[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR634.25]

[Page 490-491]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 634_RURAL CLEAN WATER PROGRAM--Table of Contents
 
                  Subpart C_Participant RCWP Contracts
 
Sec. 634.25  Contracting.

    (a) To participate in RCWP, a landowner or operator must enter into 
a contract in which he or she agrees to apply his or her water-quality 
plan. Any person who controls, or shares control, of the farm, ranch, or 
other land for the proposed contract period (5 to 10 years) must sign 
the contract.
    (b) Cost-sharing payments cannot be provided for any measure that is 
initiated before the contract is approved by the administering agency.
    (c) The participant must furnish satisfactory evidence of his or her 
control of the farm, ranch, or other land. The administering agency is 
to determine the acceptability of the evidence and maintain current 
ownership evidence in the contract file.
    (d) RCWP contracts shall include the basic contract document, 
special provisions as needed, the participant's water-quality plan, 
schedule of operations, and any other data necessary.
    (e) NRCS or its designee shall approve the technical adequacy of the 
RCWP contract and obtain the required signature of the participants. The 
NRCS or its designee will provide the contract to the administering 
agency for certification of fund availability and for execution.

[[Page 491]]

    (f) Participants shall install best management practices according 
to the specifications that are applicable at the time measures are 
installed.
    (g) NRCS will provide technical assistance to participants for 
installing BMPs. The State Conservationist, NRCS, or its designee may 
enter into contracts with qualified soil conservation districts or 
others to provide technical assistance.
    (h) The RCWP contract is to require BMPs to be operated and 
maintained by the participant at no cost to that administering agency.
    (i) The contract period is to be not less than 5 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.
    (j) A land owner or operator may enter into a contract jointly 
(pooling ageement) with other land owners or operators to solve mutual 
water quality problems. Each participant must enter into an RCWP 
contract to treat water quality problems not covered by the joint 
arrangement.
    (k) Participants may use all available sources of assistance to 
accomplish their water-quality objectives. They are responsible for:
    (1) Accomplishing the water-quality plan;
    (2) Keeping the administering agency informed of their current 
mailing address;
    (3) Obtaining, having in hand, and maintaining any required permits 
and landrights necessary to perform the planned work;
    (4) Applying or arranging for the application of BMPs, as scheduled 
in the plan, according to approved standards and specifications;
    (5) The operation and maintenance of BMPs installed during the 
contract period; and
    (6) Obtaining the authorities, rights, easements, or other approvals 
necessary to maintain BMPs in keeping with applicable laws and 
regulations.
    (l) Unless otherwise approved by the Administrator, NRCS, and 
Administrator, EPA, the administering agency shall not enter into any 
new RCWP contracts after five (5) years of elapsed time from the date 
when RCWP funds are first made available to begin the project.
    (m) Contracts may be terminated due to hardship by mutual agreement 
if the administering agency and the State Conservationist, NRCS, 
determine that such action would be in the public interest.