MEMORANDUM OF UNDERSTANDING between the

ALABAMA CERTIFIED CROP ADVISERS and the

UNITED STATES DEPARTMENT OF AGRICULTURE/NATURAL RESOURCES CONSERVATION SERVICE


This memorandum is entered into between the Alabama Certified Crop Advisers, hereafter referred to as the certifying organization or agency, and the US Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS).

I. BACKGROUND

NRCS is assigned responsibility to provide conservation planning and technical assistance to agricultural producers under the provisions of the Soil Conservation and Domestic Allotment Act and other applicable legislation. This assistance is provided in cooperation with various Federal agencies, State and local governments, non-governmental organizations, and individuals. NRCS has staff expertise to provide assistance relative to natural resource policy and technology.

The Food Security Act of 1985, as amended, permits agricultural producers to secure conservation planning and technical assistance from approved sources in addition to those services available from NRCS. Private consultants and employees of agribusiness or natural resource agencies who hold appropriate certifications through a recognized certification organization can be designated as "approved sources" of technical assistance as authorized by the 1996 Farm Bill.

The American Society of Agronomy, Certified Crop Advisers, has expertise in providing landusers with specific types of conservation assistance such as nutrient management, pest management and other crop management practices.

II. PURPOSE

The purpose of this memorandum is to provide a mechanism for registering members of the certifying organization as approved sources of conservation assistance. It is the intent of both parties that this cooperative effort shall be for the mutual benefit of both parties and their customers.

This memorandum will benefit the certifying organization by providing it and its members with the opportunity to render services to a new clientele and expand the scope of services offered to present customers.

This memorandum will benefit NRCS by having members of the certifying organization empowered to provide conservation assistance to agricultural producers in addition to that which is available from the agency. It will also assist the agency in carrying out its mission of providing quality conservation assistance to its customers.

III. RESPONSIBILITIES

A. The certifying organization will--

  1. Certify that its members, who request to be listed as third party vendors, meet appropriate minimum USDA and NRCS standards (see Attachment A) for providing conservation technical assistance.

  2. Establish a registry of Certified Crop Advisers, who are qualified and request to be listed as third party vendors, on the Alabama Certified Crop Advisers website. This registry will contain each registrant’s name, organization, mailing address, phone number, fax number, E-mail address, certification expiration date, and a list of services each individual is qualified to perform.

  3. Update the third party vendor registry annually, or more frequently if necessary, and provide this information to NRCS in a timely manner.

  4. Remove individuals from the registry of third party vendors who do not maintain CCA certification, do not complete required training, who request that they be removed from the program, or who are found to be providing substandard assistance. Immediately notify the individual and NRCS when a name is removed from the registry.

  5. Provide certified third party vendors access to technical and programmatic materials received from NRCS in a timely manner so that these individuals can provide quality conservation technical assistance.

  6. Inform certified third party vendors that their work is subject to the same quality reviews as NRCS employees.

  7. Inform certified third party vendors that they cannot legally certify completed cost shared practices for payment. Only NRCS employees have the legal authority to do this.

  8. Inform certified third party vendors that conservation plans must be reviewed by NRCS before landowners or operators may proceed with implementation of plan or practices.
B. NRCS will--

  1. Develop technical requirements for third party vendors who provide conservation assistance (see Attachment B) under this MOU.

  2. Provide the certified third party vendors access to the Field Office Technical Guide and other appropriate technical documents and references.

  3. Provide the certified third party vendors access to updated program information in a timely manner.

  4. Make third party vendors registry information available to appropriate NRCS and conservation district offices.

  5. Assist the certifying organization with training members and third party vendors as requested.

  6. Review conservation planning and technical assistance provided by third party vendors for adequacy.

  7. Conduct quality control reviews to assure the work of third party vendors meets appropriate NRCS and USDA program and practice standards.

  8. Remove third party vendors or certifying organizations from its "approved" list if these individuals or organizations do not meet appropriate minimum standards.
C. AGREED THAT BOTH PARTIES will--

  1. Meet as requested by either party to review progress and discuss methods of improving the certification process.

  2. Meet as requested by either party to review training needs and revise minimum standards to improve the third party certification program.

IV. PERIOD AND TERMS OF AGREEMENT

A. The project period for this agreement begins on the date of the last signature and continues indefinitely unless canceled by either party. NRCS and the certifying organization will jointly review this agreement at least once every five years.

B. This agreement may be terminated by either party by written notice to the other party at least 30 days in advance of the effective date of termination.

C. Upon termination of this agreement, those individuals on the organization’s registry will no longer be considered certified.

