Full Announcement_USDA-NRCS-NHQ-RCPPC-21-NOFO0001033.pdf

Regional Conservation Partnership Program

Fiscal Year (FY) 2020 and 2021 Regional Conservation Partnership Program National Funding Opportunity (NFO)

No. USDA-NRCS-NHQ-RCPPC-21-NOFO0001033 Date Issued: August 6, 2020

Summary Information

Federal Awarding Agency Name: U.S. Department of Agriculture Natural Resources Conservation Service (NRCS), Commodity Credit Corporation (CCC)

Funding Opportunity Title: Announcement for Program Funding for NRCS’s Regional Conservation Partnership Program (RCPP) for Federal Fiscal Years (FYs) 2020 and 2021.

Funding Opportunity Number: USDA-NRCS-NHQ-RCPPC-21-NOFO0001033

Catalog of Federal Domestic Assistance Number: 10.932, Regional Conservation Partnership Program

DUE DATE: Proposals must be received by NRCS by 11:59 p.m. Eastern Time on November 4, 2020.

NOTE: The RCPP Alternative Funding Arrangement (AFA) provision is implemented through a separate funding announcement. Information on the FY 2021 AFA competition will be announced in late 2020.

EXECUTIVE SUMMARY:

The Regional Conservation Partnership Program (RCPP) promotes coordination of NRCS conservation activities with partners that offer value-added contributions to expand our collective ability to address on-farm, watershed, and regional natural resource concerns. Through RCPP, NRCS seeks to co-invest with partners to implement projects that demonstrate innovative solutions to conservation challenges and provide measurable improvements and outcomes tied to the resource concerns they seek to address.

Using guidance contained in this notice, potential RCPP partners propose projects that generate conservation benefits by addressing specific natural resource objectives in a State/multistate area or address one or more priority resource concerns within an NRCS-designated critical conservation area (CCA). NRCS and partners collaborate to design, promote, and implement RCPP projects on agricultural and nonindustrial private forest land. Through RCPP, NRCS may provide both financial and technical assistance funds to project partners and agricultural producers to carry out projects. RCPP proposals are evaluated through a competitive proposal process based on four criteria: impact, partner contributions, innovation, and partnership and management.

This funding announcement combines RCPP funding for FYs 2020 and 2021 and applies only to this competition. The forthcoming publication of the RCPP final rule may include program changes.

Up to $360 million is available for RCPP projects through this announcement. Proposals are accepted from all 50 States, the Caribbean Area (Puerto Rico and U.S. Virgin Islands), and U.S. territories in the Pacific Island Areas (Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands).

SUBMISSIONS: Proposals must be submitted through the RCPP portal. See section VIII of this announcement for information on using the RCPP portal to submit proposals. Registration with USDA’s eAuthentication system is required to access the RCPP portal. Time-sensitive information on registering for eAuthentication access is included in section VIII of this notice.

FOR MORE INFORMATION: Applicants are encouraged to contact the appropriate RCPP State Coordinator(s) with questions. You can find the names of RCPP Coordinators (as of August 6, 2020) in appendix II of this announcement.

Interested applicants are encouraged to attend information sessions during the proposal open period. A webinar with general program information for RCPP applicants is scheduled for 3 p.m. Eastern Time on August 27, 2020. Information on how to participate in the webinar will be posted on the NRCS RCPP website at https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/financial/rcpp/.

https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/financial/rcpp/

A second webinar that specifically addresses how to submit an RCPP proposal through the RCPP portal is scheduled for 3 p.m. Eastern Time on September 10, 2020. Details on this webinar will be posted on the NRCS RCPP website at https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/financial/rcpp/.

Table of Contents

EXECUTIVE SUMMARY:

SUPPLEMENTARY INFORMATION

I. FUNDING OPPORTUNITY DESCRIPTION

A. Legislative Authority B. Delivering Assistance Through Partnerships C. Vision and Goals of the Program D. Overview of the RCPP Proposal Process E. Final Rule

II. FUNDING AVAILABILITY

A. Fund Pools and Priority Resource Concerns B. Adjusted Gross Income Waivers C. Interim Practice Standards

III. ELIGIBILITY INFORMATION

A. Lead Partners B. Contributing Partners C. Producers and Landowners D. Land Eligibility E. Eligible Activities F. Historically Underserved Producers

IV. RCPP Project Funding A. NRCS Technical Assistance, Partner Contributions, and Partner Technical Assistance

V. RCPP PROPOSAL REQUIREMENTS

A. Format and Instructions B. Proposal Content

VI. PROPOSAL REVIEW CRITERIA

A. Proposal Evaluation Process B. Environmental Review Requirements

VII. PROJECT INFORMATION AND ADMINISTRATION

A. RCPP Programmatic Partnership Agreements B. Reporting and Reimbursement Requirements C. Notifications D. Withdrawal of Proposals

