HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 06/04/2002 4^�*
KENT
WA5" '"GTO" SPECIAL PLANNING COMMITTEE
COMMUNITY
DEVELOPMENT June 4, 2002
Fred N. Satterstrom,AICP : J
Director
PLANNING SERVICES
Charlene Anderson,AICP
Manager
The City Council Planning Committee will hold a special meeting in Council
Mailing Address. Chambers East, Kent City Hall, 220 4"'Avenue South, at 3:00 PM on Tuesday,
220 Fourth Ave.S. June 4, 2002.
Kent,WA 98032-5895
Location Address:
400 West Gowe
Kent,WA 98032
Phone:253-856-5454 Committee Members: Leona Orr, Chair Judy Woods Bruce White
Fax:253-856-6454
Action Speaker Time
1. #CPA-2000-3 Agricultural Lands YES Gloria Gould-Wessen 60 min
Amendment
The Planning Committee meets the third Tuesday of each month at 3:00 PM in Chambers
East, Kent City Hall, 220 4"Ave. South, unless otherwise noted. For agenda
information please contact Jackie Bicknell at (253) 856-5712.
ANY PERSON REQUIRING A DISABILITY ACCOMMODATION SHOULD CONTACT THE
CITY CLERK'S OFFICE AT(253)856-5725IN ADVANCE. FOR TDD RELAY SERVICE CALL
THE WASHINGTON TELECOMNIUNICATIONS RELAY SERVICE AT 1-800-833-6388.
COMMUNITY DEVELOPMENT,
Fred N. Satterstrom, Community Dev. Director
PLANNING SERVICES
1• Charlene Anderson,AICP, Manager
KE tail T Phone:253-856-5454
WASHINGTON
Fax: 253-856-6454
Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
May 28, 2002
PARTIES OF INTEREST FOR AGRICULTURAL LANDS STUDY#CPA-2000-3
KENT, WA
Re: NOTICE OF JUNE 4,2002
CITY COUNCIL PLANNING COMMITTEE MEETING
Dear Interested Parties:
As a party of interest for the Agricultural Lands Study, this notice is sent to inform you that this
issue will return to the City Council Planning Committee for discussion.
iThe agenda for this meeting will include an overview of the recently passed National Farm Bill,
King County's Farm-Link program, and details of a joint Purchase of Development Rights (PDR)
and a Transfer of Development Rights (TDR) preservation program associated with the
Agricultural Lands Study.
Discussion of the Agricultural Lands issue will occur in anticipation of forwarding a
recommendation to the full Council.
The June 4, 2002 City Council Planning Committee meeting will be held at 3:00 p.m. in the City
Council Chambers, City Hall, 220 Fourth Avenue South, Kent, WA 98032.
Although public is invited to attend, there will be no public input. If you have any questions
regarding this matter,please contact Gloria Gould-Wessen at 253-856-5454.
Sincerely,N'�,Z�Ay &l
Charlene Anderson, AICP
Planning Manager
CA\GW\pm S:\Permit\Plan\CompPlanAmdments\2000\2004535-060402PC-MtgNtc.doc
MAY 299 2002
THE AGENDA COVER SHEET FOR THE 06/04/02
.NNING COMMITTEE MEETING (3:00 PM)
• TITLE OF ITEM#1 #CPA-2000-3 AGRICULTURAL LANDS AMENDMENT
ACTION ITEM: Staff will discuss the Agricultural Lands Amendment which will include an
overview of the recently passed National Farm Bill, King County's FarmLink
program, and details of a joint Purchase of Development Rights (PDR) and a
Transfer of Development Rights (TDR) preservation program associated with the
Agricultural Lands Study.
BACKUP MATERIAL: Gloria Gould-Wessen's Staff Report dated May 28, 2002, w/attachments: (A) Part
519 Farmland Protection Program, (B) Final Bill Report SHB 2758 and
(C)Purchase of Development Rights for Agricultural Land.
PRESENTER: Gloria Gould-Wessen, Planner/GIS Coordinator & May Miller, Director of
Finance
TIME: 60 Minutes
•
•
S:IPermWPlaWPlanning Committee W0604pc-cvrsht.doc
ITEM#1
PLANNING COMMITTEE
June 4, 2002
i
#CPA=2000=3
AGRICULTURAL LANDS AMENDMENT
ACTION ITEM :
Approve/Deny/Modify the Land Use and Planning Board's
recommendation regarding Agricultural Lands and forward
this to the June 18, 2002 City Council meeting.
COMMUNITY DEVELOPMENT
Fred N. Satterstrom, Director
PLANNING SERVICES
Charlene Anderson,AICP, Manager
Phone:253-856-5454
K E N T Fax: 253-856-6454
W A S H I N O T O N Address: 220 Fourth Avenue S.
Kent,WA 98032-5895
May 28,2002
TO: CHAIR LEONA ORR AND MEMBERS OF THE CITY COUNCIL
PLANNING COMMITTEE
FROM: GLORIA GOULD-WESSEN, GIS COORDINATOR/PLANNER
RE: AGRICULTURAL ZONING AND LAND USE PLAN RECOMMENDATIONS
(#CPA-2000-3) (KIVA#2004535)—JUNE 4, 2002 MEETING
INTRODUCTION
This memo provides additional information concerning the Federal Farm Bill that was recently
signed into law and the preservation programs within it; reports on King County's "Farm Link"
program; explains King County's property ownership of agricultural lands and the leasing
program they manage; and outlines a proposed agricultural preservation program using both the
Purchase of Development Rights and Transfer of Development Rights Programs (PDR/TDR).
Included are exhibits of the Federal Farmland Protection Program (Attachment A), a synopsis of
State Senate House Bill 2758 establishing the agricultural conservation easements program
(Attachment B), and proposed language for a PDR program (Attachment Q.
FARMLAND PROTECTION PROGRAM
Since 1996, the National Farmland Protection Program (FPP) has protected 108,000 acres in 28
states. The recent Farm Bill (a 6 year funding program) provides an 85% increase in
conservation funding. The FPP will receive $50 million in 2002, $100 million in 2003, $125
million in 2004-05 and $100 million in 2006. The FPP provides up to a 50%match towards the
purchase price of easement or fee simple land for the purpose of protecting farmland from
conversion to nonagricultural uses. In the past only states and counties were eligible, but now
local governments and 501c(3) land trusts can participate in the program.
The goal of the FPP is to protect prime or unique farmland from conversion to nonagricultural
uses by securing conservation easements or other interests. The land should be prime or unique
farmland of statewide or local importance. The land the City is considering for the land use
designation of Agricultural Resource Lands meets both the State and Federal definition of
"Prime Farmland".
The U.S. Department of Agricultural — Natural Resource Conservation Service (USDA-NRCS)
• is responsible for the coordination, development and implementation of conservation plans, and
disbursement of FPP funds. They are responsible for carrying out necessary legal and
administrative actions to ensure proper acquisition and recording of the conservation easement or
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other interest instrument. The NRCS will hold title to conservation easements; ensure the
easement is managed according to a conservation plan if necessary; provide management,
monitoring and enforcement of the conservation easement, and submit status reports when
requested.
To be eligible to participate in the FPP, both the local jurisdiction and the land must minimally
meet the following criteria:
Local Government must:
• Have in place an established farmland protection program;
• Demonstrate commitment to the long-term conservation of agricultural lands;
• Utilize a voluntary conservation easement or other legal device(s)to protect farmland;
• Have the authority to hold conservation easements or their equivalent;
• Have sufficient funds available for easement/interest acquisition; and
• Demonstrate the capability to acquire, manage, and enforce easements and other interests
in land.
Agricultural Land must:
• Principally contain prime, unique and/or farmland of statewide or local importance;
• Be a part of a systematically protected area;
• Be in an area with access to agricultural markets;
• Contain infrastructure appropriate for supporting agricultural production; and
• • Be faced with urban development pressure.
Priority is given to easements that protect the Nation's most threatened prime, unique, and
important farmland, or historical and archaeological sites on farmland. The following priorities
are considered in the ranking system:
• Easements that provide permanent protection from conversion to non-agricultural use;
• Conservation easements are preferable to fee title acquisition;
• Easements acquired by entities that have extensive experience in managing and enforcing
easements, adequate staff to manage stewardship responsibilities, and sufficient oversight
requirements;
• Lands that link to other governmental organizations' efforts with complementary
farmland protection objectives (i.e., open space,watershed and wildlife protection);
• Lands that provide special social, economic, and environmental benefits to the region;
and
• Geographic regions where the enrollment of particular lands may help achieve National,
State, and regional goals and objectives.
The process for application consists of the following steps:
1. A landowner submits an application to the City;
• 2. When funds are available, NRCS publishes a Request for Proposals (RFP) to solicit
funding proposals from eligible entities;
3. Applications are submitted to the NRCS State conservationist;
4. The NRCS determines entity and land eligibility;
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5. The NRCS may consult with the State Technical Committee to rank the parcels based on
the State FPP plan, Land Evaluation Site Assessment (LESA) system, or similar land
evaluation system;
6. The NRCS makes awards based on the funds provided by the NRCS National office; and
7. The NRCS enters into a cooperative agreement and funds are then obligated to the entity,
allowing the City to begin purchase of conservation easements or other interests in land.
