaging in federal conservation programs can
Farm or Ranch                                             also move your farm or ranch in more sustainable
Since 1985, the federal government has provided           directions. (See the ATTRA publication Sustain-
significant benefits to American farmers and              able Agriculture: An Introduction.) “Whole” farm
ranchers either by retiring marginal and environ-         or ranch planning—which assesses the goals and
mentally sensitive lands or by cost-sharing the           potential resources of the farm or ranch—will
adoption of improved conservation practices on            likely be necessary for farmers or ranchers inter-
working lands. Since 2002, working-lands con-             ested in maximizing the benefits of these con-
servation has enjoyed accelerated support. Pro-           servation programs. Even those unable to take
grams that support agricultural land preservation         advantage of a particular program can come away
(Figure 1) have also been initiated. Learning how         with a valuable learning experience through the
to take advantage of these important, but often           very process of applying. Learning how federal
complicated, programs can help farmers and                conservation programs work and going through
ranchers lower operational risk, provide tangible         the application process usually helps you bet-
rewards for the contributions that conservation           ter understand current innovative farming and
practices provide in improving soil, air, and water       ranching practices. Also, by engaging in federal
quality; increasing profitability; and making             conservation programs, you learn to be a more
farming and ranching more rewarding in general.           active citizen and help make these programs work
                                                          better for all farms and ranches in your commu-
Another important reason to take advantage of
                                                          nity, state, and nation.
expanding federal conservation programs is that
the application process itself helps farmers and          Finally, if you are of limited resources, socially
ranchers see their operations from new perspec-           disadvantaged, or a beginning farmer or
tives. Th is alone can alert farmers and ranch-           rancher, most programs provide either a com-
ers to new market opportunities. For example,             petitive advantage or higher levels of support.
transitioning to an organic production system             The definitions of these special categories are
on your farm or ranch may lead to higher value            very specific, however, so make sure you meet
for your crops and livestock. (See the ATTRA              the requirements before assuming eligibility.


    Figure 1
    Trends in USDA conservation expenditures, 1983-2005
    Billion dollars
    5
               Conservation technical assistance                 Agricultural land preservation
               Land retirement programs                          Other major conservation programs
               Working land programs
    4



    3



    2


    1



    0
   1983                   1987                1991           1995               1999                 2003

  Source: Office of Budget and Policy Analysis, USDA, and the Congressional Budget Office

Conservation Program Design—contrasting working-land and land retirement programs. (ERS, 2006)

www.attra.ncat.org                                                                                             ATTRA   Page 3
simply because the process is often difficult and
 Some Def initions                                                             intimidating. The programs contain an “alpha-
                                                                               bet soup” of acronyms and bureaucratic jar-
    •    Limited-Resource Farmers and Ranchers. A limited-
                                                                               gon particularly difficult to understand for first-
         resource farmer or rancher is defined as: (a) a person with
         direct or indirect gross farm sales of not more than $100,000
                                                                               time applicants. The goal here is to present a
         in each of the previous two years (increased each fiscal year         simplified overview that outlines the essential
         since 2004 to adjust for inflation); and (b) has a total house-       step-by-step process to obtain these resources
         hold income at or below the national poverty level for a              and benefits. The intent is also to help you
         family of four, OR less than 50 percent of county median              understand the general purpose of the programs.
         household income in each of the previous two years (to be
                                                                               This publication concentrates on resources
         determined annually using Commerce Department data).
                                                                               available from the Natural Resources Con-
         USDA offers an online Limited Resource Farmer/Rancher
                                                                               servation Service (NRCS). The United States
         Self-Determination Tool to determine whether you meet
         this definition.
                                                                               Department of Agriculture (USDA) is the
                                                                               agency most engaged with agricultural con-
    •    Beginning Farmer or Rancher. A beginning farmer or                    servation practices. The other major USDA
         rancher is defined as an individual or entity who: (a) has            division involved in conservation efforts is the
         not operated a farm or ranch, or who has operated a farm              Farm Service Agency (FSA). The FSA shares
         or ranch for not more than 10 consecutive years (required             administrative responsibility with the NRCS
         of all members of an entity); and (b) will materially and             for the Conservation Reserve Program (CRP)
         substantially participate in the operation of the farm                and the Grassland Reserve Program (GRP).
         or ranch.                                                             FSA also has responsibility for the Conservation
                                                                               Reserve Enhancement Program (CREP) and the
    •    Socially Disadvantaged Farmer or Rancher. A socially                  Emergency Conservation Program (ECP).
         disadvantaged group is one whose members have been
         subjected to racial or ethnic prejudice because of their
         identity as members of the group, without regard to                   Conservation Programs
         individual qualities. A socially disadvantaged farmer or              and USDA Agency
         rancher is a member of a socially disadvantaged group.
         Groups in particular localities subjected to racial or ethnic         Responsibilities
         prejudice are determined by the United States Secretary of            The first step in accessing these federal resources
         Agriculture. Check with your local or state NRCS offices for          should be the development of a Natural
         more details. See Further Resources.                                  Resources Conservation Service (NRCS) con-
                                                                               servation plan. An NRCS conservation plan is
                                                                               helpful because it involves the agency early in
                                                                               the process. Even if you have done prior plan-
                           When in doubt regarding eligibility require-        ning, it is still important to get NRCS assistance
                           ments, check with the local office of the federal   in translating your existing planning efforts into
                           agency in charge of the specific program. See       agency language. The local NRCS agent can
                           Resources at the end of this publication.           evaluate your eligibility for the kinds of federal
                                                                               programs available to you.
                           What’s Available? Overview                          While this may be the ideal process, fi nding
                           of Federal Conservation                             available NRCS staff to assist with this kind of
                                                                               planning is often difficult. The actual process
                           Resources for Working Lands                         often begins with the farmer or rancher contact-
                           The complexity of federal conservation              ing the local NRCS field office (see Resources )
                           programs—and in particular the applica-             about a specific conservation program. The con-
                           tion process itself—is perhaps one of the big-      servation planning begins with a discussion of
                           gest reasons many farmers and ranchers do not       the application process and eligibility require-
                           use these resources. The programs are volun-        ments for that program, rather than with devel-
                           tary, and many opt out of using the programs        opment of a comprehensive conservation plan.




Page 4        ATTRA                                 Federal Conservation Resources for Sustainable Farming and Ranching
USDA Agency               Program                                     Description
                           Environmental Quality Incentive             Financial support for conservation improvements
                           Program (EQIP)                              and to meet regulatory requirements
 Natural Resources         Conservation Stewardship Program
                                                                Financial support for current performance and
 Conservation Service      (CSP)—formerly Conservation Security
                                                                future conservation improvements
 (NRCS)                    Program
                           Farm and Ranchland Protection               Cost-share for farm and ranchland protection
                           Programs (FRPP)                             through easements
                                                                       Annual payments to keep sensitive land out of
                           Conservation Reserve Program (CRP)
 Farm Service Agency                                                   agricultural production
 (FSA) and NRCS                                                        Annual payments to keep land in native
                           Grassland Reserve Program (GRP)
                                                                       grasslands
                                                                       Annual payments to keep riparian areas out of
                           Conservation Reserve Enhancement
                                                                       agricultural production (requires state matching
                           Program (CREP)
                                                                       funds)
 Farm Service Agency
 (FSA)                                                                 Rehabilitation of farmland damaged by natu-
                           Emergency Conservation Program
                                                                       ral disasters and emergency water conservation
                           (ECP)
                                                                       measures in periods of severe drought

Indeed, NRCS recognizes the difficulty in           The working lands programs provide financial
assisting farmers and ranchers in preparing com-    resources. These may be either incentive pay-
prehensive conservation plans. In one attempt to    ments or “cost-share” for farmers or ranchers
address this lack of planning resources, NRCS       to implement the practices or build structures
in 2005 began a special pilot project to bring      on working agriculture lands. NRCS has many
additional resources to planning efforts. Unfor-    quality criteria for resource management and
tunately, the pilot project was available in only   a list of hundreds of technical practice stan-
limited areas of nine states and lasted only one    dards that define the minimal acceptable levels
year. As a result of the Food, Conservation, and    for natural resource conservation and environ-
Energy Act of 2008 (otherwise know as the           mental protection.
Farm Bill), the NRCS is currently establish-
ing support under the Environmental Qual-           Understanding these technical standards can be
ity Incentive Program (EQIP) to fund what           complicated for people not familiar with NRCS
are termed conservation activity plans. Make        protocols and jargon. However, if you are serious
sure you ask local NRCS about such funding if       about taking full advantage of the programs,
applying for the EQIP program discussed below.      some understanding of these standards and the
                                                    systems of resource management is important.
Barring the availability of assistance from local   The major resource for understanding techni-
NRCS staff, however, farmers and ranchers           cal standards and the general program evalua-
should still put some effort into farm or ranch     tion processes is the Field Office Technical Guide
conservation planning. Doing so prepares appli-     (FOTG). Th is guide is available online as the
cants to interact effectively with NRCS staff.      eFOTG www.nrcs.usda.gov/technical/efotg/. This
ATTRA has several resources to help with this       guide is “localized” down to the county level,
kind of planning planning, available online or at   so get the copy relevant to your farm or ranch
800-346-9140.                                       locale. NRCS prides itself on soliciting local
                                                    input for program development. Consequently,
Know the Programs:                                  there is some variation among available pro-
Working Land vs. Retiring Land                      grams, particularly for working lands.
Federal conservation programs can be divided        The Farm and Ranchland Protection Program
into two broad categories: working lands pro-       (FRPP) is intended to preserve working farms
grams and land retirement or easement programs.     and ranches. Technically, this program might

www.attra.ncat.org                                                                                       ATTRA    Page 5
not be a working-lands conservation program           Working Lands Programs
                 because the program’s intent is to protect farm
                 or ranch lands from conversion to suburban or         Conservation Stewardship
                 urban development.
                                                                       Program (CSP)
                 Land retirement or easement programs like the         The newest and perhaps the most confusing fed-
                 Conservation Reserve Program (CRP), on the            eral conservation program is the Conservation
                 other hand, either permanently or temporar-           Stewardship Program or CSP. As noted earlier,
                 ily pay farmers or ranchers to keep land out of       this program was substantially changed by Con-
                 agricultural production entirely. Some easement       gress with the passage and subsequent imple-
                 conservation programs do allow certain produc-        mentation of the 2008 Farm Bill. This program
                 tive uses of easement land, but generally these       is unique because it rewards farmers and ranch-
                 programs were established to take land out of         ers for current conservation practices, and for
                 substantial productive use.                           putting in place new conservation practices and
                                                                       enhancements over a five-year contract period.
                                                                       This new program provides payment on a per-
                 National vs. Local Differences                        acre basis for conservation performance, rather
                 in Program Details                                    than a payment to share in the cost of the adop-
                                                                       tion of new practices.
                 Another important thing to know before apply-
                 ing for federal conservation programs is that         The program allows all farmers and ranchers
                 program details can change substantially from         to apply at any time, but to begin a contract
                 state to state and even county to county. As          in a specific federal fiscal year, there are spe-
                 noted above, NRCS has been an agency that             cific deadlines announced by the NRCS. The
                 prides itself on being adaptable to state and         2009 allocation of funds to farmers and ranch-
                 local concerns. The logic of this approach makes      ers under this program is complete, with over
                 some sense. Land use for agriculture varies dra-      10,000 contracts awarded, valued at almost
                                                                       $145 million dollars. The 2010 final allocations
                 matically in different parts of the country. For
                                                                       are not yet available as of this writing (Septem-
                 instance, the best conservation grazing manage-
                                                                       ber 2010). Unfortunately, the program allows
                 ment practices for southwest Montana are sub-         annual funding for only12.8 million acres per
                 stantially different from those in central Florida.   year to be enrolled, so the competition for pro-
                 On the other hand, local determination of             gram funds is significant. Successful applicants
                 program criteria is often a source for confu-         for CSP can receive up to $200,000 in benefits
                 sion about what programs can and do offer. In         over the five-year contract period.
                 Montana, for instance, some NRCS programs             Below is a basic step-by step-outline for appli-
                 provide resources for ranchers to improve fish        cation along with important information and
                 passage around irrigation diversions. But the         forms that can help in getting ready to apply for
                 programs apply only to certain areas of the state,    this program.
                 despite the fact that most areas have important
                                                                       Step 1- Examine and/or fill-out the
                 fi sh passage problems. The best way to avoid         Self-Screening Checklist to assess your
                 confusion is to go to the respective state NRCS       eligibility and the requirements of program.
                 website for specific details of a program in that
                                                                       Download the Self Screening Checklist
                 state. Another way to clear up confusion is to
                 talk with local and state-level NRCS staff.           If you have any questions about the questions or
                                                                       your answers contact your local NRCS staff person
                                                                       designated for the CSP.
                    Note: Check with both local and state-
                                                                       This screening tool introduces an important term
                    level NRCS staff. Sometimes local staffers
                                                                       called the “stewardship threshold.” The steward-
                    do not know that funding differences exist
                                                                       ship threshold is defined as the level of natural
                    between areas. State-level staffers often
                                                                       resource conservation and environmental manage-
                    have that information.
                                                                       ment required to conserve and improve the quality
                                                                       and condition of a natural resource. This threshold



Page 6   ATTRA                            Federal Conservation Resources for Sustainable Farming and Ranching
will be measured by a new tool devised for the          However, each state NRCS office has chosen
program called the Conservation Measurement             specific priority resources of concern and these
Tool (CMT), discussed below. Meeting these stew-        will affect the ranking system in each state. To find
ardship thresholds is important because applicants      out the priorities for each state, contact your NRCS
must demonstrate at the time of application that        office or look for that information on your state’s
they are meeting the stewardship threshold for at       NRCS website. Link available at: www.nrcs.usda.gov/
least one resource of concern and that they com-        about/organization/regions.html.
mit to meeting the stewardship threshold for one
additional resource of concern during the five-year     It is important to note that this tool is new
contract term.                                          and not extensively tested. It is expected to be
                                                        available online, but it is important that you ask
Step 2- Make initial application                        many questions of your local NRCS office staff so
The basic application form is: NRCS-CPA-1200            that you understand exactly what is being asked
http://www.nrcs.usda.gov/programs/eqip/PDFs/            and that the information is being entered in the
Blank_EQIP_CCC1200.pdf.                                 tool correctly.

