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HomeMy WebLinkAbout2002 NS Agreement Cooperative Agreement – Acceptance of USDA Grant for Farmland EasementsTEMPLATE 09/13/02 ~ Agreement No. COOPER.ATIVE AGREEMENT BETWEEN THE LTNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION and Orange County for the FARMLAND PROTECTION PROGRAM This Cooperative Agreement, made this day of , 2002 is entered into by and between the United States of America, acting by and through the Commodity Credit Corporation (CCC), and Orange County for the implementation of the Farmland Protection Program (FPP). The CCC shall utilize the expertise and services of the various agencies of the United States Department of Agriculture, including the Natural Resources Conservation Service (NRCS) (hereinafter "the United States") and the Farm Service Agency (FSA). For purposes of this Cooperative Agreement, the term "Parties" refers collectively to the United States and Orange County. I. AUTHORITY. This Cooperative Agreement is entered into by the United States under the authorities of the Commodity Credit Charter Act, 15 U.S.C. 714 et seq.; Title II, Subtitle F, Section 2503 of the Farm Security and Rural Investrnent Act of 2002 (Public Law 107-171) and Title VII, Section 714 of the Agriculture, Rural Development, Food and Drug Administration, and related Agencies Appropriation Act of 2001 (Public Law 106-38~. The CCC administers the FPP under the general supervision of the Chief of the NRCS who is a Vice President of the CCC. II. BACKGROUND AND PURPOSE. Enacted on May 13, 2002, Section 2503 of the Farm Security and Rural Investment Act of 2002 authorizes the Secretary of Agriculture to purchase conservation easements or other interests in land that are subject to a pending offers from a State, Tribal or units of local government or eligible nongovernmental organizations for the purpose of protecting topsoil by limiting non-agricultural uses of the land. To be eligible, the farm or ranch land must contain prime, unique, or other productive soil or historical or archaeological resources. For fiscal year 2002, the Farm Security and Rural Investment Act of 2002 authorized up to $50,000,000 for the FPP. On May 30, 2002, CCC published a notice in the Federal Register requesting proposals for participation from Tribes, States, units of local government, and non-governmental organizations. See Federal Register Volume 67, Number 104, Notices Page 37756. TEMPLATE 09/13/02 1 WHEREAS, Orange County and CCC have mutual interests in preventing the conversion of agricultural lands to non-agricultural uses; and WHEREAS, CCC administers the FPP, which is managed by NRCS; and WHEREAS, Orange County administers a farmland protection prograrn, and has pending offers for acquiring agricultural conservation easements from landowners within the County, and the United States and Orange County have agreed to combine their resources to assure that such areas are protected from conversion to nonagricultural uses. THEREFORE, the parties agree to enter into this Cooperative Agreement. III.OBLIGATION OF FUNDS Upon execution of this agreement, the CCC shall obligate the sum of $784,155 for the acquisition of United States' interests in conservation easements or other interests in land. Orange County must request payment of this amount in accordance with Part V of this Cooperative Agreement before September 30, 2004. After this date, any remaining funds will be released from this obligation. This Cooperative Agreement is the authorizing document that obligates CCC funds to acquire easements or other interests in land. The CCC's contribution for the acquisition of each conservation easement or other interest in land acquired by Orange County shall be up to but not more than 50% of the appraised fair market value. The CCC contribution cannot be used for closing and related administrative costs incurred in acquiring the conservation easement. Attachment A to this Cooperative Agreement specifies the CCC funds to be used within the County and includes a list with a detailed breakdown of the: (1) name and mailing address of the landowner; (2) tax map number(s) of the property; (3) number of acres to be acquired; and (4) the estimated conservation easement value. However, nothing in this document obligates the CCC or Orange County to purchase all or any of the conservation ea~ements or interests in the land parcels listed. There may be further modifications, additions or deletions to the list depending on the prices paid for the conservation easements, the ability to obtain good and clear title, future funding for acquisitions, etc. Additions or deletions to the list will be made by mutual agreement between the Parties to this Cooperative Agreement. IV. ENTITY'S CONTRIBUTION Orange County may supplement its share of the conservation easement cost through a charitable donation by the landowner of not more than 25 percent of the appraised fair market value of the conservation easement or other interest in eligible land. Where a landowner's donation is considered to be part of an entity's matching offer, the entity is required to contribute at least 25 percent of the appraised fair market value of the conservation easement or 50 percent of the purchase price. 