Section 47.21. Payment to landowners.

 

(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.

(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.

(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) .

(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:

(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

(b) The landowner establishes to the satisfaction of the department that:

1. A reasonable effort was made to meet the minimum requirements; and

2. The practice, as performed, adequately meets the objectives of the landowner forest stewardship plan.

(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.

(6)  The minimum length of time a landowner shall be required to maintain a practice is 10 years.

(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.

(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.

(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.

(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.

Cr. Register, August, 1992, No. 440 , eff. 9-1-92; am. (2), Register, May, 1994, No. 461 , eff. 6-1-94.

Note

For instance, one component of tree planting is site preparation; another component is the planting of the trees. Microsoft Windows NT 6.1.7601 Service Pack 1