Confirming your land trusts eligibility is an important step before moving forward with applying to the Agricultural Conservation Easement Program-Agricultural Land Easements Program. Your land trust will need to show proof of meeting the following requirements and responsibilities set forth in ACEP policy.

Requirements for land trusts

To be eligible to receive ALE funding an entity must:

• Be an agency of any state or local government or American Indian Tribe (including a farmland protection board or land resource council established under state law); or be a nongovernmental organization (land trust).

• Provide documentation for the NRCS State Conservationist to determine that the entity has:

  • Authority to both purchase and hold agricultural conservation easements.

  • An established agricultural land protection program that purchases conservation easements for the purpose of protecting either of the following:

  1. The agriculture use and future viability and related conservation values of eligible land by limiting nonagricultural uses of that land.

  2. Grazing uses and related conservation values by restoring or conserving eligible land.

• Demonstrated a commitment to the long-term conservation of agricultural lands.

• Authority and capability to acquire, manage and enforce agricultural land easements or their equivalent.

• Staff capacity to monitor and steward easements whether directly or through formal agreement with other entities.

• Adequate funds to meet non-federal cost-share requirements for each parcel proposed for funding.

To best determine your land trust’s eligibility, be sure to learn more by connecting with your state NRCS staff. 

• Form CCC-941: Average Adjusted Gross Income (AGI) Certification and Consent to Disclosure of Tax Information.

• Landowners that are a legal entity or general partnership must also provide Form CC-901 or CCC-902.

Land eligibility

Confirming that the parcel is eligible is an important step in preparing to apply for the ALE program. Included here are the minimum eligibility requirements from the ACEP manual. See our ALE application tool or the manual for more details.

To be eligible, land must meet the following criteria:

• Be private or tribal land that is agricultural land, including land on a farm or ranch.

• Be subject to a written pending offer for purchase of an agricultural land easement by an eligible entity (land trust).

• Meet at least one of the following criteria:

  • Contain a minimum of 50% prime, unique or other productive soil (see Web Soil Survey tool and this how-to video produced by American Farmland Trust).

  • Contain historical or archaeological resources.

  • Enrolling the land would protect grazing uses and related conservation values by restoring or conserving eligible land.

  • Protecting the land will further a state or local policy consistent with the purposes of ACEP.

• Be at least one of the following types of land:

  • Cropland.

  • Rangeland.

  • Grassland or land that contains forbs or shrubland for which grazing is the predominant use.

  • Located in an area that has been historically dominated by grassland, forbs or shrubs and could provide habitat for animal or plant populations of significant ecological value.

  • Pastureland.

  • Nonindustrial private forest land that contributes to the economic viability of an offered parcel or serves as a buffer to protect such land from development. Note: ALE easements may contain forest land on up to two-thirds of the ACEP-ALE easement area.

• ​Be land that is in an area that has access to agricultural markets for its products, infrastructure appropriate for supporting agricultural production and other support services.

• Be agricultural land that faces development pressure from nonagricultural use or grassland that faces pressure of conversion to nongrassland uses.

NRCS must perform an onsite review prior to making a determination that the land is eligible. For more detail on eligible (and ineligible) land see the ACEP manual, ALE application guide or speak with your local NRCS staff.

Landowner eligibility

Working with your landowner on the front-end to determine if they are open to and ready to pursue a conservation easement in perpetuity is important. Keeping lines of communication open can help you, the landowner and NRCS stay on the same page. All landowners listed on the property deed (individuals and members of legal entities) must establish eligibility through the USDA Farm Service Agency.

The following documentation must be completed, reviewed and filed at the USDA service center:

• A copy of the current property deed or other current evidence of ownership, including a breakdown of ownership shares if applicable.

• Form AD-1026: Highly Erodible Land Conservation (HELC) and Wetland Conservation (WC) Certification.

• Form CCC-941: Average Adjusted Gross Income (AGI) Certification and Consent to Disclosure of Tax Information.

• When the landowner is a legal entity*:

  • Form CCC-901: Member’s Information, or Form CCC-902: Farm Operating Plan.

  • Proof that the legal entity is a legal and valid entity in the State where the land is located, usually by a certificate of good standing from the secretary of the State.

All landowners, including required members of landowner-legal entities and persons that have a life estate, must meet the adjusted gross income (AGI) limitations and submit required documentation to the FSA.

• Form CCC-941: Average Adjusted Gross Income (AGI) Certification and Consent to Disclosure of Tax Information.

• Landowners that are a legal entity or general partnership must also provide Form CC-901 or CCC-902.

Note: American Indian tribes are not subject to AGI provisions.

*Legal entity as defined under federal or state law is an entity that meets either of the following criteria: (i) Owns land or an agricultural commodity, product, or livestock (ii) Produces an agricultural commodity, product, or livestock (Conservation Programs Manual, Part 528.190)

For more information, visit our ALE application guide and be sure to speak with your state NRCS staff.

Disclaimer

Please note: Information provided on the Land Trust Alliance website regarding the ALE program and application is for guidance purposes only. Applicants should refer to their local NRCS State Office for up-to-date information on state-specific program and application requirements.