If you have NOT received federal agriculture fund-      The NRCS has provided a list of conservation and
ing in the past or are a brand new farmer or rancher,   enhancement activities that are part of the CMT. It
you will need to establish yourself as a legal farm     can be examined at www.nrcs.usda.gov/programs/
by registering with the Farm Service Agency (FSA)       new_csp/csp.html.
and getting a Federal Farm ID number. NRCS and
                                                        Once ranked, applicants will be chosen by
FSA field offices are often located in the same loca-
                                                        moving down the list of ranked applicants
tion, known as a Farm Service Center.
                                                        until the program acreage limit for each state
Some additional forms that will likely be needed        is reached. The total national program acreage
to establish basic eligibility are:                     is 12.8 million acres for each of the five years
      • AD-1026 Highly Erodible Land Conserva-          of the program.
         tion and Wetland Conservation Certifica-       Step 4- Work out contract payments
         tion (available at local NRCS offices)         and details
      • CCC926 Adjusted Gross Income Certifi-
                                                        Payment amounts will be determined by
         cation (available at local NRCS offices)
                                                        three factors.
      • Special Directive to NRCS to assist
                                                             •   Expected environmental benefits as
         farmers and ranchers without previous
         FSA registration                                        indicated by the Conservation
                                                                 Measurement Tool
Step 3- Ranking and the Conservation                         •   Costs incurred by the farmer or rancher
Measurement Tool (CMT)                                           associated with the planning, design,
After establishing eligibility and submitting an                 materials, installation, labor, manage-
application, the next step is to work with local                 ment, maintenance or training for
NRCS staff to establish a ranking score. NRCS staff              conservation activities
will use new software called the Conservation                •   Income forgone by the producer as a
Management Tool (CMT) to establish your ranking                  result of conservation activities that
score. CMT is designed to evaluate applicants’ exist-            are undertaken
ing conservation levels and proposed additional
improvements. Broadly, the CSP targets funding          Overall CSP payments are expected to aver-
for the following:                                      age $18 per acre nationwide, but the rate
      • To address particular resources of              will vary by land type, the extent of existing
          concern in a given watershed or region        conservation that will be managed and
                                                        maintained, and the extent of new conserva-
      • To assist farmers and ranchers to
                                                        tion practices and activities agreed upon. Indi-
          improve soil, water, and air quality
                                                        vidual CSP payments will depend on the details
      • To provide increased biodiversity               of each contract. Payments to contract hold-
          and wildlife and pollinator habitat           ers will be made after October 1 of the year
      • To sequester carbon and reduce                  the conservation has been accomplished. For
          greenhouse gas emissions to mitigate          example, if the terms of the contract are fulfilled
          climate change                                during the spring and summer, the accompany-
      • To conserve water and energy                    ing payments will be made in the fall.



www.attra.ncat.org                                                                                              ATTRA   Page 7
Contract, Field Verification, and                      Socially Disadvantaged,
                 Conservation Stewardship Plans                         Limited Resource, and
                 As part of successful applicant contract develop-      Beginning Farmer Benefit
                 ment, the NRCS is required to visit each applying      The new (2010) regulatory rules for implementa-
                 farm or ranch to verify information provided in        tion of the CSP provide the possibility of a mini-
                 the application. In addition, the development of a     mum payment for farms that both qualify for the
                 conservation stewardship plan is required. A con-      program and are operated by socially disadvan-
                 servation stewardship plan is the schedule of the      taged, Limited Resource or Beginning Farmer
                 conservation activities to be implemented, man-        (see definitions above). Please check with your
                 aged, or improved during the contract period.          local NRCS office about this possible benefit.

                 Specialty Crops,                                       Environmental Quality
                 Organic Production,                                    Incentive Program (EQIP)
                 and Technical Assistance
                                                                        The Environmental Quality Incentive Program
                 The implementation rules for the new CSP               (EQIP) is the largest NRCS working lands pro-
                 require the NRCS to make a special commitment          gram, with annual budgets around $1 billion
                 to providing technical assistance to organic and       since 2002. EQIP provides incentives to farmers
                 specialty-crop producers. In particular, NRCS          and ranchers for two major purposes. First, the
                 has provided the following document to help            program helps farmers and ranchers to improve
                 organic farmers applying to the program. Organic       their conservation practices. Second, the program
                 Crosswalk www.nrcs.usda.gov/programs/new_csp/          helps farmers and ranchers to comply (or stay in
                 special_pdfs/Organic_Crosswalk_091009_dl.pdf .         compliance) with federal environmental regula-
                                                                        tions such as the Clean Water Act.
                 Resource-Conserving                                    For example, EQIP has provided substantial
                 Crop Rotations                                         federal resources to assist farmers and ranchers
                                                                        to stay in compliance with regulations in regard
                 In the new CSP, there is special emphasis on and
                                                                        to the operation of Confined Animal Feed-
                 supplemental funding for applicants who under-
                                                                        ing Operations (CAFOs) and Animal Feed-
                 take a resource conserving crop rotation. What
                                                                        ing Operations (AFOs). Such support has often
                 constitutes such a rotation is still less than clear
                                                                        included controversial issues involving large-
                 and will require careful discussion with NRCS
                                                                        scale dairies and commercial feedlots. Since
                 field staff in your location.
                                                                        2002, the NRCS has been required to try to
                                                                        achieve a target of 60 percent of EQIP expendi-
                 Size and Program Limitations                           tures for livestock conservation practices. While
                                                                        not all of that livestock-related EQIP funding
                 To constrain total spending on the program,            has gone to resolve CAFO/AFO issues, a large
                 the new CSP limits the total acreage available to
                                                                        percentage has. However, despite these envi-
                 12.8 billion in each of the five years of the pro-
                                                                        ronmental regulatory aspects to EQIP, there
                 gram. In addition, as noted, the law sets a target
                                                                        have been many farmers and ranchers who have
                 of an average of $18 per acre nationwide. These
                                                                        improved conservation practices and their bottom
                 limitations may make it difficult for very small
                                                                        lines by participating in this program (see box).
                 farms to reconcile the effort of participation in
                 the program with the ultimate benefit. This issue      The 2008 Farm Bill introduced a special EQIP
                 is a concern for NRCS and they have stated in          organic initiative which particularly supports
                 the implementation rules for the program that          existing organic farmers and ranchers and those
                 they do not want to limit producer participation       who might want to make the transition to organic
                 because of size or type of operation. If you have      production. This special EQIP organic initia-
                 a smaller farm, please discuss this issue with your    tive has been in operation just since 2009, and
                 local NRCS staff.                                      program details are still being fully developed.



Page 8   ATTRA                             Federal Conservation Resources for Sustainable Farming and Ranching
EQIP Helps Cranberry Growers
  In 2004 and 2005, 13 Wisconsin cranberry growers signed EQIP cost-sharing contracts to help address the unique environ-
  mental concerns with surface and groundwater quality associated with that crop. Irrigation-water management and pest
  management are being implemented on all of the participating marshes, and 9 of the 13 contracts also include nutrient
  management. These three management practices form the basis of comprehensive Resource Management Systems on
  cranberry marshes. By necessity, cranberries are grown very close to water in order to flood the beds for frost protection
  and harvest. Cranberries are native to wet soils with typically high water tables. Even with very careful management, nutri-
  ents and pesticides may be easily transported to surface and groundwater. Nutrient-management activities are focused on
  reducing applications of phosphorous fertilizer to protect water quality. Pest management incentive payments are being
  used to offset the costs associated with implementing integrated pest management (IPM) and to reduce the environmen-
  tal hazards associated with using high-risk pesticides.
  Irrigation water management is focused on increasing irrigation efficiencies
  and uniformity of application to conserve water and to limit leaching and run-
  off of fertilizers and pesticides. Additional conservation efforts being funded
  through EQIP include erosion control projects, replacing inefficient irrigation
  systems, and installing irrigation tailwater recovery systems for the recycling
  and reuse of water.
  More than $500,000 in EQIP funding has been obligated to these contracts.
  These funds will result in conservation efforts in excess of $1 million when labor,
  equipment, and material costs are included.




Unlike CSP, EQIP has from time to time                 Big Hole River watershed. The drainage has
allocated resources to special sub-programs as         faced severe drought, and a population of Arc-
determined by NRCS. Currently there are three          tic grayling—the last remnant of this trout spe-
special regional and national EQIP sub-programs.       cies in the lower 48 states—may be enhanced
                                                       through the funding.
     • Colorado River Basin Salinity Control
       Program - This program reduces salin-           Applicants should realize that EQIP is a very
       ity by preventing salts from dissolving         competitive program and is under-funded relative
       and mixing in the Colorado River.               to demand by farmers and ranchers (see Figure
     • Ground and Surface Water Conserva-              3). This means you must make sure to develop a
       tion Program - Th is program focuses            comprehensive plan of the conservation practices
       attention on conservation practices             integrated into your farm or ranch before you
       that result in net saving of ground and         apply for the EQIP. Also, pay close attention to
       surface water as determined by state            those elements of your plan that fit with the pri-
       NRCS offices.                                   orities that NRCS has identified as important for
                                                       funding in the year you wish to apply.
     • Klamath Basin Program - This is a locally
       led conservation effort for farmers, ranch-
       ers, tribes, and other private landowners       EQIP Eligibility
       in the Klamath River Basin in northern          There are only three exceptions to EQIP eligibil-
       California and southern Oregon.                 ity. First, the applicant must be in compliance
                                                       with highly erodible land and wetland conserva-
These special EQIP sub-programs will not be
                                                       tion practices. Known commonly as “sodbuster”
discussed here, but further information is avail-
                                                       and “swampbuster” provisions, these excep-
able from your state NRCS office. Finally, even
                                                       tions prevent EQIP from extending benefits to
within states, the leading administrative agents
                                                       producers who have previously brought highly
for NRCS, the State Conservationists, can also
                                                       erodable land and converted wetlands into agri-
set aside part of the state EQIP allocations for
                                                       cultural production.
special projects of importance to an individual
state. For instance, in Montana, a special EQIP        Second, individuals or entities that have an aver-
project was set up to provide resources for the        age adjusted gross income exceeding $2.5 million

www.attra.ncat.org                                                                                          ATTRA       Page 9
Figure 3. Map courtesy of USDA/NRCS.




                          for the three tax years preceding application are     with your local NRCS agent or state office for
                          not eligible. There is an exception to this rule if   the deadlines for your state.
                          the individual or entity can document that 75
                          percent of the adjusted gross income ($1.875
                          million) came from farming, ranching, or for-            Remember, the NRCS runs on the federal
                                                                                   government’s fiscal cycle of October 1–
                          estry operations. Essentially, this provision lim-
                                                                                   September 30, and not the calendar year.
                          its very wealthy individuals who don’t receive           Funding allocations are available to each
                          income from agricultural and forestry operations         state for that fiscal year only.
                          from receiving federal conservation benefits.
                          Third, a person or entity cannot apply for EQIP
                          if a maximum benefit of $450,000 ($300,000
                          after 2008) has been reached through the pro-
                                                                                Determining EQIP Benefits
                          gram over the past five years. All categories of      Benefits are determined by an NRCS evaluation
                          land use are eligible, including non-industrial       of the farmer’s or rancher’s application against a
                          forest lands. Interestingly, any land determined      set of funding priorities known as the “ranking
                          to pose a serious threat to soil, air, water, or      criteria.” These criteria are set at the national,
                          related resources is also eligible.                   state, and county levels. In some larger states
                                                                                such as California, or where demand for pro-
                          Finally, applications are accepted by state NRCS      gram benefits is high, a “pre-screening” set of
                          offices year-round, but there are specific dates by   selection criteria is often used. As noted, this is
                          which you must have submitted your application        a competitive program, and each state has the
                          in order to be eligible in any particular funding     ability to prioritize which resources are of special
                          year. Each state sets its own deadlines, so check     concern, even down to the county level.


Page 10       ATTRA                                Federal Conservation Resources for Sustainable Farming and Ranching
ranch. However, there is often a fairly wide vari-
   The NRCS gets advice on setting these pri-         ety of conservation practices available to appli-
   orities from two governance committees:            cants and it is often hard to tell without going
   the state technical advisory committee             through the process how your planned changes
   (state-level) and the “local working groups”       will be “ranked.”
   (see governance section).
                                                      Below is a copy of just one part of the ranking
                                                      criteria from Reeves County, Texas. This illus-
Thus, each state’s set of priorities is different     trates several aspects of EQIP in Texas. First,
and in any given year may not reflect the needs       the state NRCS—at least in this county—has
you have identified in planning for your farm or      identified Animal Feeding Operations (AFO/



   EQIP Program in Reeves County, Texas, 2006
   The Environmental Quality Incentives Program (EQIP) offers cost-share assistance to agricultural producers to implement
   on-farm conservation practices. The Natural Resources Conservation Service (NRCS) determines eligible producers for the
   EQIP program and determines eligible land. Eligible producers may apply for cost-share assistance on conservation practices
   that will address the resource concern identified by the Local Work Group (LWG).
   Reeves County Office Information
   Interested agricultural producers may apply in person at the Reeves County USDA Service Center. Applicants may also request
   EQIP assistance by telephone, fax, e-mail, or letter.


