Full Announcement_USDA-NRCS-NHQ-RCPP-23-NOFO0001304.pdf

Regional Conservation Partnership Program Fiscal Year 2023 Notice of Funding Opportunity

USDA-NRCS-NHQ-RCPP-23- NOFO0001304

Issued: May 2023

USDA, its agencies, offices, and employees, and institutions participating or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family or parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted for funded by USDA (not all bases apply to all programs).

USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page i

I. 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. Administration Priorities E. Overview of the RCPP Proposal Process F. NRCS Project Oversight and Technical Assistance Responsibilities for RCPP Classic and AFAs 5 G. Final Rule

II. FUNDING AVAILABILITY

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

III. ELIGIBILITY INFORMATION

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

IV. RCPP PROJECT FUNDING

A. Financial Assistance B. Technical Assistance C. Administrative and Equipment Costs D. Partner Contributions

V. RCPP PROPOSAL REQUIREMENTS

A. Format and Instructions B. Proposal Content

VI. PROPOSAL REVIEW CRITERIA

A. Impact (40 percent for Classic, 20 percent for AFAs) B. Partner Contributions (15 percent for Classic, 20 percent for AFAs) C. Innovation (10 percent for Classic, 20 percent for AFAs) .......... Error! Bookmark not defined.

D. Partnerships and Management (35 percent for Classic, 40 for AFAs) E. Climate-Smart Agriculture through Inflation Reduction Act Funding F. Proposal Evaluation Process G. Environmental Review Requirements

VII. PROJECT INFORMATION AND ADMINISTRATION

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

VIII. SUBMISSION INFORMATION

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IX. AGENCY CONTACTS

APPENDIX I – RCPP AGREEMENTS, CONTRACTS AND CONSERVATION ACTIVITIES

RCPP Funding Overview Producer Contracts, Agreements, and Third-Party Contracts Land Management Activities Land Rental Activities RCPP Conservation Easements Conservation Easements Held by the United States Agreement of Assistance for Purchasing RCPP Conservation Easements Held by Entities Public Works and Watersheds

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II. EXECUTIVE SUMMARY

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

Funding Opportunity Title: Notice of Funding for NRCS’s Regional Conservation Partnership Program (RCPP) for Federal Fiscal Year (FY) 2023.

Funding Opportunity Number: USDA-NRCS-NHQ-RCPP-23-NOFO0001304

Federal Assistance Listing (previously referred to as the Catalog of Federal Financial Assistance): 10.932, RCPP

Due Date: Proposals must be received by NRCS by 4:59 p.m. Eastern Time on August 18, 2023.

The RCPP promotes the coordination of NRCS conservation activities with partners that contribute a significant portion of the overall costs of a project. This coordination expands our ability to address resource concerns at farm, watershed, and regional scales. Through the RCPP, NRCS coinvests with partners to implement projects that address conservation challenges and provide measurable improvements and outcomes for resource concerns.

Using guidance contained in this notice, potential RCPP partners propose projects that generate conservation benefits by addressing specific natural resource objectives in a state or 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 the RCPP, NRCS may provide both financial and technical assistance funds to project partners and producers to carry out projects. RCPP proposals are evaluated through a competitive proposal process based on three criteria: quantifiable impact, partner contributions, and partnership and management.

NRCS is actively working on improving the delivery and administration of the RCPP. Some of the improvements will be directed at areas such as simplifying and reducing the number of agreements while still complying with statutory and regulatory requirements, streamlining and reducing evaluation criteria, reducing lengthy RCPP easement transactions, improving the RCPP Portal, consistent guidance and training for employees and partners, as well as simplifying the technical assistance structure.

In FY 2023, NRCS will make a total of $500 million available for both the “Classic” component and the alternative funding arrangements (AFA). The $500 million total is funded from two separate authorizations: the Agriculture Improvement Act of 2018 (2018 Farm Bill) and the Inflation Reduction Act of 2022 (IRA). Individual RCPP projects will only receive RCPP funds from a single source, either the 2018 Farm Bill funds or the IRA funds due to the specific, measurable climate-smart targeting required in the IRA. NRCS will prioritize using IRA funds for projects that will implement climate-smart agriculture conservation activities which are targeted to assist agricultural producers and nonindustrial private forestland owners in directly improving soil carbon, reducing nitrogen losses, or reducing, capturing, avoiding, or sequestering carbon dioxide, methane, or nitrous oxide emissions, associated with agricultural production, USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page 2

Where co-benefits exist with climate mitigation goals exist, IRA funds can support projects that address water resource concerns and associated risks.

