USDA-NRCS-NHQ-RCPP-24-NOFO0001354_revised (2).pdf

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic Page i

Regional Conservation Partnership Program Classic Notice of Funding Opportunity

Fiscal Year 2024 Natural Resources Conservation Service Notice of Funding Opportunity No. USDA-NRCS-NHQ-RCPP-24-NOFO0001354

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic Page ii

Table of Contents

NOTICE OF FUNDING OPPORTUNITY SUMMARY INFORMATION

A. PROGRAM DESCRIPTION

1. Legislative Authority

2. Delivering Assistance Through Partnerships

3. Vision and Goals of the Program

B. FUNDING AVAILABILITY AND FUND POOL SELECTION

1. Critical Conservation Area Funding Pool

2. State and Multi-State Funding Pool

C. ELIGIBILITY INFORMATION

1. Eligible Partners

2. Producer and Landowner Eligibility

3. Eligible Activities for Financial Assistance

4. Land Eligibility

D. RCPP PROJECT FUNDING

1. Financial Assistance

2. Technical Assistance

3. Partner Contributions

E. RCPP PROPOSAL REQUIREMENTS

1. Format and Instructions

2. Proposal Content

3. Submission Information

4. Withdrawal of Proposals

F. PROPOSAL REVIEW PROCESS

1. Technical Review Criteria

2. Proposal Evaluation Process

3. Agency Priority Topics for FY 2024 Notice of Funding Opportunities

4. Notifications

G. PROJECT INFORMATION AND ADMINISTRATION

1. RCPP Programmatic Partnership Agreements

2. Producer Contracts

3. Adjusted Gross Income Waivers

4. Reporting and Reimbursement Requirements

H. AGENCY CONTACTS

APPENDIX A – RCPP AGREEMENTS, CONTRACTS AND ACTIVITIES

A. RCPP Funding Overview B. Producer Contracts, Agreements, and Third-party Contracts C. Land Management Activities D. Land Rental Activities E. RCPP Conservation Easements F. US-Held Conservation Easements G. Agreement of Assistance for the Purchase of Entity-Held RCPP Conservation

Easements H. Public Works and Watersheds

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic Page iii

NOTICE OF FUNDING OPPORTUNITY SUMMARY INFORMATION

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

Funding Opportunity Title: Regional Conservation Partnership Program (RCPP) Classic for Federal fiscal year (FY) 2024.

Funding Opportunity Number: USDA-NRCS-NHQ-RCPP-24-NOFO0001354

Assistance Listing: 10.932, Regional Conservation Partnership Program (RCPP)

Due Date: NRCS must receive proposals by 4:59 p.m. Eastern Time on July 2, 2024.

Note: The RCPP Classic and Alternative Funding Arrangement (AFA) FY 2024 notices of funding opportunity (NFO) will run concurrently. For information on AFA proposals please see Funding Opportunity Number USDA-NRCS-NHQ-RCPPAFA-24-

NOFO0001355.

The RCPP promotes the coordination of NRCS conservation activities with partners that offer value-added contributions to expand our ability to address on-farm, watershed, and regional natural resource concerns. Through the RCPP, NRCS seeks to co-invest with partners to implement projects that provide solutions to conservation challenges thereby measurably improving the resource concerns they seek to address. RCPP promotes collaboration with partners, stakeholders, and various communities, which is paramount to achieving equity in NRCS programs and services.

Using guidance contained in this notice, partners propose projects that generate conservation benefits by addressing specific natural resource concerns in a state or multistate area by addressing 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 assistance (FA) and technical assistance (TA) funds to project partners and agricultural producers for implementing projects. RCPP proposals are evaluated through a competitive proposal process based on three criteria: impact, partner contributions, and partnership and management.

Up to $1.5 billion is available for RCPP projects through this announcement and the FY 2024 AFA announcement, which includes $300 million of the Agriculture Improvement Act of 2018 (2018 Farm Bill) funding and $1.2 billion of Inflation Reduction Act (IRA) funding. Proposals are accepted from all 50 States, the Caribbean Area (Puerto Rico and the U.S. Virgin Islands), and U.S. territories in the Pacific Island Areas (Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands). NRCS will prioritize using IRA funds for projects that will implement climate-smart agriculture and forestry conservation activities as described in section F.(3)a. of this announcement.

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 2

Up to $100 million is being made available specifically for NRCS to enter into programmatic partnership agreements with Indian tribes. This set aside will be shared by this announcement and the FY 2024 AFA announcement. Any unused funds may be available for other partnership agreements.

