CSP ELIGIBILITY 1 OBJECTIVES Review Applicant Eligibility Participant

CSP ELIGIBILITY 1

OBJECTIVES Review: • Applicant Eligibility • Participant Eligibility • Land Eligibility 2

Definition Applicant A producer as defined in 7 CFR, Part 1469, who has requested in writing to participate in CSP. 3

Definition Producer An owner, operator, landlord, tenant, or sharecropper who shares in the risk of producing any crop or livestock; and is entitled to share in the crop or livestock available for marketing from a farm (or would have shared had the crop or livestock been produced). 4

Definition Participant One who is accepted into CSP and any signatory to a conservation stewardship contract. 5

CSP ELIGIBLITY APPLICANT ELIGIBILITY 6

ELIGIBLE APPLICANT CPM 518. 41 B To be eligible to participate in CSP, an applicant must: • Be in compliance with HELC and WC provisions • Have control of the land for the life of the proposed contract period. 7

Definition Control CPM 518. 41 B • Possession of the land by ownership, lease, or agreement; and • Authority to act as decisionmaker for the management and operation of the land. 8

Definition Decisionmaker (NPPH) An individual, group, … or other entity that has the authority by ownership, position, office, delegation, or otherwise to decide on a course of action. 9

ELIGIBLE APPLICANT CPM 518. 41 B If the applicant is a tenant: • The applicant must provide NRCS with the written evidence or assurance of control from the landowner(s). • A written lease is not a requirement to show control if historical use and control of the land can be demonstrated. 10

CONSERVATION SECURITY PROGRAM (CSP) Control of Land Certification by Owner LAND UNIT DESCRIPTION(s) Farm Identifier or Legal Description: ______________________ For the above described land unit that I own, I hereby certify that my Tenant, ________________, will have control of this land for the purpose of satisfying the terms and conditions of a Conservation Stewardship Contract, for the proposed contract period, ______ years. _____________ Landowner Signature _________ Date 11

ELIGIBLE APPLICANT CPM 518. 41 B To be eligible to participate in CSP, an applicant must: • Be a producer • Share in the risk of producing any crop or livestock; and • Be entitled to share in the crop or livestock available for marketing. 12

ELIGIBLE APPLICANT CPM 518. 41 B To be eligible to participate in CSP, an applicant must: • Complete a benchmark condition inventory for the entire agricultural operation, or the portion being enrolled. • Supply information, as required by NRCS, to determine eligibility for the program. • Be in compliance with adjusted gross income 13 (AGI) requirements

POLICY CONSTRAINTS CPM 518. 41 A • An applicant must be a producer who has control of the land unit for the life of the proposed contract. • For CSP, landlords and owners of exclusively cash rented land are not considered producers. • They are ineligible to be an applicant. • They could be a participant. 14

POLICY CONSTRAINTS CPM 518. 41 C • An applicant may submit only one application for each sign-up. • Producers who are participants in an existing contract are not eligible to submit another application. 15

POLICY CONSTRAINTS CPM 518. 41 C • Applicants that are entities (joint operations, trusts, estates, associations, partnerships or similar organizations) must file a single application for the entity. 16

SIGNATURE AUTHORITY FOR BUSINESSES CPM 512. 21 A Authorization for Joint Operations and Entities • Each joint operation or entity must authorize someone to act on its behalf to sign the application, contract, payment request, or other administrative documents. 17

SIGNATORY VERIFICATION CPM 512. 21 B NRCS will accept the following to verify an authorized signatory: • A notarized Power of Attorney on form NRCS-CPA-09 that provides authority for an individual to do business as an entity or joint operation 18

SIGNATORY VERIFICATION CPM 512. 21 B NRCS will accept the following to verify an authorized signatory: • A copy of the corporate charter, bylaws, court orders of appointment, trust agreement, last will and testament, or articles of partnership clearly designating who has signature authority for the entity or joint operation. 19

CSP ELIGIBLITY PARTICIPANT ELIGIBILITY 20

PARTICIPANT ELIGIBILITY CPM 518. 41 D A contract participant (other than the applicant) must: • Comply with HELC and WC provisions • Comply with AGI requirements 21

POLICY CONSTRAINTS CPM 518. 41 E • Any program participant will only receive payments from one conservation stewardship contract. • Participants can only have one active contract at any one time. 22

