NB_300_22_47 - NB 300-22-47 LTP – NRCS Acceptance of Emergency Watersheds Protection Program - Floodplain Easement (EWPP-FPE) Warranty Easement Deeds
NB 300-22-47 LTP – NRCS Acceptance of Emergency Watersheds Protection Program - Floodplain Easement (EWPP-FPE) Warranty Easement Deeds
National Bulletin: 300-22-47  
Date: July 12, 2022 
Subject: LTP – NRCS Acceptance of Emergency Watersheds Protection Program - Floodplain Easement (EWPP-FPE) Warranty Easement Deeds 


 
Purpose.   To provide guidance to States regarding the United States acceptance of EWPP-FPE warranty easement deeds.     
 
Expiration Date.   September 30, 2023  
 
Background.   Pursuant to existing policy and guidance from the Office of the General Counsel (OGC), NRCS must record an acceptance document for all conservation easements held by the United States. The acceptance document is recorded as part of the conservation easement deed transaction and must be signed by an NRCS employee with the appropriate delegation of authority and recorded in conformance with local rules. The Easement Programs Division (EPD) is aware that despite this requirement, the published NRCS-LTP-20, “Emergency Watersheds Protection Program Floodplain Warranty Easement Deed,” (EWPP-FPE Deed) does not include an NRCS acceptance page. Most EWPP-FPE projects have been provided or used an acceptance page. Future versions of the EWPP-FPE Deed will include the acceptance page as part of the approved form.        
 
Explanation.   All U.S.-held conservation easement deeds, including the EWPP-FPE Deed, must be accepted, in writing, by an NRCS employee with the appropriate delegation of authority. Such acceptance must be recorded as part of the warranty easement deed. Since the NRCS-LTP-20 does not currently include an NRCS acceptance, to document that EWPP-FPE easement acquisitions meet legal and policy requirements for easement acceptance, States must complete the following actions:

(1)  The attached “Acceptance by Grantee” must be executed by an NRCS employee with the appropriate delegation of authority at the time of closing all EWPP-FPE easements and recorded as part of the EWPP-FPE Deed.

(2)  In consultation with the regional Office of General Counsel (OGC), States must determine whether the NRCS acceptance of the EWPP-FPE Deed must be notarized. If a notarized acceptance is required, States are authorized to include a notary block on the attached “Acceptance by Grantee” as required by OGC to meet State legal requirements for acceptance.

(3)  If States have already closed and recorded EWPP-FPE Deeds that do not include an NRCS acceptance, additional action may need to be taken to ensure that the United States has accepted its rights under the easement. If a State is aware of any EWPP-FPE that closed without an acceptance, contact EPD for next steps. The email should be sent to EasementSupport@usda.gov and include the National Easement Staging Tool (NEST) number(s). The closed and recorded deed must also be uploaded to the NEST record.

 
Contact.  

Direct questions regarding this national bulletin or requests for more information to the Easement Policy Branch easement support email box at EasementSupport@usda.gov.

 
 

 /s/

  CLINT EVANS  
  Deputy Chief for Programs  

 
 
 Attachment: Acceptance by Grantee    
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