There are additional programs to assist the farmer. One is called the "Environmental Quality
Incentive Program" which helps farmers with little or no means to farm. The funding levels for
Washington State will be approximately $6 million in 2002 and by 2006 an anticipated $1.1
billion (cost sharing up to 90%) will be made available to assist farmers with over 228 different
practices (i.e. switch from conventional to organic farming, acquire irrigation, soil testing and
amending, etc.).
There is also the "Conservation Reserve Enhancement Program" (CREP) that financially assists
farmers who choose to establish buffers planted with indigenous trees and shrubs along streams
and rivers for a minimum of 15 years. These sorts of buffers or others that may be developed
within jurisdictions have been viewed by the GMA as important for the protection of critical
areas, particularly riparian buffers. The programs need to be cooperative and incentive-based,
and are comprehensive, achieve the needed habitat and water quality outcomes over time, and
are implemented with a high degree of certainty. The CREP funding pays for the planting and
then$250/acre for the next 15 years.
FarmLink PROGRAM
Since 1999, the State's FarmLink program has converted 15 farms totaling 400 acres from fallow
to cultivated agricultural land. King, Snohomish, Skagit, and Pierce Counties are active sponsors
of the program. The intent of the program is to help ensure that working farms remain in
agricultural production. The program connects people with the resources and technical expertise
necessary to achieve the goals of the program. FarmLink is a joint project of the King County
Agricultural Commission and the Snohomish County Agricultural Advisory Board.
FarmLink assists with the following:
• Farmers who want their operation to continue after they retire;
• Farmers facing operational and/or transitional challenges;
• Current or former farm managers who want to eventually own their own farm;
• Agricultural service providers seeking new career opportunities;
• Landowners with underutilized or unused farmland;
• Farmers looking for a partner to operate a new enterprise on their farms; and
• Beginning farmers who have the knowledge and desire for agricultural activities,but lack
land.
KING COUNTY PDR PROGRAM
• In 1978-79 King County residents approved a $50 million dollar bond sale to finance the
Purchase of Development Rights (PDR) from productive agricultural land that were voluntarily
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offered to the program. The program was both a farmland preservation and open space program.
Because of the combined programs, development rights were purchased without consideration of
existing wetlands. In 1995, voters approved another open space bond sale and some of the funds
were allocated to the farm preservation program, which brought the program's funding up to
$3.5 million. While King County has purchased some properties fee simple, the majority of
properties have had their property rights purchased, leaving the land within private ownership.
Recently, the County purchased the 25-acre Torrance property located within the Upper Green
River Agricultural Production District. In 2001, they accepted applications to rent the property
for one year, with a 5-year lease option for the purpose of bringing certainty to the farmers.
They had many more applicants than land. Presently they have 4 tenants (i.e. renting 10 acres, 9
acres, 3 acres and 1 acre plots). Because of the'unimproved nature of the land (i.e. no water, no
field road access, and poor fencing and gate for security) the rent is $150/acre/year. When
improvements are made King County anticipates increasing the rent to what the "going lease
rate" for farmland is locally,which is $250/acre/year.
It has never been the intent of the County to be a property owner of agricultural lands. Land
ownership brings responsibilities concerning potential risk management if buildings or other
potential hazards exist, issues of maintenance, and a need to arrange for and manage tenant
farmers. The County's long-term goal is to sell all agricultural lands with a conservation
easement as the mechanism for preservation.
PROPOSED PDR/TDR AGRICULTURAL PRESERVATION PROGRAM
The Land Use and Planning Board recommended expansion of staff s proposed Transfer of
Development Rights (TDR) preservation program to include a Purchase of Development Rights
(PDR) program and expansion of the TDR program to include regulatory incentives. To meld
these two preservation programs takes an understanding of the landscape's ecology. Wetlands
are scattered throughout the proposed TDR receiving areas and Agricultural Resource Land. The
ability of the land to absorb development rights as a TDR receiving area or the amount of
development rights available in a PDR program varies depending on the size and quality of
wetlands that exist.
The proposed PDR program is fashioned after Bainbridge Island's, which is similar to King
County's program. The intention of Kent's PDR program is to provide funding for landowners
to realize the equity in the land's development potential, unlike Bainbridge Island's program,
which also purchases open space. Another key difference with the two programs as proposed, is
that Bainbridge Island set up a seven-member selection committee that reviews all applications
and advises the City Council on the selection of eligible lands. Due to the small number of
landowners potentially participating in either preservation program, Kent staff could manage
both programs using the priority criteria outlined in the proposed PDR language. The following
proposed criteria would prioritize the use of PDR funding:
1. Agricultural lands that the owner must sell because of the owner's age or infirmity or
because of economic pressure;
2. Agricultural lands that have a larger amount of land not impacted by building;
3. Agricultural lands that have available the infrastructure for agricultural use(i.e.,
transferable water rights); and
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4. Agricultural lands that are adjacent to existing agricultural lands.
The covenant language ensures that the development rights will be held in perpetuity and the
land will be set aside for agricultural uses. There is, however, an exception allowed through
action by the City Council when they find it necessary to acquire public road, utility, or flood
protection easements.
Determining the funding for a PDR program is complicated by the concurrency of the TDR
program and the fact wetlands have not been delineated. The City updated its wetland inventory
in 2001. Many of the wetlands appear to have expanded since the 1999 inventory was
completed. Only a wetland delineation would clarify the dimension of the wetlands and
characterize the quality of wetland, which is essential for the City to apply the appropriate buffer.
Because wetlands are a dynamic system, a wetland delineation conducted today would certainly
change by the time density credits were transferred to a TDR receiving site or an appraisal is
conducted for the PDR program, making it premature to conduct expensive wetland delineations
at this time.
An additional variable in determining the funding for a PDR program is market value. Few
agricultural lands have been sold within the lower Green River in the past few years. Those that
have been sold may not have much in common. Recently the Torrance property (i.e., 25 acres)
located in the Lower Green River Agricultural Production District was purchased by King
County as fee simple land for $100,000/acre. In 1998, Kent purchased 50.05 acres within the
Agricultural (A-1) zoning district for $12,871/acre for a future ball field complex. The value and
purchase price of development rights in the Agricultural Resource Land will be determined by a
professional appraiser as described in the "Selection Process" in the PDR program. The value
would be based on A-1 density of 1 dwelling unit/acre with consideration of existing wetlands
and their associated buffers, any additional buffers (i.e., Frager Road, Green River, existing
creeks), and costs associated with development. The price for development rights will vary.
The proposed PDR program provides flexibility. Annually the staff administrator will bring
forward recommendations from applications that have gone through the selection process. City
Council will take final action on the recommendation. The appropriation of funds will be
through a subsequent ordinance. This program can be ongoing at the Council's discretion and is
intended to complement the proposed TDR program.
Staff will be available at the June 4th committee meeting to answer questions or provide further
information.
CA\GW\pm S:\Permit\PlanlCompPlanAmdments\2001\2004535-cpa2000-3Council-PC-060402.doc
cc: Fred N.Satterstrom,AICP,Community Development Director
Charlene Anderson,AICP,Planning Director
Gloria Gould-Wessen,GIs Coordinator/Planner
File
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519.01 General Page 1 of 2
Part 519 Farmland Protection Program
Subpart A General Information
519.01 General
a Introduction
The goal of the Farmland Protection Program (FPP) is to protect prime or unique farmland or statewide
and local important farmland from conversion to nonagricultural uses. The program will preserve valuable
farmland for future generations. This goal will be achieved by working cooperatively with State, Tribal,
and local government entities.
b Authority
Title III, Section 388 of the Federal Agriculture Improvement and Reform Act of 1996 (1996 Farm Bill)
authorizes the FPP (Public Law 104-127, 16 U.S.C. 3830.)
c Applicability
The FPP applies to all 50 States, the District of Columbia,the Commonwealth of Puerto Rico, Guam, the
Virgin Islands of the United States,American Samoa,the Commonwealth of the Northern Mariana
Islands, and the Trust Territory of the Pacific Islands.
d Background
The 1996 Farm Bill authorized the Secretary of Agriculture to establish and carry out a Farmland
Protection Program to assist State, tribal, and local government entities(including municipalities and
conservation districts) in implementing their farmland protection programs.
e Program Objective
The objective is to acquire conservation easements or other interests in land to prohibit nonagricultural
uses of productive farmland. This objective will be achieved by working cooperatively. The land should be
prime or unique farmland or farmland of statewide or local importance that is subject to a pending
easement offer (See section 519.10c for the definition of pending easements) from a State, Tribal, or local
government entity.
f Purpose
The purposes of the Farmland Protection Program are to:
• Preserve farmland for future generations.
• Protect strategic farmland from urbanization.
Additional considerations are to:
. Sustain rural economic stability and development.
• Maintain, restore, and enhance ecosystems.
• Protect historic landscapes and scenic beauty.
