25 Neb. Admin. Code, ch. 4, § 008

Current through September 17, 2024

Section 25-4-008 - Contractual Requirements Between NRD and Applicant

Following the acceptance of any application for buffer strip reimbursement, the applicant shall enter into a contractual agreement with the local NRD. Such contract shall, at a minimum, include:

008.01 The adoption of the buffer strip application as part of the agreement

008.02 The mailing address or financial institution necessary to make payments to the applicant under the agreement.

008.03 Establishment requirements, grazing, haying and operation and maintenance requirements according to the technical requirements set forth in section 004 of these regulations.

008.04 A statement indicating an affirmative duty on the applicant to notify the NRD if the land enrolled in the buffer strip also becomes enrolled in the CRP or any other program, or if the cropland adjacent to the buffer strip is enrolled into the CRP, CREP, or otherwise planted to grass or other vegetation, causing the adjacent field to be considered as something other than cropland.

008.05 The amount of the payment and the dates that it will be paid.

008.06 A provision indicating that throughout the term of the agreement, the applicant shall maintain the buffer strip in accordance with the Noxious Weed Control Act, the Buffer Strip Act and the rules and regulations adopted and promulgated under it, and the provisions of the agreement.

008.07 A provision indicating that early cancellation of all, or a portion, of the contract may warrant a penalty not to exceed the total of all NRD payments received under the contract to date, plus 25% of one year's payment, for the portion of the contract to be canceled.

008.08 A provision indicating that if the applicant fails to plant or maintain the buffer strip or is otherwise in violation of the agreement, all future payments under the agreement may be forfeited, the agreement may be canceled, and the applicant may be required to repay any payments previously made.

008.09 A provision indicating that if sufficient funds are no longer available under the program, the local NRD may, at its option, terminate the agreement and all future payments.

008.10 The applicant's signature and a certification that the information provided on the application and in the agreement is true and correct and that the terms and conditions of the agreement, including the penalty for violating the terms, are understood.

25 Neb. Admin. Code, ch. 4, § 008