VIII. SUBMISSION INFORMATION

IX. AGENCY CONTACTS

Appendix I – RCPP Agreements, Contracts and Conservation Activities RCPP Funding Overview Producer Contracts and Supplemental Agreements Land Improvement/Land Management/Restoration Activities Land Rental Activities RCPP Conservation Easements U.S.-Held Conservation Easements Entity-Held Conservation Easements Public Works/Watersheds

Appendix II—State RCPP Coordinators (list current as of August 6, 2020)

SUPPLEMENTARY INFORMATION

I. FUNDING OPPORTUNITY DESCRIPTION

A. Legislative Authority The Regional Conservation Partnership Program (RCPP) is authorized by Subtitle I of Title XII of the Food Security Act of 1985 (the 1985 Act), as amended by Sections 2701 through 2707 of the Agriculture Improvement Act of 2018. The Secretary of Agriculture has delegated the authority to administer RCPP to the Chief of the Natural Resources Conservation Service (NRCS). NRCS is an agency of the U.S. Department of Agriculture (USDA).

B. Delivering Assistance Through Partnerships RCPP requires coordination between NRCS and its partners to deliver conservation assistance to producers, landowners, and communities. After announcing RCPP project selections, NRCS negotiates an RCPP programmatic partnership agreement (PPA) for each project with the lead partner before entering into program contracts, easements, or other awards with producers and landowners.

RCPP applicants must work closely with NRCS throughout the proposal and implementation process, through appropriate NRCS State office(s) and designated RCPP State coordinator(s) to—

1. Determine if proposed projects align with RCPP’s goals and policies;

2. Develop and submit a project proposal using the guidance in this notice; and

3. If a proposal is selected to become a project, develop a PPA and implement the project.

C. Vision and Goals of the Program RCPP is an innovative program that has as its critical feature a co-investment approach through which NRCS and partners collaborate to implement natural resource conservation activities. Following are four key principles of RCPP:

1. Impact—RCPP proposals must propose effective and compelling solutions that address one or more natural resource priorities to help solve natural resource challenges.

Partners are responsible for evaluating a project’s impact and results.

2. Partner Contributions—Partners are responsible for identifying any combination of cash and in-kind value-added contributions to leverage NRCS’s RCPP investments. It is NRCS’s goal that partner contributions at least equal the NRCS investment in an RCPP project. Substantive and sizable partner contributions are given priority consideration as part of the RCPP proposal evaluation criteria.

3. Innovation—NRCS seeks projects that integrate multiple conservation approaches, implement innovative conservation approaches or technologies, build new partnerships, or effectively take advantage of program flexibilities to deliver conservation solutions.

4. Partnerships and Management—Partners must have experience, expertise, and capacity to manage the partnership and project, provide outreach to producers, and quantify the environmental (and when possible, economic and social) outcomes of an RCPP project.

RCPP ranking criteria give priority consideration to applicants that meaningfully engage historically underserved farmers and ranchers.

Successful RCPP applicants bring an array of financial and technical capabilities to projects, demonstrate experience working effectively and collaboratively with agricultural producers and landowners across the landscape, and propose innovative, sustainable, and measurable approaches to achieving compelling conservation outcomes.

D. Overview of the RCPP Proposal Process Applicants submit a full project proposal following the guidance in section V of this funding announcement. The RCPP proposal evaluation process is detailed in section VI.

Applicants with an existing RCPP project may compete for a new project related to an existing project (e.g., to work with additional producers and landowners or to expand into a new geographic area, or to add new resource concerns/conservation benefits, etc.) or unrelated to an existing project. When considering proposal related to an existing RCPP project, NRCS considers previous performance and project outcomes as part of the evaluation criteria.

Existing RCPP partners with expiring projects may also request a noncompetitive project renewal through a separate process. A partner selected for a noncompetitive renewal will not be selected for funding for a substantively similar project through this competitive announcement.

E. Final Rule The 2018 Farm Bill requires NRCS to develop a regulation for RCPP. The Agency published an interim final rule in March 2020 and solicited public comment. Publication of the final rule in the Federal Register is scheduled for late 2020. This announcement of program funding applies only to funds made available for FYs 2020 and 2021. The forthcoming final rule may include program changes.

II. FUNDING AVAILABILITY

Up to $360 million is available for RCPP projects through this funding announcement. Fifty percent of RCPP funding is dedicated to NRCS-designated critical conservation area (CCA) projects and 50 percent to projects in the State/multistate category. The FY 2021 RCPP Alternative Funding Arrangement (AFA) competition will be implemented through a separate funding announcement.

The maximum RCPP funding available for any project (combined financial and technical assistance) selected under this announcement is $10 million. The minimum funding amount for an RCPP project is $250,000.

RCPP funds, at the time of PPA execution, are committed by NRCS for the duration of the project, generally not to exceed 5 years from the date of PPA execution. Partners may request a PPA term of longer than 5 years in exceptional circumstances (see section V). RCPP funds are committed for specific purposes based on proposed activities (e.g., land management/restoration, rental, easements, public works/watershed structures) and subsequently obligated through contracts with agricultural producers and supplemental agreements with eligible partners. For all RCPP PPAs, a single one-year, no-cost extension is available at the discretion of NRCS.