     State Resource Concerns Priority Areas that include part of Reeves County
     Specific State Concern                                         State Resource Concern
     AFO-CAFO—Poultry                                               Water Quality/Air Quality
     AFO-CAFO—Swine                                                 Water Quality/Air Quality
     AFO-CAFO—Beef                                                  Water Quality/Air Quality
     AFO-CAFO—Dairy                                                 Water Quality/Air Quality
     Salt Cedar                                                     Invasive Species
     Limited Resource Farmer or Rancher                             All
     (AFO—Animal Feeding Operation) (CAFO—Confined Animal Feeding Operation)


   Objective:
   The objective of the Reeves County Local Work Group (LWG) is to promote the use of conservation practices for improv-
   ing natural resources throughout the county with major emphasis on improving plant health and water quantity.
   County EQIP Resource Concern:
   In Reeves County for 2006, the LWG has identified Plant Health and Water Quantity as the major resource concerns.
   Priority for Funding:
   Water Quantity—High Priority for Funding
   Land leveling, concrete ditch lining, irrigation water conveyance, sprinkler, sprinkler conversion, and drip irrigation.
   Plant Health—High Priority for Funding
   Fencing, livestock water development, brush management, range ripping, and seeding.
   All practices receive 50 points.
   Eligible Practices and Cost-Share Rates:
   Limited Resource Farmers and Ranchers—90 percent.
   Beginning Farmers and Ranchers—75 percent.
   Other—50 percent.
   Practices will be cost-shared based on the established average cost of the practice. The amount of cost-share earned will
   be the number of units certified after completion multiplied by the average cost multiplied by the cost-share percentage.


www.attra.ncat.org                                                                                           ATTRA            Page 11
CAFO) issues and salt cedar removal as high-           overcome in part by the development of a special
                  priority concerns. The county group has added          national EQIP organic initiative (details below).
                  priorities related to conservation practices that
                                                                         Applicants to EQIP are eligible for up to
                  promote plant health and water-use efficiency.
                                                                         $300,000 in program benefits. It is unusual for
                  Both the state and county clearly recognize that
                                                                         any single annual “contract” to be that high and
                  when limited resource or beginning farmers or
                                                                         the limit applies to the total benefits in any pre-
                  ranchers apply, they are entitled to higher ben-
                                                                         vious contracts in the past five years. Thus, if
                  efits (cost-shares). Finally, the county has placed
                                                                         you had received $200,000 in EQIP benefits in
                  limits on the extent of funding by identifying
                                                                         the previous five years, you could receive only
                  specific priority practices and assigning points to
                  those practices. Thus, in Reeves County, Texas,        $100,000 in program benefits for the current
                  a farmer or rancher is clearly at a funding advan-     year. There is the possibility of receiving up to
                  tage for EQIP if CAFO/AFO issues, salt cedar           $450,000 in benefits for projects that provide
                  removal, plant health, and water quantity issues       exceptional environmental benefits, but the pro-
                  are important to the applicant’s farm or ranch         cess for approval of such a project is more rig-
                  conservation plan.                                     orous. As noted earlier, benefits are based on
                                                                         a percentage of the total cost of adopting the
                  However, even if these conservation measures           conservation practice, up to a maximum of 75
                  are relevant to the applying farmer or rancher,        percent. Again, limited resource and beginning
                  there is still no guarantee that the producer will     farmers and ranchers may receive up to 90 per-
                  ultimately be provided EQIP benefits. Th is is         cent cost-share.
                  true because the applicant is also competing
                  with every other applicant in all other counties.      Figure 4 on the next page is an example
                  Ultimately, the state NRCS ranks every appli-          from Maine NRCS of how dollar amounts
                  cant according to his or her total criteria points     are calculated to determine the total contract
                  with associated total dollar benefits requested        benefits. Essentially, if the contract is selected
                  and approves contracts in this order until that        based on ranking criteria, then each practice is
                  state’s yearly allocation of EQIP resources is         applied for, and a total contract benefit package
                  expended.                                              is awarded.

                  What this example shows is that applying for           For example, if one of the applicant’s “prac-
                  EQIP benefits is a little like applying for a grant.   tices” was installation of a composting facility,
                  The grantor (NRCS) gets to decide the criteria         then the applicant, if successful, would receive
                  for grant awards, and the applicant must match         $75,000 (60-percent cost-share) to build the
                  those criteria in order to increase the probability    facility—assessed by Maine NRCS to cost
                  of acceptance. Also, an application for a single       $125,000. For a successful candidate, this pro-
                  practice change is unlikely to be funded. It is        cess would continue until all other practices
                  useful to have a holistic plan of all the changes      were assessed and a total contract amount set.
                  you want to make on your farm or ranch and             It is important to remember that contracts
                  then apply for every relevant change that will         can be made for up to 10 years. Payments are
                  garner the highest number of ranking criteria          made when the practice is completed (adopted)
                  points possible. While NRCS does not want to           or installed. For example, the development of
                  encourage what it often refers to as “point shop-      a compost facility might take several years to
                  ping,” farmers and ranchers must put together          complete and would likely require a multi-year
                  the best package possible to realize any benefit.      EQIP contract.
                  For instance, in Montana there is an EQIP ben-         The benefits of an EQIP contract can be sub-
                  efit of $3,500 over three years to help farmers        stantial, but getting them requires a real com-
                  or ranchers make the transition to organic pro-        mitment by the applicant. Again, careful plan-
                  duction. However, very few farmers or ranchers         ning and knowing program criteria are critical
                  have received benefits under this option because       for success.
                  they often apply only for that benefit and hence
                  are out-competed by farmers and ranchers who
                  present more comprehensive applications with           EQIP Organic Initiative
                  higher total ranking points. Fortunately, this         Authorized by Congress in 2008 and first imple-
                  issue, at least for organic producers, has been        mented in 2009, this special EQIP initiative has

Page 12   ATTRA                             Federal Conservation Resources for Sustainable Farming and Ranching
Figure 4. 2006 Androscoggin/Sagadahoc Counties, Maine, EQIP Cost Lists.

 Practice Code      Practice Name                           Component                    Unit Type Unit Cost $    Share Rate %
                                                            All components excluding
 560                Access Road                                                          foot        17           75
                                                            crossings
 560                Access Road                             Stream crossing              no.         55,000       75
 702                Agrichemical Handling Facility          All components               no.         51,750       75
                                                            All components excluding
 575                Animal Trails & Walkways                                             foot        17           60
                                                            crossings
 575                Animal Trails & Walkways                Stream crossing              no.         55,000       60
 707                Barnyard Water Management               All components               s.f.        8            75
 314                Brush Management                        Brush Management             acre        55           100
 326                Clearing and Snagging                   Clearing and snagging        foot        50           60
 317                Composting Facility                     All components               no.         125,000      75
                    Comprehensive Nutrient                  Development of CNMP
 100                                                                                     a.u.        10           100
                    Management Plan                         (one time payment)
                    Comprehensive Nutrient                  Implementation of CNMP
 100                                                                                     a.u.        40           100
                    Management Plan                         (one time payment)
 327                Conservation Cover                      Grass establishment          acre        330          60
 328                Conservation Crop Rotation              Conservation crop rotation acre          55           100
 332                Contour Buffer Strips                   Grass establishment          acre        330          60
 330                Contour Farming                         All components               acre        22           10
 340                Cover Crop                              Cover crop                   acre        55           100
                                                            All components with heavy
 324                Critical Area Planting                                            acre           800          60
                                                            site prep
 342                Deep Tillage                            Deep tillage                 acre        22           100
 362                Diversion                               All components               foot        5            60



assisted current organic farmers and ranchers as       so there was some competition for funding. As of
well as those who want to make the transition to       this writing (2010), applications for funding are
organic production. This initiative recognizes that    below the available $50 million, so most qualified
organic production systems have inherent conser-       applicants are likely to be supported.
vation benefits. The initiative was also adopted       Second, by law the amount of support a transi-
because NRCS recognized that it had not served         tioning or certified organic producer can receive
organic farmers and ranchers adequately.               is significantly less than for those applying for
In general, the application process is fairly simi-    the general EQIP. The maximum payment
lar to that for general EQIP, but deadlines for        you can receive for these efforts is $20,000 per
application can be different, so it is best to con-    year, with no more than $80,000 over a six-year
tact your local NRCS office or check the website       period. EQIP payments are set up by a contract
of the state NRCS office for details. There are        that can span several years. However, if you are
four significant differences between the organic       an existing certified organic producer, then you
EQIP initiative and the general EQIP.                  can opt out of the special initiative and compete
                                                       with all other non-organic farmers and ranchers
First, the nationwide funding pool is limited to       in your state. As noted earlier, the general EQIP
$50 million dollars, and so funding is competi-        is very competitive, but the maximum payment
tive. Also, the funding pool is further divided into   for the general EQIP can be as high as $300,000
support for transitioning and currently certified      over a six-year period (or even up to $450,000
organic producers. In 2009, the value of applica-      if the applicant can justify the application as
tions was higher then the $50 million available,       having unique and significant environmental

www.attra.ncat.org                                                                                            ATTRA     Page 13
benefit). Thus, each applicant needs to decide in       FRPP Eligibility
                  which arena to compete.
                                                                          The FRPP is a competitive program, and each
                  Th ird, the range of conservation practices for         state NRCS office has particular eligibility
                  organic initiative applicants is less than for the      requirements for the program. However, each
                  general EQIP and also varies by state. Accord-          applicant has to meet the following minimum
                  ing to NRCS policy, each state is expected to           set of national criteria.
                  provide support for any conservation practice                 • Does the farm or ranch contain prime,
                  that is likely to be needed by certified or tran-                unique, and productive soil, or histori-
                  sitioning producers, but the specific list does                  cal or archeological resources?
                  vary by state. The only way to know for sure                  • Is the farm or ranch included in a pend-
                  what is offered is to check with your local or                   ing offer from a state, tribal, local gov-
                  state NRCS office.                                               ernment, or non-governmental organi-
                  Finally, each state NRCS office provides separate                zation easement program?
                  payment schedules to support practice adoption                • Is the land privately owned?
                  by certified organic and transitioning produc-                • Is the farm or ranch covered by a con-
                  ers. The reason for this is that in many cases                   servation plan for highly erodible land?
                  there are increased costs involved in conserva-               • Is it large enough to sustain agricultural
                  tion practice adoptions in organic systems, and                  production?
                  each state estimates these differences. Again, it is          • Does the farm or ranch have access to
                  necessary to check with the local or state NRCS                  markets for its products?
                  to understand these cost differences.
                                                                                • Do the farms or ranches that surround
                                                                                   the applying farm or ranch support
                  Farm and Ranch Land                                              long-term agricultural production?
                  Protection Program (FRPP)                                     • Does the owner meet the Adjusted
                  Though the Farm and Ranch Land Protection                        Gross Income (AGI) limitation? (This is
                  Program (FRPP) is essentially an easement pro-                   the same income limitation for all other
                  gram, it is included in this publication because                 NRCS programs.)
                  it provides resources to keep farms and ranches
                  as working lands by protecting them from                FRPP Benefit Determination
                  being converted to other uses. The program is
                                                                          The NRCS share of the cost of the ease-
                  unique in that it is only indirectly supportive
                                                                          ment cannot be larger than 50 percent of the
                  of conservation practices. As noted below, some
                                                                          appraised market value. The applying farmer or
                  of the eligibility requirements of the program
                                                                          rancher can contribute up to 25 percent of the
                  require prior conservation efforts. Nonetheless,
                                                                          cost with the cooperating entity contributing up
                  the benefits essentially support an easement.
                                                                          to another 25 percent. The total benefit calcula-
                  The program is also unique in that NRCS
                                                                          tion includes all partners to the agreement and
                  matches resources only with other non-federal
                                                                          available funding and the selection is made by
                  entities. These entities are state, tribal, and local
                                                                          the state conservationist in each state. The size of
                  governments and non-governmental easement
                                                                          the benefit varies depending on the value of the
                  programs. For instance, the American Farm-
                                                                          easement. For instance, in Montana in 2005,
                  land Trust (AFT) has an agricultural easement
                                                                          five easements were awarded under FRPP at a
                  program, and a farmer or rancher could enter            value of $2,221,000.
                  into an agreement with AFT and then together
                  with AFT could apply to FRPP for help to sup-
                  port the total cost of the easement. The pro-           Implementation
                  gram is competitive and the demand for FRPP             Being awarded an NRCS working-lands conser-
                  resources far exceeds supply. Funding for the           vation program contract is really only the begin-
                  program varies across the United States (see            ning of the process. NRCS working-lands con-
                  Figure 5, next page). Finally, the program also         tracts are legally binding and commit you to
                  assesses the historical and archeological signifi-      fulfilling your end of the bargain. With contracts
                  cance of the easement property.                         lasting in some cases 10 years, it is important to


Page 14   ATTRA                             Federal Conservation Resources for Sustainable Farming and Ranching
Figure 5. Map courtesy of NRCS/USDA.




be absolutely clear on your commitments. By        Appeals
the same token, NRCS has also made signifi-        The appeals process—like the programs them-
cant commitments. During the implementation        selves—is complex. The first thing to be clear
phase, you need to work regularly with your        about is the basis for your appeal. For instance,
local NRCS agent to make sure you are making       if you appeal the rejection of your application
timely progress on your contract.                  for program benefits, remember that the pro-
                                                   grams are competitive, and losing in that com-
There may be disputes about either the fairness    petition is not itself a reason to appeal. The gen-
of the application process or about your obliga-   eral basis for an appeal includes the following.
tions during the implementation of the contract.
Federal law does provide for formal processes of        • Denial of participation in a program
appeal. While NRCS works hard to make sure              • Compliance with program requirements
you understand the details of a program con-            • The payment or amount of payments
tract prior to implementation, knowing your               or other program benefits to a program
rights for appealing decisions is important.              participant


www.attra.ncat.org                                                                                       ATTRA   Page 15
• Technical determinations or technical           the CSP, then you could appeal that program
                         decisions that affect the status of land        eligibility decision.
                         even though eligibility for USDA ben-
                                                                         After you have decided the basis for an appeal
                         efits may not be affected
                                                                         and the type of appeal, the next step is to make
                  There are specific reasons that an appeal can be       sure the program you applied for is a “Chapter
                  rejected by NRCS.                                      XII” program. All the programs outlined in this
                       • General program requirements applicable         publication are Chapter XII programs. Check
                         to all participants (i.e., you cannot make      with your local or state NRCS office for a list
                         your farm or ranch a “special” case)            of non-Chapter XII programs (See Resources ).

