HomeMy WebLinkAboutFarm & Ranch Lands Protection Program ProposalSouthold Town Board - Letter Board Meeting of September 11,2012
RESOLUTION 2012-701 Item # 5.24
ADOPTED DOC ID: 8125
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-70! WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
SEPTEMBER 11, 2012:
RESOLVED that the Town Board of the Town of Southold hereby revises resolution #614-
2012August 8, 2012 regular Town Board meeting, as follows, as the money to be received has
increased:
RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the
Town Supervisor to execute Cooperative Agreement between the United States of America
Commodity Credit Corporation and the Town of Southold for the implementation of the United
States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS)
2012 Federal Farm and Ranch Lands Protection Program (FRPP) awarded grant in the amount of
$1~314~278.30 (FY 2012 Funds), subject to the approval of the Town Attorney.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: William Ruland, Councilman
SECONDER: Albert Krupski Jr., Councilman
AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell
Generated September 11, 2012 Page 2
U.S. Department of Agriculture NRCS-ADS-093
Natural Resources Conservation Service 5/2010
NOTICE OF GRANT AND AGREEMENT AWARD
Award Identifying Number 2. Amendment No. 3. Award/Project Period 4. Type of Award Instrument
r/,3 ',Z.£ ~ / '~ - ! ~/4 F N/A 8/2012-9/30/2015 Cooperative Agreement
5. Agency: Natural Resources Conservation Service (NRCS)
(Name and Address)
Natural Resources Conservation Service
The Galleries of Syracuse
441 S. Salina Street, Suite # 354 ~
Syracuse, NY 13202
7. NRCS Program Contact:
Peter B. Gibbs
FRPP Manager
8. NRCS Administrative Contact:
Kimberley A. Glenn
6. Recipient Organization: (Name and Address)
Town of Southold
P.O. Box 1179
Southold, NY 11971-0959
DUNS:
197736387
9. Recipient Program Contact:
Scott A. Russell
Town Supervisor
11. CFDA Number 12. Authority 13. Type of Action
10.913 Food Security Act of 1985, Public Law~ new agreement
EIN:
1-6001939
10. Recipient Administrative
Contact:
Melissa Spiro
Land Preservation
Coordinator
14. Project Director
Melissa Spire
631-765-5711
15. Project Title/Description:
Moffat-Wolfe Conservation Easement
Macari-Berqen Ave Conservation Easement
16. Entity Type: Profit X Nonprofit Higher Education Federal State/Local Indian/NativeAmerican Other
17. Select Funding Type: ~] Federal
Previous Total:
Current Total:
Grand Total:
$1,314,278.30
$1,314,278.30
F----] Non-Federal
18. Accounting and Appropriation Data
Financial Code Amount Fiscal Year
NR.SI.FRPPl$1,314,27
2012
19. APPROVEDBUDGET
Treasu~ Symbol
1221004
Personnel $ 0 Fringe Benefits $ 0
Travel $ 0 Equipment $ 0
Supplies $ 0 Contractual $ 0
Construction $ 0 Other $ 0
Total Direct Cost $ Total Indirect Cost $ 0
Total Federal Funds Awarded $ 1,314,278.30 Total Non-Federal Funds $
Total Approved Budget $ 1,314,278.30
nl~ais agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this award or amendment and
any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that
the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of any payments constitutes an
agreement by the payee that the amounts, il'any found by NRCS to have been overpaid, will be refunded or credited in tull to NRCS.
Page 1
U.S. Department of Agriculture NRCS-ADS-093
Natural Resources Conservation Service 5/2010
Name and Title of Authorized Government Signature Date
Representative
Donald J. Pettit, State
Conservationist
Name and Title of Authorized Recipient Signature Date
Representative ~/~~ I~/ /
Scott A. Russell ~ ~.012.,
Southold Town Supervisor
NONDISCRIMINATION STATEMENT
The U.S. Department of Agriculture (USDA) prohibits discrimination in alt its programs and activities on
the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial
status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because
all or a part of an individual's income is derived from any public assistance program. (Not all prohibited
bases apply to all programs.) Persons with disabilities who require alternative means for communication of
program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)
720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil
Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or
(202) 720-6382 (TDD). USDA is an equal opportunity provider and employer.
PRIVACY ACT STATEMENT
The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a).
Page 2
INSTRUCTIONS FOR NOTICE OF GRANT/AGREEMENT AWARD
I. Award Identifying Number:
Agreement number
2. Amendment No.:
Amendment number (if applicable)
3. Award/Project Period:
Start and end date of project
4. Type of Award Instrument:
Cooperative, Grant, or Contribution
5. Agency:
Name, Address, City, State, ZIP Code
6. Recipient Organization:
Name, Address, City, State, ZIP Code, DUNS (Data Universal Nmnbering System), and EIN (employee
identification number)
7. NRCS Program Contact:
Name m~d contact information of person to be contacted on matters involving the programmatic aspects of
the agreement
8. NRCS Administrative Contact:
Name and contact information of person to be contacted on matters involving the administrative aspects of
the agreement
9. Recipient Contact:
Name and contact information of person to be contacted on matters involving the technical aspects of the
agreement
10. Recipient Administrative Contact:
Name and contact information of person to be contacted on matters involving the administrative aspects of
the agreement
11. CFDA Number:
The Catalog of Federal Domestic Assistance number under which assistance is requested
12. Authority:
Authority under which the agreement is entered into
13. Type of Action:
Select one type of action:
i. New Agreement.--Agreement awarded for the first time
ii. Amendment/Revision.~ny change in financial obligation or deliverables
iii. Extension. Extend performance period
14. Project Director:
Name and contact information of reciplent's project director or principal investigator (if applicable)
15. Project TitledDescription:
Brief description of the purpose of the agreement
16. Entity type:
Type of recipient
17. Funding:
Federal amount of the award and the non-Federal amount to be contributed to the project
18. Accounting/Appropriation Date:
Provide the following:
i. Financial Code.--Accounting classification code
ii. Amount. Self explanatory
iii. Fiscal Year.--Self explanatory
iv. Treasury symboL--Self explanatory
19. Approved Budget:
Totals for each budget category
COOPERATIVE AGREEMENT
BETWEEN THE
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
ACTING THROUGH THE
NATURAL RESOURCES CONSERVATION SERVICE
and the
Town of Southold
for the
FARM AND RANCH LANDS PROTECTION PROGRAM
This Cooperative Agreement is entered into by and between the United States of America (the
United States), acting by and through the United States Department of Agriculture (USDA) Natural
Resources Conservation Service (NRCS) on behalf of the Commodity Credit Corporation (CCC), and the
Town of Southold for the implementation of the Farm and Ranch Lands Protection Program (FRPP).
