| (F) For applications that may qualify for a cost-share
incentive priority, submit the applications to the appropriate State
Board office for confirmation of qualification and availability of
funds.
(G) Obligate funds for the approved conservation practices
that can be funded and notify the applicant(s) that his/her conservation
practice(s) has/have been approved for cost-share incentive funding
and to proceed with installation. Allocated funds must be obligated
by the last day of April of the fiscal year allocated. All unobligated
allocations, regardless of whether they exist in a direct SWCD allocation
or a cost-share incentive priority, shall become unallocated on May
1st of each year and may be reallocated to other priorities at the
discretion of the State Board to ensure the most efficient use of
cost-share incentive funds.
(H) Determine compliance with standards and specifications
and certify completed conservation land treatment measure(s) that
meet standards.
(3) Amended Applications for Allocated Funds.
(A) In the event that an adjustment to the estimated
cost of conservation practice(s) is necessitated by the final design,
the applicant shall either agree to assume the additional cost or
complete and submit an amendment to his/her application for allocated
funds to the SWCD for approval or denial by the SWCD. If the obligated
funds originate from a cost-share incentive priority, the SWCD will
confer with the State Board to determine if additional funds are available.
(B) The SWCD may elect to adjust the amount of funds
obligated for the conservation practices, provided funds are available,
or to request additional funds from the State Board. If the obligated
funds originate from a cost-share incentive priority, the SWCD will
confer with the State Board to determine if additional funds are available.
(C) In the event additional funds are not available,
the conservation practice(s) may be redesigned, if possible, to a
level commensurate with available funds, provided the redesign still
meets practice standards established by the State Board; or the applicant
can agree to assume full financial responsibility for the portion
of the cost of conservation practice(s) in excess of the amount authorized.
(4) Performance Agreement. As a condition for receipt
of cost-share incentive funding for conservation practices, the eligible
person receiving the benefit of such incentive funding shall agree
to perform those measures in accordance with standards established
by the State Board. Completion of the performance agreement and the
signature of the eligible person are required prior to payment.
(5) Maintenance Agreement. A written maintenance agreement
must be signed between the eligible person and the soil and water
conservation district wherein the eligible person(s) agrees to implement
and maintain all conservation practices included in the water quality
management plan in accordance with the implementation schedule, all
technical requirements of the applicable practice standards, and specified
life expectancies of practices until such time that the certification
of the State Board is withdrawn. The maintenance agreement shall specify
that any practices installed through the financing of cost-share incentive
funding, to any extent, must be maintained in accordance with the
applicable practice standards and specified life expectancies regardless
of whether or not the water quality management plan continues to be
certified or not. Failure to maintain cost-shared practices may result
in the requirement for all or a prorated portion of the cost-share
funding to be returned to the State Board. Completion of the maintenance
agreement and all appropriate signatures are required prior to payment.
(6) Payment to Recipients.
(A) The SWCD shall determine eligibility of the applicant
to receive payment of cost-share incentive funding, and provide certification
to the State Board that measure(s) have been installed consistent
with established standards.
(B) The State Board shall issue warrants for payment
of cost share incentive funding.
(7) Applications Held in Abeyance Because of Lack of
Funds. In those cases where funds are not available, the applications
will be held by the SWCD until allocated funds become available or
until the end of the program year. When additional funds are received,
the SWCD will obligate those funds. The SWCD may shift all unfunded
applications held in abeyance because of lack of funds that are on
hand at the end of a program year to the new program year or require
all new applications as it deems appropriate.
(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) The SWCD will request refund of all or a prorated
portion of the cost-share incentive funding paid to an eligible person
when the applied conservation practice(s) has not been maintained
in compliance with applicable design standards and specifications
for the practice during its expected life as agreed to by the eligible
person. The State Board may grant a waiver to this requirement on
a case-by-case basis in consultation with the SWCD.
(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.
Cont'd... |
