Before taking steps to apply for ACEP-ALE funding, you will need to verify whether your entity meets the minimum eligibility criteria that are set by law, as well as the type of ACEP-ALE transaction.

Determine Your Eligibility

To determine whether your organization is eligible, refer to the list of minimum criteria below and use our checklist. If you still have questions about your eligibility, your state’s ACEP-ALE program manager can assist you and help determine what documentation is needed to establish eligibility.

To be eligible to engage in a BPS transaction, your organization must meet entity, land, and landowner eligibility criteria for standard ALE transactions and meet the additional criteria for BPS transactions.

If another organization is co-holding an easement with you or acting as a 3^rd party right holder, they do not need to separately establish eligibility unless they are also applying separately as an eligible entity, or will be an interim easement holder in a post-closing BPS transaction.

Each of the following criteria must be satisfied:

• Be an agency of a state or local government (can include a farmland protection board or land resource council established under state law), though this entity would not be eligible to undertake BPS transactions; an Indian Tribe; or a non-profit nongovernmental organization
• Be organized for the purpose of land preservation (can include recreation, natural habitat, open space, farmland, forest land, and/or historically important land)
• Have authority to purchase and hold agricultural conservation easements
• Have an established agricultural land protection program that purchases conservation easements
• Have demonstrated a commitment to the long-term conservation of agricultural lands
• Have the capability to acquire, manage, and enforce easements
• Have staff dedicated to stewardship and monitoring
• Satisfy non-Federal share requirements

You will also need a DUNS number and have an updated System for Award Management (SAM) registration. The DUNS number is a 9-digit identifier that is issued and maintained for free by Dun and Bradstreet. This number verifies the existence of a business entity and is a prerequisite for registration in SAM.

USE

1. Entity Eligibility Checklist
2. How to Get a DUNS Number and Register with SAM
3. SAM Registration Webinar

Screen Potential Projects

Before you invest a lot of time:

• Find out if the landowner is comfortable working with a federal agency. Landowners will need to disclose personal information to USDA in order to participate in the program.
• Ensure the landowner is willing to live with a permanent restriction on their property.
• Determine whether the parcel includes productive agricultural land. The majority of parcels qualify for the ALE program based on this category. The land must contain at least 50% prime, unique, statewide, or locally important agricultural soils. Generally, the higher the percentage of important soils, the better a project will rank. If your site does not meet the soils criteria, there are other options for qualifying, but be sure to check with state ranking criteria first.

If a project passes your initial screening, you can decide on a transaction type and spend more time confirming landowner and land eligibility.

Determine Your Landowner’s Eligibility

Confirm Ownership of Land

It is important to identify all landowners at the beginning of the process to avoid delays and complications later. You can take these steps to confirm the ownership of the parcel:

• Review a copy of the property deed.
• Request an initial title search to confirm that the deed provided by the landowner is the most recent and accurate and covers all portions of the proposed offered area.

For buy-protect-sell (BPS) transactions, the timing of the transfer of ownership determines who the landowner is for the purposes of ACEP-ALE participation. For a pre-closing transfer, the landowner is the qualified farmer or rancher, identified by the entity, who ultimately will own the land prior to or at the ALE closing. For a post-closing transfer, the landowner is the BPS-eligible entity or the interim landowner identified to help facilitate the land transfer, depending on who will be the landowner during the ALE closing. For more information, see the BPS fact sheet listed below.

Coordinate Completion of USDA Eligibility Forms

All individuals, legal entities, and entity members of record need to complete paperwork with USDA Farm Service Agency (FSA) to determine eligibility, including adjusted gross income (AGI) and conservation compliance. A Subsidiary Print is the resulting report that summarizes key eligibility information. Each landowner must independently qualify. You should oversee this process. Set up an appointment with FSA to ensure each landowner completes the required eligibility forms.

This documentation should be completed as soon as possible. You could initiate this process as early as the start of the new federal fiscal year (October 1). You do not need to wait for an announcement of ACEP-ALE application cycles to certify landowner eligibility. Once the landowners have filed the necessary documentation with FSA, it is suggested to contact FSA periodically to ensure it is being processed. You will need to obtain permission from the landowners to speak with FSA on their behalf.

To help assess whether a landowner is eligible to participate, use our Landowner Eligibility Checklist below.

