31 TAC §523.6
The Texas State Soil and Water Conservation Board (TSSWCB)
proposes amendments to 31 TAC §523.6(f)(2)(F) and §523.6(g)(4) to
improve the efficiency of the water quality management plan cost-share program
and allow for restoration of failed practices under specific conditions. The
amendments are proposed under Chapter 201.020 Agriculture Code, which provides
the Texas State Soil and Water Conservation Board with the authority to adopt
rules as necessary for the performance of its functions under the Agriculture
Code.
The proposed amendment adds language to §523.6(f)(2)(F) requiring
the obligation of cost share funds by soil and water conservation districts
to cooperators by the last day of February of the fiscal year in which the
funds are allocated and reverting un-obligated funds back to the TSSWCB by
March 1st of that fiscal year for reallocation.
The proposed amendment also adds language to §523.6(g)(4) to allow
for restoration of failed practices under conditions which are beyond the
control of the soil and water conservation district cooperator.
These changes are needed to improve the efficiency of the water quality
management plan cost share program and allow the necessary flexibility in
the program.
James Moore, Assistant Executive Director, Conservation Programs, has determined
that for the first five-year period there will be no fiscal implications for
state or local government as a result of administering the section.
James Moore, Assistant Executive Director, Conservation Programs, has determined
that for each year of the first five years the section is in effect, the public
benefit anticipated as a result of administering the section will be more
effective implementation of the water quality management plan program. There
is no anticipated cost to small businesses or individuals resulting from this
proposed amendment.
Comments on the proposal may be submitted in writing to Robert G. Buckley,
Executive Director, Texas State Soil and Water Conservation Board, P.O. Box
658, Temple, TX 76503, (254) 773-2250.
No other statutes, articles, or codes are affected by this amendment.
§523.6.Cost-Share Assistance for Soil and Water Conservation Land Improvement Measures.
(a)-(e)
(No Change.)
(f)
Cost-Share Assistance Processing Procedures.
(1)
(No Change.)
(2)
Responsibilities of SWCDs. SWCDs shall:
(A)-(E)
(No Change.)
(F)
Obligate funds for the approved conservation land treatment
measures that can be funded and notify the applicants that his/her conservation
land treatment measure(s) has/have been approved for cost-share and to proceed
with installation.
Allocated funds must be obligated by the last day
of February of the fiscal year allocated. All unobligated allocations shall
revert back as of March 1st of that fiscal year.
(G)
(No Change.)
(3)-(10)
(No Change.)
(g)
Maintenance of Practices.
(1)-(3)
(No Change.)
(4)
Failed Practice Restoration.
(A)
When conservation land treatment
measures 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 district may allocate additional
cost-share funds to restore them to their original design standards and specifications.
These funds cannot exceed the amount of the original cost-share practice and
must come from the district's current program year allocation.
(B)
When conservation land treatment measures that
have been successfully completed and which later fails as the result of error
or omission on the part of the State Board staff, the SWCD staff, or the Natural
Resources Conservation Service staff while assisting the SWCD, and not the
fault of the applicant; the State Board may approve additional cost-share
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 cannot exceed the amount of the original cost-share
practice and must come from the district's current program year allocation.
[
Conservation land treatment measures 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, may apply for additional cost-share funds
to restore them to their original design standards and specifications.
]
(5)
(No Change.)
(h)-(i)
(No Change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on June 8, 2000.
TRD-200004042
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: July 23, 2000
For further information, please call: (254) 773-2250