Farm Bill Conservation Programs

2020 Webinar Recording

The Alliance is pleased to offer the recording of the May 19 webinar: “ACEP-ALE Program Agreements and Parcel Contracts: Helps and Hints for Land Trusts.” This 90-minute session reviews the ACEP-ALE Program Agreement and Parcel Contracting documents that were published in NRCS guidance in April.

The Alliance is pleased to offer the recording of the March 18 webinar: “Updates and Improvements to the NRCS ALE Program: What You Need to Know.” This 90-minute session walks through some of the changes the NRCS has made to streamline the ACEP-ALE process.

2018 Farm Bill

The Farm Bill conservation programs, taken in total, are the largest single federal source of funding for private land conservation. Farm bill programs create significant opportunities for land trusts to protect high-priority farm and ranch lands, grasslands, wetlands and forests. The programs provide matching funds to conservation partners, so federal investments go further to protect America’s productive land.

On December 20, 2018, the 2018 Farm Bill was signed into law. The Land Trust Alliance played a significant role in advocating for provisions that will result in conservation of lands across the United States. On behalf of our members we secured provisions that will streamline the Agricultural Land Easement program to make it more effective and more efficient and, most importantly increased funding for the Agricultural Conservation Easement Program (ACEP) by $2 billion over 10 years.

The legislation adopts many of the Alliance’s highest priorities including funding ACEP at $450 million/year, removing the Agriculture Land Easement plan requirement, allowing landowner donations and expenses to satisfy match requirements, granting the secretary waiver authority from the Adjusted Gross Income limitation and allowing certified entities to write their own minimum deed terms. View a comparison of the Alliance’s Farm Bill recommendations and the final bill.

Our success would have not been possible without our members who worked collaboratively to develop a set of Farm Bill recommendations that are good for our community and for private land conservation. Your efforts made all the difference. Moving forward, we will continue to involve our members through the rulemaking process and with monitoring implementation. Together with many land trust professionals, the Alliance will achieve the best possible result for land conservation across the United States.

2018 Farm Bill Implementation

Upon passage of the Farm Bill, the Alliance quickly turned its focus to implementation and the rule-making process.  We underscored key provisions of the Farm Bill during a USDA Farm Bill listening session in February 2019. We also coordinated through our Farm Bill Working Group to gather input, draft and submit written comments on the ACEP provisions in March 2019. Due to concerns with the fiscal year 2019 ACEP guidance, the Alliance submitted supplemental comments in April 2019. In the spring of 2020, we submitted comments on the ACEP Interim Final Rule and the RCPP Interim Final Rule. In addition, we communicate regularly with NRCS staff to keep them apprised of our issues

Summary of Key Conservation Programs

The 2018 Farm Bill reflects the vast majority of our recommendations, as well as other opportunities to advance private land conservation across the country. Here is a summary of the funding and policies for key programs.

Here are detailed summaries for specific programs:

• The 2018 Farm Bill reflects the vast majority of our recommendations related to the Agricultural Conservation Easement Program (ACEP) and Agricultural Land Easement Program (ALE) — see a detailed summary.
• The 2018 Farm Bill, provides enhanced funding and creates new opportunities for private landowners, conservation organizations, state and local governments to work together to achieve conservation outcomes on a landscape or watershed scale through the Regional Conservation Partnership Program (RCPP) — see a detailed summary.
• The 2018 Farm Bill made changes to conservation programs that provide funding for technical assistance; help farmers and ranchers maintain, improve and expand activities to benefit natural resources; and made changes to the Conservation Reserve Program. See a detailed summary for the following programs: Environmental Quality Incentive Program (EQIP), Conservation Stewardship Program (CSP) and Conservation Reserve Program (CRP)

2018 Farm Bill Conservation Programs

Here’s a breakdown of where to find Farm Bill funding. You can find more information through the Natural Resource Conservation Service (NRCS), which runs these programs. 

Conservation Easements

Agricultural Conservation Easement Program (ACEP): ACEP consists of the Agricultural Land Easements (ALE) Program and the Wetlands Reserve Program. For its part, ALE was formed by consolidating the former Farm and Ranch Lands Protection Program and Grassland Reserve Program. The 2018 bill funds ACEP at $450 million annually.

This program provides matching funds that land trusts can use to purchase conservation easements on agricultural land, grasslands, and wetlands. The 2018 Farm Bill adds landowner donations and expenses as an option for meeting the ALE match requirements.

The amount of funding varies by the type of land. For agricultural lands, NRCS may pay up to 50% of the fair market value of an easement. For environmentally significant grasslands, that figure goes as high as 75%. For wetlands, NRCS may pay for 100% of a permanent easement, as well as 75% of restoration costs. NRCS may also contribute to the costs of non-permanent easements on wetlands. The USDA NRCS published the Interim Final Rule (IFR) for the Agricultural Conservation Easement Program (ACEP) on January 6, 2020. Please click here for a summary.

Healthy Forest Reserve: This program helps to protect and restore forest lands. To qualify, conservation projects must benefit endangered species, improve biodiversity, or enhance carbon sequestration. This program funds restoration activities as well as permanent or 30-year easements.

Forest Legacy Program: Permanently authorized in the Farm Bill, this is administered by the U.S. Forest Service and funded by the Land and Water Conservation Fund. The program protects private forest land by purchasing conservation easements or land in fee from voluntary landowners.

Community Forests Program: Authorized in the Farm Bill, this is a grant program that authorizes the Forest Service to provide financial assistance to local governments, Tribal governments, and qualified nonprofit entities to establish community forests that provide continuing and accessible community benefits.

Conservation Partnerships

Regional Conservation Partnership Program: This program enlists partner groups, such as land trusts, state agencies, tribes, and other related groups to coordinate conservation activities on a national or state scale. A land trust can acquire conservation easements using RCPP funds. Also, the program engages landowners and agricultural producers in conservation activities that improve water, soil, wildlife habitat, or other natural resources. NRCS provides cost-share funding while its partners coordinate activities in their area. This new program consolidates former regional programs, like the Chesapeake Bay Initiative, into one entity – funded with money from other conservation programs. The Secretary also designates eight ‘critical conservation areas’ that receive priority funding.

The 2018 bill funds RCPP at $300 million annually and creates a grant program which is capped at 15 projects per year.

Conservation Practices

Two Farm Bill programs offer assistance for farmers and ranchers to conserve resources by improving land management practices. Land trusts can help farmers and ranchers realize their conservation goals by informing them about these options and/or helping them apply for funding to carry out projects.

Environmental Quality Incentives Program: This program provides financial and technical assistance for activities that benefit air quality, water quality, soil and water conservation, and wildlife habitat.

Conservation Stewardship Program: This program helps farmers and ranchers to maintain, improve, and expand activities that benefit natural resources (including soil, water, air, and wildlife habitat) or conserve energy. Payments are based on performance.