Environmental Quality Incentives Program

Arkansas 2007 EQIP Policy

Documenting Irrigation History

Documentation of irrigation history must be present in the applicant’s file before completion of ranking of that application when any irrigation related practice is included in the application.  This documentation will be in the form of a self-certification statement by the applicant identifying the field(s) on which the practice(s) will be applied, a statement that the field(s) was irrigated two (2) out of the past five (5) years, the date of the statement and signature of the applicant.  Supporting documentation will be provided by an NRCS employee indicating agreement with this self-certification and stating what that agreement is based on.  Agreement may be based on personal observation by an NRCS employee, other state or federal agency employee, conservation district director who would have reason to know, FSA records, landowner records, observations of recent aerial photos such as FSA compliance slides, etc.

Alternative Crop Definition

Applicants who will be implementing practices to benefit an alternative crop operation as defined in this policy must be funded in the Alternative/Small Cropland Farms funding category or the Small Grassland Farms funding category.  The only purpose for documenting if an activity will qualify as an alternative crop is to determine qualifications to receive cost-shares for an irrigation well and/or a micro-irrigation system.  These practices are only available for operations that meet this definition.

The purpose of this policy for EQIP in Arkansas is to improve the opportunity for smaller operations to address conservation needs while maintaining a competitive operation.  Conservation problems often merge with production problems on these small operations.  By maintaining a viable operation, personal funds are more likely to be used by a producer to deal with conservation issues.  These producers may or may not be considered LRF.

The term “Alternative Crops” refers to those high value crops, such as fruits and truck crops grown on relatively small acreage and produced for off-farm sale.  Other crops that are not traditional field crops might also qualify.  Not all conversions to vegetable and fruit crops qualify under this definition, such as when those crops make up a large portion of the operation for a significant number of operations in an area.

An alternative crop is not a traditional crop such as cotton, soybeans, rice, grain sorghum, field corn, wheat, or similar crop in a cropland area, or a hay or other specialty forage crop in a pasture and hay area

In addition to EQIP policies, anyone interested in converting to an alterative crop should be reminded that it is their responsibility to understand how such conversion to an alternative crop might impact crop bases established with the Farm Service Agency (FSA).  

Allocations

EQIP funds allocated to Arkansas will be targeted in the percentages shown for the following resource concerns as nearly as possible.  Any changes will be based on numbers of applications and amounts requested with a goal of maintaining approximately 60 percent of funding for livestock related applications.  In addition to the following, all EQIP Ground and Surface Water (GSWC) funds will be targeted to the Irrigation, Water Quantity resource concern.

In addition, $600,000 will be reserved for providing an additional 15 percent cost-share for ‘Limited Resource Farmer’ (LRF) applications that score high enough to be selected in one of the above funding categories.  Once this target is reached, any other application from this group selected will only be offered the standard cost-share rate.

County Pools

A GIS process will be used to evaluate the extent of resource concerns within each county and the number of unfunded applicants from the prior year in each resource concern within the county.  This process will start with a base amount of $75,000.  Each county will receive an additional initial allocation based on the funding formula not to exceed a total initial allocation of 70 percent of funds allocated to Arkansas.

1. Applications will be selected for funding from this county pool based on ranking score with no consideration of which resource concern is being treated.
2. The total value of applications selected in a county through this process may not exceed the initial funding amount set for that county.
3. All remaining funds, including the state allocation amount not included in the initial county allocation, will then be used in a state wide competition to assure that an appropriate amount of funds goes into each funding category.

GSWC funds will be treated in the same manner as above, but will be treated separate from other EQIP funds.

GSWC Applications

Applicants in areas receiving GSWC funds and implementing only irrigation practices may choose to apply for GSWC or regular EQIP funds but may not apply for both on the same tract for the same practices. 

 Funds for GSWC contracts will be allocated separate from regular EQIP funds.

