1. (a) Responsibility of applicants. Applicants for cost-share assistance for brush control:

   1. (1) shall complete a district cooperative agreement if the applicant is not already a district cooperator;
   2. (2) where an applicant does not have an approved resource management plan and has not determined the anticipated total cost of the proposed measure(s), he/she shall obtain a resource management plan approved by the local SWCD;
   3. (3) shall complete and submit an application for cost share based on the approved resource management plan to the SWCD;
   4. (4) after being notified of approval and obligation of funds by the district, shall request technical assistance through the district to design and lay out the approved brush control or request approval of alternate sources of technical assistance;
   5. (5) shall secure any approved contractor(s) needed and all contractual or other agreements necessary to perform the approved brush control. Cost-share will not be allowed for work begun before the application is approved;
   6. (6) shall complete and sign a performance agreement and any amendments to the agreements;
   7. (7) shall supply the documents necessary to verify completion of the approved brush control along with copies of receipts for work to be cost shared.

2. (b) Responsibilities of SWCDs. SWCDs shall:

   1. (1) approve resource management plans;
   2. (2) establish the period(s) of time for accepting applications and announce the cost-share program locally;
   3. (3) accept cost-share applications at the SWCD's office;
   4. (4) determine eligibility of lands and persons for cost-share assistance. If an applicant's land is in more than one SWCD, the respective SWCD boards of directors will review the application and agree to oversee all works, administrate all contracts and obligate all funds from one SWCD or prorate the funding between SWCDs;
   5. (5) give initial approval to those applications that meet the eligibility requirements;
   6. (6) evaluate the initially approved applications under the SWCD's priority system and give final approval to the high priority applications that can be funded by the SWCD's allocated funds;
   7. (7) obligate funds for the approved brush control that can be funded and notify the applicants that his/her application has been approved for cost-share and to proceed with implementation as outlined in the applicant's plan;
   8. (8) determine compliance with standards and specifications and certify completed brush control that meet standards.

3. (c) Amended applications for allocated funds.

   1. (1) In the event that an adjustment to the estimated cost of brush control is necessitated by the final design, the applicant shall either agree to assume the additional cost or complete and submit an amendment to his/her application for cost share to the SWCD for approval or denial by the SWCD.
   2. (2) The SWCD may elect to adjust the amount of funds obligated for brush control, provided funds are available, or to request additional funds from the State Board.
   3. (3) In the event additional funds are not available, the brush control may be redesigned, if possible, to a level commensurate with available funds, provided the redesign still meets standards established by the State Board; or the applicant can agree to assume full financial responsibility for the portion of the cost of brush control in excess of the amount authorized.
4. (d) Performance agreement. As a condition for receipt of cost-share assistance for brush control, the eligible person receiving the benefit of such assistance shall agree to perform the brush control in accordance with standards established by Texas State Soil and Water Conservation Board and the terms of the cost share agreement. Completion of the performance agreement and the signature of the eligible person is required prior to payment.

5. (e) Payment to recipients.

   1. (1) The SWCD shall determine eligibility of the applicant to receive payment of cost-share assistance, and provide certification to the state board that measure(s) have been installed consistent with established standards.
   2. (2) The state board shall cause payment for cost share assistance to be issued to the applicant.
   3. (3) Partial payment can be requested for identifiable units or components of approved brush control methods as they are completed, provided required management can be applied.
6. (f) Applications held in abeyance because of lack of funds. In those cases where funds are not available, the applications will be held by the SWCD until allocated funds become available or until the end of the program year. When additional funds are received, the SWCD will obligate those funds. The SWCD may shift all unfunded applications held in abeyance because of lack of funds that are on hand at the end of a program to the new program year or require all new applications as it deems appropriate.
7. (g) Applications denied for reasons other than lack of funds. Applications for funds which are denied by the SWCD directors for other than lack of funds shall be retained in the records of the SWCD in accordance with the SWCD's established record retention policy. Written notification of the denial shall be provided to the applicant along with the reason(s) that the application was denied.
8. (h) Applications withdrawn. An application may be withdrawn by the applicant at any time prior to receipt of cost-share assistance by notifying the SWCD in writing that withdrawal is desired. Applications withdrawn by the applicant shall be retained in the records of the district in accordance with the SWCD's established record retention policy.

9. (i) Appeals.

   1. (1) An applicant may appeal the SWCD decisions relative to his/her application for allocated funds.
   2. (2) The applicant shall make any appeal in writing to the SWCD which received his/her application for allocated funds and shall set forth the basis for the appeal.
   3. (3) The SWCD shall have 60 days in which to make a decision and notify the applicant in writing.
   4. (4) The decision of the SWCD may be appealed by the applicant to the state board.
   5. (5) All appeals made to the state board shall be made in writing and shall set forth the basis for the appeal.
   6. (6) All state board decisions shall be final.

Source Note:The provisions of this §517.27 adopted to be effective August 12, 1999, 24 TexReg 6092; amended to be effective August 30, 2000, 25 TexReg 8411.