Up to 15 AFAs may be awarded through 2018 Farm Bill funding, and additional AFAs or grants may be awarded through IRA funding. There is no cap on the number of AFAs/ Grants that can be funded utilizing the IRA funding. Proposals will be accepted for projects located in 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).

Up to $50 million is being made available specifically for NRCS to enter into AFAs with Indian Tribes. Any unused funds may be available to enter into other partnership agreements.

RCPP AFAs are intended to support projects and approaches that cannot be effectively carried out through RCPP Classic. RCPP AFA applications must describe the conservation approach they are proposing. The following are examples of project types that might be implemented through RCPP AFA:

projects that use innovative approaches to leverage the Federal investment in conservation, projects that deploy a pay-for-performance conservation approach, and projects that seek large-scale infrastructure investments that generate conservation benefits for agricultural producers and nonindustrial private forest owners.

Submissions: Applicants must submit proposals through the RCPP portal, and partners must be registered with USDA’s eAuthentication system to access the portal. See section VIII of this notice for time sensitive information on registering for eAuthentication and for other details about on using the RCPP portal to submit proposals.

For More Information: Applicants are strongly encouraged to contact the appropriate RCPP coordinator for their state to discuss any questions. A list of state RCPP coordinators (as of the date of this notice’s posting) is on the RCPP website. Applicants can also email questions about this notice to the RCPP inbox at rcpp@usda.gov. The RCPP website also provides current information about the program.

Webinar: Interested applicants are encouraged to participate in webinars that provide general information about this funding announcement. Two webinars are scheduled for May 24, 2023, from 2 p.m. to 3:30 p.m. Eastern Time and June 7, 2023 from 2 p.m. to 3:30 p.m. Eastern Time.

(you may join the conference 10 minutes prior). Additional webinars may be announced as needed.

Connection information is posted on the RCPP How to Apply website -https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/how-to-apply.

https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program mailto:rcpp@usda.gov https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/how-to-apply https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/how-to-apply

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III. SUPPLEMENTARY INFORMATION

A. FUNDING OPPORTUNITY DESCRIPTION

1. Legislative Authority

The RCPP is authorized by Subtitle I of Title XII of the Food Security Act of 1985 (1985 Act), as amended by Sections 2701 through 2707 of the Agriculture Improvement Act of 2018 (2018 Farm Bill). The Secretary of Agriculture has delegated the authority to administer RCPP to the Chief of the NRCS. NRCS is an agency of USDA. NRCS has promulgated regulations for RCPP implementation at 7 CFR part 1464. All actions funded under this notice are subject to RCPP statute and regulations. Funds are made available from the 2018 Farm Bill and Public Law 117-169 (enacted August 16, 2022), which is commonly referred to as the Inflation Reduction Act of 2022

2. Delivering Assistance Through Partnerships

RCPP project implementation requires coordination between NRCS and its partners to deliver conservation assistance to producers, landowners, and communities. After announcing RCPP project selections, NRCS negotiates a partnership agreement for each project with the lead partner before entering into contracts, easements, additional agreements or other awards with producers, landowners, and partners.

RCPP applicants and lead partners must work closely with the appropriate NRCS state offices and state conservationists to:

1. determine if a proposed project aligns with RCPP’s goals and policies;

2. identify and negotiate partner technical assistance needs and capabilities; and

3. develop and submit a project proposal using the guidance in this notice.

3. Vision and Goals of the Program

Through RCPP, NRCS employs a co-investment approach through which the agency and partners collaborate to implement natural resource conservation activities. The following are four key principles of RCPP.

1. Impact: RCPP proposals must offer effective and compelling solutions that address one or more natural resource concerns to help solve natural resource challenges.

Partners are responsible for evaluating a project’s outcomes.

2. Partner Contributions: By statute, partners are responsible for identifying any combination of cash and in-kind support that provides a significant portion of the overall costs of the project. Proposals will be evaluated, in part, on the contribution of non-Federal resources to the project. NRCS makes investments through the RCPP to leverage the partner’s investments in the project.

