Free Motion to Dismiss - Rule 12(b)(1) - District Court of Federal Claims - federal

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IN THE UNITED STATES CO~T OF FEDERAL CLAIMS JEFFREY D. COTTRELL, Plaintiff,
V.

No. 05-990C (Chief Judge Damich)

THE UNITED STATES, Defendant.

DEFENDANT'S APPENDIX IN SUPPORTOF ITS MOTION DISMISS TO

PETER D. KEISLER Assistant Attorney General DAVID M. COHEN Director BRYANTG. SNEE Assistant Director KELLY B. BLANK Attorney CommercialLitigation Branch Civil Division Departmentof Justice Attn: Classification Unit, 8th Floor 1100 L St., N.W. Washington, D.C. 20530 Tele: (202) 353-7961 Fax: (202) 353-7988 Attorneys for Defendant

Of Counseh STEVEN G. REED Assistant Regional Attorney Office of General Counsel United States Departmentof Agriculture Columbus, OH 43215

December29, 2005

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INDEX TO APPENDIX Item CRPApplication, dated July 17, 1989 Letter to Jeffrey Cottrell from Loran Stutz, dated August 8, 1989 Conservation Plan, dated September 5, 1989 Minutes of Coshocton County Committee, dated September 6, 1989 Letter to Jeffrey Cottrell from County Committee, dated October 4, 1989 Letter to Jeffrey Cottrell from Loran Stutz, dated November 14, 1989 Letter to Jeffrey Cottrell from Dorothy Leslie, dated November 22, 1989 1990 Price Support and Production Adjustment Programs Contract, dated April 11, 1990 CRPWithdrawal Letter, dated Mamb 15, 1990 from Lorma Stutz, dated March 29, 1990 Pa~e 1 15 16 17 18 19 2O

22 23 25 26

Letter to Bruce Malek, attorney,

Letter to Curt Zimm~sky,attorney, from Loran Stutz, dated May2, 1990 Letter to Grady Pettigrew, Jr., attorney, from Dorothy Leslie, dated July 19, 1990 Letter to William Adams, attorney, dated March 3, 1991 fi'om Thomas Vongarlem,

27

29

Opinion and Order of the United States District Court, dated November 15, 1991 Minutes of Coshocton County Cmnmittee, dated November 5, 1997 Letter to Nancy Cottrell frmn Michael Jacob, dated November6, 1997 dated May 1, 2003

2

42 44 46 47

Table ofCRP Signup Periods, Production Flexibility

Contract, dated September 17, 2001

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Memorandum the County Committeefrom State Executive Director, to dated January 9, 2002 Excerpts from PaymentRecords, dated January I 1, 2002

53 54

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THIS CONTRACT entered into between the Commodity Credit Corporation is (referred to as "CCC') and the undersigned owners and operators (referred to as "Owner" a~d "Operator", respectively) on ~he farm identified above (referred to as "Farm") for the fields and acres (referred to as "designated acreage") identified in Items 8-17 below mad on the CRP-IA Addendum, as applicable. The Owner and Operator agree to place the designated acreage into the Conservation Reserve Program ("CRP") for a period of 10 crop years from the date the Contract is executed by the CCC. The Owner and Operator also agree to implement on such designated acreage the Conservation Plan developed for such designated acreage and approved by the applicable local conservation district based upon the conservation practices identified in Items 10 and 15 below and in Items 4 and 9 on the CRP-1A Addendum or such other conservation practices as are identified ha the Conservation Plan and agreed to by the Owner and Operator. The Owner and Operator and CCC agree to comply with the terms and conditions contained in this Contract and cont~ned in the Appendix to this Contract, entitled Appendix to CRP-I, Conservation Reserve P~ogram Contract (referred to as "'Appendix"). By signing below, each Owner and Operator acknowledges that a copy of the Appendix has been provided to the Owner and Operator and that the Owner and Operator has signed the last page of such Appendix wl~ch will be kept on /'fie in the County Agricultural Stabilization and Conservation Service (ASCS) Office. By signing below, the Owner and Operator also agree to allow CCC a period of 30 days from the close of the applicable slgnup period to accept this Contract and agree to pay liquidated damages in an amount specified in the Appendix if the Owner and Operator do not allow CCCsuch 30
FROM

TO

I J I-~<.
PRACTIgE NO. ACRES

$
TRACT NO. FIELD

/~91

I
'18. ANNUAL PAYMENT 9, CCC USE ONLY- Payments ~ ORIGINAL

.. iGN^ TURE ccc REpRE~;ENT^TIVE'$ 5 DATE

" COUNTY OFFICE

COPY

NOU-17-20~5 10:57 FROH:COSHOCTONCOUNTY SER

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Fo~m Approved OMBNo. 0560-0125

U. S. DEPARTMENT AGRICULTURE OF CommodityCredit Corporation

APPENDIX TO FORMCRP-1 CONSERVATION RESERVE PROGRAMCONTRACT

1 DEFINITIONS The following dcf'mitions are applicable to ~e~ contract. Al~'ieulmral onmmod!.~, means any crop planted and ~u~d ~ ~ ~l~g of.~c ~ ~ on ~ ~ndal ~sis by onc+~p pl~, or ~g~ c~c p~ ~ p~u~ ~ ~lf~a ~d o~ mulfi-y~r-le~s ~d ~s ~ ~ a rotation wi~ ~or a#calmmI ~mm~ ~ ~v~ by th~ Annualrental paymentmeansthe per acre amounts0ecified in item 6 0o FormCRP-1multiplied-I~y the nmnberof accepted acres, whichmaybe paid to a participant t~ compensate such parfiCil~nt for placing eligible croplmadin the Conservation Reserve P~eE~am.

C
D E

CC.~.Cmeans the Commodity Credit C~rl:m~ion, a wholly-owned govenlrnental corl~ration within the U.S. Departmentof Agfeultttre. CFRmeansthe Code of Federal Regulations, Commodity Certificates .meama fm'mprogrm'npayrnen~ in a form other titan cash to producers whoare otherwise eligible to receive a cash paymentfrom CCC, madeiu accordancewith the provisions of 7 ~ Part 770/ Conservation Dista'ict_ ~CD) meansa subdivision of a State organized p~rsaant to the applicable Slate Soil Conservation District Lawor in instances wherea eoraervation district does not e~at, the State Conset'cationist of the Soil Con.~ervation Service. Conservation plan meansthe plan bearing the samecontract numbc~this contract ~ndapplicable te the land lfl~ci~l ~ in the Couse.~adoaReserve Programby the pmticlpant de.~'n~ing the conservation practices which must be e~lablished on the land placed in th~ C6nserwdon ReserveProgram order for either erosion on s~chland to be adequately iJa controlled and/or for water quality t~ be sufficiently imploved. The con~l~mtiou "includes FormSCS-CPA-I1 #an and any addendathe~to. The con~ea'vafion#an must list the approvedvegetatbmcover and reqaiw, d conservation Fracdces necessaryfor tile ~stab~shmcnt maintenance such vegelad';,e cover. and Of Contract means #orms CRP-1, CRP-IA (Addendum). CRP-] (Al~mdix); CR.PdB (Addendum), CRP-15, alrplienble conservation plan, and any addendato these documents ent~ied into in writing betweenthe CCU the and participant which set'forth terms and conditions for participation in the CRP.

