UNITED STATES DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

WASHINGTON, D.C. 20250

January 19, 2007

SECRETARY’S MEMORANDUM ____1030-064____

GRASSLAND RESERVE PROGRAM – DELEGATION OF AUTHORITY

1 PURPOSE

The purpose of this Memorandum is to clarify the Delegation of Authority for the administration of the Grassland Reserve Program (GRP), 16 U.S.C. 3838N-3838Q, and to include previously omitted items contained in the Delegation of Authority dated March 23, 2000. This delegation supersedes any previous Memorandum for Delegation of Authority issued by the Secretary related to GRP.

2 AUTHORITY

Based on the recommendation of the Under Secretaries for Farm and Foreign Agricultural Service and the Natural Resources and Environment, delegations of authority for GRP are as follows:

On behalf of the Commodity Credit Corporation (CCC), the Natural Resources Conservation Service (NRCS) shall:

· Acquire, hold, manage, and enforce easements;

· Develop proposed and final program rules;

· Determine land eligibility;

· Sign up program participants;

· Develop ranking criteria and determine the best qualified applicants;

· Allocate funds to States based on a national allocation formula;

· Complete Highly Erodible Land and Wetland Conservation determinations;

· Provide technical assistance to develop, revise, and implement conservation plans and restoration agreements;

· Determine eligible conservation practices;

· Determine conservation practices eligible for cost share;

· Determine cost-share rates for eligible practices;

· Notify appropriate county FSA office of GRP easements filed;

· Complete status reviews and monitoring to ensure compliance with the terms and conditions of easements and rental agreement contracts; and

· Certify the completion of conservation practices.

On behalf of CCC, the Farm Service Agency (FSA) shall:

· Enter into, hold, manage, and enforce rental agreement contracts;

· Determine penalties and liquidated damages for violations or terminations of rental agreement contracts;

· Make “person” determinations for payment limitations and eligibility purposes;

· Review Direct and Counter Cyclical Program acres and make necessary modifications, if applicable;

· Review debt register and take appropriate actions;

· Make payments to program participants and vendors; and

· Execute IRS Form 1099 for individuals and vendors receiving GRP funds.

On behalf of CCC, the Forest Service (FS) shall:

· Hold easements for lands enrolled in the program that are adjacent to FS lands.

On behalf of CCC, FSA, NRCS, and FS shall:

· Develop program manuals;

· Complete required program analysis (Cost Benefit Analysis, Risk Assessments, and address the National Environmental Protection Act); and

· Work collaboratively on the development of policy and program implementation, including development of rules and regulations.

MIKE JOHANNS

SECRETARY OF AGRICULTURE