Emergency Conservation Program and Biomass Crop Assistance Program (BCAP) - Farms

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OMB Approved No: 0560-0190
OMB Expiration Date: XX/XX/XXXX
INSTRUCTIONS FOR FSA-211
POWER OF ATTORNEY
The FSA-211, Power of Attorney is used to appoint an individual person or legal entity to act on behalf of another individual person or a legal entity as attorney-in-fact (also referred to as the Grantee). This document grants the Grantee the legal authority to act on behalf of the individual person or legal entity granting such authority (also referred to as the Grantor) to carry out the actions specified in this document. If so designated, this may include the power and authority for the Grantee to enter into binding agreements and create liability for the Grantor.  
If the Grantor is a legal entity, such as a general partnership, trust, joint venture, or other similar entity and have delegated signature authority to individuals listed in the CCC-902E or CCC-901, then only that individual must sign the FSA-211. If the Grantor is an entity such as a general partnership, trust, joint venture, or other similar entity, and there is no individual sufficiently authorized to grant power of attorney on behalf of the entity, all members of the entity must sign the Power of Attorney form, using the Continuation Sheet (FSA-211A).
If the Grantor is a corporation and their corporate documents provide for redelegation of authority to individuals, then only that individual must sign the FSA-211. If the Grantor is a corporation and their corporate documents do not provide for redelegation of authority, all officers or members of the entity must sign the Power of Attorney form, using the Continuation Sheet (FSA-211A).
If the Grantee is an entity, such as lending institutions, farm management companies, farm management corporations, limited liability companies, or other similar entities, the entity must attach a letter signed by the entity’s officer who has authority to designate signature authority for the entity with a list of individuals who are authorized to sign for the entity (Grantee). Any updated list must be submitted whenever the individuals on the list change. An entity granted authority to sign for a Grantor may not designate signature authority to an entity’s employee to sign on behalf of the Grantor but only authorize signature authority to sign on behalf of the entity (Grantee). 
This form is valid only for certain programs and actions offered by the United States Department of Agriculture’s (USDA) Farm Production and Conservation (FPAC) mission area’s agencies, which include the Farm Service Agency (FSA), the Natural Resources Conservation Service (NRCS), and the Risk Management Agency (RMA).
Every section of this form does not have to be completed. Only applicable sections to the Grantor’s requirements for power of attorney should be completed. If completing the form for FSA and/or NRCS programs, sections A and B must be completed. If completing the form for FCIC under RMA, sections E and F must be completed.
The Grantor’s signature must be witnessed by an authorized FPAC employee or notarized by a Notary Public. The completed original form must be submitted in hard copy to the appropriate USDA Service Center.
The original form must be submitted by the Grantor. FSA-211s that are received through telefacsimile machines or electronically will not be accepted.
This form may also be used to allow a Grantee to only obtain all records for FSA and NRCS programs on behalf of the Grantor.
The Grantor’s signature must be acknowledged by a Notary Public in Item 8 to be valid for NRCS Conservation Easement Programs.
Item
Instruction
Item 1
Person Granted Authority (Grantee)
Enter the name of the person or legal entity being granted the authority to act on the producer’s behalf as their attorney-in-fact.  This is the Grantee.
Item 2
Address of Grantee
Enter the address of the Grantee.
Item 3
County of Residence of Grantee
Enter the county of residence of Grantee.
Item 4
State of Residence of Grantee
Enter the State of residence of the Grantee.
Item 5
Grantor’s Name
Enter the name of the Grantor.  This is the producer that is granting the power of attorney authority to the Grantee. 

If the Grantor is an individual person, enter the name of the individual person.  If the Grantor is a legal entity such as a corporation or a partnership enter the name of the legal entity.
Check Box
Enter a checkmark in the check box under Item 5 if the Grantor elects to have the FSA-211 expire. A date must be entered for the FSA-211 to become invalid on the specified date. 

If the check box is not checked and a date is not entered, then the form will remain valid until:
    • written notice of its cancellation has been duly served upon FSA for FSA or NRCS programs, or to the applicable Approved Insurance Provider(s) for FCIC transactions; 
    • death of the undersigned Grantor; or 
    • incompetence or incapacitation of the undersigned Grantor.  
Item A1 – A7
FSA and NRCS Programs
Enter a checkmark in all applicable boxes to indicate the applicable FSA (excluding Farm Loan Programs) and/or NRCS (excluding executing Easement Deeds) program(s) for which the Grantee will act on behalf of the Grantor.
	
In A6-A7, enter the name or acronym of the specific program(s) in which the Grantee will have power of attorney for the Grantor. A current list of FSA programs can be found at https://www.fsa.usda.gov/resources/programs. A current list of NRCS programs can be found at https://www.nrcs.usda.gov/programs-initiatives.  

The Grantor must select applicable programs in this section (section A) and related action(s) in section B, if completing the form for FSA and/or NRCS programs.
Item B1 – B6
Actions for FSA and NRCS Programs
Enter a checkmark for the applicable FSA and NRCS action(s) for which the Grantee will act on behalf of the Grantor. All applicable actions should be checked.

The Grantor must select applicable action(s) in this section (section B) and related program(s) in section A, if completing the form for FSA and/or NRCS programs.
Item C
Limited Applicability to Identified Farms
Enter a checkmark in this section if the selections in sections A and B are only applicable to specific farms that are associated with the Grantor. 

The farm numbers and their associated county and state must be listed in this section (section C).