F

G

I ,I K

Coun~ committee(COC~ meansthe Connt~Agrieulturul Stabilization and Conservation Committee the county in for whichthe farm is admiuiswativeiy located. Cost-share p~mentmeans ti~ ixaymeot provided by ~e Deparmaentto ~.ss~t ~e par'dcipant in establishing the conservationpractices required by this canwacL CR_~_~P meansthe Conservm:inn ReserveProgram e.slabli.~hed in aceordan~with 7 CFR 70~. P,m CRP land meansland ~liject to the terms and conditions of the CRPcontracL

M

. C~land eligible etopland. ~e~.

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CRP-! (Appendix) Page N Current a~ricultural marketvalue meansthe amountin dollars, per acre, determinedto be the price at whichthe land placed in the CRP could be sold fi~r use as farmland the time at whichthis contract is signed by the par~oipanL at meansthe U.S. Department Agrioultare and inehidns CCC, of P Q Elil~ibl~ c~oplandmeansland whichmeets the eligfbility requi~men~ paragraph2 of this coulracL of Farmnle~s all land whichis eonstitutad a~ the farmin accordancewith the regulations govez~ing constitution and the rcconsrlmtion of farms found at 7 CFR Part 719. Farmacreage base meansthe total aCreagebase for all crops on the farm as determinedby CCC accordancewith 7 in CFR Part 713, or other applicable r~gulafioas adjusted to reflect any 0etermina0on made with ro..cl~t to such bases in accordance with 7 CFR Part 780. Fiel..._~d mcart~a pan or wholeof a farm whichis sol:re'areal from the baluaee of the fan'n or other land by permancet beundari~ such as fences, r~ads, permanent waterways, wOod/ands,er~lines (in cases where the predominantly eligible oropland end farming Fmctices makethe part of the farm a manageable unit and probable that ~ch cr~pllnc is not subject to change during the dmationof the contract) Or other similar feamre~. However, notwithstanding the preceding sentence,art area placedin the (2RP a ~f'dtar strip" may txeaw.das a field for purposes this contract. as be of Ir~lter Strips meansan ate~ of permanent vegetative cover that is 1.0 t~ 1.5 chain lengfias (66 to 99 feet) in width. provided, that such widthmaybe exceeded the e.~tout necessary to meetSCSField Office Technk~l to Guideeriteria~ Lo~al ASCS office means the county office of the Agrienitmal Stabilization and Conservation Service ~g the county Or a combinationof counties to whichthe ownerand/Orol~erator's farm or ranch is assigned for administrative

R

S

T

U

V W X

Manageable meansa part of a field that could be fanned in a normalmanneras a self-contained uniL unR Operator meansa t~son whoisin general control of opemfioason the farm. Ownermeans a person has legal ownership of furratand including a per'zon who is buying farmland undt~ a who cent:tact for deed. Part|e' a~ meansan owneror operator or other per~n whohas, ~bject to all terms and conditions of this conWact including the provisions regarding eligibi~ty for paymanta out ha paragraph2, entere~ into this cont~a~with CCC. set Person meansan individual, joint stock company, parlnctship, association, corporation, estate or trust, or other btt~in~s enterprise ~r other legal entity and. whenever applicable, a Slate, a politieS, subdivision of a State. or any agency thereof; except that two or moreindividuals and cnd0esmaybe combined one person in aCcOrdance the as with regulations found at (1) 7 CFR Part 795 and 1497, ~ applicable., for administeringmaximum payment limitations, (2) CFR Part 796 for administering prohibitions on controlled substances, and (3) the regulations promulgated accorin dance with Tide Xll of the FoodSecurity Act of 1985. Producermeansa l~rson whoas owner, landlord, tenant, or sharecropper wouldhave shared in the risk of producing the crop on the land to be placed in the CRP shares in-the proceedstherefrom). (or SC.__~S means Soil Conservation the Service, an agencyof the U.S. Depar~ent Agriculan-e. of Secretary meansthe Secrelary of the U.S. Department Agriculture. of Soil loss tolerance 0"} meansthe maximum average annual soil toss specified for a ~oil in the SCStechnical guide awailablein local SCSoffices and is the level of ~oil loss that may occur and s011permit a high level of crop productivity to be oblainedeconomically indefinitely. and Tt'chnleal assistance mean,qthe assistance provided tO Owners operators by a representative of the Depa~'nent or in cl~qsifying cropland, developingconser~ailon plans, ins'0ecting eli~bility of a desigunmd area, and implementing and certifying conservationpractice.

Y Z

AA

BB CC DD

EE

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Tre~pla.liu~ plan meansthe pla~ that se~ forth the silvicultural trealmemneces.~ for planting trees, in orde~ to 3, obtain adequnt~~msioncontrol on:¢ligiblv eroplaod. The plan shall includ~ site locatJort, number acres, require. of manis for site prepa~ion,, tree s~ies and ~pecifications, planting dates, pre- and post~are of nursery stack, and m,'dntcrnnco ensure,survival anti shali be part ,of 1heconservation to plan.

GG

cover means~rermial or pertrranent grasses Icgam~,forbs, and shrubs with a lif~pan of 5 yeats or more, Wetlandmeansland whichin its natural state, a~ determinedby the Soft ConservationService, has a predora~anc~ o[ hydrie soil a~d that is inu~lated Or saturated b~ surface or groandwater at a frequency and duration sufficient to ~pport, and that under normal circumstances does support, a prevalence of hydrophyIicvegetation typically adapted for life in ~t~rated soil condit~ord,exceptthat this term d~e.g not include lands in A/as/caidentified as havinga high potential for aD-[eulraral development a predominance permafrost.soils, and. of All ether wordsand pl,a'as~, unless the context of subject.ma~rt otherwL~e requires, have the meanings assigned to them in the regdatioaq governing th~ Coast, ration RescNe Programand the reconstitutlon o[" farms, allotments and bases, whicharc foundat 7 CFR Part 704and Part 719, rcspccfively.

2

ELIGIBILITY REQU/REMENTS;RF~TPJCTIONS ON PAY/VlETCrS TO FOR.EI(GN PERSONS A h order for any person to be eligible eligible cropland and: (I) for.paymenm under this contract, the pe~oa must ~ en o~er or o~r of

If an operator of elJg~ble cropland, must have operated the cropland for the period begins not less than 3 years prior ~o the close of lhe applleable period for entering into the CRP curia'act with CCC January1. i985, or w/'dchoveris tatar, and mast provide satisfactory e~denc¢that tl~ ~erson will operate the cmp]ard the for conWactperiod; ~ If an ownerof eligible oakland,muSt have own~l croplandfor not less than 3 ycar~ prior to the elese or" the the applicable period for catering into the CRP contract with CCC, unless: (a) (o) (e) The owneracquirexl thacr~pland by will or Su~ccssi0nas a result of tl~ de.ath of thep~.-viouSownc~s; The owneracquired the croplandlYrior to January 1, 1985; or The Secretary determines that the land was acqttired under circumstuncesthat give adequate assurance that ~helami was n~t acquired f~ the parl~e of placing it in the CRP.

(2)

B C

TheIm'ficilram certifies by signingxhe conlract flint the participant will c0nttol the land the e0~tmet for period and shall, upondemand, provide evidenceto the CCC demonstrating that the l~aaicipant will eon~'o1the hind tOt that pt~iod. In ortior mbe eligible to be placed in the CRP, land must-(1) Not havc lyc~zn inctudzd in a previously approvedcontract withdrawn,canceled or tertrdnated excepe

Ca)

For contr~t~ a~-grovedin signups 1 through 4 (i.e., those conttact~ entered into in counect~on with CRP sign-~p periods that closed prior to Febnlary 27, 1987) wherethe withdL~awal agreed to by CCC~ was or Tothe extent that a newcontract is pemaitt.etl for a s~ccessor.in-in~st, p,.~tsvant to the provisions of paragraph 21.

