Background

NRCS employs a national 

certification process through 

which eligible entities that 

have demonstrated their 

experience may close NRCS 

funded easements with greater 

independence. Certification 

allows eligible entities 

administrative flexibility when 

participating in the Agricultural 

Conservation Easement 

Program – Agricultural Land 

Easements (ACEP-ALE), based 

on demonstrated experience 

preserving agricultural land 

and successful participation in 

NRCS’s Farmland Protection 

Program (FPP), Farm and Ranch 

Lands Protection Program 

(FRPP), or ACEP-ALE. 

For further information, please 

contact your NRCS State 

Office.

Differences in 

Requirements

Accredited 

Land Trust 

State Agency Any Other Eligible 

Entity 

Category 

description: 

Accredited by 

the Land Trust 

Accreditation 

Committee. 

Accreditation 

must be in good 

standing. 

State Department 

of Agriculture 

or other State 

Agency with 

Statutory 

Authority for farm 

and ranchland 

protection. 

Must hold, manage, 

and monitor at 

least 25 agricultural 

conservation 

easements (not 

necessarily NRCS 

easements). 

NRCS easement 

portfolio:

Must hold, 

manage, and 

monitor at least 10 

ACEP-ALE, FRPP, 

or FPP funded 

easements in good 

standing. 

Must hold, 

manage, and 

monitor at least 

10 ACEP-ALE, 

FRPP, or FPP 

funded easements 

in good standing. 

Must hold, manage, 

and monitor at least 10 

ACEP-ALE, FRPP, or 

FPP funded easements 

in good standing (can 

be among the 25 

required above). 

Additional 

criteria, as 

applicable:

N/A N/A For non-governmental 

organizations, evidence 

of a sufficient fund 

dedicated to legal 

defense, monitoring, 

and enforcement 

required. 

ACEP-ALE Certification

Fact Sheet

MAY 2023 Helping People Help the Land

Who Can Be Certified

Any eligible entity may request certification. The requirements for certification, 

however, differ based on the eligible entity type: 

Certification prerequisites include 

an agreement to use the valuation 

methodologies in the regulation (i.e., 

Uniform Standards of Professional 

Appraisal Practice, Uniform Standards 

for Federal Land Acquisitions, Areawide 

Market Analyses, or other industry 

approved methods), have a track record 

of timely easement acquisitions, have 

capacity to monitor and enforce the 

easement deed terms with a history of 

such enforcement, and agree to use the 

published Program Agreement with the 

applicable certified entity provisions in 

the request for certification. Negotiation 

of a Program Agreement Exhibit 4, which 

is an optional attachment providing 

additional agreement provisions (e.g., 

parameters for substitutions, Minimum 

Deed Terms addendum, alternative 

valuation, or NRCS NHQ-approved 

template deed), can provide other 

flexibilities or facilitate streamlined 

processes.

nrcs.usda.gov
ACEP-ALE CERTIFICATION 2

USDA is an equal opportunity provider, employer, and lender. nrcs.usda.gov

How to Request Certification 

An eligible entity may submit a written request for 

certification, which includes all required request package 

documents, at any time to the State conservationist for the 

State in which they are seeking certification. Certification 

request packages include a cover letter, list of states 

(if multiple) in which they are seeking to be certified, 

identification of the eligible entity’s ten most recently 

closed NRCS easements, documentation concerning history 

and capacity of enforcement, and proof of certification 

category. There is no specific solicitation period for 

certification requests. If an eligible entity seeks certification 

in multiple States, the written request must be submitted to 

the State conservationist for the State in which the eligible 

entity has completed the greatest number of ACEP-ALE, 

FRPP, or FPP funded easement acquisitions.

Certification Review Process

The State conservationist reviews the materials submitted 

in the request package and makes recommendations to 

the regional conservationist—where final determination of 

certification approval rests. The regional conservationist 

notifies the eligible entity of the final decision in writing. 

However, if the State conservationist, or the regional 

conservationist, determine the certification requirements 

are not met then written notification will be provided, 

including the reasons for denial. The eligible entity may 

be invited to re-submit its application after addressing the 

deficient criteria. 

Benefits of Certification

Certified entities may implement ACEP-ALE with greater 

independence and without significant involvement and 

review from NRCS. This can expedite the easement 

acquisition process for entities that are certified. For 

example, they may use their own deed terms as long as 

the US right of enforcement clause is included and the 

ACEP-ALE regulatory deed requirements are met. Generally 

speaking, certified entities close ACEP-ALE easements 

without NRCS reviewing much, and in some cases any, of 

the acquisition-related due diligence. An NRCS certified 

planner must complete and approve any Highly Erodible 

Land (HEL) conservation plans on fields with highly erodible 

cropland. Certification status does not affect the ability to 

participate in ACEP-ALE. Certification remains in effect for 

the duration of the Farm Bill under which it was approved. 

NRCS, in its discretion, may extend certification status into 

a subsequent Farm Bill period.

A certified entity has the discretion to decide on a parcelby-parcel basis under the terms of the same Program 

Agreement whether it wishes to process the transaction as 

a certified entity or if it wishes to have greater NRCS review 

consistent with normal program processes. 

Quality Assurance Reviews

NRCS will conduct annual quality assurance reviews of the 

easement acquisition transactions and annual monitoring 

reports to ensure certified entities continue to meet the 

certification requirements. These reviews may occur at 

any time and will be conducted on a percentage of the 

certified entity’s transactions submitted for payment 

each fiscal year. The reviews must determine whether the 

conservation easement was appropriately acquired and is 

being monitored and enforced in accordance with ACEPALE program purposes, the requirements set forth by NRCS 

in its certification of the eligible entity, and the ACEP-ALE 

Program Agreement. NRCS will work with the certified 

entity to correct any findings resulting from the Quality 

Assurance Review as needed.