Emergency Conservation Program and Biomass Crop Assistance Program (BCAP)

Exhibit 26

(Par. 334,417,432)
Completing ACP-153A (Continued)
C Entries Completed by County Office When Returned by Agent
County Offices shall complete the following entries after ACP-153A has been returned by the
P-A agent.

Item

Entries Reported by County Office When ACP-153A Is Returned by P-A Agent

10

This data is obtained from FSA-848B. An exception is when limited resource
producers are involved according to paragraph 176. Only one FSA-848B per practice
is required for entire group participating in P-A.
Enter the total deductions, if any, for partial payments, assignments, and debts. Use
whole dollars according to paragraph 294.
Enter total ineligible contributions, if any.
Enter total eligible cost of the project.
Enter result of item 13 minus item 12.
Enter result of item 16 divided by item 14.
Enter the result of item 10 multiplied by item 17 in whole numbers. Total should
equal item 10.
Enter any deductions for debts, assignments, or partial payment advanced. Enter
amount in dollars and cents as necessary. See paragraph 294.
Enter the result of item 18 minus item 19.

11
12
13
14
17
18
19
20

D Distributing ACP-153's and FSA-848B With ACP-153A
Distribute ACP-153's,
•
•
•

11-22-10

FSA-848B's,

and ACP-153A's

according to the following:

COC retains original of ACP-153.
Give 1 copy of ACP-153 to NRCS.
Give 1 copy of ACP-153 and FSA-848B and 2 copies of ACP-153A to the agent.

l-EFRP Amend. 1

Page 2

Exhibit 26
(Par. 334,417,432)
Completing ACP-153A (Continued)
E Example of ACP-153A
The following is an example of a completed ACP-153A.
Note: See subparagraphs A, B, and C for a description of the data on ACP-153A.
This form is available

ACP-153A

u.s.

(03-30-04)

electronically

YES

-

7. IDENTIFICATION
OF PROJECT AREA (Brief description
attached ACP-308 Transmittal, if used)
The Michael-Bush
10 miles
south

G2l

NO

3. FISCAL YEAR

1

1

OF

Lebanon
9. TITLE

Restoring

EC-4

Ditch

other

of town

:

.

.

.

11. DEDUCTIONS

10. COLUMN H of AD-245

15.
FARM NO.

16.
CONTRIBUTlONS
($)

Structures

112.INELIGIBLE ~ONTRIBUTlONS

14. NET TOTAL (Item 13 minus Item 12)
8,000

8,000

17.
FACTOR

•

18.
CIS
EARNED
($)

•

19.
PAYMENT
DEDUCTION

and

a

13. TOTAL COST

..

Conservation

Installations

4,000

','

0010

6. COUNTY

8. PRACTICE NO.

with

14.AGREEMENT NO.

2004

PA

.. •

•

D

5. STATE

POOLING AGREEMENT WORKSHEET
"

2. PAGE

1. SPECIAL PROJECn

DEPARTMENT
OF AGRICULTURE
Farm Service Agency

20.
NET PAYMENT

21.
CHECK NO.

22.
REMARKS

($)

($)

A.A-45

4,000

.50

2,000

2,000

B.4-68

2,000

.25

1,000

1,000

C.A-23

2,000

.25

1,000

1,000

D.
E.
F.

G.
H.
I.
J.
K.

L.
M.
N.
O.
P.
Q.
R.
S.
T.

; ~e~!IYthat

I;"

column 16 were
as shawn.

con~ib:lions
listed in
made by the participants

The extent and cost-shares

of program

SIGNATlJRE

25. DATE (MM-DD-YYVY)

xx-xx-xxxx

will be shown on one AD-245 for the entire aoreement.

