The Board of Water and Soil Resources (BWSR) contracts with local government units to implement easement programs. To do this, BWSR enters into a Master Joint Powers Agreement (MJPA) with a local unit of government like a soil and water conservation district (SWCD). An MJPA is an overarching agreement that allows SWCDs to enter into work order contracts with BWSR in order to be compensated for their staff time working on easement acquisition, stewardship, and restoration. There are currently two MJPAs in effect:

2024-2029 MJPA

  • All new work orders are created under this MJPA, which is effective February 1, 2024 through January 31, 2029
  • If the first paragraph of your work order includes a T-Number starting in 249, it is under this MJPA
  • No invoicing is required for these work orders

2020-2025 MJPA

  • Work orders completed prior to January 2024 are under this MJPA and will remain in place until the work is complete or the MJPA expires on June 30, 2025
  • If the first paragraph of your work order includes a T-Number starting in 219, it is under this MJPA
  • Invoicing is required for most of these work orders

How is the 2024-2029 MJPA different from the old one?

  • Terms of Payment: Invoices for services will no longer be required to be submitted prior to payment. When the work is complete, BWSR will make the payment.
  • Stewardship: Formerly named Easement Delivery, payments for administering and inspecting easements have a higher payment cap. Payments will remain $50 per easement until additional funding is identified.
  • Alterations and/or Amendments: These additional listed duties allow districts to be paid for this work at $2,500 per alteration and $1,000 per amendment.
  • Easement Acquisition: Payment for the completion of Phases 1 and 2 has been increased to $2,500.
  • Wetland Restoration Technical Assistance: The payment cap is increased to $4,000. Levels of payment will depend on services provided.
  • Reimbursable Expenses: Reimbursable expenses have been modified. Many new items require BWSR’s prior approval to be reimbursed.
  • Work Order Contracts: The master contract’s Exhibit A displays the individual work order contract template that will be used to procure services as needed; it has been edited to match the above changes.

 

2024-2029 MJPA Work Orders

 

Easement Stewardship Work Orders

BWSR creates Easement Stewardship Work Orders for each SWCD annually. Duties are limited to those listed under the Easement Stewardship portion of the Work Order contract. BWSR compensates SWCDs based on the number of easements within each SWCD as of June 30th of each year, currently at $50 per easement. Once the Easement Stewardship Work Order contract has been fully executed, BWSR initiates the payment. No invoicing is required.

Easement Acquisition Work Orders

After an easement application has been submitted and approved for funding, BWSR initiates Easement Acquisition Work Orders. Duties are categorized into two Phases: Phase 1 (from application through executed easement agreement for $1,000) and Phase 2 (from easement agreement through recording for $1,500).

Following the landowner easement payment, BWSR compensates SWCDs $2,500 for the completed acquisition of the easement. For cancelled easements that have completed Phase 1, following cancelation notification and processing, BWSR compensates SWCDs $1,000. No invoicing is required.

Technical Assistance Work Orders

Some easements that include wetland restorations are eligible for Technical Assistance Work Orders. BWSR will identify these applications and then issue a Technical Assistance Work Order.

BWSR Engineering notifies SWCDs when construction projects are complete and certified. This email identifies the level of assistance for which the SWCD is eligible to be reimbursed. Following this notification, the BWSR will compensate the SWCD for an amount dependent on the level of assistance, up to $4,000. No invoicing is required.

Alteration/Amendment Work Orders

SWCDs are compensated $2,500 for alteration work, which may include legally amending the easement. SWCDs are compensated $1,000 for amendment work (that doesn’t include an alteration).

BWSR initiates Easement Alteration/Amendment Work Orders prior to an SWCD ordering title work. SWCDs will be compensated upon resolution or completion of the Alteration/Amendment. No invoicing is required.

 

2020-2025 MJPA Work Orders

 

Easement Delivery Work Orders

On an annual basis, BWSR will issue work orders for Easement Delivery. The amount is calculated based on the number of easements within the SWCD as of  June 30th of that year. This Easement Delivery Work Order is only for the SWCD duties listed under the Easement Delivery portion of the Work Order.

To begin this process, BWSR will send an Easement Delivery Work Order to each SWCD. Once all signatures are obtained on the work order, BWSR will initiate payment to the SWCD. No invoicing is required with this process.

Easement Acquisition Work Orders

After you submit an easement application and that application has been funded, BWSR will issue an Easement Acquisition Work Order. This Work Order will include $2,000 per newly funded easement. Duties are categorized into two phases: Phase 1 ($1,000) and Phase 2 ($1,000) for clarity and ease in providing partial reimbursement upon cancellation of an easement. These Phases are what BWSR considers Easement Acquisition.

SWCDs may submit for reimbursement for services covered under Easement Acquisition Work Orders when an easement is both recorded and the landowner payment has been completed.

Technical Assistance (Plan Development/Construction Implementation) Work Orders

Select funded applications that include wetland restorations will be eligible for additional payments. BWSR will identify these applications and issue a Technical Assistance Work Order.

SWCDs may submit for reimbursement for services covered under Technical Assistance Work Orders when the construction project is complete and a certification email from BWSR Engineering has been received. This email will communicate the level of assistance for which the SWCD is eligible to be reimbursed.

Invoicing

To request reimbursement for services covered under 2020-2025 MJPA work orders, SWCDs must use this form:

2020 Master Contract Invoice Form

BWSR will send out quarterly reminders to submit invoices.

 

Changes to Authorized Representative

If there have been any changes to the Authorized Representative that is authorized to sign Work Orders at your SWCD, please help BWSR to reflect this information by notifying BWSR via an email to bwsr.rim@state.mn.us.

Contact

Kristina Geiger
Program Analyst