Havebccn annually plentcd or consido'cd planted to produce agricultural commodity an other than on:hands, ~,-ineyar~, or ornamentalplantings in 2 Of the 5 cr~ years, 1981through1985;

(3)

Be physically pos~aT01e 1~ pktnl~ to producs agricultural commodity than orchards, to an other vineyards, or omara~nml pkmfing$ Be a manageable trait whict~ meclSthe minimum acreage t'equireme~ts ~mblighc.dby CCC fo~" the county; and

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CRPol (Appendix)Page4 (5) Be eornprisedof a field or fields that consist predomimmdysofts: of (a) Classified by SCSas LandCapabliity C/asses II, II1, IV, or V with an averageimnualerosion rate of 2T or greater, as announced the Secretary; or by Classified by SCSas being LandCapability Classes Xrl, VH,or Viii; er Which ar~ (1) (2) Identified as highly erod~ole in accordancewith 7 CFR Part 704.8: and Identlf'md as having an erosion ~te during the crop years 1981through 1985, gaeatex thatl that reomamended the SCSHeld Office Teelmical Guide. by

(b) (c)

D

For purposes of poragraph 2C(5). a field will be considered to be predominantlyhighly credible if 66 2/3 l~rcemt mum the laml in such field meets the requiremeuts of paragraph2C(5); except that a field on whichthe of agree; to plant tre~ may,as dedermined ecegsary by CCC, considered to be predomimmtly n be highly credible if 33 1/3 IXrcent or mornof the land in such field meets the applicable requkemants paragraph of A field or area determin~lto be suitable for use as a l-flter strip maybe eligible to be placed in the CRP, ~dtho~gh it does not otherwise meet Ibe requlrea~cn~of pm'~gmph of this Apl~ndix, ff the imaidpant agrees to grow I~manent 2 grass, forbs, shrubsor trees on such field ~ area. Suchfield or area may ctmsidexed be suitable for use a~ a fil~er be to strip onlyif suchland: (I) (2) Meetsthe requirementsof 2C(1)-(3); Is located adjac~mtto a stream baying perennial flow. other waterbody.ofpermanent nat~rre (such as lakes and l~nde), or a seasonal ~tream, excludingsuch areas as gullies or sod waterways; Is capable whenl~rmanent gra~, forbs, shrubs or trees ~ grownon the land, substantially reducing " of, sedimentthat othervd~wouldbe delivered to th~ mljaeent stream or odor waterbody;and, (4) I.~ 1.0 m1,5 chain lengths (66 to 99 feet) in width except, that such width maybe exceededto the extent neees~try to meetSCSField Office Technical Guidecriteria. A field or area having evidence of scour erosion caused by out-of-bank flows of water, as d~terminedby SCS. or wetland areas may,as approved CCC, eligible to be placed in the CRP by be although the field doe~: not ra~t the eligibility ~afirementsof p~agraph2C(5). (2) In order for land to be eligible for enrollmhntin the CRP nnder this paragraphF, such fmld or areamust be cropland and must meet the ~luimmentsof 2C( In orde~ f~r land to be eligible for em'ollment the CRP the basis of scour erosion, the L~ndat the time of in on em'ollment the l~xOgram in must be croplandwhich: (a) (b) Can be e~ted to flood a minimum once every 10 yeers; and, of Hassuffered crop damage a result of such scottr crosiom as

F

(3)

(4)

TOthe ext~nt practicable, only croplandareas of a field maybe enrolled in the CRP underthis paragraphF. If the fiflt field is not eligible for enrollment, the ClUantityof cropland within the field whichis eligible for enrollmentshall be determinedin accordancewith subparagraphs F(5) and F(6). "l'be entire croplandarea of eligible field may enrolled in the CRP be underthis l~ragraphF if: (a) Thesize of the field is 9 acres or less, or, More than 1/3 of the croplandin the tield is either wetlandor is land which,in the cuse of scour erusion, ¯ lies between water source and the inlaed limit of the scoarero~on, the

i'ICl~-1T-21~85 18:58 FROM:COSHOCTON COUNTYSER 748-69.2-7847

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CRP-I (Al~pcndix) Page If underthi s paragraphF, the fidl field is sot eligible for cnmllmenL portion of the field whichis eligible th~ for em-ollment: ....

(a)
(b)

Onthe basis .of scour erosion, shMlbe thin poiaion of the eropla~d betweenfile water body. mdths inl~md limit of the scour urosio~and, Onthe basis the presence of wetlands, shall be only the wetland, except as provided in sublmaragraph of F6.

(0

The area of a field deemedeligible for e~ollmem under this paragraph F, maybe adjaSt~ as nee~-,ary ~5 establish manageable boundaries between~he eligible and ineligfole area of the fi.eld. . . If croplandis approved errmllment the CP.Punderthis traragraph F, the eligible croplands~alt be planted for in to an appropriate tree spucle.s approve~lby SCS unless tree planting is determinedto be inappropriate by SCS in whichease the eligible cropland shall b~ devoted t~ another aeceplable pemmnent vegetative ~over approvedby SCSand the CCC.

G

Landsubject to a contract ~nader the Great Plains ConservationProgram,Agricultural ConservationProgram,Fore.~a3, Incentives Program, Rural. C]enn Water Program, or similar programcontract, or land cttrsendy under an anunal programwith maintenanceor life, pan requirements, maybe eligible to be placed in. the CRP the innd mee~the if requirementof paragraphs 2C, 2E, or 2F ~nd the conservation pr~ctmesrequired to be established on such land by tim conscr~'ati0nplan are consistent with the cons~vationrequirementso~ the ~m'entprogramor conla-dcL Privately-ownedcropland.g, Indian tribal ¢r~llmds, and Slate local government or croplands that otherwiSe meet the requirements this Var~ra~h eaiga~ol to be placed in the CRP. of are e Notwithstanding other provision of this cunwact subject to the provisions of 7 CFR any and Part 1498: (I) Any person whoenters into this contrac~ after Decombe-r 1987or pa.~ieipat~s in a contractente~dinto after 22, dmt date and whois not a citizen of the UnitedStates or an alien lawfully admitted into the United Slates for permanent residence under the Immigr.~on and Nationality Act ~8 U.S.C. I I01 el- seq.) Slmll be ineligible to receive annual rental paymentsunder I~s contract for the 1989and 1990.cropyears 0.e. pzymenm that, subject to the a~ailability of fund.%wouldotherwise be due on or about October1, 1990 and October1, 1991) unless such person is an individuM ks providing land, capitol, and a substantial amountof l~wsonalLaborin the who production of crops on such farm. Paymentsnot madeby CUC pursuant to the preceding sentence shall not be due or payableunderthis contract. For the purposesof paragraphI(1), co rparation or ~ entity s~an be eonidereaa l ~rson that is ineligible oth s for annual renUdpaymentsfor th~ X989and 1990crOp yem* mum if than 10 percent of the beneficial owne~shlp of the entity is headby parsoas who not citizens of .the UnitedSlates or aliens lawfa!ly~.admitted are into the United States for permanentresidence- under the lmmi~iation and Nationalit3~ Act, unless such determined by CCC,provide a substantial amountof personal labor in the production of Cropson such farm. However,if. an entity is demrmined, be ineligible to rec, eive a payment,CCC n~e ~e paymentin an to may amountd~t~rminedby ~ to be relm~Sentatixx~ of the percentage interesls of th~ ~ntity that is ow~e~by cidzens of the UnitedStates or aliens lawfully admitmd the UnitedState.~ for permanent into residenceunder the Immigrationand Nationality Act. All persons s!tming or succeedingto a CRP c6nl~raCtcharred into by a participant af!or D~cember 1987, shall ~ certify in writing to the CCC such fae~ ~s maybe neces~ayto determinewhether the restrictions on paymenls provided for in pm'agraph2I of this Aplmndixapply and shall submit to the CCC such evidence as maybe requested to determine tl~ acun~., y of such certLtication. - :

