Rhode Island State Technical Committee Meeting Notes

Introductions, Review Agenda, and Opening Comments

Roylene Rides at the Door, Rhode Island State Conservationist, welcomed all attendees and asked all to introduce themselves.

Wildlife Habitat Incentives Program (WHIP)

Joe described the OIG audit which is driving our goal to be fully successful.  He handed out a copy of the new national WHIP policy.  Joe’s goal is to ensure the Rhode Island WHIP policy meets all national standards and specifications. Attendees were asked to provide feedback to Joe on updates to the Rhode Island WHIP policy.

Field Office Technical Guide Update: 

Update on practice standards.  National standards are available online. Joel provided a letter with the website.  States must be as restrictive as national standards.  Joel invited STT to comment on national standards by April 30, 2006.

Vicky Drew inquired about aquaculture standards.  Joel promised to follow up.

Farm Viability:

• State Agriculture Day; May 17, 2006, at the State House
  • Don & Heather Minto will speak
• Farmers Markets will open soon
  • Two new markets in Rhode Island this year
• Rhode Island Beef Update:  positive progress with season slowing during the summer
• Aquaculture Report:  CRMC reports continued growth in industry
• Wool Blanket Project:  Wool collection June 24, 2006 for use in Rhode Island blankets
• Overall good atmosphere in Rhode Island with farm viability going hand in hand with technology

Environmental Quality Incentives Program (EQIP):
 

Vicky presented a diagram of a heavy use area adjacent to a barn designed to alleviate muddy areas.  Heavy use areas can not be used to store equipment or livestock.  Rhode Island farmers would like pens for livestock on their heavy use areas.  Vicky proposed temporary separation to be included in standards and specifications.  Permanent separation will not be allowed. 

A discussion ensued about the definition of housing for livestock and separation pens on a heavy use area.  Vicky noted that USDA NRCS will not pay for or allow permanent sides/walls on heavy use areas.  Some farmers have developed heavy use areas which have subdivisions to separate age classes of livestock.

Vicky suggested the possibility of “temporary” subdivisions; permanent sleeves build into the heavy use area to support the installation of temporary barriers.  Temporary subdivisions would provide farmers with more flexibility for livestock feeding, watering, and loafing.  Both Rob Swanson and Mike Pezza supported Vicky’s proposal providing animals are rotated out of the loafing area into the barn and verification that installation is consistent with the definition of temporary.  Ken Ayars noted that typical hog operations already operate under a similar arrangement.

Roylene Rides at the Door, State Conservationist noted that the policy should address not pushing potential conservation concerns into others areas of the farm.

All attendees agreed on temporary separation on heavy use areas with the following note on the contract:  “Separation should be removable.”    

The issue at hand is subdividing heavy use areas for dogs.  All agreed this was a slippery slope tantamount to kenneling.  Vicky suggested developing a policy of eligible livestock.  Vicky described the particular situation at hand and suggested writing policy which would preclude subdividing heavy use areas for specific livestock in the future.  Vicky used the basic eligibility criteria:

• Producer eligibility  

• Livestock eligibility

• Resource Concern

The discussion was wrapped up by ensuring policy would be changed to prevent future cost sharing with dogs.  Kennels are considered confined feeding operations and not agriculture. 

All attendees agreed that dogs should be excluded from future NRCS cost sharing on heavy use areas.

As an add-on to Vicky’s discussion about EQIP, Roylene mentioned the backlog of existing contracts.  Moving toward the next farm bill, NRCS would like to get as much conservation as possible on the ground. 
 

Developing a Policy for canceling contracts: 
 

Roylene proposed a policy for canceling or terminating contracts where no activity has been initiated.  Funds are tied up on these contracts and are not accessible.  Vicky mentioned cost recovery and the State Conservationist’s flexibility to issue a waiver in some cases.  The national policy on cancellation and termination is written to include recovery of payments made with interest and liquidated damages.   Liquidated damages require recovering funds in addition to the cost share amount and are designed to recover money spent for technical assistance.  Vicky noted that Rhode Island has only implemented cost recovery in one instance to date.  Some considerations to determining whether to require cost recovery and liquidated damages include:

• good faith effort
• hardship
• involuntary loss of land

Vicky recommended considering whether the practice is a stand alone practice which addresses a real resource concern when determining whether to pursue cost recovery and/or liquidated damages. 

