The Twin Platte Natural Resources District Board of Directors meeting was held at the United Nebraska Bank Center Meeting Room, Second Floor, West Wing, 111 South Dewey Street, North Platte, Nebraska on November 12, 1998. The meeting was called to order by Mr. Boyer at 7:37 p.m. CST (6:37 p.m. MST). A legal notice of the meeting was published in the NORTH PLATTE TELEGRAPH. A news release containing the agenda for the meeting and including the time and place was sent to the news media in the District.

BOARD MEMBERS PRESENT	BOARD MEMBERS ABSENT & EXCUSED	NRCS PERS PRESENT
Kent Boyer	Todd Kramer	Mary Reece, Dist Cons
Dave Cotton	Roric Paulman
James Meismer		OTHERS PRESENT
Jim Rubenthaler
Douglas Stack	BOARD MEMBERS	STAFF PRESENT
Frank Svoboda	ABSENT	Kent O Miller, Gen Mgr
Tim Thompson	Robert Fear	Bill Carhart, Range P Coor

Directors Notebooks Containing Information Items Available for Handout - Mr. Boyer reported that each Director has a notebook containing information items that are available for handouts for others attending the meeting. Mr. Boyer reported that the handouts are on a table at the back of the room.

Documents for Review Prior to Action Scheduled Later on the Agenda - Mr. Boyer reported that a booklet of the USDA Natural Resources Conservation Service Applications for the Environmental Quality Incentive Program was available for information, that the booklet would be passed around the Board table for review by each member of the Board of Directors present, and that later in the meeting the Applications for the Environmental Quality Incentive Program would be considered for approval.

Mr. Miller reported that the District had received a thank you from the Don Johnson family for the Grassland Conservation Award they had received from the District and he passed the thank you around the Board table for information.

None presented.

No report presented.

Minutes for October 8, 1998 Meeting - Mr. Boyer reported that the Minutes were in the Directors' packet, and he asked if there were corrections or additions to the Minutes.

Mr. Meismer moved that the Minutes of the October 8, 1998 Board of Directors meeting be approved. Mr. Svoboda seconded the motion, and it carried. (Motion #1)
AYE: Boyer, Meismer, Rubenthaler, Stack, Svoboda
NAY: None
ABSTAIN: Cotton, Thompson
ABSENT: Fear, Kramer, Paulman

USDA Natural Resources Conservation Service -

Monthly Report - Mrs. Reece reported that in the Directors' Packet for information was a narrative report prepared by her and she reviewed her report.

Programs -

Environmental Quality Incentive Program -

Reports - No report presented.

Applications - Mr. Boyer reported that the booklet containing the Applications for the Environmental Quality Incentive Program had been reviewed by each member of the Board of Directors present.

Mr. Meismer moved to approve the following Applications for the Environmental Quality Incentive Program:

Name	Acres
Martin & Karen Flaming (Revision)	227.9
Thomas G. Jehorek (Revision)	143.0
Thomas G. Jehorek (Revision)	143.0
Richard Van Velson (Revision)	157.0

and to authorize the General Manager to sign each Application as the District representative. Mr. Thompson seconded the motion and it carried. (Motion #2)
AYE: Boyer, Cotton, Meismer, Rubenthaler, Stack,Svoboda, Thompson
NAY: None
ABSENT: Fear, Kramer, Paulman

Conservation Reserve Program -

Reports - Mrs. Reece reported that in the Directors' notebook and available as a handout for information was a news release for the continuous Conservation Reserve Program options and she reported on the program.

Conservation Plans - No report presented.

Highly Erodible Lands Requirements -

Reports - Mr. Miller reported that in the Directors' notebook and available as a handout for information were the October listings of completed Highly Erodible Lands determinations.

Conservation Plans - No report presented.

Wildlife Habitat Incentives Program - No report presented.

USDA Farm Service Agency - Mr. Miller reported that in the Directors' notebook and available as a handout for information was the Lincoln & McPherson Counties Farm Service Agency newsletter dated October 26, 1998.

Nebraska Board of Educational Lands and Funds - No report presented.

Nebraska Natural Resources Commission -

Meetings - Mr. Miller reported that in the Directors' notebook and available as a handout for information were the minutes for the Nebraska Natural Resources Commissions' September 29, 1998 meeting.

National Association of Conservation Districts -

Miscellaneous Information - Mr. Miller reported that in the Directors' notebook and available as a handout for information was the National Association of Conservation Districts newsletter titled "Tuesday Letter" Fall 1998 edition and information for the National Association of Conservation Districts 53rd Annual Meeting January 31 - February 4, 1999.