The CCC shall utilize the expertise and services of NRCS to administer this program and perform the
duties set forth within this Cooperative Agreement. The term "Parties" as used herein refers collectively
to the United States and the Town of Southold
I. AUTHORITY.
This Cooperative Agreement is entered into by the United States under the authorities of the
Commodity Corporation Credit Charter Act, 15 U.S.C. 714 et seq. and Title II, Subtitle E, Section 2401
of the Food, Conservation, and Energy Act of 2008, Public Law 110--246, 16 U.S.C. 3838h and i. In
addition to these authorities, this Cooperative Agreement will be administered in accordance with the
policies and procedures set forth in the FRPP regulation, 7 CFR part 1491. The CCC administers the
FRPP under the general supervision of the Chief of the NRCS who is a Vice President of the CCC.
II. BACKGROUND AND PURPOSE.
Section 2401 of the Food, Conservation, and Energy Act of 2008 authorizes the Secretary of
Agriculture to facilitate and provide funding for the purchase of conservation easements that are subject
to pending offers from eligible State, Tribal or units of local government or nongovernmental
organizations for the purpose of protecting the agricultural uses and related conservation values of eligible
land by limiting non-agricultural uses of the land. To be eligible, the farm or ranch land must meet one of
three criteria:
1. contain prime, unique, or other productive soil;
2. contain historical or archaeological resources; or
3. further a State or local policy consistent with the purposes of the program.
The Food, Conservation, and Energy Act of 2008 authorized FRPP funding for fiscal years 2008 through
2012.
WHEREAS, the Town of Southold and the United States have mutual interests in preventing the
conversion of agricultural lands to non-agricultural uses; and
WHEREAS, the United States administers the FRPP through NRCS on behalf of the CCC; and
WItEREAS, the Town of Southold administers a farmland protection program and has pending
offers for acquiring agricultural conservation easements from landowners within the County of Suffolk,
New York, and the United States and the Town of Southold have agreed to combine their resources to
assure that such areas are protected from conversion to nonagricultural uses, these areas are identified on
an attachment to this Cooperative Agreement as parcels (as a group the "Protected Properties" and
individually as the "Protected Property").
WItEREAS, the Town of Sonthold intends to acquire a perpetual deed of conservation easement
("Conservation Easement") on each Protected Property.
THEREFORE, the parties agree to enter into this Cooperative Agreement.
III. BENEFITS
The benefit of this Cooperative Agreement is that funds will be provided to the Town of
Southold, herein the Cooperating Entity, for the protection of farm and ranch lands from conversion to
non-agricultural use. Section 1238H-I of the Food, Conservation, and Energy Act of 2008 authorizes the
Secretary of Agriculture to provide funding for the pumhase of conservation easements by eligible State,
Tribal or units of local government or nongovernmental organizations and authorizes the Secretary of
Agriculture to enter into agreements with eligible entities.
IV. OBLIGATION OF FUNDS
A. Upon execution of this Cooperative Agreement, the United States shall obligate the sum of $ $
$1,314,278.30 for the acquisition by the Town of Southold of conservation easements for the parcels listed
on the Attachment. This Cooperative Agreement may be amended to obligate funds in Fiscal Year 2013
if the Cooperating Entity submits parcels that rank high enough to warrant the obligation of funds. The
Town of Sonthold must close on the easement acquisition and request payment of this amount in
accordance with Part VII of this Cooperative Agreement before the dates in Table 2. The Town of
Sonthold must request payment in accordance with Part VII of this Cooperative Agreement no later than
23 months after the end of the fiscal year of fund obligation. Should the Cooperating Entity not meet the
Closing Deadline or the Payment Request Deadline dates established in Table 2, any remaining funds
may be de-obligated from this Cooperative Agreement unless the agreement is extended as provided for
in paragraph XI.D.
Table 1
Fiscal Year Attachment with Funds Obligated Fund Budget Object
Associated Citation Code
Parcels
2012 A $1,314,278.30 XX1169F 4115
2013 B $
Table 2
Fiscal Year Attachment with Closing Payment Request Attachment
of Fund Associated Deadline Deadline Expiration Date
Obligation Parcels
2012 A March 31, 2014 August 31, 2014 September 30, 2014
2013 B March 31, 2015 August 31, 2015 September 30, 2015
B. This Cooperative Agreement is the authorizing document that obligates CCC funds for the
acquisition of conservation easements by the Town of Southold. Attachment A to this Cooperative
Agreement specifies the properties on which FY 2012 CCC funds will be used. Attachment B to this
Cooperative Agreement, if funded, will specify the properties on which FY 2013 funding will be used (as
referenced in the chart above). The Attachment will specify the properties on which CCC funds will be
used within the County of Suffolk, New York and will include a list with a detailed breakdown of the:
1. name of the landowner(s);
2
2. number of acres to be acquired;
3. the estimated Conservation Easement value;
4. estimated Federal contribution to the estimated Conservation Easement value, and
5. whether offered parcels have been approved for funding.
C. Attachments must include offered parcels and parcels considered as substitutions under
Section IX B. 13. of this Cooperative Agreement. Parcels not included in the Attachment as of September
30th of the fiscal year of funding will not be eligible for funding.
D. However, nothing in this document obligates the United States or the Town of Southold to
purchase all or any of the Conservation Easement parcels listed in the Attachment.
V. FEDERAL CONTRIBUTION
The Federal contribution for the acquisition of each Conservation Easement acquired by the
Town of Southold shall be up to but not more than 50% of the appraised fair market value of the
conservation easement. The United States' contribution cannot be used for closing and related
administrative costs incurred by the Town of Southold in acquiring the conservation easement. The
Federal contribution for parcels must be based on an appraisal of the Conservation Easement performed
by a certified general appraiser in accordance with either the Uniform Standards of Professional Appraisal
Practices (USPAP) or the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA)
(Interagency Land Acquisition Conference, 2000) and policies and procedures in the NRCS Conservation
Programs Manual, Part 519.
VI. COOPERATING ENTITY'S CONTRIBUTION
The Town of Southold, or its designated escrow agent must disburse 100 percent of the payment,
representing the easement purchase price, to the landowner at the time of closing. The Cooperating Entity
must contribute in cash at least 25 percent of the purchase price (appraised fair market value minus the
landowner donation) of the easement.
