# **FLOODPLAIN EASEMENT PROGRAM (FEP)** 

# **INDIANA - QUESTIONS & ANSWERS**

**Q-1. How can I get involved in FEP?**

A.  Check with your local USDA Service Center or Conservation District
    to sign up. NRCS, with input from FWS and State wildlife agencies,
    will determine if the acres you offer are eligible for the program.
    Landowners with high priority acres -- based on competitive
    selection -- will receive an offer.

**Q-2. How much will I get for my land?**

A.  The program offers payment on ***permanent easements***. This is a
    conservation easement in perpetuity. Easement payments will not
    exceed the maximum payment cap for the county where the easement is
    located. County caps presently range from approximately \$1000 to
    \$4500. In addition to paying for the easement, USDA pays 100
    percent of the costs of restoring the easement.

**Q-3. What can I do with my land once it is in FEP?**

A.  The plan you developed with NRCS identifies the activities necessary
    to restore, enhance, protect, maintain, and manage the easement. The
    restoration plan is dynamic and will change over the years as
    resource needs are evaluated. You continue to control access to the
    land\--and may lease the land---for hunting, fishing, and other
    undeveloped recreational activities. At any time, a landowner may
    request that additional activities be evaluated to determine if they
    are compatible uses for the site. Compatible uses are allowed if
    they are fully consistent with the protection and enhancement of the
    easement area. Only the State Conservationist can approve compatible
    uses.

**Q-4. How much land will I be able to enroll?**

A.  Once your eligibility has been determined, we will discuss with you
    the eligible land and surrounding area necessary to restore and
    sustain the ecosystem. Ideally a mix of cropland and other acres is
    desired to meet the needs of the wildlife community and other
    objectives such as water quality, flood reduction, and groundwater
    recharge. Up to a 1:1 ratio of eligible land to other land can be
    enrolled.

## Q-5. Do I need to hire a closing agent, appraiser, surveyor, or lawyer?

A.  Before an easement is recorded, NRCS will arrange for closing
    services to conduct title searches, acquire title insurance, and
    perform any other activities necessary to clear the title and
    complete the easement. The landowner will hire the surveyor and be
    reimbursed for surveying costs.

**Q-6. Will I still have to pay taxes on the easement area?**

A.  Yes. The amount of taxes you pay on the easement area is determined
    by the local taxing authority. Landowners should seek this
    information before entering the FEP.

Q-7. What can I do about reducing the local property tax when I enroll
land in FEP?

A.  This is a local or State decision and NRCS has no authority
    regarding property or other tax issues. However, we can provide
    written documentation of the easement to help the landowner discuss
    this issue with a tax consultant.

## Q-8. Are there minimum and maximum acreage requirements?

A.  Permanent easements have a five acre minimum size. There is no
    maximum acreage cap.

## Q-9. What type(s) of practices will be installed on my land?

A.  The floodplain easement program is for high risk lands subject to
    repeated flood damage. The practice emphasis will be on vegetative
    practices to try and stabilize the area. Typically tree planting is
    done to try to restore riparian habitat. In situations that are
    suitable for wetland restoration, hydrology work can be done.

## Q-10. Can I sell my property after it is enrolled in FEP?

A.  Yes, property can be sold. The easement stays with the property.

## Q-11. Can timber harvest be done on FEP?

A.  Only timber harvests which will improve the habitat for certain
    Threatened or Endangered Species (such as the Indiana Bat) can be
    approved. Requests for timber harvest have to be authorized by the
    State Conservationist using the compatible use process.

## Q-12. Can ponds be developed on FEP easements?

A.  No, the program emphasis is on preventing repeated flood damage.
    Wetland habitat can be restored, but ponds are not developed in the
    FEP program.

## Q-13. What are my chances of getting funded for FEP?

A.  FEP is under a special sign up until March 27, 2009. Applications
    are taken and NRCS personnel review the sites. A variety of factors
    are evaluated. Those sites with the highest ranking are funded.
    Indiana can typically fund 30-40% of eligible applicants. Unfunded
    applications are retained in a database and funded as applicants
    cancel or additional funds become available