Dues - Mr. Miller reported that in the Directors' packet for information was a request for payment of dues to the National Association of Conservation Districts for 1998, the invoice to the District with the 1998 Quota Calculation Worksheet with the quota for the District of $1,500.00 and information the District requested in 1996 in regard to the Board’s consideration of membership. Mr. Miller reported that the District has not paid dues to the National Association of Conservation Districts since 1995.

No action was taken to authorize the payment of dues to the National Association of Conservation Districts for 1998.

Other Agencies -

Nebraska Department of Water Resources - Mr. Miller reported that in the Directors' notebook and available as a handout for information was the Nebraska Department of Water Resources newsletter for Fall, 1998.

University of Nebraska-Lincoln Water Center - Mr. Miller reported that in the Directors' notebook and available as a handout for information was the University of Nebraska-Lincoln Water Center’s newsletter for October, 1998.

Central Nebraska Public Power & Irrigation District - Mr. Miller reported that in the Directors' notebook and available as a handout for information was the Central Nebraska Public Power & Irrigation District's newsletter for September/October, 1998.

National Water Resources Association - Mr. Miller reported that in the Directors' notebook and available as a handout for information was the National Water Resources Association’s Ground Water Report for October, 1998.

Land Resources Subcommittee - No report presented.

Water Resources Subcommittee - No report presented.

Wildlife Habitat & Urban Affairs Subcommittee - Mr. Miller reported that the minutes for the September 10, 1998 meeting of the Subcommittee were in the Directors’ packet for information.

Policies Review - Mr. Miller reported that per the direction of the previous Board of Directors Chairperson, Bob Petersen, the Subcommittees have been reviewing the District's policies and the District's current policies will be placed in three policies manuals titled Operating Policies, Programs Policies and Personnel Policies. Mr. Miller reported that the Operating Policies and the Personnel Policies review has been completed and the policies manuals for the Operating Policies and the Personnel Policies have been approved by the Board of Directors. Mr. Miller reported that for the Programs Policies manual, the Land Resources Subcommittee, the Water Resources Subcommittee and the Wildlife Habitat & Urban Affairs Subcommittee are reviewing the current policies for the programs for which the subcommittee is responsible and when a subcommittee completes their review, the policies, in the new format, are taken to the Board of Directors for approval. Mr. Miller reported that the Wildlife Habitat & Urban Affairs Subcommittee is to review the Wildlife Habitat Programs policies, the Tree Programs (Urban Forestry Program) policies and Information & Education Programs policies.

Wildlife Habitat Programs Policies - Mr. Miller reported that the Subcommittee, on September 10, 1998, reviewed Draft #2 for the Wildlife Habitat Programs Policies. Mr. Miller reported that the Subcommittee had directed him to prepare a third draft for the Wildlife Habitat Programs Policies and that the Subcommittee agreed to recommend to the Board of Directors Draft #3 of the Wildlife Habitat Programs Policies and to present the Subcommittee's recommendation to the Board of Directors during the October 8, 1998 Board meeting. Mr. Miller reported that the District’s legal counsel, Jess Nielsen, had reviewed Draft #3 of the Wildlife Habitat Programs Policies and that for Wildlife Habitat Program Policy Number 1: Wildlife Habitat Improvement Program, he was concerned that requiring public access for contracts for accretion land and not requiring public access for contracts for all other land may be discrimination. Mr. Miller reported that the Board of Directors during the October 8, 1998 Board meeting agreed, that since the Directors who were members of the Wildlife Habitat & Urban Affairs Subcommittee when the recommendation was developed in regard to public access were absent, to delay action to approve Draft #3 of the Wildlife Habitat Programs Policies to the November 12, 1998 Board meeting to allow the members of the Wildlife Habitat & Urban Affairs Subcommittee to report on the recommendation in regard to public access. Mr. Miller reported that Draft #3 of the Wildlife Habitat Programs Policies was in the Directors’ packet for information.

Mr. Stack moved to approve Draft #3 of the Wildlife Habitat Programs Policies as presented to the Board of Directors with the following revisions (Additions are underlined and deletions been italicized):

• D. Public Access is required for contracts for accretion land. Public Access is not required for contracts for all other land. Cooperators will be paid an additional $2.50/acre/year if the available public access option is selected.
• D. Accretion Lands - Accretion lands will only not be considered for inclusion in the Program if the "Public Access Option" is part of the contract on such lands.
  

