**MEMORANDUM OF UNDERSTANDING\
BETWEEN THE**

**AMERICAN SOCIETY OF AGRONOMY\
CERTIFIED CROP ADVISERS**

**AND THE**

U.S. **DEPARTMENT OF AGRICULTURE\
NATURAL RESOURCES CONSERVATION SERVICE**

This Memorandum of Understanding (MOU) is entered into between the
American Society ,of Agronomy Certified Crop Advisers, hereinafter
referred to as ASA/CCA, and the U.S. Department of Agriculture, Natural
Resources Conservation Service, hereinafter referred to as NRCS.

> **I. BACKGROUND**
>
> NRCS is responsible for providing technical assistance to land owners
> and operators in protecting soil, water, and related resources under
> the provisions of the Soil Conservation and Domestic Allotment Act, as
> amended 16 U.S.C. 590f, and other applicable legislation. This
> legislation authorizes NRCS to cooperate with various Federal
> agencies, State and local governments, nongovernmental organizations,
> and individuals in order to carry out its responsibilities and further
> the conservation mission of NRCS on private lands in a voluntary.
> scientifically-based manner.
>
> In addition to the technical assistance available from NRCS, USDA
> conservation program participants have the option of obtaining
> conservation technical assistance from individuals certified as
> Technical Service Providers by NRCS.
>
> Section 2701 of the Farm Security and Rural Investment Act of 2002,
> Public Law 107-171, May 13, 2002, (2002 Farm Bill) amended Section
> 1242 of the Food Security Act of 1985 to require the Secretary to
> provide technical assistance under Title XII of the Food Security Act
> of 1985 to a program participant \"directly, or \... through a
> payment. .. for an approved third party, if available.\"
>
> Section 1242 also requires the Secretary to establish a system for
> approving individuals and entities to provide technical assistance to
> carry out programs under this title including criteria for the
> evaluation of providers or potential providers of technical
> assistance.

The ASA is a 501-c-3, corporation, headquartered in Madison, Wisconsin.
ASA is a scientific and educational membership organization. CCA is a
certification of ASA that certifies individuals who meet the standards
set by ASA/CCA to provide agronomic advice and recommendations to
private landowners and others.

> II\. **PURPOSE**

The purpose of this MOU is to establish a general framework for
cooperation between ASA and NRCS through which the ASA, under its
Certified Crop Adviser Program, may submit recommendations to NRCS\'of
individuals who meet the ASA\'s CCA standards, and NRCS may consider
such individuals for certification as third party technical service
providers. It is the intent of both parties that this cooperative effort
shall be for the mutual benefit of each party as well as program
participants who wish to avail themselves of technical services provided
by certified technical service providers.

This MOU is to officially recognize that a person who has met the
standards set by QASA/CCA and is certified as a CCA also meets the NRCS
standards for providing conservation assistance in the areas of nutrient
management, pest management, and residue management.

This memorandum will benefit NRCS by providing a certified CCA
recommended by ASA/CCA the opportunity to become certified as a
Technical Service Provider by NRCS. This, in turn, will assist NRCS in
carrying out its mission of providing quality conservation technical
assistance to its customers.

This memorandum will benefit the ASA/CCA by providing CCA certified
individuals the opportunity to become certified by NRCS. NRCS will place
the certified Technical Service Provider on the approved list to provide
technical service to USDA conservation program participants, thereby
expanding their scope of services to existing and future clientele.

> **III. RESPONSIBILITIES**
>
> The ASA/CCA will:
>
> 1\. Provide a statement that the CCA certified individuals ASA/CCA
> recommends for certification by NRCS as a Technical Service Provider
> meet the minimum NRCS standards for providing conservation assistance
> in the areas of nutrient management, pest management and residue
> management;
>
> 2\. Establish and maintain a registry of individuals who meet ASA/CCA
> qualifications to provide conservation technical services, identified
> in A.1. The registry will include a list of services each individual
> is qualified to provide. The registry will contain the following
> information:

a\) Name of Individual

b\) Company (if applicable)

c\) Address

> d\) Phone and Fax Numbers, and e-mail address if applicable

e\) Skill Area

f\) Service Area

g\) Expiration Date of qualification under ASA/CCA

h\) ASA/CCA is recommending organization;

3\. Annually record recommended individuals\' efforts to satisfy
continuing education requirements each year to maintain CCA
certification under ASA/CCA.

