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MD.440.9.9, PGM - Start Waivers for EQIP and WHIP

Maryland Bulletin: 440-9-9
Subject: PGM - Start Waivers for EQIP and WHIP
Date: April 7, 2009

Purpose. To provide a process to allow EQIP and WHIP applicants to request a start waiver to implement a practice.

Expiration Date. September 30, 2009.

Explanation. 

Maryland field offices have been getting requests from Conservation Program Contract (CPC) applicants to begin eligible financial assistance practices.

Part 512.23 C allows for a CPC applicant to request a waiver to start eligible financial assistance practices before funds have been obligated to a contract. The reasons for starting a practice prior to CPC approval must be meritorious to justify the waiver request.

The State Conservationist, or his/her designee, may grant these waivers, however, the applicant must be determined as eligible under USDA Program Rules. The Farm Service Agency (FSA) maintains the eligibility records for NRCS Farm Bill program participants. At this time, the NRCS and FSA business tools are not fully operational. Until the NRCS business tool is fully functional, field offices may check an applicants' eligibility through the FSA subsidiary web service at https://indianocean.sc.egov.usda.gov/Subsidiary/Subsidiary.do for a manual eligibility determination.

The steps below can be used by the applicant to request a start waiver:

  • Applicant completes form MD Early Waiver 3/09, sign and submits to the designated conservationist. The applicant must read, understand and initial all three questions prior to signing. NRCS will not sign the form until eligibility has been determined for the applicant.
  • NRCS verifies eligibility through the FSA subsidiary website at https://indianocean.sc.egov.usda.gov/Subsidiary/Subsidiary.do.
  • AGI may only be verified on the Eligibility link of the web site. AGI on the Subsidiary Print is not FY09 AGI and considered invalid.
  • Check the appropriate eligibility and date. A copy of the Subsidiary Print is to be filed with the applicant's file in the field office. AGI determination must be checked under the Eligibility tab. AGI is not valid on the Subsidiary Print.
  • The designated conservationist will sign concurring with the applicant's request and concur that eligibility has been determined using the FSA Subsidiary web service. The Subsidiary Print is NOT required to be submitted with the waiver.
  • The waiver will be submitted to the Assistant State Conservationist (by FAX or PDF) for review and appropriate action by the State Conservationist or designee. Responses will be completed the same day or within 24 hours.
  • The State Office will inform the applicant of the decision by certified receipt mail and email, if available, with a copy sent to the local field office.
  • The applicant may start practices anytime after the approved waiver has been received (by the applicant).

As State Conservationist, I am delegating this authority to approve start waivers to the Assistant State Conservationist for Programs or, in his absence, the Acting State Conservationist will act on waiver requests.

Conservation Activity Plans will not be eligible for a start waiver. Start waiver requests must have a meritorious reason for approval to be granted. Designated Conservationists should justify why the applicant is requesting this waiver.

Applicants that are determined as NOT ELIGIBLE will need to have eligibility updated at FSA. You will need to consult with your local FSA office to prioritize and decide how to establish eligibility for these applicants.

Contact.

Questions concerning this bulletin can be directed to Mark Rose, Assistant State Conservationist for Programs at 443-482-2910.

/s/ Tansel Hudson for

JON F. HALL
State Conservationist

Attachments: See email dated April 7, 2009

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