Before NRCS accepts the Conservation Easement and issues a payment, the Town of Southoid
must self-certify on the NRCS Form 230, Confirmation of Matching Funds (Exhibit 1), that the Town of
Southold's share of matching funds has not come from additional donations, payments, loans or fees
made by or charged to the Grantor of the Conservation Easement, immediate family members, or
organizations controlled by or funded by the Grantor of the Conservation Easement, either through formal
or informal agreements.
The Cooperating Entity must make all contributions in accordance with the policies and
procedures in the Ix[RCS Conservation Programs Manual, Pan 519.
VII. PAYMENTS
A. The Town of Southold shall notify the United States when the CCC funds are to be paid.
CCC funds shall be paid to the Town of Southold when the United States is provided a copy of the
recorded Conservation Easement and the Town of Southold has paid the landowner(s). Where the Town
of Southold cannot obtain 100 percent of the funds to be paid at closing to the landowner(s) and requires
the United States to make its payment at closing rather than on a reimbursable basis, the Town of
Southold may request a waiver for the United States to pay its share of the Conservation Easement
purchase at closing. When a waiver is requested, the Town of Southold shall notify NRCS at least 60
days prior to closing. If the waiver is approved, the United States will make payment to an authorized
closing agent via electronic transfer. Upon receipt of the funds, the closing agent will sign a payment
receipt form and return it to the United States. The closing agent will hold the funds in escrow for a
period not to exceed 14 calendar days. If interest is earned on CCC funds, the closing agent must return
any interest earned to the United States.
B. All Conservation Easements used by the Town of Southold must be approved by NRCS prior
to purchase of the conservation easement. All Conservation Easements or proposed deed provisions must
be submitted to NRCS 45 days prior to the Cooperating Entity ordering the appraisal report of the first
parcel for which the deed will be used.
C. To obtain payment of FRPP funds, whether after closing or in advance of closing, the Town of
Southold will submit Form SF-270, Request for Advance/Reimbursement of Funds (Form SF-270
Exhibit 2), and the information specified below to the New York NRCS State Office. Pr/or to submitting
the SF-270 for an advance of funds, the Town of Southold must also request a copy of closing agent
requirements from the United States and ensure that the closing agent meets these requirements. The
Town of $outhold may submit the Form SF-270 prior to closing when a payment is issued at closing, or
after all the deeds have been recorded and the landowner has been paid, or on a quarterly basis for each
quarter that Conservation Easements have been recorded and the landowner(s) have been paid.
D. At a minimum, the following information shall be included in, or attached to, the SF-270,
before NRCS will accept the Conservation Easement and disbursing payment:
1. the name of the Cooperating Entity
2. Tax Identification Number (TIN) for the Cooperating Entity
3. Cooperative Agreement number
4. Conservation Easement numbers (if applicable)
5. landowner (s) name(s), address and telephone number
6. total amount of dollars paid the landowner for each conservation easement, specifying the
CCC share and the non-CCC share of the Conservation Easement cost
7. acres acquired for each Conservation Easement
8. copy of the Conservation Easement(s) for each easement, if a reimbursement is requested
then Copy must be of recorded Deed with recording receipt.
9. NRCS Form 230, Confirmation of Matching Funds, for each easement
10. a copy of the American Land Title Association (ALTA) title insurance policy for each
Conservation Easement.
VIII. CONSERVATION EASEMENT REQUIREMENTS
A. The Town of Southold shall ensure that conservation easements acquired under this
Cooperative Agreement meet the following requirements:
1. Run with the land in perpetuity or for the maximum duration allowable under State law,
where State law prohibits a permanent easement.
2. Protect agricultural use and related conservation values by limiting nonagricultural uses of
the land;
3. Provide for the administration, management, and enfomement of the Conservation Easement
by the Town of Southold or its successors;
4. Require management of highly erodible land on the property in accordance with a
conservation plan that is developed utilizing the standards and specifications of the NRCS
field office technical guide, and consistent with 7 CFR part 12. The following paragraphs
will be included in all Conservation Easements that are acquired using FRPP funds and
contain highly erodible land, exactly as produced below though the italics may be removed:
As required by section 12381 of the Food Security Act of1985, as amended, the Grantor,
his' heirs, successors', or assigns, shall conduct agricultural operations on highly erodible
land on the Protected Property in a manner consistent with a conservation plan prepared
in consultation with NRCS aml the Conservation District. This conservation plan shall be
developed using the standards and specifications ~f the NRCS Field Q[fice Technical Guide
4
and 7 CFR part 12 that are in effect on the date of this Conservation Easement Deed.
However, the Grantor may develop and implement a conservation plan that proposes a
higher level of conservation and is consistent with the NRCS Field Office Technical Guide
standards and spec~fications. NRCS shall have the right to enter upon the Protected
Property, with advance notice to the Grantor, in order to monitor compliance with the
conservation plan.
In the event of noncompliance with the conservation plan, NRCS shall work with the
Grantor to explore methods of compliance and give the Grantor a reasonable amount of
time, not to exceed twelve months, to take corrective action. If the Grantor does not comply
with the conservation plan, NRCS will inform Grantee of the Grantor's noncompliance.
The Grantee shall take all reasonable steps (including efforts' at securing voluntary
compliance and, if necessary, appropriate legal action) to secure compliance with the
conservation plan following written notification from NRCS that (a) there is' a substantial,
ongoing event or circumstance of non-compliance with the conservation plan, and (b)
NRCS has worked with the Grantor to correct such noncompliance.,
If the NRCS standards and specifications for highly erodible land are revised c~er the date
of this Conservation Easement Deed based on an Act of Congress, NRCS will work
cooperatively with the Grantor to develop and implement a revised conservation plan. The
provisions of this section apply to the highly erodible land conservation requirements of the
Farm and Ranch Lands Protection Program and are not intended to affect any other
natural resources conservation requirements to which the Grantor may be or become
subject.
