1. (a) The State Board has delegated the responsibilities in this section to the SWCDs.

2. (b) Establishment and composition of critical area working group.

   1. (1) In each brush control area allocated funding by the State Board, a brush control area working group shall be established, composed of SWCD directors from each SWCD in the brush control area.
   2. (2) The State Board shall serve as the facilitator for the brush control area working group.
   3. (3) Agencies, universities, landowners and appropriate local interests may serve in an advisory capacity to the brush control area working group, but shall not have voting privileges.

   4. (4) The brush control area working group shall hold an organizational meeting to:

      1. (A) establish final membership

         1. (i) SWCDs may elect to not participate by providing written notification of their decision.
         2. (ii) In establishing the membership, each participating SWCD shall have one vote.
         3. (iii) As approved by participating SWCDs within a brush control area, SWCDs may be allowed to have more than one SWCD director serve on the brush control area working group.
         4. (iv) Once final membership is established, each member shall have one vote only.

      2. (B) establish operating procedures

         1. (i) The brush control area working group shall elect a chairman.
         2. (ii) The brush control area working group shall establish the quorum necessary for decision-making. Only those members present shall be eligible to vote. Voting by proxy shall not be allowed.
         3. (iii) The brush control area working group may establish attendance requirements and other necessary procedures.

3. (c) The brush control area working group shall:

   1. (1) designate, from the State Board approved list, those brush control methods that will be eligible for cost-share;
   2. (2) establish maximum cost-share rates not to exceed maximums set by the State Board in §517.29(d);
   3. (3) develop average cost annually for each practice designated not to exceed costs established by the State Board;
   4. (4) establish annually the maximum amount of cost-share available to each applicant not to exceed the maximum set by the State Board;
   5. (5) administer the cost-share program within the funds allocated by the State Board;
   6. (6) establish, under guidelines of the State Board, the priority system to be used for evaluation of applications;
   7. (7) establish the period(s) of time for accepting applications;
   8. (8) announce the cost-share program;
   9. (9) establish the minimum amount of brush acreage that must be enrolled within sub-basins of the brush control area in order to qualify for funding;
   10. (10) prioritize applications under the working group approved priority system; and
   11. (11) submit meeting minutes, membership, and established operating procedures to the State Board.

4. (d) Each SWCD in the brush control areas allocated funding shall:

   1. (1) accept and process cost-share applications;
   2. (2) keep accurate records and logs of applications;
   3. (3) determine eligibility for cost-share assistance according to the criteria listed in §517.30. If an applicant's land is in more than one SWCD, the respective SWCDs will review the application and agree to oversee all works and administrate all contracts from one SWCD or prorate between the SWCDs;
   4. (4) provide or arrange for technical assistance for eligible applicants according to priority established by the brush control area working group;
   5. (5) examine brush control plans and contracts to assure inclusion of all necessary information and exhibits and that the criteria established in §517.33 are met;
   6. (6) prepare comments and recommendations relating to the brush control plan and contract for submittal to the State Board;
   7. (7) approve brush control plans and contracts that meet FOTG requirements on management units included in the brush control plan;
   8. (8) forward SWCD approved brush control plans and contracts to the State Board for quality control and execution of contract;
   9. (9) once approved by the State Board, notify the applicant that his/her contract has been approved for cost-share and to proceed with implementation as outlined in the applicant's brush control plan;
   10. (10) file a copy of the approved contract;
   11. (11) certify to the State Board that conservation land treatment measures have been completed according to standards and specifications prior to payment;
   12. (12) submit required reports to the State Board; and
   13. (13) as directed by the State Board, manage any problem that arises under a cost-sharing contract for brush control in that SWCD and report to the State Board.

Source Note:The provisions of this §517.28 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651.