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3. Partnerships and Management: NRCS seeks projects that integrate multiple conservation approaches, implement new technologies, build new partnerships, or effectively employ program flexibilities to deliver conservation solutions. Partners must have experience, expertise, and capacity for managing the partnership and project, providing outreach to producers, quantifying the environmental (and when possible, economic and social) outcomes of an RCPP project, and consistently providing technical assistance that follows NRCS or negotiated project-specific technical requirements. RCPP ranking criteria give priority consideration to applicants that meaningfully engage historically underserved farmers and ranchers as well as those that coordinate with other Federal, State, Tribal, or local efforts.

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.

4. Funding Opportunity Administration Priorities

1. Climate Smart Agriculture

NRCS strongly encourages applications that provide focus on climate mitigation. The Inflation Reduction Act specifically provides funds for RCPP to support the implementation of conservation projects that assist producers and private landowners in directly improving soil carbon, reducing nitrogen losses, or reducing, capturing, avoiding or sequestering carbon dioxide, methane, or nitrous oxide emissions.

2. Urban Agriculture

NRCS strongly encourages submitting RCPP proposals that address the conservation needs of urban farmers in metropolitan areas. Interest in urban agriculture continues to grow, and urban farmers face unique natural resource concerns related to energy conservation, water conservation, soil health, and the long-term protection of land.

3. Historically Underserved Farmers and Ranchers

The RCPP’s authorizing language requires NRCS and RCPP partners to conduct outreach to historically underserved (HU) farmers and ranchers to encourage participation in RCPP projects. RCPP is also a Justice40 covered program, which is an initiative established under Executive Order 14008. NRCS defines five groups of HU farmers or ranchers: (1) beginning, (2) limited resource, (3) socially disadvantaged, (4) veterans, and (5) Indian Tribes. The definitions for these terms are available at the NRCS Historically Underserved Farmers and Ranchers webpage.https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/people/outreach/sl bfr/.

NRCS is committed to the success of our nation’s HU producers, landowners, businesses, and partners. HU producers and landowners play a vital role in securing a https://www.nrcs.usda.gov/getting-assistance/underserved-farmers-ranchers https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/people/outreach/slbfr/ https://www.nrcs.usda.gov/wps/portal/nrcs/main/national/people/outreach/slbfr/

USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page 5 healthy agricultural economy for our country and are often leaders in protecting, enhancing, and sustaining our valuable natural resources.

NRCS gives priority consideration to RCPP proposals that clearly describe meaningful and measurable engagement with and benefit to HU producers and landowners. In addition, HU producers and landowners may be eligible for special incentives (e.g., higher payment rates for conservation practices or entity-held easements) to encourage their participation in RCPP projects.

RCPP Classic and AFA applicants that intend to address this priority must provide a narrative explanation of how their project will substantively engage and benefit HU producers and landowners.

During the proposal evaluation process, each proposal receives an HU index rating that reflects the extent to which the proposed project engages and benefits HU producers and landowners. The index ratings are:

A—proposal demonstrates that the majority of the project resources (RCPP and partner contributions) will be directed to HU producers and landowners as a condition of the award.

B—proposal includes a clear plan for HU producer and landowner participation and includes at least one partner with a history demonstrating a trusted relationship with HU producers and landowners.

C—proposal indicates a substantive plan for HU producer and landowner outreach.

D—proposal does not include explicit HU producer or landowner engagement.

5. Overview of the RCPP Proposal Process

Applicants must submit a full project proposal following the requirements in section V of this funding notice. The RCPP proposal evaluation process is detailed in section VI.

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

6. NRCS Project Oversight and Technical Assistance Responsibilities for RCPP Classic and AFAs

AFA projects entail partner-led delivery of financial assistance (FA) and technical assistance (TA), and statutorily prescribed roles for NRCS participation in each AFA project. Using information provided by the lead partner, NRCS is required to verify that participating producers and landowners comply with the Farm Bill’s adjusted gross

USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page 6 income (AGI) payment limitations and highly erodible land (HEL) and wetland conservation (WC) provisions.