H

(2)

f3)

AGREEMENT A The participants mhsu (~) Place into the CRP a pefod of 10 crop years fromthe date this contract is .executed by CCC ac.r~a, ge of for the eligtTole eroplmad %~x:ified item 5 of Eerrn CP.P-~I in ~r~d~_e~oaseaw .atagrt plan, unplement conseruat~un the . developed such laud, and carry out t.he terms mad tbr conOJrtons of.thts eontrac~

6

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CRP.1(Appendix) Page (2) Implenmnt com~etvation the plan in accor "d~. ce with the schedule of completiondates ~elndedin the conservation plan (the COC grant an extension of time for implementationof the conservation plan if, as determay minedby COC, delay in implementationwas caused by conditions beyondthe participant's control); the (3) When required by the conservation plan or the COC, establish a temporaryvegetative cover to conlxol soil . erosion until permanent vegetative cover can be established; Maintain the vegetative covet and the required con~rvafionpractices on the CRP land and "~ke other actions that maybe requited by CCC achieve the reduction in erosion necessary to maintai the productioncapabiilty to n of the soil throughoutthe contract period; Reducethe aggregate total of crop acreage bases, allotments, and qtmms the contract period for each farm for based on a ratio betweenthe acreage of CAP land and the total cropland acreage on such florin in acconSznce with instructions ~.ssucd by CCC; Not knowinglyor wlilingly allow grazing, har~e~ng, or other commercial~c of the forage from the CRP land except as maybe specifically pertained by the CCC ~spous~to a drought or similar emergency;, in Not harvest or sell, not otherwise makecommercial of t.re.es on the CRPland including the shearing or use ~aping of trees for future use as Chrislmas trees (the participanl~ mayconduct pruning, thinning, stand improvement, activities orothet consistent customary with forestry practices that plantedtrees); onland is to

(4)

(5)

(6)

(8)

Not produce any agricultural commodity converted wetland or on highly orodible land except insofar as on production of such commodities be permitted i~ accordancewith 7 CFRParts 12, 1940, 1941, 1943, 1945, may and 1980; Comply with the terms and conditions applicable to commodity certificate4; Comply with the noxious weedlaws of the applicable Slate or subdivision thereof on CRP land; Not tmderlake any action on land trader the pacdcipant's control which l~nds to defeat the pmpoacs this of contr',~ct, as determinedby CCC; Annuallyfile FormASCS-578 the farm with the COC, for accurately listing all crops and land uses on the farm whichformshall be filed not later than the final reporting date determinedand onnotmeed the Administrator, by Agricultarral SlabTization and Conservation and, Service; Annually file required applicable formsfor paymeat limitation determinations.

(9) (l 0) (11)

(~)

(t3) B

CCC ~gt~em (I) Subjectthe to availability to: offunds (a) Pay to the participant an ananal rental poymcnt a period of years not in e~cessof the eontz~actperi°d for in the amount.~ed in iW.m6 of FormCRP-1multiplied by the numberof acres placed in the CP, P by this contract except as providedin paragraphs2I and 6C of this Appendix; Share the cost with the participant of establishing aligJtble conservation pracl~ce.s specified in the conservationplan at the levels and r'~tes of cost-sharing determinedin aceo~lancewith paragraph5 of this Appendix except that in no ease maythe share of CCC exceedan amountequal to 50 l#rCont of the current agriculturat marketvalue of the land placed in the CRP puryaant tO this contract unless the DeputyAdministrator for State and CountyOperations of tl~ Department'sAgricultural Stabilization and ConservationService otherwise approve; in wri6ng on behalf of CCC;provided, furthet that such approvalmust specifically xeferencethe land placed in the CRP underthis contract; and

(b)

(c) Providethe participant with the technical assistance necessaryto carry oat this centtact (2) At the time of conla'act cxpiretion Or cancellation, to teinslate the 1:~, allotment, or quola, rextwired tO be reduced for participation in the CRP,subject to the rcgulafons governingFederal farm programsexcept that in no case maysuch bases, atlotmonts, or quotas e;~ceed the amountthat wouldhave been applicable had therc been no CRP contracl.

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4

CONSERVATION PLAN A Toe conservation (1) (2) ~ ~g~ve A ~ ~nfi~ plan will iaclu~ some ~ ~ of ~e fo~o~g ~ fo~a~ and r~emon~: c~er ply, m ~ c~bfish~ dcvclo~, in on ~e C~

con~raaon ~m ~e F~ So.ice,

if

~ ~ m be cs~h~

~ ~c

(3) (4) (5)

A ~h~ule of eomplefon ~ for ~mb~hment of tbe vege~e eou~ on the ~p ~& The level of erosion control wlxid~mustbe attained on the CRP lend; and, Anyother con~'cafion practices required lot the c~qlablishmentor maintenance the vegetative cover on the of CRPland.

By sig~ing the conservation plan, the participant agreed to implementthe C0nserv~tionpradtices speeifiedin sach conservation phan on the CRP land e~'en if such conservation praeticc~ differ from tho~ IL~ted in item 10 and. 15 of Form CRP-1, and in items 4 and 9 of Form CRP-1A Addendum. COST-SHARE PAYMENTS A Subject to the av~lalfflity of fimds, COSt-Share payments be madeavailable upona determination by. CCC v~ that the eligfble eon.~a-vatienpractice, or an identifiable unit (component) thereof, has been e~tablishedin compliance with the conservation ply. Eligible conmrvation practices are those practices specified in the conservation plan that me~tall quantity and qualb/ standards needed to establish permanentvegetative onver, including introduced or native ~peeie,q of grasses and leg-dine,s:, forc.qt tree.% pormahem wild/fie habimqfield windbreaks,and slkallow wargr#reed for wildlife that will provide adeq~mic erosion control for the contract period. Other consenationpractices maybe determined~ be eligible for cost-sh~re payment~ Suchprantlc~ are required in the conservation plan to ~.ssuro establishment of permmaem" if vegetative cover. ¯ C Cost-shampaymentswill be madeavailable only for the establishment t~ installation of an eligible canservadon practice and only upona detemfiantlon by CCC the eligible conservation practi.ce, or an identifieable unit (comthat pononO thereof, has been established in compliancewith the con..~:rvadcn plan. In order to receive cost-share pay. ments, ilto participant, upOn completionof the conservation pracdce,must f'de FormAcp-245 with the COC~: Subjectto the availability of funds, CCC make will cOSt-share Imymen~, available to the participant at rke rat¢ specified in items 12 and 17 of the CRP-1 (and items 6 and 11 of the CKP-1 Addendum). Ho~vc-~er,nothwithstanding any other 1rrow.sions o~ otis contraot, CCC wilt net mal~ecost-share pa)~ents for any amountin excess of (1) th~ ~moum specified in paragraph3B(1) (b) or;, (2) 50 p~centof the act~ or averagecostof.establishing the ~ligible.conservation practice ~pecified in the conservation plan as determined by the COC. cost-~hare paym~tmadeto a participam The may exceedthe participant's actual contribution mthe cost of establL~hing conservationpractice. not the Exceptas providedin par~gr'dph5E(2) O.f this Appendix, cost.share payments will not be madeto the ]~a-deipam on the sameacreage for an~; ¢lig~7olee0n~erv/xtionp~aetices whichhave beenl:n~vionfly ~tablish~L Cost-sharepayments may.be an~horiz~.dfor the reglaceman~ re2to~tioh of couseevat3on oi~ pr~ctice,s ~Orwlfieh cost-sham assistance has been previously allowed under the CRP only i~ (a) ~b) Replacement re.stomtion of the practice ~s neededto achie-¢e adeqm/teerosion coutrol; and ¯ ~ or Thefailure of the original practice wasnot due to the lfick of propdr maintenance other failam by the or

