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<br />Federal Register I Vol. 52, No, 86 f Tuesday, May 5, 1987 / Rules and Regulations
<br />
<br />16743
<br />
<br />. 8es, State Conservationists. and
<br />conservation districts.
<br />(31 In developing the USDA Salinity
<br />Control Report anc~ implementing the
<br />project plan, SCS shall coordinate with
<br />other agencies of the U.S. Department of
<br />Agriculture, the United Sta~ , . .
<br />Departrrient of the !nterior; and the
<br />EnvironmentalProt.e.ction Agency.
<br />(c) The.Extension Service (ES} shall
<br />develop and coordinate information and
<br />educa tional programs and may provide
<br />other technical support to carry out the
<br />program provided for by this parl . .
<br />(d; Other USDA agendes such as
<br />Cooperative State Research Service
<br />(CSRS) and the Agricultural Research
<br />Ser.;ice (ARS] may conduct research
<br />and may provide other techniCal support
<br />needed to carry out the CRSC f!ogram.
<br />I 702,4 Appl;cat>/Hty.
<br />(a) The provision of this part shall be
<br />applicable to areas Within the Colorado
<br />River Basin that have been identified by
<br />SCS as-salt source areas.'
<br />lb) The program provided for by this
<br />part shall be appliceble to private lands,
<br />Indian tribal lands, lands' owned or
<br />controlled by irrigation districts or
<br />companies. Federal land under the.
<br />control of the USDA, and State,and local
<br />government lands. .
<br />'. ~ 702.5 -. Elig~e land. ,
<br />For the purposes of this par~ eligible'
<br />land is land that-is within 'the Colorado
<br />River Basin area which:
<br />(a) Has been identified by SCS as a
<br />salt source area; and. .
<br />(bl ls Ihe subject ofa published USDA
<br />- Salinity Control Report and an approved
<br />project implementation plan.
<br />17C2,6 'Eligl~teentlty,
<br />. In order to be eligible to enter into a
<br />CRSC Contract, an entity must own or
<br />have control over eligible land.
<br />~ 702..7 Salinity control plan.
<br />(a) The applican~ in consultation with
<br />SCS, shall develop the salinity control
<br />plan which is the most cost-effective
<br />.consistent with the project plan. .
<br />(b) All salinity control plans must be
<br />approved by the CD in order for the
<br />SRP's contained therein to be elIgible for
<br />cost-share assistance.
<br />(c) When-approving salinity control
<br />plans, the CD shall ensure that the
<br />salinity control plan is consistent with
<br />the approved project plan and cost-
<br />effective SRP's identified in the
<br />approved projec~ implementation plan
<br />for the area.
<br />1702.8 ElIg;bl. salinity reduction
<br />practices (SRP'a).
<br />(a) Eligible SRP's are those practices
<br />specified in the project imp.lementation
<br />
<br />plan and the p,articipant's salinity
<br />control plan that:
<br />(1) Significantly reduce the salt
<br />loading from a unit of-land: or
<br />(2) Replace incidental fish and wildlife
<br />v-alues foregone; or
<br />.(3) Reduce erosion or seepage to a
<br />degree which significantly benefits
<br />salinity 'Control. . .
<br />(b) Notwithstanding the foregoing
<br />provisions of this section. the following
<br />practices shall not be considered to be
<br />eligible SRP's: .,
<br />(1) Practices installed primarily for the
<br />purpose of bringing additional land int.o
<br />production. for increasing production
<br />above-that which is incidental to
<br />application .of conservation treatment
<br />for.salinity control, or for flood
<br />. protection; and
<br />(2) Practices which are installed or
<br />commenced before the contract for cost-
<br />share-assistance has ~een approved.
<br />~. 702.9CRSC Contrael and obllgallons 01
<br />the partleipant.
<br />. (a) In order-to receive cost-share
<br />assistance in accordance with this part.