As part of NRCS oversight of both Classic and AFA agreements, NRCS is also responsible for making reimbursement payments to lead partners, tracking project reporting based on information provided by the partner, and providing the technical and the administrative assistance that was mutually agreed to by the parties.

In addition, NRCS is responsible for ensuring compliance with the National Environmental Policy Act (NEPA), the Endangered Species Act, and the National Historic Preservation Act. Data collection to support compliance with these statutes can be negotiated as part of the partnership agreement. However, statutes can be carried out by Partners through agreement with NRCS as part of the partnership agreement. Analysis and decision-making authority for statutory compliance remains a Federal responsibility.

For RCPP AFA, the Partner is responsible for ensuring that activities performed under the AFA comply with Federal, State, Tribal, and local laws and regulations.

7. Final Rule The RCPP final rule was published in the Federal Register on January 14, 2021. RCPP regulations are found in 7 CFR part 1464. NRCS is required to implement RCPP consistent with the RCPP regulations.

B. FUNDING AVAILABILITY

For the FY 2023 RCPP Classic and AFA competitions, there is a total of up to $500 million available. Up to $225 million of the RCPP funds available through this funding announcement is provided through the Inflation Reduction Act of 2022 (IRA). The IRA directs NRCS to prioritize funding for proposals that “support the implementation of conservation projects that assist agricultural producers and nonindustrial private forestland owners in directly improving soil carbon, reducing nitrogen losses, or reducing, capturing, avoiding, or sequestering carbon dioxide, methane, or nitrous oxide emissions, associated with agricultural production.”

Fifty percent of the RCPP funding is dedicated to NRCS-designated CCA projects, and 50 percent is dedicated to projects in the state or multistate category. The maximum RCPP funding (combined FA and TA) available for any project selected under this announcement is $25 million. The minimum funding amount for an RCPP project is $250,000.

When applying for funding, applicants will need to select a proposal type (Classic or AFA) as well as a funding pool (state, multistate, or CCA). Up to $50 million is being made available specifically for NRCS to enter into AFAs with Indian Tribes. Any unused funds may be available to enter into other partnership agreements.

RCPP funds awarded at the time the agreement is executed are committed by NRCS for 5 years. Partners may request an agreement term of longer than 5 years when it is necessary to meet the objectives of the program (see section V). At its discretion, NRCS may

USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page 7 extend a Partnership agreement once, for up to 12 months beyond the original agreement term. In the case of IRA-funded projects, all financial and technical assistance funds must be expended by September 30, 2031, and no IRA-funded RCPP project partnership agreements will be extended beyond that date.

RCPP funds are committed for specific purposes based on proposed activities (e.g., specific types of FA or TA deemed critical to project success). FA funds are available for land management and restoration, rental, cost-share agreements for entity-held easements, U.S. held easements, and public works or watershed structures RCPP funds may be obligated through contracts with agricultural producers and landowners or through agreements with eligible partners.

RCPP funding to landowners and producers will be awarded through program contracts.

RCPP funding to eligible entities, landowners, and producers will not be expended until the agreement is signed.

1. Fund Pools and CCA Priority Resource Concerns

RCPP applicants must identify in their proposals whether they are applying to the CCA pool or the state and multistate fund pool. For more information about CCAs, including the maps of CCA boundaries, visit the NRCS RCPP website.

State/multistate projects 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.

CCA projects must take place wholly within a CCA (counties traversed by a CCA border are considered within the CCA boundary). 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. CCA projects can be funded through IRA dollars if they meet the IRA requirements including implementation of climate smart practices that reduce greenhouse gas emissions and has co-benefits to bolster climate resilience. CCAs and associated priority resource concerns for the FY 2023 RCPP competition are:

RCPP Critical Conservation Areas CCA 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 https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program

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RCPP Critical Conservation Areas CCA Priority Resource Concerns 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

2. Adjusted Gross Income Requirements

Per 16 USC 3871b, AGI provisions do not apply to RCPP partners, it only applies to producers and landowners receiving USDA payments.

Per 16 USC 3871c, the partner may request the Chief to waive AGI applicability for a project

A producer may request an AGI waiver pursuant to Section 1001D as embodied into 7

CFR 1400.

3. Practice Standards

Conservation practice standards form the environmental and scientific basis for the majority of NRCS supported land improvement and land management activities.