CSP ELIGIBLITY LAND ELIGIBILITY 23

ELIGIBLE LAND CPM 518. 42 A To be eligible for CSP, land must be: • Private agricultural land • Tribal, allotted, or Indian trust agricultural land • Incidental parcels • Other land 24

ELIGIBLE LAND CPM 518. 42 A PRIVATE AGRICULTURAL LAND • Cropland • Cropped Woodland Marshes • Hayland • Pastureland • Rangeland • Incidental Forest Land 25

ELIGIBLE LAND CPM 518. 42 A(1)(iv) INCIDENTAL FOREST LAND • All nonlinear forested riparian areas • Small associated woodlots within the bounds of working agriculture land • Small adjacent areas managed to maximize wildlife habitat values 26

ELIGIBLE LAND CPM 518. 42 A(1)(iv) INCIDENTAL FOREST LAND • Areas limited individually in size to 10 acres or less • Areas larger than 10 acres are ineligible land • Areas limited to 10% in aggregate of the total contract acres 27

ELIGIBLE LAND CPM 518. 42 A(2) TRIBAL, ALLOTTED, OR INDIAN TRUST LAND • Agricultural land that is Tribal, allotted, or Indian trust land 28

ELIGIBLE LAND CPM 518. 42 A(3) INCIDENTAL PARCELS May include (but are not limited to): • Land within bounds of working ag. land or • Small adjacent areas 29

ELIGIBLE LAND CPM 518. 42 A(3) INCIDENTAL PARCELS Such as: • Non cropped Center pivot corners • Field borders • Linear practices • Turn rows • Intermingled small wet areas or riparian areas 30

LAND ELIGIBILITY CPM 518. 42 A(3): INCIDENTAL PARCELS • Not more than 10% of the contract acres 31

ELIGIBLE LAND CPM 518. 42 A(4) OTHER LAND … • on which NRCS determines that conservation treatment will contribute to an improvement in an identified natural resource concern. • Includes areas outside the boundary of agricultural land 32

ELIGIBLE LAND CPM 518. 42 A(4) OTHER LAND … • including areas outside the boundary of the agricultural land, such as: • • • Farmsteads Barnyards Feedlots Equipment storage areas Material handling facilities Other such developed areas 33

ELIGIBLE LAND CPM 518. 42 A(4) OTHER LAND – Domestic Areas • • • Devoted to human habitation Serve no direct ag production purpose Include septic systems Not more than 5 acres Must be treated in Tier III contracts 34

ELIGIBLE LAND CPM 518. 42 A(4) OTHER LAND – Production Areas • • • Production related areas or Staging areas for production related activities Not eligible for S or EPP Eligible for NP and E payments Must be treated in Tier III contracts 35

ELIGIBLE LAND CPM 518. 42 B A majority of the agricultural operation must be within a watershed selected for sign-up 36

ELIGIBLE LAND CPM 518. 42 B Majority is determined by: • Establishing percentage of ag operation in each 8 digit hydrologic unit • The ag operation is eligible when the largest percentage is within the selected watershed 37

INELIGIBLE LAND CPM 518. 42 C The following land is not eligible for CSP enrollment: • Land enrolled in CRP • Land enrolled in WRP • Land enrolled in GRP • Public land • Land that fails to meet Eligible Land definition (Idle Lands) 38

INELIGIBLE LAND CPM 518. 42 C Idle Lands • Do not meet Incidental Parcel definition • Not farmed, grazed, mowed or harvested • Not working agricultural lands • May have wildlife benefits, but do not meet treatment requirements for pastureland rangeland 39

INELIGIBLE LAND CPM 518. 42 C Ineligible lands: • Delineated in the agricultural operation • Are not part of the contract • Do not receive payments 40

LAND INELIGIBLE FOR PAYMENT CPM 518. 42 D Land ineligible for any payment Land cropped after 5/13/02, that was not • Planted, • Considered planted, or • Devoted to crop production for at least 4 out of 6 years preceding 5/13/02 41

SUMMARY Eligible Applicant Must: • Be a producer • Production/Marketing • Have control • Possession/Decisionmaker • Be in compliance • HELC/WC, AGI 42

SUMMARY Eligible Land Is: • • Private Working Ag. Land Tribal Working Ag. Land Incidental Parcels Other Land 43

• The U. S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs. ) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc. ) should contact USDA's TARGET Center at 202720 -2600 (voice and TDD). 44