Environmental Quality Incentives Program

Arkansas 2006 Environmental Quality Incentives Program Policy Supplements

GENERAL POLICIES

Application Screening Process

Applications will be screened to determine status as High, Medium, or Low Priority before being ranked. Priority determination will be made using the EQIP Screening form in Arkansas Exhibit 515.N-AR3 in CPM 515.140. This form must be filled out, signed, and dated for each application by the end of the signup period. If information provided on this form is later changed, the priority status will be changed accordingly, which may affect selection for funding.

All EQIP applications entered into ProTracts will have a Priority status shown.

If High Priority applications in any county or funding category will not use all allocated funds, those applications do not have to be ranked, but can be selected for funding immediately.

Initial ranking will be required only on High Priority applications in counties or categories where all High Priority applications cannot be funded with initial allocations. Initial funding selections will be made considering only these High Priority applications. Medium Priority applications may be ranked for an individual funding category or county if all High Priority applications are funded and the allocation for that category or county has not been met. No Low Priority applications will be ranked until all High and Medium applications in all categories have been funded.

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, or other person who would have reason to know. It may also be based on Farm Service Agency records, landowner records, observations of recent aerial photos such as FSA compliance slides, or well registration records. The form Documenting Irrigation History (Arkansas Exhibit 515.N-AR1 in CPM 515.140) dated December 7, 2004 may be used to document this information.

New or Expanding Livestock Operations

New or expanding livestock operations are eligible to apply for EQIP. Points are assigned on present resource concerns rather than expected resource concerns.

Coordination with On-Going Irrigation Projects

Any application for assistance on any land that is included in an ongoing irrigation project (such as the Grand Prairie Irrigation Project or the Point Remove Irrigation Project) that will include any irrigation related practice must be reviewed by the appropriate project office to ensure that planned measures do not conflict with established project plans. The project representative reviewing the completed ranking form can document this review by initialing the form.

Permits and Other Clearances

Some contracts will include practices that require permits or other clearances. NRCS staff should encourage the participant to complete as many of these requirements as possible prior to NRCS signing the contract. This may not be possible if a Technical Service Provider (TSP) will be used. If final permits are not secured before the contract must be signed, working through the process can assist in developing a more accurate estimate of practice units and costs. Do not delay contract development beyond the end of the allowable contract obligation period (prior to September 30) because of incomplete permits and clearances.

Comprehensive Nutrient Management Plans (CNMP)

In Arkansas, the following conservation practices are available for cost-share in EQIP and fit the definition of those practices that result in the requirement that CNMP development and implementation be included in the EQIP contract containing the practice.

• Waste Storage Facility
  Examples: Stacking Shed, Concrete Tanks and Pits, Waste Storage Pond

• Animal Mortality Facility
  Examples: Freezer, Incinerator

• Composting Facility

• Waste Treatment Lagoon

A CNMP required by EQIP rules will document existing and needed components in a separate document to be included in or cross referenced to the conservation plan and EQIP contract. Practices included in the CNMP may or may not be cost-shared in the contract, depending on the participant's objectives, and availability for cost-share. The CNMP used for this purpose must meet all current technical standards, including the statement of work found in Section IV-B, Non-Practice Statements of Work, Arkansas eFOTG.

The CNMP must address all animal wastes produced by the operation being addressed by the EQIP contract.

Where an adequate CNMP does not already exist, every effort should be made to get a CNMP developed before contract approval to aid in ensuring CNMP practices and EQIP practices are compatible. This may not be possible if the participant uses a TSP to develop their plan. If this cannot be done, work with the participant to identify the cost-shared CNMP component practices he or she wishes to have included in the contract. Refer to the National EQIP Manual (Part 515.111a) regarding time frames for developing and implementing a CNMP.

The expiration date of any contract requiring a CNMP should be extended to a reasonable date after implementation of the final waste storage/treatment facility to allow for completion of the full CNMP before the contract expires.

