AGREEMENT
BETWEEN
THE U.S. DEPARTMENT OF AGRICULTURE
COMMODITY CREDIT CORPORATION
AND
THE STATE OF WASHINGTON
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 Washington (State) to implement a
Conservation Reserve Enhancement Program (CREP) to assist in the recovery of salmon
species that have been listed as threatened or endangered species under the federal
Endangered Species Act.
II. GENERAL PROVISIONS
A number of salmonid species native to Washington 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 Washington. This Agreement for this Washington CREP is designed to help alleviate some
of these problems.
It is the intent of USDA, CCC and the State of Washington 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 meet State ambient water
quality standards 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 Washingtons water
quality laws. |
6. |
Provision of adequate riparian buffers on 2,700 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 Washington. 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 Washington to enter into this Agreement is RCW 43.06.120, Laws of
Washington.
IV. PROGRAM ELEMENTS
USDA, CCC, and Washington agree that:
A. |
The Washington CREP will consist of a special continuous sign-up CRP
component and a State of Washington incentive program. The Washington CREP will seek to
enroll up to 100,000 acres located along streams used for spawning by salmonids that were
identified in the 1993 Salmon and Steelhead Status Inventory Report prepared by the
Washington Department of Fish and Wildlife as being in critical or depressed status. These
streams are identified on Exhibit 1. |
B. |
The Riparian Buffer (practice code CP22) is the only CRP practice
authorized under this Agreement.
In determining CCCs 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.
Modifications to these 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. |
C. |
The 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 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 Washington 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 Washington. 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 Washington. |
H. |
No lands may be enrolled under this program until the USDAs Deputy
Administrator for Farm Programs, in consultation with USDAs Natural Resource
Conservation Service, concurs with a detailed Washington Amendment to 2-CRP which will
provide a thorough 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. |
B. |
Make an annual rental payment for
each eligible enrolled acre. The rental rate in all cases shall be the rate for
non-irrigated land and will be calculated as provided for in the existing CRP manual. |
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 incentive payments), in the following amounts: |
|
(1) |
for land to be established as riparian buffers,
50 percent; and |
|
(2) |
for lands protected under the Growth Management
Act (RCW 75.090) as agricultural lands of State significance, 10 percent. |
D. |
Make an annual
"maintenance" incentive payment for each enrolled acre in the same manner as
with other CRP contracts. |
E. |
Administer contracts for lands
approved under the CREP. |
F. |
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. |
G. |
Conduct annual compliance reviews
according to Farm Service Agency Handbook 2-CRP to ensure compliance with the CRP
contract. |
H. |
Provide information to landowners
concerning Washingtons CREP program and technical assistance for the CREP program in
general. |
I. |
Permit successors-in-interest to
enroll under CREP in the same manner as allowed for under any other CRP contract. |
J. |
Share appropriate data, in accord
with procedures and restrictions and exemptions established under the federal Freedom of
Information Act, federal privacy laws and other applicable laws, with the State of
Washington to facilitate State monitoring efforts. |
VI. STATE COMMITMENTS
Washington 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 37.5 percent
of the eligible reimbursable costs for all 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; |
|
(4) |
providing conservation planning assistance for the entire farm to enrolled
producers on a voluntary basis; and |
|
(5) |
providing grant funds for removal of fish barriers and installation of
other salmonid habitat restoration practices. |
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, Washington Department
of Agriculture, Washington Department of Natural Resources, Washington Department of Fish
and Wildlife, Extension Service, agriculture groups, conservation groups, local
governments and Tribal government. This group will advise the Governors Joint
Natural Resources Cabinet 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 conservation districts, and other cooperators to
develop conservation plans, in cooperation with the Natural Resource Conservation Service
and Washington State Conservation Commission 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 Conservation Commission 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 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. |
VII MISCELLANEOUS PROVISIONS
A. |
All commitments by USDA and the State are subject to the availability of
funds. 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
_______________________________
10/19/1998
DAN GLICKMAN
Date
Secretary
U.S. Department of Agriculture and
Chairman of the Board
Commodity Credit Corporation
FOR THE STATE OF WASHINGTON
_______________________________
10/19/1998
GARY LOCKE
Date
Governor
State of Washington |