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.
NR 47.20(4)
(4) Applications will be approved provided grant funds are available. Department approval of an application shall constitute an agreement by the state, United States and the landowner.
NR 47.20(5)
(5) Upon approval of a practice, the department shall prepare a practice outline that identifies the needed technical practices, specifications, and approximate time frames for the implementation of the practice, to achieve the objectives of the practice. The outline shall be attached to and become part of the landowner forest stewardship plan and shall be effective for the duration of the practice. The requirements in the practice outline shall constitute the basis for determining acceptable performance upon practice completion.
NR 47.20(6)
(6) Upon approval of a practice, the landowner shall be notified in writing by the FSA. The notice shall state that the landowner can begin implementing the approved practice.
NR 47.20 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; am. (1) and (6),
Register, May, 1999, No. 521, eff. 6-1-99.
NR 47.21
NR 47.21 Payment to landowners. NR 47.21(1)(1)
A landowner shall complete each practice within 18 months of approval. However, if a practice is not completed in 18 months due to conditions beyond the landowner's control, a 6 month extension period may be granted by the department.
NR 47.21(2)
(2) Upon certification by the department that a practice has been completed in accordance with specifications, the grant payment shall be calculated by the department and disbursed to the landowner by the Kansas City Treasury, Regional Dispersing Office, P O Box 3329, Kansas City, KS 66103.
NR 47.21(3)
(3) A practice may consist of one or more component activities. A landowner may receive partial payment for completed components on the condition that the landowner agrees to complete the remaining components of the practice within the time period specified by the department, not to exceed 18 months following approval to implement the practice, unless an extension is justified as provided in sub.
(1).
NR 47.21 Note
Note: For instance, one component of tree planting is site preparation; another component is the planting of the trees.
NR 47.21(4)
(4) Where performance actually rendered does not meet the minimum specifications for the practice due to factors beyond the landowner's control, the department may approve grant payment under one of the following conditions:
NR 47.21(4)(a)
(a) The landowner repeats applications of components previously implemented or establishes additional eligible components under terms and conditions the department approves to the extent that measures are needed to meet the objectives of the landowner forest stewardship plan; or
NR 47.21(4)(b)
(b) The landowner establishes to the satisfaction of the department that:
NR 47.21(4)(b)1.
1. A reasonable effort was made to meet the minimum requirements; and
NR 47.21(4)(b)2.
2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.
NR 47.21(5)
(5) Where the landowner has received grant assistance for site preparation and the establishment of trees has been unsuccessful due to factors beyond the landowner's control, the department shall require that trees be re-established and shall approve grant assistance for the activity.
NR 47.21(6)
(6) The minimum length of time a landowner shall be required to maintain a practice is 10 years.
NR 47.21(7)
(7) To be eligible to receive cost-share grants under the program, a landowner shall agree to maintain program practices for 10 years, unless otherwise specified by the forest service.
NR 47.21(8)
(8) Prior to receiving approval to implement any program practice, eligible landowners shall have a department approved landowner forest stewardship plan. If a landowner sells, conveys, or otherwise loses control of lands upon which there is a continuing obligation to maintain a practice and the new landowner does not agree to assume the responsibility for maintaining the practice, the landowner who was originally obligated to maintain the practice shall be liable to reimburse the United States for grant payments on the practices. The state forester may discount the reimbursement owed the United States by the percentage of years during which the practice has been maintained. In the case of death or incompetency of any landowner, the state forester shall approve grant payments to the successor if the successor agrees to maintain the practice for the duration of the agreement.
NR 47.21(9)
(9) Any landowner who may be entitled to any grant payment under this section may assign the right, in whole or in part, with the prior written approval of the department.
NR 47.21(10)
(10) No grant payment owed to any landowner shall be subject to any claim arising under state law by any creditor, except agencies of the United States government.
NR 47.21 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; am. (2),
Register, May, 1994, No. 461, eff. 6-1-94.
NR 47.22
NR 47.22 Reconsideration. Any landowner, successor or assignee who is dissatisfied with any determination made under the program may request reconsideration by the state forester and, if the matter is still not resolved, by the regional forester. All requests for reconsideration shall be in writing and shall contain factual information explaining the basis for requesting reconsideration. All decisions upon reconsideration shall be issued in writing.
NR 47.22 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
NR 47.23(1)(1)
If any landowner, successor or assignee uses any scheme or device to unjustly benefit from this program, the cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid that person shall be secured. A scheme or device includes, but is not limited to, coercion, fraud or misrepresentation, false claims, or any business dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this subchapter.
NR 47.23(2)
(2) If any landowner or successor takes any action or fails to take action which results in the destruction or impairment of a prescribed practice for the duration of the practice, cost-share grants shall be withheld or a refund of all or part of any program payments otherwise due or paid shall be secured.
NR 47.23(3)
(3) Nothing herein requiring the withholding or refunding of cost-share grants shall preclude any other penalty or liability otherwise imposed by law.
NR 47.23 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92.
