1. (a) Requirements for maintenance of brush control applied using cost-share funds will be outlined in the eligible person's resource management plan and reviewed with the eligible person at the time of application for cost-share.
2. (b) A properly executed maintenance agreement shall be signed by the successful applicant prior to receipt of payment of cost-share assistance from the SWCD 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 the applied brush control has not been maintained in compliance with applicable standards and specifications for the practice during its 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 maintain the practice 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.