1. (a) According to the priority of an application, the SWCD shall negotiate a ten-year brush control contract with the successful applicant in the critical area subject to:

   1. (1) Guidelines established by the State Board.
   2. (2) Development of a brush control plan. As a condition for receipt of cost-share assistance for brush control, the eligible person receiving the benefit of such assistance shall agree to develop a brush control plan.
   3. (3) Signature of a 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 the State Board and the terms of the cost-share agreement. Completion of the performance agreement and the signature of the eligible person are required prior to payment.

   4. (4) Management of treated areas.

      1. (A) Requirements for follow-up brush control will be included in the cost-share contract with management recommendations outlined in the eligible person's brush control plan. These will be reviewed with the eligible person prior to signature and initiation of the cost-share contract. Requirements for follow-up brush control are subject to funding availability.
      2. (B) 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 in accordance with the terms of the cost-share contract as agreed to by the eligible person.
      3. (C) 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 term of the contract 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 SWCD, may grant a waiver to this requirement.

2. (b) Criteria to consider. In approving a contract for cost sharing, the SWCD, in accordance with criteria established by the critical area working group, shall consider:

   1. (1) whether the brush control is to be carried out in a critical area;
   2. (2) the method of control that is to be used by the applicant;
   3. (3) the plans for revegetation;
   4. (4) the total cost of the brush control;
   5. (5) the amount of land to be included;
   6. (6) whether the applicant is financially able to provide his share of the money for the brush control;
   7. (7) the cost-share percentage, if an applicant agrees to a higher degree of financial commitment;
   8. (8) any comments and recommendations of the TPWD; and
   9. (9) any other pertinent information considered necessary by the SWCD.

3. (c) Approval of contracts. The SWCD may approve a contract if, after considering the factors listed in §517.33(c) and any other relevant factors, the SWCD finds:

   1. (1) the owner of the land fully agrees to cooperate in the project;
   2. (2) the method of control is a method approved by the critical area working group; and
   3. (3) the brush control is to be carried out in a critical area designated under the State Brush Control Plan.
4. (d) On completion of the negotiations by the SWCD, it shall submit the proposed contract to the State Board for execution.
5. (e) The State Board shall examine the contract and if the State Board finds that the contract meets all the conditions established in this section and the guidelines, it shall execute the contract and provide to the individual on completion of the project the money that constitutes the state's share of the project.

6. (f) Amending contracts.

   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 contract for cost-share to the SWCD for approval or denial by the SWCD.
   2. (2) The amount of funds obligated for brush control may be adjusted, provided funds are available and the adjustment is considered a priority according to the critical area working group priority system.
   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.

Source Note:The provisions of this §517.33 adopted to be effective February 13, 2003, 28 TexReg 1209.