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tv co en tv iJ,~:fT. .~~ );"""......'.. .. .....',:... ,," . -'.-, ><J.! o' ~ ~\ "l.__ G~ ~ J,;,~ _"c"''::''. '..>-;::~~ -~.--.~- ~:ri{) 'Federal Register { Vol. 52. No, 86 { Tuesday, May 5, 1987 { Rules and Regulations 167';3 that a cac may approve for imple-menting required SRP's for installing and improving can21s and laterals on all land owned and controlled by ~.participant for the life of the- pro.gram shall not exceed $200,000. (Ii Upon the request o!the cae, th€ STC rrtay authorize the COC-to approve cost4Jhare payments to a p.articipanffor the establishment of canal and lateral improvements in.an amount that e?,ceeds. $200,000 but not greater than 5400,000, . (2) Upon the request of the cac, the Deputy Administrator may authorize the COGta_approve cost-share'paym.ents to a.participant for the establishment of 'canal and laterals improvements in amounts exceeding $400,000. (c) Cost-sharing payments in .excess of $100,000 shall be considered only when such payment will result-in greater total offsite benefits. because the Qffsite benefits for the participants SCPo are greater than those of other participants under consideration at the same time and one or more bf the following conditions exist: '(1) The cost of establishing required SRP's on the participant's land is high relative to the cost of installing practices .on "Other similar land because of barriers or limitations imposed by nature or by man through past irrigation system practices; (2) The extent of SRP's that must be . eslablishe~ on a participant's land; and {3} Increases in the cost of Gonseryation rn.aterials and services that . are bey'Ond the ,participant's control. . ~ 702.11, Transfers of IS'nd}ml;i contra.ct modifications. .. ral CRSC Contracts may be transferrred or modified with the agreement of all p-arties to the contract. The transferee shall assume fuiI responsibility for performance under the CRSC Contract, including the implementation of scheduled SRP's and the operation and maintenance of existing and scheduled SR~'s. (b) A participant who sells or: loses control of the land under a CRSC Contract or any related operation and maintenance agreement to a new owner who refuses to perform the provisions of the CRSC Contract or operation and. maintenance agreement or a participant who sells the water-rights before there is compliance with all of the terms and conditions of a CRSC Contract or opera tion and maintenance- agreement may be required to refund all or a portion of the cost.share assistance earned under the program. ~ 702. 1-8 VioCations. (a)(1) If a participant violates the CRSC Contract or any related operations and maintenance agreement. the coe may. after considering the recommendations:or the CD'and SCS, terminate the eRSC Contract and operation and maintenance agreement. (2) If the CRSC Contract is terminated by.the cae in accordance with this section. the participant shall forfeit all rights to further cost-share payments under the CRSC Contract and shall refund all or part of the paY'31eilts received as determined by the COe. (b) The following actions constitute a violation of the CRSC Contract or any related operation and maintenance agreement by a participant: (1) Destruction of a SRP on land which is the subject of a CRSC Contract, unless-prior approval in writing is granted by ASes with SCS concurrence: (2) Failure to comply with the terms and conditions of the CRSC Contract and any related operation and maintenance agreements; (3) Filing of a false claim; (4) Undertaking any action during the CRSC Contract or any operation and maintenance agreement period that tends to defeat the purpose of the program. including the destruction of any existing conservatfon practices that were established under any other cost- sh.afe program unless the participant provides evidence that all of the participant's obligations under such other program have-been met;-or (5) Employment"f any scheme or device to obtain cost-share assistance or additional cost-share assistance, or to deprive any other land user .of _cost- share assistance or the right to participate in the program. (c; The Deputy Administrator may terminate any CRSC Contract and any related operation and maintenance agreements by mutual agreement with the paticipant based upon recommend a tions from cac, STC, SCS, and CD, if the termination of the CRSC Contract and operation and maintenance agreement IS determined to be in the best interest o!the public. (d) If the participant fails to carry out the terms and conditions of the CRSC . Contract but the cac determines that such failure does not warrant termination of the CRse Contract. the COC may require such particpant to refund all or part of the payments received under the CRSC Contract or to accept such adjustments in the payment as are determined to be appropriate by the cac, ~ 702.19 CRSC Contracts-and operation . and maintenance a;areements not In conformity with regulations. If, afte( a eRSt:: Contract and related operation and m~ntenance agreement are entered in by: the coe v,.;th a participant. it is discovered that such contract and operation ahd maintenz:;ce agreement are not in conformity with the provisions of this part as the result. of a misunderstanding of the program procedures by a signatory to the contract and operation and maintenance agreement, a modification of the contract and operation and maintenar'.::;': agreemimt may be made by mutual agreement If the parties to the' CRSC Contr.act and. operation and maintenance agreement cannot reach agreement with respect to such modification. the contract and operation . and mai.ntenance agreement shall be ,terminated and all payments paid or payable under the. contract shall be forfeited or refunded. to the Federal government. e>;cept as may otherwise be allowed in accordance with the provisi?ns of ~ 702.16 of this part. F02,20 Appeals, (a) The appJic.an-tmay request that the SCS State Conse'r;valionist review or reconsider criterUi being used in developing the salinity control plan or practice specifications. (b) The participant may obtain a review, in accordance with the provisions of 7 CFR Part 780. of any administrative determination which is rendered bv ASeS under the provisions ofthis part: ~ 702.21 Access to land. The.CaC, SCS pc other agency .- providihg technical services or r.epresentatives thereof shall haye the right of access to land for which application to enter int-o a CRSC Contract has been made or for which a CRSC Contract has been entered into and the right to examine any program records to ascertain the accuracy of any representation made -in the application. .or to determine compliance with the contract. ~ 702.22 Performance based upon advice or action of representatives of the Department or a CD. Notwithstanding any other provision onaw, performance rendered in good faith in reliance upon the action or advice of any authorized representative of a CD, a representative of SCS or the STC or cac may be accepted by Ihe Chief of SCS or the Deputy Administrator. as applicable. as meeting the requirements of this program. SCS or the Deputy Administrator, respectively,