Mr. Meismer seconded the motion. (Motion #3)

Mr. Stack moved to amend Motion #3 with the following revisions (Additions are underlined and deletions have been italicized):

D. Accretion Lands - Accretion lands will only not be considered for inclusion in the Program if the "Public Access Option" is part of the contract on such lands.

Mr. Meismer seconded the motion and it carried. (Motion #4)
AYE: Boyer, Cotton, Meismer, Rubenthaler, Stack, Svoboda,Thompson
NAY: None
ABSENT: Fear, Kramer, Paulman

Motion #3 as amended carried. (Additions are underlined and deletions have been italicized):

Wildlife Habitat Programs Policy Number 1: WILDLIFE HABITAT IMPROVEMENT PROGRAM

AGREEMENTS
* Nebraska Game and Parks Commission An agreement between the Nebraska Game and Parks Commission shall be approved by the Board of Directors and shall be kept on file in the District's offices.

PROGRAM
Purpose
The primary purpose of the cost-sharing program is to create new wildlife habitat or to enhance and improve existing habitat through cooperative contracts with owners and/or cooperators of private lands hereinafter referred to as cooperators. An on-going part of the program will be the careful scrutiny by District personnel and Commission wildlife management personnel to assure that individual habitat improvement sites, the wildlife practices they are enrolled in and are receiving reimbursements on, are actually benefiting wildlife to a degree commensurate with payments being made.

It is emphasized that these practices are being aimed at managing wildlife production habitat. Therefore, the matter of wildlife harvest and hunter access remains, as it has in the past, a matter of landowner decision. Public access will be on the basis of the user obtaining proper permission as on other private lands unless the cooperator accepts the Program's "Public Access Option", which does not require permission to enter such areas.

General Rules

A. Use and Management of Contracted Lands - At the discretion of the owner, contracted lands may be used for environmental studies or on-foot recreation excluding any clearing of vegetation or placement of any permanent structure. Fruits and nuts may be harvested by hand. All other grazing, haying or other harvest measures are prohibited unless stated as acceptable in the specific practice. Weeds shall be controlled as required by noxious weed law, but control must be accomplished without destruction of wildlife cover. Tracts heavily infested with noxious weeds should not be contracted. All other use activities are prohibited on contracted lands unless provided in the individual cooperator contract. No exceptions to the above are provided for drought emergencies.

B. Rounding Acreage Figures - For purposes of calculating payments, the total acreage for any one practice in the contract will be rounded to the nearest whole acre.

C. Maximum Annual Payment to One Cooperator - The maximum annual payment to any one cooperator for all contracts is $2,500.

D. Habitat Improvement Materials - Habitat improvement materials required for management of contracted lands shall meet technical standards of the district. Depending upon the practice and site, such materials will include seed, tree and shrub seedlings, water conservation mulch and/or fencing material. Fencing, where required for the purpose of excluding livestock, will be constructed in accordance with technical standards of the District with the exception that electric fence may be used where applicable on Practices I, II, and III but will not be paid for out of the Wildlife Habitat Improvement Program.

E. Maximum Acreage's Per Cooperator or Farm - Where the maximum acreage for one practice is reached by one cooperator in one year, the cooperator may contract for additional acres in the following year, provided that the maximum annual payment for one cooperator (Rule C) is not exceeded.

F. Forfeiture of Payment for Non-Compliance with Provisions - Should a cooperator fail to comply with any provision of this program or an effective contract under this program, forfeiture of one or more payments, or portions of such payments may be required by joint agreement of the District and the Commission.

G. Change of Ownership or Farm Plan - A change of ownership of any contracted land shall release the cooperator. It is desired that the new owner will continue the practices, under a new contract, for a period at least equaling the remaining years of the original contract. Should a cooperator wish to be released from the contract due to changes in the farm or ranch operation, the District will determine an appropriate repayment, if any is needed, to provide a fair settlement.

H. Lands That Do Not Qualify for Contract - Public lands and lands within the corporate limits of municipalities do not qualify for any contract or payment. Lands within 200 yards of an inhabited dwelling or established feedlot shall not qualify for public access payments.

I. Funding Limitations - In the event that adequate funds are not available from the Nebraska Game and Parks Commission to fund the program, the Twin Platte Natural Resources District will at its option either terminate selected contracts to ensure full funding for the remaining contracts in force or reduce all contract payments in direct proportion to the reduced level of funding.

J. Preference for Public Access - Regardless of the date a WHIP application is received, the District will give preference to sites where there will be participation in the "Public Access Option" of the program, while remaining operational guidelines are followed.