Note 1: The FPP is designed to provide matching funds to State, Tribal, or local government entities that have
farmland protection programs and acquire easements or other interests that prohibits farmland from
conversion to nonagricultural uses. 3
Note 2: State, tribal, or local government entities must have an ACTIVE purchase of agricultural conservation
easements (PACE) program to participate in the FPP. (See Section 519.10.) n
G
• g Definitions
The definitions of farmland, as defined in Section 1540 (c)(1)of the Farmland Protection Policy Act of
1981, as amended, 7 U.S.C. 4201 et seq., are as follows:
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519.01 General Page 2 of 2
Prime Farmland is land that has the best combination of physical and chemical characteristics for producing
food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides,
and labor,without intolerable soil erosion, as determined by the Secretary. Prime farmland also includes land
that possesses the above characteristics but is being used currently to produce livestock and timber. It does
not include land already in or committed to urban development or water storage.
*Unique farmland is land other than prime farmland that is used for the production of specific high value
food and fiber crops,as determined by the Secretary. It has the special combination of soil quality,
location, growing season,and moisture supply needed to economically produce sustained high quality or
high yields of specific crops when treated and managed according to acceptable farming methods.
Examples of such crops include citrus,tree nuts, olives, cranberries, fruits, and vegetables.
Farmland is land other than prime or unique farmland, that is of statewide or local importance for the
production of food,feed,fiber,forage,or oilseed crops, as determined by the appropriate State or unit of
local government agency or agencies, and that the Secretary determines should be considered as
farmland for the purposes of this subtitle.
Note: Other productive soils covered in the FPP refers to the definition of farmland as described above.
i
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519.02 FPP Administration and Implementation Responsibilities Page 1 of 3
519.02 FPP Administration and Implementation Responsibilities
a Introduction
FPP funds are from the Commodity Credit Corporation (CCC). The U.S. Department of Agriculture
(USDA) Natural Resources Conservation Service (NRCS)administers the FPP. NRCS develops policy,
procedures, and guidelines to carry out the FPP. In coordination with NRCS, the Farm Service Agency
(FSA)is responsible for making payments to cooperating entities.
b Funding Request
When FPP funds are available, NRCS publishes a request for proposals (RFP)in the Federal Register.
State, Tribal, or local government entities that have pending easements or other instruments that meet
the program eligibility requirements may submit their proposals to NRCS state offices during the
application window. (See section 519.10 and paragraph 519.13c.)
c Fund Allocation
The Chief of NRCS allocates funds based on consolidated or prioritized proposals submitted by the
NRCS State Conservationists (STC).
Note 1: Each STC will prepare a proposal based on the response to the RFP within the State. If more
than one eligible proposal is received, the STC may consolidate proposals and determine the priority of
the pending offers for selection. The proposal(s) is provided to the Chief of NRCS for funding allocation
decisions.
Note 2: Factors that may be used in allocating funds include, but are not limited to, an entity's:
• Comprehensive approach with other legal devices to support the easement acquisition program
• Commitment to long-term farmland protection
• Success or quality of the overall program
• • Magnitude and quality of the resources protected
• Funds available for easement acquisitions or other interests
• FPP leveraging benefits
d Payments
Each STC will designate at least three persons for payment certification. The NRCS State Office will send the
authorized payment certification personnel's names, phone numbers, and their ORIGINAL signatures(section
519.20, Exhibit A) to FSA Kansas City Management Office(FSA-KCFO) at the following address for records:
USDA-FSA-KCFO, FOD
Payment Certification Branch-Stop 8578
P.O. Box 419205
Kansas City, MO 64141-6205
Attn: Mr. Michael Rohlwing
Cooperating entities will submit a Request for Advance or Reimbursement Form (section 519.21, Exhibit B,
SF-270 and SF-270 example)and the required documents to the NRCS State Office requesting payment
after acquisitions are completed. When all documents are adequate and sufficient, authorized NRCS
personnel will certify and forward SF-270 to FSA-KCFO for payments.
To receive payment, cooperating entities must establish Automated Clearing House (ACH)accounts with
financial institutions of their choice using ACH Vendor/Miscellaneous Payment Enrollment Form (See section
519.22, Exhibit C SF-3881.)The SF-3881 replaces the previously approved Automated Clearing House
Payee Participation Notice (KC-352). Entities that have already established ACH accounts using KC-352
need not re-apply.
Note 1: NRCS State Office is responsible for updating payment certification personnel files with FSA-KCFO
whenever there are personnel turnovers.
Note 2: Cooperating entities, in quarterly intervals, shall make requests for payment.
Note 3: Detailed payment operating procedures established between NRCS and FSA are attached for further
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519.02 FPP Administration and Implementation Responsibilities Page 2 of 3
information. (See section 519.23, Exhibit D)
e National-Level Responsibility
National-level responsibility includes:
• Providing overall program leadership, including publishing and evaluating the Request for Proposals.
• Developing, maintaining, and ensuring that policies, guidelines, and procedures are carried out to meet
program goals and objectives.
• Allocating funds based on national considerations.
• Monitoring and assisting program implementation.
• Coordinating with the Office of the General Counsel to ensure the legal sufficiency of the cooperative
agreement and the standard easement deed or other instrument used by the cooperating entity.
• Consolidating and maintaining a national database on the program status.
• Coordinating and developing program outreach material, including FPP brochures and success stories.
• Oversight of program implementation at the State, area, if any, and field levels.
• Operations management to achieve program goals and ensure outreach to all potential program
beneficiaries.
f Regional-Level Responsibility
The Regional-level of responsibility will be those activities as designated by the NRCS Chief or by the
Deputy Chief for Programs.
g State-Level Responsibility
State-level responsibility includes:
• Verifying the eligibility of the cooperating entities. (See section 519.10.)
• Assisting the potential cooperating entities to develop proposals. (See section 519.12)
• Assisting with developing of a land evaluation site assessment system (LESA)to evaluate each proposed
site.
• Evaluating, consolidating and/or prioritizing proposals submitted in response to the RFP based on LESA
and other evaluation tools.
• Coordinating with the national office and the Office of the General Counsel to ensure the legal sufficiency
of the cooperative agreement and the standard easement deed used by the cooperating entity.
• Signing and monitoring cooperative agreements for the Commodity Credit Corporation (CCC)with the
selected cooperating entities.
• Maintaining a database of the signed cooperative agreements.
• Submitting original signatures of payment certification personnel to FSA-KCFO and updating file records
with FSA-KCFO.
• Assisting cooperative entities to ensure that a conservation plan is developed and implemented.
• Ensuring that a contingent right in the United States of America statement is included in the easement
deed or other instrument prior to certifying for payment.
• Ensuring that all documents are adequate and sufficient, as noted in the cooperative agreement, prior to
certifying for payment.
• Certifying payments and forwarding payment certifications to FSA-KCFO.
• Monitoring and ensuring program implementation.
• Ensuring that implementation is in compliance with Federal environmental and historic preservation laws.
• Maintaining a database on acquired easements or other interests and providing the information to the
national office on a quarterly basis for national database compilation. (See section 519.24, Exhibit E)
• Working with the State Technical Committee, if desired, to ensure that program delivery meets program
goals and objectives.
• Developing and maintaining cooperative relationships with all partners at the State level.
• Approving conservation plans if Conservation District is unable to do so.
• Marketing program opportunities and providing outreach to State, tribal, and local government entities.
• Coordinating and informing area offices, if any, and field offices in program implementation.
h Area -Level Responsibility
The Area-level of responsibility includes those activities designated by the STC.
. i Field-Level Responsibility
Field-level responsibility includes the following:
• Assisting, coordinating, and providing program information to local workgroups and other entities.
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519.02 FPP Administration and Implementation Responsibilities Page 3 of 3
. Carrying out field identification and providing acquired parcel information.
• Assessing impacts on natural and cultural resources protected by Federal environmental and historic
preservation laws.
• Assisting in developing a local land evaluation and site assessment system (LESA) to be used to
evaluate proposed sites.
• Assisting in evaluating proposed sites.
• Providing technical assistance in developing conservation plans and implementing conservation
measures.
. Assisting in monitoring program implementation.
. Assisting in conducting program outreach and marketing at the field level including collaboration with
county extension agents.
Developing and maintaining cooperative relationships with all partners at the local level.
•
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519.03 Other Agency Responsibilities Page 1 of 1
519.03 Other Agency Responsibilities
a Conservation District Responsibility
Conservation Districts shall be responsible for the following:
• Assisting NRCS with the development and implementation of conservation plans.
• Reviewing and approving the conservation plan.
• Assisting with education and outreach efforts in their district.
b Cooperating Entity Responsibility
In concert with the cooperative agreement, the cooperating entity shall be responsible for the following:
• Carrying out necessary legal and administrative actions to ensure proper acquisition and recordation of
the conservation easement or other interest instrument.
• Coordinating with NRCS and ensuring legal sufficiency of the conservation easement deed or other
interest instrument, including the requirement of b conservation plan and a contingent right in the United
States of America.
• Holding title to conservation easements or other protection devices.
• Ensuring that the easement is managed according to the conservation plan developed and approved
according to the NRCS standards and specifications.
• Managing, monitoring, and enforcing the conservation easement acquired.
• Submitting status reports to NRCS when requested.
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519.10 Program Eligibility Page 1 of 1
Subpart B Program Requirements
•519.10 Program Eligibility
a Cooperating Entity's Eligibility Requirements
State Conservationists shall determine program participation eligibility. A cooperating entity must:
• Have established a farmland protection program.
• Have demonstrated commitment to the long-term conservation of agricultural lands.