Submissions: Proposals must be submitted through the RCPP portal. See section E of this announcement for information on using the RCPP portal to submit proposals. Access to the RCPP portal requires a level 2 eAuthentication credential or a Login.gov credential.

Obtaining a new Login.gov credential involves multiple steps and can take several days to complete. Instructions are posted on the How to Apply to RCPP web page listed below.

For More Information: Applicants are expected to contact the appropriate State Conservationists and state RCPP coordinators prior to submitting a proposal. NRCS will use a state conservation questionnaire to record the results of this conversation.

Proposals without a completed questionnaire may have their score and ranking reduced.

A list of state RCPP coordinators (as of the date of this announcement’s posting) is on the NRCS How to Apply to RCPP web page.

Applicants can also email the RCPP inbox (rcpp@usda.gov) with any questions about the announcement. The RCPP website is also a great source of current information about the program.

Interested applicants are encouraged to participate in one or more of the webinars below to learn about the program and how to apply.

2024 RCPP NFO Applicant Outreach Webinar

This webinar will provide general information for applicants submitting proposals for the Regional Conservation Partnership Program (RCPP). The same material will be covered at both webinars followed by a question-and-answer section. Please refer to the RCPP website for more information. Regional Conservation Partnership Program | Natural Resources Conservation Service (usda.gov)

April 23, 2024, RCPP Applicant Outreach Webinar Registration Link – 2pm to 4pm EDT - https://events.gcc.teams.microsoft.com/event/e2f45f75-7ea4-410b-b1c9-567537cd2454@ed5b36e7-01ee-4ebc-867e-e03cfa0d4697

May 30, 2024, RCPP Applicant Outreach Webinar Registration Link – 2pm to 4pm EDT - https://events.gcc.teams.microsoft.com/event/226dcb51-0b57-43b1-b340-95e535238713@ed5b36e7-01ee-4ebc-867e-e03cfa0d4697

NRCS will schedule additional webinars on RCPP easements and providing outreach to tribal applicants. Information on all webinars will be posted to the RCPP how to apply page.

https://nrcs.my.salesforce-sites.com/ https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/how-to-apply 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 https://events.gcc.teams.microsoft.com/event/e2f45f75-7ea4-410b-b1c9-567537cd2454@ed5b36e7-01ee-4ebc-867e-e03cfa0d4697 https://events.gcc.teams.microsoft.com/event/e2f45f75-7ea4-410b-b1c9-567537cd2454@ed5b36e7-01ee-4ebc-867e-e03cfa0d4697 https://events.gcc.teams.microsoft.com/event/226dcb51-0b57-43b1-b340-95e535238713@ed5b36e7-01ee-4ebc-867e-e03cfa0d4697 https://events.gcc.teams.microsoft.com/event/226dcb51-0b57-43b1-b340-95e535238713@ed5b36e7-01ee-4ebc-867e-e03cfa0d4697 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

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 3

A. PROGRAM DESCRIPTION

1. Legislative Authority

The RCPP is authorized by Subtitle I of Title XII of the Food Security Act of 1985, as amended by Sections 2701 through 2707 of the 2018 Farm Bill (Pub. L. 115-334).

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 1464. All actions funded under this notice are subject to RCPP statutes and regulations. Funds are made available through the 2018 Farm Bill and the Inflation Reduction Act of 2022 (Pub. L. 117- 169).

2. Delivering Assistance Through Partnerships

NRCS delivers conservation solutions so agricultural producers can protect natural resources and feed a growing world. NRCS provides leadership and funding to ensure that all programs and services are made accessible to all customers, fairly and equitably, with emphasis on reaching historically underserved farmers and ranchers and Native American tribal governments and organizations.

NRCS coordinates with its partners to implement RCPP projects that deliver conservation assistance to producers, landowners, and communities. After announcing RCPP project selections, NRCS negotiates a partnership agreement for each project with a lead partner before entering into contracts, easements, or other agreements with producers, landowners, and other partners.

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

a. Determine if a proposed project aligns with RCPP’s goals and policies,

b. identify and negotiate partner TA needs and capabilities, and

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 4

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

RCPP projects include both FA and TA. FA funds are used to pay for the implementation of conservation activities.

TA is used to support conservation activities or the project at large. For RCPP Classic projects, FA is typically administered by NRCS through contracts and agreements with producers and landowners. (For limited situations where other FA is administered by the lead partner in an RCPP Classic project, see section D. (1)). For proposals that are dependent on partner delivery of FA for land management or rental activities, please see USDA-NRCS-NHQ-RCPP-24-NOFO0001355 and consider whether an AFA would be a better model for your proposed RCPP project.