RCPP funding may not be expended until a PPA is fully executed.

A. Fund Pools and Priority Resource Concerns RCPP applicants must identify in their proposals whether they are applying to the CCA or State/multistate fund pool.

CCA Pool—There are eight CCAs that represent landscapes with common resource concerns.

For each CCA, NRCS has identified priority resource concerns. CCA proposals must address at least one of the relevant CCA’s priority resource concerns. CCAs and associated priority resource concerns for the FY 2020/2021 RCPP competition are:

RCPP Critical Conservation Areas Priority Resource Concerns

Great Lakes Region (IL, IN, MI, MN, NY, PA, OH, WI)

• Water quality degradation

• Inadequate habitat for fish, wildlife, and invertebrates

Chesapeake Bay Watershed (DE, MD, NY, PA, VA, WV)

• Water quality degradation

• Inadequate habitat for fish, wildlife, and invertebrates

Mississippi River Basin (AR, KY, IA, IL, IN, LA, MN, MO, MS, OH, SD, TN, WI)

• Water quality degradation

• Inadequate habitat for fish, wildlife, and invertebrates

• Excess/insufficient water/drought

Longleaf Pine Range (AL, FL, GA, LA, MS, NC, SC, TX, VA)

• Inadequate habitat for fish, wildlife, and invertebrates

• Degraded plant condition

• Water quality degradation

Western Waters (ID, OR, WA, CA) • Excess/insufficient water/drought

• Water quality degradation

• Inadequate habitat for fish, wildlife, and invertebrates

Northeast Forests and Waters (CT, MA, ME, NH, NY, RI, VT)

• Water quality degradation

• Inadequate habitat for fish, wildlife, and invertebrates

• Degraded plant condition

Prairie Grasslands Region (CO, KS, IA, MO, MN, MT, ND, NE, NM, OK, SD, TX, WY)

• Inadequate habitat for fish, wildlife, and invertebrates

• Degraded plant condition

• Excess/insufficient water/drought

Colorado River Basin (AZ, CA, CO, NM, NV, UT, WY)

• Excess/insufficient water/drought

• Water quality degradation

• Soil quality degradation

• Inadequate habitat for fish, wildlife, and invertebrates

CCA projects must take place wholly within a CCA (counties traversed by a CCA border are considered within the CCA boundary). For more information about CCAs, including the maps of CCA boundaries, visit the RCPP website (https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/programs/financial/rcpp/)

State/multistate Pool—Proposals in the State/multistate category must be carried out either within a single State or in multiple States. For multistate projects, priority consideration is given to proposals identifying a manageable number of States.

B. Adjusted Gross Income Waivers The RCPP statute explicitly states that the 2018 Farm Bill’s adjusted gross income (AGI) limitation does not apply to RCPP partners. AGI does apply, however, to producers and landowners participating in RCPP projects. During agreement negotiations following the announcement of awards, a lead partner may request to waive the applicability of AGI for the entire RCPP project. A producer or landowner who is participating under a project-level applicability waiver would not need to obtain an individual AGI determination.

If the RCPP lead partner does not request or receive a project-level waiver of the applicability of AGI, a participating producer may seek a waiver of the AGI limitation upon receiving an AGI determination. An individual producer waiver may be granted if it would result in the protection of environmentally sensitive land of special significance.

C. Interim Practice Standards NRCS conservation practice standards form the environmental and scientific basis for the majority of NRCS land improvement and land management activities. Applicants are encouraged to work with the appropriate NRCS State RCPP coordinator(s) to identify existing NRCS conservation practices (and other eligible activities) best suited for addressing priority resource concerns and generating conservation benefits associated with an RCPP project.

In instances where approved conservation practice standards are not available or currently suitable to support proposed work, section 1242 of the 2018 Farm Bill allows for the establishment of interim conservation practice standards to address local- or State-specific needs and considerations. RCPP partners may avail themselves of this provision.

Development and establishment of interim conservation practice standards requires deliberate consideration and National Environmental Policy Act (NEPA) analysis, therefore partners are strongly encouraged to identify the need for any interim conservation practice standards during the proposal process or during PPA negotiations. Requests to establish an interim practice standard during project implementation may be considered, but potential for inclusion in RCPP projects and contracts may be hampered by interim practice standard development timeframes.

III. ELIGIBILITY INFORMATION

A. Lead Partners The lead partner for an RCPP project is the entity that submits a project proposal, and if selected for an award, negotiates and executes an RCPP PPA with NRCS. The lead partner is ultimately responsible for ensuring completion of project deliverables, delivering all partner contributions, and assessing project outcomes. Lead partner entities must qualify as one of the following:

• An agricultural or silvicultural producer association or other group of producers.

• A State or unit of local government.

• An Indian Tribe.

• A farmer cooperative.

• A water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to agricultural producers.

• A municipal water or wastewater treatment entity.

• An institution of higher education.

• An organization or entity with an established history of working cooperatively with producers on agricultural land, as determined by NRCS, to address— o Local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or o Critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues.