                       • Science-based formulas and criteria. For
                         example, eligibility for CSP is based on           Chapter XII refers to the title of the Food
                         a certain minimum performance score.               Security Act of 1985, when the current
                         You cannot appeal your eligibility on the          appeals process was established
                         basis that NRCS has chosen the wrong
                         performance criteria to use. (However,
                         if you think the wrong information was          To begin the preliminary phase of the appeal
                         used to calculate an performance score,         process, ask in writing for one of three actions
                         then an appeal may be warranted.)               to take place within 30 days after notification of
                                                                         the decision you wish to contest.
                       • The fairness or constitutionality of fed-
                         eral laws. For example, you can’t argue              • Make a request for a field visit and
                         that it is unfair that you can’t apply                 reconsideration of an NRCS decision.
                         for the CSP because you don’t happen                 • Ask for mediation of the contested decision.
                         meet the statutory definition of a legal
                         farming entity.                                      • Appeal directly to the local Farm Service
                                                                                Agency (FSA)—usually county-based—
                       • Technical standards or criteria that                   for a reconsideration of a decision.
                         apply to all persons
                                                                         Which of these three routes to take in the
                       • State Technical Committee member-               appeals process is up to you. It may be hard
                         ship decisions made by the State Con-           to evaluate which is of greater benefit. Even
                         servationist                                    though the first choice explicitly provides for a
                       • Procedural technical decisions relating         “field visit,” all others will require a field visit
                         to program administration                       anyway. The reconsideration and mediation pro-
                       • Denials of assistance due to the lack of        cesses should be completed within 30 days of
                         funds or authority                              the request.

                  Once you have established a basis for an appeal,       Finally, even after these appeals are exhausted,
                  determine whether you are appealing a “techni-         you can still appeal a decision to the National
                  cal determination” or a “program decision.” An         Appeals Division (NAD) of USDA. This
                  appeal of a technical determination challenges         agency is independent of the other USDA agen-
                  the correctness of “the status and condition of the    cies and provides participants with the oppor-
                  natural resources and cultural practices based on      tunity to have a neutral review of an appeal.
                  science and best professional judgment of natu-        NAD can make independent findings but also
                  ral resources professionals concerning soils, water,   must apply laws and regulations of the respec-
                  air, plants, and animals.” For example, the stock-     tive agency to the case.
                  ing rate of cattle on a particular range or pasture
                  could be a contested technical decision.               Conclusion
                  An appeal of a program decision, on the other          The conservation programs outlined in this pub-
                  hand, challenges the correctness of the deter-         lication are complex; access to these resources
                  mination of eligibility or how the program is          requires significant effort and an investment of
                  administered and implemented. For example, if          time and energy. The complexities of the programs
                  the local NRCS is wrong in its determination           are in part due to sincere efforts by a large federal
                  that your farm or ranch is ineligible to apply for     agency to make the programs locally relevant.

Page 16   ATTRA                             Federal Conservation Resources for Sustainable Farming and Ranching
If you do not like the way programs are designed     than 14 days prior to the meeting, and the State
and implemented, NRCS is unique in that it           Conservationist is required to prepare meeting
also provides at least two ways for you to be        agendas and necessary background informa-
engaged in changing them.                            tion for the meetings. There is no requirement
                                                     for any number of meetings in any given year,
Local Working Groups                                 but any USDA agency can request that a meet-
                                                     ing be held.
Local working groups are essentially a form of
local governance of federal conservation pro-        There is an extensive list of conservation
grams. The meetings are open to the general pub-     programs that the STC has responsibilities to
lic and membership is open to any organization       address. The list is available on the Internet or
with broad interest in agriculture. The meetings     by contacting your local or state NRCS office
are convened by the local conservation district      (see Resources). However, it is important to
in each state, and the purpose of the group is to    remember that the STC is only an advisory
provide advice to the NRCS on conservation pro-      body and has no legal enforcement or imple-
grams. Contact your local NRCS office about          mentation authority. Nonetheless, members of
the meeting schedule in your area. As a farmer or    the STCs are generally the leaders of agricul-
rancher, you can attend these meetings and offer     ture in a particular state. It would be difficult
public comment on the decisions being made.          for any State Conservationist not to give strong
Incumbents of any of several local government        consideration to the recommendations of this
offices usually serve as leaders of these groups.    important group.
Additionally, the working groups provide advice
in the following general areas:                      Final Word:
     • Conditions of the natural resources and       Is Conservation a Public Good?
       the environment                               There are some farmers, ranchers, and agricul-
     • The local application process, including      tural and conservation organizations that have
       ranking criteria and application periods      had philosophical issues with the very intent of
     • Identifying the educational and train-        working lands conservation programs. Regard-
       ing needs of producers                        ing the CSP, the concept of rewarding farm-
                                                     ers and ranchers for their current conserva-
     • Cost-share rates and payment levels and       tion efforts is fundamentally different from all
       methods of payment                            other federal conservation programs. Some have
     • Eligible conservation practices               argued that if some farmers and ranchers are
     • The need for new, innovative conserva-        already providing these benefits without public
       tion practices                                support, then why should scarce public resources
                                                     be provided to continue these efforts? (Batie,
     • Public outreach and information efforts       2006). Others have argued that good steward-
     • Program performance indicators                ship by farmers and ranchers provides a public
       (Montana NRCS, 2006)                          good or investment. This position holds that we
                                                     all benefit from these stewardship efforts, and
State Technical Committees                           public incentives are required to continue good
                                                     stewardship of the land and, more importantly,
Each state NRCS office has a State Technical
                                                     to encourage those who do not provide these
Committee (STC). The committee is comprised
                                                     public benefits to do so (Kemp, 2005).
of groups or individuals who represent a wide
variety of natural resource issues. If you wish to   The EQIP program supports farmers and ranch-
serve on your STC, either as an individual or as     ers who move toward improved conservation
a representative of a group, you must write a let-   practices that protect natural resources and the
ter to your State Conservationist explaining your    environment. The additional social benefits seem
interest and credentials. Several federal agencies   clearer than with the CSP. However, EQIP also
must by law be represented on the committee          has a role in regulating environmental dam-
and many non-governmental and state agen-            ages from agriculture by ending poor farming
cies are encouraged to participate as well. Public   and ranching practices before governmental
notification of meetings must be made no later       enforcement actions are imposed. Consequently,

www.attra.ncat.org                                                                                       ATTRA   Page 17
EQIP is often criticized for rewarding the worst    programs still only represent about eight per-
                         environmental actors in the agriculture system.     cent of all USDA expenditures. So even at this
                         These issues, like many others in our demo-         higher level of activity, the federal govern-
                         cratic system, strike at the broader issue of       ment is far more engaged in agriculture and
                         the proper role of government in protecting         food systems in ways not related to the pro-
                         both the environment and the future pro-            tection of our agricultural resource base and
                         ductive capacity of natural resources. Even         natural environment. Perhaps conservation
                         with the substantial increases in federal con-      eff orts need to be of even higher priority in
                         servation resources since 2002, conservation        the United States.




References
Batie, Sandra. 2006. Green Payments Discussion Continues,      Guide to the Conservation Stewardship Program, is particu-
Journal of Soil and Water Conservation, January/February,      larly useful for more information on the CSP. Their website
Vol. 61, No. 3.                                                is http://sustainableagriculture.net.
ERS. 2006. Contrasting Working-Land and Land
Retirement Programs. Economic Research Service, USDA,          Internet, Intranet, and Telephone
Economic Brief No. 4.                                          NRCS has an excellent intranet-based information sys-
Kemp, Loni. 2005. Conservation Investments: Green              tem. The national NRCS website links to all state NRCS
Payments Can Replace a Broken Policy. Conservation             websites. In turn, state websites link to local NRCS office
Planner, Vol. X, No. 3, Minnesota Project.                     websites if the local office maintains a site. Starting at the
                                                               national NRCS site is the best way to begin a search of all
Lundgren, Britt, Jody Biergiel, Meaghan Donovan,               the programs and services the NRCS provides.
Christine Lee, and Kathleen Merrigan. 2006.
The Conservation Security Program: Rewards and                 If you do not have Internet access, your phone book should
challenges for New England farmers. Tufts University and       list your local county NRCS office in the federal government
American Farmland Trust. www.farmland.org/programs/            section. If not, call the following state offices to get the
states/documents/NECSP.pdf (PDF / 2.8M)                        phone number of your local office.


Resources                                                      State Office Contacts
                                                               The Natural Resources Conservation Service has offices at
National Sustainable Agriculture Coalition                     state, area, and district levels. For information on conservation
This 80-plus member coalition offers the latest information    for a specific state or county, phone the State Conservationist
on federal conservation policy. A 2009 publication, Farmers’   listed below.




Page 18      ATTRA                               Federal Conservation Resources for Sustainable Farming and Ranching
State                State Conservationist Phone                     Fax            E-mail
Alabama              William (Bill) Puckett   334-887-4500           334-887-4552   bill.puckett@al.usda.gov
Alaska               Robert N. Jones          907-761-7760           907-761-7790   robert.jones@ak.usda.gov
Arizona              David L. McKay           602-280-8801           602-280-8809   david.mckay@az.usda.gov
Arkansas             Mike Sullivan            501-301-3100           501-301-3194   mike.sullivan@ar.usda.gov
California           Lincoln E. (Ed) Burton   530-792-5600           530-792-5790   ed.burton@ca.usda.gov
Caribbean Area       Edwin Almodovar          787-766-5206 x237      787-766-6563   edwin.almodovar@pr.usda.gov
Colorado             James Allen Green        720-544-2810           720-544-2965   allen.green@co.usda.gov
Connecticut          Douglas Zehner           860-871-4011           860-871-4054   doug.zehner@ct.usda.gov
Delaware             Russell Morgan           302-678-4160           302-678-0843   russell.morgan@de.usda.gov
Florida              Carlos Suarez            352-338-9500           352-338-9574   carlos.suarez@fl.usda.gov
Georgia              James E. Tillman Sr.     706-546-2272           706-546-2120   james.tillman@ga.usda.gov
Hawaii               Lawrence T. Yamamoto 808-541-2600 x100          808-541-1335   larry.yamamoto@hi.usda.gov
Idaho                Jeff Burwell             208-378-5700           208-378-5735   jeff.burwell@id.usda.gov
Illinois             William J. Gradle        217-353-6600           217-353-6676   bill.gradle@il.usda.gov
Indiana              Jane E. Hardisty         317-290-3200           317-290-3225   jane.hardisty@in.usda.gov
Iowa                 Richard Sims             515-284-6655           515-284-4394   richard.sims@ia.usda.gov
Kansas               Eric B. Banks            785-823-4565           785-823-4540   eric.banks@ks.usda.gov
Kentucky             Thomas A. Perrin         859-224-7350           859-224-7399   tom.perrin@ky.usda.gov
Louisiana            Kevin D. Norton          318-473-7751           318-473-7626   kevin.norton@la.usda.gov
Maine                Juan Hernandez           207- 990-9585          207-990-9599   juan.hernandez@me.usda.gov
Maryland             Jon F. Hall              410-757-0861 x315      410-757-0687   jon.hall@md.usda.gov
Massachusetts        Elvis Graves, Acting     413-253-4351           413-253-4375   elvis.graves@gnb.usda.gov
Michigan             Garry D. Lee             517-324-5270           517-324-5171   garry.lee@mi.usda.gov
Minnesota            Don A. Baloun            651-602-7900           651-602-7914   don.baloun@mn.usda.gov
Mississippi          Homer L. Wilkes          601-965-5205           601-965-4940   homer.wilkes@ms.nrcs.usda.gov
Missouri             J. R. Flores             573-876-0901           573-876-9439   jr.flores@mo.usda.gov
Montana              Joyce Swartzendruber     406- 587-6813          406-587-6761   joyce.swartzendruber@mt.usda.gov
Nebraska             Stephen K. Chick         402-437-5300           402-437-5327   steve.chick@ne.usda.gov
Nevada               Bruce Petersen           775-857-8500           775-857-8524   bruce.petersen@nv.usda.gov
New Hampshire        Richard Ellsmore         603-868-7581 x125      603-868-5301   richard.ellsmore@nh.usda.gov
New Jersey           Thomas Drewes            732-537-6040                          tom.drewes@nj.usda.gov
New Mexico           Dennis L. Alexander      505-761-4400           505-761-4481   dennis.alexander@nm.usda.gov
New York             Astor Boozer             315-477-6504           315-477-6550   astor.boozer@ny.usda.gov
North Carolina       J.B. Martin, Jr.         919-873-2102           919-873-2156   jb.martin@nc.usda.gov
North Dakota         Paul Sweeney             701-530-2000           701-530-2110   paul.sweeney@nd.usda.gov
Ohio                 Randy Jordan (Acting)    614- 255-2472          614-255-2475   randy.jordan@oh.usda.gov
Oklahoma             Ronald L. Hilliard       405-742-1204           405-742-1126   ron.hilliard@ok.usda.gov
Oregon               Ron Alvarado             503-414-3200           503-414-3103   ron.alvarado@or.usda.gov
                     Lawrence T. (Larry)
Pacific Basin                                 671-472-7490           671-472-7288   larry.yamamoto@pb.usda.gov
                     Yamamoto
Pennsylvania         Denise Coleman           717-237-2203           717-237-2238   denise.coleman@pa.usda.gov
                     Phoukham (Pooh)
Rhode Island                                  401- 828-1300 Ext. 8   401-822-0433   pooh.vongkhamdy@ri.usda.gov
                     Vongkhamdy


www.attra.ncat.org                                                                                 ATTRA         Page 19
Federal Conservation Resources for Sustainable Farming and Ranching - IP294

