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Grassland LIP: Application and Instructions

Attention: Deadline for Applications: August 1, 2009. Applications must be post-marked by that date to be considered eligible. .

Purpose

The Landowner Incentive Program for Grassland Protection and Management is a grant program administered by the New York State Department of Environmental Conservation (DEC) and funded in part by the U.S. Fish and Wildlife Service (USFWS). This project encourages private landowner participation in habitat management and protection by providing technical advice and financial incentives for the protection of at-risk wildlife and habitats, specifically grassland birds and their habitat. To help achieve this purpose, DEC has teamed up with Audubon New York, a recognized authority in ornithology and habitat conservation.

DEC biologists and Audubon NY ornithologists have determined that grassland birds are a key statewide conservation focus. Because the vast majority of grassland habitat is privately owned, involving private landowners is the best way to ensure viable populations and long-term survival of grassland birds. This is also the most cost-effective way of protecting at-risk species, because it doesn't require the state to purchase and manage extensive land parcels.

If you are an eligible private landowner and are selected to receive a grant, DEC and Audubon NY will provide you with technical assistance in the form of a Site-Management Plan.

What is a Site-Management Plan (SMP)?

A SMP is a document that details management activities that a landowner must perform on the proposed project site. A draft management plan will be prepared by Audubon NY, only after the Department has completed Stage I of the pre-application review process and whereby the project scores high enough to move forward to the Stage II application review process. If a project proposal is selected to receive funding, the SMP will be finalized between the landowner and DEC and will be included in a State assistance contract. The SMP provides the landowner with clear instructions for management and the DEC with a way to track and evaluate the progress of a project. State assistance contract payments will be provided to a landowner only after applicable management of the SMP is verified by DEC or its representative(s).

What kind of activities will enrolled landowners need to perform ?

Enrolled landowners will need to manage their land to benefit grassland birds. Required management will include not mowing the enrolled grassland between April 23 and August 15 (the nesting season), mowing a portion of the grassland after the nesting season, and removing some shrubs, trees, and hedgerows. In addition, some seeding may be needed. Activities that will not be compatible with this program are high density/short-rotation grazing; production of row crops on enrolled acres; wind energy production on enrolled acreage; and excessive disturbances such as frequent motorized vehicle use or loud noises, such as fireworks. Hunting and trapping game are generally compatible with grassland bird management. All management requirements will be specified in the final Site Management Plan.

How do I apply?

First, read the section on "Who is Eligible to Apply" below to make sure that you are eligible. To apply, fill out a pre-application form (see link in column to right side of page) and submit it to DEC before the deadline. Application forms and instruction booklets will also be available at soil and water conservation district offices and DEC offices, as well as county and town clerk's offices located within the focus areas. A printed instruction booklet and application are available for eligible landowners upon request by calling (518) 402-8910 or by e-mail at F&WLIP@gw.dec.state.ny.us

Ecological and Geographical Focus

Financial assistance is currently available for the protection and management of grassland habitat on private land. The geographical range of the program is limited to grasslands within the focus areas.

Funding Source

DEC has approximately $300,000 remaining of funds received from the Department of the Interior, United States Fish and Wildlife Service for the administration of grants to private landowners for the protection of grassland birds and their habitat.

Who is eligible to apply?

To be eligible to apply for financial assistance, an applicant must be a Private Landowner and must own at least ten acres of contiguous grassland (or shrubland the landowner is willing to convert to grassland) located within one of the Grassland Focus Areas. Private landowners having appropriate habitat on appropriate properties located just outside but contiguous to a focus area will be generally eligible to apply for grant funding under this project.

Private Landowner - is defined as and includes particular persons, non-governmental organizations, commercial corporations, and land trusts. If you are a Not-For-Profit (NFP) organization, you must submit proof of your designated Internal Revenue tax status under Internal Revenue Code 501 (c)(3) with your pre-application.

Private Land - is defined as any non-government owned land.

Is there a minimum acreage requirement ?

Unbroken or connected grassland parcels ten acres and greater in size are eligible for funding. Scientific research has shown that grassland birds need large, open, and uninterrupted habitat patches to thrive. Parcels over 25 acres in size will receive priority points in DEC's project evaluation and scoring process. DEC's established project evaluation and scoring process is required to determine the best selection of eligible projects for funding.

Who is not eligible to apply?

