The following words and terms, when used in this subchapter,
have the following meanings:
(1) Authorized representative--An individual representing
all sponsors identified on an application for structural repair grant
funds. The authorized representative shall be the single point of
contact for all communications regarding an application.
(2) Eligible applicant--A partnership of all entities
listed as a sponsor on a watershed agreement for a watershed project.
(3) Fiscal year--The 12-month period of time beginning
September 1 of a year and ending on August 31 of the following year.
(4) Flood control dam--Floodwater retarding structures,
also commonly referred to as flood control structures, watershed structures,
flood prevention or "FP" sites, and certain grade stabilization structures
included in the National Inventory of Dams built by the federal government
under one of the four following federal authorizations:
(A) Public Law 78-534, Section 13 of the Flood Control
Act of 1944;
(B) Public Law 156-67, the pilot watershed program
authorized under the heading Flood Prevention of the Department of
Agriculture Appropriation Act of 1954;
(C) Public Law 83-566, the Watershed Protection and
Flood Prevention Act of 1954; and
(D) Subtitle H of Title XV of the Agriculture and Flood
Act of 1981, commonly known as the Resource Conservation and Development
Program.
(5) In-kind match--Non-monetary contributions of services,
equipment, or other items of value included in a contract scope of
work between the State Board and a sponsor for the purpose of satisfying
all or a portion of a non-state funded matching requirement for structural
repair activities. In-kind match is not eligible if the source is
contributing the in-kind match because it was enabled to do so directly
through state appropriations.
(6) National Inventory of Dams--The U.S. Army Corps
of Engineers' list of dams first authorized by the National Dam Inspection
Act (Public Law 92-367) of 1972.
(7) Natural Resources Conservation Service (NRCS)--An
agency of the United States Department of Agriculture which was formerly
known as the Soil Conservation Service.
(8) Operation and maintenance (O&M)--The activities
associated with maintaining optimal physical conditions and functioning
of a flood control dam specified in §529.2(9) of this chapter
(relating to Definitions); O&M is not structural repair as defined
in paragraph (14) of this section.
(9) O&M agreement--A written agreement pertaining
to a specific flood control dam or dams within a watershed project,
taking into consideration the powers and jurisdictional boundaries
of sponsors, that specifies each sponsors' responsibilities for financing
and performing O&M inspections and activities.
(10) Reimbursement request--A request for reimbursement
of an activity included in a contract scope of work executed between
the State Board and a sponsor.
(11) Soil and water conservation district (SWCD)--A
governmental subdivision of this state and a public body corporate
and politic, organized pursuant to Chapter 201 of the Agriculture
Code.
(12) Sponsor--An entity or individual that is a signatory
to a watershed project plan, watershed agreement, or O&M agreement.
(13) State Board--The Texas State Soil and Water Conservation
Board organized pursuant to Chapter 201 of the Agriculture Code.
(14) Structural repair--The act of performing an activity
or activities for the purpose of restoring a flood control dam to
original design specifications (dam repair) or upgrading a flood control
dam to meet current TCEQ safety criteria (dam upgrade). Structural
repair is not an activity defined as operation and maintenance in §529.2(9)
of this chapter. Structural repair activities include:
(A) Lime treatment, removal and replacement, and/or
slope flattening of dam embankment to repair slope slides;
(B) Repair of sinkholes in dam embankment;
(C) Repair of cracks in dam embankment;
(D) The installation of armored plating on dam embankments
to repair and mitigate wave erosion;
(E) Performing earthwork and establishing vegetation
on dam embankments to repair and mitigate wave erosion;
(F) Drain system installation or repair;
(G) Repair of excessive settlement on dam embankment;
(H) Replacement or stabilization of vertical inlet
on principal spillway;
(I) Installation of a liner to repair or mitigate pipe
separation or cracking on principal spillway;
(J) Replacement of a principal spillway pipe due to
separation or cracking;
(K) Installation of impact basin or armored plating
on plunge pool due to erosion;
(L) Repair of major auxiliary spillway erosion from
storm damage;
(M) Any activity defined as O&M in §529.2(9)
of this chapter if the performance of the activity is determined to
be necessary by the State Board in conjunction with a structural repair
activity defined in this subchapter; O&M activities determined
to be necessary by the State Board will be included in a contract
scope of work executed between the State Board and a sponsor;
(N) Any other activity related to flood control dam
structural repair at the discretion of the State Board and included
in a contract scope of work executed between the State Board and a
sponsor;
(O) Upgrading or rehabilitation of a high hazard dam
to meet TCEQ high hazard safety criteria.
(15) Texas Commission on Environmental Quality (TCEQ)--The
state agency created under Title 2, Subtitle A, Chapter 5 of the Texas
Water Code (formerly the Texas Natural Resource Conservation Commission).
(16) Watershed agreement--A legal document that records
the responsibilities of the sponsors and NRCS for implementing a watershed
project plan relating to contributions of funding, the acquisition
of land rights, construction, O&M, project administration, management
of affected lands, as well as responsibilities regarding permitting
and water and mineral rights.
(17) Watershed project--A geographic area delineated
by the boundaries of a watershed within which a series of flood control
dams have been constructed or are planned to be constructed by NRCS
to prevent and/or minimize floodwater damage to lives and property.
(18) Watershed project plan (or Work Plan)--A plan
developed by local sponsors with the assistance of NRCS for a watershed
project that includes descriptions of the watershed, problems to be
addressed, works of improvement to be installed, costs of installed
works, project benefits, cost-benefit analyses, financing information,
and general requirements for O&M.
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| Source Note: The provisions of this §529.51 adopted to be effective April 25, 2010, 35 TexReg 3069; amended to be effective February 6, 2020, 45 TexReg 917; amended to be effective May 7, 2023, 48 TexReg 2378 |