• Utilize a voluntary easement purchase or other legal device(s)to protect farmland.
• Have the authority to hold conservation easements or their equivalent.
• Have sufficient funds available for easementlinterest acquisition.
• Demonstrate the capability to acquire, manage, and enforce easements and other interests in land.
Note :Tribal entities include Federally recognized tribes.
b Land Eligibility
There must be documents made by State, tribal, or local government entities or other cooperating
entities, showing a pending offer to acquire a conservation easement/interest is submitted by one or more
willing landowners.
• The farmland must principally contain some combination of prime, unique, and/or farmland of statewide or
local importance.
• The farmland must be a part of a systematically protected area.
• The farmland must be in an area with access to agricultural markets for its products and must have
infrastructure appropriate for supporting agricultural production and other support services.
• The farmland must face development pressure.
Note 1: Incidental lands that would not otherwise be eligible but would significantly augment the
associated farmland being protected will be considered.
Note 2: Land that is already subject to an easement or other deed restrictions that prevent its conversion
to non agricultural use is not eligible.
Note 3: Farming on the Edge II (American Farmland Trust, 1997) is a reference to determine the urban
development pressure. Other factors such as the loss of prime farmland, population increases, the rate of
population increases, etc., can be found in the NRCS National Resource Inventory, Census of
Agriculture, and Census of Population.
c Pending Offer Definition
A Pending Offer means a bid extended to a landowner by a State, tribal, or local government entity to
acquire an easement to prohibit nonagricultural uses of the land before the legal title to those rights has
been conveyed.
Note: During the application window, a proposal will include a list of prioritized pending offers.
Documentation illustrating intent will suffice.
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519.11 Easement Limitations Page 1 of 1
519.11 Easement Limitations
. a Background
The purpose of the FPP is to keep agricultural land that is prime, unique or farmland of state or local
importance in agricultural production for future generations. Therefore, the following limitations must apply
to the land where an easement or other interest is acquired in part with FPP funds:
b Limitations
The following list of limitations apply to any land where an easementlinterest is acquired in part with FPP
funds:
• The land is limited to agricultural use for a minimum of 30 years.
• A conservation plan must be developed for all land covered by an easement.
• The conservation plan must be approved by the local Conservation District or NRCS State
Conservationist.
• The plan must be implemented and maintained according to the plan's schedule.
• Mineral, oil, and gas rights issues,whether leased or deeded, must be addressed as part of the
conservation plan and approved by the STC.
Note 1: A conservation plan must be developed as soon as possible. Except for the highly erodible land
(HEL),the parcel acquired with FPP financial assistance is not subject to conservation compliance.
However, the land with the easement/interest must be managed in accordance with a conservation plan.
Note 2: NRCS will provide technical assistance in developing and implementing a conservation plan.
However, it is the cooperating entity's responsibility to ensure that the land is managed according to the
conservation plan.
Note 3: The cooperating entity must establish regular management and monitoring procedures to ensure
that land stewardship goals are met.
a
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519.12 Easement Assessment and State Level Prioritization Page 1 of 1
519.12 Easement Assessment and State Level Prioritization
• a Introduction
The State Conservationist will coordinate with cooperating entities and develop a statewide priority list
before submitting a proposal to the National Office for consideration. The proposal will be forwarded
through the NRCS Regional Office.
b Proposals
A statewide proposal submitted for national consideration must include:
• An overview of the State,tribal, or local farmland protection program(s)and the strategy.
• A map identifying areas that have already been protected and will be protected.
• A document identifying funding source(s)and the amount available for easement/interest acquisition.
• The parameters and the values of a land evaluation and site assessment system used by the entity to set
the acquisition priorities.
• A list of prioritized pending easement/interest offers that includes:
• The description of the land parcel and its location relative to other protected parcels and agricultural
protection areas
• The size of the parcel in acres
• The acres of the prime, unique, statewide or local important farmland in the parcel
• The proposed easement/interest price
• The type of easement/interest
• An indication of the accessibility to agricultural markets
• An indication of an existing agricultural infrastructure and other support system
• The level of threat from urban development based on a land evaluation and site assessment
• Any other factors used for easement/interest acquisition
c Suggested Criteria for Ranking Priorities
• The suggested criteria for ranking priorities includes:
• Use of an evaluation and ranking system, such as the Land Evaluation and Site Assessment(LESA)
system or other resource assessment device, to evaluate applications for the land protection program.
• An assessment of the overall magnitude and quality of the resources to be protected.
• An evaluation of the type of easements or other interests to be acquired.
• An analysis of the potential effects, both beneficial and adverse, to protect natural and cultural resources.
• An analysis of the potential benefits through leveraging with FPP funds.
• Other criteria as determined by a State,tribal, or local government entity.
Note 1: Priority may be given to areas that are part of a mass tract agricultural land protection plan that
ensure the long-term protection of agricultural land.
Note 2: Conservation easements or other devices that preclude development are preferable to fee title
acquisition.
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519.13 Easement Acquisition Page 1 of 1
519.13 Easement Acquisition
• a Introduction
To ensure flexibility of the program, USDA will provide two methods for acquiring easements or other
interests.
b Methods
The easement or other interest may be acquired by either of the following:
• The United States, through the CCC, enters into a cooperative agreement with a State, tribal,or local
government entity to provide matching funds, up to 50 percent of the purchase price,for the purpose of
acquiring easements or other interests in land to protect farmland from conversion to nonagricultural
uses.
• The cooperating entity carries out the actual acquisition process, holds title to the easement(s), manages,
monitors, and enforces the easement(s)with the'United States holding a reversionary interest. (See
section 519.14)
Note: This is the preferred method.
The United States, through CCC, may acquire the easement(s)or other interests in land that have a
pending offer from a State, tribal, or local government entity. For example, this option may be considered
where the United States holds or will hold an easement on the adjacent land.
c Interests in Land Definition
Interests in land means any right in real property recognized by State law, including fee title, easements, or
development rights; or reserved, reversionary or other future interests.
The Federal share of the easement/interest price is based on the purchase price recorded on the
•easement deed or other instrument.
If a CRP contract exists on the land, a discount may be considered in determining the easement/interest
price if the CRP payments are considered to be significant.
d Title to Easement Holder
The cooperating entity will hold title to the easements/interests.When requested and approved by USDA,
the cooperating entity and a non profit organization may co-hold title to the easements/interests. Unless
otherwise approved by USDA, non profit organizations shall not be the sole holders of easement/interest
titles.
•
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519.14 Cooperative Agreements Page 1 of 1
519.14 Cooperative Agreements
a Background
A cooperative agreement is the legal contract with which the Federal Government establishes
partnerships with State, tribal, or local government entities. This agreement provides the needed flexibility
at the State or local level for meeting program goals and objectives. A copy of the standard cooperative
agreement is attached atsection 519.25, Exhibit F.
b Requirements
The following items must be incorporated into the cooperative agreement:
• Attach a list of pending easement/interest offers with the following information:
• The identification of the land parcel(s)to be acquired
• The landowner's name(s)
• The type of easement or other interest to be acquired
• The estimated easement/interest price and the percentage of the Federal share
• Identify the holder of the easement or other interests in the land to be acquired in part with FPP funds.
Notel: A reversionary clause to the United States must be included. This reversionary clause permits
USDA to protect the interests of the United States when an agreement with the cooperating entity or a
landowner is voided.
Note 2: Title to the easements/interests must be held by a cooperating government entity. However, when
agreed among all parties, non-governmental organizations may co-hold title to the easements.
• Identify the entity that manages and enforces the easement or other interests in land.
Note 3: After consultation with the USDA, a cooperating government entity may assign non-governmental
organizations to manage and enforce the easement/interest.
• • State the types of technical assistance that will be provided by NRCS, including developing a
conservation plan.
• Identify the land to be managed according to the approved conservation plan.
• Set out the funding arrangements between NRCS and the cooperating entity including potential sources
and/or distribution of funding.
c Violations
In the event that a violation occurs, NRCS shall notify the cooperating entity and set a time frame to
correct the violation. NRCS will provide technical assistance to the landowner and/or the cooperating
entity. However, it is the cooperating entity's responsibility to enforce the terms and conditions of the
easement/interest. If the violation is not corrected, NRCS may take actions according to the cooperative
agreement.
A violation is considered to have happened if any of the following occurs:
• The land is converted or developed to nonagricultural uses.
• The conservation plan is not implemented.
• Damage or destruction occurs to the resources identified for protection in the conservation plan.
• The terms and conditions of the easement/interest are violated.
d Appeals
The FPP is a non-title XII conservation program. All appeals of technical decisions will be administered
according to CPM Part 510, Subparts C, D & F and 7 CFR Part 614, Subparts A and C.
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519.20 Exhibit A - Certification of Payment Page 1 of 1
Subpart C Exhibits
•519.20 Exhibit A - Certification of Payment
Click here f or a link to form Certification of Payment.
•
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. United States of America
Commodity Credit Corporation
Farmland Protection Program
Certification for Payment
List of Authorized Personnel Name and Signature
Natural Resources Conservation Service
Date: [ ]
State: ( ]
Name Position Phone Signature
Number
•
519.21 Exhibit B - SF-270, Request for Advance or Reimbursement Page 1 of 1
519.21 Exhibit B - SF-270, Request for Advance or Reimbursement
Click here to obtain a copy of the SF-270
• Click here for an example of a completed SF-270.