3. Vision and Goals of the Program

The RCPP follows a partner-driven approach to conservation that funds solutions to natural resource challenges on agricultural land. The following are the three key principles of RCPP.

a. Impact. RCPP proposals must include effective and compelling solutions that address one or more natural resource concern to help solve natural resource challenges. Partners are responsible for evaluating a project’s impact and results.

b. Partner Contributions. Partners are responsible for identifying any combination of cash and in-kind value-added contributions to leverage NRCS’s RCPP investments. Partner contributions are evaluated based on their share of overall project costs and the value of qualified expertise that they add to achieving project goals and objectives.

c. Partnerships and Management. Partners must have the experience, expertise, and capacity necessary to manage the partnership and project, provide outreach to producers, and quantify the environmental impacts, and when possible, economic, and social outcomes of an RCPP project. The RCPP ranking criteria give priority consideration to applicants that meaningfully engage historically underserved (HU) farmers and ranchers.

Successful RCPP applicants will (1) bring an array of financial and technical capabilities to projects; (2) demonstrate experience working effectively and collaboratively with agricultural producers and landowners; and (3) propose

FA

75%

TA

25%

TYPICAL RCPP PROJECT

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 2 sustainable, and measurable approaches to achieving compelling conservation outcomes.

B. FUNDING AVAILABILITY AND FUND POOL SELECTION

NRCS will award up to $1.5 billion through this funding opportunity and the FY 2024 AFA announcement. The maximum RCPP funding available for a single project selected under this announcement is $25 million, including both FA and TA. The minimum funding amount for an RCPP project is $250,000. Projects selected under this funding opportunity may receive funding from either the 2018 Farm Bill or the IRA. Proposals will not need to identify whether the applicant wishes to receive 2018 Farm Bill or IRA funding. For awards made using IRA funding, NRCS will prioritize proposals that address climate mitigation activities. Please see section F(3)(a) for more information.

Proposals will need to select one of the following two funding pools and will only be considered for selection within that funding pool. NRCS intends to use $700 million (50 percent of total funding) for proposals within the NRCS-designated CCA funding pool. The remainder of the funding ($700 million) will be used for proposals that select state or multistate funding pool.

1. Critical Conservation Area (CCA) Funding Pool

The Secretary of Agriculture has designated eight CCAs that represent landscapes with identified priority resource concerns. Each CCA proposal must address at least one of the relevant CCA priority resource concerns. RCPP Classic proposals must select one or more of the conservation benefits in the following table that align with the CCA priority resource concerns. Proposals within the CCA funding pool that will include easement and/or rental activities should also select “Long Term Protection of Land” as a conservation benefit. However, proposals in the CCA funding pool that select “Long Term Protection of Land” as their only conservation benefit will be deemed ineligible. Each subaward, easement, and producer contract within a CCA project must also address one or more of the CCA priority resource concerns.

CCA

Priority Resource

Concerns Conservation Benefits

Chesapeake Bay Watershed

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

Colorado River Basin Excess/insufficient water/drought

Source Water Depletion

Weather Resilience

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 3

CCA

Priority Resource

Concerns Conservation Benefits

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Soil Quality Degradation Concentration of salts or other chemicals

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

Great Lakes Region Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

Longleaf Pine Range Degraded Plant Conditions Degraded Plant Condition

Pest Pressure

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

Mississippi River Basin

Excess/insufficient water/drought

Source Water Depletion

Weather Resilience

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

Northeast Forests and Waters

Degraded Plant Conditions Degraded Plant Condition

Pest Pressure

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

Prairie Grasslands Region

Degraded Plant Conditions Degraded Plant Condition

Pest Pressure

Excess/insufficient water/drought

Source Water Depletion

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 4

CCA

Priority Resource

Concerns Conservation Benefits

Weather Resilience

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Western Waters Excess/insufficient water/drought

Source Water Depletion

Weather Resilience

Inadequate Habitat for Fish, Wildlife, and Invertebrates

Aquatic Habitat

Terrestrial Habitat

Water Quality Degradation Field Sediment, Nutrient and Pathogen Loss

Field Pesticide Loss

The CCA project boundary must fall entirely within the CCA (including counties traversed by a CCA border, which are considered within the CCA boundary). For more information about CCAs, including the maps of CCA boundaries, visit the NRCS CCA web page.