The U.S. Department
of Agriculture
political belJefs, sexual orientation,
communication

24. AGENrs

(USDA) prohibits
discrimination
In aI/Its progmms
and acffvltfes on the basis of race, ooIor, national origin, gender, reHg/on.
and marital or famify status.
(Not aft prohibited
bases apply to all programs.)
Persons with disabilities
who requIre alternative

Information

(Braille,

large print,

audiotape,

etc.) should

contact

USDA's

TARGET

Center

at (202)

720-2600

(voice

and TDO).

age, dlsabfllty.
means for

To file a complaInt

of

dIscrimination, wrlte USDA, oueoto«; Ofl/ce of Civil Rights, Room 326-W, Whlnen Building. 1400 Independence A venue. SW. Washington. D.C. 20250-9410 or ceu (202) 720-5964
(voice or TOO). USDA is an equal opportunity provfder and employer.

11-22-10

l-EFRP Amend. 1

Page 3

Par. 417
417

Developing P-A's (Continued)
A How to Develop P-A's (Continued)
Step
3

Action
If factors are favorable, the participants may:
•

organize as a group

•

designate an agent

•

attempt to get a commitment from other persons or legal entities who have an
interest

•

indicate the proportionate part of the cost each participant will bear.

Examples:

Methods that are used to divide proposed costs include the following.
•

Thirty farms receive water from an irrigation ditch that is to be
repaired. It might be considered equitable to assess the cost
against each participant based on a flat rate per acre multiplied
times the acres on the farm receiving water from the ditch. For a
mutual district, the contribution may be based on shares.

•

4

Repairing a water runoff control measure involves 1,000 units of
a practice on Farm A and only 200 units on Farm B. Only
20 acres are benefitted on Farm A, but 80 acres are benefitted on
Farm B. It might be equitable to base the division of costs on
each participant's benefitted acreage.
The group should decide whether to request financial assistance for a practice under
P-A. To request P-A, the agent must file FSA-848 and complete ACP-153.
Note: See Exhibit 26 for instructions on completing ACP-153A.
The agent will take ACP-153 to obtain the participant's signature to explain in
detail P-A conditions, participant responsibility, and how payment will be made.

11-22-10

l-EFRP Amend. 1

Page 6-2

Par. 418
418

Practice Provisions
A General Provisions

----

L

Participants in P-A's are responsible for obtaining the authorities, rights, permits, easements,
or other approvals necessary to perform the practice, as follows:
•

all participants in P-A's are jointly and severally responsible for practice maintenance
by signing ACP-153, each participant in P-A conveys authorities, rights, easements, or
other approvals to the other P-A participants to use the land to install, maintain, and
repair the practices

•

each participant in P-A's must meet the policy for small payments outlined in
subparagraph 132 B.

B P-A Practice Approvals
To approve P-A's, STC's may establish a maximum total financial assistance for which
COC's can approve P-A's without prior STC approval.
Note: When the total financial assistance requested exceeds this established maximum total
financial assistance amount, P-A's must be submitted to STC for prior approval.
C Conditions That Make Practices Ineligible Under P-A
Practices are ineligible for P-A's when:
•

the purpose is to permit 1 producer to install a practice on the land of another, primarily
for the first producer's own benefit

•

only 1 eligible participant contributes to the cost of a practice or if only token
contributions are made by other eligible participants, even though the practice may
benefit other farms

•

an identical problem exists independently on a number of farms and the type of practice
would result in primary and direct benefits only to the area treated on each farm.

D Number of FSA-848's
Prepare one FSA-848 for all practices under each P-A.

11-22-10

l-EFRP Amend. 1

Page 6-3

Par. 419
419

Designating P-A Agents
A P-A Agent Responsibilities

The signatories to P-A shall designate an agent to:
•
•

secure necessary easements, labor, and equipment
serve as the contact person with COC and the assigned technical agency.

The agent may be a P-A participant or someone other than a contributing eligible participant.
B Authority of P-A Agents
The agent's authority is included on ACP-153.
The appointment of an agent on ACP-153 does not authorize the agent to sign ACP-153 for
the participants.
The agent must have a power of attorney on file in the County Office to sign on behalf of a
P-A applicant.
C Payment to Agent
If the P-A payment will be assigned to the P-A agent, then CCC-36 assignment must be
completed. Handle assignments according to 63-FI.

