§ 625.9 - 10-year restoration cost-share agreements.

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The restoration plan developed under § 625.13 forms the basis for the 10-year cost-share agreement and its terms are incorporated therein.

A 10-year cost-share agreement will:

Incorporate all portions of a restoration plan;

Be for a period of 10 years;

Include all provisions as required by law or statute;

Specify the requirements for operation and maintenance of applied conservation practices;

Include any participant reporting and recordkeeping requirements to determine compliance with the agreement and HFRP;

Be signed by the participant;

Identify the amount and extent of cost-share assistance that NRCS will provide for the adoption or implementation of the approved conservation treatment identified in the restoration plan; and

Include any other provision determined necessary or appropriate by the NRCS representative.

Once the participant and NRCS have signed a 10-year cost-share agreement, the land will be considered enrolled in HFRP.

The State Conservationist may, by mutual agreement with the parties to the 10-year cost-share agreement, consent to the termination of the restoration agreement where:

The parties to the 10-year cost-share agreement are unable to comply with the terms of the restoration agreement as the result of conditions beyond their control;

Compliance with the terms of the 10-year cost-share agreement would work a severe hardship on the parties to the agreement; or

Termination of the 10-year cost-share agreement would, as determined by the State Conservationist, be in the public interest.

If a 10-year cost-share agreement is terminated in accordance with the provisions of this section, the State Conservationist may allow the participants to retain any cost-share payments received under the 10-year cost-share agreement where forces beyond the participant's control prevented compliance with the agreement.