October 16, 2008

INDIANA BULLETIN NO. 300-9-1

SUBJECT:  LTP – EQIP Special Statewide Waivers for 2009

Purpose:  To provide guidance on waivers to start Cover Crops, Waste Utilization Basic and High, or Livestock Environmental Emergency practices prior to contract approval for fiscal year 2009 EQIP applications; or to start TSP Technical Assistance practices from 2008 EQIP contracts that were scheduled for 2009 with $0 funds obligations.

Expiration Date:  September 30, 2009

Background:  The flood conditions of 2008 damaged cropland causing soil resource degradation.  There is a need to seed cover crops within established seeding dates which end November 1.  FY 09 EQIP funds will not be available by the November 1 seeding date. Additionally, rules for the 2009 program have not been released and will not be available in the immediate future. 

Therefore, the State Conservationist has issued a statewide waiver for Cover Crops, Waste Utilization Basic and High, practices associated with a Livestock Environmental Emergency application, and TSP TA practices if they were scheduled for 2009 with $0 funds obligation in a 2008 contract.  There will be no waivers approved for other practices.

Action: Effective immediately Area Conservationists have the authority to approve these special statewide waivers to begin the conservation practices specified in this bulletin.  Area Conservationists will follow policy in CPM 512.23 C when approving waivers, track waiver requests, and ensure that applicants: are EQIP eligible, complete the request form properly, receive the standard waiver approval letter, and understand the provisions of the waiver.

Once an applicant completes an EQIP Waiver Request form (Attachment A), the District Conservationist will ensure the applicant is eligible for a waiver, and forward the request to the Area Conservationist.  The Area Conservationist will approve or the request and provide a copy of the approved request and the standard waiver approval letter (Attachment B) to the applicant, and enter the request on the tracking sheet (Attachment C).  The applicant may then begin the practice(s) requested.

Since the 2009 EQIP program rules have not been released we do not have a 2009 cost list in Toolkit, a 2009 payment schedule in ProTracts, 2009 Indiana EQIP Guidelines, nor 2009 EQIP ranking.

District Conservationists may refer to the 2008 Indiana EQIP Guidelines and payment schedule for general guidance, but must inform applicants that the practices, requirements, and payment rates may change.  New rules may dictate that we adjust practices and the applicant is assuming a certain amount of risk for change.

When a practice is installed under the waiver provisions a copy of the waiver approval letter shall be included with the NRCS-CPA-1245 and payment checklist when submitted for payment.  Additionally, this waiver does not change any NRCS policy regarding engineering approval authority and requirements, practice standards, or practice certification procedures.

Attached to this bulletin are the following documents:

·          Standard waiver approval letter October 16, 2008

·          EQIP Waiver Request and approval form version 10-16-08

·          Waiver tracking sheet

The new EQIP Waiver Request form, dated 10/16/08, is the only acceptable form for waivers. 

Note that the waiver request form requires the District Conservationist to certify the following items are complete before approving the waiver:

·          Practice(s) are a part of an approved conservation plan

·          Application has been entered into ProTracts

·          Application has been ranked in ProTracts (once current FY ranking tool has been loaded)

·          Engineering plans for structural practices have been reviewed and approved by NRCS or TSP

·          Applicant meets all EQIP eligibility requirements

The Waiver Tracking Spreadsheet will be used for quality assurance reviews and will be completed by the Area Conservationist at the time that waivers are approved and will be forwarded it to the ASTC for Programs by the end of the FY.

If you have questions concerning this memo, please contact Teresah Caire at 317-290-3200, ext. 320 or Jim Dunaway at ext. 334.

/s/

JANE E. HARDISTY
State Conservationist

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