What is entity certification?

(CPM Part 528 Subpart H 528.70)

The 2008 Farm Bill gave the Natural Resources Conservation Service (NRCS) the authority to offer a national process to recognize exceptional eligible entities as “certified” for ACEP-ALE conservation easements. Certification allows eligible entities such as land trusts administrative flexibility when participating in ACEP-ALE. Having this flexibility can streamline projects as they move through application, enrollment and eventually closing, creating the potential for getting more projects done and more farm and ranchland protected.

To gain certified entity status, land trusts must demonstrate extensive experience in both preserving agricultural land and successfully participating in NRCS’s Farmland Protection Program (FPP), Farm and Ranch Land Protection Program (FRPP) or ACEP-ALE. (See the current list of certified land trusts here.) The 2018 Farm Bill created a streamlined path to certification for accredited land trusts.

What are the benefits of certified entity status?

(CPM Part 528 Subpart H 528.74)

As trusted partners, certified entities help leverage NRCS resources to get programmatic dollars on the ground to help willing producers conserve working lands. There are numerous benefits to being recognized as a certified entity including:

• Ability to carry out actions required by ACEP-ALE with greater autonomy and more streamlined oversight from NRCS.

• Extended initial ACEP-ALE agreement term of up to 5 years which can be extended 7 years.

  • Please note: A noncertified entity agreement is 3-years and can be extended to 5.

• Ability to use your land trusts own terms and conditions in the agricultural land easement deeds, with the caveat that standard United States right of enforcement clause as stated in the ACEP-ALE grant agreement or where authorized, ACEP-ALE program agreement must be included.

• Streamlined closing process for ACEP-ALE easements where NRCS is not required to review and approve the following prior to closing: 1) the agricultural land easement deeds; 2) title including title policy commitments; or 3) appraisals.

  • Please note: NRCS conducts annual reviews of the easement acquisition transactions of 15% of each entity’s projects after closing through the quality assurance review process. The quality assurance review process is designed to ensure certified entities are following NRCS policy which is outlined in respective program agreements.

What are the eligibility requirements?

(CPM Part 528 Subpart H 528.71)

To be eligible to submit a certification request package, your land trust must meet the following requirements:

• Be eligible for ACEP-ALE (See CPM 440 Subpart H Section 528.32):

  1. A nongovernmental organization that operates for a conservation purpose. Examples include preservation of open space (including farmland and forest land), and the preservation of a historically important land area.

  2. Tax Exempt.

  3. Authority to hold agricultural conservation easements.

  4. Established agricultural land protection program.

  5. Commitment to the long-term conservation of agricultural lands.

  6. The authority and capability to acquire, manage and enforce agricultural land easements or their equivalent.

  7. Staff capacity.

  8. Perform necessary legal and administrative actions to ensure proper acquisition and recordation of valid agricultural land easements.

  9. Procure and pay all costs related to determinations of value, due diligence and closing.

  10. Hold title to the agricultural land easements.

  11. Meet the requirements and carry out the responsibilities of the ALE-agreement.

• Complete conservation easement transactions effectively and in a timely manner. This is determined by averaging the closing time of all ACEP-ALE, FRPP or FPP easements in the most recent 5-year period.

• Maintain capacity to enforce provisions of easement deeds and provides documented history of such enforcement.

• Agree to and have a plan for administering ACEP-ALE easements in the request for certification.

• Provide evidence that your land trust meets the criteria and requirements in one of the following areas:

  1. Land Trust Accredited by the Land Trust Accreditation Commission.

     1. The entity (must meet both):

        1. (A) Is currently accredited by the Land Trust Accreditation Commission, and such accreditation is in good standing.

        2. (B) Holds, manages and monitors not fewer than 10 ACEP-ALE, FRPP or FPP-funded conservation easements in good standing.

  2. General Certification for any Eligible Entity Type.

     1. The entity (must meet all three):

        1. (A) Holds, manages and monitors a minimum of 25 agricultural easements (these do not all have to be NRCS-funded easements).

        2. (B) Of the 25 agricultural easements, the entity holds, manages and monitors a minimum of 10 ACEP-ALE, FRPP or FPP-funded conservation easements in good standing.

        3. (C) For entities that are nongovernmental organizations, provides evidence of the existence of a sufficient dedicated fund for the purposes of legal defense, monitoring and enforcement. Dedicated funds are also referred to as “stewardship funds” or “legal defense funds.”