• An entity, such as an Indian Tribe, State government, local government, or a nongovernmental organization that has a farmland or grassland protection program that purchases agricultural land easements, as defined in 7 CFR Section 1468.3.

• A conservation district.

B. Contributing Partners In addition to any contributions coming from the lead partner, RCPP projects may include direct or in-kind contributions from other entities, known as “contributing partners.”

Contributing partners may be an eligible partner (i.e., entities described in the list above) and may also be a third-party individual or organization (even a non-USDA Federal agency) that would not qualify as an eligible party by the statutory definition. Note, however, that the lead partner is ultimately responsible for delivery of all partner contributions.

C. Producers and Landowners Agricultural producers or private landowners receiving funding as part of RCPP projects must—

(1) Provide a tax identification number. Where applicable, American Indians, Alaska Natives, and Pacific Islanders may use another unique identification number for each individual eligible for payment;

(2) Where applicable, provide the percent interest share in a payment consistent with operation or ownership shares;

(3) Comply with the highly erodible land (HEL) and wetland conservation (WC) provisions of the Farm Bill; and

(4) Comply with the Farm Bill’s AGI provision or receive a waiver as described in section II.B of this announcement.

Qualified partners awarded supplemental agreements to implement entity-held easements or public works activities are not subject to the Farm Bill’s HEL, WC, and AGI requirements.

Any landowners or producers receiving a payment under these agreements (for an entity-held easement, for example) are subject to the requirements.

Once NRCS selects a project and executes an RCPP PPA with a lead partner, eligible producers or landowners may participate in an RCPP project in one of two ways. First, they may engage with RCPP project partners and delegate a project partner to act as their representative in working with NRCS. Second, eligible producers or landowners seeking to carry out eligible activities consistent with an RCPP project in the project’s geographic area may apply directly to NRCS. NRCS may give priority ranking consideration to “bundled applications” submitted by an RCPP partner. Bundled applications refer to one or more producer or landowner applications (for contracts or easements) that the lead partner presents to NRCS for priority consideration as part of an RCPP project.

Any “cost-share” that is provided by a producer or landowner associated with implementation of an RCPP contract (such as land management activities or landowner donations associated with U.S.-held easements) cannot be counted as partner contribution.

D. Land Eligibility RCPP projects must be carried out on agricultural or nonindustrial private forest land or on associated land on which NRCS determines an eligible activity would help achieve conservation benefits. Generally, eligible land must be shown in Farm Service Agency records as private or Tribal and be used for agricultural or forestry purposes.

Forest land eligibility does not encompass industrial forest lands that are owned by companies, organizations, and individuals who engage in commercially oriented forest management and production activities.

“Associated land” is defined as land associated with farms and ranches that is not purposefully managed for food, forage, or fiber and is typically associated with nearby production and/or conservation lands. This could include incidental areas such as: idle center pivot corners, odd areas, ditches and watercourses, riparian areas, field edges, seasonal and permanent wetlands, and other similar areas.

Below are the two limited circumstances in which public lands may be eligible to be part of an RCPP project:

• A watershed/public works structure is constructed on public lands but the benefits (e.g., flood control, water supply) accrue to private agricultural lands.

• A producer who has demonstrated control of a patchwork of private and public lands seeks to apply a land management activity across the full acreage of the operation.

RCPP funding cannot be used to place conservation easements on land already protected by virtue of being owned by a land trust or other entity that is required by statute or organizational intent to protect land from development, with the exception of lands that are a part of a buy-protect-sell transaction.

When atypical land eligibility scenarios are proposed, NRCS may consider information provided by a lead partner in determining eligibility. Land eligibility is discussed in more detail in the RCPP Interim Final Rule at 7 CFR Part 1464.

E. Eligible Activities The RCPP statute includes several USDA programs, referred to as “covered programs” that NRCS uses as a guide for determining eligible RCPP activities. These covered programs are—

• Environmental Quality Incentives Program (EQIP)

• Conservation Stewardship Program (CSP) (excluding the Grassland Conservation

Initiative authority)

• Agricultural Conservation Easement Program (ACEP)

• Healthy Forest Reserve Program (HFRP)

• Public Law 83-566 Watershed Program (excluding the Watershed Rehabilitation authority)

• Conservation Reserve Program (CRP)

In accordance with this list of covered programs, a diversity of conservation activities are eligible for inclusion in RCPP projects. As detailed in appendix I, RCPP conservation activities are implemented through individual RCPP contracts with eligible agricultural producers or private landowners, and through RCPP supplemental agreements with eligible partners. These contracts and agreements provide funding to carry out eligible activities similar to those authorized under one or more covered programs. Proposals may propose that partner contributions be used to fund the same types of conservation activities that could otherwise be funded by NRCS.

Proposals must explicitly request funding for at least one of the following eligible activity types, which correspond to eligible RCPP activities:

• Land management

• Land rental

• Entity-held easements

• U.S.-held easements

• Public works/watersheds

A single RCPP project proposal may propose any combination of these eligible activity types be included as part of an RCPP project. For example, an eligible partner could propose to improve wildlife habitat in a given geographic area by engaging producers to carry out land management activities, restore habitat, and place perpetual easements on agricultural lands.