•
S
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519.22 Exhibit C - SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form Page 1 of 1
519.22 Exhibit C - SF-3881, ACH Vendor/Miscellaneous Payment Enrollment Form
Click here to obtain a copy of the SF-3881.
•
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519.23 Exhibit D - Farmland Protection Program Operating Procedures Page 1 of 1
519.23 Exhibit D - Farmland Protection Program Operating Procedures
Click here f or a li nk t o Exhibit D.
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FINANCIAL MANAGEMENT PROCEDURES
BackEround
The FPP is administered by NRCS and paid using CCC funds. NRCS reimburses States,
Tribes, or local governments for costs incurred in purchasing conservation easements or
other interest in land with prime,unique, or other productive soil for the purpose of
protecting topsoil by limiting nonagricultural uses of the land.
NRCS and FSA have entered into an agreement whereby payments for the Federal share
of the easement costs under the FPP will be issued by the Kansas City Finance Office
(KCFO)based on payment certification provided by NRCS. (The KCFO is the former
Kansas City Management Office (KCMO).)
Contract Administration
NRCS is responsible for contract administration and enters into a cooperative agreement
with the participating agency,maintains the file, and ensures the terms of the agreement
are fulfilled. All cooperative agreements will be assigned a unique NRCS agreement
number beginning with the 2 digit FPP contract series number of"73" as per NRCSAR
Circular No. 7 Part 4 Contract Numbering System.
Funds Control
NRCS will comply with the program spending limits set by the Office of Management
and Budget and track the obligation and payment transactions for each cooperative
agreement. NRCS records the obligation in FFIS after NRCS and the participating
agency has signed the cooperative agreement. NRCS maintains a tickler file of all the
SF-270 (Request for Advance or Reimbursement) documents sent to KCFO for payment.
KCFO makes the payment to the participant based on the NRCS certified SF-270 and
interfaces the payment data to NRCS. The payment data will be developed in a Data
Warehouse Report and provided to each state for data entry into FFIS and reconciliation
with the SF-270 tickler file.
Certification of Payment
NRCS provides KCFO with a list of names and original signatures of those NRCS
employees authorized by the agency to approve the SF-270 document as request for CCC
payment. The State Conservationist must sign the memorandum that provides the list of
names and original signatures to KCFO at the address shown below. This is a one-time
requirement—this notification does not need to be repeated each time a payment request
is submitted to KCFO for CCC disbursement. If there is any change to the list of
authorized NRCS employees(e.g.,retirement, change of duties,etc.)then a memo,
signed by the State Conservationists, must be sent to KCFO specifying the name(s)to be
deleted and the name(s)to be added. Send a copy of the memo to the RCCD Division.
Mail the information to KCFO to the following address:
10
USDA, KCFO,FOD
Payment Certification Branch— Stop 8578
Attn: Mike Rohlwing
P.O. Box 419205
Kansas City,MO 64141-6205
The Form SF-270 will be used to request, certify, and approve the payments for the FPP.
It can only be certified by the NRCS certifying officers who have their original signatures
on file at KCFO.
Electronic Funds Transfer(EFT) requirements
EFT is the preferred method of making CCC payments to payment recipients. Click
here for a link to the SF-1199A. Provide KCFO a completed SF-1199-A, Direct
Deposit Sign-up Form, or an FFAS-12,Electronic Funds Transfer(EFT)Hardship
Waiver Request,with payment request for first time program participants. Click here
for a link to the FFAS-12.
After the participating agency has: 1) completed the contractual requirements and
2) paid the FPP participant(s) the participating agency should:
• Send the NRCS state office a completed and signed SF-270.
. • Send a completed SF-1199-A or FFAS-12 attached to SF-270 for the initial payment
only.
• Attach on a separate piece of paper, the landowner's names, acres acquired,term of
easements, amounts paid,CCC share of the easement cost, and dates payments were
made to the participants.
• Include a copy of the easement deed for the NRCS state office to maintain.
Upon receipt of a completed& signed SF-270,NRCS will:
• Date stamp the SF-270.
• Ensure the program requirements have been met.
• Ensure the contingent right clause is in the deed.
• Ensure funds are available for payment.
• Complete the information required in the SF-270 "This space for agency use"block
• Maintain a copy of the SF-270 sent to KCFO.
• Maintain copies of the easement deed on file.
• send the completed&certified SF-270 and participant's attached list to:
USDA,KCFO,FOD
Payment Certification Branch—Stop 8578
Attn: Mike Rohlwing
P.O. Box 419205
Kansas City,MO 64141-6205
• Enter FAADS data, if applicable,using Code for Federal Data Assistance (CFDA)
number 10.913. FAADS reporting is not required for Federal and state government
payees.
In the SF-270 block labeled"This space for asency use" NRCS must include a:
• 2 digit payment type code
* "FP" for payments made in the same fiscal year the contract was entered
* "FL" for payments made after the fiscal year the contract was entered
• 2 digit fiscal year of contract
• NRCS assigned cooperative agreement number(maximum of 11 alphanumeric)
* same cooperative agreement number obligated in FFIS
• NRCS assigned 2 digit suffix(2 numeric)
* last two numbers"Ol"of the document line number"001"reflected in HIS
• NRCS assigned payment application number(maximum of 3 alphanumeric)**
• Name, signature, and telephone number of NRCS certification official.
• Dollar amount of the payment KCFO should make to the participating agency.
" The payment application number is required in order to track each SF-270. The
payment application number is the same 3-digit number required in Block 5. The initial
SF-270 submitted for each cooperative agreement should have a payment application
• number of"001". Additional SF-270's that are submitted for the same cooperative
agreement should be numbered sequentially. For example,the second SF-270 submitted
for the same cooperative agreement will have a payment application number of"002".
Upon receipt of a certified SF-270,KCFO will:
• Verify the certifying officer's signature with the original signature on file at KCFO.
• Contact the NRCS-CCC liaison for action when discrepancies arise with the SF-270
certification.
• Determine Prompt Payment interest for payments not made within 30 days of date
stamp on SF-270.
• Make an EFT payment to participating agency in accordance with SF-270.
• Manually enter payment information in KCFO's Centralized Disbursement System.
• Update the KCFO payment file whenever a payment is made.
• Include a separate transaction for any applicable prompt payment interest amount.
• Provide NRCS monthly transaction disbursement reports.
• Send a disbursement statement for payments made prior to automation of KCFO's
system.
If EFT payment is made,the record will be transmitted to the Kansas City Federal
Reserve Bank for deposit to the participant's account at the elected financial institution
and should be in the participant's account the next working day. KCFO will mail the
payee a Disbursement Statement.
•
If a waiver has been filed,payment will be issued by CCC-374, Commodity Credit
Corporation Check. KCFO will follow established standard operating procedures for
payment verification and approval.
If a collection is necessary due to a contract violation or overpayment,NRCS will :
• Send a notification letter to the participating agency and send KCFO a copy at the
following address:
USDA,KCFO, DMD
Debt Collection Branch, Stop 8568
Attn: Cathy Bianchi
P.O. Box 419205
Kansas City,MO 64141-6205
The notification letter should include the:
• Participating agency's identification number.
• Amount to be collected.
• Program that the payment was issued.
• Contract number.
• Reason for the collection.
• Participating agency's appeal rights.
KCFO is responsible for entering the information in KCFO's database and processing
any collections received. KCFO will follow the Debt Collection Procedures after NRCS
send the original verification letter.
519.24 Exhibit E - Payment Status Page 1 of 1
519.24 Exhibit E - Payment Status
Click here to obtain a copy of the payment status table.
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519.25 Exhibit F - Draft Cooperative Agreement Page 1 of 1
519.25 Exhibit F - Draft Cooperative Agreement
• Click here for a link t o Exhibit F.
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Agreement No.
COOPERATIVE AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
and the
[State/county/local government]
for.the
FARMLAND PROTECTION PROGRAM
This Cooperative Agreement,made this_day of . 1998 is entered
into by and between the United States of America,by and through the Commodity
Credit Corporation(CCC)and the Natural Resources Conservation Service(NRCS)
(hereinafter"the U.S."), and the [Farmland Protection Division], [State/County/Local
Government] for the implementation of the Farmland Protection Program(FPP). The
CCC shall utilize the expertise and services of its various agencies of the U.S.
Department of Agriculture, including the NRCS and the Farm Service Agency(FSA).
For purposes of this Cooperative Agreement, the term"Parties"refers collectively to the
U.S. and the [State/county/local Government].
I. AUTHORITY.
This Cooperative Agreement is entered into by the United States under the
authorities of the Commodity Credit Charter Act, 15 U.S.C. 714 et seq.; section 388 of
the Federal Agriculture Improvement and Reform Act(Public Law 104-127, 16 U.S.C.
3830 note); and the Soil and Conservation Domestic Allotment Act(Public Law 46, 16
U.S.C. 590a et seq.). The CCC administers the FPP under the general supervision of the
Chief of NRCS, who is a Vice President of the CCC.