2 TEMPLATE 09/13/02 ~ Prior to signing the cooperative agreement, for a landowner's donation to be considered as part of an entity's matching offer, the entity must have a current appraisal on the land in accordance with the Uniform Standards of Professional Appraisal Practices or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1992). V. PAYMENTS Orange County shall notify NRCS when the CCC funds are to be paid. CCC funds shall be paid to Orange County when NRCS is notified that the conservation easement has been recorded and Orange County has paid the landowner(s). Where the County cannot obtain 100 percent of the funds to be paid at closing to the landowner(s) and requires NRCS to make its payment at closing rather than on a reimbursable basis, the County may request a waiver for NRCS to pay its share of the conservation easement purchase at closing. In the instance where a waiver is requested, the County shall notify NRCS at least 60 days prior to closing. Where a waiver is requested, CCC sha11 make payment to an authorized closing agent. These funds will be transmitted to the Closing Agent by electronic transfer. The Closing Agent will hold the funds in escrow for a period not to exceed 14 calendar days. Upon receipt of the funds, the closing agent will sign a payment receipt form and return it to NRCS. If interest is earned upon CCC funds, the Closing Agent must return any interest earned to CCC. All deeds used by Orange County sha11 be approved by the Office of General Counsel (OGC) National office or regional OGC office prior to purchase of the conservation easement or other interest in land. Orange County will submit Form SF-270 (Request for Advance/Reimbursement of Funds), and the information specified below to the North Carolina NRCS State Office. Prior to submitting the SF-270, the County must also request a copy of closing agent requirements from NRCS and ensure that the closing agent meets these requirements. Orange County may submit the Form SF-270 after all the deeds have been recorded and the landowner has been paid or on a quarterly basis for each quarter that conservation easements have been recorded and the landowner has been paid. At a minimum, the following information shall be included in, or attached to, the SF-270: (1) the name of the County; (2) this cooperative agreement number; (3) conservation easement or other land interest number; (4) total amount of dollars paid the landowner for the conservation easement, specifying the CCC share and the non-CCC share of the conservation easement cost; (5) term of conservation easement; (6) acres acquired; (7) Tax Identification Number (TIN) for Orange County; (8) Federal Infortnation Processing Standazds (FII'S) number for Orange County; (9) Bank routing number and account number for desired deposit location; and (10) copy of the conservation easement deed that contains the contingent right clause as described in Part VI of this Agreement. Where a landowner donation is accepted as part of the entity's matching offer, a copy of the current appraisal and IRS Form 8283 must be submitted to NRCS. VI. CONSERVATION EASEMENT REQUIREMENTS. TEMPLATE 09/13/02 ~ A. Orange County shall assure that conservation easements or other interests in land acquired under this agreement: i. run with the land in perpetuity or a minimum of thirty years, in the case where a conservation easement is acquired for a term less than perpetuity, Orange County must secure approval of the NRCS National Offic~. 2. prevent the land from being converted to nonagricultural uses; 3. provide for the management and administration of the easement or other interests in land by Orange County; 4. require management of the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide,7 CFR Part 12, and is approved by the Conservation District; 5. where parcels are being enrolled in FPP based on historical and archaeological resources, a paragraph identifying standards and guidelines for treatment and maintenance of these resources is required within the deed. These guidelines should be based on the Secretary of Interior's Standards and Guidelines for Historic Preservation. Orange County will ensure that title restriction to protect any historical and archaeological structure(s) is appended to the deed and included in any succeeding transfers; and 6. include the following "Contingent Right in the United States of America" provision where title is held by Orange County: "In the event that Orange County fails to enforce any of the terms of this easement [or other interests in land], as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that Orange County attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement [or other interests in land] or extinguish the conservation easement without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement [or other interests in land] shall become vested in the UNITED STATES OF AMERICA.'= _ 7. include signature of a responsible NRCS official on the Conservation deed, accepting the United States' property interest in the deed. B. Unless otherwise agreed to by the Parties, Orange County shall hold title to any conservation easement or interest in land. However, title may be held by the United States at the request of the Secretary of Agriculture upon mutual agreement of the Parties, or when the contingent right provision is activated. VII. RESPONSIBILITIES. A. Those of the United States - 1. The United States, by and through the NRCS, shall provide technical and other services required to assist the landowner in developing an appropriate conservation plan in 4 TEMPLATE 09/13/02 ~ accordance with 7 CFR Part 12. To ensure that the conservation plan is implemented in accordance with 7 CFR Part 12, the NRCS will be provided the opportunity to conduct periodic field visits on lands that are enrolled in the FPP and associated lands owned or managed by the landowner which are also subject to 7 CFR Part 12. 