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

1. (1) Allocated funds--Funds budgeted through the state board to an SWCD for cost-share assistance.
2. (2) Applicant--An eligible person who applies for a cost-share assistance from the SWCD.
3. (3) Available funds--Monies budgeted, unobligated, and approved by the state board for cost-share assistance.
4. (4) Basis for cost-sharing--Cost-share will be based on actual cost not to exceed the average cost.
5. (5) Brush Control--The managing and manipulating of stands of brush on rangeland, pastureland and recreation and wildlife areas by mechanical, chemical, or biological means or by prescribed burning.
6. (6) 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.
7. (7) 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.
8. (8) District director--A member of the governing board of an SWCD.
9. (9) Eligible land--Those lands that are eligible for application of brush control using cost-share assistance.
10. (10) Eligible person-- Any individual, partnership, administrator for a trust or estate, family-owned corporation, or other legal entity eligible to apply for cost-share assistance that is a cooperator with the local soil and water conservation district. Allocated funds shall not be used to reimburse other units of government for implementing conservation land treatment measures.
11. (11) Expected life of practice--The period of time established by the State Board for which a cost-shared practice must be maintained. When properly maintained the practice will remain effective beyond this period.
12. (12) Landowner--Any person(s), firm or corporation holding title to land lying within a watershed approved for project action.
13. (13) Operator-- Any person(s), firm or corporation with a contractual arrangement with the landowner that grants operational control of an agricultural enterprise.
14. (14) Maintenance agreement--A written agreement between the eligible person and the SWCD wherein the eligible person(s) agrees, as a condition of the receipt of state cost share funds, to implement and maintain all cost shared measure(s) in the approved resource management plan consistent with its implementation schedule. The maintenance agreement shall remain in effect on cost-shared practices for the expected life of the practice as established by the State Board.
15. (15) Obligated funds--Monies from an SWCD's allocated funds that have been committed to an applicant after final approval of the application by the SWCD.
16. (16) Performance agreement--A written agreement between the eligible person and the SWCD wherein the eligible person agrees to perform the brush control for which allocated funds are being paid.
17. (17) Priority system--The system devised by the SWCD, under guidelines of the state board, for ranking brush control plans and for facilitating the disbursement of allocated funds in line with the SWCD's priorities.
18. (18) Program year--The period from September 1 to August 31.
19. (19) Resource management plan--A site specific plan for implementation of 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 SWCD.
20. (20) 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.
21. (21) State Board--The Texas State Soil and Water Conservation Board organized pursuant to the provisions of the Agriculture Code of Texas, Chapter 201.

Source Note:The provisions of this §517.23 adopted to be effective August 12, 1999, 24 TexReg 6092.