If the governor or the United States department of
agriculture declares a drought emergency, the grass cover on lands included in
the program may be released to a qualified participant for haying or grazing
with the authorization of and under the terms prescribed by the commissioner as
provided in subsection 4 of North Dakota Century Code section
61-31-05.
1. A written request to open program lands
for haying or grazing must be submitted to the commissioner by the
participant.
2. The release date
must be determined by the commissioner of agriculture with the approval of the
state game and fish director. Under no circumstances shall emergency haying or
grazing be allowed prior to July fifth.
3. Notice of approval of the request to hay
or graze a waterbank tract and the conditions to do so must be mailed to the
participant.
4. Conditions shall
include, but are not limited to, the following: date on which entry can be made
on the land and date by which all hay, machinery, or livestock must be removed
from the tract; the amount and date by which, or how payment is to be submitted
to the commissioner's office; the date on which the tract will be open to
haying or grazing, or both. The payment for hay or grass may be deducted from
the next waterbank payment, provided it is not the last year of the contract
period.
Notes
N.D. Admin Code 7-08-01-10
Effective August 1,
1987; amended effective February 1, 1988; May 1,1990; October 1,
1993.
General Authority: NDCC
61-31-01
Law Implemented: NDCC
61-31-05