State Technical Meeting

Wednesday, June 12, 2013

1

Don PettitState Conservationist

Updates

2

Slide 3

National Water Quality Initiative (NWQI)

Tammy WillisASTC-Programs

National Water Quality Initiative cont.

• Chautauqua Lake (New Watersheds)

1. Big Inlet - 0501000202022. Prendergast Creek -

0501000202033. Goose Creek – 050100020205

FY 2013 NWQI funding $282,599

Slide 4

Slide 5

Goose Creek

Prendergast Creek

Big Inlet Creek

Wetlands Reserve Program (WRP)

Peter Gibbs Easement Program Manager

6

WRP Easements:

What size makes sense?

Slide 7

984

Easements

• Largest easement = 1608 ac

• Smallest easement = .50 ac Slide 8

Average Easement = 51 acres50,574 (total ac) divided by 984 easements

• 0 –10 ac = 161

• 11-25 ac = 274

• 26 –50 ac = 249

• 51–100 ac = 178

Slide 9

• 51–100 ac = 178

• 101–250 ac

= 108

• 251– 500 ac = 14

• 500 + ac  = 3

Breakdown of easements by size range and number

What is the value• Admin Time

– Title Commitment and Closing Costs ………...the same regardless of the size

• FO Time– Application compilation, restoration,

monitoring

• Long Term Monitoring and Management– Development pressure, encroachment

Slide 10

Determine Defensible

Minimum Acreage/s

That allow us to meet WRP Goals

Slide 11

One Size Does Not Fit All• Priority Areas:

St. Lawrence Valley

Canastota Mucks

• Threatened and Endangered Species:

Bog Turtle

• Other considerations: Slide 12

• Confer with Neighboring States

– Pennsylvania

– Massachusetts

– Maine

– New Hampshire Slide 13

Convene the Technical Sub-Committee

• NRCS

• DEC

• ESF

Slide 14

• USFWS

• DU

• Others

Roll Out For

FY 2014

Slide 15

Questions ?

Slide 16

Cancellations and Terminations

Chanda LindsayConservation Program Contract

(CPC) 512 Program Policy

17

A Conservation Program Contract (CPC) may be either cancelled by both parties or terminated

for cause by NRCS.

Cancellations and Terminations

18

Justification for Cancellation:

Natural disasters preventing completion Documented hardships

Death or major illness Bankruptcy or loss of financing Involuntary loss of control of land Destruction of building, equipment, crops/livestock

through fire or theft Extreme losses due to pests/disease Military service

19

Cancellations:

• Equitable Remedy• Requested by the participant• Must be substantiated• Preexisting conditions do not qualify• Cost Recovery may occur• Liquidated Damages will NOT be assessed

20

Justification for Terminations:

• Becoming ineligible• Voluntary loss of control of property with no

successor in interest• Having violated contract terms/conditions and

failed to correct/comply within reasonable time• Failing to install, operate, or maintain practices• Posing a health or safety threat to NRCS

employees• Misrepresenting/scheme or device/fraud

21

Termination:

• Adverse decision resulting from a material breach of Conservation Program Contract

• NRCS has a process to follow up with cases of non-compliance

• Cost Recovery of financial assistance (practice) payments may occur if justified- up to the entire value of what has been paid out

• Liquidated Damages may be assessed (10% of original contract value)- for costs associated with the administration of the breached contract

22

Cancellations and Terminations Fiscal Year 2012:

• 79 Cancellations/Terminations Processed – $1,467,449.45 returned – Cost Recovery of $951 from participants

23

Cancellations and Terminations - Fiscal Year 2012:

Agricultural Management Program (AMA)

• 5 Cancellations Processed – $19,869 returned

• 0 Terminations Processed

24

Cancellations and Terminations - Fiscal Year 2012:

Chesapeake Bay Restoration Initiative (CBWI)

• 1 Cancellation Processed – $126,702 returned

• 0 Terminations Processed

25

Cancellations and Terminations - Fiscal Year 2012:

Conservation Stewardship Program (CSP)

• 5 Cancellations Processed – $33,544 returned– Cost Recovery of $951

• 2 Terminations Processed– $469 returned

26

Cancellations and Terminations - Fiscal Year 2012:

Wildlife Habitat Initiative Program (WHIP)

• 13 Cancellations Processed – $19,230 returned

• 1 Termination Processed– $14,400 returned

27

Cancellations and Terminations - Fiscal Year 2012:

Environmental Quality Initiative Program (EQIP)

• 47 Cancellations Processed – $1,112,1147.45 returned

• 5 Terminations Processed– $87,175 returned

28

Cost Recovery and Termination Consideration

29

Considerations for Cost Recovery Amount

• Level of effort to comply with the contract in good faith

• Extent to which economic or personal hardship is applicable

30

Cost Recovery considerations for practices not implemented

• Impact of unapplied practices on applied practices

• Will failure to perform the remaining practices impair the effectiveness of those practices already performed.

• Extent of benefits from applied practices• Willingness to operate and maintain applied

practices• Does the landowner still have control of the

land 31

Other CR Considerations

• Has NRCS provided an appropriate amount and type of TA?

• Have reviews and follow-ups occurred?

• Has participant been notified by mail that practices are behind schedule?

• What was the quality of NRCS TA?

32

The State Conservationist makes the final decision on all Cancellation and

Termination requests.

33

Questions ?

Slide 34

LUNCH TIME11:30am to 12:30pm

Slide 35

“The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD)."

36