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Federal Conservation Resources for Sustainable Farming and Ranching - IP294

  • 1. A project of the National Center for Appropriate Technology 1-800-346-9140 • www.attra.ncat.org Federal Conservation Resources for Sustainable Farming and Ranching By Jeff Schahczenski This publication offers an overview of the major federal conservation programs that provide resources NCAT Program Specialist for farmers and ranchers to enhance and maintain sustainable farming and ranching practices. The level 2007; Updated 2010 of available conservation resources for this area has dramatically increased since 2002. This guide helps ©NCAT farmers and ranchers make their way through the often complex and difficult application processes. Access to these resources can open new opportunities to preserve agricultural lands, develop sustainable practices, and open new markets. Contents Introduction ......................1 Federal Conservation Resources and Your Farm or Ranch...................3 What’s Available? Overview of Federal Conservation Resources Doug Crabtree and for Working Lands...........4 Anna Jones-Crabtree Conservation Programs farming on their 1,280-acre and USDA Agency organic farm in Montana. Responsibilities ................4 After finishing spring 2010 Know the Programs: seeding. Photo by Working Land vs. Anna Jones-Crabtree. Retiring Land ..........................5 National vs. Local Differences in Program Details ...............6 Working Lands Programs ............................6 Environmental Quality Incentive Program (EQIP) ...................................8 right time and opportunity to return to the Farm and Ranch Introduction land ever since.”   Land Protection A Program (FRPP) ............. 14 nna Jones-Crabtree and Doug Crabtree NRCS programs were critical to the Crabtrees’ Appeals ............................ 15 are beginning farmers in their early for- ability to begin organic farming. Anna says, “The Conclusion ...................... 16 ties returning to their agricultural roots. EQIP Organic Initiative came at just the right References ...................... 18 They have benefited greatly from new Natural time for us as we literally started our operation Resources ........................ 18 Resources Conservation Service (NRCS) pro- from scratch in 2009. The EQIP Organic Initia- grams. With 1,280 acres of certified organic tive provided additional financial support as part cropland, Anna and Doug were awarded an of our start-up package. Practices we are imple- The National Sustainable Environmental Quality Incentive Program menting include organic transition, nutrient Agriculture Information Service, ATTRA (www.attra.ncat.org), (EQIP) contract through a special initiative to management, pest management, flex-crop, cover was developed and is managed by the National Center for assist organic farmers and ranchers. They have crop, field borders, and seeding pollinator species. Appropriate Technology (NCAT). also applied for the new NRCS Conservation Because we are considered beginning farmers, we The project is funded through a cooperative agreement with Stewardship Program (CSP). were able to be included in the beginning farmer the United States Department of Agriculture’s Rural Business- As Doug explains “Farming is the only thing set-aside for the EQIP program.” Cooperative Service. Visit the NCAT website (www.ncat.org/ I ever wanted to do.  I believe farming is the Th is publication will help the reader under- sarc_current.php) for more information on most important avocation.  I grew up on a stand how to capture these and other federal our other sustainable agriculture and farm that did not make it through the farm conservation benefits that help the bottom line energy projects. crisis of the ‘80s and have been waiting for the and promote more sustainable agriculture.
  • 2. Organic Production and New NRCS Programs The Crabtrees were awarded a contract under the soil profile. NRCS’s use of this spec- a special Organic Initiative of EQIP that allows ification was to help inform fertilizer organic and transitioning organic growers to application rates which according to receive financial assistance for implementing the contract item description included conservation practices as part of their Organic determining necessary “green manure Systems Plan or Organic Transitions Plan. How- crops, manure application, legumes ever, since this special initiative is new (first in rotation, or other forms of accept- offered in 2009), specific technical assistance able plant nutrients.” Our challenge has not been strong. As Doug and Anna say, was that our rotation system included “NRCS has been supportive of our efforts and green manures, and legumes in rota- wonderful on the logistics of the actual con- tion and tillage and we wanted to use tract.  However, their need to support a signifi- soil tests to determine the baseline of cant number of producers limits their ability the soil nutrients as a place to inform to spend time understanding our integrated our rotational practices, not inform systems approach. Overall, their understand- our application of fertilizer. NRCS staff ing of organic agriculture in general could be was well-versed in fertilizer rates and better.  For our farm, we are attempting to take applications but seemed to have lim- a whole-farm systems approach and imple- ited flexibility in tailoring practices and Related ATTRA ment practices together in an integrated way.  specifications to fit alternative farming publications When NRCS administers EQIP contracts, they systems such as ours. approach each type of practice individually so Organic the ability to tailor a specific practice to fit the • Coordination between NRCS and the Certification Process overall farming system is limited.”    Farm Service Agency (FSA) could be stronger.  Although the two offices Entertainment The Crabtrees are also pursuing support from the were located in the same building, we Farming and new Conservation Stewardship Program (CSP). had to obtain documents from one Agri-Tourism However, differences between organic practices agency to take to the other. It had been and historical NRCS conservation practice stan- quite a while since FSA had entered any Green Markets dards can cause problems. As Doug says, “Two brand new producers into their system. for Farm Products enhancements that we looked closely at imple- Additionally, as Beginning Farmers it was Sustainable menting, namely non-chemical methods to kill challenging to understand what paper- Agriculture: cover crops (WQL17), and Use of Cover Crop work on what timelines was necessary to An Introduction Mixes (SQL04) illustrates how NRCS needs to bet- fill out for alphabet soup of USDA pro- ter understand organic cropping systems. These grams. Although everyone was helpful, Pursuing enhancements, which would otherwise be a it took us awhile, with lots of questions, Conservation good fit for our system, include the requirement to make sure we understood the docu- Tillage Systems that crops must be no-tilled after the cover crop mentation and form requirements. for Organic is terminated. Appropriate tillage is critical to weed Crop Production control and moisture management in our dryland Even with these challenges, the EQIP program has organic system. Not all tillage is created equal and been an important piece of the Crabtrees’ whole- Overview of it seems as if there is a bias towards only no-till farm approach to conservation. As they say, “There Cover Crops and approaches in several of the enhancements. We needs to be more NRCS staff overall, and specifi- Green Manures would really like to experiment with mowing and cally, more staff training and understanding of the undercutting as less-invasive means of terminat- whole-farm system approach that is inherent in ing our green manure crops. But, due to the no-till organic. This is crucial for NRCS to be able to pro- requirement, our adoption of CSP enhancements vide a higher level of technical support. Organic has been greatly limited.” approaches are more than just the elimination of pesticides, but rather a more integrated way of The Crabtrees noted a couple of challenges in approaching rotations, soil health and farm resil- the EQIP program requirements:  iency. The NRCS field staffs need to have more • Soil testing requirements for the nutri- training in organic agriculture if they are going to ent management practice. The NRCS be helpful to organic farmers trying to use these contract required soil testing at three programs. Our hope is that by working together depths (0-6”, 6”-12”, 12”-24”).  This is we will not only help producers who want to move because surface application of fertilizer to organic systems but also inform NRCS practices (especially nitrogen) tends to stratify the and standards to support conservation activities nutrients, and without tillage there isn’t in farming systems that are not dependent on the any mixing of the applied substance in use of off-farm fertilizers and pesticides.”  Page 2 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 3. Federal Conservation publications Entertainment Farming and Agri- Tourism and Green Markets for Farm Products.) Resources and Your Engaging in federal conservation programs can Farm or Ranch also move your farm or ranch in more sustainable Since 1985, the federal government has provided directions. (See the ATTRA publication Sustain- significant benefits to American farmers and able Agriculture: An Introduction.) “Whole” farm ranchers either by retiring marginal and environ- or ranch planning—which assesses the goals and mentally sensitive lands or by cost-sharing the potential resources of the farm or ranch—will adoption of improved conservation practices on likely be necessary for farmers or ranchers inter- working lands. Since 2002, working-lands con- ested in maximizing the benefits of these con- servation has enjoyed accelerated support. Pro- servation programs. Even those unable to take grams that support agricultural land preservation advantage of a particular program can come away (Figure 1) have also been initiated. Learning how with a valuable learning experience through the to take advantage of these important, but often very process of applying. Learning how federal complicated, programs can help farmers and conservation programs work and going through ranchers lower operational risk, provide tangible the application process usually helps you bet- rewards for the contributions that conservation ter understand current innovative farming and practices provide in improving soil, air, and water ranching practices. Also, by engaging in federal quality; increasing profitability; and making conservation programs, you learn to be a more farming and ranching more rewarding in general. active citizen and help make these programs work better for all farms and ranches in your commu- Another important reason to take advantage of nity, state, and nation. expanding federal conservation programs is that the application process itself helps farmers and Finally, if you are of limited resources, socially ranchers see their operations from new perspec- disadvantaged, or a beginning farmer or tives. Th is alone can alert farmers and ranch- rancher, most programs provide either a com- ers to new market opportunities. For example, petitive advantage or higher levels of support. transitioning to an organic production system The definitions of these special categories are on your farm or ranch may lead to higher value very specific, however, so make sure you meet for your crops and livestock. (See the ATTRA the requirements before assuming eligibility. Figure 1 Trends in USDA conservation expenditures, 1983-2005 Billion dollars 5 Conservation technical assistance Agricultural land preservation Land retirement programs Other major conservation programs Working land programs 4 3 2 1 0 1983 1987 1991 1995 1999 2003 Source: Office of Budget and Policy Analysis, USDA, and the Congressional Budget Office Conservation Program Design—contrasting working-land and land retirement programs. (ERS, 2006) www.attra.ncat.org ATTRA Page 3
  • 4. simply because the process is often difficult and Some Def initions intimidating. The programs contain an “alpha- bet soup” of acronyms and bureaucratic jar- • Limited-Resource Farmers and Ranchers. A limited- gon particularly difficult to understand for first- resource farmer or rancher is defined as: (a) a person with direct or indirect gross farm sales of not more than $100,000 time applicants. The goal here is to present a in each of the previous two years (increased each fiscal year simplified overview that outlines the essential since 2004 to adjust for inflation); and (b) has a total house- step-by-step process to obtain these resources hold income at or below the national poverty level for a and benefits. The intent is also to help you family of four, OR less than 50 percent of county median understand the general purpose of the programs. household income in each of the previous two years (to be This publication concentrates on resources determined annually using Commerce Department data). available from the Natural Resources Con- USDA offers an online Limited Resource Farmer/Rancher servation Service (NRCS). The United States Self-Determination Tool to determine whether you meet this definition. Department of Agriculture (USDA) is the agency most engaged with agricultural con- • Beginning Farmer or Rancher. A beginning farmer or servation practices. The other major USDA rancher is defined as an individual or entity who: (a) has division involved in conservation efforts is the not operated a farm or ranch, or who has operated a farm Farm Service Agency (FSA). The FSA shares or ranch for not more than 10 consecutive years (required administrative responsibility with the NRCS of all members of an entity); and (b) will materially and for the Conservation Reserve Program (CRP) substantially participate in the operation of the farm and the Grassland Reserve Program (GRP). or ranch. FSA also has responsibility for the Conservation Reserve Enhancement Program (CREP) and the • Socially Disadvantaged Farmer or Rancher. A socially Emergency Conservation Program (ECP). disadvantaged group is one whose members have been subjected to racial or ethnic prejudice because of their identity as members of the group, without regard to Conservation Programs individual qualities. A socially disadvantaged farmer or and USDA Agency rancher is a member of a socially disadvantaged group. Groups in particular localities subjected to racial or ethnic Responsibilities prejudice are determined by the United States Secretary of The first step in accessing these federal resources Agriculture. Check with your local or state NRCS offices for should be the development of a Natural more details. See Further Resources. Resources Conservation Service (NRCS) con- servation plan. An NRCS conservation plan is helpful because it involves the agency early in the process. Even if you have done prior plan- When in doubt regarding eligibility require- ning, it is still important to get NRCS assistance ments, check with the local office of the federal in translating your existing planning efforts into agency in charge of the specific program. See agency language. The local NRCS agent can Resources at the end of this publication. evaluate your eligibility for the kinds of federal programs available to you. What’s Available? Overview While this may be the ideal process, fi nding of Federal Conservation available NRCS staff to assist with this kind of planning is often difficult. The actual process Resources for Working Lands often begins with the farmer or rancher contact- The complexity of federal conservation ing the local NRCS field office (see Resources ) programs—and in particular the applica- about a specific conservation program. The con- tion process itself—is perhaps one of the big- servation planning begins with a discussion of gest reasons many farmers and ranchers do not the application process and eligibility require- use these resources. The programs are volun- ments for that program, rather than with devel- tary, and many opt out of using the programs opment of a comprehensive conservation plan. Page 4 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 5. USDA Agency Program Description Environmental Quality Incentive Financial support for conservation improvements Program (EQIP) and to meet regulatory requirements Natural Resources Conservation Stewardship Program Financial support for current performance and Conservation Service (CSP)—formerly Conservation Security future conservation improvements (NRCS) Program Farm and Ranchland Protection Cost-share for farm and ranchland protection Programs (FRPP) through easements Annual payments to keep sensitive land out of Conservation Reserve Program (CRP) Farm Service Agency agricultural production (FSA) and NRCS Annual payments to keep land in native Grassland Reserve Program (GRP) grasslands Annual payments to keep riparian areas out of Conservation Reserve Enhancement agricultural production (requires state matching Program (CREP) funds) Farm Service Agency (FSA) Rehabilitation of farmland