Documentation of an applicant’s understanding of the requirement must be secured in writing before approving a contract. Maintain this documentation in the contract folder. A form (Arkansas Exhibit 515.N-AR2 in CPM 515.140) is provided for this purpose.

Used Material

In Arkansas, only steel pipe will be accepted in used condition for cost-sharing in programs for which NRCS has technical responsibility. The appropriate NRCS employee must inspect the pipe before it is purchased and/or installed. Landowners who indicate an interest in installing used material must be made aware of this policy to avoid disapproval of cost-share payments on the material.

Pelletized Lime

Pelletized lime will not be included in the average cost list. However, if a participant chooses to use pelletized lime and is in a situation where regular lime cannot be delivered and applied, payment can be made on the equivalent basis of agricultural lime and at the agricultural lime cost rate. Pelletized lime must be applied at a rate of 660 pounds to be equivalent to one ton of agricultural lime. In other words, if two tons per acre of lime were called for on a soil test, or by plant requirements, the producer would have to apply 1320 pounds of pelletized lime per acre (2 tons x 660 pounds) and would be paid for two tons of agricultural lime. Any additional costs would be the responsibility of the client. Also, any problems with maintenance of the vegetation due to improper pH before the end of the practice life span would be the responsibility of the client. If this is allowed, document the decision in the case file and on practice certification forms.

FUNDING PROCESSES

Allocations

EQIP funds allocated to Arkansas will be targeted for 2006 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.

Animal Waste/Nutrient Management, Water Quality - 40%
Grassland Sediment/Erosion, Water Quality - 15%
Waste System Closures, Water Quality - 5%
Cropland Sediment/Erosion, Water Quality - 4.6%
Alternative Crops - 3%
Irrigation, Water Quantity, Regular EQIP Funds - 18%
Forestry, Water Quality/Plant Health - 10%
Small Scale Farm Initiative - 3%
L’anguille TMDL Project - 1.4%

Each item listed above is treated as a funding category. An individual application may be placed in only one of these categories and will compete for funding, except for the county process described below, with all other applications in that category.

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 within its assigned funding category to assure that an appropriate amount of funds goes into each funding category.

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.

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.

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.

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. A participant may not receive payment for an incentive payment for more than three years in any combination of contracts.

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.

SPECIAL INITIATIVES

Alternative Crop Definition

Applicants who will be implementing practices to benefit an alternative crop operation as defined in this policy will be funded in this special funding category regardless of whether other practices will also be implemented.

The purpose of this funding category for EQIP in Arkansas is to improve the opportunity for smaller cropland operations interested in these crops 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 for this funding category.

An alternative crop is not a traditional crop such as cotton, soybeans, rice, grain sorghum, field corn, wheat, or similar crop usually grown on large acreage in order to be competitive in available markets.

In addition to EQIP policies, anyone interested in participating in this funding category must be sure they understand how such conversion to an alternative crop might impact crop bases established with the Farm Service Agency (FSA).

To be eligible for this category, the applicant must own or operate at least five acres, but no more than 100 acres, and;

• an alternative crop must 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;

• an alternative crop is currently being grown, but the production system is still inadequate.

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.

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% cost shares. Cost shares may exceed 75% utilizing only EQIP funds when the applicant qualifies as a Limited Resource Farmer.

Small Scale Farmer Initiative

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 own or operate 100 acres or less of cropland.

3. At least ten percent of the available cropland must be planted to an alternative crop as described in Arkansas’ alternative crop definition found in this manual. This may be an on-going operation or a change in operation to add alternative crops.

4. The maximum contract size cannot exceed $10,000

5. All existing practices available for EQIP are available for this initiative. The most cost-effective, economical practices should be emphasized.

6. The same ranking system will be used for these applicants, but they will compete only among themselves with no regard to the funding category otherwise identified by the ranking spreadsheet.

7. The same cost share rate policies are in effect.

8. An applicant that does not qualify for this initiative might qualify for regular EQIP alternative crop category. An applicant that has already signed up for the alternative crop category and also qualifies for this initiative may choose to change to this initiative.

