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West Virginia ACEP ALE Application Guidance

Attachment B_NRCS WV FY23 ACEP ALE Application Guidance (255.89 KB)

Current forms, example maps, and other relevant materials must be utilized and may be accessed from the West Virginia ALE Webpage.

This guidance is in lieu of any forthcoming guidance from NRCS National Headquarters (NHQ) specific to FY23. Therefore, updates to application packets may be necessary at a later time.

All eligible NRCS easement program applications are assessed and ranked in the Conservation Assessment Ranking Tool (CART). Incomplete and/or ineligible applications will not be ranked. A complete application is one that is submitted on the appropriate forms, filled out accurately and completely, accompanied by all required supporting documentation outlined in this ACEP ALE and RCPP ALE Application Guidance document, and signed by all required parties. Only properly completed and executed applications submitted by the application cutoff date will be considered for funding in Fiscal Year 2023 (FY23).

Entity Documentation

  1. Form NRCS-CPA-41 (dated February 2020 or later).
    1. Please read all form instructions and ensure the form is filled out accurately and completely including all necessary signatures. Submit only one CPA-41 per entity.
    2. All Eligible Entities who will be a party to the Program Agreement and/or who will provide funds toward one or more of the parcels submitted for application must be listed on the form and must sign the form.
    3. Please note that Section F (“Easement Value and Compensation Costs”) and Section G (“Roles, Contributions, and Distributions”) do not need completed for Program Agreements.
    4. Note that the Eligible Entity is self-certifying they have the resources to acquire, monitor, manage, and enforce, the easements being applied for and acknowledge that additional documentation to substantiate this may be required to receive Federal cost-share assistance.
    5. If eligible and selected for funding, prior to closing, the Eligible Entity must further certify as part of the “Statement to Confirm Matching Funds” (NRCS-CPA-230E), that the Eligible Entity’s own contributions and costs, as listed on the NRCS-CPA-230E, did not come from additional donations, payments, loans, or fees made by or charged to the Grantors of the ALE easement, their immediate family members, or organizations controlled or funded by Grantors, either through formal or informal agreements. Grantor must also understand that the ACEP ALE and RCPP ALE programs do not require a landowner donation or contributions to stewardship or acquisition funds.
    6. Also note the Eligible Entity is self-certifying that it has received and reviewed a copy of the required ALE-Agreement Template and associated Exhibits, accessible from the NRCS WV ACEP ALE WEBPAGE, and understand that the terms of the agricultural land easement deed must address the provisions required as a condition of participation in the ALE-Agreement.
    7. Eligible Entities with current and valid ACEP ALE or RCPP ALE Program Agreements may simply submit NRCS-CPA-41A parcel applications for individual Parcel Contracts to be added to their existing Program Agreements. Submission of a NRCS-CPA-41 is not required.
  2. Signature authority for the Eligible Entity.
    1. This can be documented by providing the Eligible Entity’s bylaws, articles of incorporation, operating agreement, articles of organization, trust documents, meeting minutes, or similar documentation showing whom has authority to sign for the Eligible Entity.
    2. If you have applied in previous years and the signatories have not changed—please continue to include this documentation in your application packet anyway.
  3. Documentation of the Eligible Entity’s commitment to long-term conservation of agricultural lands through the use of voluntary conservation easements that protect farm or ranch lands from conversion to nonagricultural uses.
    1. This must include a list of all the closed conservation easements held by the Eligible Entity.
  4. Documentation of the Eligible Entity’s capability and record of acquiring, holding, managing, and enforcing conservation easements.
    1. This must include a citation to the State conservation easement enabling statue that the entity will rely on to acquire the agricultural land easements.
    2. If the entity is a State, local, or Tribal government, then this must include a citation to the Eligible Entity’s statutory authority to acquire conservation easements consistent with the purposes of ALE (e.g., W. Va. Code §8A-12-1 et seq.).
    3. If the entity is a Non-Governmental Organization (NGO), then this must include a citation to the Eligible Entity’s statutory authority to acquire conservation easements consistent with the purposes of ALE (e.g., W. Va. Code §21-12-1 et seq.).
    4. This must also include:
      1. the date of the most recent monitoring for all closed easements;
      2. who completed the monitoring; and
      3. the outcome of that monitoring.
  5. Documentation of Eligible Entity’s capacity to monitor and enforce the agricultural land easements.
    1. This must include a list of all staff members and/or volunteers devoted to monitoring and enforcement of the Eligible Entity’s conservation easements and their current financial position as required to complete the NRCS WV FY23 ALE Eligibility Matrix described below.
  6. DUNS Number.
  7. Screen-print from SAM.gov showing active registration.
  8. Direct Deposit Form (SF-1199A).
    1. Due to the new NRCS Business Tools and certain softwares utilized by NRCS, Eligible Entities must submit a current SF-1199A along with their application to ensure they are listed as an active vendor within those systems. Failure to submit a current SF-1199A at application could impede obligation if a parcel(s) is selected for funding.
    2. If an Eligible Entity already has an active SF-1199A on file with NRCS WV—please submit this form anyway in order to confirm the information is the same and hasn’t changed from the prior year(s).