Eligible producer(s) would carry out the land management and habitat restoration activities through RCPP land management contracts, while entity-held or U.S.-held conservation easements would be purchased from the eligible landowner(s) through a separate award(s).

Though RCPP activities use the covered programs as guides, the individual RCPP contracts and agreements entered into under an approved RCPP partnership agreement generally provide producers and landowners greater flexibilities than are available under the covered programs. RCPP partnership agreements focus on addressing RCPP project resource concerns and are not strictly bound by the regulations and eligibility criteria of the covered programs.

This flexibility allows for innovation, streamlining of project implementation, and facilitation of project success within a controlled template-based system designed to ensure NRCS can maintain financial and environmental integrity. Applicants should carefully read appendix I of this announcement for additional information on eligible RCPP activity types, including participant eligibility, contract and agreement purposes, and contract and agreement expectations and responsibilities.

F. Historically Underserved Producers NRCS gives priority consideration to RCPP proposals that propose to meaningfully and measurably engage and benefit historically underserved farmers, ranchers, and landowners.

Historically underserved producers may be eligible for special incentives to encourage their participation in RCPP projects. The definition of historically underserved includes beginning, limited resource, socially disadvantaged, and veteran producers. The definitions for these terms are at https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/people/outreach/slbfr/.

The narrative question section of the proposal in the RCPP portal provides an opportunity for applicants to explain how their project will substantively engage and benefit historically underserved producers.

IV. RCPP Project Funding

RCPP funding provided by NRCS is divided into two categories—financial assistance (FA) and technical assistance (TA). Each RCPP PPA will receive a commitment of funding as follows:

• At least 70 percent FA—These funds are held by NRCS and provided directly to producers/eligible entities to implement eligible RCPP activities.

• Up to 30 percent TA—These funds may be retained by NRCS or split between NRCS and partners to support implementation (e.g., conservation planning, practice design, easement survey, and appraisal and closing expenses) of the RCPP project.

All proposal budgets submitted by partners must be consistent with this funding breakdown.

A. NRCS Technical Assistance, Partner Contributions, and Partner Technical Assistance

RCPP project funding is comprised of a combination of NRCS funding and partner contributions. It is NRCS’s goal that partner contributions be at least equal the NRCS investment in an RCPP project. Partner contributions consist of any combination of cash and in-kind support, and may complement either NRCS’s FA or TA, or both. Certain RCPP activities such as entity-held easements and public works activities have specific minimum matching fund requirements (as detailed in appendix I) which may count as partner contributions if they meet requirements detailed in this announcement.

NRCS strongly recommends that partners propose value-added contributions that enhance the overall impact and efficacy of an RCPP project. The magnitude and significance of partner contributions factors into the project evaluation criteria listed in section VI. NRCS may https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/people/outreach/slbfr/ approve proportional reductions in proposed contributions if a project is funded at less than the proposed amount.

Funding from non-USDA Federal agencies may be counted as partner contribution, provided such funding is: 1) expended during the life of the RCPP project, 2) expended within the project’s geographic boundary and, 3) is expended in support of the project’s goals and objectives.

The table below lists typical TA activities by category. Categories include potential partner contributions, implementation TA, and enhancement TA. The TA categories are described below the table.

The table is intended to—

• Provide applicants with a list of required and potential NRCS TA responsibilities (i.e., roles NRCS will fulfill).

• Provide applicants with a list of potential value-added TA activities, which includes activities potentially eligible for NRCS reimbursement and those that could be counted as partner contributions.

• Outline the relationship between NRCS and partner activities.

NRCS TA Responsibilities* Potential Partner Contributions (C), Implementation TA (I), Enhancement TA (E)*

Develop and manage RCPP agreements with partners (required)

Develop and manage RCPP agreements with NRCS (C, E)

Agency RCPP outreach and education (required)

Other RCPP project-related outreach and education, including inventories, analyses, and tools needed to inform outreach (C,E)

Environmental evaluations (required) Inventories and data to support environmental evaluations (C, I)

Eligibility determinations, evaluation, and ranking of RCPP individual applications submitted under an RCPP project (e.g.

producer contract applications) (required)

Providing information or tools needed by NRCS to support agency eligibility determinations, evaluation, and ranking (C, I)

Execution and management of individual contracts or supplemental agreements under the RCPP project (required)

Develop and enter into FA contracts or agreements to implement RCPP eligible activities with non-NRCS funds (C)

TA to producers or landowners for planning directly related to installation or management of eligible conservation activities

TA to producers or landowners for planning directly related to installation or management of eligible conservation activities (C, I)

Other FA contract support services (e.g., securing and managing contracts for third-party services like engineering studies, surveys, appraisals, etc.) (some required)

Other non-inherently governmental FA contract support services (e.g., securing and managing contracts for third-party services like engineering studies, surveys, appraisals to satisfy NRCS requirements) (C, I)

