Wetlands Reserve Program (10.072)
Program
10.072 Wetlands Reserve Program
Federal Agency
NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE
Authorization
Food Security Act of 1985, Title XII, Public Law 99-198, as amended; Food, Agriculture, Conservation, and Trade Act of 1990, Title XIV, Section 1237, Public Law 101-624, 104 Stat. 3584, 7 U.S.C. 3837, as amended; Omnibus Budget Reconciliation Act of 1993; Federal Agriculture Improvement and Reform Act of 1996; Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 1998 and Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act of 2001.
Program Number
10.072
Last Known Status
Active
Objectives
To restore and protect farmed wetlands, prior converted wetlands, wetlands farmed under natural condition, certain riparian areas, and eligible buffer areas for landowners who have eligible land on which they agree to enter into a permanent or long-term easement or restoration agreement contract with the Secretary. The goal of WRP to maximize wetland functions and values and wildlife habitat on every acre enrolled in the program. Total acreage enrollment limitation is 1,075,000 acres.
Types of Assistance
Direct Payments for Specified Use.
Uses and Use Restrictions
Eligible landowners may offer farmed wetlands, prior converted wetlands, wetlands farmed under natural condition, intensively managed pasture and hayland riparian areas, along with eligible buffer areas to be placed under a permanent or 30-year easement or restoration agreement. A deed restriction covering the land approved under easement must be recorded in the local land deeds office. The landowner will receive financial and technical assistance to install necessary restoration practices on the land under easement or the practice will be installed by the Secretary. Subject to the acceptance of an offer by the Federal Government, the landowner will receive in cash an amount specified in the WRP contract based on the fair agricultural market value of the land or 75% of such value for a 30-year easement. The landowner shall ensure that the easement granted to Natural Resources Conservation Service (NRCS) is superior to the rights of all others and shall agree to implement a wetland restoration plan designed to restore and maintain the easement area. The plan will include a designated access route to be used as necessary for easement management and monitoring. The landowner shall agree to a permanent retirement of crop acreage bases, allotments, and quotas to the extent that the sum of the crop acreage bases and allotments will not exceed the remaining cropland of the present farm or subsequently reconstituted farm. In cases involving restoration participates receive restoration cost-share and assistance and no easement payment.
Eligibility Requirements
Applicant Eligibility
An individual landowner, partnership, association, corporation, estate, trust, other business or other legal entities and, whenever applicable, a State, a political subdivision of a State, or any agency thereof owning eligible lands.
Beneficiary Eligibility
An individual landowner, partnership, association, corporation, estate, trust, other business enterprises or other legal entities and, whenever applicable, a State, a political subdivision of a State, or any agency thereof owning private croplands will benefit.
Credentials/Documentation
The landowner must have owned the land offered for at least the preceding 12 months prior to the end of the period in which the intent to participate in an easement is declared unless the land was acquired by will or succession as a result of the death of the previous owner; or the Department determines that the new owner did not acquire such land for the purpose of placing it in the WRP. This program is excluded from coverage under OMB Circular No. A- 87. The 12 month requirement is not applicable to restoration agreement.
Application and Award Process
Preapplication Coordination
An environmental impact assessment has been prepared for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
Submit an intention to enroll to the local NRCS office that serves the area in which the farm or ranch is located during the designated sign-up period. This program is excluded from coverage under OMB Circular Nos. A-102 and A-110.
Award Procedure
The States will provide a list of potential acceptable offers and request for allocation of funds. The Department will allocate funding in a manner designed to achieve cost effectiveness and maximum wetland restoration based wildlife benefits. The States will notify the landowners of the status of their intention. This process will be completed as soon as practical after funding becomes available. For all tentatively accepted intentions a market analysis or appraisal of agriculture value will be conducted. The market analysis will be conducted by NRCS personnel with the assistance of other Federal, State and private entities having knowledge of market conditions. Appraisals will be done by certified appraiser.
Deadlines
None. The program operates under a continuous sign-up process. The intention to participate must be filed at the local NRCS office.
Range of Approval/Disapproval Time
Appeals
Landowner may appeal any determination to the National Appeals Division.
Renewals
The land offered may be re-offered in a future sign-up unless land or landowner is ineligible.
Assistance Considerations
Formula and Matching Requirements
Lump sum payments or annual payments (e.g., five to thirty) are made for easements. Cost-share payments 100 percent of the cost of implementing the Wetland Restoration Plan will be paid for a permanent easement with 75 percent of permanent easement amounts being paid for 30-year easements and cost-share agreements.
Length and Time Phasing of Assistance
Cash easement payments will be made in a lump sum amount, or in annual installments beginning at closing. Cost share payments for implementation of easement practices will be made when a specific practice has been implemented by either the landowner or contractor.
Post Assistance Requirements
Reports
None.
Audits
Recipients are subject to audit by the Office of Inspector General, USDA.
Records
Records will be maintained in the county NRCS office, State NRCS office and Federal Record Centers for the length of the agreement. The easement (deed restriction) and applicable documents will be filed in the local land records office for the duration of the easement. Agreements are filed with the Agency.
Program Accomplishments
Fiscal year 2001 funds will provide for the enrollment of an estimated 140,000 acres and the program will continue to be implemented nationwide.
Financial Information
Account Identification
12-1080-0-1-302; 12-4336-0-1-302.
Obligations
(Direct payments) (Includes Appropriated and CCC transfer funds) FY 02 $175,032,492; FY 03 est 509,323; and FY 04 est $0.
Range and Average of Financial Assistance
Not applicable.
Regulations, Guidelines and Literature
The program is announced through news media and in letters to agricultural landowners in the county. Regulations published in the Federal Register and 7 CFR XIV.
Related Programs
10.069, Conservation Reserve Program; 10.904, Watershed Protection and Flood Prevention.
Information Contacts
Regional or Local Office
Consult the local telephone directory for location of the NRCS office. If no listing, contact the appropriate State NRCS office listed in the NRCS Section of Appendix IV of the Catalog.
Headquarters Office
Watersheds and Wetlands Division, Natural Resources Conservation Service, Department of Agriculture, P.O. Box 2890, Washington, DC 20013. Telephone: (202) 690-0848. Use the same number for FTS.
Web Site Address
Examples of Funded Projects
Not applicable.
Criteria for Selecting Proposals
All offers are screened at both the local and State level to determine the acceptability of the intention to ensure that offers will not be accepted in excess of the value of agricultural land in its "as is" condition; and long-term costs for providing easement access route. Offers will be evaluated based on the environmental benefits and government expenditures on restoration and easement purchase and the requirement that wildlife benefits be maximized.