Parcel Documentation

  1. Form NRCS-CPA-41A (dated February 2020 or later).
    1. Please read all form instructions and ensure the form is filled out accurately and completely including all necessary signatures. Submit one CPA-41A for each parcel submitted for potential funding.
    2. If prime, unique, or other productive soils are the eligibility category—be sure to list the percent of the parcel offered for NRCS easement that is prime, unique, or other productive soil. Starting with the CPA-41A, this should be consistent with the percent soils reported elsewhere in the application packet.
    3. The NRCS “Parcel Offered Acres” should be listed and should be consistent throughout the application packet beginning with the CPA-41A. The acreage offered for NRCS easement must be supported by the evidence of ownership.
      1. Note the NRCS “Parcel Offered Acres” pertain to the NRCS easement area only. Unencumbered (i.e., excepted) acres or non-NRCS easement acreage (i.e., locally funded only or donated acres) should not be included in the NRCS “Parcel Offered Acres” calculation.
    4. If the parcel contains forestland, be sure to identify the percent forest cover. Starting with the CPA-41A, this percentage should be consistent with forest land acreages, percentages, and maps reported elsewhere in the application packet.
      1. ALE easements may only contain forest land on up to two-thirds (66%) of the easement area.
    5. Section D (“Easement Value and Compensation Costs and Non-Federal Share Information”) must be filled out accurately and completely.
      1. The non-Federal Share may by comprised of the following in a stepwise fashion:
        1. Eligible Entity’s cash contribution toward easement payment to landowner;
        2. Landowner’s donation or charitable contribution reducing easement purchase price;
        3. Procured costs paid by the Eligible Entity for certain easement acquisition-related expenses; or
        4. Eligible Entity’s costs for monitoring and stewardship (up to 2% of the Fair Market Value (FMV) of the easement).
      2. Note: when an Eligible Entity intends to provide less than 10% of the FMV of the easement in the form of a cash contribution for easement compensation then the Eligible Entity must provide evidence as requested by NRCS of its ability to steward and monitor the parcel.
      3. The values reported in this table should be consistent with the easement values reported throughout the application packet. These values cannot be changed after application.
    6. Note that the Eligible Entity is self-certifying they have the resources to acquire, monitor, manage, and enforce the easements being applied for and acknowledge that additional documentation to substantiate this may be required to receive Federal cost-share assistance.
      1. If eligible and selected for funding, prior to closing, the Eligible Entity must further certify as part of the “Statement to Confirm Matching Funds” (NRCS-CPA-230E), that the Eligible Entity’s own contributions and costs, as listed on the NRCS-CPA-230E, did not come from additional donations, payments, loans, or fees made by or charged to the Grantors of the ALE easement, their immediate family members, or organizations controlled or funded by Grantors, either through formal or informal agreements. Grantor must also understand that the ACEP ALE and RCPP ALE programs do not require a landowner donation or contributions to stewardship or acquisition funds.
    7. Note the entity is self-certifying that it has received and reviewed a copy of the required ALE-Agreement Template and associated Exhibits, accessible from the NRCS WV ACEP ALE WEBPAGE, and understand that the terms of the agricultural land easement deed must address the provisions required as a condition of participation in the ALE-Agreement.
    8. Note the landowner is self-certifying their awareness of the United States’ requirements regarding the agricultural land easement deed and have received a copy of the United States’ required deed terms and conditions.
  2. Written Pending Offer.
    1. A pending offer is a written bid, contract, or option to convey a conservation easement. The Written Pending Offer may be extended by the Eligible Entity to the landowner to acquire the conservation easement or may be from the landowner to the Eligible Entity to sell the conservation easement. A Written Pending Offer may take the form of a signed option-to-purchase agreement or other type of purchasing agreement, a letter of intent to sell the easement, an offer letter from the landowner to the Eligible Entity, or other similar documentation.
    2. Eligible Entities are encouraged to utilize the sample Written Pending Offer letter available on the NRCS WV webpage.
    3. All acreages and dollar amounts listed on the Written Pending Offer should be consistent with acreages and dollar amounts reported throughout the remainder of the application packet.
  3. Clear proof of ownership.
    1. Proof of ownership is satisfied by providing the recorded source deed. Proof of ownership can be shown by providing a will (or series of wills) disposing of the offered property, along with deeds showing that the decedent(s) previously took ownership of the offered property.
    2. Proof of ownership must be satisfied for all property offered for NRCS easement. For example, if the application lists 300 acres, deeds conveying at least 300 acres must be provided. Tax tickets are not sufficient proof of ownership—the legal instrument(s) of record conveying the subject property must be provided.
    3. If a grantee or other interest holder has passed away, NRCS requires evidence of this, such as a death certificate.
    4. If proof of ownership is not clear for NRCS staff, or if the number of acres offered for easement are not explicitly supported by the source deed(s), then the application will be determined ineligible due to insufficient evidence of ownership.
  4. Evidence of signature authority to act on the behalf of other individuals (if necessary).
    1. An example of this would be a legal document granting Power of Attorney (POA).
  5. Location Map
    1. ​​​​​​​The Location Map should be at a small enough scale to where the county boundary can be viewed in relation to the easement boundary. The base map provided as the background for this Location Map is at the applicant’s discretion so long as the parcel being offered for NRCS easement can easily be located in connection to the county boundary.