5. Where pamels are being enrolled in FRPP based on historical or amheological resoumes,
certify that management, maintenance and oversight/monitoring of historic and
archaeological properties shall follow the Secretary of Interior's Standards and Guidelines for
Archeology and Historic Preservation or those of the State Historic Preservation Officer or
American Indian Tribe, as appropriate, if the pamel includes contributing historic and
archaeological resources. To contribute to the eligibility of farm or ranch lands for FRPP, the
historic and archeological resources must be listed in or meet the National Register of
Historic Places eligibility criteria or must be included on a State or Tribal register or
inventory of historic properties. The deed must include a statement setting forth the historic
and/or archaeological values being protected, identify an entity who will manage and protect
the historic and archaeological resources, and briefly document the indentified entity's
professional capacity to carry out the commitment to manage and protect the historic and
archaeological resources. If the Town of $outholdl does not have the expertise to meet
these responsibilities and has acquired such expertise through a formal agreement with a
historic preservation entity, this third-party must be identified in the easement deed.
6. Include the following "Right of Enforcement" provision exactly as produced below, though
the italics may be removed:
Under this Conservation Easement, the United States is granted the right of enforcement in
order to protect the public investment. The Secretary of the United States Department of
Agriculture (the Secretary) or his or her assign& on behalf of the United States, may
exercise this right of enforcement under any authority available under State or Federal law
~f the Town of Southold ,or its successors or assigns, fails' to en.[brce any of the terms of
this' Conservation Easement, as determined in the sole discretion of the Secretary.
Include the following "General Indemnification" provision exactly as produced below,
though the italics may be removed:
"General Indemnification. Grantor shall indemnify and hold harmless the United States,
its employees, agents, and assigns for any and all liabilities, claims, demands, losses,
expenses, damages, fines, fees, penalties, suits, proceedings, actions, and costs' t?f actions,
sanctions asserted by or on behalf of any person or governmental authority, and other
liabilities (whether legal or equitable in nature and including, without limitation, court
costs, and reasonable attorneys 'fees and attorneys 'fees on appeal) to which Grantee and
the United States may be subject or incur relating to the Protected Property, which may
arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's
breach of any representation, warranty, covenant, agreements contained in this
Conservation Easement Deed, or violations of any Federal, State, or local laws, including
all Environmental Laws."
Include the following "Enviromnental Warranty" provision exactly as produced below,
though the italics may be removed:
"Environmental Warranty. Grantor warrants' that it is in compliance with, and shall
remain in compliance with, all applicable Environmental Laws. Grantor warrunts that
there are no notices by any governmental authority of any violation or alleged violation of,
non-compliance or alleged non-compliance with or any liability under any Environmental
Law relating to the operations or conditions of the Property. Grantor further warrants that
it has no actual knowledge ora release or threatened release of Hazardous Materials', as
such substances and wastes are defined by applicable.federal and state law.
Moreover, Grantor hereby promises to hold harmless and indemnify the Gruntee and the
United States against all litigation, claims, demands, penalties and damages, including
reasonable attorneys '.fees, arising from or connected with the release or threatened
release of any Hazardous Materials on, at, beneath or from the Protected Property, or
arising.from or connected with a violation of any Environmental Laws by Grantor or any
other prior owner of the Protected Property. Grantor's indemnification obligation shall
not be affected by any authorizations provided by Grantee or the United States to Grantor
with respect to the Protected Property or any restoration activities carried out by Grantee
at the Protected Property; provided, however, that Grantee shall be responsible for any
Hazardous Materials contributed after this date to the Protected Property by Grantee.
"Environmental Law" or "Environmental Laws" means any and all Federal, state, local
or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines,
policies or requirements of any governmental authority regulating or imposing standards
of liability or standards of conduct (including common law) concerning air, water, solid
waste, hazardous materials, worker and community right-to-know, hazard communication,
noise, radioactive material, resource protection, subdivision, inland wetlands and
watercourses, health protection and similar environmental health, safety, building and land
use as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum product& fuel oil, waste oils,
explosives, reactive materials, ignitable materials, corrosive materials, hazardous
chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic
substances, toxic chemicals, rudioactive materials, infectious materials and any other
element, compound, mixture, solution or substance which may pose a present or potential
hazard to human health or the environment."
Include a provision regarding condemnation, extinguishment, or termination of the
Conservation Easement. The provision will provide notice that the United States' property
interest may not be condemned, extinguished, or terminated without the explicit consent of
the United States. The provision will require advance notice to NRCS of the initiation of any
proceeding to terminate, condemn, or extinguish the Conservation Easement and that if the
United States consents to such an action then part of the resulting proceeds will be owed to
the United States.
10. Include provisions regarding the amount of impervious surfaces permitted on the Property, in
accordance with the provisions of the NRCS Conservation Programs Manual, Part 519 in
effect when this Cooperative Agreement was executed.
11. Include signature of the NRCS State Conservationist or responsible official as delegated by
the State Conservationist on the Conservation Easement, accepting the property interest of the
United States.
12. Address the following permitted uses of the Protected Property by the Grantor in the
Conservation Easement. Other permitted uses may be added if they do not conflict with the
conservation values of the Protected Property. For further explanation of these provisions, see
the NRCS Conservation Programs Manual, Part 519.64.
a. Agricultural Production - the production, processing, and marketing of agricultural
crops for purposes consistent with the terms of the Conservation Easement.
b. Forest Management and Timber Harvest - forest management and timber harvesting
shall be performed in accordance with a written forest management plan consistent with
the Conservation Easement. Parcels containing more than 40 contiguous acres or 20% of
the easement area (whichever is greater) of forested land must have a forest management
plan.
c. Wetland Pond Restoration and Creation - permitted if it is consistent with the terms
and purposes of the Conservation Easement.
d. Non-developed Passive Recreation and Educational Activities - permitted if it does not
impact the soils and the agricultural operations and is consistent with the purpose of the
Conservation Easement.
e. Customary Rural Enterprises - permitted on the Protected Property and in the buildings
constructed and maintained for the agricultural use of the Protected Property.
f. Agri-tourism - Low impact agri-tourism activities are permitted, such as farm tours,
work experiences, field trips, petting zoos, corn mazes, and hay rides.
g. Roads - permitted if they are already in place or if new roads are necessary to carry out
the agricultural operations on the Protected Property.
h. Fences - may be maintained and replaced and new fences installed if they are
necessary for agricultural operations on the Protected Property or to mark boundaries of
the Protected Property.
i. Oil, Gas, or Mineral Exploration and Extraction - is not permitted on or from the
Protected Property when the mineral rights are owned by the landowner and not leased by
a third party.
