[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR634.4]

[Page 408-412]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 634--RURAL CLEAN WATER PROGRAM--Table of Contents
 
                           Subpart A--General
 
Sec. 634.4  Responsibilities.

    (a) Environmental Protection Agency (EPA) will--
    (1) Approve 208 water quality management plans,
    (2) Participate in the National and State Rural Clean Water 
Coordinating Committees,
    (3) Review and concur in project applications approved for funding 
in accordance with Sec. 634.14,
    (4) Advise the Secretary of Agriculture of practices which tend to 
defeat the purposes of contracts with rural landowners or operators in 
accordance with section 208(j)(1)(iv) of the act,
    (5) Assist USDA in evaluating the effectiveness of the program in 
improving water quality, and
    (6) Concur in the selection of project areas and the criteria for 
comprehensive, joint USDA-EPA water quality monitoring, evaluation, and 
analysis in accordance with Sec. 634.50.
    (b) U.S. Department of Agriculture (USDA) will--
    (1) With the concurrence of EPA, administer a program to enter into 
contracts to install and maintain best management practices to control 
agricultural nonpoint source pollution for improved water quality,
    (2) Act through NRCS and such other USDA agencies as the Secretary 
may designate,
    (3) Provide technical assistance and share the cost of carrying out 
best management practices that are set forth in the contracts,
    (4) Where practicable, enter into agreements with soil conservation 
districts, State soil and water conservation agencies, or State water 
quality agencies to administer all or part of the program for a project 
area,
    (5) Administer the program where it is not practicable for soil 
conservation districts, State soil and water conservation agencies, or 
State water quality agencies to administer all or part of the program 
for a project area,
    (6) Together with local soil conservation districts, determine the 
priorities for assistance to individual participants to assure that the 
most critical water quality problems are addressed,
    (7) Assist in evaluating the overall effectiveness of the program in 
improving water quality, and
    (8) Within the framework of the 208 planning process, make 
additional investigations or plans, where necessary, to supplement 
information contained in the approved agricultural portion of 208 water 
quality management plans for the purpose of selecting among projects to 
be funded.
    (c) Natural Resources Conservation Service (NRCS) will--
    (1) Provide RCWP leadership,
    (2) Retain major technical responsibility for RCWP, and provide 
leadership to assure the adequacy of standards and specifications for 
use by all administering agencies,

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    (3) Manage budgeting, accounting, and reporting,
    (4) Chair NRCWCC and assure that RCWP applications are distributed 
to the NRCWCC, including EPA, for review,
    (5) For the Secretary of Agriculture, with the concurrence of the 
Administrator, EPA, approve RCWP projects for funding,
    (6) For the Secretary of Agriculture, select and enter into 
agreements with either soil conservation districts, State soil and water 
conservation agencies, or State water quality agencies, where 
practicable, to adminster all or part of the program,
    (7) Enter into fund transfer agreements to transfer funds to ASCS in 
those instances where the administration of contracts is retained by 
USDA,
    (8) Enter into agreements with other USDA agencies, as appropriate, 
for support which they are to provide,
    (9) Chair SRCWCC,
    (10) For the Secretary of Agriculture, in coordination with NRCWCC, 
determine the maximum Federal contribution to the total cost of the 
project,
    (11) Provide technical assistance through soil conservation 
districts or arrange for other Federal, State, local agencies, or 
private individuals or firms to provide technical assistance as 
appropriate,
    (12) Provide technical assistance to soil conservation districts and 
County Agricultural Stabilization and Conservation (ASC) Committees to 
assist them in determining priorities of assistance among individual 
participants,
    (13) Develop appropriate technical and administrative training 
programs,
    (14) Provide leadership for USDA for comprehensive joint USDA-EPA 
water quality monitoring, evaluation, and analysis in selected project 
areas,
    (15) Provide leadership for USDA in evaluating the effectiveness of 
the program in improving water quality,
    (16) Carry out the function of soil conservation districts for 
approving water quality plans where no soil conservation district 
exists, and
    (17) Through the State Conservationist, after considering 
recommendations of the SRCWCC, reach agreement with the Governor on the 
recommended administering agency to be included in the project 
application.
    (d) The Agricultural Stabilization and Conservation Service (ASCS) 
will--
    (1) Participate on the National, State, and local coordinating 
committees.
    (2) Provide guidance to State and County ASC Committees and 
coordinate the Agricultural Conservation Program (ACP) and the Forestry 
Incentives Program (FIP) with RCWP,
    (3) Where the administration of contracts is retained by USDA, enter 
into agreements with NRCS for the transfer of funds to be allocated to 
County ASC Committees,
    (4) Consolidate reports of the annual cost-share disbursements made 
by the State ASC Committee, and report these disbursements to NRCS,
    (5) Furnish data on land use, crop history, and cost-shared 
conservation measures,
    (6) Review plans and contracts to assure coordination with other 
farm programs, and
    (e) The Forest Service (FS) will--
    (1) Retain technical responsibility for forestry,
    (2) Provide technical assistance through the State forestry agency 
(State Forester as appropriate) for planning, applying, and maintaining 
forestry best management practices, and
    (3) Participate on the National, and as appropriate, State, and 
local coordinating committees.
    (f) The Science and Education Administration (SEA) will--
    (1) Develop, implement, and coordinate educational programs for 
agricultural nonpoint source water pollution control,
    (2) Participate on the National, and as appropriate, State, and 
local coordinating committees, and
    (3) Provide technical assistance for appropriate BMP's.
    (g) The Economics, Statistics, and Cooperatives Service (ESCS) will:
    (1) Participate on the National coordinating committee and, as 
appropriate, particpate in State, and local coordinating committee 
activities,
    (2) Assist in the economic evaluation of best management practices 
and RCWP projects,

