§ 1942.403 - Authorities, responsibilities, and delegation of authority.

(a) SCS provides technical and financial assistance to sponsoring local organizations for developing WS and RCD area plans and for individual RCD measures or projects and watershed works of improvement.

The watershed work plan for developing, operating, and maintaining watershed works of improvement must be agreed upon by sponsoring local organizations and SCS. When approved, it is the basis for extending technical and cost-sharing assistance from watershed funds. The RCD area plan is prepared for the development of the RCD area by sponsoring local organizations with assistance from SCS and other agencies, endorsed by the Governor or by the agency designated by the Governor, and accepted by the Secretary of Agriculture or his delegate. It includes objectives, planned courses of action, and RCD measures or projects to be developed. It is amended as necessary to include continuing activities and needs in the RCD area.

(b) FmHA or its successor agency under Public Law 103-354 receives and processes applications for WS loans and SCS WS advances and RCD loans and makes and services such loans and advances.

WS loans are made by FmHA or its successor agency under Public Law 103-354 from either Pub. L. 534 (78th Cong.) funds authorized in the Flood Control Act of 1944 or Pub. L. 566 (83d Cong.) funds authorized in the Watershed Protection and Flood Prevention Act of 1954 to cover a part or all of the local cost for a watershed work of improvement.

(c) WS loans and WS advances may be made to project sponsors in watershed project areas for which:

(1) A watershed work plan has been approved administratively or by resolutions adopted by the Committee on Agriculture and Forestry of the Senate and by the Committee on Agriculture of the House of Representatives, and

(2) Federal assistance has been authorized for the installation of works of improvement by the Administrator of SCS.

(d) RCD loans may be made in areas authorized for RCD program assistance by the Secretary of Agriculture and for which an RCD plan design or area plan has been accepted by the State SCS conservationist.

(e) Delegation of authority. The State director is authorized to approve WS and RCD loans subject to limitations in FmHA instruction 1901-A and conditions of this subpart. The State director is authorized to redelegate authority in accordance with this subpart to the chief, community programs; or other members of the State office staff.

(f) SCS is responsible for providing technical and financial assistance to sponsoring local organizations for planning and developing WS and RCD areas. This includes development of WS and RCD plans and WS works of improvement and RCD measures or projects.

(g) FmHA or its successor agency under Public Law 103-354 is responsible for making and servicing WS loans and advances and RCD loans.

(h) The SCS—FmHA or its successor agency under Public Law 103-354 agreements in exhibits A and B to this subpart include further responsibilities and functions of SCS and FmHA or its successor agency under Public Law 103-354 in WS and RCD areas.