Applicants are encouraged to work with the appropriate NRCS state RCPP coordinators to identify existing NRCS conservation practices (and other eligible activities) best suited for addressing project resource concerns and generating conservation benefits.

In instances where approved conservation practice standards are not available or currently suitable to support proposed work, RCPP partners may work with NRCS to develop interim conservation practice standards that are consistent with NRCS authorities, policies, and procedures.

Developing and establishing interim conservation practice standards requires deliberate consideration and review, in accordance with NEPA; therefore, applicants are strongly encouraged to identify any required interim conservation practice standards during the proposal process or during agreement negotiations.

NRCS may consider requests to establish an interim conservation practice standard during project implementation, but RCPP project implementation may be hampered by interim conservation practice standard development timeframes.

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C. ELIGIBILITY INFORMATION

1. Eligible Partners

Entities that are classified as one of the following organizational types can serve as an eligible RCPP partner:

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

2. A state or unit of local government.

3. An Indian Tribe.

4. A farmer cooperative.

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

6. A municipal water or wastewater treatment entity.

7. An institution of higher education.

8. An organization, business or entity with an established history of working cooperatively with producers, as determined by NRCS, to address:

a. local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or

b. critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues.

9. An entity, such as an Indian Tribe, state government, local government, or a non-governmental organization, that has a farmland or grassland protection program that purchases agricultural land easements, as defined in 7 CFR 1468.3.

10. A conservation district.

2. Lead Partner

Each project must have a single lead partner, which is the entity that submits an RCPP proposal and negotiates an agreement with NRCS. The lead partner is ultimately responsible for ensuring completion of all partner responsibilities in a project including delivering and reporting partner contributions, collecting performance data, and assessing project outcomes.

3. 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

USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page 10 partners.” A contributing partner may be an eligible partner (entities described in the list in section III(A)) or may be a third-party individual or organization (even a non-USDA Federal agency) that would not qualify as an eligible partner by the program definition.

Partner contribution templates can be found at the RCPP How to Apply page and should be used to document commitments made by partners. In the event of proposal selection, the lead partner assumes responsibility for tracking and reporting of all collaborating partner contributions.

1. 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. provide the percentage of interest share in a payment that is consistent with operation or ownership shares (where applicable);

3. comply with the HEL, WC, and Farm and Tract eligibility (FTE) requirements of the 1985 Act;

4. comply with the AGI provisions or receive a waiver as described in section II(B) of this notice; and

5. complete eligibility forms necessary to support FSA establishment of Farm Records and Farm Bill eligibility.

Eligible or qualified partners awarded agreements to implement entity-held easements or public works activities are not subject to the HEL, WC, FTE, and AGI requirements. Any landowners or producers receiving a payment under these agreements (e.g., the transfer of an easement to an eligible entity, also known as “an entity-held easement”) are subject to HEL, WC, FTE, and AGI requirements.

If the parcels, producers, and landowners meet eligibility requirements determined by NRCS, these applicants may be given priority for an award.

Once NRCS selects a project and executes a Partnership Agreement 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 request that the partner consider and submit their producer application as part of a partner bundle of applications for NRCS to consider. Second, eligible producers or landowners planning to engage in eligible activities consistent with an RCPP project in the project’s geographic area may apply directly to NRCS.

NRCS may assign priority ranking to “bundled applications” submitted by an RCPP partner. Bundled applications are applications (for producer or parcel contracts) from one https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/how-to-apply

USDA-NRCS-NHQ-RCPP-23-NOFO0001304: Regional Conservation Partnership Program Page 11 or more producer or landowner that the lead partner presents to NRCS for priority consideration as part of an RCPP project.

For RCPP Classic projects, contributions of cash or in-kind services provided by a producer or landowner that are associated with implementation of an RCPP program contract (such as land management activities or landowner donations associated with U.S. held easements) cannot be counted as partner contribution.

For AFA projects, NRCS expects partners will have access to producer and landowner networks to identify prospective project participants. Proposals must describe how the partner plans to identify and engage with producers and landowners.

Lead partners are responsible for working with NRCS to ensure that any producer or landowner receiving RCPP funding through an AFA project complies with HEL and WC provisions and the AGI limitation. Checking producer or landowner eligibility must be completed prior to the partner executing individual enrollment contracts or agreements and prior to issuing any payments that the partner expects NRCS to reimburse. Lead partners must timely furnish the data required for NRCS to complete compliance checks.