    2. A Web Soil Survey map is not sufficient to meet the Location Map requirement.
  6. Easement Boundary/Access Map
    1. ​​​​​​​The Easement Boundary/Access Map must consist of a recent aerial image showing the proposed NRCS easement boundary and offered acreage. NRCS “Parcel Offered Acres” must be clearly labeled and must match all other acreages reported in the application packet.
      1. If the offered acres are a portion of a larger unencumbered parcel (i.e., an exception), the boundary of the larger unencumbered parcel must also be clearly shown on the same map. The NRCS easement area and the unencumbered area should be labeled along with their associated acreages.
      2. If the parcel offered for easement will have an NRCS-easement area and a non-NRCS easement area (i.e., locally funded or donated acres), then the NRCS-easement and non-NRCS easement area must be clearly delineated, labeled, and the acres reported separately (i.e., NRCS easement area acres versus non-NRCS easement area acres).
      3. The aerial imagery must be captured during leaf-on to properly represent the forest land use acres which should be consistent with forest land use acreages and proportions reported elsewhere in the application packet.
        1. ALE easements may only contain forest land on up to two-thirds (66%) of the easement area.
      4. If there is an exception to the easement not contiguous to the boundary and/or not owned by the applicant (i.e., an in-holding), the State Conservationist requires that in-holding, and access to that in-holding, to be surveyed out prior to making application to NRCS WV. The new boundary survey, and evidence of ownership to the in-holding if necessary, must be included in the application packet otherwise the application will be considered incomplete.
      5. NRCS WV prohibits subdivision of protected properties enrolled in ACEP ALE and RCPP ALE. Therefore, applications requesting subdivision will be considered incomplete due to inconsistency with NRCS WV policy.
      6. Boundaries cannot be changed after application.
    2. The Easement Boundary/Access Map must also show access. Most commonly, access is through either a public road or a recorded, perpetual, right-of-way from a public road specifically to the property. Access should be identified by clearly labeling the route number of the public road(s) from which the parcel will be accessed or the access route between the public road and the parcel along with the recorded right-of-way document providing legal access. Sufficient access requires NRCS to have both physical and legal access to the easement area. Physical access is sufficient if NRCS can reliably, safely, and efficiently conduct onsite visual and physical inspections of the parcel to monitor compliance with the terms of the easement (528.62(B)(3)(i)). Legal access is defined as an insurable, unconditional, and transferable legal right of recorded access for the term of the easement (528.62(B)(3)(ii)).
    3. The map should note where and if third-party lands are crossed.
      1. If the offered property adjoins a public road, the route number must be clearly displayed. Do not list common road names. West Virginia Division of Highways GIS County Maps are located at the following web address: https://gis.transportation.wv.gov/CountyMapsApp/.
      2. If access is via a personal right-of-way, evidence such as a recorded instrument conveying the right-of-way must be provided with the application packet along with evidence of the underlying ownership over which the right-of-way traverses. Evidence that the personal right-of-way connects to a public road must also be provided.
    4. A Web Soil Survey map is not sufficient to meet the Easement Boundary/Access Map requirement.
  7. Farmland Classification Map
    1. ​​​​​​​The Farmland Classification Map and report will note soil classification and the user should not need to note the classification by hand. The report should include all land proposed to be funded by NRCS WV.
    2. Note that any unencumbered acres (i.e., exceptions) or non-NRCS easement area acres (i.e., locally funded only or donated acres) should not be included in the Farmland Classification Map.
    3. The acreage shown on the report must match the NRCS “Parcel Offered Acres” reported elsewhere in the application.
    4. Please do not include an entire soil report. The farmland classification map, legend, and rating table are sufficient.
  8. Farm Service Agency (FSA) Map showing cropland and non-cropland land use categories and HEL/NHEL/UHEL fields.
    1. ​​​​​​​Include an FSA Map that shows the cropland and non-cropland land use categories and acres on the offered parcel. These land uses should correspond relatively closely to the land use analysis on Tab 4, Section 9, of the ALE Eligibility Matrix. NRCS Field Office Staff can assist in obtaining the FSA Map, as necessary.
    2. This map also shows whether fields have been determined Highly Erodible (HEL), Not Highly Erodible (NHEL) or are Undetermined (UHEL) which assists in knowing whether a Conservation Plan for 2018 Farm Bill enrollments, or a Conservation Plan Component to the ALE Plan for 2014 Farm Bill enrollments, will be needed.
    3. A Web Soil Survey map is not sufficient to meet the FSA Map requirement.
  9. Land Use Map
    1. ​​​​​​​Provide a Land Use Map that clearly labels each land use and their corresponding acreages. NRCS Field Office Staff can assist Eligible Entities in creating this map.
    2. The aerial photography used for the Boundary/Access Map should be the same aerial photography used for the Land Use Map.
    3. The aerial photography should be recent and during leaf-on season in order to properly represent the forest land use acres which should be consistent with acreages and proportions reported elsewhere in the application.
      1. ALE easements may only contain forest land on up to two-thirds (66%) of the easement area.
    4. These land uses should also correspond to the land use analysis on Tab 4, Section 9, of the ALE Eligibility Matrix.
    5. A Web Soil Survey map is not sufficient to meet the Land Use Map requirement.
  10. Completed FY23 ALE Eligibility Matrix
    1. ​​​​​​​Complete the most recent ALE Eligibility Matrix according to the instructions contained therein. Ensure the form is filled out accurately and completely including all necessary signatures.
