1. (a) No equipment or implement previously purchased through the GIA program shall be sold or traded by a grantee except as follows:

   1. (1) For class 1 or 2 equipment previously purchased through the GIA program, the applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if the equipment has been in the possession of the applicant for 5 years from the date of the purchase;

   2. (2) For any equipment that was in new condition when purchased through the GIA program and not subject to (1) above, the applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if:

      1. a. The equipment has been in the possession of the applicant for 5 years from the date of purchase; and
      2. b. The snow grooming equipment has had 3000 hours of operation, or summer grading equipment has had 1,200 hours of operation;

   3. (3) For any equipment that was in used condition when purchased through the GIA program and not subject to (1) above, the applicant may sell or trade the equipment, and the state shall no longer claim any interest in the equipment and its disposal, if:

      1. a. The equipment has been in the possession of the applicant for 5 years from the date of purchase; and
      2. b. The snow grooming equipment has an additional 1300 hours of operation, or summer grading equipment has had an additional 600 hours of operation;
   4. (4) For any trail grooming, grading, or maintenance implements purchased through the GIA program, the applicant may sell or trade the implement and the state shall no longer claim an interest in the property if the implement has been in the possession of the applicant for 5 years from the date of purchase;
   5. (5) If (1), (2), (3), and (4) above do not apply, and the equipment or implement is no longer being used to provide trail maintenance, grading, or grooming services on trails used by the general public, then the applicant may sell the property provided that upon receipt of the sale proceeds the applicant shall return funds to the bureau in the same proportion as the bureau funded the initial purchase price;

   6. (6) For any equipment or implement owned by an applicant that ceases to participate in the GIA program, maintain public trails, disbands without reforming, or disbands without being absorbed into another participating organization, and to which (1) through (5) do not apply, the applicant shall:

      1. a. Give the bureau the first opportunity to purchase the equipment or implement for the non-GIA proportion of the equipment or implement’s value; and
      2. b. If the bureau does not purchase the property pursuant to (a) above, reimburse the GIA program a portion of the sale price in the same proportion as the bureau funded the initial sale price; and
   7. (7) If a piece of equipment or implement is replaced in violation of (1) through (6), above, then the replacement equipment or implement shall be subject to the same terms and conditions set forth upon the original grant funded equipment or implement for the remainder of the time period during which the applicant could not sell or trade that equipment or implement without further violating 844.05.

2. (b) The state of New Hampshire shall retain an interest in the form of a lien on any and all equipment or implement purchased through the GIA program. The bureau shall file a financing statement with the secretary of state pursuant to RSA 382-A:9-501 through RSA 382-A:9-529. The financing statement shall:

   1. (1) Describe the equipment or implement subject to the lien;
   2. (2) Identify the applicant that owns the equipment or implement; and
   3. (3) Identify the state of New Hampshire as the secured party.

Source. #14293, eff 6-25-25, EXPIRES: 6-25-35