II. BACKGROUND AND PURPOSE.-
Enacted on April 4, 1996, section 388 of the Federal Agriculture Improvement
and Reform Act authorizes the Secretary of Agriculture to purchase conservation
easements or other interests in land with prime,unique,or other productive soil that is
subject to a pending offer from a State, tribe, or unit of local government for the purpose
of protecting topsoil by limiting nonagricultural uses of the land. On March 20, 1998,
CCC published a notice in the Federal Register requesting proposals for participation
from States, tribes, and units of local government. See 63 FR 13615.
WHEREAS,the [State/county/local government] and CCC have mutual interests
in preventing the conversion of agricultural lands to nonagricultural uses; and
•
WHEREAS,NRCS and CCC administer the FPP; and
WHEREAS,the [State/county/local government] administers a farmland
protection program, and has pending offers for acquiring agricultural conservation
easements from landowners within the [State/county/local jurisdiction], and therefore,the
U.S. and the [State/county/local government] have agreed to combine their resources to
ensure that such areas are protected from conversion to nonagricultural uses.
Therefore,the parties agree to enter into this Cooperative Agreement.
III. OBLIGATION OF FUNDS
Upon execution of this agreement,the CCC shall obligate the sum of
$ for the acquisition of U.S. interests in conservation easements or other
interests in land. The [State/county/local government] must request payment of this
amount in accordance with Part IV of this Cooperative Agreement by September 30,
2000. After this date, any remaining funds will be released from this obligation.
This Cooperative Agreement is the authorizing document to obligate CCC funds
to acquire easements. The CCC's contribution for the acquisition of each conservation
easement or other interests in land shall not be more than 50 percent of the purchased
price of the conservation easement or other interests in land acquired by the
[Stata/county/local government] and may not be used for closing and related
administrative costs incurred for acquiring the easement or other interests in land.
Attachment A to this Cooperative Agreement specifies the CCC funds to be used within
the [State/county/local government] and includes a list with detailed breakdown of the:
(1)name and mailing address of the landowner, (2)tax map number(s) of the property,
(3) number of acres to be acquired, and(4) estimated easement value. However,nothing
in this document obligates the CCC or[State/county/local government] to purchase all of
the conservation easements or interests in land listed. There may be further additions or
deletions to the list depending on the prices paid for the conservation easements or other
interests in land,the ability to obtain good and clear title, and future funding for
acquisitions after fiscal year 1998. Additions or deletions to the list will be made with
mutual agreement between the Parties to.this Cooperative Agreement.
IV. PAYMENTS
The [State/county/local government] shall notify NRCS when the CCC funds are
to be paid. CCC funds shall be paid to the [State/county/local government] after NRCS is
notified that the conservation easement or other interests in land has been recorded and
the [State/county/local government]has paid the landowner. All standard form easement
deeds utilized by the [State/county/local government] shall be approved in advance by the
NRCS Washington Office or delegated Regional office.
•
The [State/county/local government] will submit Form SF-270 (Request for
Advance/Reimbursement of Funds) and the supplement information specified below to
the NRCS State Office. The [State/county/local government] may submit
the Form SF-270 after all the easements have been recorded and the landowner has been
paid or on a quarterly basis for each quarter that easements have been recorded and the
landowner has been paid.
At a minimum, the following information shall be included in,or attached to,the
SF-270: (1) [State/county/local government], (2)agreement number,(3) easement
contract number, (4)total amount of dollars paid for easement, specifying the CCC share
and the non-CCC share of the easement cost,(5)term of easement,(6) acres acquired, (7)
schedule payment number or final, (8)Tax Identification Number(TIN) for
[State/county/local government], (9) Federal Information Processing Standards(FIPS)
number for [State/county/local government], (10)bank routing number and account
number for desired deposit location,and(11) copy of the easement deed that contains the
contingent right clause as described in Part V of this Agreement.
V. EASEMENT REQUIREMENTS.
A. The [State/county/local government] shall ensure that conservation easements
or other interests in land acquired under this agreement:
1. Run with the land in perpetuity; if a shorter duration is sought,the
[State/county/local government] must secure approval of the NRCS Washington Office.
2. Prevent the land from being converted to nonagricultural uses.
3. Provide for the management and administration of the easement or other
interests in land by the [State/county/local government].
4. Require management of the property in accordance with a conservation plan
that is developed utilizing the standards and specifications of the NRCS field office
technical guide and is approved by the Conservation District.
5. Include the following provision where title is held by the [State/county/local
government]:
"Contingent Right in the United States of America:
In the event that the [State/county/local government] fails to enforce any of the terms of
this easement [or other interests in land], as determined in the sole discretion of the
Secretary of the U.S. Department of Agriculture,the said Secretary of Agriculture and his
or her successors and assigns shall have the right to enforce the terms of the easement
through any and all authorities available under Federal or State law.
In the event that the [State/county/local government] attempts to terminate,transfer, or
otherwise divest itself of any rights, title, or interests of this easement [or other interests
in land] without the prior consent of the Secretary of the U.S. Department of Agriculture
and payment of consideration to the United States,then, at the option of such Secretary,
all right, title,and interest in this easement [or other interests in land] shall become vested
in the UNITED STATES OF AMERICA."
B. Unless otherwise agreed to by the Parties,the [State/county/local government]
shall hold title to any conservation easement or interest in land. However,title may be
held by the United States at the request of the Secretary of Agriculture upon mutual
agreement of the Parties.
VI. RESPONSIBILITIES.
A. United States responsibilities:
1. The United States,by and through the NRCS, shall provide technical and other
services required to develop and implement conservation plans under this Cooperative
Agreement. To ensure that the conservation plan is implemented appropriately,NRCS
will be afforded an opportunity to conduct periodic field visits on lands that are enrolled
in the FPP.
2. The CCC shall, subject to the availability of funds, disburse the appropriate
• funds to the [State/county/local government] in accordance with Part III and IV of this
Cooperative Agreement.
B. [State/county/local government] responsibilities:
1. The [State/county/local government] shall perform necessary legal and
administrative actions to ensure proper acquisition and recordation of valid easements or
interests in land.
2. The [State/county/local government] shall use all awarded funds under this
agreement for the acquisition of conservation easements or interests in land within
approved FPP areas. CCC funds shall pay for not more than 50 percent of the purchased
price of the conservation easement or other interests in land acquired.
3. The [State/county/local government] shall pay all costs of easement
procurement and will operate and manage each easement in accordance with the
[State/county/local] farmland protection program and the FPP. The United States shall
have no responsibility for the costs or management of the easements purchased by the
[State/county/local government]. The [State/county/local government] shall indemnify,
defend, and hold the United States harmless for any costs, damages, claims, liabilities,
and judgments arising from past,present, and future acts or omissions of the
[State/county/local government] in connection with the acquisition and management of
the easements [or other interests in land] acquired pursuant to this Cooperative
Agreement. This indemnification and hold harmless provision includes,but is not limited
to,acts and omissions of the [State/county/local government] agents, successors, assigns,
employees, contractors, or lessees in connection with the acquisition and management of
the easements acquired pursuant to this Cooperative Agreement which result in: (1)
violations of any laws and regulations which are now or which may in the future become
applicable, and including but not limited to the Resource Conservation and Recovery Act,
as amended,42 U.S.C. 6901 et seq.,the Federal Water Pollution Control Act, as
amended, 33 U.S.C. 1251 et seq., the Comprehensive Environmental Response,
Compensation, and Liability Act, as amended,42 U.S.C. 9601 et seq.,the Toxic
Substances Control Act, as amended 15 U.S.C. 2601 et seq.,the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended, 7 U.S.C. 136 et seq.,and the Safe Drinking
Water Act, as amended,42 U.S.C. 300f et seq., (2)judgments, claims,demands,
penalties, or fees assessed against the United States, (3)costs, expenses, and damages
incurred by the United States, or(4)the release or threatened release of any solid waste,
hazardous waste, hazardous substance,pollutant,contaminant, oil in any form,or
petroleum product into the environment.
4. The [State/county/local government] shall incorporate into each conveyance
instrument in which CCC funds are used as part of the acquisition the"Contingent Right
in the United States of America" provision described in Part V of this Cooperative
Agreement.
5. Prior to certification for payment,the [State/county/local government] shall
ensure that all lands for which a conservation easement or other interest in land has been
acquired will have a conservation plan, as described in Part V of this Cooperative
Agreement.
6. The [State/county/local government] shall prohibit all nonagricultural uses of
the encumbered properties.
7. In acquiring easement and interests in land,the [State/county/local
government] shall ensure that the title to the lands or interests therein shall be
unencumbered or, if encumbered by outstanding or reserved interests, the
[State/county/local government] shall ensure that such encumbrance shall not interfere
with the purposes for which the land or interests therein are being acquired. The
[State/county/local government] shall ensure that proper title evidence is secured and that
the United States is insured for the adequacy of the title at least to the amount of the CCC
price paid for the United States interest. In the event of a failure of title,the
[State/county/local government] will reimburse the United States for the amount of the
CCC paid, less any amount paid to the United States from title insurance.
S. The [State/county/local government] shall ensure that the consideration paid to
any landowners for the conveyance to the [State/county/local government] of any lands
or interests in lands is no more than the purchased price of the land or interests conveyed,
as determined by an appraiser licensed in the State. Any appraisal shall conform to the
i
Uniform Appraisal Standards for Federal Land Acquisitions (Interagency Land
Acquisition conference, 1992).
