Summary of 2008 Act Changes

FRPP

The 2008 Act revised the Farm and Ranch Lands Protection Program to:

• Expand the program purpose to protecting agricultural lands by limiting nonagricultural uses.
• Shift the program focus from purchasing conservation easements to facilitating the purchase of conservation easements by eligible entities.
• Require the Secretary to enter into agreements with eligible entities to stipulate the terms and conditions under which the entity is authorized to use FRPP funds to acquire easements.
• Authorize an eligible entity to use its own conservation easement deed terms and conditions, as approved by the Secretary, so long as such terms and conditions are consistent with the purposes of the program, permit effective enforcement of the conservation easement deed or other interest and include, among other terms, a limit on the impervious surfaces to be allowed that is consistent with the agricultural activities to be conducted.
• Require the establishment of a certification process by which the Secretary will directly qualify certain eligible entities as certified entities.
• Require that to be certified, an eligible entity must have a plan for administering easements consistent with FRPP purposes, the capacity and resources to monitor and enforce conservation easements, policies and procedures to ensure long-term integrity of conservation easements, timely completion of acquisitions, and timely reporting of use of funds.
• Require that the fair market value of the conservation easement or other interest in eligible land is determined on the basis of an appraisal using an industry-approved method, selected by the eligible entity and approved by the Secretary.
• Require that entities provide a share of the cost of purchasing a conservation easement or other interest in eligible land in an amount that is not less than 25 percent of the acquisition purchase price.
• Require that the Secretary hold a right of enforcement in FRPP funded conservation easements.
• Amend the definition of eligible land to allow for the inclusion of forest land as an eligible land use.
• Allow for the inclusion of forest land that contributes to the economic viability of an agricultural operation or serves as a buffer to protect an agricultural operation.

To see all the changes made and view all program requirements, the Federal Register is available at: http://www.nrcs.usda.gov/programs/farmbill/2008/index.html.

Last Modified: 02/24/2009

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