2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to Orange County in accordance with Part III and V of this Cooperative Agreement. 3. Prior to NRCS accepting the conservation easement or other land interest terms and processing payrnent, NRCS shall ensure that a conservation plan for highly erodible lands developed in accordance with 7 CFR Part 12 be developed and that an AD-1026, Highly Erodible Land and Wetland Certification form has been filed at the appropriate USDA Service Center. B. Those of Orange County- 1. Orange County shall perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid easements or interests in land. 2. Orange County shall use all awarded funds under this agreement for the acquisition of conservation easements within approved FPP areas. CCC funds sha11 pay for not more than 50% of the appraised fair market value, of the conservation easement in land acquired. 3. Orange County shall pay all costs of conservation easement or other interest in land procurement and will operate and manage each conservation easement or other interest in land in accordance with Orange County program, this Cooperative Agreement, and the FPP. The United States shall have no responsibility for the costs or management of the conservation easements or other interests in land purchased by Orange County. Orange County shall indemnify, defend, and hold the United States harmless for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of Orange County in connection with the acquisition and management of txie conservation easements [or other interests in land] acquired pursuant to this Cooperative Agreement. This indemnification and hold harmless provision includes but is not limited to acts and omissions of the County's agents, successors, assigns, employees, contractors, or lessees in connection with the acquisition and management of the conservation easements acquired pursuant to this Cooperative Agreement which result in: (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant, contaminant, oil in any form, or petroleum product into the environment. TEMPLATE 09/13/02 ~ 4. Non-governmental organizations shall continue to meet the requirements specified in Title II, Subtitle F, Section 2503 of the Farm Security and Rural Investment Act of 2002. The Act states that eligible organizations are "any organization that (A) is organized for, and at all times since the formation of the organization has been operated principally for, 1 or more of the conservation purposes specified in clause (i), (ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986; (B) is an organization described in section 501(c)(3) of that Code that is exempt from taxation under 501 (a) of that Code; (C) is described in section 509 (a)(2) of that Code; or (D) is described in section 509(a)(3) of that Code and is controlled by an organization described in section 509 (a)(2) of that Code." 5. Orange County shall incorporate into each deed in which CCC funds are used as part of the acquisition the "Contingent Right in the United States of America" provision described in Part V of this Cooperative Agreement, as well as the other required clauses set forth in Part V Section AS of this Cooperative Agreement. 6. Prior to payment certification, Orange County shall ensure that all lands for which a conservation easement or other interest in land has been acquired will have a conservation plan, as described in Part VI of this Cooperative Agreement 7. Orange County shall prohibit all non-agricultural uses of the encumbered properties, excluding recreational uses, such as hiking, hunting, fishing, boating, horseback riding that will not conflict with the purpose of Section 2503 of the Farm Security and Rural Investment Act of 2002 (Pub. L. 107 -171.) 8. Orange County shall monitor FPP parcels on at least an annual basis to ensure that the conservation easement is being implemented according to the deed provisions. 9. In acquiring conservation easements or other interests in land, Orange County shall ensure that the title to the lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved interests, Orange County shall ensure that any outstanding interest are subordinated to the conservation easement. Orange County shall assure that proper title evidence is secured and that the title of the interest acquired by the United States is insured to the amount of the CCC price paid for the United States interest. Orange County shall ensure that American Land Title Association (ALTA) title insurance will be issued for all acquisitions, and that the title insurance company complies with all state laws, including title insurance and reserve requirements, and is approved by the State Insurance Commissioner. In the event of a failure of title, Orange County will reimburse the United States for the amount paid by CCC, less any amount paid to the United States from title insurance. 