11-22-10

1-EFRP Amend. 1

Page 6-4

Par. 431
Section 2
431

P-A Approvals

Factors to Consider When Approving P-A's
A P-A Approvals
The factors in subparagraph B shall be taken into account before approving P-A's.
B COC Consideration

Factors

When reviewing proposed P-A's, COC shall consider whether the:

432

•

project is needed to solve a mutual disaster-related problem

•

project will result in direct disaster-related benefits involving each participant's farm

•

project will solve a community disaster-related problem that would not be otherwise
accomplished without P-A

•

proposed P-A would provide benefits to both rural and urban communities.

ACP-153, ACP-153A, and ACP-308
A Preparation

Guidelines

Prepare ACP-153 for each P-A and prepare ACP-153A for each practice in P-A according to
Exhibit 26.
COC shall use its discretion to set the financial assistance amount approved subject to
payment limitation and allocations.
A COC member shall sign and date ACP-153.
B Approvals

If ACP-153 is disapproved, notify the P-A agent and all other signatories of the reason and
provide them with appeal rights according to l-APP.
If STC approval is required, COC shall send any permits or easements, needed reports, and
aerial photographs or photocopies to the State Office with ACP-308. See subparagraph D.
STC shall:
•
•
•

complete, sign, and date ACP-308, item 25
return the original ACP-308 and the file to County Office
keep a copy of ACP-308.

Note: If disapproved, ensure that the reason for disapproval is in ACP-308, item 25.
11-22-10

l-EFRP Amend. 1

Page 6-29

Par. 433
433

P-A Revisions
A Revised ACP-153's
If a landlord or tenant, including new persons on a farm under an approved P-A has an
interest in the project, but did not sign the original P-A, the landlord or tenant may sign a
revised ACP-153.
B

Completing

Revised ACP-153's

Do both of the following when completing revised ACP-153's:

434

ENTER "Revised"

•

attach a copy of a statement of explanation to the revised ACP-153 and send a copy to all
participants.

Preparing
A

FSA-848A

Approved

on ACP-153 and ACP-153A and have

cac member

•

initial and date

for Approval

P-A Requirement

An approved P-A is required before FSA-848A can be completed, according to
subparagraph B.
B

Completing

FSA-848A

After P-A Is Approved

The following table provides steps to complete FSA-848A after P-A is approved.
Step
1
2
3
435-445

11-22-10

Action
Complete FSA-848A in the same way as other approvals, except show the
P-A number instead of the farm number.
Attach a copy of ACP-153 and 2 copies of ACP-153A to FSA-848A to report each
person's or legal entity's contribution when the agent reports performance.
Issue FSA-848A to the P-A agent.

(Reserved)

l-EFRP Amend. 1

Page 6-32
(through

6-50)

Exhibit 26
(Par. 334,417,432)
Completing ACP-153A
A Entries Before Releasing ACP-153A to P-A Agents
County Offices shall make the following entries before releasing ACP-153A to P-A agents.
Item
1
2

3
4
5 and 6
7
8 and 9
15

Entries Made by County Office Before Releasing ACP-153A to Azent
CHECK (.i) "No" to indicate that P-A is not a special project.
Enter" 1" of" 1" if report consists of 1 page. If continuation page is needed, enter
"1" of "2" on the first page and "2" of "2" on the second page. If more pages are
needed, enter page numbers as required.
Enter FY, which should be the same FY as on corresponding ACP-153.
Enter agreement number from corresponding ACP-153.
Enter State and county names, which should be the same State and county on
corresponding ACP-153.
Enter brief, accurate description of location.
Enter number and title of practice needed to address the disaster related damages.
Enter the farm number of each participant ensuring that the lines on this form and
ACP-153 have the same identical number.

B Entries Reported by P-A Agent
P-A agents shall complete the following entries.
Item
Entries Reported by P-A Agent
16
Enter actual value, dollar or other, of each participant's eligible contribution.
24 and 25 P-A agent shall sign and date.

11-22-10

l-EFRP Amend. 1

Page 1