Application Process

Landowners may only enroll land in EWPP-FPE through a permanent easement. Landowners must apply for the EWPP-FPE using the Application for Long-Term Contracted Assistance (From AD-1153) (PDF; 108 KB). Applications for enrollment of land in a EWPP floodplain easement will be accepted during an announced sign-up period when funds are made available by Congress.

Evaluation of the applications will involve three primary steps:

1. Gathering landowner information and preliminary investigation
2. Onsite land eligibility determination, environmental ranking, and developing preliminary plan information.
3. Selecting applications for funding.

STEP 1

The items that must be completed before moving the application forward in the process are:

1. Determine landowner eligibility:
1. Landowner must provide a copy of the vesting deed to the land.
2. If the landowner is an entity:
1. The entity must provide to the Farm Service Agency (FSA) a list of the individuals that comprise the entity including the percent of ownership for each individual.
2. The entity must provide documents to FSA and the Natural Resources Conservation Service (NRCS) that show the entity to be a legal and valid entity in the State and which member(s) has the authority to sign contractual documents on behalf of the entity.
3. The EWP is not Farm Bill conservation program and applications are not required to meet the Adjusted Gross Income, Highly Erodible Land or Wetland Conservation requirements of the Farm Bill.
4. The 7 year ownership provisions in the WRP statute do not apply to EWP Floodplain easements.
2. Conduct a preliminary title search to determine if there are title issues that would preclude or delay enrolling the land in EWPP-FPE
3. Conduct a preliminary records search as part of Environmental Due Diligence/All Appropriate Inquiry (AAI) to ensure there are no potential hazardous substance issues that would preclude or delay enrollment of the land in EWPP-FPE or affect the easement value.

NOTE: Generally, NRCS will secure preliminary title search and preliminary record search services from a non-NRCS vendor. These services will be procured using an appropriate method, and funds will be obligated directly to that contract

STEP 2

After all items required in Step 1 have been completed and the application is cleared to continue forward in the enrollment process, then begin Step 2 activities. An on site investigation will be conducted to:

1. Determine land eligibility.
2. Conduct preliminary planning activities.
3. Complete the environmental ranking.

To be eligible for enrollment in EWPP-FPE the land must:

1. Be located within the watershed that is designed as eligible for participation. A minimum of 65 percent of the acreage proposed for enrollment must be located within the authorized watershed; and
2. Have been damaged by flooding at least twice within the previous 10 years or at least once in the last twelve months; and
3. Be other lands within the floodplain that are functionally dependent on acres eligible under Step 1, b above, or that would improve the practical management of the easement. No more than one acre of other land may be enrolled for each acre of land eligible under Step 1, b above;
4. Lands that would be inundated or adversely impacted as a result of a dam breach; and
5. Be privately owned, or owned by State of local units of government. Federally owned lands are not eligible for enrollment.

If the land is determined to be eligible for enrollment, the site will be evaluated and the ranking worksheet completed. The Hazardous Substance Checklist, Preliminary Certificate of Inspection and Possession, National Historic Preservation Act Assessment, National Environmental Policy Act Environmental Assessment, and an Endangered Species Act Assessment must also be completed.

A preliminary restoration plan will be developed during the on-site visit. The purpose of the preliminary plan is to document that the proposed restoration meets the objectives of the landowner and the requirements of the EWPP-FPE as determined by NRCS. The landowner will sign the preliminary restoration plan to document that they are in concurrence with the proposed restoration. The plan will also include an estimate of restoration costs which will be used for ranking purposes only. This plan will not be used to estimate costs for restoration fund obligation because it is only preliminary and not generally accurate enough for this purpose.
CRITICAL: Restoration on floodplain easements will include all necessary conservation practices, measures and activities required to restore the floodplain functions and values to the natural conditions to the greatest extent practicable. Detailed restoration policy is provided with this circular.

STEP 3

Step 3 of the application process involves selecting the applications that will be offered tentative funding approval. The State Conservationist (STC) will list all applications received during the announced sign-up period in rank order, beginning with the highest ranked easement first.

Once applications are listed in rank order, the STC will select the number of applications that can be funded based on funds available.

Compensation for easements will utilize values created for WRP compensation. A letter of tentative selection will be provided to each selected. The letter will be sent using certified mail with a return receipt. The letter will clearly explain that this tentative selection does not bind the NRCS or the United States, to enroll the proposed project in the EWPP-FPE, nor does it bind the landowner to continue with enrollment in the program.

The letter will also indicate the application has been tentatively selected for enrollment and that NRCS is making an offer to purchases the easement at the compensation amount indicated on the Option Agreement to Purchase (OATP) (Form AD-1157) that will be attached to the letter.

The letter will also indicate that continuing the enrollment process is contingent upon the return of the OATP by the landowner with all appropriate signatures within the time period specified in the letter. If the form is not returned within the specified time period, the application will be cancelled. Generally, the landowner is allowed 15 calendar days to sign and return the document. This deadline can be adjusted by the STC as necessary. Once the OATP is returned and signed by the STC, the property is considered enrolled in WRP and funds will be obligated for the easement acquisition only.

Last Modified: 03/11/2009