If a third party owns the oil, gas, or mineral rights:
(1) the NRC S State Conservationist will conduct an assessment of each offered
parcel to determine if the United States will accept the Conservation Easement,
and
(2) the Conservation Easement will require that oil, gas, and mineral exploration
and extraction is:
7
i. done with the least adverse impact possible on the conservation values
of the Protected Property, including but not limited to the Protected
Property's use for agriculture. This includes, but is not limited to
impacts associated with any exploration and extraction related structures
or access roads,
ii. within the impervious surface limits of the Conservation Easement,
and
iii. carried out in accordance with state and local regulations.
j. On Farm Energy Production --renewable energy production is allowed for the purpose
of generating energy for the agricultural and residential needs of the Protected Property.
Renewable energy sources must be built and maintained in accordance with any local
zoning ordinance and applicable State and Federal law and be built and maintained
within impervious surface limits and with minimal impact on the Protected Property.
13. Include the following prohibited uses of the Protected Property and any other prohibited uses
necessary to protect the conservation values of the Protected Property in the Conservation
Easement.
a. The Conservation Easement will prohibit the following activities.
(1) Waste and Dumping - is prohibited. Composting and storage of manure and
non-hazardous agricultural wastes produced on the farm or ranch is permitted.
(2) Subdivision - is prohibited. Subdivision is only permitted where state or
local regulations explicitly require subdivision to construct residences for
employees working on the Protected Property.
(3) Violation of Federal Criminal Statutes--is prohibited. No activities shall be
permitted on the land in violation of current Federal criminal statutes even if
these activities do not violate state criminal statutes or are specifically authorized
by the State.
b. The Conservation Easement will prohibit the following activities, though the
prohibition may be subject to the qualifications stated below when written in the
Conservation Easement.
(1) Industrial or Commercial Uses - are prohibited unless expressly permitted for
agricultural purposes.
(2) Construction on the Protected Property - is prohibited, except for structures,
building, and improvements built or placed within a designated building
envelope that support the agricultural use of the Protected Property.
(3) Mining - is prohibited, except where mineral rights are owned or leased by a
third party consistent with the above paragraph 12.i. and for limited mining to the
extent that the materials mined (e.g. sand, gravel, or shale) are used for
agricultural operations on the Protected Property. In that case, extraction must be
limited to a small, defined area or acreage and must not adversely impact the
conservation values of the easement deed, including the land's use for
agriculture.
(4) Motorized Vehicle Use - is prohibited except to support agricultural use,
forestry, habitat management, law enforcement and public safety, or conservation
uses of the Protected Property, and residential and recreational uses permitted by
the Conservation Easement.
8
(5) Granting of easements for utilities and roads - is prohibited when the utility
or road will adversely impact the conservation values of the easement deed,
including the land's use for agriculture.
(6) Surface Alteration - is prohibited unless it is in accord with general
agricultural uses of the Protected Property and does not adversely impact the
conservation values of the easement deed, including the land's use for
agriculture.
(7) Signage - prohibited except for signs to identify the farm or ranch, signs to
advertise products and services provided by the farm or ranch, and signs to
identify the farm or ranch as a participant in FRPP and the Local Grantee's
program. Conservation Easements should specify limitations on sign size.
c. Other provisions may be added when they are necessary to protect the conservation
values of the Protected Property. The introduction to this section of the Conservation
Easement must include a statement that all activities that are inconsistent with the
purposes of the Conservation Easement are prohibited. For further explanation of these
provisions, see the NRCS Conservation Programs Manual, Part 519.64.
IX. RESPONSIBILITIES.
A. Those of the United States -
1. The United States, by and through the NRCS, shall provide technical and other services
required to assist the landowner in developing an appropriate conservation plan in accordance
with 7 CFR part 12. To ensure that the conservation plan is implemented in accordance with 7
CFR part 12, the NRCS will be provided the opportunity to conduct periodic field visits on
lands that are enrolled in the FRPP and associated lands owned or managed by the landowner
which are also subject to 7 CFR part 12.
2. The CCC shall, subject to the availability of funds, disburse the appropriate funds to the Town
of Southoid in accordance with Part 1V and VII of this Cooperative Agreement.
3. Prior to NRCS accepting the Conservation Easement and processing the payment, the NRCS
State Conservationist shall:
a. ensure that a conservation plan for highly erodible lands is developed in accordance
with 7 CFR part 12 and that an AD-1026 has been filed;
b. obtain approval of the Conservation Easement or Conservation Easement provisions
from the National Headquarters; and
c. when funds are advanced to the Cooperating Entity prior to closing, acquire a signed
letter from the closing agent indicating that the agent meets FRPP closing agent
requirements, an executed NRCS Form 230, Confirmation of Matching Funds, and a
copy of the title commitment.
4. NRCS shall conduct technical reviews of appraisals in accordance with NRCS Conservation
Programs Manual, Part 519.
5. NRCS shall certify payment for all conservation easements for parcels listed on each
attachment acquired by the fund disbursement deadline for each attachment.
B. Those of the Town of Southold
1.In accordance with 2 CFR 25, the Town of Southoid certifies that it has a valid Dun &
Bradstreet Data Universal Numbering System (DUNS) number and has an active Central
Contractor Registration (CCR) registration with current information.
9
DUNS # 197736387
2. The Town of Southold shall perform necessary legal and administrative actions to ensure
proper acquisition and recordation of valid Conservation Easements.
3. The Town of Southold shall pay all costs of Conservation Easement procurement and will
operate and manage each Conservation Easement in accordance with the Town of Southold
program, this Cooperative Agreement, and 7 CFR part 1491. The United States shall have no
responsibility for the costs or management of the conservation easements purchased by the
Town of Southold unless the United States exercises its rights under a Conservation Easement.
The Town of Southold shall indemnify, 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 Town of Southold in connection with its acquisition and management of the
conservation easements acquired pursuant to this Cooperative Agreement. This
indemnification and hold harmless provision includes but is not limited to acts and omissions of
the Town of Southold agents, successors, assigns, employees, contractors, or lessees in
connection with the acquisition and management of the conservation easements acquired
pursuant to this Cooperative Agreement which result in violations of any laws and regulations
which are now or which may in the future become applicable.
4. Non-governmental organizations shall continue to meet the requirements specified in Title II,
Subtitle E, Section 2401 of the Food, Conservation, and Energy Act of 2008. The Act states an
eligible organization is "any organization that--
a. is organized for, and at all times since the formation of the organization has been
operated principally for, 1 or more of the conservation purposes specified in clause (i),
(ii), (iii), or (iv) of section 170(h)(4)(A) of the Internal Revenue Code of 1986;
b. is an organization described in section 501(c)(3) of that Code that is exempt from
taxation under 501 (a) of that Code;
c. is described in section 509 (a)(1) or (2) of that Code; or
d. is described in section 509(a) (3) of that Code and is controlled by an organization
described in section 509 (a) (2) of that Code."
