SECTION 529.7. Reimbursements and Reporting Non-State Funded Match

(a) Reimbursement requests. Reimbursement requests for O&M activities are subject to approval by the State Board and must be submitted on forms provided by the State Board.

(b) O&M agreements required.

(1) An O&M agreement must be filed with the State Board at all times for reimbursement of O&M activities. If any amendment is made to an O&M agreement on file with the State Board, the amended O&M agreement must be submitted to the State Board prior to receiving reimbursement of a request for O&M activities performed under the amended agreement. Failure to submit amended O&M agreements may result in reimbursement requests not being approved by the State Board.

(2) If any sponsor to an O&M agreement determines that the agreement has expired or is otherwise legally invalid so that participation in this program is prohibited or not feasible, then the participating sponsors shall immediately notify the State Board. The participating sponsors shall submit a new O&M agreement within six months of notification to the State Board.

(c) Payment. Upon satisfactory receipt of a reimbursement request, signature of certification, and other required documentation, the State Board shall cause payment to be issued. Payment for a specific O&M activity may not be made until the activity is completed in its entirety for the flood control dam. All needed O&M activities do not need to be completed prior to reimbursement for a single O&M activity on a flood control dam.

(d) In-kind contributions. In-kind contributions intended to satisfy a non-state funded match requirement must be reported on the reimbursement request form at rates approved by the State Board.

(e) Reimbursement only. Payment will be made on a reimbursement basis only. State money may not be provided in advance.

(f) Purchasing easements. Reimbursement of the purchasing of easements for the purposes of performing O&M activities may be approved by the State Board at their discretion. All requests to use O&M grant funds for the purchasing of easements must be approved by the State Board prior to the purchase.

(g) Certification. Reimbursement requests must be approved by an official act of the SWCD and be certified with the signature of the SWCD chairman. Certification of a reimbursement request means the O&M activities listed on the request have been performed to the satisfaction of the SWCD and represents authorization for the State Board to consider causing payment to the contractor identified on the reimbursement request. An eligible SWCD may conduct a vote during an official SWCD meeting to designate a different director or directors of the SWCD other than the chairman to certify by signature on behalf of the SWCD outside of an official SWCD meeting. Designation of an alternate SWCD director or directors for purposes of certifying a reimbursement request must be noted in the official minutes of the SWCD meeting. If the reimbursement request includes O&M activities for which the State Board has adopted a technical standard, an employee of the State Board or the NRCS must certify by signature on the reimbursement request that the O&M activity was performed in accordance with the applicable technical standard prior to the reimbursement request being submitted to the State Board.

Source Note: The provisions of this §529.7 adopted to be effective October 14, 2009, 34 TexReg 7089