Project-related communications and coordination activities

Project-related communications and coordination activities (C, E)

NRCS TA Responsibilities* Potential Partner Contributions (C), Implementation TA (I), Enhancement TA (E)*

HEL/WC compliance, AGI compliance, and RCPP eligibility determinations (required)

Development and calculation of quantifiable project outcomes (C, E)

Review and analysis of quantified outcomes provided by partners to determine if project goals and objectives are achieved

Manage leveraging of other funds related to the RCPP project goals and objectives (C)

Track and verify expenditures and partner contributions

Development of innovative conservation approaches (C, E)

Project management and partnership development to accomplish project goals (C, E)

Staff development/training/capacity building (C) Developing/maintaining connections to related conservation efforts (C) Any other project-related administrative (indirect) costs** (C) *This table is not intended to capture every possible contribution type or TA activity.

**Note that administrative (indirect) costs associated with the implementation of RCPP projects cannot be reimbursed by NRCS, by statute. Unrecovered indirect costs, however, can be counted as partner contributions, as reflected in the table.

The TA allocated for each RCPP project is generally dividable as follows:

• Implementation TA: 23 percent (percentage fixed) o Five percent (percentage fixed)—Retained by NRCS for RCPP project, contract and agreement management, and required HEL/WC, AGI eligibility, and environmental compliance activities. This is non-negotiable.

o 18 percent (percentage fixed)—Allocated for TA associated with implementation of RCPP eligible activities, including conservation planning, practice design, TA required for installation and verification, and easement support activities (e.g., title reviews, due diligence, valuation and survey reviews, and closing and monitoring responsibilities). This funding may be entirely retained by NRCS or shared among NRCS and partners based on the division of responsibilities proposed and then agreed to during negotiation of the PPA.

A feature of the RCPP PPA structure outlined in appendix I is that the identity of who will be providing TA for a project—NRCS, the lead partner, or a third party— need not be the same entity or entities identified in the proposal or at the time a PPA is executed. The structure provides flexibility for the use and obligation of TA funding by NRCS, partners or third parties throughout the life of a project.

However, as a part of their proposal, lead partners should identify the individuals or entities that are the anticipated TA providers and indicate whether changes are anticipated.

If a lead partner requests implementation TA in its proposal and the identity of the TA provider is known, the lead partner should identify the individuals or entities that will be providing the implementation services and provide evidence of their qualifications. For example, evidence of qualifications for individuals and entities identified to conduct planning may include documentation of technical service provider certification or NRCS-certified conservation planner status. The 18-percent cap on implementation TA means that individuals or entities carrying out implementation activities must do so at defensible rates accepted by NRCS.

• Enhancement TA (E): Seven percent (maximum allowed, negotiated)—Available for partner-led activities directly related to management and enhancement of an approved RCPP project. Eligible enhancement TA activities include outreach to producers and landowners, project management, environmental monitoring, communications activities, development and calculation of quantifiable project outcomes, and development of innovative conservation approaches. Applicant requests for project management and enhancement TA are subject to negotiation and verification during development of the PPA.

Only lead partners may directly receive enhancement TA funds, though lead partners may enter into contractual relationships with other partners or third parties to carry out enhancement TA activities.

If applicants do not request enhancement TA for their project, that TA funding will be folded back into program funding as determined by NRCS. Further, it is anticipated that not all items potentially eligible for enhancement TA will be funded in selected projects due to the seven-percent cap on enhancement TA funding. Partners must provide contributions for enhancement activities when the seven-percent cap is exceeded.

Lead partners must explicitly identify proposed partner-led implementation and enhancement TA activities in their proposal. All TA awards are negotiated between NRCS and partners following project selection. Enhancement TA will be reserved for partner use if a project is selected, however payment rates and performance standards will be specified and agreed to as part of PPA negotiations and may be subject to additional documentation requirements or approvals beyond those included in a selected proposal.

Consistent with the RCPP statute, expenditures for project development such as outreach activities in the project area carried out by RCPP project partners between the time of project selection announcement and PPA execution, may be counted as partner contributions if identified as such in the proposal budget and approved by NRCS after project selection.

There may be rare circumstances for which a TA percentage greater than 30 percent—or a TA percentage less than 30 percent—is justified for RCPP projects. Similarly, there may be rare circumstances in which partners would prefer flexibility in TA percentages between enhancement and implementation TA. Partners requesting any deviations from the TA amounts or allocated percentages described in this section must make their request and provide justification as part of their proposal (in the RCPP portal).

IMPORTANT: Official NRCS approval of reimbursable TA activities included in an RCPP proposal does not occur when RCPP project selections are announced. Rather, RCPP funds for implementation TA and enhancement TA deliverables included in selected RCPP proposals are later awarded through supplemental agreements (between NRCS and an eligible partner) following execution of an RCPP PPA (see appendix I for more details on RCPP PPA structure).