damaged by natu- Emergency Conservation Program ral disasters and emergency water conservation (ECP) measures in periods of severe drought Indeed, NRCS recognizes the difficulty in The working lands programs provide financial assisting farmers and ranchers in preparing com- resources. These may be either incentive pay- prehensive conservation plans. In one attempt to ments or “cost-share” for farmers or ranchers address this lack of planning resources, NRCS to implement the practices or build structures in 2005 began a special pilot project to bring on working agriculture lands. NRCS has many additional resources to planning efforts. Unfor- quality criteria for resource management and tunately, the pilot project was available in only a list of hundreds of technical practice stan- limited areas of nine states and lasted only one dards that define the minimal acceptable levels year. As a result of the Food, Conservation, and for natural resource conservation and environ- Energy Act of 2008 (otherwise know as the mental protection. Farm Bill), the NRCS is currently establish- ing support under the Environmental Qual- Understanding these technical standards can be ity Incentive Program (EQIP) to fund what complicated for people not familiar with NRCS are termed conservation activity plans. Make protocols and jargon. However, if you are serious sure you ask local NRCS about such funding if about taking full advantage of the programs, applying for the EQIP program discussed below. some understanding of these standards and the systems of resource management is important. Barring the availability of assistance from local The major resource for understanding techni- NRCS staff, however, farmers and ranchers cal standards and the general program evalua- should still put some effort into farm or ranch tion processes is the Field Office Technical Guide conservation planning. Doing so prepares appli- (FOTG). Th is guide is available online as the cants to interact effectively with NRCS staff. eFOTG www.nrcs.usda.gov/technical/efotg/. This ATTRA has several resources to help with this guide is “localized” down to the county level, kind of planning planning, available online or at so get the copy relevant to your farm or ranch 800-346-9140. locale. NRCS prides itself on soliciting local input for program development. Consequently, Know the Programs: there is some variation among available pro- Working Land vs. Retiring Land grams, particularly for working lands. Federal conservation programs can be divided The Farm and Ranchland Protection Program into two broad categories: working lands pro- (FRPP) is intended to preserve working farms grams and land retirement or easement programs. and ranches. Technically, this program might www.attra.ncat.org ATTRA Page 5
  • 6. not be a working-lands conservation program Working Lands Programs because the program’s intent is to protect farm or ranch lands from conversion to suburban or Conservation Stewardship urban development. Program (CSP) Land retirement or easement programs like the The newest and perhaps the most confusing fed- Conservation Reserve Program (CRP), on the eral conservation program is the Conservation other hand, either permanently or temporar- Stewardship Program or CSP. As noted earlier, ily pay farmers or ranchers to keep land out of this program was substantially changed by Con- agricultural production entirely. Some easement gress with the passage and subsequent imple- conservation programs do allow certain produc- mentation of the 2008 Farm Bill. This program tive uses of easement land, but generally these is unique because it rewards farmers and ranch- programs were established to take land out of ers for current conservation practices, and for substantial productive use. putting in place new conservation practices and enhancements over a five-year contract period. This new program provides payment on a per- National vs. Local Differences acre basis for conservation performance, rather in Program Details than a payment to share in the cost of the adop- tion of new practices. Another important thing to know before apply- ing for federal conservation programs is that The program allows all farmers and ranchers program details can change substantially from to apply at any time, but to begin a contract state to state and even county to county. As in a specific federal fiscal year, there are spe- noted above, NRCS has been an agency that cific deadlines announced by the NRCS. The prides itself on being adaptable to state and 2009 allocation of funds to farmers and ranch- local concerns. The logic of this approach makes ers under this program is complete, with over some sense. Land use for agriculture varies dra- 10,000 contracts awarded, valued at almost $145 million dollars. The 2010 final allocations matically in different parts of the country. For are not yet available as of this writing (Septem- instance, the best conservation grazing manage- ber 2010). Unfortunately, the program allows ment practices for southwest Montana are sub- annual funding for only12.8 million acres per stantially different from those in central Florida. year to be enrolled, so the competition for pro- On the other hand, local determination of gram funds is significant. Successful applicants program criteria is often a source for confu- for CSP can receive up to $200,000 in benefits sion about what programs can and do offer. In over the five-year contract period. Montana, for instance, some NRCS programs Below is a basic step-by step-outline for appli- provide resources for ranchers to improve fish cation along with important information and passage around irrigation diversions. But the forms that can help in getting ready to apply for programs apply only to certain areas of the state, this program. despite the fact that most areas have important Step 1- Examine and/or fill-out the fi sh passage problems. The best way to avoid Self-Screening Checklist to assess your confusion is to go to the respective state NRCS eligibility and the requirements of program. website for specific details of a program in that Download the Self Screening Checklist state. Another way to clear up confusion is to talk with local and state-level NRCS staff. If you have any questions about the questions or your answers contact your local NRCS staff person designated for the CSP. Note: Check with both local and state- This screening tool introduces an important term level NRCS staff. Sometimes local staffers called the “stewardship threshold.” The steward- do not know that funding differences exist ship threshold is defined as the level of natural between areas. State-level staffers often resource conservation and environmental manage- have that information. ment required to conserve and improve the quality and condition of a natural resource. This threshold Page 6 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 7. will be measured by a new tool devised for the However, each state NRCS office has chosen program called the Conservation Measurement specific priority resources of concern and these Tool (CMT), discussed below. Meeting these stew- will affect the ranking system in each state. To find ardship thresholds is important because applicants out the priorities for each state, contact your NRCS must demonstrate at the time of application that office or look for that information on your state’s they are meeting the stewardship threshold for at NRCS website. Link available at: www.nrcs.usda.gov/ least one resource of concern and that they com- about/organization/regions.html. mit to meeting the stewardship threshold for one additional resource of concern during the five-year It is important to note that this tool is new contract term. and not extensively tested. It is expected to be available online, but it is important that you ask Step 2- Make initial application many questions of your local NRCS office staff so The basic application form is: NRCS-CPA-1200 that you understand exactly what is being asked http://www.nrcs.usda.gov/programs/eqip/PDFs/ and that the information is being entered in the Blank_EQIP_CCC1200.pdf. tool correctly. If you have NOT received federal agriculture fund- The NRCS has provided a list of conservation and ing in the past or are a brand new farmer or rancher, enhancement activities that are part of the CMT. It you will need to establish yourself as a legal farm can be examined at www.nrcs.usda.gov/programs/ by registering with the Farm Service Agency (FSA) new_csp/csp.html. and getting a Federal Farm ID number. NRCS and Once ranked, applicants will be chosen by FSA field offices are often located in the same loca- moving down the list of ranked applicants tion, known as a Farm Service Center. until the program acreage limit for each state Some additional forms that will likely be needed is reached. The total national program acreage to establish basic eligibility are: is 12.8 million acres for each of the five years • AD-1026 Highly Erodible Land Conserva- of the program. tion and Wetland Conservation Certifica- Step 4- Work out contract payments tion (available at local NRCS offices) and details • CCC926 Adjusted Gross Income Certifi- Payment amounts will be determined by cation (available at local NRCS offices) three factors. • Special Directive to NRCS to assist • Expected environmental benefits as farmers and ranchers without previous FSA registration indicated by the Conservation Measurement Tool Step 3- Ranking and the Conservation • Costs incurred by the farmer or rancher Measurement Tool (CMT) associated with the planning, design, After establishing eligibility and submitting an materials, installation, labor, manage- application, the next step is to work with local ment, maintenance or training for NRCS staff to establish a ranking score. NRCS staff conservation activities will use new software called the Conservation • Income forgone by the producer as a Management Tool (CMT) to establish your ranking result of conservation activities that score. CMT is designed to evaluate applicants’ exist- are undertaken ing conservation levels and proposed additional improvements. Broadly, the CSP targets funding Overall CSP payments are expected to aver- for the following: age $18 per acre nationwide, but the rate • To address particular resources of will vary by land type, the extent of existing concern in a given watershed or region conservation that will be managed and maintained, and the extent of new conserva- • To assist farmers and ranchers to tion practices and activities agreed upon. Indi- improve soil, water, and air quality vidual CSP payments will depend on the details • To provide increased biodiversity of each contract. Payments to contract hold- and wildlife and pollinator habitat ers will be made after October 1 of the year • To sequester carbon and reduce the conservation has been accomplished. For greenhouse gas emissions to mitigate example, if the terms of the contract are fulfilled climate change during the spring and summer, the accompany- • To conserve water and energy ing payments will be made in the fall. www.attra.ncat.org ATTRA Page 7
  • 8. Contract, Field Verification, and Socially Disadvantaged, Conservation Stewardship Plans Limited Resource, and As part of successful applicant contract develop- Beginning Farmer Benefit ment, the NRCS is required to visit each applying The new (2010) regulatory rules for implementa- farm or ranch to verify information provided in tion of the CSP provide the possibility of a mini- the application. In addition, the development of a mum payment for farms that both qualify for the conservation stewardship plan is required. A con- program and are operated by socially disadvan- servation stewardship plan is the schedule of the taged, Limited Resource or Beginning Farmer conservation activities to be implemented, man- (see definitions above). Please check with your aged, or improved during the contract period. local NRCS office about this possible benefit. Specialty Crops, Environmental Quality Organic Production, Incentive Program (EQIP) and Technical Assistance The Environmental Quality Incentive Program The implementation rules for the new CSP (EQIP) is the largest NRCS working lands pro- require the NRCS to make a special commitment gram, with annual budgets around $1 billion to providing technical assistance to organic and since 2002. EQIP provides incentives to farmers specialty-crop producers. In particular, NRCS and ranchers for two major purposes. First, the has provided the following document to help program helps farmers and ranchers to improve organic farmers applying to the program. Organic their conservation practices. Second, the program Crosswalk www.nrcs.usda.gov/programs/new_csp/ helps farmers and ranchers to comply (or stay in special_pdfs/Organic_Crosswalk_091009_dl.pdf . compliance) with federal environmental regula- tions such as the Clean Water Act. Resource-Conserving For example, EQIP has provided substantial Crop Rotations federal resources to assist farmers and ranchers to stay in compliance with regulations in regard In the new CSP, there is special emphasis on and to the operation of Confined Animal Feed- supplemental funding for applicants who under- ing Operations (CAFOs) and Animal Feed- take a resource conserving crop rotation. What ing Operations (AFOs). Such support has often constitutes such a rotation is still less than clear included controversial issues involving large- and will require careful discussion with NRCS scale dairies and commercial feedlots. Since field staff in your location. 2002, the NRCS has been required to try to achieve a target of 60 percent of EQIP expendi- Size and Program Limitations tures for livestock conservation practices. While not all of that livestock-related EQIP funding To constrain total spending on the program, has gone to resolve CAFO/AFO issues, a large the new CSP limits the total acreage available to percentage has. However, despite these envi- 12.8 billion in each of the five years of the pro- ronmental regulatory aspects to EQIP, there gram. In addition, as noted, the law sets a target have been many farmers and ranchers who have of an average of $18 per acre nationwide. These improved conservation practices and their bottom limitations may make it difficult for very small lines by participating in this program (see box). farms to reconcile the effort of participation in the program with the ultimate benefit. This issue The 2008 Farm Bill introduced a special EQIP is a concern for NRCS and they have stated in organic initiative which particularly supports the implementation rules for the program that existing organic farmers and ranchers and those they do not want to limit producer participation who might want to make the transition to organic because of size or type of operation. If you have production. This special EQIP organic initia- a smaller farm, please discuss this issue with your tive has been in operation just since 2009, and local NRCS staff. program details are still being fully developed. Page 8 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 9. EQIP Helps Cranberry Growers In 2004 and 2005, 13 Wisconsin cranberry growers signed EQIP cost-sharing contracts to help address the unique environ- mental concerns with surface and groundwater quality associated with that crop. Irrigation-water management and pest management are being implemented on all of the participating marshes, and 9 of the 13 contracts also include nutrient management. These three management practices form the basis of comprehensive Resource Management Systems on cranberry marshes. By necessity, cranberries are grown very close to water in order to flood the beds for frost protection and harvest. Cranberries are native to wet soils with typically high water tables. Even with very careful management, nutri- ents and pesticides may be easily transported to surface and groundwater. Nutrient-management activities are focused on reducing applications of phosphorous fertilizer to protect water quality. Pest management incentive payments are being used to offset the costs associated with implementing integrated pest management (IPM) and to reduce the environmen- tal hazards associated with using high-risk pesticides. Irrigation water management is focused on increasing irrigation efficiencies and uniformity of application to conserve water and to limit leaching and run- off of fertilizers and pesticides. Additional conservation efforts being funded through EQIP include erosion control projects, replacing inefficient irrigation systems, and installing irrigation tailwater recovery systems for the recycling and reuse of water. More than $500,000 in EQIP funding has been obligated to these contracts. These funds will result in conservation efforts in excess of $1 million when labor, equipment, and material costs are included. Unlike CSP, EQIP has from time to time Big Hole River watershed. The drainage has allocated resources to special sub-programs as faced severe drought, and a population of Arc- determined by NRCS. Currently there are three tic grayling—the last remnant of this trout spe- special regional and national EQIP sub-programs. cies in the lower 48 states—may be enhanced through the funding. • Colorado River Basin Salinity Control Program - This program reduces salin- Applicants should realize that EQIP is a very ity by preventing salts from dissolving competitive program and is under-funded relative and mixing in the Colorado River. to demand by farmers and ranchers (see Figure • Ground and Surface Water Conserva- 3). This means you must make sure to develop a tion Program - Th is program focuses comprehensive plan of the conservation practices attention on conservation practices integrated into your farm or ranch before you that result in net saving of ground and apply for the EQIP. Also, pay close attention to surface water as determined by state those elements of your plan that fit with the pri- NRCS offices. orities that NRCS has identified as important for funding in the year you wish to apply. • Klamath Basin Program - This is a locally led conservation effort for farmers, ranch- ers, tribes, and other private landowners EQIP Eligibility in the Klamath River Basin in northern There are only three exceptions to EQIP eligibil- California and southern Oregon. ity. First, the applicant must be in compliance with highly erodible land and wetland conserva- These special EQIP sub-programs will not be tion practices. Known commonly as “sodbuster” discussed here, but further information is avail- and “swampbuster” provisions, these excep- able from your state NRCS office. Finally, even tions prevent EQIP from extending benefits to within states, the leading administrative agents producers who have previously brought highly for NRCS, the State Conservationists, can also erodable land and converted wetlands into agri- set aside part of the state EQIP allocations for cultural production. special projects of importance to an individual state. For instance, in Montana, a special EQIP Second, individuals or entities that have an aver- project was set up to provide resources for the age adjusted gross income exceeding $2.5 million www.attra.ncat.org ATTRA Page 9
