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Farmland Protection Farmland Protection in the in the

2012 Farm Bill2012 Farm Bill

September 7, 2012

2012 Farm Bill Timeline2012 Farm Bill Timeline

Super Committee Recommendations considered: Oct. 2011

Senate (S. 3240) Committee passage: April 26 Floor passage: June 21

House (H.R. 6083) Committee passage: July 12

Current Conservation ProposalsCurrent Conservation Proposals

Cut more than $6 billion from CBO baseline• Senate: 10%, cuts $6.4 billion over 10 years• House: 9.5%, cuts $6.1 billion over 10 years

Consolidate programs

Cap CRP at 25 million acres

CSP enrollment slowed

EQIP continues, WHIP subsumed

Ag Conservation Easement ProgramAg Conservation Easement Program

Merges three easement programs: FRPP, GRP and WRP

Two options• Agricultural Land Easements (ALE)• Wetland Easements (WE)

Funding flexibility within states

ALE: DefinitionsALE: Definitions

Agricultural land easements • Protect natural resources and the agricultural nature

of the land

• Promote agricultural viability for future generations (Senate version)

• Permit landowners to continue agricultural production and related uses. House version makes subject to approval by Secretary

ALE: Eligible LandALE: Eligible Land

Retains FRPP criteria

Refines definition of grasslands

Specifies“nonindustrial private” forest land

ALE: Cost-Share AssistanceALE: Cost-Share Assistance

Provides cost-share to entities for purchase of easements or other interests in land

Federal share: up to 50% of appraised value Entity share: equal to amount invested by Secretary,

can include donations, 50% of amount paid by Secretary in cash

Up to 75% for grasslands of “special environmental significance”

ALE: ProcessALE: Process

Appraisal methods specified but unclear who is responsible

Evaluation and ranking emphasize:• Protecting agricultural uses and related conservation

values• Protecting areas devoted to agricultural use

Certification process remains the same

ALE: Terms and ConditionsALE: Terms and Conditions

Retains FRPP provisions

Senate version requires that easement be permanent or the maximum extent allowed

Subjects the land to an ALE plan

Right of enforcement for Secretary if terms are not enforced by easement holder

ALE: PriorityALE: Priority

Secretary may prioritize land enrolled in CRP due to expire in one year that is either:

• Grassland that would benefit from protection • Significant wetland area likely to return to

production

Could divert funds to states with high CRP enrollment

Funding and Allocation of FundsFunding and Allocation of Funds

Program/Option Senate House

ACEP $2.2 billion through FY 2017

$250 million in FY 2017

$2.216 billion through FY 2017

$266 million in FY 2017

ALE No less than 40% through FY 2017

$1.38 billion over 10 years

No less than 40% throughFY 2016; no less than 50% in FY 2017

$1.58 billion over 10 years

Timing Timing

Floor vote in House more likely after election

Conference to reconcile differences between bills

After December 31 new Congress and less money

Sequestration

American Farmland TrustAmerican Farmland Trustwww.farmland.orgwww.farmland.org