Note on Administrative Costs: The RCPP statute prohibits NRCS from reimbursing partners for any administrative costs. Also known as overhead or indirect costs, administrative costs are expenses such as rent and utilities, durable equipment and software acquisitions, space used by staff, copiers, phones, information technology support, and similar costs. While not reimbursable by NRCS, indirect costs may be counted as partner contributions (these are known as unrecovered indirect costs). Organizations that have an active Negotiated Indirect Cost Rate Agreement (NICRA) with the Federal Government must use the rate identified in the NICRA in determining indirect costs to be included in a proposal as contributions. Entities without a NICRA may use a 10-percent indirect cost rate. To determine the amount of administrative costs that may be counted as proposed partner contribution for RCPP, either the NICRA rate or the de minimis rate may only be charged against any partner TA contributions.

Current NICRAs must be uploaded as part of the RCPP project proposal in the RCPP portal where applicable.

V. RCPP PROPOSAL REQUIREMENTS

A. Format and Instructions RCPP proposals must be submitted through the RCPP portal by the deadline in this notice.

NRCS evaluates proposals according to the criteria in section VI of this notice.

At least 4 weeks prior to the proposal deadline, and before starting a proposal in the RCPP portal, entities interested in applying to RCPP are advised to request a meeting with the appropriate NRCS State RCPP coordinator(s). Communication with State RCPP coordinators is critical to help partners—

• Frame conservation benefits in terms of NRCS resource concerns;

• Understand RCPP eligible activities and which activities are best suited to treat

NRCS resource concerns within the project area;

• Develop their approach for measuring conservation (and potentially economic and social) outcomes of RCPP projects;

• Establish mutual understanding of program and partner capacities and rules (for both

NRCS and partner(s)). The RCPP funding model depends on close coordination and collaboration between partners and NRCS to achieve project success.

Names of State RCPP coordinators (as of 8/6/2020) are provided in appendix II of this notice.

NOTE: RCPP proposals become the property of NRCS for use in the administration of the program and will not be returned to the applicant. Proposal details will not be shared publicly, but summary data of successful proposals, such as project title, RCPP funding requested, total contribution proposed, geographic target area, and proposed project activities and benefits will be made publicly available.

B. Proposal Content RCPP proposals must adhere to the guidance below, which is consistent with the proposal entry screens of the RCPP portal. Any materials submitted but not specifically required below will not be considered in the review process.

1. Basic Project and Contact Information—Lead partners must list a primary and alternate contact to help ensure effective communication with NRCS staff. The primary contact should be the project director (i.e., the individual coordinating project activities) and the alternate contact should be the administrative contact (i.e., the individual managing administrative components of the project such as project payments, etc.).

Lead partners must select the primary (and secondary, if relevant) natural resource concern addressed by the project. For CCA projects, the primary resource concern must be a priority resource concern listed in section II of this notice.

RCPP PPAs for selected projects expire after 5 years. Applicants may request a PPA length longer or shorter than 5 years only if such a request is submitted and justified as part of a proposal. NRCS may grant such requests only in exceptional circumstances.

2. List of Project Partners—Identify the lead partner (the only party with which NRCS will execute a PPA) and all nonlead partners that are providing partner contributions or are proposed to receive RCPP implementation or enhancement TA funds. Briefly describe the role of each partner.

3. Narrative Questions—In the RCPP portal, applicants must provide answers to questions related to the evaluation criteria found in section VI of this notice. These questions require the applicant to describe the compelling conservation need for the project, the goals and objectives, the geographic focus, estimated number of participating producers/landowners, and project management capacity of the identified partners, among other items. The RCPP portal restricts answers to a set amount of characters, including spaces.

4. Project Outcomes—All RCPP lead partners are responsible for reporting on conservation outcomes (and, to the extent possible, economic and social outcomes) of their projects. A guidance document for outcomes reporting is posted on the RCPP website. All lead partners should carefully review the guidance document prior to drafting their portal proposal.

5. Deliverables and Contributions—The RCPP portal guides applicants to fill out two tables: one connects proposed project deliverables with funding requested (both FA and TA), and the other table collects partner contribution information.

In the deliverables table, applicants must request RCPP funding by project year and anticipated RCPP activity types (e.g., land management/land improvement or rental contracts U.S.-held easements, entity-held easements, public works/watershed funding), typical conservation activities, and TA category (for all TA funding). Funding requests in the project proposal are estimates; however, applicants should propose the most realistic and accurate funding levels possible. If a proposal is selected for funding, final budgets of selected projects will be negotiated during the PPA development phase, with proportional changes required if either contributions or RCPP funding amounts change.

In the partner contributions table, applicants must list the lead partner and any contributing partners providing a contribution and identify contributions as cash or in-kind. Contributions also must be listed by activity type.

6. Contribution Commitment Letters—Lead partners must provide a commitment letter from each nonlead partner or other third-party providing contributions, including cash and in-kind services. Dollar amounts entered in the RCPP Portal must match the amounts identified in the commitment letters. If any discrepancies are noted, NRCS will use the lower of the two amounts. Letters offering general support for the project will not be considered and should not be submitted through the RCPP portal.