9. 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.

SPECIFIC PRACTICE POLICIES

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. This list is available from any NRCS Field Service Center in Arkansas or at http://www.ar.nrcs.usda.gov/programs/eqip/eqip.html.

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.

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.

515.91a-1

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.

Cover Crop

The Cover Crop conservation practice will only be available as an incentive payment when receiving points in Water Quality-Sediment/Erosion (Cropland), criterion E.

The area eligible to receive an incentive payment for cover crops must include at least 50 percent, on an area-by-area basis, of a soil listed below as having potential for significant wind movement. This means that some fields containing only small amounts of a listed soil may have only partial acres eligible for cover crop incentive payments.

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.

Forest Stand Improvement

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

i. Planned work must maintain at least four native species comprising at least 10 percent of the number of stems each.

ii. Minimum threshold for planning the practice is removal of 20 percent of the existing basal area.

Forest Trails and Landings

Irrigation System, Micro-irrigation

This practice is available only for the Alternative Crop funding category. Land where this practice is applied must also meet the EQIP rule regarding history of irrigation.

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:

• The application receives impact criteria points for the resource concern of Animal Waste Water Quality, or Grassland Sediment or Erosion,

• 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.

• 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.

  • Any producer whose most intense management practice is less intense than this requirement is eligible to receive this incentive payment.

  • 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.

  • 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.

Renovation of a Waste Storage Lagoon or Pond

The cost-share component Renovation of a Waste Storage Lagoon or Pond is available only if points are received in Water quality-Animal Waste, criterion B. These points are available only to individuals who intend to maintain a valid permit and who have written documentation that shows the solids content of their existing lagoon or pond exceeds 40 percent as measured by the Arkansas Department of Environmental Quality or other qualified entity. If this information is not available at time of initial ranking, it can be assumed the applicant qualifies for these points. However, if the applicant is selected for funding, documentation must be provided before NRCS can enter into an agreement. Lower priority for planning and contract development should be given to those selected applications that do not have documentation available. If documentation is not provided within one week of the deadline to complete contracts agreements, selection approval will be withdrawn.

A person who qualifies as an eligible producer for closure of a waste management system, but who wants to keep their permit and does not want to completely close the system, may be eligible for safe removal of effluent and solids under this practice rather than the closure of waste management system practice if criteria for this concern are met.

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

Tree/Shrub Establishment

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

i. Planting must include a minimum of four native tree species with at least 5 percent of planted acres being planted to each species. Only one of the species may be loblolly or shortleaf pine.

ii. Pines and hardwoods can be planted in separate areas, or they can be planted as a mixed stand.

Clear-cut areas may be replanted depending on length of time since harvest (landowner self certifies with potential for review of documentation) and site index of the predominant soil for the predominant tree species to be planted. The following policy for determining eligibility of such sites will be as follows:

i. 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.

ii. 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.

iii. 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.

i. 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.

ii. Destroyed area does not have to be a state or federal disaster area.

iii. Site index rule for clear-cut areas will be used.

iv. 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 Utilization - Offsite Utilization of Litter

Waste Utilization for the purpose of offsite utilization of poultry litter may be included in a contract for an incentive payment only where points are received in Water Quality-Animal Waste, criterion D. Points and cost-shares do not apply for litter produced by the participant if it is used for any other commercial use, including feeding to the participant’s livestock.

A participant using this practice must provide documentation showing that litter was moved off the participant's operation for an acceptable alternative use.

Documentation can be a dated receipt or note signed by the EQIP participant that shows the name and address of the receiving person or business, the amount of litter moved, and the intended use of the litter. For EQIP cost share purposes, documentation must be maintained for the life of the contract as a minimum

Payment will be based on tons of litter calculated using the Phosphorus Index. Payment is to be made on the difference between the amount produced and the amount that can be applied on the participant’s owned or leased land, even if a larger amount is used offsite.

Last Modified: 07/13/2006

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