K. Inspection - All tracts shall be inspected by a representative of the Twin Platte Natural Resources District and/or Game and Parks Commission prior to issuance of a contract. The District and/or the Commission shall make the final determination as to whether or not the land is eligible for a contract. All tracts under contract shall be inspected at least once a year to determine if lands are being managed in accordance with contract requirements. The cooperator shall be notified immediately if the land is not found to be in compliance.

DISTRICT PROVISIONS
Guidelines

A. The Commission and the District may attempt to recover funds when there is non-compliance.

B. No cooperator may participate in the program if participating in any other local, State or Federal program on the same tract of land except for cost- share on tree and shrub replants when the contracted site is no longer eligible for Wildlife Habitat Improvement Program replants on the same tract of land. A non-government organization may assist program cooperators with habitat enhancement on contracted program sites with prior approval of the District and the Commission.

C. Priority on new applications versus renewals.

D. Public Access is required for contracts for accretion land. Public Access is not required for contracts for all other land. Cooperators will be paid an additional $2.50/acre/year if the available public access option is selected.

E. Five-year option on grass seedlings on ten-year contracts.

F. A minimum of 200 trees per site is required for qualification in the improvement of existing habitat for Practice III.

G. Cooperators will not charge or collect any fees involving the use of WHIP lands for as long as the site has an active contract in the program.

H. All program restrictions/requirements apply. Failure to comply with the terms of the contract will be cause for reimbursement of all cost-share payments received.

Procedures

A. Application Period - Applications may be submitted at any time. A period of 3 calendar months after each annual Program allocation is the primary time in which the Program is promoted. The last working day of the third month will be the deadline for the District office to receive applications for the next calendar year's program unless WHIP funds remain after all applications have been processed. If funds remain, the District may solicit more applications in an attempt to make use of the remaining WHIP funds for that fiscal year.

B. Land Use Classification - Applications will be classified into those that involve primarily rangeland and those that involve primarily farmland. Applications that fall into the above categories and which meet all other requirements of the Wildlife Habitat Improvement Program practices being applied for will then be taken on a first-come, first-served basis with half of those selected being rangeland applications and half being farmland practices. The District will establish and maintain a map showing the boundaries of the primarily rangeland areas and the primarily farmland areas within the District.

C. Filing Period for Applications - Applications will be held in current enrollment status for a 3-year period which begins July 1st of the year in which the applicant first applies. After this 3-year period, a prospective landowner must re-apply for inclusion in the Wildlife Habitat Improvement Program.

DE. Priorities for Practices - Priorities for practices available in the District's program will be given first to Practice I - Establishing Permanent Habitat for Wildlife on Existing Cropland; second to Practice II - Permanent Wetlands Enhancement for Type 3, 4 and 5 Wetlands; and third to Practice III - Improvement of Existing Wildlife Habitat.

EF. Cost-Share for Materials - The cost-share rates for materials will be at the same rate as the Natural Resources Conservation Service and/or the Nebraska Soil and Water Conservation Program cost-share rates within the District.

FG. Tree and Shrub Replants - Tree and shrub replants may be provided with Wildlife Habitat Improvement Program funds during one of the first three years the site is in the program, and for Practices I, II and III, Wildlife Habitat Improvement Program funds will provide cost-share for replants of 100% of the cost of the trees and no funds for the cost of the planting, and for Practice IV, Wildlife Habitat Improvement Program funds will provide cost-share for replants of 100% of the cost of the trees and planting. The vendor providing the planting service shall obtain payment for the planting from the cooperator for sites with Practices I, II and III and from the District for sites with Practice IV.

GH. Response to Noncompliance -


1. The District Board of Directors will be notified at the next regularly scheduled Board meeting of the noncompliance circumstances and whether or not the cooperator plans to return to compliance and what penalties are to be imposed.

2. The cooperator will be notified immediately upon discovery of noncompliance.

3. The District and Commission will determine:

   a. Options for cooperator to return to compliance.

   b. Penalties for cooperator remaining out of compliance.

4. If cooperator is unable or unwilling to immediately come into compliance, the District will send a letter to the cooperator with the following information:

a. Date the noncompliance was discovered.

b. Type of noncompliance and where it is addressed in the contract or program booklet.

c. Options available for cooperator to minimize penalties and deadlines for implementation.

d. Potential penalties for noncompliance:

1. Forfeiture of one or more annual payments or portions of such payments.

2. Contract cancellation.

3. Full or partial repayment of habitat materials cost.

e. Date by which response to District is expected - within 10 days.