2. State and Multi-State Funding Pool

Proposals in the state and multistate category must be carried out either within a single state or in multiple states. For multistate projects, priority consideration will be given to proposals identifying a manageable number of states.

C. ELIGIBILITY INFORMATION

1. Eligible Partners

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

a. an agricultural or silvicultural producer association or other group of producers;

b. a state or unit of local government;

c. an Indian tribe;

d. a farmer cooperative;

e. a water district, irrigation district, acequia, rural water district or association, or other organization with specific water delivery authority to agricultural producers;

f. a municipal water or wastewater treatment entity;

g. an institution of higher education;

h. an organization, or entity with an established history of working cooperatively https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/critical-conservation-areas

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 5 with producers on agricultural land (as determined by NRCS) to address:

local conservation priorities related to agricultural production, wildlife habitat development, or nonindustrial private forest land management; or critical watershed-scale soil erosion, water quality, sediment reduction, or other natural resource issues;

i. 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;

j. a conservation district.

The lead partner (applicant) for a proposal must meet one of the eligible partner categories. Each project must have a single lead partner, which is the entity that submits an RCPP proposal and negotiates a programmatic partnership agreement (PPA) with NRCS. The lead partner is ultimately responsible for ensuring that project deliverables are completed (including all partner contributions) and reporting on project outcomes.

Lead or other eligible partners may be awarded RCPP funding to provide TA or, in some specific situations limited by regulation, to receive FA funds from NRCS as determined necessary by NRCS under 7 CFR §1464.26(d) to (1) facilitate the conveyance of an easement from a landowner to an eligible entity, (2) implement an eligible watershed activity, or (3) where a program contract requires the integration of a supplemental agreement to facilitate implementing an eligible land management or rental activity. Partners receiving such awards (typically managed as supplemental agreements) assume responsibility for all deliverables under such awards.

If the proposal includes enrollment of entity-held easements and the lead partner is not the eligible entity acquiring and managing the easements, an eligible entity must be named in the proposal.

Notes:

(1) NRCS is prohibited by statute from paying any partner administrative expenses. This prohibition is discussed in greater detail in section D(2)(d) of this notice.

(2) Eligible partners that receive RCPP funding through a PPA or supplemental agreements are not directly subject to the Highly Erodible/ Wetland Compliance provisions (HEL/WC),1 Farm Tract Eligibility (FTE)2, and Adjusted Gross Income (AGI) requirements. However, most RCPP FA and TA awards do

1 7 CFR 12

2 7 CFR 1400

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 6 require 2018 Farm Bill eligible beneficiaries. Partners providing RCPP funded assistance must document producers and lands benefitted by such awards, and NRCS must confirm benefitted producer and land eligibility as a condition of partner payment eligibility.

2. Producer and Landowner Eligibility

Agricultural producers or private landowners receiving FA funding as part of an RCPP project must:

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

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

c. comply with the HEL/WC, and Farm and Tract Eligibility requirements of the Food Security Act of 1985;

d. comply with the AGI provisions or receive a waiver as described in section G

(3) of this notice;

e. meet the payment eligibility requirements included in 7 CFR 1400; and

f. complete the eligibility forms necessary to support eligibility through Farm Service Agency (FSA) Farm Records and the 2018 Farm Bill.

3. Eligible Activities for Financial Assistance

In RCPP, an eligible activity is defined as a practice, activity, land rental, agreement, easement, or related conservation measure that is available under the statutory authority for a covered program, as determined by NRCS. Existing programs covered by NRCS are used to identify eligible activities, but the regulations of the existing covered programs do not directly apply to RCPP.

The existing covered programs are

Agricultural Conservation Easement Program (ACEP) Agricultural Land Easements (ACEP-ALE) Wetland Reserve Easements (ACEP-WRE)

Conservation Reserve Program (CRP) Conservation Stewardship Program (CSP) (excluding the Grassland

Conservation Initiative) Environmental Quality Incentives Program (EQIP) Healthy Forests Reserve Program (HFRP)

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 7

Pub. L. No. 83-566 Watershed Program (Pub. L. No. 566) (excluding the Watershed Rehabilitation Program at 16 U.S.C. 1012)

The following table outlines how the five RCPP FA activity types align with covered program authorities.