<br />an eligible entity must enter into a CRSC
<br />Contract ",,;th a coe and. if required by
<br />the-Cae, enter into -separate operatIon
<br />and maintenance agreements in
<br />accordance with ~ 702,10 of this part,
<br />(b) The CRSC Contract will be
<br />comprised of:
<br />(1) The terms and conditions of the
<br />. contract; and
<br />(2) The salinity control plan, ,
<br />(c) All CRSC Contracts shall have a
<br />term of not less than 3 nor more than 10
<br />years.
<br />(d) Eligible entities may offer to enler
<br />into a CRSC Contract in 8_ccordance .
<br />.. with ihis part through theCaC located
<br />in the same connly as the eligible lend
<br />or auch other cac designated to
<br />administer contracts in the project area.
<br />(e) By entering into a CRSC Contract,
<br />the participant agrees to:
<br />(1) Carry out the terms and conditions
<br />of the CRSC Contract;
<br />(2) Implement the aalinity control
<br />plan:
<br />(i) In accordance with the schedule of
<br />completion dates included in such plan,
<br />unless an extention of time is granted by
<br />the cac in consultation with the CD;
<br />and
<br />(il) Install all SRP'a included in the
<br />salinity control plan in accordance with
<br />the SCS field office technical guide,
<br />rogardless of whether the applicant
<br />receives cost-share assistance with
<br />respect to a SRP;
<br />(31 Acquire all authorities, rights,
<br />easements. permits or other approvals
<br />necessary to install and maintain the
<br />SRP's and for compliance with
<br />
<br />applicable FederaL,State, and local laws
<br />and regulations:
<br />(4) Hold tn. Feder;l government
<br />harmless for any losses it may sustain if
<br />the participant infriifges on the rights of
<br />others or fails to comply with applicable ..
<br />Federal. Stale. orlocaJ laws or
<br />J;'egulations:
<br />(5) Operate and maintain, at no cost to
<br />the Federal government. the SRP.s as
<br />specified in the salinity control plan and
<br />ACP-245, Practice Approval and
<br />Payment Application, or as specified in
<br />separa,te o'peration and maintenance
<br />agreements entered into by the
<br />participant for the effective lifespan of
<br />the SRP's, as determined by SCS; and
<br />(6) Not undertake any action on the
<br />land subject to the CRSC Contract that
<br />tends"to defeat the' purposes of the
<br />program provided for by this part,
<br />(e).AU entities who have -a p_resenf
<br />possessory interest or a noncontingent
<br />future possessory intere$t in the land to
<br />be subject to -a CRSC Contract must sign.
<br />such contract.
<br />[0 The participant and each entity
<br />signing the CRSC Contract shall be
<br />jointly and severall~lesponsible for
<br />compliance with th~ntract and the
<br />provisions of this pitlJ~~d for any
<br />refunds or payment~<'Whicb may be
<br />. requireq for violation of any of the terms
<br />and conditions of the CRSC Contract
<br />and the provision.s of this part.
<br />[g) The CRSC Contract may require
<br />that a partiCipant. as a condition of
<br />eligibility for cost-share assistance,
<br />grant to the Secretary a recordabte
<br />security interest in an amount to be
<br />determined by ASCS in the property on
<br />which the SRP's are installed. Such
<br />.interest shall be equal in value to the
<br />amount of cost-share assistance which
<br />'is made available by ASCS and shall
<br />. cover-the effective lifespan of the SRP's.
<br />Such secllrity iili.~re::ll ur ~ncwnbrance
<br />shall be released 'upon the perfonnance
<br />by the participant of all of the provisions
<br />of the contract and any applicable
<br />operation and maintenance agreements
<br />entered into by' the participant.
<br />(h) The Deputy Administrator, or the
<br />Deputy Administrator's designee, may,
<br />in consultation with SCS and the CD,
<br />accept or reject offers to enter into a
<br />CRSC Contrac~
<br />(i) CRSC Contracts shall be
<br />implemented, and salinity control plans
<br />shall be developed, in the order of
<br />priority within the applicable salt source
<br />area that is established by the cac and
<br />CD in consultation with SCS.
<br />~ 702.10 Operat:on and maintenance
<br />agreements.
<br />(8) The participant shall enter into
<br />with the cac any operation and
<br />
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