1. (a) Eligible person. Any individual, partnership, administrator for a trust, family-owned corporation or other legal entity who is an owner, lessee, tenant or sharecropper.

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 simultaneous 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 and any federal brush control program will enhance the efficiency and effectiveness of a project and lessen the state's financial commitment to the project.

3. (c) Eligible land. To be eligible for cost-share assistance, the land must be within a designated project 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 designated area.
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 the local SWCD 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.
7. (g) Requirement to file an application. In order to qualify for cost-share assistance, an eligible person shall file an application with the local SWCD.

Source Note:The provisions of this §517.33 adopted to be effective February 13, 2003, 28 TexReg 1209; amended to be effective March 21, 2004, 29 TexReg 2651; amended to be effective December 9, 2010, 35 TexReg 10769; amended to be effective April 16, 2012, 37 TexReg 2679.