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    (3) Make data available from existing and planned ESCS surveys 
relating to water quality and related matters,
    (4) Assist in RCWP evaluation by making available the ESCS land and 
water resource economic modeling systems, and
    (5) Conduct socioeconomic research, within ESCS authorities and 
funds, on relevant policy and program issues pertinent to RCWP.
    (h) The Farmers Home Administration (FmHA) will--
    (1) Participate on the National, and as appropriate, State and local 
coordinating committees, and
    (2) Provide assistance and coordinate their farm loan and grant 
programs with RCWP.
    (i) The NRCWCC is chaired by the Administrator, NRCS. Other members 
of the National Committee are the Administrators of ASCS, FmHA, and 
ESCS; the Chief of FS; the Director of SEA; and the Assistant 
Administrator for Water and Waste Management, EPA. Non-Federal agencies 
such as conservation districts, State soil and water conservation 
agencies, State water quality agencies, and other organizations are 
invited to attend as observers. The duties of the Committee are to:
    (1) Coordinate individual agency programs with the Rural Clean Water 
Program,
    (2) Recommend to the Administrator, NRCS, the project applications 
to be funded,
    (3) Advise the Administrator, NRCS, on the maximum Federal 
contribution to the total cost of the project,
    (4) Assist the Administrator, NRCS, in mediating agency differences 
at the State level,
    (5) Periodically advise the Secretary and Assistant Secretary for 
Conservation, Research and Education of program and policy issues, and
    (6) Recommend project areas and criteria for comprehensive, joint 
USDA/EPA water quality monitoring, evaluation, and analyses.
    (j) The SRCWCC is chaired by the State Conservationist, NRCS. Other 
members of the State committee are the State 208 water quality agency, a 
designated representative of the areawide agencies, the State soil and 
water conservation agency, a designated representative of soil and water 
conservation districts, other State and local agencies or individuals as 
the Governor deems appropriate, and representatives of the agency 
members of the NRCWCC. The duties of the committee are to insure that a 
process exists:
    (1) To consult with the Governor or his designee on the Governor's 
determination of priority project areas,
    (2) To assure coordination of activities at the project level by 
assisting in determining the composition and responsibilities of the 
local rural clean water coordinating committee,
    (3) To prepare the RCWP applications for the Governor to submit to 
the State Conservationist, NRCS, based on priorities established by the 
Governor,
    (4) To incorporate adequate public participation, including public 
meeting(s), and appropriate environmental assessment in the preparation 
of RCWP applications,
    (5) To monitor and evaluate the RCWP in the State and to assist USDA 
and EPA in their comprehensive, joint water quality monitoring and 
evaluation of selected project areas in accordance with Sec. 634.50,
    (6) To develop procedures for coordination between conservation 
districts and county ASC committees and between RCWP and other water 
quality programs at the local level,
    (7) To assist the State Conservationist, NRCS, in mediating agency 
differences at the local level,
    (8) To initiate a written agreement setting forth any or all of the 
above activities when the Governor and the Secretary of Agriculture or 
his designee deem it appropriate, and
    (9) To make recommendations to the State Conservationist, NRCS, 
concerning the selection of the administering agency to be included in 
the project application.
    (k) The State soil and water conservation agency will, as 
appropriate:
    (1) Assist in preparing and submitting applications for RCWP,
    (2) Administer all or part of the RCWP for a project area,
    (3) Carry out the responsibilities of soil conservation districts 
for determining priority for assistance among

