AGREEMENT
BETWEEN
THE U.S. DEPARTMENT OF AGRICULTURE
COMMODITY CREDIT CORPORATION
AND
THE STATE OF OREGON
CONCERNING THE IMPLEMENTATION OF A
CONSERVATION RESERVE ENHANCEMENT PROGRAM
I. PURPOSE
This Agreement is between the Commodity Credit Corporation (CCC) of the United States
Department of Agriculture (USDA) and the State of Oregon (State) to implement a
Conservation Reserve Enhancement Program (CREP), as proposed in "Oregon’s
Riparian Enhancement Initiative" dated September 1998, to assist in the recovery of
salmon and trout species (salmonids) which have been listed as threatened or endangered
species under the federal Endangered Species Act. In this agreement, obligations of the
"State" are limited to powers and authorities committed to the Governor of
Oregon.
II. GENERAL PROVISIONS
A number of salmonid species native to Oregon have been either listed or proposed
for listing as threatened or endangered species under the federal Endangered Species Act.
Agricultural activities in riparian corridors, along with agriculture-related impacts on
water quality, have contributed to habitat loss of these coldwater fish species in Oregon.
This Agreement for this Oregon CREP is designed to help alleviate some of these problems.
It is the intent of USDA, CCC and the State that this CREP will address the following
objectives:
| 1. |
Restoration of 100 percent of the area enrolled for the riparian forest
practice to a properly functioning condition in terms of distribution and growth of woody
plant species. |
| 2. |
Reduction of sediment and nutrient pollution from agricultural lands
adjacent to the riparian buffers by more than 50 percent. |
| 3. |
Establishment of adequate vegetation on enrolled riparian areas to
stabilize 90 percent of stream banks under normal (non-flood) water conditions. |
| 4. |
Reduction of the rate of stream water heating to ambient levels by
planting adequate vegetation on all riparian buffer lands. |
| 5. |
Provision of a contributing mechanism for farmers and ranchers to meet the
water quality requirements established under federal law and under Oregon’s
agricultural water quality laws. |
| 6. |
Provision of adequate riparian buffers on 2,000 stream miles to permit
natural restoration of stream hydraulic and geomorphic characteristics which meet habitat
requirements of salmonids. |
The intended outcome of this Agreement in particular is to enhance the ability of
producers to enroll certain acreage under the Conservation Reserve Program (CRP), where
deemed desirable by USDA, CCC and the State. This Agreement is not intended to supersede
any rules or regulations, which have been, or may be, promulgated by either USDA or CCC.
III. AUTHORITY
The CCC has the authority under provisions of the Food Security Act of 1985, as
amended (1985 Act)(16 U.S.C. 3830 et seq.), and the regulations at 7 CFR part 1410
to perform all its activities contemplated by this agreement. In accordance with the 1985
Act, CCC is authorized to enroll land in CRP through December 31, 2002.
Sections 1230, 1234, and 1242 of the 1985 Act authorize the CCC to enter into
agreements with States to use the CRP in a cost-effective manner to further specific
conservation and environmental objectives of a State and the nation. Other authorities may
also apply.
The authority for the State to enter into this Agreement is Article V, sections 1 and
13 of the Oregon Constitution.
IV. PROGRAM ELEMENTS
USDA, CCC, and the State agree that:
| A. |
The Oregon CREP will consist of a special
continuous sign-up CRP component and a State incentive program. The Oregon CREP will seek
to enroll up to 100,000 acres located along streams inhabited by salmonids listed under
Federal law as threatened or endangered species. The Oregon CREP is designed to restore up
to 5,000 acres of cropped wetlands which are either hydrologically connected to these
streams or located in coastal estuaries as depicted as Exhibit 1. At least 25 percent of
the 5,000 acres of wetlands shall be wetlands located in coastal estuaries. |
| B. |
The eligible practices for the Oregon CREP will
be: |
|
CP21 (filter strip) |
|
CP22 (riparian buffer strip) |
|
CP23 (wetland restoration) |
|
In addition, a riparian herbaceous buffer
practice, may be used if approved for this use by the USDA’s Farm Service Agency. In
determining CCC’s share of the cost of practice establishment, CCC shall use the
appropriate CRP procedures. All approved conservation plans shall be consistent with
applicable CRP statutes and regulations, as well as specifications outlined in the
applicable Natural Resources Conservation Service Field Office Technical Guide. The
maximum width of the riparian buffer may exceed 150 feet to accommodate particular
resource objectives on a site-specific basis, as determined by the Natural Resources
Conservation Service. Modifications to the Field Office Technical Guides adopted
subsequent to the date of this Agreement will be implemented as appropriate to achieve the
overall purposes of this Agreement in a cost-effective manner.