L’Anguille TMDL Project

EQIP applications on land falling within the boundaries of a 319 project addressing the L’Anguille River TMDL status are eligible to apply for funding in this special category.

The following list of practices that provide, or support, specific erosion control and sediment reduction measures are the only practices available for contracts in this category.

• Critical Area Treatment
• Dike
• Diversion
• Fencing
• Filter Strip
• Grade Stabilization Structure
• Grassed Waterways
• Pasture and Hayland Establishment
• Pond
• Prescribed Burning
• Riparian Forest Buffer
• Riparian Herbaceous Buffer
• Streambank and Shoreline Protection
• Structure for Water Control
• Tree/Shrub Establishment
• Water and Sediment Control Basins

Applicants interested in cost-share through EQIP for other practices within the project area, or who wish to apply through EQIP for any practices on land lying outside the project area, must file a separate application.

Contracts funded under both EQIP and the 319 project will be coordinated at the county level to assure 319 funds are used only to the maximum extent allowed by the 319 program and not to exceed 75 percent cost-shares.  Cost-shares may exceed 75 percent utilizing only EQIP funds when the applicant qualifies as a Limited Resource Farmer.

Alternative/Small Cropland Farm Category

The following guidelines describe special qualifications and procedures for this initiative.

1. Applicants and land must first meet normal EQIP eligibility criteria.
2. Applicants must be producing crops that meet the Arkansas alternative crop definition subsection (a) found in this manual.
3. Applicants must own or operate at least two acres, but no more than 160 acres of cropland.  Alternative crops must be produced for commercial marketing and not for home use and;

-- Be planted on land that has been used for the production of traditional field crops at least two out of the past five years, or;

-- Is currently being grown, but the production system is still inadequate.
 
4. The maximum contract size cannot exceed $40,000.
5. A minimum of two acres or at least 10 percent of contract acres (Cropland/Pasture) should be planted to alternative crop.
6. All existing practices available for EQIP are available for this initiative.  The most cost-effective, economical practices should be emphasized.
7. If irrigation practices are included in the contract, the national policy requiring an irrigation history does apply.
8. Innovative and cost effective technical standards and implementation procedures may be developed in coordination with appropriate technical specialists for use with practices included in these contracts.

Small Grassland Farms

The following guidelines describe special qualifications and procedures for this initiative.

1. Applicants must own or operate no more than 100 acres of grassland.  At least 60 percent of applicant’s household income for the prior two years must come from farming activities as documented on IRS 1040 form.
2. Total household AGI income for the prior two years may not exceed two times the county medium income as documented on the IRS 1040 form.
3. Sign Small Grassland Certification form certifying to income levels.
4. False certification is subject to criminal and civil fraud statues.
5. An entity or joint operation can participate in the Small Grassland Farm category only if all individual members qualify for the Small Grassland Farm category.
6. For the purpose of verification, NRCS State Office shall review a randomly selected five percent of all participants each year who have certified for the Small Grassland Farm funding category.  Applicants selected for this review will be required to provide all records to justify their claim as requested.  It is the responsibility of the applicant to provide accurate data.  Failure to provide such data will result in ineligibility for participation in EQIP.
7. Applicants in this category may qualify for special irrigation practices available for converting to an alternative crop provided they meet the Arkansas alternative crop definition subsection (a) found in this manual.  Any applicant desiring to qualify for these practices must also meet national policy requiring an irrigation history on land to be irrigated.

 CRP Practices

An EQIP applicant may receive points for applying a certain CRP practice (CP9 - that includes a native grass buffer, CP21 - native warm season grasses only, CP22 - Zone 3-native warm season grasses only, CP29, CP30 or CP33) if the following conditions are met.

1. There is a pending application for the practice and EQIP on the same tract of land.
2. The landowner has full intention of entering into a contract for the practice as soon as possible.
3. A Participant Form is signed.
4. NRCS certifies this CRP intention is on eligible land on the tract being entered into an EQIP Contract.
5. Points are only earned once regardless of how many practices are applied.