FA Activity Type Covered Program Authorities

Land Management EQIP, CSP enhancements, & ACEP-WRE/HFRP (restoration activity)

Rental CRP

US-Held Easement ACEP-ALE/WRE & HFRP (easement acquisition component)

Entity-Held Easement ACEP-ALE/WRE & HFRP (easement acquisition component)

Watershed Project Pub. L. No. 566

In accordance with this list of covered programs, a wide range of conservation activities are eligible for inclusion in RCPP projects. As detailed in appendix A, and with the exception of watershed projects, most RCPP conservation activities are implemented through individual RCPP contracts or agreements with eligible agricultural producers, landowners, or eligible entities. For RCPP Classic, as identified under 7 CFR §1464.26(d), NRCS may provide FA funds to an eligible partner to implement eligible activities on behalf of eligible producers and on eligible land.

4. Land Eligibility

RCPP funded assistance 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 FSA records as private or tribal land and must be used for agricultural or forestry purposes.

“Associated land” is defined as land that is typically near production or conservation lands on farms or ranges but is not purposefully managed for food, forage, or fiber. 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, by including areas such as idle center pivot corners, odd areas, ditches and watercourses, riparian areas, field edges, seasonal and permanent wetlands, and other similar areas. In all cases, to be included in an enrolled area, RCPP funded activities implemented on associated lands must be functionally related to and

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 8 address resource concerns on agricultural or nonindustrial private forest lands in the project area.

Public land may be eligible as part of an RCPP project if the land is publicly owned agricultural land or associated land and the enrollment of such land is—

(i) Appropriate for the type of eligible activity, and

(ii) The eligible activity to be implemented on the public land is necessary and will contribute meaningfully to achieving conservation benefits consistent with an approved project.

For example, a watershed/public works structure may be constructed on publicly owned associated lands where the benefits (e.g., flood control, water supply) accrue to private agricultural lands, or land management practices may be implemented by an agricultural producer on publicly-owned agricultural lands to address resource concerns on these or other lands considered part of the producer’ operation.

RCPP funding cannot be used to place conservation easements on land already protected because it is 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 an NRCS-approved buy-protect-sell transaction for an entity-held easement (see appendix A for additional considerations).

D. RCPP PROJECT FUNDING

The RCPP funding provided by NRCS is divided into two categories: FA and TA. Each RCPP project will receive a funding commitment at the time of proposal selection, as follows:

At least 75 percent FA. These funds are held by NRCS and are provided directly to eligible producers or partners to implement RCPP activities.

Up to 25 percent TA. These funds are used by NRCS to support implementation of conservation activities (e.g., planning, design, checkout, etc.) or provided to the lead or other eligible partners to support implementation of conservation activities or for project-wide support activities (e.g., project management, outcome assessment, outreach).

According to program requirements, all proposal budgets will be capped at 25 percent for TA, and combined RCPP and TA contributions must support all project FA, as determined by NRCS. If a project is selected for funding and FA or TA levels are above or below those previously indicated in this section, lead partners may work with their state RCPP coordinator to request waiver to specified percentages.

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 9

1. Financial Assistance

FA is used to implement conservation activities. Proposals and RCPP agreements organize FA deliverables into the five FA activity types discussed in section C(3). A single RCPP project may propose any combination of these FA activity types. For example, an eligible partner could propose to improve wildlife habitat in a given geographic area by engaging producers in land management activities, restoring habitat, and securing 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 conservation easements would be purchased from the eligible landowner through a separate award.

a. Delivering Financial Assistance

NRCS manages FA delivery in Classic projects, and typically does so principally via contracts between NRCS and an eligible producer (or in case of entity-held easements, between NRCS and an eligible entity).

FA Activity Type Lead Party FA Responsibilities

Land Management NRCS Delivered to producers through contracts held by NRCS.

Eligible Partner

May receive a limited amount of FA in support of RCPP funded producer contracts.

Rental NRCS Delivered to producers through contracts held by NRCS.

US-Held Easements

NRCS

Delivered through producer contracts with landowners.

NRCS responsible for due diligence.

Entity-Held Easements

Eligible Partner

NRCS provides cost-share of easement purchase costs to an eligible entity through parcel contracts.

Eligible entity who is purchasing the easement conducts most due diligence as a condition of FA award but the due diligence costs are not an eligible RCPP expense and is not reimbursable; however these costs may be included as part of project contributions.

Watershed Projects Eligible Partner

Delivered by the lead or eligible partners

b. Conservation Practice Standards and Conservation Activities

NRCS conservation practice standards form the environmental and scientific basis for the majority of NRCS-funded conservation. Applicants are encouraged to work with the appropriate NRCS state RCPP coordinators to

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 10 identify and understand the use of existing NRCS conservation practice standards and conservation activities best suited for addressing project resource concerns and generating the conservation benefits associated with an RCPP project.