10. Orange County shall ensure that the consideration paid to any landowners for the conveyance to Orange County of any conservation easements or other interests in lands is no more than the fair market value of the land or interests conveyed. Prior to cooperative agreement 6 TEMPLATE 09/13/02 "/ r signatures, a copy of Orange County current appraisal policy and standards shall be provided to NRCS. To deternune fair market value an appraisal methodology consistent with the Uniform Standards of Professional Appraisals Practices, the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1992), ar other real estate valuation techniques approved and used by the state when expending state funds for land acquisition shall be used. If requested, appraisals sha11 be provided to NRCS. In cases where the conservation easement acquisition involves Federal funds of more than $250,000, an appraisal in accordance with the Uniform Standards of Professional Appraisals Practices or the Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference, 1992) is required. 1 l. Orange County shall certify payment(s) received by submitting a transmittal letter that references; (i) the cooperative agreement number; (ii) the conservation easement or other land interest contract number; (iii) total amount of dollars paid or to be paid to the landowner for the conservation easement, specifying the CCC share and the non-CCC share of the conservation easement cost; (iv) term of conservation easement; (v) acres acquired; (vi) a copy of the recorded deed containing the contingent right clause as described in Part V of this Agreement; (vii) IRS Form 8283 and a current appraisal when a landowner donation accounts for a portion of the entity's matching share. Certification of payment for all conservation easements or other interests in land acquired must occur on or before September 30, 2004. 12. Performance Reporting - Orange County will conduct annual monitoring of conservation easements or other land interests to ensure that the conservation easements or other interests in land are being implemented according to the deed provisions. An annual report of the status of conservation easements and pending conservation easement acquisition will be submitted to CCC, or when requested by CCC or NRCS. This report format will be defined by NRCS and submitted to the NRCS representa.tive for this Agreement. 13. No person who is an official, member, or employee of Orange County shall participate, directly or indirectly, in the annual monitoring of conservation easement compliance on his or her own land. 14. When a conservation plan violation is reported to the cooperating entity by NRCS, after all administrative and appeal rights have been exhausted by the landowner in accordance with 7 CFR Part 12 and 7 CFR Part 614, Orange County shall implement easement enforcement procedures. VIII. GENERAL PROVISIONS. A. The term of this agreement shall be from the date of the last signature ~xed hereto through September 30, 2004. B. No assignment in whole or in part shall be made of any right or obligation under this Cooperative Agreement without the joint approval of both the United States and Orange 7 , TEMPLATE 09/13/02 jo ~ County. Nothing herein sha11 preclude the United States or Orange County from entering into other mutually acceptable arrangements or agreements. Such documents shall be in writing, reference this agreement, and be maintained as part of the official agreement file. C. This Cooperative Agreement may be amended, extended, t~r modified by written amendment signed by the authorized officials of the United States and Orange County. D. This agreement may be terminated by either parry hereto by a written notice to the other party at least 30 calendar days in advance of the effective date of the termination. The United States may terminate this agreement if the United States determines that Orange County has failed to comply with the provisions of this agreement. In the event that this agreement is terminated for any reason, the financial obligations of the parties will be as set forth in 7 CFR Part 1403, Part 3016 and Part 3019, as applicable. E. This Cooperative Agreement shall be enforced and interpreted in accordance with applicable Federallaws and regulations, directives, circulars, or other guidance. When signed, this Cooperative Agreement will become binding on the Orange County and the United States to be administered in accordance with 7 CFR Part 3015 Uniform Federal Assistance Regulations Part 3016-Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Loca1 Governments, or Part 3019-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of higher Education, Hospitals, and Other Non-Profit Organizations, as applicable. F. As a condition of this Cooperative Agreement, Orange County assures and certifies that it is in compliance with, and will comply in the course of the agreement with the 7 CFR Part 3016- Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, or Part 3019-Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of higher Education, Hospitals, and Other Non-Profit Organizations, as appropriate. ~ G. Orange County agrees that it will comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, and all requirements imposed by the Regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR Parts 42 and 50) to the effect that, no person in the United States, shall, on the grounds of age, sex, disability, color, race, or national origin, be excluded from participation in, or be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant received Federal financial assistance from the Department; and hereby gives assurance that it will immediately take any measures necessary to effectuate this agreement. H. The activities under this agreement will be in compliance with Title V of the Drug-Free Workplace Act of 1988, 41 U.S.C. 702, and 7 CFR, Part 3017, Subpart F. I. Employees of Orange County sha11 not be considered to be Federal employees or agents of the United States for any purpose under this agreement. 