    2. All acreages and dollar amounts listed should be consistent throughout the application packet.
    3. Please be sure to list the number of residential dwellings/retained development rights and the total acreage. This cannot be changed after application.
      1. NRCS WV requires the number of residential dwellings/retained development rights to be identified at the time of application; and the location of residential dwellings/retained development rights to be identified before closing. Locating residential dwellings/retained development rights after closing (i.e., “floating development rights”) are not permitted.
  11. Other evidence to support ranking data
    1. ​​​​​​​If the application proposes points for any other items, evidence must be provided for onsite ranking verification.
    2. For example, if the application proposes points for a stream(s) on the offered property, a Stream Map clearly showing the location of the stream(s) must be provided for onsite ranking verification.
    3. If the application proposes points for threatened or endangered species, an Interagency Coordination Tool (ICT) printout must be provided.
    4. If the application proposes ranking points for nearby protected land(s), a Proximity Map must be provided. On a map or aerial photograph, indicate:
      1. the location of the proposed easement;
      2. the location and identity of the other protected land; and
      3. the distance, in miles or feet, between the proposed easement and the other protected land.
    5. If an application proposes points for headwaters, minor perennial streams, sinkholes/caves, springs, and/or wetlands, then a map clearly showing the location of such natural features on the parcel offered for easement must be provided for onsite verification.
    6. A Web Soil Survey map is not sufficient to meet these mapping requirements.
  12. Farmstead Complex Areas
    1. ​​​​​​​Farmstead Complex Areas should not be excessively large and should be limited in number. Generally, these areas should be located near existing farm roads or travel ways. Existing farm structures shall be included.
    2. Farmstead Complex Areas in the center of the prime, unique, or other productive soils, are discouraged. However, given the topography of the state, it is understood this may be unavoidable at times.
  13. Narrative statement or map illustrating the parcel’s accessibility to agricultural markets.
    1. ​​​​​​​This does not need to be extensive discourse or complex mapping. Simple explanations or maps will do.
    2. If multiple parcels are close in proximity to one another (e.g., within the same county), then only one narrative statement or map regarding agricultural markets is necessary.
  14. Narrative statement or map illustrating the parcel’s access to existing agricultural infrastructure and other support systems.
    1. ​​​​​​​This does not need to be extensive discourse or complex mapping. Simple explanations or maps will do.
    2. If multiple parcels are close in proximity to one another (e.g., within the same county), then only one narrative statement or map regarding agricultural infrastructure is necessary.
  15. Narrative statement or map illustrating the threat of conversion or fragmentation for each parcel.
    1. ​​​​​​​This does not need to be extensive discourse or complex mapping. Simple explanations or maps will do.
    2. If multiple parcels are close in proximity to one another (e.g., within the same county), then only one narrative statement or map regarding the threat of conversion or fragmentation is necessary.
  16. Hazardous Materials Field Inspection Checklist (NRCS completes with landowner).
    1. ​​​​​​​This form must be filled out completely and accurately. NRCS will usually complete this checklist in consultation with the landowner during the onsite ranking visit. The form must be current and cannot be from a prior year’s application as the content matter of this checklist is subject to change. The form must be signed by the NRCS staff member who conducted the examination.
  17. Hazardous Materials Landowner Interview (NRCS completes with landowner).
    1. This form must be filled out completely and accurately. NRCS will usually complete the interview with the landowner during the onsite ranking visit. The form must be current and cannot be from a prior year’s application as the content matter of the interview is subject to change. The form must be signed by the landowner and NRCS staff member who conducted the interview.
  18. Landowner Disclosure Worksheet (NRCS completes with landowner).
    1. This form must be filled out completely and accurately. NRCS will usually complete the worksheet with the landowner during the onsite ranking visit. The form must be current and cannot be from a prior year’s application as the content matter of the worksheet is subject to change. The form must be signed by the landowner and NRCS staff member who completed the worksheet.
  19. Landowner must go to FSA and file a CCC-902 (Farm Operating Plan), CCC-941 (AGI certification), and AD-1026 (HEL/WC certification).
    1. ​​​​​​​Individuals applying for NRCS programs must complete form CCC-902 and remit all required information to the local FSA Office promptly for a County Office Commission (COC) determination unless already in a “filed” or “determined” status. Failure to do so may result in the landowner not being in a “determined” status prior to NRCS WV State Office review.
    2. Form CCC-941 must be submitted to FSA as soon as the fiscal year begins on October 1. Failure to do so may result in the landowner not being in a compliant status prior to NRCS WV State Office review.
    3. The AD-1026 may be filed prior to October 1 and must be in a compliant status prior to NRCS WV State Office review.
    4. Landowners will be evaluated for landowner eligibility (i.e., appropriate COC, AGI, and HEL/WC statuses) by NRCS WV State Office Staff beginning Friday, April 28, 2023. Those that have not filed or are in an otherwise ineligible COC determination, AGI, or HEL/WC status, on this date, will be removed from consideration for FY23 funding.
  20. Copies of any title reports for the parcel, if available.
  21. Copies of appraisal reports for the parcel, if available.
  22. Copies of any environmental site assessments, if available.

