**[COLORADO BULLETIN NO.]{.underline}:** CO-300-04-01

**[SUBJECT]{.underline}:** LTP -- Clarification of EQIP Waiver Requests
Policy/Procedure

**[PURPOSE]{.underline}:** To provide instructions on the process for
submitting requests for waivers under the Environmental Quality
Incentives Program (EQIP) for FY2004

**[EXPIRATION DATE]{.underline}:** September 30, 2004

Current policy and guidance for the 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 reasons for this waiver and the required
    justification are found in the EQIP Manual (440-V-CPM, First
    Edition, Amend. 1. Feb. 1999) on page 515-130, part 515.103(a, b,
    c). 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.

2.  In relation to 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, First Edition, Amend. 1. Feb. 1999) on page
    515-142a, part 515.111(k). This waiver may be granted by the NRCS
    designated conservationist. In Colorado this is the Area
    Conservationist.\|

3.  To 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, First Edition, Amend. 1.
    Feb. 1999) on page 515-76, part 515.81(I). 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-04 funds and the sign-up period
    has ended

-   Their applications have been ranked using FY-04 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. Although, the applicant still accepts the risk.

4.  To commence the use of a Technical Service Provider (TSP). There are
    two basic reasons a waiver is needed and must be obtained that are
    mentioned below. There is no reference for this in the current EQIP
    manual; it will be included in the new manual once it is released.
    Regardless of the reason, this waiver must be approved by the State
    Conservationist.\
    \
    Reasons a waiver should be requested:

    a.  Contracts approved in FY2003 or earlier where the producer
        wishes to commence the use of a TSP prior to NRCS receiving our
        FY2004 approved budget.

    b.  A FY2004 applicant that wishes to commence the use of a 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-04 funds and the sign-up period
    has ended.

-   The application has been ranked using FY-04 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. Although, 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 (DC) and submitted to Tony Puga, Resource Conservations
(Programs) at the State office with a copy to the Area office.

If you have any questions or concerns on the process for submitting
requests for waivers under EQIP for FY2004, please contact Tony Puga at
720-544-2821.

***Dennis Alexander (for)***

ALLEN GREEN

State Conservationist

Dist: O

**Interdisciplinary Review:** RC (P) \_\_*[TP]{.underline}*\_\_\_ ASTC
(P) \_\_\_*[DA]{.underline}*\_\_

Contract Specialist \_\_*[TD]{.underline}*\_\_

FINAL:NRCS:RC:APUGA: (720) 544-2821:djw:10/01/03