Ranking Existing, Expanding and Other Animal Operations

Points will be assigned to livestock operations where cost-shares are requested for any waste or dead animal treatment, storage, or handling facility according to its status as an existing, expanding or other operation.  Definitions of these categories are as follows:

Existing livestock operations -  In operation for at least two years producing meat, milk, eggs, fiber, or other livestock-related marketable product and;

• Does not have an adequate livestock waste management system, Or
• Has a livestock waste management system that is need of retro-fitting or updating.
• Needs to add facilities due to 50 percent or less increase in animal numbers of the same general type (swine, poultry, etc.)

Expanding livestock operations – A portion of the operation meets the definition of an existing livestock operation, but production size has increased to one of the following extents:

• Low Expansion – Has added production facilities for more than a 50 percent increase to a 150 percent increase.

• Medium Expansion – Has added production facilities for more than 150 percent increase to a 250 percent increase.
• High Expansion – Has added production facilities for more than 250 percent increase.

Other Livestock operations – Any operation that does not meet the definition of an existing or expanding operation, such as:

• A different type of livestock operation has been introduced to the operation within less than two years, such as adding a swine operation to a poultry operation.
• A new livestock operation has been introduced on the tract where no operation was in existence previously.
• Any other livestock operation that does not meet the definition of an existing or expanded operation.

Eligible and Required Practices

All practices shown as approved for EQIP on the approved state average cost list for the current program year are eligible to be included in an EQIP contract for the current program year.

Any criterion where any points were received must have at least one practice in the contract that will directly treat that concern.  Policies relative to the use of certain practices are indicated below.

Access Road

The practice Access Road may not be used for construction of new roads.  Its purpose is to grant access to forest land for forest management only.

Amendments for the Treatment of Agricultural Waste

This item is paid on the pounds of P2O5 in animal manure tied up chemically by an amendment.  The amount of P2O5 available to be tied up is 54 pounds per ton of dry litter, or the amount determined on a current analysis if available.  Current is defined as being no more than three years old, and the manure management method has not changed.

Amount of P2O5 tied up by a certain rate of any given amendment will be based on documentation or label provided for that amendment.  Each amendment will be applied using rates and methods described in label instructions.

Closure of Waste Systems

The practice Closure of Waste Systems is available for cost-share only where the following conditions are met:

1. The animal feeding operation is being closed through no fault of the applicant because of loss of contract through the action of a contracting company.  A copy of some type of written notification must be provided.
2. The applicant does not intend to maintain an animal feeding operation permit.
3. Carry out complete closure, including as appropriate, removal or closure of pipes entering and exiting the system, complete removal of solids and effluent, preparation for holding fresh water (see Practice Standard 378 - Pond), or complete back filling of the system with earth, and other components called for in the practice standard.

This practice is not available for those operations closed due to bankruptcy, personal decision to close an operation, or other similar reason.

Applicants eligible for receiving cost-share for this practice will be funded in the special funding category for waste system closure regardless of whether other practices will also be implemented.

Constructed Wetlands

This practice is available only for the treatment of liquid animal wastes.

Fence

The purpose of fencing when associated with forestry is to exclude cattle from currently forested areas or to institute planned grazing in the forest.  If a forest site will be grazed, a prescribed grazing plan that addresses forest health must be agreed to by the producer and be in the contract folder.  This practice is not to be used to install boundary fences.

Forest Stand Improvement

The purpose of the practice for EQIP is to adjust species composition within a mixed forest stand (not a pine plantation).

1. Planned work must maintain at least four native species comprising at least 10 percent of the number of stems each.
2. Minimum threshold for planning the practice is removal of 20 percent of the existing basal area.

Forest Trails and Landings

Use this practice for water bars and/or dips and diversion ditches on temporary woods roads, log landings, and skid trails.  Refer to Access Road for treatment of permanent roads.