2. Land Eligibility

RCPP projects must be carried out on agricultural or nonindustrial private forest land or on associated land that NRCS determines would benefit from an eligible conservation activity. Generally, eligible land must be shown in FSA records as private or tribal and be used for agricultural or forestry purposes.

“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 or conservation lands. Associated land (such as wetlands, riparian areas, grasslands, or floodplains) may comprise the entirety of an enrolled area or may be incidental areas on an enrollment that includes agricultural or nonindustrial private forest land. Associated land may include areas such as idle center pivot corners, , ditches and watercourses, riparian areas, field edges, seasonal and permanent wetlands, and other similar areas. To be included in an enrolled area, RCPP funded activities implemented on associated lands must be functionally related to and address resource concerns on agricultural or nonindustrial private forest lands in the project area.

Below are the two limited circumstances in which public lands may be included in an RCPP project:

1. A watershed or public works structure is constructed on public lands but the benefits (such as flood control or water supply) accrue to private agricultural lands or nonindustrial private forest lands.

2. A producer who has demonstrated control of a patchwork of private and public lands seeks to apply a land management activity on public lands as part of a system of improvements to address resource concerns on both public and private lands in the producer’s operation.

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RCPP funding cannot be used to place conservation easements on land already protected through its ownership 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 for an entity-held easement that meets applicable policy requirements.

Land eligibility is discussed in more detail in the RCPP regulations at 7 CFR part 1464.

3. Eligible Activities

RCPP eligible activities are based on existing USDA programs referred to as “covered programs” (see Appendix I). Project proposals must explicitly request funding for at least one of the following RCPP eligible activity types:

Land management Land rental Entity-held easements U.S. held easements (for RCPP Classic only) Public works and watersheds

A single RCPP project proposal may propose to include any combination of these eligible activity types as part of a RCPP project.

For example, an eligible partner could propose to improve wildlife habitat in a geographic area by engaging producers in land management activities, restoration of habitat, and placement of perpetual easements on agricultural lands. Eligible producers would carry out the land management and habitat restoration activities through RCPP land management contracts, while conservation easements held by other entities or the United States would be purchased from the eligible landowner through a separate award.

Though RCPP activities (whether a practice, activity, land rental, agreement, easement, or related conservation measure) are potentially available under a covered program’s statutory authority, the individual RCPP contracts and agreements made under an approved RCPP partnership agreement may provide producers and landowners greater flexibility than what is available for such activities under the covered programs.

RCPP partnership agreements focus on addressing RCPP project resource concerns and are not subject to the covered program’s regulations and eligibility criteria. Activities proposed that do not align with existing NRCS practices are subject to additional requirements to comply with NEPA.

The following are the “covered programs,” used as a guide for determining eligible RCPP activities:

Environmental Quality Incentives Program (EQIP) Conservation Stewardship Program (CSP) (excluding the Grassland Conservation

Initiative authority) Agricultural Conservation Easement Program (ACEP)

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Healthy Forests Reserve Program (HFRP) Public Law 83-566 Watershed Program (excluding the Watershed Rehabilitation

Program at 16 U.S.C. 1012) Conservation Reserve Program (CRP)

Applicants should carefully read 7 CFR part 1464 and Appendix I of this notice for additional information on eligible RCPP activity types, including participant eligibility, contract and agreement purposes, and contract and agreement expectations and responsibilities.

IV. RCPP PROJECT FUNDING

The RCPP funding provided by NRCS is divided into two categories: FA and TA. Each RCPP project will receive the maximum funding commitment up to the per award limitation when the proposal is selected.

Applicants may request NRCS funding for up to 25 percent of TA activities. The remainder of the proposed budget will be used for FA to implement eligible conservation activities (see section III(F)). The applicant should meet with the applicable state conservationist prior to developing and submitting their proposal to discuss partner TA activity capabilities and proposed funding.

For RCPP Classic projects, FA is typically provided through producer and parcel contracts between NRCS and producers or landowners. RCPP Classic FA funds are held by NRCS and typically the producer or landowner is paid directly by NRCS; however, NRCS generally provides FA as cost-share assistance to an eligible entity to support the eligible entity’s purchase of an entity-held easement from an eligible landowner.

