USDA Publishes Final Rule for the Agricultural Conservation Easement Program

The U.S. Department of Agriculture (USDA) yesterday  published a final rule on the Agricultural Conservation Easement Program (ACEP), the nation’s premier conservation easement program that helps landowners protect working agricultural lands and wetlands. These rule changes will make the program more flexible and responsive to the unique needs of farmers and ranchers in each region of the U.S.  The 2014 Farm Bill consolidated three previous conservation easement programs into ACEP to make it easier for diverse agricultural landowners to fully benefit from conservation initiatives.  The final rule published in the Federal Register October 18, 2016, responds to public input and makes permanent the changes that were made in the interim final rule. Significantly, the final rule clarifies certain program requirements for certified and non-certified entities, which will help streamline participation in the Agricultural Land Easement component of ACEP.  The final rule also incorporates more fully the protection of grazing uses and related conservation values as one of the program purposes.