D

E

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8

9

HOU-IT-2CI8518:59 FROM:COSHOCTON COUNTY SER T48-Ex2~-T84T Case 1:05-cv-00990-EJD Document 10-2 Filed CRP-I (Aplmndix) Page C

12/29/2005

TO:ADMIIq

Page 13 of 27

P:18"14

The imrticipant agrees to provide fair end equitable treatment, in accordancewith 7 CFR Part 713, with respect to producers on the farm which contains thc CRP"land. . ..

10

PROVISIONS RELATING TO TENANTS AND SHARECROPPEI~S Nopayment will be approvedfor the current year il/CCCdeterminesthat any of the conditions specified belowexist: A The landlord or operator has not gdventhe tenants and sharecroppers on the farm.an oty0Ortunity ~o participate in ~e benefits of the program; The numberof tenants andsharecroppers on ~he farm is reduced by the isndlord or operator below the numberof tenants and sharecroppers the farmin the year befOrethe onrt-ent year in anticipation of, or becat~seOf pa~ticilration on in, the program, exceptthat tiffs l~rovisionwill not ~rpplyto ~hefollovdng: (I) Atenant or shm-coropper leaves trio fa_rmvolantaffly or for .~omerea,~on oth~t then being farced off the Who farmby the l'andlord or operatorin antidipationof, or .becauseof participation in, the l~nogram; or Acash tenank standing-rent tenant, or f't~ed-ront meant (a) Suchtenant was living on the f'am i~ the year immediatelyprecedingthe onn'ent year,

B

(b) At least 50 Ix:ment of such tenant's income was received ~rom farming in the immediately preceding

C

There exists betwean the o~mtor or landlord mad ~ tenant- or sharecrop~r.- any lease, contract, agreement or understanding unfairly exacted or requixed by the operator or landlord which was e toted ihto in anticipation of participation in the prograrnthe effect of which is: (1) Tochange status of any tenar/t or sharccrol~per ~-s to delgrive the personof any benefit or other fight which the so such person would otherwise have had;. .. Toreduce inequitably the size of Ibe tenanfs or shareoroplmr"s izroducer unit: or "

(2) (3)

To increa~ the rent to be l~id by the tenant or decrease the share of the crop or its proceedsto be received by the

D

The landlord or oFerator has adopted any other schemeor device for the lmrpozeof depriving any tenant or sharecropper of any benefits to wMch tenant or sharect01Yper such wouldotherwise be entitled. If any such conditions oconr or are discovered afte~ payments have bc~n made. all or any part of the payments, as determined by CCC,must be refunded with inmmst no farther p;aymentsshall be made, and

ERRONEOUS REPRESENTATION AND SCHEME AND DEVICE A A p~cipant whois detemtined to have erroneously reFresented any fact affecting ~ determination wi~ r~spact to this contract and the regulations ~pplicable to this contract and the CKP.adopted any. schemeor device whichtends to d~feat the pmtmsos thiff conlraet or the CRP,Or madeany fraudulent representation with respect to this contract or of the CRPwill not be entitled to paymentsor any other benefits madein accordancewith the CRP whichthe for semati0nwas madean6 the participant must ~efand to CCC payments all received by such participant, plus interest and late paymentcharges.thereon, vdth respect ttr the fm'mand the CRPand be ~bject to liquidated damages, Such liquidated damageswill be determined in accordance with ~ph 15 of this Al:~endix. ¯ Refundsdetermined to be due and owingto CCC accordance with this contract ~ill bear interest ~t the rate of in intereat whichC'CC required to pay for it.~ borrowings is fromthe UnitedStates Treasuryas of the date of the disbursementb'¢ CCC the moniesto be ref~mde~. Interest will na~rue from the date of such disbursement by CCC.Ulxm for sendin~the aofification of the debt by CCC the opamtor,interest charges will thereuponcease; however,the account to will then bear late paymem charges to be assessed every 30 days thereafter in acc~rduncewith the provisions of, and subject to the m~es Vcescribedin, 7 CFR Part 1403or ~iny amendment supplement or thereto,

B

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Thepr~visions ofparagraph Of this lIA Appendix beapplicable shall inadditionanyliability criminal to under and civil fraud statutes, includingU-S.C. 2~7, ]8 268, 471,641, 15U.S.C. I001; 714m; 31 U.S.C. and 3729, anyadler or liability towhich participant subject. the amy b¢

12

CLAIMS AND ASSIGNMENTS A

B

Anypmlicipant entitled to any cash paymentmayassign such paymentsin accordance Withthe mgatiations governing assignmentof paymentwhichare found at 7 CYR Part 709. Paymcra~ other form mayriot be assigned. in

13

PARTJ[CI3PATIONBY PARTNERSHIP

14

IRREVOCABLE OFFER A B An offer cme*into theCR-Pwillbe presented FormCl~-i to on andmaybe mbmitmd CCConlydm'ing to the announcedsignup lX~iOdtiming which CRPcontrols amybe ent~reMinto with CCC. A pemou agmeesby signing the CRP-Ithat the CRP-1 its addendashall be cogitated an offer to enlex into the and ConservationRe.~erve P~grm'n the tzmas specified o~ FormCRP-1 its addenda. Tbe offer, until revoked, may on and be ~cccpted CCC. offer notbe~nroked theperson by The my l~y siging CRP.I the until days 30 after endoftl~ the applicable signup