For AFA projects, funding assistance is provided to partners in advance or on a reimbursement basis as appropriate.

A. Financial Assistance

FA is delivered through RCPP eligible program activities. RCPP eligible program activities are based on existing USDA programs referred to as “covered programs” (see Appendix I). Project proposals must explicitly request funding for at least one of the following RCPP eligible activity types:

Land management Land rental Easements held by entities Easements held by the United States (for RCPP Classic only) Public works and watersheds

B. Technical Assistance

TA expenses include activities such as conservation planning, implementation, quality assurance, project management, outreach, and coordination.

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NRCS maintains substantial responsibility for ensuring that RCPP conservation activities are implemented according to Federal and agency statutes, regulations, and policies.

Some of NRCS’s responsibilities cannot be delegated and must be performed by NRCS.

For responsibilities that cannot be delegated, NRCS uses TA funds.

Whether TA activities are performed by NRCS, a partner, or a third party, they must be executed according to applicable Federal requirements, including NRCS planning procedures, conservation practice standards, and job approval authorities. Any partner TA activities must be performed at defensible rates approved by the NRCS state conservationist.

RCPP TA funds may not be used for due diligence expenses incurred by an eligible entity associated with the purchase of an easement held by an entity. NRCS may provide TA funds to an eligible partner to assist with preparing easement plans when NRCS is responsible for developing the easement plan.

The NRCS state conservationist will work with the lead partner to refine proposal budgets for TA, which could include allocating TA funding to partners that have the capacity and capability to perform the work according to NRCS planning and practice standards. TA funds can also be earned by partners for project-level activities, which include project management, outcomes assessment, and the other activities listed in this section. When a project is selected, NRCS will identify and make publicly available the amount of TA funds that NRCS will provide to the project.

Partner TA budgets in project proposals are tentative and ultimately negotiated between NRCS and the lead partner. The NRCS state conservationist will work with partners to establish eligible TA activity deliverables and valuation methods.

The following is a list of common eligible TA activities:

1. Producer and parcel contracts conservation planning, design, and implementation for:

Land management and rental contracts Easements held by the United States Public work projects

2. Project Management

3. Innovation

4. Outreach

5. Outcomes Assessment

IMPORTANT: The partner cannot be reimbursed for any work performed before the execution of a signed agreement with NRCS that obligates funds to a specific partner.

However, consistent with RCPP flexibilities, for the period beginning on the date that

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NRCS announces the approval of an application under this notice and ending the day before the effective date of the partnership agreement, any amounts expended by the lead partner for staff salaries to develop the partnership agreement may be considered part of the contribution of the lead partner.

C. Administrative and Equipment Costs

The RCPP statute prohibits NRCS from reimbursing partners for administrative costs, which include expenses for rent and utilities, durable equipment and software acquisitions, space used by staff, copiers, phones, information technology support, and other similar costs or expenses that are not directly related to the implementation of the project. It is incumbent upon RCPP partners to provide NRCS with sufficient evidence of any costs directly related to the RCPP project for which they are seeking reimbursement.

D. Partner Contributions

NRCS’s goal is for partner contributions to constitute a significant part of each project.

Partner contributions may be any combination of cash and in-kind support, and may complement either NRCS’s FA, TA, or both. Certain RCPP activities such as easements held by entities and public works activities have specific minimum match requirements (see details in Appendix I).

For RCPP Classic projects, producer expenses are not eligible contributions if associated with a producer contract funded by RCPP. Producer expenses incurred for eligible activities completed without RCPP funding assistance may be eligible as a contribution.

For AFA projects, producer contributions may be counted where producer actual costs exceed reimbursements from RCPP and partner funds.

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 factor into the project evaluation criteria listed in section VI. NRCS may approve proportional reductions in proposed contributions if a project is funded at less than the proposed amount.

To count as partner contributions, partner expenditures must be:

expended during the life of the RCPP project, expended within the project’s geographic boundary, included in the partnership agreement, and expended in support of the project’s goals and objectives.

Funding from Federal agencies outside of USDA may be counted as partner contributions, provided that such funding meets the contribution requirements previously discussed in this section. Partners are responsible for consulting the other Federal agencies from which they receive funds to determine how an RCPP project may affect non-Federal match for those agencies’ purposes.