The filter strip practice (CP 21) shall only be used on cropland where analysis of
available records (historical accounts and photos, etc.) indicates that no trees or
shrubs, including willow (Salix spp.), have existed on the site in historic times |
| C. |
The term for continuous sign-up CRP contracts
for acres enrolled in this CREP must be a minimum of 10 years but may not exceed a maximum
of 15 years. |
| D. |
Eligible producers will not be denied the
opportunity to offer eligible acreage for enrollment during general or other continuous
CRP enrollment periods. |
| E. |
CRP contracts executed under this Agreement will
be administered in accordance with, and subject to, the CRP regulations at 7 CFR part
1410, and the provisions of this Agreement. In the event of a conflict, the CRP
regulations will be controlling. |
| F. |
The Deputy Administrator for Farm Programs, Farm
Service Agency, is delegated authority to carry out this Agreement, and with the Governor
of Oregon or his designee, may further amend this Agreement consistent with the provisions
of the 1985 Act and the regulations at 7 CFR part 1410. The provisions of this Agreement
may only be modified by written agreement between the parties. |
| G. |
This Agreement shall remain in force and effect
until terminated by USDA, CCC or the State. This Agreement may be terminated by either
party upon written notice. Such termination will not alter responsibilities regarding
existing contractual obligations under the CREP between participants and USDA or CCC, or
between participants and the State. |
| H. |
No lands may be enrolled under this program
until the USDA’s Deputy Administrator for Farm Programs, in consultation with
USDA’s Natural Resource Conservation Service, concurs with a detailed Oregon
Amendment to 2-CRP which will provide a description of this program and applicable
practices. |
V. FEDERAL COMMITMENTS
USDA and CCC agree to:
| A. |
Cost share with producers for 50
percent of the eligible reimbursable costs of all approved conservation practices. For
wetland restoration, CCC will pay an additional incentive payment equal to 25 percent of
the cost of restoration. This additional incentive payment shall be in addition to those
provided elsewhere in this paragraph (V.). |
| B. |
Make an annual rental payment for
each eligible enrolled acre. The rental rate for non-irrigated land will be calculated as
provided for in the existing CRP manual. Rental rates for irrigated land will be
established by the Deputy Administrator for Farm Programs on a watershed basis using
existing data, but CCC will pay the irrigated rental rate, as so established for irrigated
land, only if the producer agrees to enter into an agreement with the State, which is
acceptable to CCC, to lease the surface water allocated to those lands to the State for
instream flow purposes; otherwise, non-irrigated rental rates will apply. |
| C. |
Make an additional annual incentive
payment, as a percentage of the base CRP contract annual rental rate otherwise applicable
to the land to be enrolled in the CREP (as calculated under paragraph V.B. without regard
to other incentives or payments), in the following amounts: |
|
(1) |
for land to be established as riparian buffers or herbaceous riparian
buffers (if approved), 35 percent; |
|
(2) |
for land to be established as filter strips, 25 percent; and |
|
(3) |
for restoration of wetlands, 50 percent. |
| D. |
Make a cumulative impact incentive
payment based on enrollment along a particular stream segment in any case where a total of
at least 50 percent of the streambank within a 5 mile stream segment is enrolled in the
CRP under this CREP. Individuals eligible for this payment will be participant(s) in the
CREP along that stream segment. The payment shall be a one-time incentive payment and
equal four times the applicable base annual rental rate for each acre enrolled (as
calculated under paragraph V.B. without regard to other incentives or payments).
