March 2007

**Oregon, FY 2007**

**Farm and Ranch Land Protection Program (FRPP)**

**Closing Checklists**

Conservation entities that have cooperative agreements with the NRCS to
acquire a conservation easement have two methods in which to receive
NRCS payment.

1\) Entities that are unable to provide the full amount of the
conservation easement at the time of closing can request an advance of
funds from the NRCS. This option should be used only as a last resort as
several additional requirements are necessary in order to comply with
NRCS, National Finance Center and Commodity Credit Corporation
regulations. To request an advance of funds, a waiver request must be
submitted to the State Conservationist a minimum of 60 days prior to the
scheduled date of closing. For more information on requesting an advance
of funds, please contact Bill White, Leader for Programs.

2\. The second (and preferred) alternative is to have the conservation
entity make full payment to the landowner at the time of closing and
submit a Request for Reimbursement (Form SF-270) to the NRCS along with
the required closing documents. Upon receipt of the Request for
Reimbursement and the necessary closing documents, payment will be made,
via electronic transfer, usually within 72 hours.

Most of the forms and documents referenced in these checklists are
available off the NRCS web page at:
[http://www.or.nrcs.usda.gov]{.underline}. Click on "Farm and Ranch Land
Protection Program." Documents and forms are also available from the
NRCS State Office.

If there are any questions or clarification needed on any of these
requirements, please contact:

Bill White

Leader for Programs

NRCS State Office, Lloyd Bldg.

1201 NE Lloyd Blvd., Suite 900

Portland, OR 97232

Phone: 503-414-3085

Email address: [bill.white@or.usda.gov]{.underline}

***2007 Oregon Farm and Ranch Land Protection Program (FRPP), Closing
Checklists:***

Easement Name\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Tentative Closing Date\_\_\_\_\_\_\_\_\_\_\_

Cooperating Entity\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Agreement No. \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**[Checklist 1 of 2:]{.underline} Required documents PRIOR to NRCS
approving closing**

(Many of these documents are required to be submitted to the NRCS State
Office, Lloyd Bldg., 1201 NE Lloyd Blvd. Suite 900, Portland, OR 97232
at least 60 days prior to any scheduled or desired closing date.)

1\. Confirm with NRCS that the conservation entity has registered for
direct deposit with the National Finance Center. Direct Deposit Form
1199, with bank account information, should be forwarded to: Willa
Fletcher, Accounting Technician, NRCS, 1201 NE Lloyd Blvd, Suite 900,
Portland, OR 97232.

(This item is usually completed at the time the cooperative agreement is
signed.)

2\. Conservation easement deed (the actual closing document) approved by
NRCS. The easement acreage MUST agree with the final appraisal (item 8)
and survey plot (Item 10). Notarized acceptance page confirms approval.
(See item 4, below.)

3\. Baseline documentation approved by NRCS

4\. NRCS notarized acceptance page, agreeing to the terms of the
conservation easement, and the baseline documentation, signed by the
NRCS State Conservationist.

5\. Self-certification by landowner of compliance with the Highly
Erodible Land and Wetland Provisions of the 1985 Food Security Act.

(Form AD-1026 completed at county FSA office)

6\. Self-certification by landowner and all related parties of
compliance with income limitations of the 2002 Farm Bill (Form CCC-526,
completed at county FSA offices). A separate form must be completed and
signed my every individual that has a vested interest (part owners, all
members of a corporation, etc.) in the property.

7\. NRCS Conservation Plan for the entire easement parcel (Completed and
approved by the NRCS District Conservationist).

***(More on next)***

***2007 Oregon Farm and Ranch Land Protection Program (FRPP), Closing
Checklists (Continued):***

8\. Preliminary Title Opinion provided by the U.S. Office of General
Counsel (OGC). The title opinion is provided after OGC has reviewed and
approved ALL of the following documents:

A. Copies of all instruments which created rights, interests or
encumbrances on the property

B. A chain of title

> C. Preliminary title commitment. The title commitment must commit to
> including the "United States of America by and through the Secretary
> of Agriculture" as an insured. The amount of coverage must be for the
> full appraised market value of the conservation easement.

***These title documents must be forwarded to the NRCS at least 60 days
prior to any desired closing date, unless other arrangements have been
approved by the NRCS FRPP program manager ahead of time.***

9\. Complete copy of the easement appraisal, according to the Uniform
Standards of Professional Appraisal Practice AND the Uniform Appraisal
Standards for Federal Land Acquisition (Yellow Book). The easement
acreage and parcel configuration identified in the appraisal MUST agree
with the parcel boundary plot (Item 10). *The final appraisal must be
forwarded to the NRCS at least 60 days prior to any desired closing
date, unless other arrangements have been approved by the NRCS FRPP
program manager ahead of time.*

(Appraiser must be Certified General Appraiser licensed in the State of
Oregon.)

10\. Disclosure statement signed by the certified appraiser completing
the appraisal (see Appraiser Disclosure Statement available from NRCS,
or on NRCS web page at:
http://www.or.nrcs.usda.gov/programs/frpp/index.html).

> 11\. Copy of parcel boundary plot specifically identifying the
> boundary of the easement parcel, any outlots, easements or other
> pertinent information. The parcel acreage and boundary configuration
> MUST agree with the final appraisal (Item 8) and the easement deed
> (Item 2) and the legal description identified in Appendix A of the
> easement deed.

12\. If the cooperating entity requests the NRCS payment to go to
another organization or other bank account different than the one linked
to the cooperating entity, a written waiver request must be forwarded to
the NRCS State Conservationist, along with a completed Assignment of
Payment Form (CCC-36) at least 60 days prior to any scheduled or desired
closing date.

***(More on next)***

***2007 Oregon Farm and Ranch Land Protection Program (FRPP), Closing
Checklists (Continued):***

**[Checklist 2 of 2]{.underline}**

**The following list of closing documents must accompany the Request
for**

**Reimbursement (Item 13), to enable NRCS to approve payment:**

**13.** Request for Reimbursement; Form SF-270, filled out and signed by
the conservation entity (cooperating entity) requesting payment.

**14.** Conservation easement deed signed by all parties, with a date
stamp or recording stamp by the County Registry of Deeds on every page.

**15.** Copy of all closing documents and the settlement statement
indicating all financial transactions and payment to landowner.

**16.** Self-Certification on Confirmation of Matching Funds, signed by
the conservation entity and the landowner (Form NRCS-CPA-230).

> **17.** Copy of ALTA Owners title insurance policy. Policy must be for
> at least the appraised fair market value of the conservation easement
> (not the negotiated purchase price) and the "United States of America"
> must be listed as one of the insured.)

**18.** Copy of all subordinations, releases and waivers, if any.

**19.** Copy of reciprocal deed restriction, if needed.