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<br />Federal Register tv,,\. 52, No, 88 I Tuesday, May 5, 1987 7'i~les and Regulations
<br />
<br />maintenance agreements determined to
<br />be necessary by the coe in order to
<br />ensure proper operation "and
<br />maintenance of the SRP's provid~d for
<br />in the CRSC Contract. .
<br />(b) The op"eration and maintenance
<br />agreemen"t will be .cpmprised of:
<br />(1) Theterms and conditions of the
<br />agree-ment;'"and' . . -. .
<br />(2) An operation and maintenance
<br />plan prepared by SCS.
<br />(el By entering in S- QperaUon-and .
<br />maintenance agreement. the partitiipant
<br />agrees to: _ "
<br />(1) Carry out the. terms Qnd conditions
<br />of the operation and"maintenanc'e .
<br />. agreement;
<br />. (21 Operate and m,a,intain. at no cost t9
<br />the FedeJ:'sl government. the SRP's for
<br />the effective lifespan of all SRP'~
<br />included in the operation and
<br />maintenance agreement;
<br />(3) Operate, maintaIn and inspect the,
<br />SRP's in acc!,rdance with the operation
<br />and maintenance plan;
<br />(4)bbtain prior COC and SCS
<br />approval of all plans. 'designs. and
<br />specifications for any alteration to the
<br />SRP's;
<br />(5) Prohibit the installation of sny
<br />structure or facility that will interfere
<br />with the operation and maintenance of
<br />the SRP's;' .
<br />(6) Notify the COC and SCSof any
<br />agreement to be entered into with other
<br />parties for Ll}e operation and;
<br />maintenance of aU or'part ofSRP's and
<br />provide. the COC and SCS with a copy'
<br />of such agreement when it has been
<br />signed by the participant and the other
<br />party: and, '
<br />(7) Not un4e'rtake any action .on the '
<br />land subjecJ to the ?peralion. and '
<br />, maintenaQce agreement that tends to
<br />defeaUhe piirpo~es.ofthe CRSC
<br />program; , , .
<br />(d) The participant and eacbperson
<br />signing the ope!,ation and maintenance
<br />agreement shall be jointly and severally
<br />responsible for compliance with the
<br />operation and maintenance agreement
<br />and the provisions of this part and for
<br />any ref~nds Or payment adjustments
<br />that may be required 'for violation of any,
<br />or-the terms and conditions of the
<br />operation and maintenance agreement
<br />and provisions of thi~ part.
<br />! 702.11 Obligations 01 USDA.
<br />ASCS shall, subject to the availability
<br />of funds. share the' cost with
<br />participants'of establishing eligible
<br />SRP's specified in the salinity control
<br />plan at the levels and rates of cost4
<br />sharing determined in accordance with
<br />the provisions of! 702.13 and SCS shall
<br />provide such technical assistance as
<br />may be necessary to assist the
<br />
<br />participant in carrying out IheCRSC
<br />Contract.
<br />
<br />~ 702.12,. Availability of cost#share
<br />payments. -
<br />. (a) Cost-share payments shall be
<br />made available to a participant in a
<br />CRSC Contract upon a determination by
<br />the COC that SCS has certified thai the
<br />eligible SRP.or an identifiable portion
<br />tbereof has been established in
<br />accordance with the appropriate
<br />standards and specifications and that
<br />such SRP would serve the functional
<br />purpos'es for which the practice is
<br />intended.
<br />(b) Cost-share payments may be made
<br />available under this part ,only for the
<br />establishment or installation_of an
<br />eligible SRP.
<br />(c) Cost.share assistance inay be
<br />approved for the replacement.
<br />enlargement. or restoration of SRP's
<br />instaUed under 8 CRSC Contract if such
<br />practices. as originally installed, failed
<br />to achie~e the desired salinity reduction
<br />and if: '
<br />(1) The replacement, enlargement, or
<br />restoration oUhe SRP is required to
<br />solve identified problems or to achieve
<br />salt reduction benefits:
<br />(2) The approved specifications for the
<br />SRP were met in the original installation
<br />of the practice; and
<br />(3) The failure of the SRP to. solve the
<br />identified problem or to achieve salt
<br />reduction benefits was caused by
<br />circumstances beyond the control of the
<br />participant.
