NB_300_23_27 - NB 300-23-27 LTP - Announcing the Publication of Easement Donations Policy
NB 300-23-27 LTP - Announcing the Publication of Easement Donations Policy
National Bulletin: 300-23-27 Date: May 3, 2023
Subject: LTP - Announcing the Publication of Easement Donations Policy

Purpose.  This national bulletin announces the publication of easement donations policy and provides a summary of the policy.
Expiration Date.  September 30, 2023
Background.  Title 440, Conservation Program Manual, Part 527 “Easement Common Provisions,” Subpart C “Easement Donations,” was published on May 2, 2023. This policy applies to proposed gifts to NRCS in the form of a donated easement. All offers of a gift of real property must be closely examined for their management and fiscal implications, precedential nature, public relations ramifications, and other aspects. This policy provides guidance and instructions to states for processing easement donations and submitting them to Easement Programs Division (EPD) for review and approval.
Explanation.  The easement donation policy provided in 440 CPM 527, Subpart C, applies to proposed donations as of the publication date and supersedes any donation policy published in easement program manuals.

The easement donations policy covers the following topics:

  • Authority to accept donations of interests in real property including types of gifts that are accepted, general rules, examples, and principles of gift acceptance.
  • Landowner’s responsibility to cover costs to evaluate and process the donation.
  • Instructions for processing easement donations.
  • EPD review, approval, and acceptance guidelines.
  • Restrictions on offering tax advice.

To accept a donation of an interest in real property under NRCS easement program authorities, the state conservationist must submit a recommendation to the EPD director for review and approval. USDA’s Office of General Counsel concurrence is also required as part of the review and acceptance process. States may request this EPD approval by uploading the required information in Program Activity Management Solution (PAMS) at: https://usdagcc.sharepoint.com/sites/nrcs_programs/epd/pams/SitePages/GeneralReqManagment.aspx.

EPD staff will provide an overview of the policy to states during an upcoming EPD Monthly Net Conference.
Contact.  Direct questions regarding this national bulletin and policy to Wayne van Rooyen, National Realty Specialist, by email at wayne.vanrooyen@usda.gov and to the Easement Policy Branch by email at EasementSupport@usda.gov.


Acting Deputy Chief for Programs

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