NB_440_23_11 - NB 440-23-11 PGM – Notification of Optional Self-Verification Form for Heirs’ Property
NB 440-23-11 PGM – Notification of Optional Self-Verification Form for Heirs’ Property
National
Bulletin:
440-23-11
Date:
March 8, 2023
Subject:
PGM – Notification of Optional Self-Verification Form for Heirs’ Property
Purpose. To notify States of an optional ownership self-verification form for customers with heirs’ property applying for financial assistance programs administered under 440-CPM, Part 530, Working Lands Conservation Programs Manual.
Expiration Date. September 30, 2023
Background. Heirs’ property ownership is predominantly found in African American communities in the rural South. It is an ownership right held by “tenants in common,” including the many descendants (i.e., heirs) of families who purchased or were deeded land after the American Civil War. Due to a lack of access to, and distrust of, the legal system, the original title owners of these properties did not have authenticated, written wills that could later be probated to preserve official title. Instead, the land was to be owned equally by the various descendants of the original title owners through intestate succession. Heirs’ Property owners typically have a formal or informal ownership arrangement. Formal arrangements are written agreements made with family members and may or may not involve the assistance of attorneys to conduct business. Informal arrangements have no oral or written agreements and are not legally enforceable.
Customers who seek NRCS program assistance must establish farm records with the Farm Service Agency (FSA). Self-certification is also acceptable for operators on heirs’ property to establish FSA records. FSA establishes farm/tract records and determines the status of a producer as an operator, owner, or other tenant (OT) in accordance with FSA handbook 10-CM. FSA determines basic producer eligibility to receive USDA payments in accordance with FSA-6-PL. NRCS determines participant eligibility for NRCS program applicants in accordance with policy in 440-CPM, Part 530, and other agency directives.
Explanation. NRCS uses form NRCS-CPA-1257, “Landowner Concurrence Form to Install Structural or Vegetative Conservation Activities.” NRCS may utilize the optional form NRCS-CPA-1304, “Heirs’ Property Ownership Applicant Self Verification” in attachment A of this bulletin and available on eForms. This form may be used for applicants who are heirs with an informal arrangement to certify ownership interest for the purpose of installing structural or vegetative conservation practices or activities. Structural and vegetative conservation activities are those with a lifespan greater than one year. NRCS may accept other forms of verification for heirs with an informal arrangement.
The table below explains when landowner concurrence is needed, and which form may be used after FSA has established records to document land ownership.
Heirs’ Agreement
FSA Business File
Landowner Concurrence Needed
Formal Arrangement
Heir is owner/operator
N
Heir is owner
N
Heir is operator
(*decision maker)
N (NRCS-CPA-1304)
Heir is operator
(not decision maker)
Y (NRCS-CPA- 1257)
Heir is other tenant (*decision maker)
N (NRCS-CPA-1304)
Heir is other tenant
(not decision maker)
Y (NRCS-CPA- 1257)
**Non-Heir - other tenant
Y (NRCS-CPA- 1257)
Informal Arrangement
Heir is owner/operator
N
Heir is owner
N
Heir is operator
N (NRCS-CPA-1304)
Heir is other tenant
N (NRCS-CPA-1304)
**Non-heir - other tenant
Y (NRCS-CPA- 1257)
*Decision maker is the person or persons identified in the formal arrangement who has control of the land and can determine which activities may be implemented on the land.
**A non-heir is a third-party renter of the land that is not associated with the ownership of the heirs’ land.
Contact. Submit questions about this bulletin through the appropriate state contact to the Financial Assistance Programs Division SharePoint site.