ACEPALE Minimum Deed Terms dated 4292016 Updates Corrections

“ACEP-ALE Minimum Deed Terms (dated 4/29/2016)” Updates & Corrections Agricultural Conservation Easement Program Agricultural Land Easement (ACEP-ALE) 1

Some Important Acronyms • NRCS: Natural Resources Conservation Service • ACEP: Agricultural Conservation Easement Program • ALE: Agricultural Land Easement 2

AUTHORITY • Section 528. 50, 2014 Farm Bill - ACEP-ALE • Provide cost share assistance to eligible entities to purchase agricultural land easements. 3

ACEP-ALE PROGRAM PURPOSES AND OBJECTIVES • Replaces FRPP and GRP. • Protect the agricultural use and future viability of farm and ranch land by limiting its non-agricultural uses. • Facilitate the purchase of agricultural land easements by entities that protect natural resources and agricultural nature of the land. 4

Minimum Deed Terms • The “Minimum Terms for the Protection of Agricultural Use” must be used for all parcels funded through an ACEP-ALE cooperative agreement with a noncertified eligible entity. • An updated version of the “ACEP-ALE Minimum Deed Terms (dated 4/29/16)” addendum is now available. • This updated version of the ACEP-ALE minimum deed terms must be used for all FY 2016 ACEP-ALE cooperative agreements. • For all unclosed parcels on existing FY 2014 or FY 2015 ACEP-ALE agreements the cooperating entity has the option to use either the: – Updated version of the “ACEP-ALE Minimum Deed Terms” addendum (dated 4/29/16) in their entirety, OR – Minimum deed terms and requirements in place in the fiscal year the parcel was selected for funding. 5

Minimum Deed Terms Updates and Corrections • NRCS has made the following updates and corrections to Minimum Deed Terms (MDT) in response to feedback. • An updated version of the “ACEP-ALE Minimum Deed Terms (dated 4/29/16)” is available. 6

Clarified Requirements When Incorporating MDT into Deed 7

Clarified Rule of Interpretation When Attaching MDT 8

Clarified that Allowing Subdivision for On-Farm Housing Is Optional (Section I Paragraph 2(A)3) 9

Clarified that Commercial Enterprises May Be Limited When Attaching MDT (Section I Paragraph 3(B)(iv)) 10

New Fences May Be Installed on ALE Grassland in Accordance with ALE Plan (Section I Paragraph 3(C)) 11

Clarified that ACEP Requires Agricultural Uses be Consistent with Long-Term Viability (Section I Paragraph 4) 12

Clarified when Grassland Uses Paragraph Required and Where Species in Decline Will be Described (Section I Paragraph 4(D)) 13

Limited Grantee Liability for a Failure to Enforce (Section II Paragraph 1) 14

Added Grantor Warranty (Section II Paragraph 1) 15

Added Language to Allow for Disclosure of Remediated Environmental Hazards (Section II Paragraph 3) 16