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Title 7: Agriculture
Subtitle B: Regulations of the Department of Agriculture (Continued)
CHAPTER VII: FARM SERVICE AGENCY, DEPARTMENT OF AGRICULTURE
SUBCHAPTER A: AGRICULTURAL CONSERVATION PROGRAM
PART 700: EXPERIMENTAL RURAL CLEAN WATER PROGRAM
Subpart C: Participant's RCWP Contracts
700.25 - RCWP contract.
(a) In order to participate in the RCWP, each landowner, operator, or person who controls or shares in the control of a tract of land on which one or more of the BMP's will be performed must execute the RCWP contract in which they agree to carry out the water quality plan.
(b) The participant must furnish satisfactory evidence of his or her control of the tract of land on which one or more of the BMP's will be performed.
(c) Cost-sharing payments cannot be provided for any measure that is initiated before the contract is approved by the County ASC Committee.
(d) RCWP contracts shall include the basic contract document, the participant's water-quality plan, schedule of operations, and special provisions as needed.
(e) Technical assistance will be provided to participants to develop the water quality plan and to install BMPs.
(f) SCS or its designee shall approve the technical adequacy of the Water Quality Plan.
(g) Participants shall install BMPs according to the specifications that are applicable at the time the contract is signed or the measures are installed.
(h) The contract period is to be not less than 3 and not more than 10 years. A contract is to extend for at least 1 year after the application of the last cost-shared BMPs. All contract items are to be accomplished prior to contract expiration.
(i) BMPs are to be maintained by the participant at no cost to the RCWP.
(j) All BMPs in the water-quality plan shall be maintained for the established life span of the BMP.
(k) The County ASC Committee in consultation with the LCC shall establish a BMP life span for each BMP offered in the approved project area. Each BMP cost-shared shall have a life span of at least 5 years, unless otherwise approved by the Administrator, FSA.
(l) A participant may enter into a pooling agreement with other participants to solve mutual water quality problems.
(m) Participants are responsible for:
(1) Accomplishing the water quality plan.
(2) Obtaining and maintaining any required permits and easements necessary to perform the planned work.
(3) Applying or arranging for the application of BMPs, as scheduled in the plan, according to approved standards and specifications.
(4) The operation and maintenance of BMPs installed during the contract period.
(5) Obtaining the authorities, rights, easements, or other approvals necessary to maintain BMPs in keeping with applicable laws and regulations.
(n) Unless otherwise approved by the NCC, the County ASC Committees shall not enter into any new RCWP contracts after five (5) years from the date when RCWP funds are first made available to the project.
(Pub. L. 96-108, 98 Stat. 821, 835 and Pub. L. 96-528, 94 Stat. 3095, 3111)
[45 FR 14009, Mar. 4, 1980, as amended at 48 FR 42803, Sept. 20, 1983]
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