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individual participants where no soil conservation district exists, and
    (4) Participate on the State and local coordinating committees.
    (l) The State 208 water quality agency will, as appropriate:
    (1) Assist in preparing and submitting applications for rural clean 
water projects,
    (2) Administer all or part of the RCWP for a project area,
    (3) Participate on the State and local coordinating committees, and
    (4) Assist in monitoring and evaluating the water quality 
effectiveness of projects.
    (m) The soil conservation district will:
    (1) As appropriate, assist in the preparation and submission of 
applications for rural clean water projects,
    (2) As appropriate, administer all or part of the RCWP in a project 
area.
    (3) As appropriate, participate on the local coordinating 
committees,
    (4) Approve participants' water quality plans, and
    (5) Together with the county ASC Committee, determine the priority 
for assistance among individual participants to assure that the most 
critical water quality problems are addressed.
    (n) The county ASC committee will:
    (1) Together with the soil conservation district, determine the 
priorty for assistance among individual participants to assure that the 
most critical water quality problems are addressed,
    (2) Receive applications for assistance for individual participants 
where USDA retains administration of the program,
    (3) Make cost-share payments to individual participants where USDA 
retains administration of the program, and
    (4) As appropriate, participate on the local coordinating 
committees.
    (o) The designated management agency(s) for the agricultural portion 
of a 208 plan for the project area will:
    (1) Assist in preparing and submitting an application for a rural 
clean water project in an area for which they were designated,
    (2) Submit a letter, as part of the project application, certifying 
that the BMP's proposed for cost sharing are consistent with the BMP's 
in the approved 208 plan,
    (3) Submit a letter, including a schedule, giving assurance that an 
adequate level of participation in the project will be achieved within 5 
years, and
    (4) As appropriate, serve as the administering agency.
    (p) The administering agency will:
    (1) As appropriate, enter into a grant agreement or fund transfer 
agreement with the Natural Resources Conservation Service for:
    (i) Receiving funds from the Natural Resources Conservation Service 
for administrative costs, cost sharing, and technical assistance, as 
appropriate, associated with carrying out the project,
    (ii) Establishing detailed work schedules in accordance with the 
approved project application,
    (iii) Establishing the maximum amount of administrative costs 
chargeable to the grant,
    (iv) Establishing an adequate financial management system,
    (v) Preparing a cost allocation plan,
    (vi) Monitoring and reporting performance,
    (vii) Reviewing applications for assistance from landowners or 
operators,
    (viii) Certifying availability of funds, and
    (ix) Complying with OMB Circular A-102 and other appropriate 
regulations,
    (2) Enter into contracts with participants for the installation and 
maintenance of BMP's based on water quality plans developed by 
participants,
    (3) Make cost-share payments to participants upon receipt of 
certification by NRCS,
    (4) Issue modifications to participant RCWP contracts,
    (5) Develop average cost rates for each practice applicable in the 
project area.
    (6) Sample and inspect materials used in the installation of BMP's,
    (7) Establish a contract violations and appeals and collections 
process,
    (8) Provide for public involvement in the implementation of RCWP in 
a project area, and maintain a mailing list of interested individuals 
and organizations for informing the public

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about the activities contemplated and carried out in the project area, 
and
    (9) Maintain records, provide necessary facilities, personnel, and 
legal counsel for carrying out these responsibilities.
    (q) The Governor of each State will:
    (1) In order to qualify for assistance under RCWP:
    (i) Establish priorities for RCWP project areas in the State,
    (ii) Coordinate the development of RCWP project applications with 
the SRCWCC and local agencies,
    (iii) Submit, in order of priority, RCWP project applications to the 
Administrator, NRCS, through the State Conservationist, NRCS, and
    (iv) Recommend an eligible State or local agency to serve as the 
administering agency of the project, or request USDA to be the 
administering agency.
    (2) Where appropriate, with the State Conservationist, NRCS, set 
forth the activities of the SRCWCC in a written agreement,
    (3) Assign additional State and local agencies or individuals to 
membership on the SRCWCC, as appropriate, and
    (4) Reach agreement with the State Conservationist, NRCS, in 
selecting the administering agency.