9. The [State/county/local government] shall submit the documentation identified
in Part W of this agreement before CCC disburses funds for payment.
10. Performance Reporting: The [State/county/local government] will submit an
annual report of the status of easement acquisition to CCC,or when requested by CCC or
NRCS. This report format will be defined by NRCS and submitted to the United States
representative for this Agreement.
VII. GENERAL PROVISIONS.
A. The period of this agreement shall be from the date of the last signature affixed hereto
through December 31, 2002. �.
B. No assignment in whole or in part shall be made of any right or obligation under this
Cooperative Agreement without the joint approval of both the United States and the
[State/county/local government]. Nothing herein shall preclude the United States or the
[State/county/local government] from entering into mutually acceptable arrangements or
agreements. Such documents shall be in writing,reference this agreement, and be
maintained as part of the official agreement file.
C. This Cooperative Agreement may be amended, extended, or modified by written
amendment signed by the authorized officials of the United States and the
[State/county/local government].
D. This agreement may be terminated by either party hereto by a written notice to the
other party at least 30 calendar days in advance of the effective date of the termination.
This agreement may be terminated by the United States if the United States determines
that the [State/county/local government] has failed to comply with the provisions of this
agreement. In the event that this agreement is terminated for any reason, the financial
obligations of the parties will be as set forth in 7 CFR Part 3016.
E. This Cooperative Agreement shall be enforced and interpreted in accordance with
applicable Federal laws and regulations, directives, circulars, or other guidance. When
signed,this Cooperative Agreement will become binding on the [State/county/local
government] and the United States to be administered in accordance with 7 CFR Part
3015-Uniform Federal Assistance Regulations and Part 3016-Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments.
F. As a condition of this Cooperative Agreement,the [State/county/local government]
assures and certifies that it is in compliance with,and will comply in the course of the
agreement with the Office of Management and Budget(OMB)Circular,A-102 Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and local
governments and other related circulars.
i
G. The program or activities conducted under this Cooperative Agreement shall be in
compliance with the nondiscrimination provisions contained in Titles VI and VII of the
Civil Rights Act of 1964, and other applicable nondiscrimination statutes: namely,
Section 504 of the Rehabilitation Act of 1973. These statutes are implemented through
regulations of the Secretary of Agriculture (7 CFR,Part 15 and 15b),which provide that
no person in the United States shall on the grounds of race, color,national origin, or
handicap be excluded from participation in,be denied the benefits of,or be otherwise
subjected to discrimination under any program receiving Federal financial assistance
from the Department of Agriculture or any agency thereof or in any program activity
conducted by the Department.
H. The activities under this agreement will be in compliance with Title V of the Drug-
Free Workplace Act of 1988,41 U.S.C. 702, and 7 CFR,Part 3017, Subpart F.
I. Employees of the [STATE/County/Local Government] shall not be considered as
Federal employees or agents of the United States for any purpose under this agreement.
J. The [State/county/local government] shall give CCC,NRCS, or the Comptroller
General,through any authorized representative, access to and the right to examine all
records,books,papers, or documents related to this agreement.
K. If any recipient of Federal funds under this Cooperative Agreement materially fails to
comply with the terms of this Cooperative Agreement,the United States reserves the
right to wholly or partially recapture funds provided in accordance with 7 CFR Parts
1403,3015, and 3016.
VIII. PRINCIPAL CONTACTS.
The United States representative for this Cooperative Agreement is:
State Conservationist
Natural Resources Conservation Service
on behalf of the Commodity Credit Corporation
Street Address
City, State Zip Code
Phone Number
The [State/county/local government] representative for this Cooperative
Agreement is:
Director
[Division of Farmland Protection]
[State/county/local Department of Agriculture]
Street Address
City, State Zip Code
i
Phone Number
IN WITNESS WHEREOF,the following authorized representatives of the United
States and the [State/county/local government]have executed this Cooperative
Agreement.
THE [State/county/local government]
By: Director
[Division of Farmland Protection]
[Department of Agriculture]
[State/county/local government]
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
By: State Conservationist
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Page 1 of 1
FINAL BILL REPORT
SHB 2758
280 L 02
Synopsis as Enacted
Brief Description: Establishing the agricultural conservation easements program.
Sponsors: By.House Committee on Agriculture & Ecology (originally sponsored by
Representatives Quall , Linville and Hunt) .
House committee on Agriculture & Ecology
House Committee on Appropriations
senate Committee on Agriculture & International Trade
Background:
The Washington state conservation commission is a state agency that supports 48 loca
governed conservation districts to promote cooperation of landowners and resource us
in developing, adopting, and implementing conservation practices. The commission
manages technical and financial assistance programs relating to issues such as salmc
recovery, streamside buffers, and water quality.
Local governments and certain public and private entities are authorized to acquire
title to or other interests in land for the purposes of protectingg, improving, restc
maintaining or conserving certain open space, farm or agricultural , and timber land
public use or enjoyment. These entities are specifically authorized to acquire
development rights in certain open space, farm or agricultural , and timber land
(conservation futures) for conservation purposes. The statutes authorizing these
acquisitions include some general provisions on future uses of property acquired for
purposes.
Summary:
he agricultural conservation easements program (program) is established, to be many
by the Washington State conservation Commission. The commission must report to the
Legislature on the potential funding sources for purchase of agricultural conservati
easements and recommend changes to existing funding authorized by the Legislature.
All program funding must be deposited into the agricultural conservation easements
account, which is created in the state treasury. Account deposits include legislati
appropriations, other sources directed by the Legislature, and gifts, grants, or
endowments from public or private sources. Expenditures from the account may be use
only for the purchase of easements under the program. Local governments and private
nonprofits may be funded from the account on a "match" or "no match" basis. Any
easements purchased with account funds run with the land.
The commission is required to adopt rules as needed to implement legislative intent.
Legislative findings cite concerns regarding land costs and conversion of agricultur
lands. Legislative intent is specified for creation of a program facilitating the L
federal funds, easing local governments' establishment of similar programs, and assi
local governments to fight conversion of agricultural lands.
votes on Final Passage: D
HOuse980 D
Senate470
Effective: June 13, 2002 =
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http://www.leg.wa.gov/pu b/bi I linfo/2001-02/House/2750-2774/2758-s_fbr_o418... 5/23/2002
CHAPTER
PURCHASE OF DEVELOPMENT RIGHTS FOR AGRICULTURAL LAND
Section:
Findings and declaration of purpose:
Definitions:
Authorization:
Eligible land for acquisition:
Application for Purchase of Development Rights
Purchase of Development Rights Easement
Deed of Transfer
Priority of acquisition
Criteria for selection within same priority:
Selection process:
Duration and effect of acquired interests:
Records:
Agricultural land acquisition fund:
Public purpose:
Supplemental funds:
Related costs:
Appropriation of funds:
Findings and declaration of purpose:
A. Land suitable for farming is an irreplaceable natural resource;
B. Despite the value of farms and farmers to the community, increasing land value threatens
to eliminate farming as a way of life;
C. The acquisition by the City of voluntarily offered interests in agricultural lands within the
City, as provided in this chapter,will permit these lands to remain in agricultural uses and
provide long-term protection for the public interests which are served by agricultural
lands; and
D. The acquisition of development rights in agricultural lands as provided in this chapter is a
public purpose.
Definitions:
A. "Administrator" means staff person-as assigned by the Major or Chief Administrative
Officer to administer this chapter. _
B. "Agricultural rights" means an interest in and the right to use and possess land for
purposes and activities related to horticultural, viticultural, floricultural, dairy, apiary,
vegetable, animal product, bent', grain, hay, straw, turf, seed, Christmas tree, livestock,
and other agricultural use.
C. "Development rights" means an interest in and the right to use and subdivide land for 3
residential purposes,which are not incidental to agricultural uses. 3
D. "Eligible land" means agricultural land with a land use designation of Agricultural ri
Resource Land, which is eligible to be acquired under this chapter. 2
E. "Agricultural Resource Land" means land primarily devoted to the commercial
. production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal C
1
products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the
excise tax imposed by RCW 84.33.100 through 84.33.140, fin fish in upland hatcheries,
or live stock, and that has long-term commercial significance for agricultural production.
F. "Governmental agency" means the United States or any agency thereof, the state of
Washington or any agency thereof, or any county, city or municipal corporation.
G. "Owner" means the party or parties having a fee simple interest, real estate contract
vendor's or vendee's interest, mortgagor's interest or deed of trust grantor's interest in
land.
H. "Value of development rights"means the difference between the fair market value of full
ownership of the land (excluding the buildings and any environmentally sensitive area
and associated regulatory buffer thereon) and the fair market value of the agricultural
rights to the land.
Authorization:
A. The City is authorized to acquire the entire development rights for any Agricultural
Resource Land described and prioritized in this chapter. Such acquisition may be
accomplished by purchase, gift, grant, bequest, devise, covenant or contract, but only at a
price that is equal to or less than the appraised value as determined in this chapter. Funds
shall be used to acquire such property interests only upon application of the owner and in
a strictly voluntary manner.
