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.

A WHIP cost-share agreement will:

Incorporate the WHIP plan of operations;

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;

Include all provisions as required by law or statute;

Include any participant reporting and recordkeeping requirements to determine compliance with the cost-share agreement and program;

Be signed by the participant;

Specify payment limits described in § 636.7(f) including any additional payment limitation associated with determinations made under § 636.7(g);

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

Include any other provision determined necessary or appropriate by the NRCS representative.

Notwithstanding any limitation of this part, NRCS may enter into a long-term cost-share agreement that:

Is for a term of at least 15 years;

Protects and restores essential plant or animal habitat, as determined by NRCS; and

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.