7 CFR 636.11 - Transfer of interest in a cost-share agreement.

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Title 7: Agriculture

Subtitle B: Regulations of the Department of Agriculture (Continued)

CHAPTER VI: NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF AGRICULTURE

SUBCHAPTER D: LONG TERM CONTRACTING

PART 636: WILDLIFE HABITAT INCENTIVE PROGRAM

636.11 - Transfer of interest in a cost-share agreement.

(a) A participant is responsible for notifying NRCS when he or she anticipates the voluntary or involuntary loss of control of the land covered by a WHIP cost-share agreement during the term of the agreement.

(b) The participant and NRCS may agree to transfer a cost-share agreement to another potential participant. The transferee must be determined by NRCS to be eligible to participate in WHIP and must assume full responsibility under the cost-share agreement.

(c) With respect to any and all payments owed to participants who wish to transfer ownership or control of land subject to a cost-share agreement, the division of payment will be determined by the original party and that party's successor. In the event of a dispute or claim on the distribution of cost-share payments, NRCS may withhold payments without the accrual of interest pending a settlement or adjudication on the rights to the funds.

(d) If new participants are not willing or not eligible to assume the responsibilities of an existing WHIP cost-share agreement, including the O&M agreement, and the participant fails to implement the cost-share agreement, then NRCS will terminate the agreement and may require that all cost-share payments be forfeited, refunded, or both, with applicable interest in accordance with ? 636.12. Participants may be subject to liquidated damages in accordance with ? 636.12.

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