(5) Maximum Allowable Amount of Cost-Share Funds per
Operating Unit. The maximum allowable amount of cost-share funds that
may be applied to any single operating unit is $15,000. This provision
applies only to general revenue funds appropriated by the Texas Legislature
to assist program participants with the implementation of soil and
water conservation land improvement measures as allowed by Agriculture
Code §201.301. In cases where the funding for cost-share incentives
originates from sources other than appropriations made directly to
this program by the Texas Legislature, the maximum allowable amount
of cost-share incentive funding per operating unit will be established
by the terms of the contractual agreement providing the funds until
otherwise specified by the State Board.
(f) Eligibility for Cost-Share Incentive Funding.
(1) Eligible person. Any individual, partnership, administrator
for a trust or estate, family-owned corporation, or other legal entity
who as an owner, lessee, tenant, or sharecropper, participates in
an agricultural or silvicultural operation and has a certified water
quality management plan on an operating unit within a SWCD shall be
eligible for cost-share incentive funding.
(2) Ineligible for Cost-Share Assistance. State Board
Members and State Board Employees are governed by a July 17, 2003,
State Board policy that prohibits persons employed by the State Board
and members of the State Board from entering into a cost-share (financial
assistance) agreement while employed or serving on the State Soil
and Water Conservation Board.
(3) Conflict of Interest for Cost-Share Assistance.
District Directors and District Employees must follow all WQMP guidelines,
complete all required WQMP forms, and recuse themselves from any and
all discussions and considerations of the application for a WQMP contract.
(A) District Directors and District Employees must
recuse themselves in any situation in which a relative, as defined
by Chapter 573, Government Code, Nepotism Prohibitions, has applied
for a WQMP contract.
(B) SWCD Board minutes are required to reflect that
any District Director or District Employee recuse himself/herself
from the deliberation on a contract and there was no undue influence
regarding consideration of a contract.
(C) These same prohibitions apply to certifying work
performed on a contract and any certification for payment of financial
assistance under an approved WQMP contract.
(4) In accordance with the terms of this chapter an
eligible person may receive cost-share only once for an operating
unit. The State Board, on a case-by-case project or watershed basis
and in consultation with the SWCD, may grant a waiver to this requirement
in situations where:
(A) Research and/or advanced technology indicate(s)
a plan modification to include additional measures to meet Texas surface
water quality standards is needed;
(B) The operating unit is significantly increased in
size by the addition of new land areas or the amount of animal waste
production is significantly increased requiring additional conservation
practices, not previously cost-shared, in order to meet Texas surface
water quality standards;
(C) More stringent measures become necessary to meet
Texas surface water quality standards;
(D) A landowner has assumed the responsibility of a
maintenance agreement in cases where the landowner was not the applicant;
or
(E) A landowner has previously received cost-share
through this program but an additional practice or practices has/have
been subsequently mandated by state law or the laws, rules, or regulations
of a political subdivision. This waiver is only applicable to the
mandated practice or practices and may not be applied more than one
time to a single practice.
(5) Eligible land. Any of the following categories
of land shall be eligible for cost-share incentive funding:
(A) Land within the State that is privately owned by
an eligible person.
(B) Land leased by an eligible person over which he/she
has adequate control and which land is utilized as a part of his/her
operating unit.
(C) Land owned by the State, a political subdivision
of the State, or a nonprofit organization that holds land in trust
for the state.
(6) Ineligible lands. Allocated funds shall not be
used:
(A) To reimburse other units of government for implementing
conservation practices.
(B) On privately owned land not used for agricultural
or silvicultural production.
(7) Eligible purposes. Cost-share incentive funding
shall be available only for those eligible practice measures included
in a certified water quality management plan and determined to be
needed by the SWCD to:
(A) Reduce erosion; and/or
(B) Improve water quality and/or quantity.
(8) Eligible practices. Conservation practices which
the State Board has approved and which are included in the applicant's
approved water quality management plan shall be eligible for cost-share
incentive funding. The list of eligible practices will be approved
as needed by the State Board. The SWCDs shall designate their list
of eligible practices from those practices approved by the State Board.
SWCDs may request the State Board's approval to offer cost-share incentive
funding for conservation practices not included in the State Board's
list of approved practices. The use of special conservation practices
is limited to those measures that can solve unique problems in a SWCD
and which conform with one or more of the purposes of the program.
Requests for special conservation practices will be filed in writing
with the State Board in time to obtain action and notification in
writing from the State Board of its decision(s) prior to announcing
the availability of cost-share incentive funding locally for the program
year. Conservation practices may be included in a SWCD's list of eligible
practices offered for cost-share incentive funding only as approved
by the State Board.
(9) Requirement to file an application. In order to
qualify for cost-share incentive funding, an eligible person shall
file an application with the local SWCD.
(10) Persons required to sign applications and agreements.
All applications and agreements shall be signed by:
(A) The eligible person and;
(B) the landowner in cases where the eligible person
does not hold title to the land constituting the operating unit.
(g) Cost-Share Incentive Funding Processing Procedures.
(1) Responsibility of applicants. Applicants for cost-share
incentive funding for conservation practices shall:
(A) Complete and submit an application to the SWCD.
(B) Where an applicant does not have an approved water
quality management plan and has not determined the anticipated total
cost of the requested measure(s), he/she, as part of the application,
may request assistance from the SWCD in developing such plan and determining
costs.
(C) After being notified of approval and obligation
of funds by the SWCD, request technical assistance through the SWCD
to design and layout the approved practices or request approval of
alternate sources of technical assistance.
(D) Secure any approved contractor(s) needed and all
contractual or other agreements necessary to construct or perform
the approved practice(s). Cost-share will not be allowed for work
begun before the application is approved.
(E) Complete and sign performance and maintenance agreements
and any amendments to those agreements.
(F) Supply the documents necessary to verify completion
of the approved practice(s) along with a completed and signed certification
of cost.
(2) Responsibilities of SWCDs. SWCDs shall:
(A) Establish the period(s) of time for accepting applications,
under the guidelines of the State Board, and announce the availability
of cost-share incentive funding locally.
(B) Accept cost-share applications at the SWCD's office.
(C) Determine eligibility of lands and persons for
cost-share incentive funding under either the SWCD's local program
for a direct allocation or under a cost-share incentive priority.
If an applicant's land is in more than one SWCD, the respective SWCD
boards of directors will review the application and agree to oversee
all works, administrate all contracts and obligate all funds from
one SWCD or prorate the funding between SWCDs.
(D) Give initial approval to those applications that
meet the eligibility requirements.
(E) Evaluate the initially approved applications under
either the SWCD's priority system for a direct allocation or under
a cost-share incentive priority and give final approval to the high
priority applications that can be funded.
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