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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 17TEXAS STATE SOIL AND WATER CONSERVATION BOARD
CHAPTER 523AGRICULTURAL AND SILVICULTURAL WATER QUALITY MANAGEMENT
RULE §523.6Cost-Share Incentive Funding for Soil and Water Conservation Land Improvement Measures

  (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.

Cont'd...

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