Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 529 - FLOOD CONTROL › Subchapter A - OPERATION AND MAINTENANCE GRANT PROGRAM › Section 529.3 - Administration of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) General Fiscal
				  Provisions. Eligible SWCDs must comply with any applicable provisions within
				  the Manual of Fiscal Operations for Soil and Water Conservation Districts at
				  all times. The Manual of Fiscal Operations for Soil and Water Conservation
				  Districts is approved and periodically amended by the State Board and is
				  available on the State Board's website; hardcopies of this manual may be
				  requested from the State Board.
(b)
				  Sources of funding. Any funding available for O&M grants during a fiscal
				  year will be determined by the State Board out of general revenue appropriated
				  by the Texas Legislature. The amount of funding available for O&M grants
				  will be determined by the State Board for each fiscal year. Other sources of
				  funding may be used for O&M grants by the State Board if applicable and
				  when available. Funds will be allocated by the State Board to eligible SWCDs
				  for use during the fiscal year for which the funds were appropriated, unless
				  the State Board has executed a contract with an eligible SWCD that allows for
				  liquidation of the obligated amount over a period of time that extends beyond
				  the fiscal year.
(c) Allocation and
				  reimbursement. Funds will be administered through an allocation and
				  reimbursement process as specified in §
										529.5 of this
				  subchapter (relating to Allocation of Funds) and §
										529.7
				  of this subchapter (relating to Reimbursements and Reporting Non-State Funded
				  Match).
(d) Activities eligible for
				  reimbursement. Funds may only be used to reimburse eligible SWCDs and
				  subcontractors of their choosing for costs associated with the performance of
				  O&M activities as defined by this subchapter on flood control dams.
				  Eligible SWCDs desiring reimbursement of any activity not specifically listed
				  as an O&M activity in §
										529.2(9)
				  of this subchapter (relating to Definitions) must contact the State Board prior
				  to initiating the activity for approval. Other activities for which the State
				  Board may reimburse eligible SWCDs and subcontractors include the purchasing of
				  pesticides by the eligible SWCD for use by the SWCD or a subcontractor during
				  the course of carrying out an O&M activity, the purchasing of easements,
				  the administrative costs of eligible SWCDs associated with O&M activities,
				  and any other O&M-related activities that are approved by the State Board
				  at their discretion.
(e) Non-state
				  funded matching requirement. All O&M reimbursement requests will be paid by
				  the State Board at 90-percent of the total reimbursement request amount. Ten
				  (10) percent of the total reimbursement request amount must be paid through
				  funds not originating from state appropriations. Reimbursement requests for
				  O&M activities maybe paid by the State Board up to 100-percent if the flood
				  control dam on which the activities were performed is a part of a watershed
				  project where the original O&M agreement did not include at least one
				  sponsor empowered by the State of Texas to levy taxes.
(f) In-kind match contributions. All or a
				  portion of the non-state funded matching requirement may be satisfied through
				  "in-kind" contributions. In-kind contributions must be reported to the State
				  Board on an in-kind match reporting form. In-kind match performed prior to the
				  start of the current biennium is not eligible for use as non-state funded
				  match. In-kind match reported in excess of the required amount for a single
				  reimbursement request may be recorded by the State Board for use by eligible
				  SWCDs on future reimbursement requests within the current biennium. In-kind
				  match may not be carried forward into a new biennium. All aspects of
				  reimbursement requests and the legitimacy of reported in-kind match are subject
				  to review and approval by the State Board. In-kind match will be reported at
				  rates approved by the State Board.
(g) Standardized rates for in-kind
				  contributions of O&M activities. A standardized set of rates for certain
				  O&M activities will be adopted by the State Board for use in determining
				  the value of in-kind contributions. Standardized rates adopted by the State
				  Board will be made available to eligible SWCDs upon notification of
				  allocation.
(h) Administrative
				  costs of eligible SWCDs. Eligible SWCDs may request a payment for compensation
				  of their administrative costs in an amount not to exceed five (5) percent of
				  the reimbursed amount. Payments for administrative costs must be reported on a
				  reimbursement request at the time of its submission to the State
				  Board.
(i) Utilizing O&M grant
				  funds for structural repair on flood control dams. The State Board, at their
				  discretion, may consider approving the use of O&M funds for structural
				  repair. All requests to use O&M grant funds for structural repair must
				  specify the type of structural repair intended to be performed and must be
				  submitted in writing to the State Board. All requests to use O&M grant
				  funds for structural repair are subject to review and approval by the State
				  Board. Copies of quotations and bid documents must be provided to the State
				  Board upon request. If concurrence from the NRCS and/or TCEQ must be obtained
				  for the specific repair activity, such concurrence must be obtained and
				  provided in writing to the State Board prior to submitting the request for the
				  use of O&M grant funds for structural repair.