1. (a) Requirements for follow up treatment for brush control applied using cost-share funds will be included in the application for cost share with management recommendations outlined in the eligible person's resource management plan. These will be reviewed with the eligible person at the time of application for cost-share.
2. (b) A properly executed agreement shall be signed by the successful applicant prior to receipt of payment of cost-share assistance for brush control completed.
3. (c) The SWCD may require refund of any or all of the cost-share paid to an eligible person when acres where brush control was applied has not been managed in compliance with applicable standards and specifications for the practice and in accordance with the terms of the cost share agreement during the expected life as agreed to by the eligible person.
4. (d) In cases of hardship, death of the participant, or at the time of transfer of ownership of land where brush control has been applied using cost-share assistance and the expected life assigned the practice has not expired, the participant, heir(s), or buyer(s) respectively, must agree to properly manage the treated area or the participant, heir(s) or the buyer by agreement with seller must refund all or a portion of the cost-share funds received for the practice as determined by the SWCD. The State Board on a case by case basis in consultation with the soil and water conservation district may grant a waiver to this requirement.

Source Note:The provisions of this §517.28 adopted to be effective August 12, 1999, 24 TexReg 6092; amended to be effective August 30, 2000, 25 TexReg 8411.