5. The Town of Southold shall address in each Conservation Easement in which CCC funds are
used as part of the acquisition the permitted/prohibited uses set forth in Paragraph VIII of this
Cooperative Agreement.
6. Prior to payment certification, the Town of Sonthold shall ensure that all lands for which a
Conservation Easement has been acquired will have a conservation plan, as described in
Paragraph VIII of this Cooperative Agreement.
7. The Town of Southold shall prohibit all non-agricultural uses of the encumbered properties,
except for recreational uses, such as hiking, hunting, fishing, boating, and homeback riding to
the extent those activities do not conflict with the purpose of Section 2401 of the Food,
Conservation, and Energy Act of 2008 (Pub. L. 110 - 246).
8. At a minimum, the Town of Southold shall monitor FRPP Protected Properties on an annual
basis to ensure that the Conservation Easements are being implemented according to the deed
provisions. An annual report of the status of acquired Conservation Easements will be
submitted to the NRCS representative at the State level. The NRCS representative will define
the format of this report.
9. In acquiring Conservation Easements, the Town of Southold shall ensure that the title to the
lands or interests therein shall be unencumbered or, if encumbered by outstanding or reserved
10
interests, the Town of Southold shall ensure that any outstanding interests am subordinated to
the Conservation Easement or that any exceptions from this subordination requirement are
approved by the NRCS and are consistent with the purposes of the Farm and Ranch Lands
Protection Program. The Town of Southold shall provide to NRCS a copy of the title
commitment or title report 90 days before the intended closing date and any other requested
documentation related to title so that NRCS can review the title commitment to ensure there are
no encumbrances that would allow non-agricultural use of the property that are not acceptable
to NRCS. The Town of Southold shall assure that proper title evidence is secured using an
Owner's ALTA policy 06/17/06 with the entity listed as the insured on the policy and the
policy issued for an amount at least equal to the FRPP funds received for the acquisition.
10. The Town of Southold will have an appraisal conducted on each Protected Property. The
effective date of the appraisal must be within the 12 months prior to the closing on the
Conservation Easement on the Protected Property and NRCS accepting an interest in the
Conservation Easement. The appraisal will be conducted by a certified general appraiser and
will conform to the Uniform Standards of Professional Appraisals Practices OR the Uniform
Appraisal Standards for Federal Land Acquisitions (Interagency Land Acquisition Conference,
2000) and the NRCS appraisal specifications. The appraiser must meet the
qualifications found in section B (Appraiser Qualifications) of the NRCS appraisal
specifications.
a. The Town of Sonthold will provide the appraiser with the following items.
(1) A copy of the NRCS appraisal specifications (Exhibit 4);
(2) A copy of the Conservation Easement to each appraiser conducting an
appraisal for the Cooperating Entity;
(3) Aerial photograph of the subject property with the location of the proposed
easement area identified, access to the easement area identified, easement
boundary identified, and an estimate of the acres in the proposed easement
identified;
(4) Legal description of subject property;
(5) Aerial photograph indicating the location and acreage of any conservation
agreement, contract, or easement of any type that is associated with any part of
the subject property;
(6) Recorded landowner's name, address, and telephone number;
(7) Specific details of any existing easements, reservations, or other restriction
currently encumbering the subject property as provided by the landowner;
(8) Current information as to the status of title of ownership, such as copies of
deeds;
(9) Documentation of water rights owned, including name of irrigation company,
number of shares or amount of ownership, and documentation concerning
irrigation wells on the property to be appraised as provided by the landowner;
(10) A copy of the recorded written access to the easement area, if available; and
(11) Copy of preliminary title commitment covering the proposed easement area.
b. The Town of $outhold must provide the appraiser with a Conservation Easement and
receive a separate appraisal report for each Protected Property. The Conservation
11
Easement provided to the appraiser will be consistent with the conservation easement
requirements of Section VIII of this Cooperative Agreement.
c. The Town of Southold will be listed as the client and NRCS will be listed as a user in
the appraisal report. Under no circumstances will the Town of Southold allow the
landowner to approve or disapprove of the appraiser selected to prepare the appraisal
report. The landowner cannot be listed as the client.
d. The completed appraisal report must be provided to NRCS within 90 days of closing
the conservation easement. NRCS will conduct a technical review of the appraisal. The
Conservation Easement will not be closed until the appraisal report has been accepted by
the technical reviewer.
11. The Town of Southold shall not use FRPP funds to place an easement on a property in which
the Town of Southold's employee or board member, with decision-making involvement in
matters related to easement acquisition and management, has a property interest. The Town of
Southoid shall not use FRPP funds to place an easement on a property in which a person who
is an immediate family member or household member of an employee or board member, with
decision-making involvement in matters related to easement acquisition and management, has a
property interest. Further, the Town of Southold agrees to generally conduct itself in a manner
so as to protect the integrity of Conservation Easements which it holds as well as avoid the
appearance of impropriety or actual conflicts of interests in its acquisition and management of
conservation easements.
12. The Town of Southold agrees that it will not at any time, when the Town of Southold is
named as a Grantee on the Conservation Easement, seek to acquire the remaining fee interest in
the Protected Property. Likewise, if the Town of Southold enters into an agreement with
another entity to manage/monitor the Conservation Easement, and the Town of Southold seeks
to acquire the underlying fee, the Town of Southold agrees to immediately terminate such a
relationship and arrange for an uninterested party to manage/monitor the Conservation
Easement.
13. The Town of Southold may substitute parcels approved for funding in the same fiscal year as
the Attachment. Unfunded parcels may only be deferred forward to the next fiscal year.
Substitute parcels cannot be added to the Attachment after September 30th of the fiscal year of
funding.
a. Landowners associated with substitute parcels must
(1)submit a Conservation Program Application (NRC S CPA-1200),
(2) meet Adjusted Gross Income (AGI) eligibility and HEL/WC eligibility for the
fiscal year of funding.
b. Substitute parcels do not require a pending offer to be listed on the Attachment,
however, prior to the substitute parcel being eligible for funding, there must be
(1) a pending offer, and
(2) the land must meet eligibility criteria.
c. The State Conservationist may require substitute parcels to be reranked.
