1. (a) 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 silvicultural operation within an SWCD and is a cooperator with the local SWCD shall be eligible for cost-share assistance.

2. (b) Eligible land. Any of the following categories of land shall be eligible for cost-share assistance:

   1. (1) land within the state that is privately owned by an eligible person;
   2. (2) land leased by an eligible person over which he has adequate control and which land is utilized as a part of his operating unit;
   3. (3) land owned by the state, a political subdivision of the state, or a nonprofit organization that holds land in trust for the state.
3. (c) Ineligible lands. Allocated funds shall not be used on privately owned land not used for agricultural or silvicultural production.
4. (d) Eligible purposes. Cost-share assistance shall be available only for brush control included in an approved resource management plan and determined to be needed by the SWCD to improve water quality and/or quantity.
5. (e) Eligible practices. Brush control methods which the state board has approved and which are included in the applicant's approved resource management plan shall be eligible for cost-share assistance. The SWCDs shall designate their list of eligible methods from those approved by the state board.
6. (f) Requirement to file an application. In order to qualify for cost-share assistance, an eligible person shall file an application with the local soil and water conservation district.

7. (g) Persons authorized to sign applications and agreements. All agreements, applications and performance reports shall be signed by:

   1. (1) the eligible person;
   2. (2) any person designated to represent the eligible person, provided an appropriate notarized durable power of attorney has been filed with the SWCD office; or
   3. (3) the responsible person or administrator, in cases of trusts or estates, provided that letters of administration or letters of testamentary have been submitted to the SWCD in lieu of a power of attorney.

Source Note:The provisions of this §517.26 adopted to be effective August 12, 1999, 24 TexReg 6092.