Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 20 - Conservation Cost-Share Program › Section 155:20-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in 27 O.S. Ann. §§ 3-1-103 and 3-3-114, the following words and terms, when used in this document, shall have the following meanings, unless the context clearly indicates otherwise:
"Allocated funds"
means funds budgeted through the Commission and the conservation districts for cost-share payments.
"Allocation period"
means that period of time established by the Commission in which a conservation district has to obligate the allocated funds received for any program year.
"Applicant"
means an eligible person who applies for a cost-share payment from a conservation district.
"Available funds"
means monies budgeted, unobligated, and approved by the Commission for cost-share payments.
"Average cost"
means the calculated cost, determined by averaging recent actual costs and current cost estimates, considered necessary for a participant to carry out a conservation practice or a designated component of a conservation practice. Actual cost includes labor, supplies, and other direct costs required for installation of a practice.
"Case file"
means the collection of materials that is assembled and maintained for each approved application for a cost-share payment.
"Commissioners"
means the five members who are appointed by the Governor and confirmed by the Senate that make up the governing board of the state agency known as the Oklahoma Conservation Commission.
"Commission staff"
or
"staff"
means employees of the Oklahoma Conservation Commission.
"Conservation Cost-Share Fund"
means the fund created by the Oklahoma Legislature and Governor into which appropriations and other monies will be deposited for the purpose of funding activities associated with the Conservation Cost-Share Program. This fund is a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Commission to implement and maintain the Conservation Cost-Share Program.
"Conservation Cost-Share Program"
means the assumption by the state of a proportional share of the cost of installing conservation structures, conservation practices or best management practices on land for public and environmental benefits.
"Conservation plan"
means the record of decisions approved by a conservation district for applying and maintaining soil and water conservation practices on the land.
"Conservation practice"
means best management practice.
"Cost"
means the amount actually paid or engaged to be paid by the participant for equipment use, materials, and services for carrying out a conservation practice, identifiable component, or if the participant uses their own resources in carrying out an identifiable component, the constructed value of their own labor, equipment use, and materials.
"Cost-share payment"
means a disbursement of money to a participant for completed and certified cost-share conservation practices.
"Cost-share rate"
means the percentage of the total cost of implementing an approved cost-share conservation practice that will be paid by public funds.
"Deobligated funds"
means monies from a conservation district's allocated funds that have been obligated to a participant and then subsequently released.
"Designated technical representative"
means a qualified technician designated by the conservation district to determine need, design and layout of proposed conservation practices, determine compliance with applicable design standards and specifications, and certify completion of practices.
"Disbursed funds"
means funds released by the Commission for payment to participants for completed and certified cost-share conservation practices.
"District cooperator agreement"
means a written and signed agreement between a conservation district and any person or entity who owns or controls land within the district. The agreement generally states that the district will provide the cooperator with technical assistance in developing a conservation plan for land under the cooperator's control and that the cooperator will start to implement the provisions of the plan as resources become available.
"Eligible conservation practices"
means those conservation practices that have been approved by the Commission.
"Eligible person"
means any landowner or land user that is not prevented by law from participating in the Program.
"FSA"
means Farm Service Agency.
"Geographic Information System"
means an organized collection of computer hardware, software, geographic data, and personnel designed to efficiently capture, store, update, manipulate, analyze, and display all forms of geographically referenced information.
"Identifiable component"
means all of an eligible conservation practice, or a part thereof, that when carried out can be clearly identified as a segment in the sequence of carrying out the conservation practice.
"Land user"
means any person, firm, corporation, or entity who has control over a tract or tracts of land in Oklahoma such as a landowner, operator, lessee, or tenant.
"Landowner"
means any person, firm, corporation, or entity holding title to land lying within an Oklahoma conservation district.
"Legal description"
means the section, township, range, and county where a cost-share conservation practice is located.
"Life span"
means the period of time specified in the maintenance agreement and/or conservation plan during which the conservation practice is to be maintained and used for the intended purpose.
"Locally Led Conservation Initiative"
means a program activity which will address general renewable natural resource conservation issues that are causing or have the potential to cause detrimental effects to the environment.
"Maintenance agreement"
means a written agreement between the participant and a conservation district wherein the participant agrees to maintain the applied conservation practices for a period of time as established by the Commission and outlined in the applicable conservation plan.
"NRCS"
means Natural Resources Conservation Service.
"Obligated funds"
means monies from a conservation district's allocated funds that have been committed to a participant after approval of the application by the district board.
"Participant"
means an applicant whose application has been approved and funds have been obligated by the district for funding cost-share conservation practice implementation.
"Performance agreement"
means a written agreement between the participant and a conservation district wherein the participant agrees to perform conservation practices for which obligated funds are being paid.
"Priority system"
means a system devised by a conservation district, under guidelines of the Commission, for ranking approved conservation practices or for ranking applications for cost-share assistance. The system or systems devised will be used to facilitate the disbursement of allocated funds in line with a district's priorities.
"Priority watershed"
means a watershed that has been identified by the Commission as having special properties or conditions that require a watershed management plan to address the maintenance, improvement, or re-mediation of these properties or conditions through intensive nonpoint source management. Procedures that identify a priority watershed will be consistent with other state watershed priority setting systems.
"Priority Watershed Initiative"
means a program activity which will address special environmental concerns that exist within a priority watershed. Funds directed to this initiative will be used for cost-share payments to a participant who implements a conservation plan. Special cost-share rates and conservation practices may be available to participants.
"Program"
means the Conservation Cost-Share Program.
"Program initiative"
means one or both of the two program activities-the Locally Led Conservation Initiative and the Priority Watershed Initiative.
"Program year"
means a consecutive period of time established by the Commission which will be used to identify conservation cost-share practices that have been allocated funds from the Conservation Cost-Share Fund.
"State average cost"
is the arithmetic mean of the average cost of a conservation practice or a designated component of a conservation practice as submitted by the districts to the Commission. State average cost may be calculated and applied by geographic region, as determined by the Commission.
"Tracts of land"
means all land owned by the applicant/participant in a single parcel or several parcels.
Added at 15 Ok Reg 4301, eff 8-12-98 (emergency); Added at 16 Ok Reg 1355, eff 6-1-99