15

LIQUIDATED DAMAGES It is mutuallyag~-,dthat in the event the contract is breached the participant, tca'rainated bccam~e s~ma by of actiono~ incL of action by the pgrticipant, or the person signing the CRP-1 fails to complywith th~ acocptanceprovisions of paragraph14, the CCC stiffer substantial damage~ will whichm'~im!0OSsible calc'u~o,pnrp0se of th~ CRP tO COnlrOl to The is erosion highly on orodlble lands thereby l~ote~:ingNation's andwatsr ~e soil resoorce~ $u~g for gane~tlons. andother CCC segments el theag~celRlral commtinity act will based the on assumption this that contract befulfilleda redu~tion w~'ll and inerosion and production beobtained. actions will CCC's include budgeting planning th~CRPinsubsequent years. parand for crop A ticipant's tocomply theten~s conditions faiinm with and ofthis contact underminesbasis the.~ the for actions, damages the creditability programs other ofCCC's with s~gmenlstheagricultural of community,rcquirca and sdditioo.al cxponditurcs in sab~quent years order therequired crop in for levcls acreage bep]ace~ the and~ ord~r anadeq~tc of to in CRP for roMucdoa inerosionIx~obtsincd. ixlrttcipanttocomp.[y theacceptance ~o Ifthe ~ads with provisions ofparagraph CCC 14, will adjust sub~:qucnt requests v~ll CP, P and ha'~¢ expended and time effort compilingabsu'acts~mtistica[ and considerin bid and data in ingthe offer. Therefore, inadditionth~other to Ixnaltics, intexe,st ordamages forbroach contract due, of prescribed inthis contract, pardcilz-mt the ~rperson s~bmi~dng ~ C.F~-L agrees payanamount to equal ~eproduct to obtained mMdpiying: by (I)2~ pc~ent theannual of rental payment specifieditem on Form ram in 6 CRF-I (2)theunmb~ acres by, of tlmt am subject thecoamlct, of ~ liquidmed damages notasa l~anlty,this and ff contractterminated inaecordancc is byCCC with paragraph of~sAppendix ifthe~ fm~s comply tbeaceci~anee ]8 Of to with F~vvisions ofpar~gzaph this 14of Apl~nd~

16

NOTIFICATION.OF CIIANGES TO TERMSAND CONDITIONS OF THE CONTRACT CCC agrees that, ff any changes of any of I1~ terms and conditions of t~tis conwact, including changes ~. mre~x)ncile ~e conscxvadoa pm~tices ontheCRP- ~ Nm.~ lis~d 1 sT~ci~ed ~heconservationbccome in phn, nec_essatyprior to t~e that da~ COntract approved beh~d of C.CC, will no~"Ih~e~Ixa'son is on f CCC signingthe C"I'I~-I of suchchange the personwill b~ given10 and days fromthe date of notification mwhichto agree to the re~wxlt~mS conditionsor to withdraw and fromthe contract The signing the CRP-1~ to ~aotJfy the C0~of ma in~tien to withdraw~ the contract within 10 days from the data of the i~sua~ceof tha nofi~ and fur~er agrees tlmt failure to r~ofify Ihe COC e.ox.~ ~e ~Zm'eement thel~viscd ~ and coaditior~ will to

17

CORRECTIONS CCC reserves the right to correct all errors in enteringdata or the results of computations the contract, in

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TFagMINATION OF CONTRACT; JOlieT

LIABILITY

(I) If~o participant fa/Is to catty out the terms and conditions of this contract. CCC terminate Ibis c0nt~z~L may (2) If this contract is terminatedby CCC, accordancv iu with paragraph18A,th~ pahicipant will: (a) Forfeit all righmto payments under thi~ contract:, and Refundall'payments ~revionsly received together with interest and late paymen~ ehm'gns sl~ified in as Ign~graph llB of this Appeadlx; and (e) Pay liquidated dar~ages in accordancewith paragr~h ] 5.of this Appendix. CCC terminate this contract if the Imrticipant agrees to such termination and cCC'determinesthin termina~on may wouldbe in the public h~tere~t. C ~i tho participants fall to om'yout the terms and conditiona of this contr~t but CCC delormincsthat.s~ch failure does not wan'antterraination of thLs c0n~raeqCCC require s~ch particil~ant tb refrm~ kith interest and late may charge.%paymentsreceived under this contracL pay liquidated thmages, or require the participant to accept adjttstments in the payment ace determinedto be appropriat~ by CCC. as All signatories to the CRP contract regardlcgqof payment share are jointly and sev~'ally liable for coml~liance with the terms and eonditlons of the contract and for a12 sumsfalling due CCC pursuant to the contract.

D L9

ACCESS TO LAND All rel:~qontativos of the Department shall have the right of ~cees8 to CRP land and to examineany other crop, rid under the participant's eomrol for the purpogeofde,training I~d classification and erosion rates and fOr fl~e pttri~e of determining whe~erthere is compliancew~ththe mrms conditions 0fthis cona'act. and

2O

CONTRACT MOD~ICATIONS A CCC, muwal by agreementkith Re participants, maymodifythis contrav! ~ order to: (1) Decrease a~ceage p 'l~ed Jn the CRP; (2) P~rnf~t the ~r~d~f~n ~f a~ agric~a~ comm~ditydaring a ~r~p year ~n ~1~ ~r part ~g ~ ~and snb~e~t ~ this O) B C Facilitate the pracllcal administrationof the CRP.

The eonctm'enee the SCSand the CDare necessary whenmodification~ to t~ conlract involve a technical a~peet of of the partlc~ant's conser~-afoaplea. CCC modifyntis conwaetto add, delete, or substkote con~ervagon may p~clice.s when: (1) The/nscalled ¢ort~ecvufionpractice raged to adeqthately control erosion arcough no faul¢ of the paracipan~ (2) The irmra/led m~xa'e/ms te~ra w.d because o~ conditions beyondthe control of ~e par'dci~anty4 or de (3) Another conser~tioa practice w~ll achieve adeqgate emsloncontrol.

21

TRANSFF__,ROF LAND A (I) Ira newowneror ~peratorfaxrchasesor ob~aia.~the right an~~nte~re6"~ o~ right to occi~paacy the CRP in, of, kand, such new owneror operator maybecome participant to tl~s contract with th6 .game tcaxnS madeondltion~, a including/imitatloffs erl payment.& Ti~e newowneror operator may:refu~to booor~a 8uccessor-i~Jnt~est to th~ CRPcontract and may,subject to CCC approval offer tO enter into a newCRPcontract with CC~ c09ering ~ch wansferr~ land if ~e eligibBitT pro-d~ions in paragraph2A ~re 0tlg~vlse met. (2) If the ~wowneroc operater becomesa par~i.'cipant in th/s coutract, ~he newOwner ol~ratoc assumesa/1 or obligatkmg the Fi'evionsl~rfieil~'mt trader this contract with respect to the wansferred of lan d.

NOU-IT-2085 10:59 FROM:COSHOCTONCOUNTY SER T48~E~2-T84T Case 1:05-cv-00990-EJD Document 10-2 CRP-I (Appendix) Pag~ (3) If the newown~ operator becomee participant in this or a

TO:ADMIN Filed 12/29/2005

P:13"i4 Page 16 of 27

Cosbsham payments will be made to the participant whoestablished the conservation practices as spenified in this contract; and Annualrental paymentsto be paid during the fiscal year whenthe land was Wansferrcd w~Jl be divided l~tweenthe newparticipant and the lomvlous~rticipant based upon the period of fime~as detemlined by LheCOC, dtlring the fiscal year during whichsuch parlJCil~ata had control of the land. A newowneror operator of CRP land applyingto succeedto a contract shall relxrrt in writing to the at the COC time of submitting this Appendix approva(: (I) arty interest of any kind in.the CRP for land that is mahaminod by a prcvlousparticipant including, but not limited to, any present, futm'eor colldillonal inte~e.~Lor reversionary intcresh or any option, futurgi~ ~itL with respect to the CRP land; and (2) any intelest of any lender in the CRP land wherethe lendec hag. will. or can oNain,/n'cspecti've of a vohmmry transfer or fOr~losttre or other remedyfor non-payment dnbL. a right of oce~ayin the CRPland or an interest in the equity ha the CP.P of land other than an interest in the appreciation b the valu~ of the land occuningafter the loan wasmade. B If a participant transfers all or part of the right and intcre.qt in, or right to ocenpancy the CRP and the new to, land owner or operator does not become tmiaicipantto this contract, this contract will b~ terminatedon the affected portion of the a CP~P land and ~ch participant will: (1) Forfeit all fights to any futme annual ren~ or cost-share payments wit~ respec~to the transferred acreage; Refund payments all plus interest as .q:~ecified in paragraph1 lb of this Appendix that have been madeon the transferred land, except a Ixrftion of the cosvsharo paymentsmaybe retained if CCC determines that the e~2tblished conservationpractices have achieveddesired conservation for an aenepmblo benefits lwaiod; and (3) P~ytiquidatod d,'mmges CCC sp~citied in paragraph15 of this Appendix. to as

