Common use of THEN Clause in Contracts

THEN. The State Forester has information that indicates a practice may not be eligible. The State Forester will prepare an AD-862 showing whether the practice is needed and describe the eligibility in writing. A case involving a question of eligibility of State Forester's technical responsibility cannot be resolved. The State Conservationist will make the final determination. f Unfavorable Determinations If an unfavorable determination is made, the State Forester will enter a statement to that effect, including the reasons, on AD-862. The State Forester should also explain the basis for the unfavorable determination to the applicant and be available if there is an appeal. The State Conservationist will also promptly notify the applicant in writing as to: The reason that the practice was not approved. The right to appeal the determination. (See CPM, Section 520.51 and CPM Part 510, Subparts A, C, D, F and G). [M_440_520_C_20 - First Edition Amendment 5 - September 2006] 520.21 Waiver of the 1,000-Acre Size Limitation 520.21 Waiver of the 1,000-Acre Size Limitation a Waiver Authority The maximum eligible ownership under FIP may be waived by the State Conservationist, with the State Forester's concurrence. b Criteria Xxxxxx requests will be allowed for owner(s) of more than 1,000 acres, who after practice completion, own more than 1,000 acres but not more than 5,000 acres of eligible and suitable land. These waivers may be granted if significant benefits to the public will be achieved. Significant public benefits are primarily those resulting from cost-effective timber production with related benefits to aesthetics, recreation, wildlife habitat, watershed protection, and erosion reduction. c Waiver Documentation Documentation will include the proposed forest management actions, including proposed practice acreage and an assessment of environmental impacts and public benefits that will result from installing the practice. Send the Regional Conservationist an informational copy of the State Conservationist's letter approving the waiver. Include the participant's name, total acres, total NIPF acres capable of producing at least 50 cubic feet of wood per acre per year, and acres waived.