---
kind: "section"
citation: "7 C.F.R. § 636.9"
title: "7"
number: "636.9"
heading: "Cost-share agreements."
url: "https://uscodex.org/cfr/7/636.9"
---

# §636.9. Cost-share agreements.

- (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.
- (b) **A WHIP cost-share agreement will—**
  - (1) Incorporate the WHIP plan of operations;
  - (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)](#c) of this section;
  - (3) Include all provisions as required by law or statute;
  - (4) Include any participant reporting and recordkeeping requirements to determine compliance with the cost-share agreement and program;
  - (5) Be signed by the participant;
  - (6) Specify payment limits described in [§ 636.7(f)](/cfr/7/636.7.md?p=f) including any additional payment limitation associated with determinations made under [§ 636.7(g)](/cfr/7/636.7.md?p=g);
  - (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) **Include any other provision determined necessary or appropriate by the NRCS representative.**
- (c) Notwithstanding any limitation of this part, NRCS may enter into a long-term cost-share agreement that:
  - (1) Is for a term of at least 15 years;
  - (2) Protects and restores essential plant or animal habitat, as determined by NRCS; and
  - (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.

## Notes

### Authority

Authority: 16 U.S.C. 3839bb-1.

### Source

Source: 75 FR 71338, Nov. 23, 2010, unless otherwise noted.