The Grantor must select applicable action(s) in section B and related program(s) in section A if this section is completed.
Item D
Obtain All Records
Enter a checkmark in this section if the Grantor is granting the Grantee the ability to obtain all FSA and NRCS program records on behalf of the Grantor.

This section (section D) can be completed on its own, regardless of completion of sections A, B, C, E, and F.
Item E1 – E4
FCIC
Crops
Enter the applicable FCIC crop(s), state, county, and year(s) for which the Grantee will act on behalf of the Grantor. If the Grantee is being authorized to act on behalf of the Grantor for all FCIC crops, enter “ALL” in Item E1.

The Grantor must complete this section (section E) and select related transaction(s) in section F, if completing the form for FCIC under RMA.
Item F1 – F7
Crop Insurance Transactions
Enter a checkmark in the applicable FCIC transaction(s) for which the Grantee will act on behalf of the Grantor. If the Grantee is being authorized to act on the Grantor’s behalf for all FCIC actions, enter a checkmark in Item F1. Specific actions not listed may be entered in Item F7 “Other (Specify).”

The Grantor must select applicable transaction(s) in this section (section F) and list the insured crops/state/county/year (or write “ALL”) in section E, if completing the form for FCIC under RMA.
Item G1 – G4
Grantor’s Agreement
By signing the FSA-211, the Grantor is agreeing to the conditions listed in items 1 through 4 of Section G, “Grantor’s Agreement.”


Item H1 – H4
Validity
By signing the FSA-211, the Grantor is agreeing to the conditions listed in items 1 through 4 of Section H, “Validity.”
Item 6A – 6C
Authorized Signatures
If the Grantor is an individual, the person granting the authority must sign in Item 6A and enter the effective date (MM-DD-YYYY) in Item 6B.

If the Grantor is an entity, such as a general partnership, trust, joint venture, or other similar entity, and there is no individual sufficiently authorized to grant power of attorney on behalf of the entity, all members of the entity must sign the Power of Attorney form, using the Continuation Sheet (FSA-211A), and checking the box in 6C.

If the Grantor is a corporation and their corporate documents do not provide for redelegation of authority, all officers or members of the entity must sign the Power of Attorney form, using the Continuation Sheet (FSA-211A), and checking the box in 6C.

The completed FSA-211A, Power of Attorney Signature Continuation Sheet must be attached to the complete FSA-211.

Notes: The individual’s signature must be witnessed by an authorized FPAC employee or acknowledged by a notary public.
Signatures not witnessed by an authorized FPAC employee or acknowledged by a valid Notary Public will not be accepted.
All FSA-211s prepared and/or presented to NRCS for participation in NRCS Conservation Easement Programs MUST be notarized. Participation in other NRCS programs does not require notarization.

See Item 7A-C if the Grantor is an entity and there is an individual sufficiently authorized to act for the entity through other documentation. 
Item 7A – 7C
Grantor’s Signature, Title, and Date

If the Grantor is an entity, such as a corporation or partnership, and an individual is sufficiently authorized to grant power of attorney on behalf of the entity, then the person granting power of attorney on behalf of the entity must sign in Item 7A, enter their title/relationship of their representative capacity to the entity in Item 7B, and enter the signature date (MM-DD-YYYY) in Item 7C.

Notes: The signature must be witnessed by an authorized FPAC employee or acknowledged by a Notary Public. Signatures not witnessed by an authorized FPAC employee or acknowledged by a valid Notary Public will not be accepted. 

All FSA-211s prepared and/or presented to NRCS for participation in NRCS Conservation Easement Programs MUST be notarized. Participation in other NRCS programs does not require notarization.
Item 8A – 8E
Notary Public Signature, State, County, Commission Expiration Date, and Signature Date
For Notary Public use only.

The Notary Public shall sign in 8A when witnessing the signature of the Grantor; enter their State and county of commission in 8B and 8C; and enter the signature date (MM-DD-YYYY) in Item 8E.

The Notary Public’s commission expiration date must be entered in 8D unless their stamp or seal includes this information. 

The Notary Public must affix their stamp or seal to the FSA-211.

In general, a notary public’s certification must include:
    • acknowledgement ("acknowledged or subscribed before me")
    • State and county of commission
    • Signature
    • Date
    • the notary’s embossing seal or stamp
    • the notary’s commission expiration date.

Notes: Questions specific to State law requirements about notary publics should be directed to the Regional Attorney’s office or applicable Secretary of State’s office.

All FSA-211s prepared and/or presented to NRCS for use for participation in NRCS Conservation Easement Programs, MUST be notarized. Participation in other NRCS programs does not require notarization.
Item 9A – 9C
Witness Signature, Signature Date, Official Position
For FPAC use only.

The FPAC employee shall sign in 9A when witnessing the signature of the Grantor and enter the date they signed in 9B and their official FPAC position in 9C.

Notes: COC members cannot witness signatures on the FSA-211. COC members are considered FSA officials and not FPAC employees.

All FSA-211s prepared and/or presented to NRCS for use for participation in NRCS Conservation Easement Programs, MUST be notarized. Participation in other NRCS programs does not require notarization.
Item 10A – 10E
For FPAC use only
For FPAC use only.

Enter the USDA Service Center title and the State of the USDA Service Center the FSA-211 is served in items 10A and 10B, respectively. Enter the day, month, and year the properly completed FSA-211 was served to the USDA Service Center in items 10C, 10D, and 10E, respectively.

Note: The FSA-211 is effective only when all the following are met:
    • all required items are completed
    • a valid signature and date are obtained, and witnessed or notarized
    • the FSA-211 is served to the USDA Service Center.