When asked by Mike Pezza about the number of contracts in question, Vicky noted that 50 – 75 percent of the contracts are behind schedule.  Where appropriate and applicable, NRCS can modify contracts.  Clients will also be offered the option to voluntarily cancel.  All NRCS contracts are expected to show some implementation during the first 12 months unless special circumstances prevent action.  All contract holders who have not initiated implementation of their conservation plan within the first 12 months will get a letter outlining their options for cancellation and termination.  Roylene and the East Region State Conservationists discussed the backlog of contracts and agreed that funds should be freed up and made available elsewhere.  Vicky noted that these funds would go into a cost overrun account.

Kris Stuart asked if there was any benefit to the client for voluntary cancellation.  Vicky replied that there was no benefit to the client.  All the same cost recoveries and liquidated damages still apply.  Roylene offered that contract termination could impact future contract consideration and be included in future ranking criteria, while voluntary cancellation would not.  Contracts that have not been implemented due to NRCS delays will not be considered for cancellation or termination.

Rob Swanson responded that outreach should include the seriousness of entering a contract with NRCS and the consequences of failing to meet the time restrictions of the contract. 

All attendees agreed that a Rhode Island policy for cancellation and termination should be published.
 

Conservation Incentive Grants: 
 

Vicky reported that $500,000 of EQIP Financial Assistance (FA) had been set aside for Conservation Incentive Grants (CIG).  Fourteen CIG grants were received. Vicky noted that some of the funds might be needed for qualified EQIP applications for cost share contracts and that she would approve all EQIP contracts prior to noting the actual amount available for CIG grants. The CIG ranking team will meet May 8 and 10, 2006.  Recipients of the CIG grants will be announced at a press release June 1, 2006.

Farm and Ranchland Protection Program: 

Vicky announced that Farm and Ranchland Protection Program (FRPP) and all other easement programs underwent thorough policy changes for the appraisal process.  She noted that fact sheets were sent to all interested possible applicants.  Appraisals must now be conducted using the “Yellow Book” method.  Very few Rhode Island appraisers are Yellow Book certified.  Entities must have partial appraisals of sections for the whole parcel.  Each appraiser’s first appraisal will go out for a technical review paid by NRCS.  Parcels appraised higher than $1 million must go to the national office for review.  Titles must be reviewed by USDA Office of General Counsel (OGC).  The application period for FRPP ends May 11, 2006.  Ranking for FRPP includes scores for both the entity applicant and the parcel.
 

Policy change proposed for FRPP: 
 

Vicky proposed that entities would receive negative points for past performance where they did not close on time.  She noted that cooperative agreements are written for two years will an option for an additional year.  She stressed that in very few cases does an easement close on time during the original two year timeframe of the cooperative agreement.  The goal is to close on easements within 18 months. 

Vicky also noted that a large administrative burden is created on NRCS by multi year cooperative agreements.  Ken Ayars vehemently disagreed with Vicky’s assertion regarding multi year cooperative agreements.  Vicky noted that FRPP should not be available unless offers have been made.   Entitles should be further along in the easement process prior to applying for FRPP.  Ken expressed serious concern that the unrealistic time limitations preclude ability for entities to produce applications.   Roylene Rides at the Door, State Conservationist will decide whether to accept changes to FRPP policy.
 

Conservation Security Program:
 

Vicky announced that the sign up period for the Conservation Security Program is over and that all applicants are eligible.  She noted that the national office will make selections for funding in the near future with the prospect for June payments.
 

Grassland Reserve Program:
 

Rhode Island has a 38 acre Grassland Reserve Program (GRP) easement scheduled to close on May 25, 2006 in North Kingstown.  When this project is finished funds will remain and con only be used on the existing eligible contracts.  GRP has met it’s acreage cap and will not receive any additional funding during this farm bill.    
 

Additional Remarks from the Team: 
 

Rob Swanson noted that the Farm Service Agency (FSA) administered Emergency Conservation Program has $100,000 for Rhode Island due to the flooding during October 14 & 15, 2005.  Funds are available for applicants in all counties.  Eligible applicants will be funded on a first come first serve basis until all funds are allocated.  No ranking process is in place.

Roylene attracted attention to conservation briefs available on the back table for review.  New briefs are available on several topics with more to come in the future.

Last comment:  The deadline for the EQIP Energy Initiative payments is July 1, 2006. 

Next meeting: September 7, 2006 (9:30AM – 12 Noon).

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