NR 47.07(2)(a)4.
4. Costs incurred in a contract which creates a real or apparent conflict of interest. An apparent conflict of interest arises when an official or employee of a grantee participates in the selection, awarding or administration of a contract supported by this project and:
NR 47.07(2)(a)4.a.
a. The official or employee, or his or her spouse or partner, has an ownership interest in the firm selected for the contract; or
NR 47.07(2)(a)4.b.
b. A person identified in subd.
4. a. receives a contract, gratuity or favor from the award of the contract.
NR 47.07(2)(b)
(b) Program costs incurred before or after the project period for the grant.
NR 47.07 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; am. (1) (b) to (d), cr. (1) (e), r. (2) and (3), renum. (4) to be (2),
Register, May, 1999, No. 521, eff. 6-1-99.
NR 47.08
NR 47.08 Grant awards; payment. NR 47.08(1)(1)
Grants shall be awarded subject to execution of the project agreement, as specified in s.
NR 47.03 (5).
NR 47.08(2)
(2) Grant payments may not be paid until a claim supported by evidence of cost has been received by the department, unless otherwise agreed upon by the department, in writing.
NR 47.08(3)
(3) Payments may not be paid for project modification unless approved by the department.
NR 47.08 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.10(1)(1)
The purpose of this subchapter is to establish procedures and standards for the administration of the stewardship incentive program (SIP) as authorized under the act, for the purpose of encouraging private forest landowners to manage their lands in a manner that benefits all the resources in their forest.
NR 47.10(2)
(2) Funding granted under this subchapter is intended to complement rather than replace or duplicate other federal cost-share programs, such as ACP and FIP.
NR 47.10 Note
Note: SIP funds are intended to be used in addition to, and not in place of those funds that have been traditionally provided for forestry under ACP, FIP or any other federal cost share programs.
NR 47.10 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.11
NR 47.11 Applicability. This subchapter is applicable to landowners applying for or receiving grants under this subchapter.
NR 47.11 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.12
NR 47.12 Definitions. In addition to definitions in s.
NR 47.002, the following definitions apply to this subchapter:
NR 47.12(1)
(1) “ACP" means agricultural conservation program, as referenced in 7 CFR, part
701 and part
1413.
NR 47.12(2)
(2) “Afforestation" means establishing a forest on land not previously forested.
NR 47.12(3)
(3) “FIP" means forestry incentives program.
NR 47.12(4)
(4) “FSA" means the U.S. department of agriculture, farm services agency.
NR 47.12(5)
(5) “Landowner forest stewardship plan" means the plan prescribing forest stewardship measures to be used on a particular site to achieve multiple natural resource goals.
NR 47.12(6)
(6) “Practice" means a stewardship activity or conservation measure consistent with the landowner forest stewardship plan to accomplish the landowner's desired management objectives.
NR 47.12(7)
(7) “Program" means the stewardship incentive program established by the act.
NR 47.12(8)
(8) “Reforestation" means establishing a forest on lands that were previously forested.
NR 47.12(9)
(9) “Regional forester" means the area director for state and private forestry, northeastern area of the forest service.
NR 47.12(10)
(10) “Riparian zone" means the zone adjacent to a navigable stream or other body of water.
NR 47.12(11)
(11) “SIP" means the stewardship incentives program established by the act.
NR 47.12(12)
(12) “USDA" means the U.S. department of agriculture.
NR 47.12(13)
(13) “Wetlands" means an area where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions.
NR 47.12 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; am. (3),
Register, May, 1994, No. 461, eff. 6-1-94; renum. (3) and (4) to be (4) and (3) and am. (4),
Register, May, 1999, No. 521, eff. 6-1-99; correction in (10) was made to restore dropped copy,
Register January 2002 No. 553.
NR 47.13
NR 47.13 State program administration. The state forester shall administer the SIP program, with the advice of the committee, as required by section 19 (b) of the act.
NR 47.13 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.14(1)(1)
All nonindustrial private forest lands that are not in management under federal, state, or private financial and technical assistance programs are eligible for assistance under the program.
NR 47.14(2)
(2) Nonindustrial private forest lands that are managed under such existing programs are eligible for assistance under the program if forest management activities are expanded and enhanced and the landowner agrees to meet the requirements of the act.
NR 47.14(3)
(3) The owner of any nonindustrial private forest land which is at least 10 contiguous acres and not more than 1,000 contiguous acres may apply for a grant under this subchapter.
NR 47.14(4)
(4) An owner of more than 1,000 acres of nonindustrial private forest land is not eligible to receive cost-share funds under the program, except where the state forester, with the concurrence of the regional forester, determines that significant public benefits would accrue from approval of a landowner owning not more than 5,000 acres. In making a determination of significant public benefits, the state forester and the regional forester shall consider, at a minimum, whether the installation of practices by landowners who own more than 1,000 acres but less than 5,000 acres are necessary to achieve cost-effective resource management objectives without unduly affecting program participation of other eligible landowners.
NR 47.14 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.15
NR 47.15 Eligible practices. The following practices are eligible for grants under this subsection:
NR 47.15(1)
(1)
Sip 1. Landowner forest stewardship plan development which identifies landowner objectives and multiple resource management decisions.
NR 47.15(2)
(2)
Sip 2. Reforestation and afforestation which includes establishment or reestablishment of diverse stands of forest trees through natural regeneration, planting or direct seeding for conservation purposes and sustainable timber production.
NR 47.15(3)
(3)
Sip 3. Forest improvement which includes the improvement of forest and agroforest stand productivity, vigor and health and the value and quality of wood products.
