WRP question

[TK]

I bought 167 acres that was already in WRP. I bought it for duck and deer hunting purposes only with the thought I could find somewhere close to build a cabin. I have had no luck with that. Does anyone know if you can buy 1 acre of WRP back? I heard you could buy it all back but I'm not certain about that.

[JaMak84]

To my knowledge, which is pretty limited, I don't know of anyone that has successfully purchased back any portion of a wrp easement. Acornman would be the most likely to know, but I see he hasn't been around since moving out of state back in 14. RR may have some insight as well, if he's still around. Poor planning on the previous landowners part not to leave an acre or 2 out of the initial offer for a cabin site. Best advice I can give you is to go by the local field office and request a copy of the plans and survey to make dang sure there isn't an out parcel not included in the easement. Next step would be to request a meeting with the wrp staff to determine what if any options are available.

[maverick21]

Probably not what you want to hear but might be a better use of your time to buy an adjoining acre or two for more money. I'm sure it's possible but the time spent doing can probably be avoided by just paying up on a few other acres.

[REBEL DUCK]

Call ASCS office is only way to find out.

[NyssaAquatica]

Probably not what you want to hear but might be a better use of your time to buy an adjoining acre or two for more money. I'm sure it's possible but the time spent doing can probably be avoided by just paying up on a few other acres.

This is the way to accomplish what you want to do.

[TK]

I would be willing to pay more than an acre is worth but I have not been able to find a farmer willing to sell an acre in the area.

[Wingman]

You can buy CRP back. Not sure about WRP.

[novacaine]

You can buy CRP back. Not sure about WRP.

CRP yes
WRP............well it would probably be easier to permit a brothel and honky tonk in Yellow Stone National Park.
Nothing a truck full of money and a life time of paperwork and lawyers couldnt handle.

[stang67]

So you're saying there's a chance...

[DanP]

Maybe this will clear things up...

1) Termination of CPCs for easement restoration agreements will follow guidance given in 440- CPM, Part 512. Documentation of termination should include Form NRCS-CPA-13, “Contract Reviews,” and Form NRCS-CPA-153 “Agreement Covering Non-Compliance with Provision of Contract” if a breach of contract is involved; the latter should be signed by the participant. (See Subpart U “Exhibits,” for a sample termination letter.)
(2) If NRCS t528.146 Cancellation and Termination of Conservation Program Contracts
A. General
A CPC may be cancelled by both parties or terminated for cause by NRCS. In either event, the obligations contained in the CPC are ended through action that annuls the responsibilities of both parties to the contract. There is a slight, but significant difference in the terminology used when CPC obligations are ended.
(i) Cancellation.—A cancellation is an equitable remedy that allows both parties to the contract to mutually revoke the contractual relationship (a cancellation may also be referred to as a “termination for convenience”). A recovery of costs may or may not be appropriate, as determined by the State Conservationist, depending upon the circumstances included in the program participant’s written request for cancellation. The participant is not afforded appeal rights, since cancellations are mutually agreed upon by the participant and NRCS.
(ii) Termination.—A contract is subject to termination as a result of a material breach of the terms and conditions included in the CPC (may also be referred to as terminations for cause). As such, a contract termination meets the definition for an adverse decision in accordance with 7 CFR Section 11.1, “National Appeals Division Rules of Procedure.” The cause for termination and the procedure used by NRCS to ensure that the landowner has been provided an opportunity to remedy the violation as required by the specific program regulation must be fully documented. Terminations for cause will usually result in an assessment of damages for recovery of costs associated with the administration of the breached contract.
B. Cancellation of CPC
(1) Cancellation of CPCs for easement restoration agreements must follow guidance given in 440-CPM, Part 512. Contract landowners may request that a contract be
cancelled. Landowners must request cancellation in writing, provide reasons for the cancellation, and, if applicable, provide information on availability of any transferees.
(2) If a contract is cancelled, the landowner forfeits all rights to any payments under the contract and may be required to refund payments as described in the CPC appendix. When a contract is cancelled, the State Conservationist will—
(i) Document the effective date of cancellation on the contract documents,
(ii) Fully document the reasons for the contract cancellation,
(iii) Inform the landowner, in writing, of the approval of the cancellation request, including
the forfeiture of all future payments under the contract and repayment requirements to complete the process. (See Subpart U, “Exhibits,” for a sample cancellation letter.)
erminates a CPC, the landowner will forfeit all rights to future payments under the easement restoration agreement, and may be required to refund all or part of the payments received, plus interest. In addition, NRCS is entitled to recover any and all administrative and legal costs, including attorney’s fees or expenses, associated with any enforcement or legal action related to the termination.
(3) A CPC termination is effective immediately upon a determination by the State Conservationist that the participant has—
(i) Submitted false information
(ii) Filed a false claim
(iii) Engaged in any act for which a finding of ineligibility for payments is permitted under this part
(iv) Taken actions (or inactions) that NRCS deems to be sufficiently purposeful or negligent to warrant a termination without delay

[novacaine]

That cleared it right up..

[TK]

DanP, can you simplify that answer? As I read it your saying yes but it's a lot of paper work. Am I interpreting that wrong?

[DanP]

DanP, can you simplify that answer? As I read it your saying yes but it's a lot of paper work. Am I interpreting that wrong?

I was mostly being sarcastic, ok pretty much 100% sarcastic lol

Short answer is that I've never seen or heard of acreage being pulled from a perpetual WRP easement.

I would start with the county NRCS office but you will probably end up talking to Jason Keenan at the state office.

[JaMak84]

DanP, can you simplify that answer? As I read it your saying yes but it's a lot of paper work. Am I interpreting that wrong?

I've done a little research since you first posted and might be able to give you a little better answer than I did the first time. If the easement was closed prior to February 2014, the general manual Dan posted from does not apply. I could be wrong, but I think he posted from the current general manual for the 2014 Farm Bill. You would have to go back to the version of the manual that was in use at the time of closing to determine agency policy for those Farm Bill year contracts. I'm pretty sure the general manual covering 2012 Farm Bill contracts had an addendum to the section covering terminations clearly stating that agency policy would NOT terminate any portion of an easement. That's really a moot point though, cause you're technically requesting a modification not a termination or cancellation of a contract. In which case, as I understand it, the modification has to be mutually beneficial to both the landowner and the agency. Also, the agency has a no net loss of easement acreage policy. So, if for some reason you're able to convince the powers that be that removing an acre from your easement is somehow beneficial to the agency; you're still gonna have to purchase an equal amount of acreage adjacent to the existing easement to satisfy the agency's no net loss of acreage policy. In any event, Jason will most likely be the one making that decision. Who knows, he could tell you I'm full of crap and have no idea what I'm talking about. Doesn't hurt to ask though.

[TK]

Thanks