State Technical Meeting Wednesday, June 12, 2013

1. State Technical Meeting Wednesday, June 12, 2013

2. Don Pettit State Conservationist Updates

3. National Water Quality Initiative (NWQI) Tammy Willis ASTC-Programs

4. National Water Quality Initiative cont. • Chautauqua Lake (New Watersheds) • Big Inlet - 050100020202 • Prendergast Creek - 050100020203 • Goose Creek – 050100020205 FY 2013 NWQI funding $282,599

5. Big Inlet Creek Prendergast Creek Goose Creek

6. Wetlands Reserve Program (WRP) Peter Gibbs Easement Program Manager

7. WRP Easements: What size makes sense?

8. 984Easements • Largest easement = 1608 ac • Smallest easement = .50 ac

9. Average Easement = 51 acres50,574 (total ac) divided by 984 easements • 0 –10 ac= 161 • 11-25ac= 274 • 26 –50 ac= 249 • 51–100 ac= 178 Breakdown of easements by size range and number • 51–100 ac = 178 • 101–250 ac = 108 • 251– 500ac = 14 • 500 +ac= 3

10. 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

11. Determine Defensible Minimum Acreage/s That allow us to meet WRP Goals

12. One Size Does Not Fit All • Priority Areas: St. Lawrence Valley Canastota Mucks • Threatened and Endangered Species: Bog Turtle • Other considerations:

13. Confer with Neighboring States • Pennsylvania • Massachusetts • Maine • New Hampshire

14. Convene the Technical Sub-Committee • USFWS • DU • Others • NRCS • DEC • ESF

15. Roll Out For FY 2014

16. Questions ?

17. Cancellations and Terminations Chanda Lindsay Conservation Program Contract (CPC) 512 Program Policy

18. Cancellations and Terminations A Conservation Program Contract (CPC) may be either cancelled by both parties or terminated for cause by NRCS.

19. 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

20. 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

21. 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

22. 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

23. Cancellations and Terminations Fiscal Year 2012: • 79 Cancellations/Terminations Processed • $1,467,449.45 returned • Cost Recovery of $951 from participants

24. Cancellations and Terminations - Fiscal Year 2012: Agricultural Management Program (AMA) • 5 Cancellations Processed • $19,869 returned • 0 Terminations Processed

25. Cancellations and Terminations - Fiscal Year 2012: Chesapeake Bay Restoration Initiative (CBWI) • 1 Cancellation Processed • $126,702 returned • 0 Terminations Processed

26. 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

27. Cancellations and Terminations - Fiscal Year 2012: Wildlife Habitat Initiative Program (WHIP) • 13 Cancellations Processed • $19,230 returned • 1 Termination Processed • $14,400 returned

28. 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

29. Cost Recovery and Termination Consideration

30. 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

31. 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

32. 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?

33. The State Conservationist makes the final decision on all Cancellation and Termination requests.

34. Questions ?

35. LUNCH TIME 11:30am to 12:30pm

36. “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)."