V. TECHNICAL AND ADMINISTRATIVE CONTACTS

A. See attachments C for information on appropriate organizational contacts.

VI. PROVISIONS

A. In accordance with NRCS Property Management Regulation, Temporary Regulation A-2, "The program or activities conducted under this memorandum of understanding will be in compliance with the nondiscrimination provisions contained in Titles VI and VII of the Civil Rights Act of 1964, as amended; the Civil Rights Restoration Act of 1987 (Public Law 100-259); and other nondiscrimination statutes; namely, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendment of 1972, and the Age Discrimination Act of 1975. They will also be in accordance with regulations of the Secretary of Agriculture (7 CFR 15, Subparts A & B), which provide that no person in the United States shall on the grounds of race, color, national origin, age, sex, religion, marital status, or handicap be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving federal financial assistance from the Department of Agriculture or any agency hereof."

VII. AUTHORITY

This agreement is entered into under the authority of the Soil Conservation and Domestic Allotment Act, as amended (Public Law 74-46, 49 Stat. 163, 16 U.S.C. 590a-f).

The undersigned parties hereby agree to the terms and conditions specified above.

ALABAMA CERTIFIED CROP ADVISERS:

________________________________________
Dr. Joe Touchton, Chairman

___________
Date

USDA - NATURAL RESOURCES CONSERVATION SERVICE:

_________________________________________
Ronnie D. Murphy, State Conservationist

_____________
Date













ATTACHMENT A

MINIMUM STANDARDS FOR THIRD PARTY VENDORS
AND THEIR CERTIFYING ORGANIZATIONS

PROVIDERS OF CONSERVATION TECHNICAL ASSISTANCE WILL:

  1. Meet minimum standards for conservation assistance established by NRCS. Vendors will also be responsible for meeting any additional standards established by State or local governments.

  2. Demonstrate the ability to provide assistance in conservation planning and technical assistance. Being listed on a certifying organization’s registry of third party vendors will satisfy this requirement.

  3. Be aware that technical assistance being provided must conform to the overall conservation plan of the recipient that was prepared by NRCS. This will require contact with the local NRCS conservationist before final recommendations are provided to the producer. The signature of the authorized NRCS representative conveys approval that practices planned conform to the overall conservation plan of the recipient.

  4. Be aware that recipients of technical assistance must obtain approval to proceed from the local NRCS conservationist before beginning installation of conservation practices recommended by the third party vendor. The signature of the authorized local NRCS representative conveys approval that the practices to be installed are planned and designed according to appropriate NRCS standards and specifications.

  5. Be aware that their work is subject to a quality review to determine whether it meets appropriate NRCS and USDA program and practice standards.

  6. Provide information covering the memorandum of understanding with NRCS and the requirements of USDA programs under which technical assistance will be provided.

  7. Be listed by the certifying organization on a registry provided to NRCS as being an "approved" third party vendor for specific categories of conservation technical assistance.

The CCA requirement to obtain 40 hours of continuing education every two years covering the areas of nutrient management, soil and water management, integrated pest management, and crop production will meet the NRCS requirement for each third party vendor to maintain his or her skill level.




















ATTACHMENT B

MINIMUM STANDARDS FOR CONSERVATION ASSISTANCE

PROVIDERS OF CONSERVATION TECHNICAL ASSISTANCE WILL:

  1. Be a Certified Crop Advisor.

  2. Demonstrate the ability to provide assistance in conservation planning and technical assistance relating to nutrient management planning for animal feeding operations and crop management systems, conservation tillage systems, grazing management systems and related areas. This will require the development of at least one conservation plan under the direction of an appropriate NRCS employee.

  3. Complete approved specialized training in areas of nutrient management planning for animal feeding operations and crop management systems, conservation tillage systems, grazing management and other related areas where conservation assistance may be provided by the third party vendor.

  4. Complete modules one through five of the NRCS Conservation Planning Course and examination. This is a self paced, computer based course on the introduction of conservation planning.

  5. Complete the Nutrient Management Planning with Animal Feeding Operations training.

  6. Complete addition training as required by NRCS to stay abreast of current programs and technology changes.



















ATTACHMENT C

TECHNICAL AND ADMINISTRATIVE CONTACTS

SIGNATURE ______________________________________ DATE ________________

NAME:
Dr. Joe Touchton

TITLE:
Chairman, Board of Directors
Alabama Certified Crop Advisers

ADDRESS:
202 Funchess Hall
Department of Agronomy & Soils
Auburn University, Alabama 36849-5412

E-MAIL:
touchjt@auburn.edu

PHONE NUMBER:
(334) 844-4100

FAX NUMBER:
(334) 844-3945


SIGNATURE ____________________________________ DATE _______________

NAME:
John Meetze

TITLE:
NRCS State Resource Conservationist

ADDRESS:
PO Box 311
3381 Skyway Drive
Auburn, Alabama 36830

E-MAIL:
John..Meetze@al.usda.gov

PHONE NUMBER:
(334) 887-4539

FAX NUMBER:
(334) 887-4551