READ

1. FSA AGI Fact Sheet
2. USDA Conservation Compliance Fact Sheet
3. Example Landowner Subsidiary Print
4. ACEP-ALE Buy-Protect-Sell Fact Sheet

USE

1. Landowner Eligibility Checklist 
2. FSA Payment Eligibility Page

Review Land Eligibility Criteria

After the initial screening, work with your landowner to confirm that the land meets all of the applicable land eligibility criteria:

• Be privately owned or tribal agricultural land on a farm or ranch;
• Fits into one of the four eligibility categories listed below when applying:
  • Contains at least 50% prime, unique, or other productive soil,
  • Contains historical or archaeological resources,
  • Protects grazing uses and related conservation values, or
  • Furthers a state or local government policy consistent with the purposes of ACEP. You will need to cite the relevant policy if you choose this option. Contact your state program manager to determine if this eligibility criteria is available in your state.
• Be identified as cropland, pastureland, rangeland, grassland or other grazing land, and/or nonindustrial private forest land that contributes to the economic viability of the parcel or serves as a buffer from development; and
• Be subject to a written pending offer from an eligible entity to purchase agricultural land (standard ALE transaction), or be subject to a buy-protect-sell transaction in which the land is owned by or in the process of being purchased by the BPS-eligible entity on a transitional basis and subject to certain conditions necessitating transitional ownership.

The following two items are listed as eligibility criteria in the ACEP-ALE program manual. In practice, NRCS will not consider projects to be ineligible based on these factors. These factors are considered in ranking. Be prepared to provide evidence of these factors at the time of application to make your project more competitive.

• Have access to markets, infrastructure, and other agricultural support services; and
• Be experiencing development pressure.

In addition, there are a few factors that make land ineligible, including: encumbrances with similar protections as ALE, unacceptable exceptions to clear title, adverse on or offsite conditions, and more. To learn more about land eligibility criteria, use the below Land Eligibility Checklist.

Understand Ranking Criteria

Applications are ranked by NRCS. NRCS staff from your state will conduct onsite visits and rank eligible parcel applications. National criteria make up at least half of the total score; state criteria may account for up to half. The State Conservationist with input from the State Technical Committee, however, may decide to give more weight to the national ranking factors. The national criteria consider the proportion of important agricultural land and active agricultural uses; the extent to which the parcel’s surroundings support agriculture and indicate development pressure; and whether the land contains significant grasslands.

As a result, ranking criteria are unique to each state and are updated each fiscal year. Changes must occur at least 30 days prior to an announced application cutoff date and the criteria must be posted on the state NRCS web page. Each state’s ranking criteria can be found by visiting the appropriate state NRCS web page. Using the “List of NRCS State Offices” link below, select your state and navigate to “Programs”, “Easements”, then “ACEP-ALE”.

Assess Parcel Configuration

Walk the property with the landowner and explore their personal and business goals. Discuss possible locations of exclusions for future building lots or commercial activity, or future farm enterprises. Take note of certain features of the property that could potentially impact ALE participation, such as access, infrastructure, abutting properties, and anything else that will help you and NRCS assess onsite and offsite conditions.

Now that you are thoroughly acquainted with the parcel, it is time to explore parcel configurations. As you consider possible easement area configurations, think about:

• Land eligibility criteria
• Ranking criteria
• Landowner goals
• Entity goals
• ACEP-ALE minimum deed terms

Prepare a few different examples and walk through them with the landowner.

The configuration of the acres that are proposed for enrollment will impact the land’s eligibility and ranking. If the proposed easement boundaries are different than the property boundaries, the landowner may need to procure a survey. 

Discuss Easement Deed Terms

It is important to talk with your landowner about the ACEP-ALE minimum deed terms and your entity’s deed terms prior to applying for participation. ACEP-ALE minimum deed terms are mandatory. It is very difficult to modify or revoke an ACEP-ALE easement once it is on the land. Therefore, be sure that your organization and the landowner fully understand and agree to these terms prior to participating in this program.

Be aware that ALE deeds must include provisions that protect the attributes for which a parcel was ranked and selected for funding by NRCS. As a result, if a parcel’s ranking includes, for example, the commitment to protect pastureland that contains special wildlife habitat, the deed terms will enforce that commitment.