14. When a conservation plan violation is reported to the Town of SouthoM by NRCS, after all
administrative and appeal rights have been exhausted by the landowner in accordance with 7
CFR part 12 and 7 CFR part 614, the The Town of Southold shall implement easement
enforcement procedures.
12
15. The The Town of Southold will report the Federal Cash for the advance of any funds and the
Federal Expenditures and Unobligated Balance of funds using the Federal Financial Report
Standard Form 425 (Exhibit 5). This will be submitted to the NRCS State office within 5
business days prior to December 31, March 31, June 30, and September 30 if the The Town of
Southold closes a conservation easement on a parcel in this agreement during that fiscal
quarter. Reports shall be submitted on an accrual accounting basis. Failure to submit reports in
accordance with the above schedule may result in suspension or termination of award. A final
report shall be submitted no later than 90 days after the completion of the award. For final
FFRs, reporting end date shall be the end date of the project or agreement period.
16. Paragraphs 3, 6, 7, 8, 11, 12 and 14 of this Section shall survive the termination or expiration
of this agreement.
X. PUBLIC INFORMATION and CIVIL RIG}ITS
A. The Town of Sonthold agrees to include USDA Natural Resoumes Conservation Service in
any public news releases, events, brochures, fact sheets, etc. related to acquisition of the
properties in the Attachments listing properties acquired with FRPP funds under with this
agreement.
B. The Town of Southold agrees to provide to the NRCS New York State Public Affairs
Specialist for review and comment before public release draft copies of fact sheets or success
stories developed for FRPP funded properties acquired under this agreement. This will be
provided to NRCS a minimum of three (3) business days before publication. NRCS will return
any comments to the Town of Southold within two (2) business days of receipt of the draft
publication.
C. The Town of Southold agrees to comply with NRCS guidelines and requirements regarding
the disclosure of information protected under Section 1619 of the Food, Conservation, and
Energy Act. (PL 110-246) Activities performed under this agreement may involve access to
confidential and potentially sensitive information about governmental and landowner issues.
Confidential information means information or data of a pemonal nature, proprietary about an
individual, or information or data submitted by or pertaining to an organization. This
information shall not be disclosed without prior written consent of NRCS. The FOIA officer
should be contacted if there are any questions surrounding the disclosure of information
pursuant to one of the exceptions of Section 1619.
XI. GENERAL PROVISIONS.
A. The term of this Cooperative Agreement shall be from the date of the last signature affixed
hereto through September 30, 2015.
B. If Conservation Easements on all the parcels listed on Attachments A and B or the
substitutions for those parcels are not closed or reimbursement is not requested by the dates
indicated in Section iV, any remaining funds may be released from this obligation unless a
written request to extend the closing or reimbursement date is sent to the State Conservationist
within 30 days of such date. A request to amend the Attachment expiration date for specific
Conservation Easements must be sent to the State Conservationist a minimum of 60 days prior
to the expiration date of the Attachment or these funds will be released from this obligation.
C. 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 Town of
Southold. Nothing herein shall preclude the United States or the Town of Southold from
entering into other mutually acceptable arrangements or agreements, except as identified in Part
IX of this cooperative agreement. Such documents shall be in writing, reference this
13
Cooperative Agreement, and shall be maintained as part of the official Cooperative Agreement
file.
D. This Cooperative Agreement may be amended or modified by written amendment signed by
the authorized officials of the United States and the Town of Sotlthold. The Cooperative
Agreement may be extended only if extenuating cimumstances occur with the individual
Conservation Easements for which an extension is requested.
E. The United States may terminate this Cooperative Agreement if the United States determines
that the Town of Southold has failed to comply with the provisions of this Cooperative
Agreement or if it determines that it is in the best interests of the United States to terminate. 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 parts 1403, 3016 and 3019, as applicable.
F. This Cooperative Agreement constitutes financial assistance and, therefore, the following
provisions are applicable:
1. 7 CFR Part 3015, Uniform Federal Assistance Regulations;
2. 7 CFR Part 3016, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State And Local Govermnents;
3. 7 CFR Part 3019, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations;
4. 7 CFR Part 3017, Government Debarment and Suspension;
5. 7 CFR Part 3021, Government-wide Requirements for a Drug-free Workplace;
6. 7 CFR Part 3052, Audits of Institutions of Higher Learning and Non-Profit Institutions;
7. 2 CFR Part 170, Reporting Subaward and Executive Compensation Information
8. 2 CFR Part 175 (b), Award Term for Trafficking in Persons
9. 2 CFR Part 230, Office of Management and Budget (OMB) Cireular A-122, Cost
Principles for Non-Profit Organizations; or 2 CFR part 225, Cost Principles for State,
Local and Indian Tribal Governments, OMB Circular A-87, OMB Circular A-133, Audits
of States, Local Governments and Non-Profit organizations, and
10. Treasury Circular 1075, Withdrawal of Cash from Treasury for Advance under Federal
and Other Programs
G. It is the intent of the United States to fulfill its obligations under this Cooperative Agreement.
However, NRCS cannot make commitments in excess of funds authorized by law or made
administratively available. IfNRCS cannot fulfill its obligations under this Cooperative
Agreement because of insufficient funds, this Cooperative Agreement will automatically
terminate.
H. The Town of Southold shall give CCC, the United States, or the Comptroller General,
through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to this Cooperative Agreement.
I. The Town of Southold agrees to comply with all applicable Federal, State, and local laws.
J. USDA employees shall be familiar and comply with Federal, State, local and USDA motor
vehicle safety requirements and policies, including USDA's mandatory ban on text messaging
as outlined in this regulation. (EO 13513, "Federal Leadership on Reducing Text Messaging
While Driving," dated October 1, 2009 and 5 U.S.C. 7902(d) "Safety Programs").
14
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 applicable regulations.
L. The Town of Southold certifies that it is in compliance with the Agriculture, Rural
Development, Food and Drag Administration, and Related Agencies Appropriations Act, 2012,
P.L. No. 112-55, Division A, Sections 738 and 739 regarding corporate felony convictions and
corporate federal tax delinquencies. Accordingly, by accepting this award the recipient
acknowledges that it: (1) does not have a tax delinquency, meaning that it is not subject to any
unpaid Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability, and (2)
has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony
criminal violation under any Federal or State law within 24 months preceding the award, unless
a suspending and debarring official of the United States Department of Agriculture has
considered suspension or debarment of the recipient corporation, or such officer or agent, based
on these convictions and/or tax delinquencies and determined that suspension or debarment is
not necessary to protect the interests of the Government. If the recipient fails to comply with
these provisions, Natural Resources Conservation Service will annul this agreement and may
recover any funds the recipient has expended in violation of sections 738 and 739.