Irrigation System, Micro-irrigation

This practice is available only in the Alternative/Small Cropland Farm and Small Grassland Farm funding category.  Land where this practice is applied must also meet the EQIP rule regarding history of irrigation.

Irrigation System, Sprinkler

This practice is only available for liquid animal waste.  A traveling gun for application of liquid wastes may be used, but documentation must be developed that shows this is a cheaper alternative for the planned system than a fixed system.

Pasture and Hayland Planting – Deferred Harvest/New Native Forage Stands

An incentive payment may be paid to producers who establish a new stand of native forages, with or without cost-shares through EQIP, and defer grazing or haying for two grazing/haying seasons.  This will allow proper establishment of the forage while offsetting some of the loss of use of the involved land for this period.  The intent of this component is to encourage producers to include some native forage in their grazing system; it is therefore only available as an incentive payment to those who do not already use native forages.

This incentive payment will be limited to two (2) years for any producer.  Payment may be made on a maximum of 20 acres of new plantings.

Any producer receiving this incentive payment must have the deferred grazing/haying period (including the date initial grazing or haying can begin) and subsequent management of the native forage included in a management plan as supporting documentation for the EQIP contract.

A prescribed grazing plan may  be developed for seasonal short-term flash grazing or a one-time annual haying to control warm season annual encroachment the first year or cool season encroachment the second year.  No grazing of more than three days in duration is allowed during the two establishment years.  The first year removal would be allowed in late summer and the second year removal prior to the native warm season grass growth commencing."

Pond Sealing or Lining

This practice is available only for use with Waste Lagoons and Holding Ponds

Prescribed Grazing

The Prescribed Grazing practice will be available for an incentive payment if the following conditions are met:

1. The application receives impact criteria points for the resource concern of Animal Waste Water Quality, Grassland Sediment or Erosion, or Small Grassland Farms
2. The prescribed grazing plan will be implemented on at least 50 percent of available grazing land in the operation or forty (40) acres whichever is less, and not to exceed 200 acres.
3. At least four paddocks, or sub-pastures, are developed and a grazing plan is agreed to that prescribes moving grazing animals at least twice per week during the grazing season.
4. Any producer whose most intense management practice is less intense than this requirement is eligible to receive this incentive payment.
5. A producer currently using a system that meets or exceeds these minimum criteria, but who will be increasing grazing intensity by at least 100 percent (i.e. changing from a rotation through four paddocks to a rotation through eight paddocks) will be eligible for this incentive payment.
6. Level of current grazing management is to be determined through self-certification by the applicant in addition to any knowledge of an NRCS employee or member of the conservation district board.

Necessary permanent fencing to enclose a primary pasture unit and all necessary water sources must be present or included in the same contract that includes the Prescribed Grazing practice.  Permanent fencing may not receive cost-shares to establish the paddocks, or sub-pastures, within the primary pasture unit through which livestock will be rotated.  The incentive payment is intended to support any purchase and installation of temporary power fencing necessary to control grazing rotation through these sub-pastures.

All permanent fencing and water facilities must be in place and a prescribed grazing plan developed and agreed to before incentive payments may begin.

Prescribed Grazing for Wildlife Habitat Enhancement

This activity is for enhancement, and maintenance of grassland wildlife habitat in grazing systems.  Producers are required to establish a rotational grazing system that incorporates native warm season grass (NWSG) pastures and promotes nesting cover for grassland birds.  A separate incentive payment for Prescribed Grazing is available for participants who meet other eligibility criteria.  Also, separate cost-shares are available for participants who need to establish the native warm season grass.  This incentive payment will apply when the native grasses are properly established and the prescribed grazing system is in place so that required grazing deferrals can occur.  The following criteria apply:

1. A Prescribed Grazing system that meets minimum state EQIP criteria must be used even if that practice is not included in the contract.
2. Chemical weed control will not be allowed, except on a case by case basis if needed to control invasive species.  If weed control is allowed, no additional cost-share or incentive payments will be made.
3. The NWSG component of the system must comprise at least 10 percent of the total available grazing acres in the operation, but not less than four acres and is not required to exceed 20 acres. 
4. Grazing must be deferred on at least 1/3 of the acres (4 acres minimum block size) in late summer, beginning no later than August 15 to provide spring/early summer nesting habitat.  Grazing cannot commence on deferred areas earlier than June 15 of the following year.  On contract acres that are 12 acres or less, the entire acreage must be deferred at least one out of three years.
5. Contract acres will be located adjacent to other necessary habitat types such as small grain fields, overgrown fence rows, wood lots, or other areas where brushy cover either exists or is planned in the contract.  Cost-share practices such as hedgerow plantings can be included in the contract to meet this criterion, but must be scheduled to coincide with implementation of this practice.

Stream Crossings

The purpose of this practice is to establish a permanent stream crossing on roads, forest lands and other agriculture production land and use for the purpose of managing those lands.  These must be established at existing inadequate stream crossings for the purpose of improving water quality.

Tree/Shrub Establishment

The purpose of the practice for EQIP is to increase forest diversity.

1. Planting must include a minimum of four native tree species with at least five percent of planted acres being planted to each species.  Only one of the species may be loblolly or shortleaf pine.
2. Pines and hardwoods can be planted in separate areas, or they can be planted as a mixed stand.

1. For soils with site index equal to or greater than 80, it shall have been no longer than three (3) growing seasons since harvest at the time of program application.
2. For soils with site index less than 80, it shall have been no longer than four (4) growing seasons since harvest at the time of program application.
3. Areas appropriate for riparian forest buffers shall be planted to hardwood species for at least the minimum width stated in the riparian forest buffer standard

Site preparation is cost-shared for the establishment, survival, and early growth of the seedlings.  Plowing and bedding are not included as cost-share components.  If the site is suitable for such measures and a forester determines it would be beneficial, a participant may use the measures provided they pay full cost and all needed erosion and sediment control measures are also implemented without cost-share. Tree planting may be planned for the purpose of recovery from a natural disaster such as tornadoes, ice storms, wildfires, etc.

1. Species present at the time of destruction may be replanted, i.e., a pure pine plantation may be planted if present prior to destruction.  A more diverse stand can be established depending upon landowner objectives.
2. Destroyed area does not have to be a state or federal disaster area.
3. Site index rule for clear-cut areas will be used.
4. Stand must be declared a loss by the Arkansas Forestry Commission.

Waste Storage Structure - Dry Litter Stacking Sheds

Persons receiving cost-share for dry litter stacking sheds (Waste Storage Structure – 313) may not use the structure for any use other than to store litter and litter handling equipment.  All other uses could result in finding the producer in violation of his or her contract.  Structure design may include storage space for litter that will be used for other purposes, but this additional space must be paid for in full by the participant.  All portions of the structure must meet NRCS standards and specifications in order to protect the integrity of the cost-shared portion of the building.

Dry litter stacking sheds may be cost-shared only on the tract (as identified by FSA) where the litter is produced and on the closest suitable site to the source of litter.  If no suitable site is available on the tract where the litter is produced, a waiver may be granted by the State Conservationist or designee to place the structure on another tract owned by the applicant.  The waiver request must be in writing from the applicant, be recommended in writing by the District Conservationist, and include a map clearly showing tract boundaries, site of litter production, and proposed site for litter storage.

Waste Treatment – Renovation/Closure

This practice will only be used to tie up phosphorus in material cleaned out in conjunction with a waste storage structure renovation or closeout through EQIP.

Waste Utilization – offsite Utilization of Litter

Waste Utilization for the purpose of offsite utilization of litter may be included in a contract for an incentive payment only where excess manure produced in Arkansas is purchased and land applied. Points and cost-shares do not apply for litter received by the participant if it is to be used for any other commercial use, including feeding to the participant’s livestock.

A participant using this practice must provide documentation showing where the litter was produced and where the litter is going to be applied.