MISCELLANEOUS

A (1)

Nopayment will be madeto any Imrtiuipant whoharvests or knowingly permits to be harvested for illegal use, marijuanaor other such pmMbited titlE-producing Flanrs o~ any part of the lands evenedor ¢otarolled by such

participant; and
Any participant who is convicted under fede~ or State bw of planting, edfivaling, growing, /m~lneing, haa'vest~g, or storing a controlled substanc~in any crop year will lx~ ineligible for any payments dining the applicable crop year, as determinedby CCC. for the four (4) succeedbgcrop yealx and B 23 case of death, incorngetency, or disaplr-~-an~ of any participant, any Imyment will be paid to the par6eipant's dun ~ccessor in accordancewith the provisions of 7 CFR Pa~t 707.

EFFECTIV]E DATE AND CHANGES TO CONTRACT A ThLscontract b effective whensigned by the ownerof the hand to lx~ plaend in the CRP, operator ~r tenant (if the the operator ~r lenant is to be a patty to this co~m~t), and an authorized rc~ntatlvc of CCC.Except as prtrvidcd in paragraph*16, 17, 18, and 20 of this Appendix,this contract maynotbe revokedor revised unless by mutualagreement between the parties. Within the dates established by the COC.this conm~ctmast b~ signed by the ownerof the croplandto I~ placed in the CRP by ad other participan/s. and In the event that a slzlute i~ enacted daring the pe6odof fi~s contract whichwouldmaterially changethe t~rms and c0~dlti0t~s of this contract, the COC requi~ the/:m~cilmntS e.Je.ct between may tO ac..¢eptance of modificationshathis contract consistentwiththe provi~ioas srach statute or an'ruinationof this cOntract of

B

24

REGULATIONSTO PRI~VAIL In the event of a conflict betweenthe Regnlatiomwhichere incor~rated hereby in paragraph 8 and the terms of this Appor~ dlx, the provisions of the Regulationsw/ll prevaiL

Case 1:05-cv-00990-EJD
CRP-1 (Appendix) Page 25 RECEIPT OF ADDENDIX

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By signing_below,the following owners, operators, and producers agree to the terms and conditions of the contract, includin~ g terms and conditions set forth in this Appendix.The signatories to this Appendix,other than those signatories wishing to succeed to the CRP conWact,agree specifically to the provisions of paragraph 14 whichprohibit, subject to liquidated damages, the revocation of an offer to enter into the CRP contract until 30 days aher the end of the applicable signup period. Signatories, to this Appendix wishing to succeed to an existing CRP contract agree and certify that there is no unreported interest , in any previous, contract participant or lender, required to be reported by paragraph21 A (4) of this Appendix.

~"

//.!

'/ Date Date

/

Date

Date Date

Date Date Date

This program activity will be conductedon a nondiscriminatorybasis without regard to race, color, religion, national origin or age, sex, martial stares, or handicap.

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Agricultural

U.S. DEPARTMENT 0P AGRICULTURE .... Stabilization and Conservation Service NOTICE REGARDZNG BID AMQUNT ~e Coshoctcn County ASCS 0~{Ice 724 S. Seventh Street August 8, 1989

Dear

~.

C~, bid under The 19_9_0_ within, the Maximum. by the Secretary c{ it has not yet been criteria have been met~ {or anrollmen~ in %re

This notice is to in{arm you That-your Conservation Reserve Program (CRP) Acceptable Rental Rate (MAnn) established Agriculture {or This h~d pool, However,. determi.qed whether other CRP eligiblli%y such as, elisibili itsel9 ~ o9 The land prosram.

The Co~hoc%~n Ccun%y ASC Commi%%ae ha& dexermine~ %ha% tha amour~ does no% exceed %he ~ccal preva!£in~ ran%~l' rate ~or acre c9 ccmperab!e l~nd. The" acreage for rme program

bid am was

~urthar, bagore The COC can appreve a CRP contract ~3r Tl, e a,zreege you o{~ar~d _ under The 19gO CRP, ~ : Sail Co~ser,,'atic~ ,h_ _-~_rv_ce. CSCS] must develop a conservaTio~ plan approved by ~ The Conservation Dis~riot. So ~ ~ may continue to prozess your bid, you should continue to wcr~ with the SCS to obtain The required conservation plan {or the acreage which is the subject o~ the bid. Your bid cannot be accepted wiThcuT an approved conservation plan. approved A{ter The SCS has provided this o~{ice with an conservat~oG plan, C0C will send you a s~sned copy o9 The C£P contract, containing %he number o{ acres contracted 9or, " the rental rate per acre~ The cantract period, the annual rental payment, the conserver±am practices that must be carried out cn the contracted acres and the approved conservation plan acreage o99ered in CRP. .Included with ±he CRP contract is The addendum and appendix, i{ eQplicable. Practices time, with MADE to be carried out under CRP may ±he understamdlng that cos±-share be started at PAYMENT WILL NOT

8E

Practice Contract

is not is mot

included approved

in the by CQC.

conservation

plan,

or

COC has until September i, 1989, as provided accept your request to participate in ±he CRP. that time a contract has not been apgroved, ~ption o{ leavln S your bid on Pile, modifying or withdrawing ~rom the program. Please contact t~is program, "Sincerely , this o{{~ce 622-8087 or 11 = you 8088. have any

by

the contract, to I{ at the end o{ you w&ll have the the acres o{{ered,

questions

regardin9

",,"oran F

.

Stutz,~

Case 1:05-cv-00990-EJD
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16

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MINUTES OF COSHOCTON COUNTY COMMITTEE

Max G. Mercer ...... James J. Shroyer Glenn W. King... Loran F. Stu±z..

....... Chairman ..Vice-Chairman .........Member

.............. CED

The following subjects were discussed, and action as indicated was taken: I, MINUTES The COC approved minutes of August ?th as written and read. 2. NOTICES The COC reviewed mail received from the S~ate Office the past weeks, with discussion on low yield disaster and emergency feed. 3. CRP

CRP - Not eligible due to no soil loss. 1107 1440 1545 2119 Lois LawKo Juanita Preston John Wilson George Lewis

The COC reviewed the followin9 CRP application. 2251 - Jeff Cottre11, renter operator; Lucille Stuller farm, Coshocton property. The office was informed 9-5-89 Lucille Stuller is deceased. The committee recommend holdin9 10 year application. The land will be a probable estate until additional information is received from family parties. No action to be taken.