> a\) Each individual who wishes to remain on the registry is required
> to receive appropriate training in conservation assistance to maintain
> skill levels at least once every two years.
>
> b\) The registry will indicate the deadline that each individual must
> receive training. Updates indicating the date training was last
> received will be submitted in accordance with their continuing
> education cycle dates;
>
> 4\. Update all information on its registry annually, or more
> frequently if necessary, and provide this information to NRCS in a
> timely manner;
>
> 5\. Remove individuals from the registry who do not maintain required
> levels of training within the two year timeframe or who are found to
> be providing substandard assistance from its registry and immediately
> notify the individuals and NRCS;

6\. Notify members when technical and programmatic materials are
available from NRCS in a timely manner to ensure that the highest
quality of conservation technical assistance is available;

> 7\. Upon request and with agreement of all parties involved, provide
> NRCS with a list of courses an individual on the registry used to
> fulfill continuing education requirements;
>
> 8\. Inform members that all providers to be certified by NRCS must
> complete a Certification Agreement as a condition of their
> certification by NRCS as a Technical Service Provider;

9\. Inform members certified as Technical Service Providers by NRCS,
that they are subject to the same annual quality reviews as that
performed by NRCS employees; and

> 10\. Inform members that they cannot legally certify completed cost
> shared practices for payment. Only NRCS employees have the legal
> authority to do so.
>
> B. NRCS will:
>
> 1\. Ensure that ASA/CCA standards for recommending individuals meet
> NRCS standard criteria for technical services covered by this MOU;

2\. Provide ASA/CCA with access to current program information and
appropriate technical reference documents for use by Technical Service
Providers. Such documents will include manuals and standards and
specifications for appropriate conservation practices;

3\. Provide the approved list of Technical Service Providers to USDA
offices;

4\. Assist in suggesting training opportunities for ASA/CCA members and
serve as a resource when available; and

> 5\. Remove Technical Service Providers from the approved list through
> the decertification process if NRCS determined that the Technical
> Service Provider has failed to meet the terms and conditions of the
> Certification Agreement.
>
> C. It is agreed upon that both parties will:
>
> Meet as requested by either party to review progress and discuss
> methods of improving this process.

IV\. **GENERAL PROVISIONS**

> A. This MOU takes affect upon the signature of NRCS and ASA/CCA and
> shall remain in affect for five years from the date of execution. This
> MOU may be extended or amended upon written request of either NRCS or
> ASA/CCA and the subsequent written concurrences of the other. Either
> NRCS or ASA/CCA may terminate this MOU with a 30-day written notice to
> the other.
>
> B. This MOU is not intended to, and does not create, any right,
> benefit, or trust responsibility, substantive or procedural,
> enforceable at law or equity, by a party against the United States,
> its agencies. its officers, or any person.

C. Termination of this agreement will not affect individuals certified
as Technical Service Providers by NRCS. Certified individuals will
continue to be listed on the approved list of Technical Service
Providers in accordance with the terms and conditions of their
certification.

D. NRCS and ASA/CCA and their respective officers will handle their own
activities and utilize their own resources, including expenditures of
their own funds in pursuing the purposes of this MOU. Each party will
carry out its separate activities in a coordinated and mutually
beneficial manner.

E. All activities under this agreement will be in compliance with the
Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V. Subtitle
D).

F. In accordance with NRCS Property Management Regulation, Temporary
Regulation A-2. \"The program or activities conducted under this
memorandum of understanding will be in compliance with the
nondiscrimination provisions contained in Titles VI and VII of the Civil
Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987
(Public Law 100-259): and other nondiscrimination statutes: namely,
Section 504 of the Rehabilitation Act of 1973, Title IX of the Education
Amendment of 1972, and the Age Discrimination Act of 1975. They will
also be in accordance with regulations of the Secretary of Agriculture
(7 CFR 15, Subparts A & B), which provide that no person in the United
States shall on the grounds of race, color, national origin, age, sex,
religion, marital status. or handicap be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity receiving Federal financial assistance
from the Department of Agriculture or any agency hereof.\"

G. None of the information in this MOU shall obligate either the
Department of Agriculture or ASA/CCA to obligate or transfer any funds.
Specific work projects or activities that involve the transfer of funds,
services, or property among the various agencies of the Department of
Agriculture and ASA/CCA will require execution of separate agreements
and be contingent upon the availability of appropriated funds. Such
activities must be independently authorized by appropriate statutory
authority. This MOU does not provide such authority. Negotiation,
execution, and administration of each such agreement must comply with
all applicable statutes and regulations.

V. **CONTACTS**

> A. ASA/CCA:

Luther Smith

Executive Director, CCA Program

> 677 S. Segoe Road, Madison, WI 537_11 Phone: (608) 273-8090, ext. 337
> Fax: (608) 273-2081
> [lsmith(&,,[auronomv.org](http://auronomv.org/)]{.underline}
>
> B. NRCS:

Diane Gelburd

Director, Ecological Sciences Division

> PO Box 2890. Room 6158 South Building Washington, DC 20013-2890 Phone:
> (202) 720-2587 Fax: (202) 720-2646

**VI. AUTHORITY**

NRCS enters into this agreement under the authority of the Food Security
Act of 1985, Ssection 1242. 16 U.S.C. 3842.

**VII. APPROVAL**

The undersigned parties hereby agree to the terms and conditions
specified above.

> **DAT**![](media/image1.png){width="0.5333333333333333in"
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Chief

Natural Resources Conservation Service

**ROBERT HOEFT**

President

American Society of Agronomy

**TOM BRUULSEMA DATE** Chair, Certified Crop Advisor Board American
Society of Agronomy

L ^E^**THER SMIT DAT** Executive Director

Certified Crop Adviser

American Society of Agronomy