31 TAC §§517.23, 517.27, 517.28, 517.29
The Texas State Soil and Water Conservation Boards adopts
on an emergency basis amendments to §517.23, 517.27, 517.28 and 517.29
to correct deficiencies discovered during implementation of the program.
The emergency exists because the program cannot function properly until
corrections are made.
The amendments are adopted on an emergency basis under the Agriculture
Code Title 7, Chapter 203, §203.012 which authorizes the State Soil and
Water Conservation Board to adopt rules that are necessary to carry out the
program and §203.011 which provides authorization for the Board to administer
the brush control program.
§517.23.Definitions.
(1)-(13)
(No change.)
[
(14)
Maintenance agreement--A written
agreement between the eligible person and the SWCD wherein the eligible person(s)
agrees, as a condition of the receipt of state cost share funds, to implement
and maintain all cost shared measure(s) in the approved resource management
plan consistent with its implementation schedule. The maintenance agreement
shall remain in effect on cost-shared practices for the expected life of the
practice as established by the State Board.
]
(14)
[
(15)
] Obligated funds--Monies
from an SWCD's allocated funds that have been committed to an applicant after
final approval of the application by the SWCD.
(15)
[
(16)
] Performance agreement--A
written agreement between the eligible person and the SWCD wherein the eligible
person
receiving the benefit of cost share assistance
agrees
, as a condition for receipt of cost share assistance,
to perform the
brush control [
for which allocated funds are being paid
]
in accordance with standards established by Texas State Soil and Water Conservation
Board and the terms of the cost share agreement.
(16)
[
(17)
] Priority system--The
system devised by the SWCD, under guidelines of the state board, for ranking
brush control plans and for facilitating the disbursement of allocated funds
in line with the SWCD's priorities.
(17)
[
(18)
] Program year--The period
from September 1 to August 31.
(18)
[
(19)
] Resource management
plan--A site specific plan for implementation of soil and water conservation
land improvement measures. It includes a record of the eligible person's decisions
made during planning and the resource information needed for implementation
and maintenance of the plan that has been reviewed and approved by the SWCD.
(19)
[
(20)
] Soil and water conservation
district, herein referred to as SWCD--A government subdivision of this state
and a public body corporate and politic, organized pursuant to the Agriculture
Code of Texas, Chapter 201.
(20)
[
(21)
] State Board--The Texas
State Soil and Water Conservation Board organized pursuant to the provisions
of the Agriculture Code of Texas, Chapter 201.
§517.27.Cost-share Assistance Processing Procedures.
(a)
Responsibility of applicants. Applicants for cost-share
assistance for brush control:
(1)
shall complete a district cooperative agreement if the
applicant is not already a district cooperator;
(2)
where an applicant does not have an approved resource
management plan and has not determined the anticipated total cost of the proposed
measure(s), he/she shall obtain a resource management plan approved by the
local SWCD;
(3)
shall complete and submit an application for cost
share based on the approved resource management plan to the SWCD;
(4)
after being notified of approval and obligation of
funds by the district, shall request technical assistance through the district
to design and lay out the approved brush control or request approval of alternate
sources of technical assistance;
(5)
shall secure any approved contractor(s) needed and
all contractual or other agreements necessary to perform the approved brush
control. Cost-share will not be allowed for work begun before the application
is approved;
(6)
shall complete and sign
a
performance [
and maintenance
]
agreement
[
agreements
] and any
amendments to
the
[
those
] agreements;
(7)
shall supply the documents necessary to verify completion
of the approved brush control along with copies of receipts for work to be
cost shared.
(b)
Responsibilities of SWCDs. SWCDs shall:
(1)
approve resource management plans;
(2)
establish the period(s) of time for accepting applications
and announce the cost-share program locally;
(3)
accept cost-share applications at the SWCD's office;
(4)
determine eligibility of lands and persons for cost-share
assistance. 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;
(5)
give initial approval to those applications that meet
the eligibility requirements;
(6)
evaluate the initially approved applications under
the SWCD's priority system and give final approval to the high priority applications
that can be funded by the SWCD's allocated funds;
(7)
obligate funds for the approved brush control that
can be funded and notify the applicants that his/her application has been
approved for cost-share and to proceed with implementation as outlined in
the applicant's plan;
(8)
determine compliance with standards and specifications
and certify completed brush control that meet standards.
(c)
Amended applications for allocated funds.
(1)
In the event that an adjustment to the estimated cost of
brush control 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 cost share to the SWCD for approval or denial by the
SWCD.
(2)
The SWCD may elect to adjust the amount of funds obligated
for brush control, provided funds are available, or to request additional
funds from the State Board.