XII. EXHIBITS.
Exhibit 1 - 519.110 Form 230 Confirmation of Matching Funds
Exhibit 2 - Standard Form 270 (SF-270) Request for Advance or Reimbursement
Exhibit 3 - 519.102 NRC S Appraisal and 519.105 Technical Review Specifications
Exhibit 4 - Standard Form 425 (SF-425) Federal Financial Report
t5
XII. PRINCIPAL CONTACTS.
The United States representative for this Cooperative Agreement is:
Donald J. Pettit, State Conservationist
Natural Resources Conservation Service
on behalf of the Commodity Credit Corporation
441 S. Salina Street, Suite # 354
Syracuse, NY 13202
315-477-6504
The Town of Southold representative for this Cooperative Agreement is:
Mr. Scott A. Russell, Town Supervisor
Town Of Southold
P.O. Box 1179
Southold, NY 11971-0959
631.765.1889
IN WITNESS WHEREOF, the following authorized representatives of the United States and the
Town of $outhold have executed this Cooperative Agreement.
THE Town of Southold
By: Mr ~tcot~ A 'Russell Town Supervisor
Date
Town of Southold
UNITED STATES OF AMERICA
COMMODITY CREDIT CORPORATION
By: Don Pettit State C~nservationist
/
Date
i~<laction was authorized at an official meeting of the ~t,on~,~.,4on the
ay ot~...~, 201~t ~o~old, M~.
Attestd,~ ~ ~
Title: -[ ~o~ ~1~ Date: q[l~l~
Name/Title Date
F,.NM ~unds:~Available
Amount: $ ~.. '39 ! ~ , a~; '~ -
Acct. Code:! ~-..~,q~ ge
16
Attachment A- Fiscal Year 2012I
List of Pending Conservation Easement Offers with Obligation of FY 2012 Funds
This attachment must include offered parcels and parcels considered as substitutions under Section IX B. 13. of this
agreement. Parcels not included in the attachment when funds are obligated will not be eligible for funding.
A copy of this Attachment will be uploaded into NEST within 14 days of the execution of the cooperative agreement
Estimated Federal Selected
Landowner's Name Total ConservationEStimated Contribution (no greater ParcelNESTID for
Acres Easement Value than 50% of the Estimated Number Funding
Value) (check)
Moffat-Wolfe 19 $1,I 87,500 $593,750 732C3112 X
01BHF
Macari-Bergen Avenue 27.2 $1,630,000 $720,528.30 732C3112 X
Farm 01 B RN
Substitute Parcel: 35 $1,925,000 $962,500 (up to) [NEST #] X
John R. Sepenoski Jr. Substitute Parcel Substitute Parcel)
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST#] X
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST#] X
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] X
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Nmne] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST#] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST#] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estixnated Contribution] [NEST#] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST#] [ ]
[Landowner Nmne] [Acres] [Estimated Value] [Estimated Contribution] [NEST#] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
[Landowner Name] [Acres] [Estimated Value] [Estimated Contribution] [NEST #] [ ]
Totals i $ [Total Estimated I ]
Value] I $1,314,278.30
~ Funding obligated under this attachment will expire on September 30, 2014 unless a request for extension for this
funding year has been approved by the State Conservationist and the Cooperative Agreement is amended with a new
Attachment Expiration date.
17
Southold Town Board - Letter Board Meeting of April 10, 2012
RESOLUTION 2012-348
ADOPTED
Item # 5.43
DOC ID: 7786
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-348 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 10, 2012:
RESOLVED the Town Board of the Town of Southold hereby authorizes submission of a
2012 proposal to the United States Department of Agriculture (USDA) Natural Resources
Conservation Service (NRCS)~ administering on behaff of the Commodity Credit
Corporation, whereby the Town of Southold proposes a cooperative effort to acquire the
development rights to agricultural properties which have been submitted by their owners to the
Land Preservation Committee of the Town of Southold for sale of such rights to the Town of
Southold, in accordance with the terms of the Fiscal Year 2012 Farm and Ranch Lands
Protection Program (FRPP).
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Albert Krupski Jr., Scott Russell
SECONDER: William Ruland, Councilman
AYES: Ruland, Talbot, Ooherty, Krupski Jr., Evans, Russell
Generated April 10, 2012 Page 2
SCOTT A. RUSSELL
SUPERVISOR
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-1823
Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
VIA FedEx #
April 13, 2012
Heath Eisele, Acting FRPP Manager
USDA/NRCS 441 S. Salina St., Suite 354, Room 520
Syracuse, NY 13202-2450
Re:
"PRIVATE"
2012 Federal Farm and Ranch Lands Protection Program
Dear Mr. Eisele:
On beh, alf of the Town of Southold, I am pleased to submit the enclosed proposal to
the United States Department of Agriculture for funding to help facilitate the Town's
farmland protection efforts. The Town of Southold has been actively committed to
farmland protection for over 26 years and, to date has protected 115 farmland parcels
totaling 2,325 acres. Funding from the USDA's 2012 Farm and Ranch Lands
Protection Program will enable the Town to continue its critical farmland
preservation efforts and to provide the community with significant environmental
and economic benefits.
This proposal seeks $593,750 in matching funds from the USDA to purchase a
development rights easement on 19+ acres of prime unprotected farmland situated
within the Town of Southold. The Town has monetary resources through the
Community Preservation Fund and authorized bonds to match the proposed USDA
grant.
The proposed acquisition of a development rights easement on the subject farm is
supported by the Suffolk County Agricultural and Farmland Protection Plan, the
Town's Community Preservation Project Plan, and the Town's Farm and Farmland
Protection Strategy.
On behalf of our community, I want to thank you for the opportunity to submit the
attached proposal and I ask that you suppozt our request for grant funding. The
Town of Southold looks forward to working with the USDA Natural Resources
Conservation Service to preserve our important agricultural resources.
Sincerely,
Albert Krupski
Deputy Supervisor
RECEIVED
APR 2 3 2012
Southold Town Clerk
AK/ms
enclosure
cc w/o enclosure:
USDA-NRCS, Riverhead Branch Office
Southold Town Board
Elizabeth Neville, Southold Town Clerk
Melissa Spiro, Land Preservation Coordinator