NB_300_23_31 - NB 300-23-31 LTP – Change to Environmental Record Search Timeframe for Agricultural Conservation Easement Program – Agricultural Land Easement and Regional Conservation Partnership Program Entity-Held Easements
NB 300-23-31 LTP – Change to Environmental Record Search Timeframe for Agricultural Conservation Easement Program – Agricultural Land Easement and Regional Conservation Partnership Program Entity-Held Easements
National
Bulletin:
300-23-31
Date:
May 18, 2023
Subject:
LTP – Change to Environmental Record Search Timeframe for Agricultural Conservation Easement Program – Agricultural Land Easement and Regional Conservation Partnership Program Entity-Held Easements
Purpose. This bulletin provides updates and flexibility on the required timeframe for procuring and reviewing environmental records searches for Agricultural Conservation Easement Program – Agricultural Land Easement (ACEP-ALE) and Regional Conservation Partnership Program (RCPP) entity-held easements, including 2014 Farm Bill RCPP ACEP-ALE.
Expiration Date. September 30, 2024
Background. As part of an initiative to improve customer experience and easement program delivery, the Easement Programs Division (EPD) is updating a variety of policies, processes, and procedures. These changes will help streamline easement program implementation and shorten timelines related to procedural delays. Currently, EPD receives a significant amount of policy waiver requests related to the timing of procuring and reviewing environmental record searches for entity-held easements, potentially causing delays to easement closing. EPD analyzed the policy requirement and determined that there was an opportunity to reduce procedural delays by providing additional flexibility in the timing requirements of the procurement and review of environmental records searches.
Title 440 Conservation Programs Manual, Part 528 “Agricultural Conservation Easement Program” will be updated in the future to reflect the change to the timing requirement. In the interim, this bulletin provides guidance on the timing changes and best management practices.
Explanation. Effective as of the publication of this bulletin, the requirement for procuring and reviewing environmental records searches for ACEP-ALE and RCPP entity-held easements (including 2014 Farm Bill RCPP ACEP-ALE) is no longer within 180 days of selecting a parcel for funding. NRCS must procure and review environmental records searches for ACEP-ALE and RCPP entity-held easements, including 2014 Farm Bill RCPP ACEP-ALE, prior to approving closing of these entity-held easement parcels. Note that it continues to be best practice to obtain and review environmental records searches within 180 days of selecting a parcel for funding to avoid delays in easement closing.
This bulletin does not remove the requirement that the environmental records search be procured and reviewed for parcels without a full phase 1. This policy change is related to the timeframe for completing the procurement and review only. Completing the review closer to the planned closing of the parcel introduces a risk that the parcel will be ineligible, as a result of the record search findings and limits the entity’s options to substitute or enter into a new parcel as appropriate to the enrollment type.
As a reminder, NRCS will not enroll or provide cost-share assistance for an entity-held easement on a parcel where NRCS determines that hazardous materials issues are present (see 440 CPM § 528.34(B)(5)). To make this determination, NRCS must conduct onsite inspections and interviews prior to enrollment of a parcel and must procure and review an environmental record search. The best practice to achieve the most accelerated implementation is for NRCS to procure and review the environmental record search prior to executing the parcel contract.
NRCS should continue making every effort to procure and review the environmental record search within 180 days of selecting a parcel for funding. Fortunately, as a result of previous EPD streamlining and process improvement efforts, the environmental records search under the current blanket purchase agreement (BPA #12FPC223A0003 for Environmental Database Search Services) allows for rush orders and purchase card transactions; this provides the flexibility to order or update the required search without significantly delaying the closing (assuming the review of the report does not result in barriers to closing).
EPD will continue to look for other opportunities to meaningfully streamline the procurement, review, and documentation of decisions related to environmental records searches and other components of the due diligence process as process improvements are implemented.
Contact. Direct questions regarding this bulletin to the Easement Policy Branch at EasementSupport@usda.gov.