<br />(d) If a participant bas taken any
<br />action which tends to defeat the
<br />purpose, of the program provided for by
<br />this part, the COC may witbhold or
<br />require ,a_ refund of all or parl of any
<br />payments,othe~ise due or,paid that,
<br />participant in ,accordance with this part.
<br />Such actions include. but are not limited
<br />to. failure to properly maintain or
<br />deliberat.ely destroyinR a SRP,
<br />~ 702.13 _levels and rates of cost4share
<br />payments.
<br />(a) Tbe level pf Federal cost-share
<br />assistance for the required SRP'g for the
<br />project shall be determined by the
<br />percentage of total benefits comprised
<br />by offsite benefits as identified in the
<br />selected plan of the UDSA Salinity
<br />Control Report,
<br />(b) Except as provided in paragraph
<br />(e) of this section. cost-share payments
<br />shall not exceed the lesser of 70 percent
<br />of the average cost or 70 percent of the
<br />actual cost of the installation of the SRP,
<br />(c) The Deputy Administrator, in
<br />consultation with the USDA Salinity
<br />Control Coordinating Committee, may
<br />approve cost-share levels in excess of 70
<br />percent of the average or actual cost of
<br />
<br />installa tion of the SRP or in excess of
<br />the level based on the ratio of on-fam
<br />and offsite benefits if such increased
<br />assistance is necessary to obtain
<br />acceptable program participation.
<br />Higher cost-share levels shall be
<br />considered only when one or more of
<br />tbe following apply, unless tbe Secretary
<br />finds at his descretion that such cost-
<br />_sharing requirement would result in a
<br />failure,to proceed with ne'eded onfarm
<br />measures: ,
<br />. (1) Onfam. benefits that are low
<br />relative to offsite benefits';
<br />(2) Higher degree of projectco,t-
<br />effectiveness and'magriittide cif salinity
<br />reduction benefits to be achieved
<br />relative to other projects;
<br />(3) The need for and the cost of for
<br />implementing SRP's to replace
<br />incidental fish and wildlife values
<br />foregone: .
<br />(c) The combined cost.share
<br />assistance provide'd by'Federal. State.
<br />and local governments or subdivisions
<br />thereOf shall-Qot exceed 100 percent of
<br />the cost of installing the SRP,
<br />~702.14' AssJgnments.
<br />Any partiCipant entitled to cost-share
<br />payments under this program may
<br />assign the right to receive such payment.
<br />in whole or in part. as provided in the-
<br />regulations, at 7 _eFR Part 709.
<br />Ass.ignment of.Pa}iment. or as_ provided
<br />in instructions issued by the Deputy
<br />, Administrato_f.
<br />~ 702.15 Payments not subject to claims.
<br />Subject to the regulations found at 7
<br />CFR Part 13; any cost.share payment or
<br />portion thereof due any entity_ shall-be
<br />allowed without ~egard to questions of
<br />title unclei' State-law, and without regard
<br />to _any claim, or lien-against the practice
<br />in favor of the owner or any other
<br />credHor: except agencies of the United
<br />States' Government:
<br />~ 702.16 Maximum amount of cost-share
<br />payments. .
<br />(8) Ma-ximum payments for on-farm
<br />SRP's.
<br />(1) Except as provided in paragraph
<br />(a)(Z) of this section, the maximum
<br />amount of cost-share payments that a
<br />COC may approve for the establishment
<br />of on-farm SRP'$ on all land owned or
<br />controlled by a participant for the life of
<br />the program provided for by this part
<br />shall not exceed $100,000,
<br />(2) The Deputy Administrator may
<br />apprOVi;! cost.share payments to a
<br />participant for the establishment of on-
<br />farm SRP's in excess of $100.000.
<br />(b) Except as provided in paragraphs
<br />(b)(l) and (b)(2) of this section. the
<br />maximum program cost-share pa)'ment
<br />
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