In instances where approved conservation practices and conservation activities are not available or suitable to support proposed work, RCPP partners may work with NRCS to develop interim conservation practices or conservation activities consistent with RCPP authorities, regulation, policies, and procedures. Any interim conservation standards or activities are limited by NRCS authorities and guided by NRCS processes and procedures, and they must be accurately reflected in proposal timelines and project delivery models. Interim conservation practices and conservation activities must include full compliance with the National Environmental Policy Act (NEPA) and related statutes. If interim conservation practices or conservation activities are part of a project, the proposal budget and timeline should include the additional time and resources needed.

c. Environmental Review Requirements

NRCS cannot provide RCPP funding until projects meet the environmental review requirements demonstrating how they will comply with NEPA and other Federal, state, and local laws and regulations. NRCS may not approve, or may withdraw, funding for projects that do not realistically account for the time or expense of addressing these legal requirements, or where the project may result in unacceptably adverse impacts contrary to RCPP purposes.

NRCS policy requires site-specific environmental evaluations (EEs) during the planning phase of individual awards (e.g., producer contracts or supplemental agreements) to ensure compliance with NEPA, and other Federal, state, and local laws and regulations and NRCS policy.

In addition, when innovative measures will supplement the NRCS conservation planning processes or conservation practice standards, or when an RCPP proposal will include public works or watershed activities, NRCS requires NEPA analysis at the RCPP project level and may require an environmental assessment or environmental impact statement.

Project proposals should explicitly acknowledge any NEPA or other compliance needs and should reflect this information in the project timeline and budget. Expenses for these analyses must be itemized in project costs as either a partner TA contribution or (to the extent approved during PPA negotiations) as a potentially reimbursable, TA implementation item (see TA description in section D. (2)). NRCS is responsible for compliance with section 106 of the National Historic Preservation Act and Section 7 of the Endangered Species Act and may not delegate these responsibilities to partners. Partners

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 11 may arrange and pay for any cultural resource or species occupancy surveys that are necessary for NRCS to assess project impacts. These surveys and any related consultations would be subject to NRCS approval and review processes.

NRCS, in collaboration with the lead partner or designee, may determine that it is necessary to analyze any relevant site-specific EEs conducted during the NRCS conservation planning process or evaluated in a project-level NEPA analysis for partner contributions to the RCPP project that would not occur without RCPP funding from NRCS (i.e., connected actions). Cost (and delays) of such analyses shall be the responsibility of the partner unless otherwise agreed to in PPA negotiations.

2. Technical Assistance

TA is used to implement FA activities and RCPP project management. TA to support FA may include all the traditional NRCS TA tasks. TA to support project management may include project management, outreach, and outcomes assessment. TA amounts included in the proposal and agreement are considered estimates; in the event of an award, payments will be based on actual expenditures for activities.

NRCS is responsible for ensuring that RCPP conservation activities are implemented according to all Federal and agency statutes, regulations, and policies. Some of NRCS’s responsibilities are non-delegable, meaning that they must be performed by NRCS. For these non-delegable responsibilities, NRCS uses TA funds to manage the conservation planning, practice design, installation, and verification, as well as other needs associated with supporting the implementation of RCPP conservation activities.

Whether performed by NRCS, its partners, or a third party, TA activities must follow all applicable Federal requirements, including NRCS planning procedures, conservation practice standards, and job approval authority. Any partner TA activities must be performed at defensible rates that have been approved by the NRCS state conservationist, and rates must reflect actual costs to the partner in order to (1) minimize potential for improper payments associated with the use of RCPP funds for partner administrative expenses, and (2) prevent “wind falls” or “rent seeking” associated with incentive payments (which are not authorized in

RCPP).

NRCS will work with lead partners to refine proposal budgets. This could include rebalancing the proposed TA budget to reflect NRCS and partner capacities, control proposed costs to the program, and reflect other necessary changes. At the time of project selection, NRCS will make publicly available the amount of TA funds that it will provide to the project.

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The following are eligible TA activities:

Supporting producer and parcel contracts for land management and rental contracts, easements held by the U.S. Government, and public work projects

Project Management Outreach Outcomes Assessment

a. Administrative/Indirect 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 similar costs or expenses that are not directly related to implementing the project. It is incumbent upon RCPP partners to provide sufficient evidence for NRCS to consider regarding any reimbursement costs directly related to the RCPP project.

b. Equipment

Equipment is defined as an item of property that has an acquisition cost of $5,000 or more (unless the organization has established lower levels) and an expected service life of more than 1 year (justify its need for accomplishing the goals of the project).