Landowners will be eligible for this incentive through the end of calendar year 2001. |
| E. |
Make an annual
"maintenance" incentive payment for each enrolled acre in the same manner as
with other CRP contracts. |
| F. |
Administer contracts for lands
approved under the CREP. |
| G. |
Develop conservation plans for
treatment of a unit of land or water to address identified natural resource problems by
devoting eligible land to permanent vegetative cover or other comparable practices, and
review conservation plans developed by others for applicants offering to enroll eligible
acreage in the CREP. |
| H. |
Conduct annual compliance reviews
according to Farm Service Agency Handbook 2-CRP to ensure compliance with the CRP
contract. |
| I. |
Provide information to landowners
concerning the Oregon CREP program and technical assistance for the CREP program in
general. |
| J. |
Permit successors-in-interest to
enroll under CREP in the same manner as allowed for other CRP contracts. |
| K. |
Share appropriate data, in accord
with procedures and restrictions and exemptions established under the Freedom of
Information Act, federal privacy laws and other applicable laws, with the State to
facilitate State monitoring efforts. |
VI. STATE COMMITMENTS
The State will:
| A. |
Contribute not less than 20 percent
of the overall annual program costs. |
| B. |
Be responsible for: |
|
(1) |
making direct cost share payments to approved participants of 25 percent
of the eligible reimbursable costs for conservation practices established under this CREP; |
|
(2) |
paying all costs associated with the annual monitoring program; |
|
(3) |
providing technical assistance in the development of conservation plans,
including installation of forested riparian buffers; and |
|
(4) |
provide conservation planning assistance for the entire farm to enrolled
producers on a voluntary basis. |
| C. |
Establish an Enhancement Program
Steering Committee, which will include representatives from the State Technical Committee,
National Marine Fisheries Service, U.S. Fish and Wildlife Service, Oregon Department of
Agriculture, Oregon Department of Forestry, Oregon Department of Fish and Wildlife,
Extension Service, agriculture groups, conservation groups, local governments, American
Indian Tribes, and watershed councils. This group will advise the Governor’s
Watershed Enhancement Board on the implementation of the CREP. |
| D. |
Seek applicants willing to offer
eligible and appropriate land for enrollment in the CREP. |
| E. |
Facilitate the provision of
technical assistance from the local soil and water conservation districts, watershed
councils, and other cooperators to develop conservation plans, in cooperation with the
Natural Resource Conservation Service and Oregon Department of Forestry, for applicants
offering to enroll eligible acreage in the CREP. |
| F. |
Implement a broad campaign for
continuous public information and education regarding the CREP. |
| G. |
Ensure that the CREP is coordinated
with other agricultural and natural resource conservation programs at the State and
Federal level. |
| H. |
Within 90 days of the end of each
Federal fiscal year, the Governor’s Watershed Enhancement Board shall provide a
report to FSA summarizing the status of enrollments under this CREP and progress on
fulfilling the other commitments of this program. The annual report to FSA shall include:
level of program participation; the results of the annual monitoring program; a summary of
non-federal CREP program expenditures; and, recommendations to improve the program. The
report shall include a comparison of salmon and trout habitat characteristics and
population trends in streams where there is significant enrollment in this program with
similar streams where program participation is not significant. |
| I. |
Within 90 days of the end of the
Federal fiscal year, State will submit information summarizing its overall costs for the
program. In the event that the State has not obligated 20 percent of the overall costs for
a relevant Federal fiscal year, the State will fulfill its obligations within 90 days by
paying the shortfall to CCC, or by providing some other mutually agreed-upon remedy. |
| J. |
In any case in which USDA executes a
CRP contract with a producer at the irrigated land rate, the State shall enter into a
lease with that producer for the quantity of water which had been applied to that land and
shall allocate that water for instream flow use. The State shall monitor compliance with
its lease and notify USDA in writing of any violations of the lease. |
| K. |
Seek the approval of this agreement
by such independent boards or bodies within the State as may be necessary or appropriate
to maximize the accomplishment of the objectives of this agreement and notify USDA of the
results of the requests for such approval. |
VII MISCELLANEOUS PROVISIONS
| A. |
All commitments by USDA and the State are subject to the availability of
funds. In particular, the State’s commitments are subject to Article XI, section 7 of
the Oregon Constitution, which limits the State’s ability to incur debts or
obligations. In the event either party is subject to a funding limitation, it will notify
the other party expeditiously and any necessary modifications will be made to this
Agreement. |
| B. |
All CRP contracts under this CREP shall be subject to all limitations set
forth in the regulations at 7 CFR Part 1410, including, but not limited to, such matters
as economic use, transferability, violations and contract modifications. Agreements
between owners or operators and the State may impose additional conditions not in conflict
with those under the CRP regulations, but only if approved by CCC. |
| C. |
Neither the State nor USDA shall assign or transfer any rights or
obligations under this Agreement without the prior written approval of the other party. |
| D. |
The State and USDA agree that each party will be responsible for its own
acts and results to the extent authorized by law and shall not be responsible for the acts
of any others and the results thereof. |
IT IS SO AGREED:
FOR THE U.S. DEPARTMENT OF AGRICULTURE AND THE COMMODITY CREDIT CORPORATION
_______________________________
10/17/1998
DAN GLICKMAN
Date
Secretary
U.S. Department of Agriculture and
Chairman of the Board
Commodity Credit Corporation
FOR THE STATE OF OREGON
_______________________________
10/17/1998
JOHN A. KITZHABER, M.D.
Date
Governor
State of Oregon |