[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1415.11]

[Page 418-420]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1415_GRASSLAND RESERVE PROGRAM--Table of Contents
 
Sec. 1415.11  Restoration agreements.

    (a) Restoration agreements are only authorized to be used in 
conjunction with easements and rental agreements. NRCS, in consultation 
with the program participant, determines if the grassland resources are 
adequate to

[[Page 419]]

meet the participant's objectives and the purposes of the program, or if 
a restoration agreement is needed. Such a determination is also subject 
to the availability of funding. USDA may condition participation in the 
program upon the execution of a restoration agreement depending on the 
condition of the grassland resources. When the functions and values of 
the grassland are determined adequate by NRCS, a restoration agreement 
is not required. However, if a restoration agreement is required, NRCS 
will set the terms of the restoration agreement. The restoration 
agreement identifies conservation practices and measures necessary to 
restore or improve the functions and values of the grassland. If the 
functions and values of the grassland decline while the land is subject 
to a GRP easement or rental agreement through no fault of the 
participant, the participant may enter into a restoration agreement at 
that time to improve the functions and values with USDA approval and 
when funds are available.
    (b) Restoration practices are those land management, vegetative, and 
structural conservation practices and measures that will restore or 
improve the grassland ecological functions and values on native and 
naturalized plant communities. The NRCS State Conservationist, with 
advice from the State technical committee and in consultation with FSA, 
determines the conservation practices, measures, payment rates, and 
cost-share percentages, not to exceed statutory limits, available under 
GRP. A list of restoration practices approved for cost-share assistance 
under GRP restoration plans is available to the public through the local 
USDA Service Center. NRCS, working through the local conservation 
district with the program participant, determines the terms of the 
restoration agreement. The conservation district may assist NRCS with 
determining eligible restoration practices and approving restoration 
agreements. Restoration agreements do not extend past the date of a GRP 
rental agreement or easement.
    (c) Only NRCS approved restoration practices and measures are 
eligible for cost sharing. Payments under GRP restoration agreements may 
be made to the participant of not more than 90 percent for the cost of 
carrying out conservation practices and measures on grassland and 
shrubland that has never been cultivated, and not more than 75 percent 
on restored grassland and shrubland on land that at one time was 
cultivated.
    (d) Restoration plans are entered into for restoring either native 
or naturalized plant communities. When seeding is determined necessary 
for restoration, USDA gives priority to using native seed. However, when 
native seed is not available, or returning the land to native conditions 
is determined impractical by USDA, plant propagation using species that 
provide similar functions and values may be utilized.
    (e) Cost shared practices must be maintained by the participant for 
the life of the practice, as identified in the restoration agreement. 
The life of the practice must be consistent with other USDA cost shared 
or easement programs. Failure to maintain the practice is dealt with 
under the terms of the restoration agreement and may involve repayment 
of the Federal cost share plus interest.
    (f) All conservation practices must be implemented in accordance 
with the NRCS Field Office Technical Guide.
    (g) Technical assistance is provided by NRCS, or an approved third 
party.
    (h) If the participant is receiving cost share for the same practice 
from State or local government, NRCS will adjust the GRP cost share rate 
so that the combined cost share received by the participant does not 
exceed 100 percent of the total actual cost of the restoration. In 
addition, the participant cannot receive cost-share from more than one 
USDA cost-share program for the same conservation practice.
    (i) Cost share payments may be made only upon a determination by a 
qualified individual approved by the NRCS State Conservationist that an 
eligible restoration practice has been established in compliance with 
appropriate standards and specifications.
    (j) Restoration practices identified in the restoration plan may be 
implemented by the participant or other designee. Cost-share payments 
will not be

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made for practices applied prior to submitting an application to 
participate in the program.
    (k) Cost share payments will not be made for practices implemented 
or initiated prior to the approval of a rental agreement or easement 
acquisition unless a written waiver is granted by USDA at the State 
level prior to installation of the practice.