For the purposes of these rules the following definitions shall apply.

1. (1) Allocated funds--Funds budgeted through the State Board for cost-share assistance.
2. (2) Applicant--An eligible person who applies for cost-share assistance.
3. (3) Available funds--Allocated funds that have not been obligated.
4. (4) Average costs--The constructed cost, which is based on actual costs and current cost estimates, considered necessary to carry out a conservation practice.
5. (5) Brush control--The selective control, removal, or reduction of noxious brush such as mesquite, juniper, salt cedar, or other phreatophytes that, as determined by the State Board, consumes water to a degree that is detrimental to water conservation; and the revegetation of land on which this brush has been controlled.
6. (6) Brush control area-An area evaluated according to criteria established in §517.25 of this title and allocated cost-share funds by the Texas State Soil and Water Conservation Board.
7. (7) Brush control area working group-The working group established in each brush control area to carry out the roles and responsibilities listed in §517.28(c) of this title. Membership is made up of Soil and Water Conservation District directors from each Soil and water Conservation District in a brush control area.
8. (8) Brush control contract--A legally binding 10-year agreement between the applicant, Soil and Water Conservation District, and Texas State Soil and Water Conservation Board whereby the applicant agrees to implement all brush control practice(s) for which cost-share is to be provided in accordance with standards established by the Texas State Soil and Water Conservation Board. Only practice(s) that the Texas State Soil and Water Conservation Board has approved and are included in an approved brush control plan are eligible for inclusion in the brush control contract.
9. (9) Brush control plan--A site-specific plan for implementation of brush control, sound range management practices, and other soil and water conservation land improvement measures. It includes a record of the eligible person's decisions made during planning and the resource information needed for implementation and maintenance of the plan that has been reviewed and approved by the Soil and Water Conservation District.
10. (10) Cost-share assistance--An award of money made to an eligible person for brush control pursuant to the purpose(s) for which the funds were appropriated.
11. (11) Cost-share rate--The percent of the cost of brush control to be awarded an eligible person based on actual cost not to exceed average cost.
12. (12) Eligible land--Those lands within a brush control area that are eligible for application of brush control using cost-share assistance.
13. (13) Eligible person--Any individual, partnership, administrator for a trust or estate, family-owned corporation, or other legal entity who as an owner, lessee, tenant, or sharecropper participates in an agricultural or wildlife operation within a brush control area and is a cooperator with the local Soil and Water Conservation District shall be eligible for cost-share assistance.
14. (14) Field Office Technical Guide, herein referred to as FOTG-The official Natural Resources Conservation Service guidelines criteria, and standards for planning and applying conservation practices, management measures, and works of improvement that have the purpose of solving or reducing the severity of natural resource use problems or taking advantage of resource opportunities.
15. (15) Natural Resources Conservation Service, herein referred to as NRCS--An agency of the United States Department of Agriculture.
16. (16) Operator--Any person(s), firm or corporation with a contractual arrangement with the owner of the land that grants operational control of an agricultural enterprise.
17. (17) Obligated funds--Monies from a brush control area's allocated funds that have been committed to an applicant after final approval of the brush control contract by the Soil and Water Conservation District and Texas State Soil and Water Conservation Board.
18. (18) Performance agreement--A component of the brush control contract whereby the eligible person receiving the benefit of cost-share assistance provides written agreement to the Soil and Water Conservation District to perform brush control in accordance with standards established by the Texas State Soil and Water Conservation Board and the terms of the brush control contract.
19. (19) Priority system--The system devised collectively by the brush control area working group, under guidelines of the State Board, for ranking brush control applications and for facilitating the disbursement of allocated funds in line with the brush control area's priorities.
20. (20) Program year--The period from September 1 through August 31.
21. (21) Soil and Water Conservation District, herein referred to as SWCD-A government subdivision of this state and a public body corporate and politic, organized pursuant to the Agriculture Code of Texas, Chapter 201.
22. (22) State Board--The Texas State Soil and Water Conservation Board organized pursuant to the provisions of the Agriculture Code of Texas, Chapter 201.
23. (23) Texas Department of Agriculture, herein referred to as TDA--The government agency of this state organized pursuant to the Agriculture Code of Texas, Title 2, Chapter 11.
24. (24) Texas Parks and Wildlife Department, herein referred to as TPWD-The government agency of this state organized pursuant to the Parks and Wildlife Code of Texas, Title 2, Chapter 11.
25. (25) Texas Water Development Board, herein referred to as TWDB-The government agency of this state organized pursuant to the Water Code of Texas, Title 2, Subtitle A, Chapter 6.
26. (26) Water Conservation--The process of reducing water consumption and/or preventing future increases in water consumption. As related to the Brush Control Program, the process of reducing water consuming brush and subsequently, the enhancement of available water resources.

Source Note:The provisions of this §517.23 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651.