Documentation must include nutrient management budget computations from Nutrient Management Plan showing excess manure produced on the farm. For EQIP cost share purposes, documentation must be maintained for the life of the contract.

Payment will be based on tons of litter to be applied.

Water Wells

Wells funded in the Alternative/Small Cropland Farms and Small Grassland Farm category will not exceed a 6” discharge.  Well must not be designed for more than alternative crop needs for the foreseeable future.  Wells must be used for Alternative crops only for the length of the contract.  The purpose of these wells is to provide a more efficient water source to improve the opportunity for smaller operations interested in alternative crops to address conservation needs while maintaining a competitive operation.

Wells funded for livestock purposes must be for an alternative water source where the existing source is being fenced off for water quality purpose, or provide a water source for implementation of a prescribed grazing system that meets minimum state EQIP criteria for prescribed grazing even if the practice is not included in the contract.

Approved Incentive Practices

The following practices are approved as incentive payments and are shown in the cost list using the flat rate (FR) cost method. 

• Amendments for Treatment of Agricultural Waste
• Irrigation Water Management
• Prescribed Grazing
• Prescribed Grazing Wildlife Habitat Enhancement
• Shallow Water Management for Wildlife
• Waste Utilization
• Deferred Harvest/ New Native Forage Stand

Incentive Payments

Incentive payments are intended to encourage producers to adopt proven land management practices that provide cost-share benefits.  These are practices that are applied at least annually, and if adopted by the producer become a regular management activity.

Incentive payment for a practice cannot be included in a cost-share contract where the participant has already successfully implemented that practice at any location.  The fact that they have successfully implemented this practice on other tracts, in other fields within a tract, or at other recent times indicates that no further incentive should be necessary to help them determine whether to adopt the practice.  If an incentive payment is included in a contract, documentation must be present in conservation notes in the case file that indicate that the participant has not used the practice previously and is not currently using it or that implementation was not done correctly, or was not successful.  If earlier efforts did not meet current NRCS practice standards and specifications and additional assistance is needed, it could be declared to be not successful.

A participant may not receive payment for an incentive payment for more than three years in any combination of contracts.  Any applicant who has one contract containing any incentive payment may not include that same incentive payment in another contract to the extent that the three years overall maximum payment is exceeded, or that includes the practice for any years already scheduled for that practice in another contract. 

New practices made available that provide other alternatives to previously applied practices may continue to receive incentive payments provided payments are for treatments or methods not previously available for cost-share.

Practice Funding Caps

The cost-share to be paid on the following practices may not exceed the amount calculated using the appropriate cost-share rate applied to the following total costs.

In addition, cost-share may be paid on any eligible practice only for those minimum units needed to treat a resource concern being addressed by EQIP.  The participant must bear full cost of installing any additional units above this minimum treatment.  Natural Resources Conservation Service (NRCS) or a Technical Service Provider (TSP) may assist with the design and implementation of a practice included in the contract that requires more units than can be included in the contract and that requires a design for the full structure in order to meet standards, specifications, and objectives for the practice.  A TSP will only be paid for services associated with the units included in the contract.

Adding Cost-Share Components

The practice average cost list attempts to list all appropriate components.  If a needed component is not included, a written request for its approval can be submitted to the state program manager providing justification for its need and a recommended state average cost rate for the item.  The request must provide information on the source of the recommended state average cost rate.  No component can be included in a contract until the State Conservationist has approved it as an eligible component.

Duplicating Components, Materials, and/or Equipment

Components, materials, and/or equipment utilized in conjunction with more than one conservation practice will be cost-shared only one time for a single practice. 

Example 1:  A pumping plant is installed with cost-share as part of a tailwater return system cannot receive additional cost-shares as a pumping plant as part of an irrigation system.

Example 2:  Excavated material from a tailwater recovery system used in an irrigation reservoir embankment cannot receive additional cost-shares for compacted fill in a levee.

Last Modified: 12/19/2006

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