1. (a) Eligible person.

   1. (1) 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 SWCD shall be eligible for cost-share assistance.
   2. (2) A political subdivision is eligible for cost sharing under the brush control program, provided that the state's share may not exceed 50% of the total cost of a single project.

2. (b) Ineligible person.

   1. (1) A person is not eligible to participate in the state brush control program or to receive money from the state brush control program if the person is simultaneously receiving any cost-share money for brush control on the same acreage from a federal government program.
   2. (2) The State Board may grant an exception if the State Board finds that joint participation of the state brush control program and any federal brush control program will enhance the efficiency and effectiveness of a project, lessen the state's financial commitment to the project, and not exceed 80% of the total cost of the project.

3. (c) Eligible land. To be eligible for cost-share assistance, the land must be within a brush control area and fall into any of the following categories:

   1. (1) land within the state that is privately owned by an eligible person;
   2. (2) land leased by an eligible person over which the applicant has adequate control extending through the term of the contract period and written permission of the landowner; or
   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.
4. (d) Ineligible lands. Allocated funds shall not be used on land outside of a brush control area or land not used for agricultural or wildlife production.
5. (e) Eligible purposes. Cost-share assistance shall be available only for brush control included in an approved brush control plan and contract and determined to be needed by SWCDs to conserve water.
6. (f) Eligible practices. Brush control methods, which the State Board has approved and which are included in the applicant's approved brush control plan and contract, shall be eligible for cost-share assistance. The brush control area working group shall designate their list of eligible methods from those approved by the State Board.
7. (g) Requirement to file an application. In order to qualify for cost-share assistance, an eligible person, including political subdivisions, shall file an application with the local SWCD.
8. (h) Requirement to develop a brush control plan. In order to qualify for cost-share assistance, an eligible person, including political subdivisions, shall develop a brush control plan. Brush control plans shall meet resource management system requirements on acres planned, as set forth in the FOTG.

9. (i) Persons authorized to sign applications and contracts. All applications, contracts, and performance certifications 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 §517.30 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651.