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ISAP | Conservation Practices, the Supply Chain, & Consumers

Margaret Henry, Director of Sustainable Agriculture - Pepsico
Ryan Sirolli, Global Row Crop Sustainability Director - Cargill

Companies along the food and fiber supply chain are thinking through how to incentivize clean water and conservation practices while providing for consumers’ wants and demands.
 

Submit Input to NRCS on Easement Rule


The Natural Resources Conservation Service has posted a new Agricultural Conservation Easement Program rule to the Federal Register. The Assistant State Conservationist for Easement Program from Illinois NRCS explains just how easements work and what the new rules offer. Listen to Todd Gleason’s interview with Paula Hingson.


USDA NRCS Press Release

Champaign, Illinois – USDA’s Natural Resources Conservation Service (NRCS) seeks public comments on its interim rule for the Agricultural Conservation Easement Program (ACEP). ACEP is USDA’s premier conservation easement program, helping landowners protect working agricultural lands and wetlands. The interim rule – now available on the Federal Register – will be in effect until the final rule is published. These activities will make changes to the program prescribed by the 2018 Farm Bill.

“Through easements, agricultural landowners are protecting agricultural lands from development, restoring grazing lands and returning wetlands to their natural conditions,” said Ivan Dozier, NRCS State Conservationist in Illinois. “The new changes to ACEP under the 2018 Farm Bill make it stronger and more effective and will result in even better protection of our nation’s farmlands, grasslands and wetlands.”

NRCS is investing more than $300 million in conservation easements for fiscal 2020. NRCS state offices will announce signup periods for ACEP in the coming weeks. Changes to ACEP for agricultural land easements include:

  • Authorizing assistance to partners who pursue “Buy-Protect-Sell” transactions.
  • Requiring a conservation plan for highly erodible land that will be protected by an agricultural land easement.
  • Increasing flexibility for partners to meet cost-share matching requirements.

Changes to ACEP for wetland reserve easements include:

  • Identifying water quality as a program purpose for enrollment of wetland reserve easements.
  • Expanding wetland types eligible for restoration and management under wetland reserve easements.

“Conservation easements have a tremendous footprint in the U.S. with nearly 5 million acres already enrolled. That’s 58,000 square miles,” NRCS Chief Matthew Lohr said. “This is a great testament to NRCS’s and landowner’s commitment to conservation.”

Submitting Comments NRCS invites comments on this interim rule through March 6 on the Federal Register. Electronic comments must be submitted through regulations.gov under Docket ID NRCS–2019–0006. All written comments received will be publicly available on regulations.gov, too. NRCS will evaluate public comments to determine whether additional changes are needed. The agency plans on publishing a final rule following public comment review.

Applying for ACEP ACEP aids landowners and eligible entities with conserving, restoring and protecting wetlands, productive agricultural lands and grasslands. NRCS accepts ACEP applications year-round, but applications are ranked and funded by enrollment periods that are set locally.

For more information on how to sign up for ACEP, visit your state website at nrcs.usda.gov or contact your local NRCS field office.

Adding the Costs of Conservation to a Farm Lease


Farmers and landowners alike are wanting to try more conservation practices. Todd Gleason reports the timing and amount of nitrogen applications along with the use of cover crops can all be written into a farm lease.

farmdoc farm lease page link

(1) Soil Health and Conservation Addendum

The Soil Health and Conservation Addendum is for a landowner who seeks to reach clear understanding with the farm-tenant about practices on the land under lease. The addendum is a fillable pdf and the parties can negotiate the specific provisions to include in the addendum, memorializing the agreement by selecting the specific provisions. The provisions and fillable pdf are designed to be additive: each selected provision will be incorporated in the lease agreement.
Included among the provisions that can be selected are those for tillage practices and cover crop practices. There are also specific provisions pertaining to other conservation efforts that may be present on the farmland, such as ditches, vegetative buffers, terraces or other erosion control measures. The addendum also includes general options that address soil health and conservation efforts for the farmland. Finally, the addendum provides options for the parties to agree to adjustments in the annual rent based on the provisions for soil health and conservation selected above. All of these are only options and the parties are free to adjust or revise the provisions as they consider best and all are again advised to discuss with legal counsel before completing.


(2) Nutrient Management Addendum

Similarly, the Nutrient Management Addendum is a fillable pdf that provides for selecting basic provisions that can be incorporated into any lease. Among the options are those pertaining to adherence to the Maximum Return to Nitrogen (MRTN) for nutrient application on the land subject to the lease, as well as for requiring specific application practices such as split application. Options also include for soil testing, adoption of nutrient management plans and the application of manure, such as an agreement to avoid application on frozen ground.
This addendum also provides options for the parties to agree to adjustments in the annual rent based on the provisions for soil health and conservation selected above. All of these are only options and the parties are free to adjust or revise the provisions as they consider best and all are again advised to discuss with legal counsel before completing.


(3) Conservation Habitat Addendum

This addendum provides specific options pertaining to wildlife habitat on the farmland that is subject to the underlying lease. This addendum provides for general descriptions of the critical area and options for agreeing to basic maintenance or integrated pest management practices. The addendum also provides space for the parties to agree to any adjustments to the rent due to the conservation habitat on the farmland subject to the lease. Again, these options create or alter legal rights and both the landowner and the farm-tenant are advised to consult with their respective legal counsel before completing the addendum.

Conserving Soil & Protecting Water - it's kinda what we do...