For all projects, the lead partner (the only party with which NRCS will execute a PPA) assumes responsibility for ensuring that all contributions are delivered as included in the

PPA.

7. Project Map—Lead partners must upload a file (jpg. or pdf.) that clearly delineates the geographic scope of the project. Once a project is selected for funding, lead partners will work with an NRCS RCPP State coordinator to develop a more sophisticated project map using GIS.

8. DUNS Number—A Dun and Bradstreet Data Universal Numbering System (DUNS) number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of over 70 million businesses worldwide. All RCPP applicants must have or obtain a DUNS number and include it in their proposal.

Information on how to obtain a DUNS number can be found at http://fedgov.dnb.com/webform or by calling 1-866-705-5711. Please note that DUNS registration may take up to 14 business days to complete.

9. SAM Number—All RCPP applicants must also have or obtain a current System for Award Management (SAM) number and include it in their proposal. SAM is the official U.S. Government system that consolidated the capabilities of the Central Contractor Registration, Federal Register, Online Representations and Certification Application, and Excluded Parties List System. To register, go to https://www.sam.gov/portal/public/SAM/. SAM registration must be renewed annually.

Applicants should allow ample time to obtain or renew a SAM number.

VI. PROPOSAL REVIEW CRITERIA

Before undergoing technical review, NRCS screens proposals for completeness and partner eligibility. Proposals determined by NRCS to be substantially incomplete (i.e., cannot be properly assessed by the technical reviewers) or ineligible are eliminated from the RCPP competition. NRCS notifies lead partners of any proposals that have been removed from competition prior to the technical review.

RCPP proposals that successfully pass this initial vetting are evaluated against the following technical review criteria. It is recommended that applicants use these criteria as a guide during proposal development.

http://fedgov.dnb.com/webform https://www.sam.gov/portal/public/SAM/

• Impact (25 percent) o Does the proposal describe a compelling conservation need and clear project goals and objectives?

o Does the proposal propose to generate substantial conservation benefits, and are those benefits likely to be achieved based on proposed project methods and approaches?

o Is the project area the appropriate scale for the resource concern(s) and goals identified?

o Does the proposal describe measurable and achievable environmental project outcomes? What about economic and social outcomes?

• Partner Contributions (25 percent) o What percentage of the overall project cost will come from non-USDA partner resources?

o What is the composition of partner contributions—cash vs. in-kind?

o To what extent are partner contributions value-added and bringing unique and qualified expertise or resources to the project to enhance project outcomes (e.g., cash

vs. in-kind, FA vs. TA, TA skills and expertise)?

o Do proposed contribution deliverables, contribution commitment letters, and valuation methods demonstrate a clear and compelling relationship to project deliverables and outcomes?

o Are contribution deliverables and valuation methods clearly documented?

• Innovation (20 percent) o Does the project propose innovative methods or approaches for conservation planning, implementation, or assessment, or propose the use of promising new technologies that have a demonstrated likelihood of success?

o Does the project take advantage of the unique programmatic and implementation elements afforded by RCPP (e.g., multiple activity types, easement flexibilities, contract bundling, etc.)?

o Is this a project that is most effectively carried out through RCPP rather than other NRCS Farm Bill programs?

o Does the partner plan to target project funding to particular locations or producers/landowners based on a scientific assessment or research-based plan?

• Partnerships and Management (30 percent):

o Is the proposal supported by a robust partnership that includes a diversity of entities and organizations? Is the partnership of a size and composition required to achieve the proposed conservation benefits?

o Is the project timeline realistic, reflecting the time, tasks, and expenses needed to carry out project planning, implementation, and evaluation needs?

o Does the lead partner demonstrate experience managing similar conservation projects, executing deliverables, and successfully getting conservation on the ground?

o For multistate projects, is the number of States included in the project a reasonable number to facilitate effective project management?

o Do the partners have a history of collaboration and engagement with agricultural producers and private landowners to ensure high levels of participation? Does the proposal include a strategy for partner-led outreach and education to agricultural producers and private landowners?

o Does the proposal meaningfully encourage or include the participation of historically underserved producers and landowners, including socially disadvantaged, beginning, limited resource and veteran farmers and ranchers, or include as a partner(s) organization working with or representing such groups?

A. Proposal Evaluation Process All RCPP technical evaluations are carried out by NRCS State offices using the criteria outlined above. Multistate and CCA project evaluations are coordinated by the relevant States.

NRCS State Conservationists will consult with State Technical Committees on the RCPP review process.

NRCS leadership reviews the results of the State evaluations and makes recommendations for funding to the Chief. The Chief may consider available funding, geographic diversity, applicant diversity, and other factors in making the final project selections.

B. Environmental Review Requirements Some RCPP conservation activities may require national, State, and as necessary, local permits. All required national, State, and local permits must be acquired prior to initiation of project activities. Applicants should consider tasks and requirements associated with obtaining necessary permits when establishing a project scope and timeline. Applicants must provide appropriate documentation of any relevant permitting requirements as part of the proposal packet.