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Expenditures for project development activities, such as producer outreach carried out by RCPP project partners between the time of project selection announcement and agreement execution, may be counted as partner contributions if identified in the proposal budget and approved by NRCS after project selection.

Partner contribution valuations must demonstrate actual costs incurred by partners during the project life. NRCS may consider estimates or models for in-kind contributions. Where NRCS determines that the proposed contributions, valuation methods, or quantities delivered do not satisfy the program requirements, the lead partner is ultimately responsible for identifying replacement contributions acceptable to NRCS. If NRCS does not agree to the replacements, NRCS may amend or terminate the RCPP agreement.

Partners providing TA activities as a project contribution may count limited indirect costs as a partner contribution, as follows:

1. To determine the amount of indirect costs that may be counted as partner contribution to the RCPP, the Negotiated Indirect Cost Rate Agreement (NICRA) rate or the de minimis rate may only be charged against the same partner’s negotiated TA contributions.

2. Organizations that have an active NICRA with the Federal Government must use the rate and base identified in the NICRA to determine the indirect costs to be included in a negotiated agreement as contributions. Where applicable, current NICRAs must be uploaded as part of the RCPP project proposal in the RCPP portal.

3. Entities without a NICRA may use a de minimis rate of up to a 10 percent for indirect costs.

4. Due to the unique nature of RCPP agreements, NRCS may identify certain partner expenses as administrative costs that are not defined as indirect costs in an organization’s NICRA. Partners may request that such partner expenses be considered partner contributions beyond the NICRA rate (partners may flag this in the proposal’s contributions deliverables table and discuss it with NRCS if the proposal is selected for an award).

The following table includes potentially eligible partner contributions.

Potentially Eligible Partner Contributions Deliver FA and benefits to producers or landowners to complement RCPP funding, addressing one or more project resource concerns.

Develop and manage RCPP agreements with NRCS.

Provide other RCPP project-related outreach and education, including inventories, analyses, and tools needed to inform outreach.

Support inventories and data for environmental evaluations.

Provide information or tools needed by NRCS to support agency eligibility determinations, evaluation, and ranking.

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Potentially Eligible Partner Contributions Develop and enter into FA contracts or agreements to implement RCPP-eligible activities using non -NRCS funds.

Deliver TA activities to producers or landowners for planning directly related to initiating or managing eligible conservation activities.

Deliver TA activities to eligible FA or resource assessment services (e.g., securing and managing contracts for third-party services like engineering studies, surveys, or appraisals of easements held by the United States).

Communicate and coordinate project-related activities.

Provide due diligence activities for easements held by entities.

Develop and calculate quantifiable project outcomes.

Manage the leveraging of other funds related to RCPP project goals and objectives.

Develop innovative conservation approaches.

Manage project and develop partnership to accomplish project goals.

Develop, train, and build staff.

Develop and maintain connections to related conservation efforts.

Manage administrative costs (see section IV(C) for limits on eligible administrative costs)

V. RCPP PROPOSAL REQUIREMENTS

1. Format and Instructions

RCPP proposals must be submitted through the RCPP portal by the deadline provided in the Executive Summary of this notice. NRCS evaluates proposals according to the criteria provided 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 conservationist and RCPP coordinator. Communication with state leadership is critical to helping partners:

1. frame conservation benefits in terms of NRCS resource concerns (it is recommended that partners discuss all the NRCS practices that might be needed to ensure the full scope of resource concerns are identified);

2. understand RCPP eligible activities and which activities are suited to treat NRCS resource concerns within the proposed project area;

3. identify partner TA needs and capabilities;

4. develop the approach for measuring conservation (and potentially economic and social) outcomes of RCPP projects; and

5. establish a mutual understanding between NRCS and partners regarding the partner capacities and requirements, as the RCPP funding model depends on close

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A list of state conservationists and RCPP coordinators (as of the date of this notice’s posting) is on the RCPP website.

NOTE: RCPP proposals become the property of NRCS for administering 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.

1. Proposal Content

RCPP proposals must adhere to the following guidance, which is consistent with the proposal entry screens of the RCPP portal. Any additional materials submitted but not specifically required in the following list 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…