B. If the owner so elects, the Administrator is authorized to pay the purchase price in a
lump-sum single payment at time of closing, or to enter into contracts for installment
payments against the purchase price.
• C. The Administrator is further authorized to contract with other governmental agencies or
nonprofit corporations as defined by RCW 84.34.250 to participate jointly in the
acquisition of development rights in eligible lands on such terms as shall be approved by
the Kent City Council consistent with the purposes and procedures of this chapter.
D. Any development rights acquired under this chapter and with City funds shall be
available for transfer within a transfer of development rights preservation program and
pursuant to the provisions of such ordinance.
Eligible land for acquisition:
The development rights shall be purchased based on the Agricultural (A-1) zoning district
density of one (1) dwelling unit per acre and for Agricultural Resource Land that meets the
following criteria:
A. Soils must be classified primarily "prime farmland" class I or II soils by the Soil
Conservation Service U.S. Department of Agriculture Land-Capability Classification
handbook No. 210;
B. Land with a home, minimum land size of five (5) acres or more, unless it is contiguous to
another parcel owned by the same party; or
C. Vacant land of any size.
Application for Purchase of Development Rights:
An application shall contain such information as deemed necessary to verify parcel size and
existing uses as a basis for determining development rights purchased and application of
covenants. This information shall include:
2
A. A map of the parcel (based on a field survey)prepared by a registered land surveyor;
B. Legal description and property parcel numbers;
C. A title report showing that the applicant is the owner of the subject parcel;
D. Number of dwelling units as defined in Title 15 of Kent City Code existing on the subject
parcel;
E. Property size of a single-family parcel must be greater than 5 acres unless it is contiguous
to another parcel owned by the same party, or vacant land of any size; and
F. A review fee as may be prescribed by the City.
Purchase of Development Rights (PDR)Easement:
In order to validly convey the development rights on a parcel, a PDR easement shall be signed by
the owner of the parcel and the City and recorded with the King County Assessor's Office. The
PDR Easement shall be on a form approved by the City of Kent and shall contain the following
provisions:'
A. A covenant on the parcel that it may be developed or subdivided for residential purposes,
including a farm residence, as authorized by the underlying zone, only if development
rights have been reserved for each dwelling to be constructed on the subject property
prior to subdivision on the parcel. If subdivision is not required, a development right
shall be reserved prior to construction of any single-family dwelling. The covenant shall
also state that any use of the parcel remains subject to the provisions of this title at the
time the PDR easement is signed. A reserved development right must be attached to a
legal lot of record in order for a single-family dwelling as defined in this title to be built.
These reserved development rights can be used only on the original parcel or its legal
subdivisions;
B. A covenant that all provisions of the PDR easement shall run with and bind the parcel in
perpetuity and shall be enforced by the City of Kent;
C. A statement that nothing in the restrictions shall be construed to convey to the public a
right of access or use of the property and that the owner of the property, his/her heirs,
successors and assigns shall retain exclusive right to such access or use subject to the
terms of the PDR easement; and
D. The City reserves the right to acquire public road, utility, or flood protection easements,
if found necessary by the City Council.
Deed of Transfer:
A. The certified development rights shall be conveyed only by means of a Deed of Transfer,
the form and content of which is prescribed by the City of Kent. This Deed must be
recorded with the King County Assessor's Office and appear in the chain of title of the
parcel from which the development right(s)have been purchased.
B. The Deed of Transfer shall specify the legal description and parcel number of
development rights sold or otherwise conveyed and shall be valid only when recorded
along with the appropriate PDR Easement on the subject property, signed by the owner of
• 3
the parcel and the City, containing the provisions established by the City of Kent for such
a document.
C. Contents. A Deed of Purchase shall contain:
• A legal description and map of the parcel(s);
• A covenant that all provisions of the deed of transfer shall run with and bind the
parcel(s) and shall be enforced by the City of Kent;
• The name of the Purchaser and the seller;
• Proof of ownership of the parcel;
• A covenant by which the seller acknowledges that he/she has no further right of
use with respect to the development rights being purchased;
• Payment of required excise tax and recording fees on the transaction;
• Proof of the execution and recordation of a PDR easement on the subject parcel;
and
• Signature of the Administrator who has reviewed the document for completeness.
Priority of acquisition:
Development rights shall be purchased in sequential order of the priorities listed below:
A. Agricultural Resource Lands that the owner must sell because of the owner's age or
infirmity or because of economic pressure.
B. Agricultural lands that have a larger amount of land not impacted by building.
C. Agricultural lands that have available the infrastructure for agricultural use (i.e.,
transferable water rights).
D. Agricultural lands that are adjacent to existing agricultural lands.
Criteria for selection within same priority:
If funds are not adequate in any selection round to purchase all eligible lands of equal priority for
which valid offers have been received by the City, the following criteria shall be considered in
determining which offers to accept within a priority group:
A. An offer that is below appraised value shall be favored over an offer that is equal to
appraised value.
Other criteria may also be considered. The weight to be given to each criterion shall be
determined finally by the Kent City Council for each parcel of property and such good faith
determination shall be conclusive.
Selection process:
Within six months from the establishment of this Chapter, and continuing annually or at other
intervals as determined by motion of the City Council, the Administrator shall conduct a
voluntary property selection process ("selection round") as follows:
A. In all selection rounds, properties of a higher priority shall be purchased with available
funds before properties of a lower priority.
B. The Administrator shall begin each selection round by giving written notice to property
owners located with a land use designation of Agricultural Resource Land using King
County Assessor's Office property ownership information. The notice shall describe the
procedure to be followed in the selection process, including an estimated time schedule
4
for the steps in the process, and shall invite the owners of such properties to submit
• applications.
C. Upon closing of the application period,the Administrator shall review each application to
determine the eligibility and priority classification of each property interest.
D. For those applications that meet the requirements of subsection C above, the
Administrator shall select an M.A.I. appraiser to prepare an appraisal of the value of
development rights, which shall consist of an appraisal of the fair market value of full
ownership of the land (excluding buildings thereon, wetlands and their buffers, or any
other regulatory buffers), and an appraisal of the fair market value of agricultural rights
only.
E. Appraisals shall be in writing and shall be furnished to the respective owners for review.
The City or the owners may bring alleged errors of fact in any appraisal to the attention
of the appraiser, who may correct the appraisal. If an owner disagrees with the appraisal,
the owner may, within the time allowed on the selection schedule, request the preparation
of another appraisal at the owner's expense. The Administrator shall appoint the review
appraiser or appraisers in the same manner as the original appraiser or appraisers were
appointed. The final appraisal shall be the average of the original appraisal and the
additional appraisal.
F. The Administrator may discuss terms and conditions of sale and information on the effect
of the sale with owners prior to the submission of written offers.
G. Sealed, firm written offers by all applicants shall be submitted on forms provided by the
City. The offers shall be opened by the Administrator on a day certain.
H. The Administrator shall review all offers and make recommendations to the Kent City
• Council. Upon receiving the recommendations of the Administrator, the City Council
shall take final action on the recommendations.
Duration and effect of acquired interests:
Except as provided otherwise in any transfer of development rights ordinance, (1) development
rights acquired pursuant to this chapter shall be held in trust by the City for the benefit of its
citizens in perpetuity and (2) no changes in land use or development ordinances of the City shall
affect or modify the development rights acquired under this chapter. Except as found necessary
by the City Council to acquire public road, utility, or flood protection easements, the City shall
not sell, lease or convey any interest in land which it shall acquire under this chapter.
Records:
The Kent City Clerk is authorized and directed to keep a separate system of records for
documents relating to development rights.
Agricultural land acquisition fund:
Any funds for carrying out this chapter shall be deposited in an agricultural land acquisition fund
to be created by subsequent ordinance in the office of the City's Director of Finance and shall be
used for purposes that are consistent with this chapter.
Public purpose:
The Kent City Council finds and declares that the use of City funds to pay the acquisition and
related costs of acquiring development rights in eligible lands, or of participating with other
• 5
government agencies in the acquisition of such development rights, will promote the health,
welfare,benefit and safety of the people of the City and is a capital project.
Supplemental funds:
Supplemental or matching funds from other governmental agencies or private sources may
become available to pay all or a portion of the cost of acquiring development rights. The
Administrator is authorized to utilize those funds to purchase development rights in eligible
lands or to supplement the funds authorized to carry out this chapter, in the manner provided by
this chapter and in accordance with the applicable laws or terms governing the grant.
Related costs:
The costs of appraisal, engineering, surveying, wetland delineation, planning, financial, legal and
other services lawfully incurred in acquiring eligible lands shall be paid from the funds
authorized to carry out this chapter, unless provided otherwise by the Kent City Council.
Appropriation of funds:
Until initial funds for carrying out this chapter have been appropriated by subsequent ordinance,
or except as authorized by the Kent City Council, no funds shall be expended under this chapter
and the Administrator shall be authorized only to conduct selection rounds through the submittal
of applications.
Ca\GW\pm S:pemrit\plan\CompPlanAmdments\2001\2004535-cpa2000-3PDRProgram.doc
cc: Fred N.Satterstrom,AICP,Community Development Director
Charlene Anderson,AICP,Planning Director
Gloria Gould-Wessen,GIS Coordinator/Planner
File
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