Equipment purchased with RCPP funds may only be used for eligible project purposes. RCPP project agreements also limit use of such equipment and stipulate terms of equipment disposition upon project expiration.

3. Partner Contributions

a. Expectations and Eligibility

Statute requires partner contributions to constitute a significant part of the scope for each project. Partner contributions may consist of any combination of cash and in-kind support. Contribution is not match, but some FA activity types do have specific minimum match requirements (see appendix A).

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 F. If NRCS reduces an RCPP award with respect to an applicant’s proposed funding request, a proportional reduction in partner contributions may also be allowed where NRCS determines proposed changes will not adversely affect potential for project success.

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To count as partner contributions, partner expenditures must be expended during the life of the RCPP project, occur within the project’s geographic boundary, and support the project’s conservation benefits.

Funding from Federal agencies other than USDA may be counted as partner contributions, provided that such funding meets the criteria. Partners are responsible for ensuring that the funding received from other Federal agencies is used towards an RCPP project, as it may affect the determinations of non-Federal match for those agencies’ purposes.

Expenditures for project development activities (such as producer outreach by RCPP project partners between the time of project selection and agreement execution) may be counted as partner contributions if the proposal budget identifies the expenditures and NRCS approves them when the project is selected.

The following are some potentially eligible partner contributions.

FA provided to producers or landowners to address one or more project conservation benefit, including a CCA priority resource concern

TA to producers or landowners for planning that is directly related to implementing or managing eligible conservation activities

Time spent by partner staff to develop and enter into FA contracts or agreements to implement RCPP-eligible activities using non-NRCS funds

Partner staff time or actual costs incurred that benefit the overall project such as outreach to producers, project-related communications and coordination among partners, and developing and calculating quantifiable project outcomes.

Inventories and data to support environmental evaluations of applications for producer contracts

Providing information or tools needed by NRCS to support agency producer eligibility determinations, evaluation, and ranking

TA to support delivery of eligible FA or resource assessment services (e.g., securing and managing contracts for third-party services like engineering studies, surveys, and appraisals to satisfy NRCS requirements for watershed projects or easements held by the U.S.

Government)

Due diligence activities for entity-held easements

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Administrative costs (see section D(3)(c) for limits on when and how much of a partner’s administrative costs is counted as contribution)

If a proposal is selected, NRCS will further evaluate contribution eligibility and acceptable contribution valuation methods during PPA negotiations, or subsequent amendments. Contribution valuations must demonstrate actual costs incurred by partners during the project life. Where NRCS determines that proposed contributions, valuation methods, or quantities delivered do not satisfy negotiated requirements, the lead partner may be responsible for identifying replacement contributions acceptable to NRCS, including updates to the partner contribution letters. If NRCS does not agree to the proposed replacements, it may reduce award amounts, require PPA amendments and additional oversight, or terminate the PPA.

b. Contributions, Match, and Producer Cost-Share

Cost-Share is defined as the difference between the amount paid to a producer or landowner and the actual cost to install a practice or implement a conservation activity. Cost-share that is “donated” by a producer or landowner for land management activities or easements held by the U.S.

Government cannot be counted as partner contribution. Non-Federal match provided by the landowner for entity-held easements (landowner charitable donation) is an eligible contribution.

Certain RCPP activities such as public works activities and entity-held easements have specific minimum match requirements (as detailed in appendix A). Match provided by a partner towards an RCPP funded activity is also a potentially eligible contribution.

c. Administrative (Indirect) Costs as Contribution

Although RCPP funding can never be used to support partner administrative (indirect cost) expenses, partners providing TA as a contribution may also count some of their associated indirect costs as partner contribution, with the following limitations:

Organizations that have an active Negotiated Indirect Cost Rate Agreement (NICRA) with the Federal Government must use the rate identified in the NICRA to determine the indirect costs to be included in a negotiated PPA as contributions. Current NICRAs must be uploaded as part of the RCPP project proposal in the RCPP portal where applicable.

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

To determine the amount of indirect costs that may be counted as partner contribution for RCPP, multiply the NICRA rate or the de minimis rate by the total estimated value of that partner’s TA.

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Where indirect costs are to be included in partner contributions, they must be identified in the partner contribution letter, and may only be reported in proportion to associated TA delivered (through contribution or RCPP funding).

For example, if one partner does not have a NICRA and is providing $100,000 in TA as a partner contribution, that partner may also include $10,000 in indirect costs as part of their partner contribution.