8 TEMPLATE 09/13/02 ~ ~ J. Orange County shall give CCC, NRCS, or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to this agreement. K. If any recipient of Federal funds under this Cooperative Agreement materially fails to comply with the terms of this Cooperative Agreement, the United States reserves the right to wholly or partially recapture funds provided in accordance with 7 CFR Parts 1403, 3015, 3016, and 3019. L. Orange County agrees to comply with all applicable Federal, state, and local laws. IX. PRINCIPAL CONTACTS. The United States representative for this Cooperative Agreement is: Mary K. Combs State Conservationist Natural Resources Conservation Service on behalf of the Commodity Credit Corporation 4405 Bland Road Raleigh, North Carolina 27609 919-873-2101 The Orange County representative for this Cooperative Agreement is: Director Orange County Street Address City, State Zip Code Phone Number IN WITNESS WHEREOF, the following authorized representatives of the United States and Orange County have executed this Cooperative Agreement. ~ Orange ~ounty By: Director Orange County 9 UNITED STATES OF AMERICA COMMODITY CREDIT CORPORATION By: State Conservationist 10 TEMPLATE 09/13/02 1 ~ ~~ ~~,,.,,,r.~'"~ ~ Unite+d States [)epartr~ent of Ag~iculture • Office ot Camm~rn6catic~s • 1400 Nnc,~endence Avenue, SW WashPngtort; DC ZU250~-130Q • Lloio~: (202) 720•4623 • EmaiL t~c.n+~ws~usc~a.gov • Web: ItttpJlwwwusda,gov Release No. 0371.02 Alisa Harrison (202) 720-4623 USDA RELEASES $323 MILLION FOR CONSERVATION PROGRAMS WASHINGTON, Sept. 6, 2002-Agriculture Secretary Ann M. Veneman today announced the availability of $323 million for the Farmland Protection Program (FPP) and the Wetlands Reserve Program (WRP) administered by the Natural Resources Conservation Service. These funds will allow NRCS to fully implement these programs in fiscal year 2002 as authorized by the 2002 Farm Bill. "These funds will help keep agricultural lands in production and they will help protect our country's valuable wetland ecosystems," Veneman said. Through FPP, $48 million will allow USDA to enter into agreements with states, tribes, local governments and nonprofit organizations-such as land trusts and land resource conservation councils to protect productive farmland through the purchase of conservation easements. USDA provides up to 50 percent of the appraised fair market value of the conservation easement. Through WRP, approximately $275 million will enable NRCS to enroll up to 250,000 acres into the program. Landowners who have already submitted WRP applications to the local NRCS office will be notified when funds are available for their projects. The goal of the program is to achieve the greatest wetland functions and values, along with optimum wildlife habitat, on every acre enrolled in the program. The Bush administration remains committed to providing the tools and resources for environmental stewardship to ensure that the land remains both healthy and productive. The 2002 Farm Bill represents an unprecedented inveshnent in conservation on America's private lands, nearly $13 billion over the next six years. Detailed information on these and other conservation programs authorized in the 2002 Farm Bill is available on the Web at http://www.nres.usda. ~ v/pro ~rams/farmbi1U2002/products.html. Farmland Protection Program state-by-state funding list: State Funding State Funding State Funding Arizona 1,681,200 Kentucky 2,052,700 Ohio 1,442,800 California 2,350,500 Maine Colorado 1,959,700 Maryland Connecticut 1,967,600 Massachusetts Delaware 1,836,500 Michigan Florida 1,000,000 Missouri Georgia 1,380,300 Montana Idaho 450,000 New Hampshire Illinois 1,300,000 New Jersey Indiana 938,400 New York lowa 705,000 North Carolina 850,000 Pennsylvania 2,748,400 2,545,400 Rhode Island 1,328,600 2,244,200 South Carolina 500,000 2,131,600 Utah 50,000 411,100 Vermont 1,733,600 1,229,200 Virginia 1,530,500 1,831,100 Washington 1,936,500 2,213,600 West Virginia 250,000 1,541,800 Wisconsin 1,635,200 2,224,500 Wetlands Reserve Program state-by-state funding list: State Funding State Funding State Funding Alabama 250,000 Louisiana 18,000,000 Ohio 4,000,000 Alaska 0 Maine 210,000 Oklahoma 5,000,000 Arizona 100,000 Maryland 450,000 Oregon 6,830,000 Arkansas 21,000,000 Massachusetts 0 Pennsylvania 200,000 California 24,600,000 Michigan 10,000,000 Rhode Island 200,000 Colorado 1,350,000 Minnesota 17,000,000 South Carolina 8,000,000 Connecticut 0 Mississippi 18,000,000 South Dakota 2,500,000 Delaware 0 Missouri 17,000,000 Tennessee 350,000 Florida 27,000,000 Montana 700,000 Texas 8,150,000 Georgia 6,335,000 Nebraska 7,000,000 Utah 0 Hawaii 1,200,000 Nevada 0 Vermont 300,000 Idaho 2,000,000 New Hampshire 500,000 Virginia 300,000 Illinois 10,000,000 New Jersey 175,000 Washington 7,000,000 Indiana 10,500,000 New Mexico 0 West Virginia 0 lowa 18,200,000 New York 2,000,000 Wisconsin 10,000,000 Kansas 1,000,000 North Carolina 5,000,000 Wyoming 500,000 Kentucky 0 North Dakota 2,000,000 - 1~ .