NR 47.15(4)
(4)
Sip 4. Windbreak and hedgerow establishment, maintenance and renovation which includes the establishment, maintenance and renovation of windbreaks and hedgerows to conserve energy, protect farmsteads, livestock and crops, and reduce soil erosion.
NR 47.15(5)
(5)
Sip 5. Soil and water protection and improvement which includes the maintenance or improvement of water quality and soil productivity on forest land.
NR 47.15(6)
(6)
Sip 6. Riparian zone and wetland protection and improvement which includes the protection, restoration and improvement of wetlands and riparian areas to maintain water quality and enhance fish or wildlife habitat.
NR 47.15(7)
(7)
Sip 7. Fisheries habitat enhancement which includes the protection and enhancement of habitat for native fisheries, including resident and anadromous species, and threatened and endangered species habitat maintenance and enhancement, and management of significant natural communities or native vegetation.
NR 47.15(8)
(8)
Sip 8. Wildlife habitat enhancement which includes the establishment and enhancement of permanent habitat for game and nongame wildlife species, and threatened and endangered species habitat maintenance and enhancement, and management of significant natural communities or native vegetation.
NR 47.15(9)
(9)
Sip 9. Forest recreation enhancement which includes the enhancement of outdoor recreation activities and aesthetics.
NR 47.15 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; am. (7) and (8),
Register, May, 1994, No. 461, eff. 6-1-94.
NR 47.16(1)(1)
Grants under the program shall be used to manage the following lands under a prepared landowner forest stewardship plan:
NR 47.16(1)(a)
(a) All of the nonindustrial private forest land with existing tree cover within a contiguous tract; and
NR 47.16(1)(b)
(b) Other nonindustrial private forest land within the same contiguous tract which is identified by the landowner and approved by the department as suitable for growing trees and/or scheduled for conversion to a program practice.
NR 47.16(2)
(2) To be eligible for a grant under this program, one or more eligible practices shall be identified in the forest stewardship plan, except that a grant may be awarded for the development of a forest stewardship plan.
NR 47.16 Note
Note: See s.
NR 47.15 Eligible practices.
NR 47.16(3)
(3) Eligible costs are all those associated with the installation of a specific practice as approved by the state forester
.
NR 47.16 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.17(1)(1)
No person may use grant funds under this subchapter for any of the following:
NR 47.17(1)(a)
(a) Costs incurred before an application for grant assistance is approved;
NR 47.17(1)(b)
(b) The implementation of any practice already required by law, regulation or other authority; or
NR 47.17(1)(c)
(c) Repairs or normal upkeep or maintenance of any practice.
NR 47.17(2)
(2) Except as authorized by the forest service, grant assistance may not be paid for repeating practices on the same site by the same landowner which have been implemented under the forestry incentives program or any other federal, state or local government programs, except where the practices are repeated due to a failure of a prior practice without fault of the landowner.
NR 47.17 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.18(1)(1)
The grant shall be that percentage of the actual costs, or rates determined by the department. The maximum cost-share rate for practices described in s.
NR 47.15 shall be 75%. The rates for practices shall be established by the state forester.
NR 47.18(2)
(2) The amount of payment under the program to any one landowner may not exceed $10,000 in any fiscal year; although this limit may be lowered at the recommendation of the forest stewardship coordinating committee with concurrence of the state forester. In the case where an individual is not a sole proprietor but is a partner, corporate shareholder or has an ownership interest in another private legal entity, the amount of payment to the individual shall be equivalent to the percentage of ownership the individual holds in the partnership, corporation or other private legal entity times the payment made to the partnership, corporation or other legal entity.
NR 47.18(3)
(3) Grant payments may not exceed 100% of cost paid by the SIP applicant to carry out a practice.
NR 47.18(4)
(4) The grant shall be paid to the applicant by the Kansas City treasury, regional dispersing office, P O Box 3329, Kansas City, KS 66103.
NR 47.18 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; r. and recr. (1), am. (4),
Register, May, 1994, No. 461, eff. 6-1-94; am. (2),
Register, May, 1999, No. 521, eff. 6-1-99.
NR 47.19
NR 47.19 Grant selection system. In selecting practices for grant assistance, the department shall give preference to practices which are directed to accomplish one or more of the following:
NR 47.19(1)
(1) Provide protection of soil and water resources.
NR 47.19(2)
(2) Include additional land under written forest stewardship management plans.
NR 47.19(3)
(3) Provide riparian zone and wetlands protection.
NR 47.19(4)
(4) Provide wildlife or fisheries habitat enhancement, or both.
NR 47.19(5)
(5) Establish, maintain or renovate windbreaks or hedgerows.
NR 47.19(6)
(6) Establish or reestablish forests through various methods of regeneration, including planting, direct seeding or natural regeneration.
NR 47.19(7)
(7) Improve forest stand productivity, stand vigor, forest health, and the value and quality of wood products.
NR 47.19(9)
(9) Provide endangered species habitat enhancement and natural community habitat maintenance and enhancement.
NR 47.19 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; cr. (9),
Register, May, 1994, No. 461, eff. 6-1-94.
NR 47.20
NR 47.20 Application and approval. NR 47.20(1)(1)
A landowner wishing to participate in the program shall apply at the FSA office for the county in which the land is located, on FSA forms.
NR 47.20(2)
(2) The state forester shall make basic eligibility determinations, including whether the applicant meets nonindustrial private forest land ownership criteria and minimum and maximum acreage criteria, and the landowner shall be notified of the determination in writing.
NR 47.20(3)
(3) The department shall review applications to determine practice eligibility, based on the following:
NR 47.20(3)(a)
(a) Verification that the landowner has an approved landowner forest stewardship plan.