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UNITED STATES DEPARTMENT OF AGRICDLTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE COSHOCTON COUNTY ASCS OFFICE ?24 S SEVENTH STREET COSHOCTON OH 43812 October 4, 1989 Dear Mr, Cotfrell, Thank you for meetin9 with the County Committee October 4, The Regional Attorney for Commodity Credit Corporation has requested copies oT !eases, Also a copy oT the wit1, Documents must be submitted ~hru Coshoc~on Co, ASCS forwarded to the Regional Attorney for review and opinion, No oplnion can or will be rendered until review of documents,

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UNITED STATES DEP~RTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE COSHOCTON COUNTY ASC COMMITTEE 724 S, SEVENTH STREET COSHOCTON OH 43812 November Je##rey Cot.trel I 34395 CR 402 Warsaw OH 43844 D~ar Mr. Co.t.trel], The #ol]owimg has been received #tom the Regional Attorney, 14, 1989

Due to ±he o_~±h o£ owner Lucil!e Stuller, Farm No. 2251, it will be necessary the Tollowing sisnthebonserva-~ion" £or "to -" ' Reserve Con±tact and .the accompanying in-~orma±ion prior -to County Comm~t±ee approval, i. 2. Executors o~ estate o~ Lucille S±uller Each heir .that will acquire an interest to the terms o~ Lucille Stul!er's will.

in "t-he

land

pursuant

These signatures will represent agreement to payment shares and all provisions of the Conservation Reserve Program. All parties earning a payment will be required to comple.te
signed

by

con±ac±

±he

ASCS O-F-Fice.

Telephone

622-8087.

Loran F. Stutz.. Coun±y Executive

Direcfor

At±orney David Railsback Vernon E. qapp, Dis.trict Director Ohio State O##ice, Conserva.t~on Sac.rich

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~i)

United States Department of Agriculture

Agricultural Stabilization and Conservation Service 540 Federal 200 North Columbus, ~u~d~n 9 HJ~h Street Ohio 432]5

November

22.

1989

Mr. Je{{ Cottr~11 34395 Co, Rd, 402 Warsaw, Ohio 43844

Oear

Mr,

Cot±rail:

From your correspondence o{ November 16, 1989 you apparen±]v s±J]] have some question about the process ~nvo]ved be{ore ASQS can enter into a Ion 9 term contract with a producer, and how in{ormation is obtained, It is the h~£ sta{{ acoept~n 9 The 2 The 3 responsibility or our lapel a CRP contract: ]and mu~t meet o{ the counsel local county to check the exeou±ive {o]]ow~n£ director, areas be{ore

CRP must

el

Jg~b~]~ty legal

requirements, control o{ the ]and o{{ered,

producer~owner

have

W~ mum± be certain that the tend o{{~red will b~ "under your control {or the li~e o{ the contract. In case o{ death of the owner/producer or, sale o{ the property, th~ new owner has the option to continue the contract, 7{ the contract is not continued by the new owners, all payments must be repaid plus ~nterest and liquidated damages. ASCS o{ the was 0ommittee property used to had {~r reach reason the ]~{e th~s

~n your case, Hr, Stut~ and the county to believe you would not have control the contract. The {o]]o~n9 ~n{ormat~on

o{

]

A county committeeman read ~n Hi, £randmo±her had pas~ed a~ay, [eavin the property in quest&on.

Vernon newspaper tha~ your ownership o{ 9 {uture

2

Hrs, Stuller's son James, voluntarily came in±o the o{{ice and reported Lucille Stuller's death and {urther stated he had reason to believe he (James] was an heir apparent. Am

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an heir and prospective consent to entering under the terms you

co-owner, he ~nto0 or continuing, propose.

stated

he a CRP

wou]d contract

not

Our legal inves±iga±ion reveals that the property is carrying a mortgage in which payments are delinquen± and #uture ownership and/or control by you is in doubt. I #eel Mr, S±utz and the county ASCS Committee had adequate basis to question whether the ±arms o~ the con±tact could be met. As lon~ as such questions exist we are le~ally precluded grom entering into a CRP contract. I #~nd no indication that ~r. StutT. or hSs sta## breached your con#Jdent~a] Jty. He merely {ul#J]]'ed, but did not exceed, his J±y ±o make the necessary inquiries to assure proper e]~g~b~]~ty, controI and ownership o# the land o##ered #or the CRP contract.

author-

Sincerely,

Oorothy State

I.. l.eslie Executive Director

CC:~Loran Stutz,CED Coshocton V. Rapp, DD M. Giles, Conservation

COF

SED:DLLeslie:bmc

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FarmIdentification ll~IS~l~Pu~:T, en~red is in.tobergen ~dityCcedit ~e ~rBoration (CO:)andthe ~r.~e~'si~n~pr~ucers farmidentifi~ on ~e abovefor ~e ~8 cro~(s) ~dentifi~ co1~n4 ~hi~are designated the operator,'=,:~uc~er farmby enteri~ in b~" of@e '~' co1~n a~o~&, a~ initialln3. f~msandcondi~iians ~e co~t~L-'ct 5 The of a,r,e .--o~n÷~:',~ appe~ix thecentral, ~ ~he to entitl~ A~pendix C~:-4~and a~ addend~ to thereto. SIGNI~~IS ~r~R~:,PRODUC~ACXt!.'~ BY ~(~-IPT~ ~ ~?ENDIX ll~ISCONTO l~CT,CCC-4~'7 (~IX). Thisprc~ram a~ivityor #iI~be conducted a nondiscrimii}~torv #i~out on basis regard race, ~ color, reli~ion, national origin, a~e,sex,~ari~1 status', ha~icap. or '

I 36 NI OATSt I I 47NI

I I

~4.0 I 2.3 I

51.3 1 363.6I

.0 I I

47.2

,~ ~e aGea~e basefo~any cro?thatis notlis~dis zero.

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THIS CONTRACT entered ~nfo between the CommodityCredit Corporation (referred to as "CCC'') and the undersigned owners and operators (referred is to a~ ,Owner'" and "Operator',respectively) on the farm identified above (referred ° as " Farm,) f or t he f ields a nd acres ( referred t o a s " designated acreage") identified in Items 8-17 below and on the CRP-IAAddendum,as applicable~ The Ownerand Operator agree to place the designated acreage into the Conservation Reserve Program ("CRP') for a period of 10 crop years from the date the Contract is executed by the CCC. The Ownerand Opetalor also agree to implement on such designated acreage the Conservation Plan developed for such designated acreage and approved by the applicable local conservation district based upon the conservation practices identified in Items 10 and 15 below and in Items 4 and 9 on the CRP-1AAddendumor such other conservation practices as are identified in the Conservation Plan and agreed to by the Owner and Operator. The Owner and Operator and CCC agree to comply with the terms and conditions contained in this Contract and contained in the Appendix to this Contract, entitled Appendix to CRP-I, Conservation Reserve program Contract (referred to as "Appendix"). By si=~aing below, each Owner and Operator acknowledges that a copy of the Appendix has been provided to the Ownerand Operator and that the Owner and Operator has sig~ed the last page of such Appendix wbich will be kept on f'fle in the County Agricultural Stabilization and Conservation Service (ASCS)Office. By signing below, the Ownerand Operator also agree to allow CCCa period of 30 days from the dose of the applicable signup period~ to accept this Cont~aet and ~gree to pay liquidated damages in an amount specified in the Appendix if the Ownerand Operator do not allow CC~such 30-d.ay period in which to execute this Contract. 4.
~ A OPERAT~=~

OWNERSAND OPERATORS
5SN

"

$
TRACT NO. TRACT NO.

18.

ANNUAL PAYMENT

19. CCCUSE ONLY-Pavment~

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