If Landowner is an Entity (such as an LLC or Trust):

  1. The entity must go to FSA and file a CCC-902 (Farm Operating Plan), CCC-941 (AGI certification), and AD-1026 (HEL/WC certification); and depending on the business type of the entity, members must file either the CCC-941 (AGI certification) and possibly the AD-1026 (HEL/WC certification) as well. Please compare the business type of the entity to the “Landowner Eligibility Matrix” PDF form on the NRCS WV ACEP ALE web page to determine these filing requirements.
    1. Legal entities applying for NRCS programs must complete form CCC-902 and remit all required information to the local FSA Office promptly for a County Office Commission (COC) determination unless already in a “filed” or “determined” status. Failure to do so may result in the entity not being in a “determined” status prior to NRCS WV State Office review.
    2. Form CCC-941 must be submitted to FSA as soon as the fiscal year begins on October 1. Failure to do so may result in the entity, or one of its members, not being in a compliant status prior to NRCS WV State Office review.
    3. The AD-1026 may be filed prior to October 1 and must be in a compliant status prior to NRCS WV State Office review.
    4. Landowners that are entities will be evaluated for landowner eligibility (i.e., appropriate COC, AGI, and HEL/WC status) by NRCS WV State Office Staff beginning Friday, April 28, 2023. Those that have not filed or are in an otherwise ineligible COC determination, AGI, or HEL/WC status, on this date, will be removed from consideration for FY23 funding.
  2. Signature authority document (e.g., articles of incorporation, operating agreement, articles of organization, trust documents, etc.) and evidence that the entity is in good standing with the Secretary of State of WV must be provided with the application materials.
  3. As a reminder, all eligible NRCS easement program applications are assessed and ranked in CART. Ranking criteria are published on the NRCS WV ACEP ALE WEBPAGE at least 30-days prior to the application deadline each fiscal year.

Matt Oliver, State Easement Specialist     or     NRCS.WVEasements@usda.gov