2010 Farm and Ranch Lands Protection Program

The Food, Conservation, and Energy Act of 2008 reauthorized the Farm and Ranch Lands Protection Program (FRPP).   The FRPP provides matching funds to help purchase development rights to keep productive farm and ranchland in agricultural uses. Working through existing programs, USDA partners with State, tribal, or local governments and non-governmental organizations to acquire conservation easements or other interests in land from landowners. USDA provides up to 50 percent of the fair market easement value of the conservation easement.

• Eligible landowners must complete an NRCS-CPA-1200 and certify that they do not exceed the Adjusted Gross Income limitation eligibility requirements and are in compliance with Wetland Conservation and Highly Erodible Land provisions of the Farm Bill before the cooperative agreement is signed.  Contact the local Farm Service Agency (FSA) and the NRCS office for additional assistance as needed. 

• The 2008 Farm Bill will allow up to 67% of the offered easement area to be in forestland, however, forestland greater than 10% of the easement area must have a forest management plan.  The forest management plan will be prepared by a professional forester. 

• FRPP can contribute no more than 50% of appraised fair market value (AFMV), the cooperating entity must contribute the balance of the cost.  A cooperating entity may use a landowner donation as part of their contribution, however, the cooperating entity must pay a minimum of 25% of the purchase price (AFMV minus landowner donation). 

• The 2008 Farm Bill version of the FRPP retains the 2% impervious surface limit.  A waiver must be requested and granted to exceed 2% but cannot exceed 10% under any circumstances.  Such waiver requests would be included in the application package.   A waiver request would include a detailed account of the impervious surfaces and their respective uses/value to the parcel in order to justify exceeding 2%.

• NRCS staff will rank all applications and determine which ones will be funded.

• The cooperating entity is responsible for the appraisal, survey, and title search.

• Easements will be held by the cooperating entity only.  The United States will not pay or hold title insurance on deeds beginning with 2010 cooperative agreements.

• The 2008 Farm Bill rule will allow deeds to have a ‘Right of Enforcement’ clause.  The United States no longer has the right to assume ownership of the easement if the entity does not enforce the provisions of the conservation easement deed.

• The 2008 Farm Bill and Rule allows cooperating entities to choose a standard on which to base compensation.  Appraisals may be either USPAP or UASFLA (Yellow Book).

• A technical review of the first appraisal, of each appraiser, in each program year is required.  All appraisals over $1 million of FRPP contribution and all appraisals ‘flagged’ by an administrative review, will receive a technical review.   No less than 10% of all appraisals will be reviewed each year.

• A hazardous materials records search and field visits are conducted on each parcel. Each landowner is interviewed by NRCS staff to clarify FRPP policy on the funding requirements and easement acquisition process.

• Cooperating entities must follow the timelines outlined in the Delaware 2010 FRPP Timeline Information document.