Municipal agencies at all levels of government (federal, state, county, town, city, etc.) and any type of government-owned land is excluded from filing a pre-application under this program. Land already enrolled in similar incentives (e.g. USDA Farm Bill programs) are not eligible for funding under this project. DEC employees and their immediate families are not eligible to apply for funding. Former DEC employees are not eligible to apply for funding within two years of leaving DEC employment.

Is there a minimum or maximum grant amount?

Grant amounts are based on the acreage of habitat accepted and enrolled into the program. The minimum grant amount corresponds to ten acres, at a rate of $55/acre, paid over five years, or $ 2,750. Large parcels of high quality habitat are most desirable for species conservation.

How will selected landowners receive State assistance payments?

A landowner will receive annual payments only after performing the activities specified for that year in the final SMP, and after a State representative has verified through an on-site inspection that the SMP tasks and activities have been completed.

What determines project payment rates?

DEC has calculated payment rates by evaluating the highest and best agricultural use for eligible properties, determined to be corn production. This is a standard method of evaluating fair property rental rates for conservation, and has been approved by the United States Fish and Wildlife Service. Private landowners that are selected to receive financial assistance under this project will be compensated at the rate of $55 or $60 per acre per year to conduct the prescribed site management. The higher rate will be applied for parcels of land located within 25 miles of large urban areas (population of more than 100,000), reflecting higher soil rental rates near population centers.

Is there a landowner match requirement?

Yes, however, the payment rates described above have a 25 percent reduction factored in the form of reduced land-rental rates. This 25 percent reduction fully accounts for the landowner's match requirement.

Are project state-assistance contract payments taxable?

Yes, state assistance payments are taxable. The State Department of Taxation and Finance will send you a 1099 form for moneys you receive from this grant project. Landowners are advised to consult their tax advisor or accountant to determine their individual tax liability.

What is the project funding period?

Applicants selected to receive grant funding will be required to enter into a State Assistance Contract that will carry a term of five years.

How will landowners be notified of a grant award?

If your proposal scores high enough to be selected to receive a grant award, you will receive an official award letter from the Commissioner of the New York State Department of Environmental Conservation, notifying you of a grant award. Shortly thereafter, DEC will send you a State-Assistance Contract that will include a final SMP and a contract payment schedule. You will be required to sign and return the contract to DEC for final approval and processing.

Are there other Program requirements that need to be met?

The following eligibility criteria apply to all applicants:

  • Land must be privately owned. Landowners will be required to provide proof of ownership in the form of a deed if the proposal scores high enough to be further reviewed under the Stage 2 evaluation process.
  • Property must be located in one of the Grassland Focus Areas. Properties that have appropriate habitat and are contiguous but just outside of a focus area generally will be considered eligible.
    • The focus areas include portions of the following counties:
    • Allegany, Cayuga, Chemung, Clinton, Cortland, Erie, Essex, Franklin, Fulton, Genesee, Herkimer, Jefferson, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Otsego, Saratoga, Schoharie, Schuyler, Seneca, St. Lawrence, Steuben, Suffolk, Tompkins, Ulster, Washington, Warren, Wayne, Wyoming and Yates
  • Acres of land already enrolled in similar incentives (e.g. Conservation Reserve Program and other USDA Farm Bill programs) are not eligible for reimbursement under this project. However, landowners may be enrolled in more than one program as long as different parcels are committed to each.
  • Landowners must be willing to enter into a State Assistance Contract that will carry a five-year term and must perform all the activities identified in the final SMP contained in that contract. Prior to enrollment, landowners will also need to sign a Memorandum of Agreement that will be filed at the corresponding County Clerk's office to indicate that the property is enrolled in a five-year habitat protection program.
  • Landowners must allow DEC staff or their representatives to enter the eligible property at reasonable hours and after notification.
  • All not-for-profit (NFP) organizations must include their Federal Employer ID number and New York State Charities registration number with their pre-application. A NFP must also submit a Resolution of Support identifying the person authorized on behalf of the organization to submit an application and sign legal documents. This person will receive official notification from DEC about decisions regarding the NFP pre-application.
  • Once a proposal has been selected for funding, DEC will notify the landowner of the need to provide the information necessary to complete the State Assistance Contract. Landowners may be required to submit, within 30 business days of receipt of such notice, the following items:
    • Vendor Responsibility Questionnaire (grant awards $100,000 or more)
    • A formal NY State Assistance Contract (including a Site Management Plan, a term effective date, Appendix A - standard State Clauses and Appendix B - Department Clauses), subject to all appropriate State rules, regulations, and reporting requirements.