1 State and County Investment Plans. Such plans are not required under the reinstated 1973 REAP. If already developed, STC's and COC's should use the plans to the extent feasible. B 2 Issuing 1973 Practice Approvals. Since State allocations included in Notice RE-43 apply, approvals may be issued as soon as county allocations are received from the STC and county programs are approved. 3 Early Approvals Under 1973 Program. 4 No longer applies. County programs must be developed and approved before cost-share approvals may be issued. Concurrent Operations. Although the 1973 REAP and 1974 Notice RE-43. 1 CMS and Technical Services Payments. A sight draft limitation may be requested on ASCS-329 as soon as needed for making payments to CMS vendors and technical assistance agencies. The amount requested should represent the estimated amount needed through July 1, 1974. Payments cannot be made to farmers on 1973 approvals issued after the reinstatement of the program until an appropriation is made by Congress and a sight draft limitation is received by the STC specifically for this purpose. 2 Exhibit 1. The 1973 Naval Stores Conservation Program NSCP will be added to the reserve for SCI and will not 1 2 3 State and County Investment Plans. Does not apply for Early Approvals. No longer applies (See subparagraph A 3), Clarification of Certain Practices. No longer applies since 6 7 NOTICE RE-75 D E F G Wire Notice RE-47. Still applies as written. Handbook 1-RE. Applies through Amendment 2 dated 9-29-72. The provisions of Amendment 3 dated 2-12-74 apply to the 1974 RECP and are not to be used in connection with the 1973 REAP. Handbook 2-RE. Except for the LTA procedures, this handbook applies through any current amendments involving daily operating procedures. Copies of Instructions. Counties needing copies of Exhibit 2 PROGRAM YEAR The final date of the program year for the reinstated 1973 REAP has been extended to December 31, 1974. As a result, all practices approved under the 1973 REAP must be at least substantially completed (Paragraph 163 of 2-RE) by December 31, 1974. The final date for making application for payment for practices completed under the 1973 REAP is extended accordingly to December 31, 1975. REQUESTS AND APPROVALS Follow the regular sign-up and approval procedure in 2-RE. A The prior request rule in paragraph 9 of 2-RE applies. result, cost-sharing cannot be approved for practices for which performance was started or completed before a request was filed. As a B C In accordance with subparagraph 18 B of 2-RE, requests filed under the 1973 REAP which could not be honored during the period the program was terminated cannot be approved if the practice has been started. Where the practice has not been started, the producer shall be advised to file a new request since conditions may have changed significantly since he filed his original request. The maximum cost-share limitation applies to the total of all cost shares earned under the 1973 REAP during the revised program year specified in paragraph 6. (Cost-shares earned under the 1974 RECP are not to be included in applying this limitation. A separate limitation applies for cost-shares earned under the 1974 RECP.) NOTICE RE-75 The small cost-share increase (SCI) applies to the total gross cost-shares earned under the 1973 REAP by a person for all practices on the same farm during the revised 1973 program year. Payments cannot be made until a sight-draft limitation specifically covering such payments is received. RE PORTS Continue to submit monthly reports on RE-305 for the 1973 program in accordance with existing instructions. 9 STATE OFFICE ACTION Notify the State Conservationist, SCS; the State Forester; and counties of the contents of this Notice. 10 NOTICE DISPOSAL January 1, 1975 Andersen (202) 447-6787 NEWS U. S. DEPARTMENT OF AGRICULTURE REINSTATEMENT OF 1973 REAP ANNOUNCED BY USDA: WASHINGTON, March 12--The 1973 Rural Environmental Assistance Program (REAP) which was terminated in December, 1972, will be reinstated, the U.S. Department of Agriculture announced today. The announcement was made as the Agricultural Stabilization and Conservation Service (ASCS) was notifying farmers that they can now sign up for cost-share assistance under the new Rural Environmental Conservation Program (RECP) announced last December. RECP, which carries forward some features of the old REAP, was authorized by the Agriculture and Consumer Protection Act of 1973. Kenneth E. Frick, Administrator of ASCS, said operational details of the reinstituted 1973 REAP, are under study and will be announced later. He said reinstatement of the 1973 REAP program resulted from a U.S. District Court decision reversing the termination action. Meanwhile, sign-up dates are being announced by ASCS county offices for farmers to request annual and long-term federal cost-share agreements provided by the 1974 RECP. Frick explained a major difference in the two programs is increased emphasis on forestry practices and implementation of long-term cost-share agreements under RECP. In addition to forestry incentives RECP provides help for landowners to establish and follow recommended permanent type conservation practices while farmers are being called on for all-out production to meet domestic and export needs. UNITED STATES DEPARTMENT OF AGRICULTURE Agricultural Stabilization & Conservation Service NOTICE RE-70 20250 FOR: State, County, and Caribbean Area Offices DISTRICT COURT JUDGMENT ON THE 1973 REAP LITIGATION APPROVED BY: Acting Deputy Administrator, Frograms Victor a. Senechal 1 PURPOSE 2 To provide STC's and COC's with copies of the judgment of the court BACKGROUND Defendants. United States District This action was filed in the United State: District Court for the District of Columbia on January 25, 1973. The suit consisted of a class action involving the impoundment of funds and the termination of the 1973 RE AP and the impoundment of funds for a HUD program. On December 28, 1973, the court issued its memorandum opinion holding that the terr: nation of 1973 REAP by USDA was "unauthorized by law, illegal, and in excess of statuatory authority.....' The court ordered that copies of its judgment be sent to all STC's and COC's. Following delendants motion to amend the courts' judgment, the court further ordend on February 7, 1974, that the 1973 REAP be implemented 11 ..with such speed as is administratively feasible.....", and that copies of the judgment be sent to all STC's and COC's within ten working days of the date of the order. Copies of the court's judgment dated December 28, 1973, and the order dateu February 7, 1974 are attached, The Department of Justice has under consideration the question of a stay of the district court's order and whether an appeal will be taken to the Court of Appeals. A In compliance with the court's order, provide COC's with a copy of the Nice and the attachments not later than February 28, 1974. B You will be advised in the next few days of action required to be taken regarding reinstatement of the 1973 REAP. с Advise CO0's Pub informas reinstatement of the 1973 toon to be taken regarding will be provided in the next few days. |