  • 10. Figure 3. Map courtesy of USDA/NRCS. for the three tax years preceding application are with your local NRCS agent or state office for not eligible. There is an exception to this rule if the deadlines for your state. the individual or entity can document that 75 percent of the adjusted gross income ($1.875 million) came from farming, ranching, or for- Remember, the NRCS runs on the federal government’s fiscal cycle of October 1– estry operations. Essentially, this provision lim- September 30, and not the calendar year. its very wealthy individuals who don’t receive Funding allocations are available to each income from agricultural and forestry operations state for that fiscal year only. from receiving federal conservation benefits. Third, a person or entity cannot apply for EQIP if a maximum benefit of $450,000 ($300,000 after 2008) has been reached through the pro- Determining EQIP Benefits gram over the past five years. All categories of Benefits are determined by an NRCS evaluation land use are eligible, including non-industrial of the farmer’s or rancher’s application against a forest lands. Interestingly, any land determined set of funding priorities known as the “ranking to pose a serious threat to soil, air, water, or criteria.” These criteria are set at the national, related resources is also eligible. state, and county levels. In some larger states such as California, or where demand for pro- Finally, applications are accepted by state NRCS gram benefits is high, a “pre-screening” set of offices year-round, but there are specific dates by selection criteria is often used. As noted, this is which you must have submitted your application a competitive program, and each state has the in order to be eligible in any particular funding ability to prioritize which resources are of special year. Each state sets its own deadlines, so check concern, even down to the county level. Page 10 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 11. ranch. However, there is often a fairly wide vari- The NRCS gets advice on setting these pri- ety of conservation practices available to appli- orities from two governance committees: cants and it is often hard to tell without going the state technical advisory committee through the process how your planned changes (state-level) and the “local working groups” will be “ranked.” (see governance section). Below is a copy of just one part of the ranking criteria from Reeves County, Texas. This illus- Thus, each state’s set of priorities is different trates several aspects of EQIP in Texas. First, and in any given year may not reflect the needs the state NRCS—at least in this county—has you have identified in planning for your farm or identified Animal Feeding Operations (AFO/ EQIP Program in Reeves County, Texas, 2006 The Environmental Quality Incentives Program (EQIP) offers cost-share assistance to agricultural producers to implement on-farm conservation practices. The Natural Resources Conservation Service (NRCS) determines eligible producers for the EQIP program and determines eligible land. Eligible producers may apply for cost-share assistance on conservation practices that will address the resource concern identified by the Local Work Group (LWG). Reeves County Office Information Interested agricultural producers may apply in person at the Reeves County USDA Service Center. Applicants may also request EQIP assistance by telephone, fax, e-mail, or letter. State Resource Concerns Priority Areas that include part of Reeves County Specific State Concern State Resource Concern AFO-CAFO—Poultry Water Quality/Air Quality AFO-CAFO—Swine Water Quality/Air Quality AFO-CAFO—Beef Water Quality/Air Quality AFO-CAFO—Dairy Water Quality/Air Quality Salt Cedar Invasive Species Limited Resource Farmer or Rancher All (AFO—Animal Feeding Operation) (CAFO—Confined Animal Feeding Operation) Objective: The objective of the Reeves County Local Work Group (LWG) is to promote the use of conservation practices for improv- ing natural resources throughout the county with major emphasis on improving plant health and water quantity. County EQIP Resource Concern: In Reeves County for 2006, the LWG has identified Plant Health and Water Quantity as the major resource concerns. Priority for Funding: Water Quantity—High Priority for Funding Land leveling, concrete ditch lining, irrigation water conveyance, sprinkler, sprinkler conversion, and drip irrigation. Plant Health—High Priority for Funding Fencing, livestock water development, brush management, range ripping, and seeding. All practices receive 50 points. Eligible Practices and Cost-Share Rates: Limited Resource Farmers and Ranchers—90 percent. Beginning Farmers and Ranchers—75 percent. Other—50 percent. Practices will be cost-shared based on the established average cost of the practice. The amount of cost-share earned will be the number of units certified after completion multiplied by the average cost multiplied by the cost-share percentage. www.attra.ncat.org ATTRA Page 11
  • 12. CAFO) issues and salt cedar removal as high- overcome in part by the development of a special priority concerns. The county group has added national EQIP organic initiative (details below). priorities related to conservation practices that Applicants to EQIP are eligible for up to promote plant health and water-use efficiency. $300,000 in program benefits. It is unusual for Both the state and county clearly recognize that any single annual “contract” to be that high and when limited resource or beginning farmers or the limit applies to the total benefits in any pre- ranchers apply, they are entitled to higher ben- vious contracts in the past five years. Thus, if efits (cost-shares). Finally, the county has placed you had received $200,000 in EQIP benefits in limits on the extent of funding by identifying the previous five years, you could receive only specific priority practices and assigning points to those practices. Thus, in Reeves County, Texas, $100,000 in program benefits for the current a farmer or rancher is clearly at a funding advan- year. There is the possibility of receiving up to tage for EQIP if CAFO/AFO issues, salt cedar $450,000 in benefits for projects that provide removal, plant health, and water quantity issues exceptional environmental benefits, but the pro- are important to the applicant’s farm or ranch cess for approval of such a project is more rig- conservation plan. orous. As noted earlier, benefits are based on a percentage of the total cost of adopting the However, even if these conservation measures conservation practice, up to a maximum of 75 are relevant to the applying farmer or rancher, percent. Again, limited resource and beginning there is still no guarantee that the producer will farmers and ranchers may receive up to 90 per- ultimately be provided EQIP benefits. Th is is cent cost-share. true because the applicant is also competing with every other applicant in all other counties. Figure 4 on the next page is an example Ultimately, the state NRCS ranks every appli- from Maine NRCS of how dollar amounts cant according to his or her total criteria points are calculated to determine the total contract with associated total dollar benefits requested benefits. Essentially, if the contract is selected and approves contracts in this order until that based on ranking criteria, then each practice is state’s yearly allocation of EQIP resources is applied for, and a total contract benefit package expended. is awarded. What this example shows is that applying for For example, if one of the applicant’s “prac- EQIP benefits is a little like applying for a grant. tices” was installation of a composting facility, The grantor (NRCS) gets to decide the criteria then the applicant, if successful, would receive for grant awards, and the applicant must match $75,000 (60-percent cost-share) to build the those criteria in order to increase the probability facility—assessed by Maine NRCS to cost of acceptance. Also, an application for a single $125,000. For a successful candidate, this pro- practice change is unlikely to be funded. It is cess would continue until all other practices useful to have a holistic plan of all the changes were assessed and a total contract amount set. you want to make on your farm or ranch and It is important to remember that contracts then apply for every relevant change that will can be made for up to 10 years. Payments are garner the highest number of ranking criteria made when the practice is completed (adopted) points possible. While NRCS does not want to or installed. For example, the development of encourage what it often refers to as “point shop- a compost facility might take several years to ping,” farmers and ranchers must put together complete and would likely require a multi-year the best package possible to realize any benefit. EQIP contract. For instance, in Montana there is an EQIP ben- The benefits of an EQIP contract can be sub- efit of $3,500 over three years to help farmers stantial, but getting them requires a real com- or ranchers make the transition to organic pro- mitment by the applicant. Again, careful plan- duction. However, very few farmers or ranchers ning and knowing program criteria are critical have received benefits under this option because for success. they often apply only for that benefit and hence are out-competed by farmers and ranchers who present more comprehensive applications with EQIP Organic Initiative higher total ranking points. Fortunately, this Authorized by Congress in 2008 and first imple- issue, at least for organic producers, has been mented in 2009, this special EQIP initiative has Page 12 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 13. Figure 4. 2006 Androscoggin/Sagadahoc Counties, Maine, EQIP Cost Lists. Practice Code Practice Name Component Unit Type Unit Cost $ Share Rate % All components excluding 560 Access Road foot 17 75 crossings 560 Access Road Stream crossing no. 55,000 75 702 Agrichemical Handling Facility All components no. 51,750 75 All components excluding 575 Animal Trails & Walkways foot 17 60 crossings 575 Animal Trails & Walkways Stream crossing no. 55,000 60 707 Barnyard Water Management All components s.f. 8 75 314 Brush Management Brush Management acre 55 100 326 Clearing and Snagging Clearing and snagging foot 50 60 317 Composting Facility All components no. 125,000 75 Comprehensive Nutrient Development of CNMP 100 a.u. 10 100 Management Plan (one time payment) Comprehensive Nutrient Implementation of CNMP 100 a.u. 40 100 Management Plan (one time payment) 327 Conservation Cover Grass establishment acre 330 60 328 Conservation Crop Rotation Conservation crop rotation acre 55 100 332 Contour Buffer Strips Grass establishment acre 330 60 330 Contour Farming All components acre 22 10 340 Cover Crop Cover crop acre 55 100 All components with heavy 324 Critical Area Planting acre 800 60 site prep 342 Deep Tillage Deep tillage acre 22 100 362 Diversion All components foot 5 60 assisted current organic farmers and ranchers as so there was some competition for funding. As of well as those who want to make the transition to this writing (2010), applications for funding are organic production. This initiative recognizes that below the available $50 million, so most qualified organic production systems have inherent conser- applicants are likely to be supported. vation benefits. The initiative was also adopted Second, by law the amount of support a transi- because NRCS recognized that it had not served tioning or certified organic producer can receive organic farmers and ranchers adequately. is significantly less than for those applying for In general, the application process is fairly simi- the general EQIP. The maximum payment lar to that for general EQIP, but deadlines for you can receive for these efforts is $20,000 per application can be different, so it is best to con- year, with no more than $80,000 over a six-year tact your local NRCS office or check the website period. EQIP payments are set up by a contract of the state NRCS office for details. There are that can span several years. However, if you are four significant differences between the organic an existing certified organic producer, then you EQIP initiative and the general EQIP. can opt out of the special initiative and compete with all other non-organic farmers and ranchers First, the nationwide funding pool is limited to in your state. As noted earlier, the general EQIP $50 million dollars, and so funding is competi- is very competitive, but the maximum payment tive. Also, the funding pool is further divided into for the general EQIP can be as high as $300,000 support for transitioning and currently certified over a six-year period (or even up to $450,000 organic producers. In 2009, the value of applica- if the applicant can justify the application as tions was higher then the $50 million available, having unique and significant environmental www.attra.ncat.org ATTRA Page 13