(3)
In the event additional funds are not available, the
brush control may be redesigned, if possible, to a level commensurate with
available funds, provided the redesign still meets standards established by
the State Board; or the applicant can agree to assume full financial responsibility
for the portion of the cost of brush control in excess of the amount authorized.
(d)
Performance agreement. As a condition for receipt of cost-share
assistance for brush control, the eligible person receiving the benefit of
such assistance shall agree to perform the brush control in accordance with
standards established by Texas State Soil and Water Conservation Board
and the terms of the cost share agreement
. Completion of the performance
agreement and the signature of the eligible person is required prior to payment.
[
(e)
Maintenance agreement--As a condition
for receipt of cost-share assistance, the person(s) receiving the assistance
shall agree to implement and maintain all cost shared measures in the approved
resource management plan consistent with its implementation schedule. The
maintenance agreement shall remain in effect on cost-shared practices for
the expected life of the cost-shared practice(s) as established by the State
Board. Completion of the maintenance agreement and signature of the eligible
person is required prior to payment.
]
(e)
[
(f)
] Payment to recipients.
(1)
The SWCD shall determine eligibility of the applicant to
receive payment of cost-share assistance, and provide certification to the
state board that measure(s) have been installed consistent with established
standards.
(2)
The state board shall
cause payment for cost
share assistance to be issued to the applicant
[
issue warrants
for payment of cost share assistance
].
(3)
Partial payment can be requested for identifiable
units or components of approved brush control methods as they are completed,
provided required management can be applied.
(f)
[
(g)
] 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 to the new program year or require all new applications as it deems
appropriate.
(g)
[
(h)
] 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.
(h)
[
(i)
] Applications withdrawn. An
application may be withdrawn by the applicant at any time prior to receipt
of cost-share assistance by notifying the SWCD in writing that withdrawal
is desired. Applications withdrawn by the applicant shall be retained in the
records of the district in accordance with the SWCD's established record retention
policy.
(i)
[
(j)
] Appeals.
(1)
An applicant may appeal the SWCD decisions relative to
his/her application for allocated funds.
(2)
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.
(3)
The SWCD shall have 60 days in which to make a decision
and notify the applicant in writing.
(4)
The decision of the SWCD may be appealed by the applicant
to the state board.
(5)
All appeals made to the state board shall be made
in writing and shall set forth the basis for the appeal.
(6)
All state board decisions shall be final.
Management of Areas Treated for
[
Maintenance of
] Brush Control.
(a)
Requirements for
follow up treatment for
[
maintenance of
] brush control applied using cost-share funds will be
included in the application for costshare with management recommendations
outlined in the eligible person's resource management plan
. These
will be
[
and
] reviewed with the eligible person at the time
of application for cost-share.
(b)
A properly executed [
maintenance
] agreement
shall be signed by the successful applicant prior to receipt of payment of
cost-share assistance [
from the SWCD
] for brush control completed.
(c)
The SWCD may require refund of any or all of the cost-share
paid to an eligible person when
acres where
[
the applied
]
brush control
was applied
has not been
managed
[
maintained
] in compliance with applicable standards and specifications
for the practice
and in accordance with the terms of the cost share agreement
during [
its
]
the
expected life as agreed to by
the eligible person.
(d)
In cases of hardship, death of the participant, or at the
time of transfer of ownership of land where brush control has been applied
using cost-share assistance and the expected life assigned the practice has
not expired, the participant, heir(s), or buyer(s) respectively, must agree
to
properly manage
[
maintain
] the
treated area
[
practice
] or the participant, heir(s) or the buyer by agreement
with seller must refund all or a portion of the cost-share funds received
for the practice as determined by the SWCD. The State Board on a case by case
basis in consultation with the soil and water conservation district may grant
a waiver to this requirement.
§517.29.Determining Status of Brush Control during Transfer of Land Ownership.
(a)
A seller of agricultural land with respect to which a
performance
[
maintenance
] agreement is in effect may request
the SWCD to inspect the practice. If the practice has been properly
managed
[
maintained
] the SWCD shall issue a written statement
that the seller has satisfactorily
managed
[
maintained
]
the
treated area
[
permanent practice
] as of the date
of the statement.
(b)
The buyer of lands covered by a
performance
[
maintenance
] agreement may also request that the SWCD inspect
the lands to determine whether
the treated area
[
brush control
] has been properly
managed
[
maintained
] 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.
(c)
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.
Filed with the Office of the Secretary of State,
on January 3, 2000.
TRD-200000003
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Effective date: January 3, 2000
Expiration date: May 2, 2000
For further information, please call: (254) 773-2250