READ

1. ACEP-ALE Fact Sheet
2. ACEP-ALE Program Manual, Sections 528.33-34, 528.40-41, and 528.60-61
3. ACEP-ALE Minimum Deed Terms
4. Designating Farmland of Local Importance in Massachusetts Fact Sheet

WATCH

1. How to Use the Web Soil Survey

USE

1. Land Eligibility Checklist
2. Web Soil Survey
3. List of NRCS State Offices to Access State Ranking Criteria

Learn About Funding Availability for ACEP-ALE

Each fiscal year, NRCS issues a national bulletin to provide guidance on ACEP-ALE implementation. It includes vital information for NRCS staff about application review and selection, submitting agreements, internal review, and suggests dates for the current year’s application process. The guidance may also update standard forms, agreements, and deed term provisions.

States cannot begin processing or funding new applications until this guidance is issued. The release date for the fiscal year guidance varies based on a number of factors, including whether there are new Farm Bill provisions or federal budgetary discussions. 

After the guidance is released, NRCS state offices post information about the new application cycle. States are required to set the application deadline at least 30 days after the issuance of guidance. You can find the web pages for your state office using the “List of NRCS State Offices” link below. Select your state and navigate to “Programs”, “Easements”, then “ACEP-ALE”. If information is not available or out of date, contact the state program manager.

USE

1. List of NRCS State Offices 
2. NRCS ACEP-ALE State Program Manager Contact List

Gather Supporting Documentation

NRCS makes determinations about eligibility and ranking based on the documentation you supply. They may verify some information with an on-site visit. Use the below checklists as guides and suggestions for gathering the documentation that will be needed to apply for ACEP-ALE. Refer to these lists early, as they will give you an idea of what to expect in the application process.

USE

1. Entity Eligibility Checklist
2. Landowner Eligibility Checklist
3. Land Eligibility Checklist 

Access Application Forms

ACEP-ALE applications are comprised of two separate forms to be completed by eligible entities – one to establish an Agreement (NRCS-CPA-41) and another to fund a Parcel Contract (NRCS-CPA-41A) associated with the Agreement. For a buy-protect-sell (BPS) parcel, an additional form NRCS-CPA-41A BPS Supplement is also required.

First, be sure you are using the latest forms, as older forms may still be available in various places online. The latest forms are available at eForms.gov. You can complete the forms online and submit the forms electronically by registering for a USDA Customer ID. Visit eForms.gov for more information. You may also download fillable forms using the “Browse Forms” feature and submit them directly to your state program manager. Downloadable copies of the forms may also be posted on your state’s NRCS webpage.

When browsing for a form, keep searches as simple as possible. If you know the number of the form, such as NRCS-CPA-41, it helps to enter only the number 41 into the “Form Number” field without using the above filters. Avoid using punctuation or additional words, as search results will be too narrow and the form you are looking for may not appear.

If you see an error message instructing you to install Adobe Reader and configure viewing, refer to the “eForms Browser Instructions” document below. Be aware that not all USDA forms allow you to save information you type into them. Refer to these instructions for more information.

USE

1. USDA eForms Website
2. ACEP-ALE Application Forms
3. eForms Browser Instructions

Complete Your Application Forms

The first form to be submitted is referred to as the Entity Application (CPA-41), which can be submitted at any time, with or without the second form for individual parcels. The CPA-41 covers entity eligibility and identifies other partners that are expected to be involved in upcoming projects as co-holders or 3^rd party right holders. Specific easement information is not captured by this form. If the Entity Application is approved, your organization enters into a program agreement with NRCS. This program agreement is in effect for 5 years.

A Parcel Sheet (CPA-41A) is required for each ACEP-ALE parcel. The CPA-41A gathers information about the proposed easement land and the funding requested. Multiple parcels can be associated with a program agreement for standard ALE transactions. For BPS transactions, only one associated parcel sheet is allowed per program agreement and an additional form CPA-41A BPS Supplement is also required. Parcel applications can be submitted simultaneously with an Entity Application or after you have a program agreement with NRCS. You should submit these forms together or within a short period of time in order to be considered for funding. Funding decisions will only be made once CPA-41A forms are submitted with supporting documentation. If a parcel is selected, your organization will enter into a contract with NRCS for funding and proceed through the acquisition process.

USE

1. Instructions for CPA-41 and CPA-41A

More information coming soon!

More information coming soon!