E. RCPP PROPOSAL REQUIREMENTS

1. Format and Instructions

RCPP proposals must be submitted through the RCPP portal by the deadline in this notice. Late proposals will not be accepted unless accompanied by a ServiceNow ticket documenting a legitimate issue with the RCPP portal.

Proposals will not be accepted because of a failure to obtain a Login.gov credential or creating an RCPP portal account well in advance of the deadline.

Before starting a proposal in the RCPP portal, and at least 4 weeks prior to the proposal deadline, entities interested in applying to RCPP must request a meeting with the appropriate NRCS state conservationist or RCPP coordinators. Communication with state conservationists and state RCPP coordinators is critical to help partners frame conservation benefits in terms of NRCS resource concerns, understand RCPP eligible activities and determine which activities are best suited to address NRCS resource concerns within the project area, develop their approach for projecting the conservation (and potentially economic and social) outcomes of RCPP projects, establish a mutual understanding of NRCS and partner capacities and rules for the program (note that the RCPP funding model depends on close coordination and collaboration between partners and NRCS to achieve project success), and identify issues in partner proposals that have the potential to complicate project implementation (e.g., the use of interim conservation activity standards or the inclusion of atypical deed terms or processes in entity-held easement transactions).

The state conservationist, in collaboration with state RCPP coordinator, will use a questionnaire to document discussions with the lead partner. Partners considering easements should also review the easement addendum to the questionnaire. A copy of the State Conservation Questionnaire can be found on the RCPP How to Apply web page. Proposals submitted without a completed State Conservation Questionnaire will have their overall proposal score and ranking reduced.

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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A list of state RCPP coordinators, (as of the date of this announcement’s posting), is also on the RCPP How to Apply web page.

Note: RCPP proposals become the property of NRCS 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.

2. Proposal Content

RCPP proposals must adhere to the guidance in this section, which is consistent with the proposal entry screens of the RCPP portal. Letters of support from individuals or organizations other than contributing partners will not be considered in the review process.

a. Basic Project and Contact Information. Lead partners must list both a primary and an 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) conservation benefits addressed by the project. For CCA projects, the conservation benefits must align with one or more of the priority resource concerns listed in section B of this notice.

RCPP projects typically last 5 years, and applicants must submit a justification for the proposed length. Applicants may request a PPA length that is longer or shorter than 5 years and must justify the timeframe.

b. List of Project Partners. In addition to the lead partner (applicant), the proposal must identify all nonlead partners expected to provide partner contributions.

Briefly describe the role of each partner. In addition, in RCPP projects involving entity-held easements, if the lead partner does not hold all easements in the project, the proposal must identify at least one partner with authority to acquire, manage, and steward all easements. Proposals should also include other entities involved in acquisition such as coholders or third-party right holders.

c. Narrative Questions. In the RCPP portal, applicants must provide answers to questions related to the evaluation criteria found in section F of this notice.

These questions require the applicant to describe partner roles and qualifications, the compelling conservation need for the project, the goals and https://www.nrcs.usda.gov/programs-initiatives/rcpp-regional-conservation-partnership-program/how-to-apply

USDA-NRCS-NHQ-RCPP-24-NOFO0001354: Regional Conservation Partnership Program Classic 17 objectives, the geographic focus, the estimated number of participating producers (landowners), and the project management capacity of the identified partners, among other items. The RCPP portal restricts answers to a maximum number of characters, including spaces. Longer responses submitted outside of the RCPP portal will not be considered during proposal evaluations.

A copy of the narrative questions can be found on the RCPP How to Apply web page in the Resources for Submitting a Proposal section.

d. Project Outcomes. The proposal must document partner commitment to reporting project outcomes. While details of outcomes may be refined during project negotiations, each lead partner is responsible for reporting on at least one conservation outcome. Economic and social outcomes are optional, but if they are included in the proposal, they must also be included in the PPA. A guidance document for outcomes reporting is posted on the RCPP How to Apply page in the Resources for Submitting a Proposal section. All lead partners should carefully review the guidance document prior to drafting the proposal.

e. NRCS Funding Request Tables. In the RCPP portal, applicants will complete two NRCS funding request tables, one for NRCS FA and one for NRCS TA.

Applicants will enter deliverables within these two tables, including the FA or TA activity type and the typical activities. 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 for selected projects will be negotiated during the PPA development phase.

f. Contribution Deliverables Table. The applicant must also enter deliverables in the partner contribution table. Applicants must enter deliverables for each FA or TA activity type as well as the lead for each contribution.

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.