ACEP: Agricultural Conservation Easement Programs

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The Agricultural Conservation Easement Program was established through the Agriculture ACT legislation in 2014. Since its inception, the ACEP repeals programs like FRPP, GRP, and WRP. However, the repeal does not affect the validity or terms of any FRPP, GRP, or WRP contract, agreement, or easement entered into prior to the date of enactment on February 7, 2014. Payments made to landowners through these legal agreements remain valid as well.  

If you are considering buying a property locked into one of the above agreements, you as the new property owner will be held to the terms of the agreement for the duration of the contract. But if you have a property you are looking to restore/enhance wetlands or grasslands, as well as working farmlands or ranches, the NRCS has programs available to you through the ACEP.

The ACEP has two programs:

1. Agricultural Land Easements
2. Wetland Reserve Easements

ACEP

Agricultural Land Easements Program helps American Indian tribes, local and state governments, as well as non-governmental groups to protect working agricultural lands and limit non-agricultural uses of the land. Having an ALE helps protect the nation’s food supply by preventing the conversion of productive working farmland into non-agricultural uses. The general public receives a great benefit through the ALE as well by protecting open spaces, improving environmental quality, and historic preservation.

ACEP gives financial assistance to partners for purchasing Agriculture Land Easements that protect the agricultural use and conservation of the land. It keeps working farmers and ranchers agricultural land working. Under this program, the NRCS may contribute up to 50 percent of the fair market value of the ALE. Special considerations are given to grasslands of environmental significance, the NRCS may give landowners up to 75 percent of the fair market value of the ALE.

The Wetland Reserve Easement Program helps to protect, restore and boost enrolled wetlands. The WRE provides homes for plants, fish, and wildlife, both threatened and endangered. In addition, the WRE seeks to improve water quality, flood reduction, recharge the groundwater, and afford scientific opportunities in study and education. The NRCS provides folks in the WRE with technical and financial assistance.

WHO/WHAT IS ELIGIBLE?

 “Applications for ACEP are taken on a continuous basis, and they are ranked and considered for funding one time a year.

HTTPS://WWW.NRCS.USDA.GOV/WPS/PORTAL/NRCS/MAIN/WI/PROGRAMS/EASEMENTS/ACEP/

In order to participate in the ALE program you must have:

1. cropland
2. rangeland
3. grassland
4. pastureland
5. NON-INDUSTRIALIZED, private forestland that is used in an agricultural operation.

Applications are prioritized by those lands expressing the greatest need for protection and conservation. If you are selected, NRCS may contribute up to 50 percent of the fair market value of the ALE. Grasslands have special consideration. Where the NRCS determines grasslands to have special environmental significance protection, they will pay up to 75 percent of the fair market value of the ALE.

In order to participate in the WRE program, you must have farmed or converted wetlands to suit agricultural production. These converted/altered lands must be capable of being successfully returned to wetlands in a cost-effective manner. Applications are prioritized by the easement’s potential in:

WHAT’S AN “AGREEMENT”?

When enrolling in the ALE, the agreement is called an “Agricultural Land Easement Deed”. You can get a copy of the agreement here, look for the title “Application Information”, and then scroll down to “Minimum Deed Terms 2020”. You can download the agreement in a Word document.

Enrollment in a WRE will look different than in an ALE. You can find a copy of the agreements here. The WRE has different options:

Examples of these documents are all available to download here. Find the title “Application Resources” and scroll down till you find the above-mentioned warranty or agreements.

LEGAL AND ENFORCEABLE

Before you go ahead and enter into an agreement with the NRCS for either an ALE or WRE, you need to understand that these are legal and enforceable documents. Be sure to consult your local FSA and NRCS office concerning the current programs you are participating in. Most likely any current monies you are receiving from other programs on the land you’re considering for a WRE or ALE will be discontinued.

Once you entered into an agreement, getting OUT of the agreement could be a financial nightmare. Think about the consequences versus the benefits before entering into any of these agreements. Some questions to ask yourself:

Whatever you may decide, NRCS has programs that may be very beneficial to you and your property’s future. Whether it be farming or preserving wetlands, give careful thought and consideration to the effects of these program contracts.

Resources:

https://www.nrcs.usda.gov/wps/portal/nrcs/main/wi/programs/easements/acep/