USDA finalized its rule for the Agricultural Conservation Easement Program (ACEP) in early February. The program enables ag producers and landowners to protect farmlands, grasslands and wetlands with conservation easements.
The final rule revised the definitions for beginning farmer or rancher, eligible land, farm or ranch succession plan, future viability and maintenance, in order to provide more clarity, especially in succession planning.
In terms of updates to ACEP agricultural land easements (ALE): priority will be given for lands enrolled in the Transition Incentives Program under the Conservation Reserve Program (CRP-TIP); the non-federal match requirements were clarified and new types of costs were added that could satisfy the non-federal match requirements; the regulatory deed requirements were modified to clarify the types of changes to the easement deed or easement area that must be approved in advance by Natural Resources Conservation Service; the regulatory language describing the U.S. inspection authority to reflect the existing right of enforcement language used in ACEP-ALE conservation easements was updated; and the regulatory language used to specify the minimum and maximum durations for ACEP-ALE agreements based on an eligible entity’s certification status was revised.
Regarding the ACEP Wetland Reserve Easements, priority will be given to the easements enrolled in CRP-TIP that are farmed wetland, and adjoining land that has the highest wetland functions and values and is likely to return to production after the land leaves CRP.
