| (8) Applications Denied for Reasons Other Than Lack
of Funds. Applications for funds which are denied by the SWCD directors
for other than lack of funds shall be retained in the records of the
SWCD in accordance with the SWCD's established record retention policy.
Written notification of the denial shall be provided to the applicant
along with the reason(s) that the application was denied.
(9) Applications Withdrawn. An application may be withdrawn
by the applicant at any time prior to receipt of cost-share incentive
funding by notifying the SWCD in writing that withdrawal is desired.
Applications withdrawn by the applicant shall be retained in the records
of the SWCD in accordance with the SWCD's established record retention
policy.
(10) Appeals.
(A) An applicant may appeal the SWCD decisions relative
to his/her application for allocated funds.
(B) The applicant shall make any appeal in writing
to the SWCD which received his/her application for allocated funds
and shall set forth the basis for the appeal.
(C) The SWCD shall have 60 days in which to make a
decision and notify the applicant in writing.
(D) The decision of the SWCD may be appealed by the
applicant to the State Board.
(E) All appeals made to the State Board shall be made
in writing and shall set forth the basis for the appeal.
(F) All State Board decisions shall be final
(h) Maintenance of Practices.
(1) Requirements for maintenance of practices applied
using cost-share incentive funds will be outlined in the eligible
person's water quality management plan and reviewed with the eligible
person at the time of application.
(2) A properly executed maintenance agreement shall
be signed by the successful applicant prior to receipt of payment
of cost-share incentive funding from the SWCD for a conservation practice(s)
installed.
(3) A properly executed maintenance agreement shall
be signed by the successful applicant prior to receipt of payment
of cost-share incentive funding from the SWCD for a conservation practice(s)
installed.
(4) Failed Practice Restoration.
(A) When conservation practices that have been successfully
completed and which later fail as the result of floods, drought, or
other natural disasters, and not the fault of the applicant, the applicant
may apply for and SWCD may allocate additional cost-share incentive
funds to restore them to their original design standards and specifications.
These funds must come from either a current direct allocation to the
SWCD or from a current cost-share incentive priority with confirmation
from the State Board from the current program year.
(B) When conservation practices that have been successfully
completed and which later fail as the result of error or omission
on the part of the State Board staff, the SWCD staff, or the USDA-Natural
Resources Conservation Service staff while assisting the SWCD, and
not the fault of the applicant, the State Board may approve additional
cost-share incentive funds to restore the measure(s) to the correct
design standards and specifications where an investigation approved
by the Executive Director or his designee shows good cause. These
funds must come from either a current direct allocation to the SWCD
or from a current cost-share incentive priority with confirmation
from the State Board from the current program year.
(5) In cases of hardship, death of the participant,
or at the time of transfer of ownership of land where a conservation
practice(s) has been applied using cost-share incentive funding and
the expected life assigned the practice has not expired, the participant,
heir(s), or buyer(s) respectively, must agree to maintain the practice(s)
or the participant, heir(s) or the buyer by agreement with seller
must refund all or a prorated portion of the cost-share incentive
funds received for the practice as determined by the SWCD. The State
Board on a case-by-case basis in consultation with the SWCD may grant
a waiver to this requirement.
(i) Determining Status of Practices During Transfer
of Land Ownership.
(1) A seller of agricultural land with respect to which
a maintenance agreement is in effect may request the SWCD to inspect
the practices. If the practices have not been removed, altered, or
modified, the SWCD shall issue a written statement that the seller
has satisfactorily maintained the permanent practice as of the date
of the statement.
(2) The buyer of lands covered by a maintenance agreement
may also request that the SWCD inspect the lands to determine whether
any practice has been removed, altered, or modified as of the date
of the inspection. If so, the SWCD will provide the buyer with a statement
specifying the extent of noncompliance as of the date of the statement.
(3) The seller and the buyer, if known, shall be given
notice of the time of inspection so that they may be present during
the inspection to express their views as to compliance.
(j) Reporting and Accounting. The State Board shall
receive and maintain required reports from SWCDs showing the unobligated
balance of directly allocated funds as shown on each ledger at the
close of the last day of each month.
(k) Pursuant to Agriculture Code §201.311, one
or more SWCDs may be designated to administer portions of this section
as determined by the State Board.
|
| Source Note: The provisions of this §523.6 adopted to be effective May 23, 1994, 19 TexReg 3496; amended to be effective June 22, 1995, 20 TexReg 4270; amended to be effective June 20, 2000, 25 TexReg 5913; amended to be effective November 13, 2000, 25 TexReg 11291; amended to be effective March 11, 2004, 29 TexReg 2367; amended to be effective April 26, 2005, 30 TexReg 2400; amended to be effective June 21, 2006, 31 TexReg 4867; amended to be effective December 23, 2008, 33 TexReg 10325; amended to be effective July 8, 2013, 38 TexReg 4384; amended tobeeffective August 15, 2017, 42 TexReg 3976; amended to be effective August 13, 2023, 48 TexReg 4267 |
