VIA ELECTRONIC MAIL

**[COLORADO BULLETIN NO.]{.underline}:** CO-300-05-01

**[SUBJECT]{.underline}:** LTP -- Clarification of Environmental Quality
Incentives Program

(EQIP) Waiver Requests Policy/Procedure

**[PURPOSE]{.underline}:** To provide instructions on the process for
submitting requests for waivers under the EQIP for FY2005

**[TO:]{.underline}** All NRCS Offices

**[EXPIRATION DATE]{.underline}:** September 30, 2005

Current policy and guidance for the Environmental Quality Incentives
Program

(EQIP) program allows producers to request waivers to program policy for
four (4) basic reasons.

1.  To allow a producer to exceed the \$10,000 per year cost share
    limitation. The allowable of a waiver is found in the EQIP Manual
    (440-V-CPM, Amend. 20, May 2004) on page 515.J.102-3, part
    515.102(e). This waiver must be granted by the Natural Resources
    Conservation Service (NRCS) State Conservationist. This limitation
    applies to contracts signed prior to May 13, 2002. The \$10,000
    limitation does not apply to contracts signed by the Contracting
    Officer after that date. In Colorado, requests for these types of
    waivers will only be considered as follows:

-   The conservation practices in the conservation management system
    need to be applied at once so that the system is fully functioning
    to resolve the natural resource problem

-   The natural resource problem is so severe that immediate resolution
    of the problem is needed

-   The participant can install the conservation practices at a lower
    total cost when installed in one year, thereby reducing the program
    payments

2.  The failure to commence a conservation practice within the first 12
    months of the contract. The allowable reasons for this waiver and
    the required justification are found in the EQIP Manual (440-V-CPM,
    Amend. 20, May 2004) on page 515.K.112-2, part 515.111(a). This
    waiver may be granted by the NRCS State Conservationist.

3.  Allow a producer to commence a conservation practice prior to final
    written approval of the contract by the Contracting Officer. General
    policy guidance on the allowable reasons for this waiver can be
    found in the EQIP Manual (440-V-CPM, Amend. 20, May 2004) on page
    515.H.81-3, part 515.81(d). This waiver must be granted by the NRCS
    State Conservationist. In Colorado, requests for these types of
    waivers will only be considered as follows:

-   all applicants have applied for FY-05 funds and the sign-up period
    has ended,

-   their applications have been ranked using FY-05 ranking criteria,

-   all applications have been categorized into the watershed databases,

-   the application is tentatively approved for funding

> This allows both NRCS and the program applicant to have a reasonable
> level of assurance that their projects will be funded with the current
> year allotment, though the applicant still accepts the risk.

4.  To commence the use of a Technical Service Provider (TSP) prior to
    final written approval of their contract by the Contracting Officer.
    In Colorado, requests for these types of waivers will only be
    considered as follows:

-   all applicants have applied for FY-05 funds and the sign-up period
    has ended,

-   their applications have been ranked using FY-05 ranking criteria,

-   all applications have been categorized into the watershed databases,

-   the application is tentatively approved for funding

> This allows both NRCS and the program applicant to have a reasonable
> level of assurance that their projects will be funded with the current
> year allotment, though the applicant still accepts the risk.

In all cases, the request for a waiver [must be in writing from the
participant with a letter of concurrence from the District
Conservationist]{.underline} and submitted to the Resource
Conservationist for Programs at the State Office with a copy to the Area
Office.

Please contact Dawn Jackson, Acting Resource Conservationist (Programs),
at 720-544-2991, should you have any questions.

*/s/J. E. Andrews (acting for)*

ALLEN GREEN

State Conservationist

Dist: O