  • 14. benefit). Thus, each applicant needs to decide in FRPP Eligibility which arena to compete. The FRPP is a competitive program, and each Th ird, the range of conservation practices for state NRCS office has particular eligibility organic initiative applicants is less than for the requirements for the program. However, each general EQIP and also varies by state. Accord- applicant has to meet the following minimum ing to NRCS policy, each state is expected to set of national criteria. provide support for any conservation practice • Does the farm or ranch contain prime, that is likely to be needed by certified or tran- unique, and productive soil, or histori- sitioning producers, but the specific list does cal or archeological resources? vary by state. The only way to know for sure • Is the farm or ranch included in a pend- what is offered is to check with your local or ing offer from a state, tribal, local gov- state NRCS office. ernment, or non-governmental organi- Finally, each state NRCS office provides separate zation easement program? payment schedules to support practice adoption • Is the land privately owned? by certified organic and transitioning produc- • Is the farm or ranch covered by a con- ers. The reason for this is that in many cases servation plan for highly erodible land? there are increased costs involved in conserva- • Is it large enough to sustain agricultural tion practice adoptions in organic systems, and production? each state estimates these differences. Again, it is • Does the farm or ranch have access to necessary to check with the local or state NRCS markets for its products? to understand these cost differences. • Do the farms or ranches that surround the applying farm or ranch support Farm and Ranch Land long-term agricultural production? Protection Program (FRPP) • Does the owner meet the Adjusted Though the Farm and Ranch Land Protection Gross Income (AGI) limitation? (This is Program (FRPP) is essentially an easement pro- the same income limitation for all other gram, it is included in this publication because NRCS programs.) it provides resources to keep farms and ranches as working lands by protecting them from FRPP Benefit Determination being converted to other uses. The program is The NRCS share of the cost of the ease- unique in that it is only indirectly supportive ment cannot be larger than 50 percent of the of conservation practices. As noted below, some appraised market value. The applying farmer or of the eligibility requirements of the program rancher can contribute up to 25 percent of the require prior conservation efforts. Nonetheless, cost with the cooperating entity contributing up the benefits essentially support an easement. to another 25 percent. The total benefit calcula- The program is also unique in that NRCS tion includes all partners to the agreement and matches resources only with other non-federal available funding and the selection is made by entities. These entities are state, tribal, and local the state conservationist in each state. The size of governments and non-governmental easement the benefit varies depending on the value of the programs. For instance, the American Farm- easement. For instance, in Montana in 2005, land Trust (AFT) has an agricultural easement five easements were awarded under FRPP at a program, and a farmer or rancher could enter value of $2,221,000. into an agreement with AFT and then together with AFT could apply to FRPP for help to sup- port the total cost of the easement. The pro- Implementation gram is competitive and the demand for FRPP Being awarded an NRCS working-lands conser- resources far exceeds supply. Funding for the vation program contract is really only the begin- program varies across the United States (see ning of the process. NRCS working-lands con- Figure 5, next page). Finally, the program also tracts are legally binding and commit you to assesses the historical and archeological signifi- fulfilling your end of the bargain. With contracts cance of the easement property. lasting in some cases 10 years, it is important to Page 14 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 15. Figure 5. Map courtesy of NRCS/USDA. be absolutely clear on your commitments. By Appeals the same token, NRCS has also made signifi- The appeals process—like the programs them- cant commitments. During the implementation selves—is complex. The first thing to be clear phase, you need to work regularly with your about is the basis for your appeal. For instance, local NRCS agent to make sure you are making if you appeal the rejection of your application timely progress on your contract. for program benefits, remember that the pro- grams are competitive, and losing in that com- There may be disputes about either the fairness petition is not itself a reason to appeal. The gen- of the application process or about your obliga- eral basis for an appeal includes the following. tions during the implementation of the contract. Federal law does provide for formal processes of • Denial of participation in a program appeal. While NRCS works hard to make sure • Compliance with program requirements you understand the details of a program con- • The payment or amount of payments tract prior to implementation, knowing your or other program benefits to a program rights for appealing decisions is important. participant www.attra.ncat.org ATTRA Page 15
  • 16. • Technical determinations or technical the CSP, then you could appeal that program decisions that affect the status of land eligibility decision. even though eligibility for USDA ben- After you have decided the basis for an appeal efits may not be affected and the type of appeal, the next step is to make There are specific reasons that an appeal can be sure the program you applied for is a “Chapter rejected by NRCS. XII” program. All the programs outlined in this • General program requirements applicable publication are Chapter XII programs. Check to all participants (i.e., you cannot make with your local or state NRCS office for a list your farm or ranch a “special” case) of non-Chapter XII programs (See Resources ). • Science-based formulas and criteria. For example, eligibility for CSP is based on Chapter XII refers to the title of the Food a certain minimum performance score. Security Act of 1985, when the current You cannot appeal your eligibility on the appeals process was established basis that NRCS has chosen the wrong performance criteria to use. (However, if you think the wrong information was To begin the preliminary phase of the appeal used to calculate an performance score, process, ask in writing for one of three actions then an appeal may be warranted.) to take place within 30 days after notification of the decision you wish to contest. • The fairness or constitutionality of fed- eral laws. For example, you can’t argue • Make a request for a field visit and that it is unfair that you can’t apply reconsideration of an NRCS decision. for the CSP because you don’t happen • Ask for mediation of the contested decision. meet the statutory definition of a legal farming entity. • Appeal directly to the local Farm Service Agency (FSA)—usually county-based— • Technical standards or criteria that for a reconsideration of a decision. apply to all persons Which of these three routes to take in the • State Technical Committee member- appeals process is up to you. It may be hard ship decisions made by the State Con- to evaluate which is of greater benefit. Even servationist though the first choice explicitly provides for a • Procedural technical decisions relating “field visit,” all others will require a field visit to program administration anyway. The reconsideration and mediation pro- • Denials of assistance due to the lack of cesses should be completed within 30 days of funds or authority the request. Once you have established a basis for an appeal, Finally, even after these appeals are exhausted, determine whether you are appealing a “techni- you can still appeal a decision to the National cal determination” or a “program decision.” An Appeals Division (NAD) of USDA. This appeal of a technical determination challenges agency is independent of the other USDA agen- the correctness of “the status and condition of the cies and provides participants with the oppor- natural resources and cultural practices based on tunity to have a neutral review of an appeal. science and best professional judgment of natu- NAD can make independent findings but also ral resources professionals concerning soils, water, must apply laws and regulations of the respec- air, plants, and animals.” For example, the stock- tive agency to the case. ing rate of cattle on a particular range or pasture could be a contested technical decision. Conclusion An appeal of a program decision, on the other The conservation programs outlined in this pub- hand, challenges the correctness of the deter- lication are complex; access to these resources mination of eligibility or how the program is requires significant effort and an investment of administered and implemented. For example, if time and energy. The complexities of the programs the local NRCS is wrong in its determination are in part due to sincere efforts by a large federal that your farm or ranch is ineligible to apply for agency to make the programs locally relevant. Page 16 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 17. If you do not like the way programs are designed than 14 days prior to the meeting, and the State and implemented, NRCS is unique in that it Conservationist is required to prepare meeting also provides at least two ways for you to be agendas and necessary background informa- engaged in changing them. tion for the meetings. There is no requirement for any number of meetings in any given year, Local Working Groups but any USDA agency can request that a meet- ing be held. Local working groups are essentially a form of local governance of federal conservation pro- There is an extensive list of conservation grams. The meetings are open to the general pub- programs that the STC has responsibilities to lic and membership is open to any organization address. The list is available on the Internet or with broad interest in agriculture. The meetings by contacting your local or state NRCS office are convened by the local conservation district (see Resources). However, it is important to in each state, and the purpose of the group is to remember that the STC is only an advisory provide advice to the NRCS on conservation pro- body and has no legal enforcement or imple- grams. Contact your local NRCS office about mentation authority. Nonetheless, members of the meeting schedule in your area. As a farmer or the STCs are generally the leaders of agricul- rancher, you can attend these meetings and offer ture in a particular state. It would be difficult public comment on the decisions being made. for any State Conservationist not to give strong Incumbents of any of several local government consideration to the recommendations of this offices usually serve as leaders of these groups. important group. Additionally, the working groups provide advice in the following general areas: Final Word: • Conditions of the natural resources and Is Conservation a Public Good? the environment There are some farmers, ranchers, and agricul- • The local application process, including tural and conservation organizations that have ranking criteria and application periods had philosophical issues with the very intent of • Identifying the educational and train- working lands conservation programs. Regard- ing needs of producers ing the CSP, the concept of rewarding farm- ers and ranchers for their current conserva- • Cost-share rates and payment levels and tion efforts is fundamentally different from all methods of payment other federal conservation programs. Some have • Eligible conservation practices argued that if some farmers and ranchers are • The need for new, innovative conserva- already providing these benefits without public tion practices support, then why should scarce public resources be provided to continue these efforts? (Batie, • Public outreach and information efforts 2006). Others have argued that good steward- • Program performance indicators ship by farmers and ranchers provides a public (Montana NRCS, 2006) good or investment. This position holds that we all benefit from these stewardship efforts, and State Technical Committees public incentives are required to continue good stewardship of the land and, more importantly, Each state NRCS office has a State Technical to encourage those who do not provide these Committee (STC). The committee is comprised public benefits to do so (Kemp, 2005). of groups or individuals who represent a wide variety of natural resource issues. If you wish to The EQIP program supports farmers and ranch- serve on your STC, either as an individual or as ers who move toward improved conservation a representative of a group, you must write a let- practices that protect natural resources and the ter to your State Conservationist explaining your environment. The additional social benefits seem interest and credentials. Several federal agencies clearer than with the CSP. However, EQIP also must by law be represented on the committee has a role in regulating environmental dam- and many non-governmental and state agen- ages from agriculture by ending poor farming cies are encouraged to participate as well. Public and ranching practices before governmental notification of meetings must be made no later enforcement actions are imposed. Consequently, www.attra.ncat.org ATTRA Page 17
  • 18. EQIP is often criticized for rewarding the worst programs still only represent about eight per- environmental actors in the agriculture system. cent of all USDA expenditures. So even at this These issues, like many others in our demo- higher level of activity, the federal govern- cratic system, strike at the broader issue of ment is far more engaged in agriculture and the proper role of government in protecting food systems in ways not related to the pro- both the environment and the future pro- tection of our agricultural resource base and ductive capacity of natural resources. Even natural environment. Perhaps conservation with the substantial increases in federal con- eff orts need to be of even higher priority in servation resources since 2002, conservation the United States. References Batie, Sandra. 2006. Green Payments Discussion Continues, Guide to the Conservation Stewardship Program, is particu- Journal of Soil and Water Conservation, January/February, larly useful for more information on the CSP. Their website Vol. 61, No. 3. is http://sustainableagriculture.net. ERS. 2006. Contrasting Working-Land and Land Retirement Programs. Economic Research Service, USDA, Internet, Intranet, and Telephone Economic Brief No. 4. NRCS has an excellent intranet-based information sys- Kemp, Loni. 2005. Conservation Investments: Green tem. The national NRCS website links to all state NRCS Payments Can Replace a Broken Policy. Conservation websites. In turn, state websites link to local NRCS office Planner, Vol. X, No. 3, Minnesota Project. websites if the local office maintains a site. Starting at the national NRCS site is the best way to begin a search of all Lundgren, Britt, Jody Biergiel, Meaghan Donovan, the programs and services the NRCS provides. Christine Lee, and Kathleen Merrigan. 2006. The Conservation Security Program: Rewards and If you do not have Internet access, your phone book should challenges for New England farmers. Tufts University and list your local county NRCS office in the federal government American Farmland Trust. www.farmland.org/programs/ section. If not, call the following state offices to get the states/documents/NECSP.pdf (PDF / 2.8M) phone number of your local office. Resources State Office Contacts The Natural Resources Conservation Service has offices at National Sustainable Agriculture Coalition state, area, and district levels. For information on conservation This 80-plus member coalition offers the latest information for a specific state or county, phone the State Conservationist on federal conservation policy. A 2009 publication, Farmers’ listed below. Page 18 ATTRA Federal Conservation Resources for Sustainable Farming and Ranching
  • 19. State State Conservationist Phone Fax E-mail Alabama William (Bill) Puckett 334-887-4500 334-887-4552 bill.puckett@al.usda.gov Alaska Robert N. Jones 907-761-7760 907-761-7790 robert.jones@ak.usda.gov Arizona David L. McKay 602-280-8801 602-280-8809 david.mckay@az.usda.gov Arkansas Mike Sullivan 501-301-3100 501-301-3194 mike.sullivan@ar.usda.gov California Lincoln E. (Ed) Burton 530-792-5600 530-792-5790 ed.burton@ca.usda.gov Caribbean Area Edwin Almodovar 787-766-5206 x237 787-766-6563 edwin.almodovar@pr.usda.gov Colorado James Allen Green 720-544-2810 720-544-2965 allen.green@co.usda.gov Connecticut Douglas Zehner 860-871-4011 860-871-4054 doug.zehner@ct.usda.gov Delaware Russell Morgan 302-678-4160 302-678-0843 russell.morgan@de.usda.gov Florida Carlos Suarez 352-338-9500 352-338-9574 carlos.suarez@fl.usda.gov Georgia James E. Tillman Sr. 706-546-2272 706-546-2120 james.tillman@ga.usda.gov Hawaii Lawrence T. Yamamoto 808-541-2600 x100 808-541-1335 larry.yamamoto@hi.usda.gov Idaho Jeff Burwell 208-378-5700 208-378-5735 jeff.burwell@id.usda.gov Illinois William J. Gradle 217-353-6600 217-353-6676 bill.gradle@il.usda.gov Indiana Jane E. Hardisty 317-290-3200 317-290-3225 jane.hardisty@in.usda.gov Iowa Richard Sims 515-284-6655 515-284-4394 richard.sims@ia.usda.gov Kansas Eric B. Banks 785-823-4565 785-823-4540 eric.banks@ks.usda.gov Kentucky Thomas A. Perrin 859-224-7350 859-224-7399 tom.perrin@ky.usda.gov Louisiana Kevin D. Norton 318-473-7751 318-473-7626 kevin.norton@la.usda.gov Maine Juan Hernandez 207- 990-9585 207-990-9599 juan.hernandez@me.usda.gov Maryland Jon F. Hall 410-757-0861 x315 410-757-0687 jon.hall@md.usda.gov Massachusetts Elvis Graves, Acting 413-253-4351 413-253-4375 elvis.graves@gnb.usda.gov Michigan Garry D. Lee 517-324-5270 517-324-5171 garry.lee@mi.usda.gov Minnesota Don A. Baloun 651-602-7900 651-602-7914 don.baloun@mn.usda.gov Mississippi Homer L. Wilkes 601-965-5205 601-965-4940 homer.wilkes@ms.nrcs.usda.gov Missouri J. R. Flores 573-876-0901 573-876-9439 jr.flores@mo.usda.gov Montana Joyce Swartzendruber 406- 587-6813 406-587-6761 joyce.swartzendruber@mt.usda.gov Nebraska Stephen K. Chick 402-437-5300 402-437-5327 steve.chick@ne.usda.gov Nevada Bruce Petersen 775-857-8500 775-857-8524 bruce.petersen@nv.usda.gov New Hampshire Richard Ellsmore 603-868-7581 x125 603-868-5301 richard.ellsmore@nh.usda.gov New Jersey Thomas Drewes 732-537-6040 tom.drewes@nj.usda.gov New Mexico Dennis L. Alexander 505-761-4400 505-761-4481 dennis.alexander@nm.usda.gov New York Astor Boozer 315-477-6504 315-477-6550 astor.boozer@ny.usda.gov North Carolina J.B. Martin, Jr. 919-873-2102 919-873-2156 jb.martin@nc.usda.gov North Dakota Paul Sweeney 701-530-2000 701-530-2110 paul.sweeney@nd.usda.gov Ohio Randy Jordan (Acting) 614- 255-2472 614-255-2475 randy.jordan@oh.usda.gov Oklahoma Ronald L. Hilliard 405-742-1204 405-742-1126 ron.hilliard@ok.usda.gov Oregon Ron Alvarado 503-414-3200 503-414-3103 ron.alvarado@or.usda.gov Lawrence T. (Larry) Pacific Basin 671-472-7490 671-472-7288 larry.yamamoto@pb.usda.gov Yamamoto Pennsylvania Denise Coleman 717-237-2203 717-237-2238 denise.coleman@pa.usda.gov Phoukham (Pooh) Rhode Island 401- 828-1300 Ext. 8 401-822-0433 pooh.vongkhamdy@ri.usda.gov Vongkhamdy www.attra.ncat.org ATTRA Page 19