7 CFR §636.9

1. (a)To apply for WHIP cost-share assistance, a person, tribe, or legal entity must submit an application for participation at a USDA Service Center to an NRCS representative.
2. (b)A WHIP cost-share agreement will:
   1. (1)Incorporate the WHIP plan of operations;
   2. (2)Be for a time period agreed to by the participant and NRCS, with a minimum duration of one year after the completion of conservation activities identified in the WHIP plan of operations and a maximum of 10 years, except for agreements entered into under paragraph (c) of this section;
   3. (3)Include all provisions as required by law or statute;
   4. (4)Include any participant reporting and recordkeeping requirements to determine compliance with the cost-share agreement and program;
   5. (5)Be signed by the participant;
   6. (6)Specify payment limits described in § 636.7(f) including any additional payment limitation associated with determinations made under § 636.7(g);
   7. (7)Include an O&M agreement that describes the O&M for each conservation activity and the agency expectation that WHIP-funded conservation activities will be operated and maintained for their expected lifespan; and
   8. (8)Include any other provision determined necessary or appropriate by the NRCS representative.
3. (c)Notwithstanding any limitation of this part, NRCS may enter into a long-term cost-share agreement that:
   1. (1)Is for a term of at least 15 years;
   2. (2)Protects and restores essential plant or animal habitat, as determined by NRCS; and
   3. (3)Provides cost-share payments of no more than 90 percent of the cost of implementing the WHIP plan of operations to develop fish and wildlife habitat.