31 TAC §§517.23 - 517.28
The amendments are proposed under the Agriculture Code Title
7, Chapter 203, §203.012, which authorizes the State Soil and Water Conservation
Board to adopt rules that are necessary to carry out the program and §203.011,
which provides authorization for the Board to administer the brush control
program.
No other statutes, articles, or codes are affected by this amendment.
§517.23.Definitions.
For the purposes of these rules the following definitions shall apply.
[
(1)
Allocated funds--Funds budgeted
through the state board to an SWCD for cost-share assistance.]
(1)
[
(2)
] Applicant--An eligible person
who applies for a cost-share assistance from the SWCD.
(2)
[
(3)
]Available funds--Monies budgeted,
unobligated, and approved by the state board for cost-share assistance.
[
(4)
Basis for cost-sharing--Cost-share
will be based on actual cost not to exceed the average cost.]
(3)
[
(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.
(4)
[
(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.
(5)
[
(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.
(6)
[
(8)
] District director--A member
of the governing board of an SWCD.
(7)
[
(9)
] Eligible land--Those lands
that are eligible for application of brush control using cost-share assistance.
(8)
[
(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.
]
(9)
[
(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.
]
(10)
[
(12)
] Landowner--Any person(s),
firm or corporation holding title to land lying within a watershed approved
for project action.
(11)
[
(13)
] Operator--Any person(s),
firm or corporation with a contractual arrangement with the landowner that
grants operational control of an agricultural enterprise.
(12)
[
(14)
] Obligated funds--[
Monies
from an SWCD's allocated
]
Funds
[
funds
] that have
been committed to an applicant after final approval of the application by
the
SWCD, and approved by the State Board.
[
SWCD.
]
(13)
[
(15)
] Performance agreement --
A written agreement between the eligible person and the SWCD wherein the eligible
person receiving the benefit of cost share assistance agrees, as a condition
for receipt of cost share assistance, to perform the brush control in accordance
with standards established by Texas State Soil and Water Conservation Board
and the terms of the cost share agreement.
(14)
[
(16)
] Priority system--The system
devised
and approved
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
].
(15)
[
(17)
] Program year--The period
from September 1 to August 31.
(16)
[
(18)
] 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.
(17)
[
(19)
] 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.
(18)
[
(20)
] State Board--The Texas State
Soil and Water Conservation Board organized pursuant to the provisions of
the Agriculture Code of Texas, Chapter 201.
§517.24.Responsibilities.
(a)
The state board shall:
(1)
establish procedures for the allocation of funds [
to SWCDs
] for their use in cost-share assistance;
(2)
establish brush control methods eligible for cost-share
and their standards, specifications, maintenance, and expected life;
(3)
establish maximum cost-share rate for each conservation
land treatment measure approved for cost-share, not to exceed maximums established
by enabling legislation;
(4)
establish
[
approve
] average costs
based on recommendations provided
[
developed
] annually by
SWCDs;
(5)
establish the maximum cost-share assistance that an eligible
person may receive under the program in any one year, and the lifetime maximum
cost-share assistance that an eligible person may receive;
(6)
perform clerical, administrative, and record keeping responsibilities
required for carrying out the cost-share program;
[
(7)
receive and maintain monthly
reports from SWCDs showing the unobligated balance of allocated funds as shown
on each ledger at the close of the last day of each month;]
[
(8)
receive requests for reallocated
funds and funds reverted from participating SWCDs;]
(7)
[
(9)
] act on appeals filed by applicants;
(8)
[
(10)
] process vouchers and issue
warrants for cost-share to eligible recipients.
(9)
maintain reports showing the
unobligated balance of funds as shown on each ledger at the close of the last
day of each month.
(b)
The SWCDs shall:
(1)
designate, from state board approved [
list, those
] brush control methods
those
that will be eligible for cost-share
in their SWCD;
(2)
recommend
[
establish
] district maximum
cost-share rates
for consideration
[
not to exceed maximum
set
] by the State Board;
(3)
develop annually district average cost for each practice
on the district's approved practice list;
[
(4)
establish annually the maximum
amount of cost-share available to each applicant not to exceed the maximum
set by the State Board;]
(4)
[
(5)
] administer the cost-share program
within the
district under guidelines established
[
funds allocated
] by the state board;
(5)
[
(6)
]
utilize
[
establish,
under guidelines of
] the state board, the priority system [
to be
used
] for evaluation of applications;
(6)
[
(7)
]
provide recommendations
to the state board on
[
establish
] the period(s) of time for
accepting applications [
and announce the cost-share program locally
];
(7)
announce the cost-share program
locally;
(8)
accept and process cost-share applications;
(9)
determine eligibility of lands and persons for cost-share
assistance under guidelines established by the state board;
(10)
notify applicants of the district's decisions on approval
of applications;
(11)
file [
original
] copy of approved applications
in the district's copy of the applicant's resource management plan;
[
(12)
obligate allocated funds
for applications receiving final approval;]
(12)
[
(13)
] provide or arrange for technical
assistance to applicants, or approve application and provide for an alternate
source of technical assistance;
(13)
[
(14)
] certify to the state board
that conservation land treatment measures have been completed according to
standards and specifications prior to payment;
(14)
[
(15)
] submit required
program
reports [
on the unbligated balance of allocated funds and
]
on accomplishments to the state board.
§517.25.Administration of Funds.
[
(a)
]
Allocation of funds. The state board may allocate
funds appropriated from general revenue fund [
to SWCDs
] for brush
control
projects where feasibility studies have been completed. Priority
is determined based on water needs and cost effectiveness.
Such allocations
may be adjusted throughout the year as available funds and
project
[
SWCD
] needs and priorities change in order to achieve the most
efficient use of state funds.
[
(b)
Requests for allocations.
SWCDs within areas designated for brush control cost-share must submit written
requests for a cost-share fund allocation to the state board and shall include
average costs of brush control and maximum allowable cost-share per individual
approved by the district for the program year.]
[
(c)
Approval of allocations. The
state board shall consider and approve, reject, or adjust SWCD requests for
allocations giving consideration to relative need for funding, SWCD workload
and fund balances, as well as other information deemed necessary by the state
board. Only districts for which the state board has established an allocation
are eligible to claim cost-share funds.]
§517.26.Eligibility for Cost-share Assistance.
(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.
(b)
Eligible land. Any of the following categories of land
shall be eligible for cost-share assistance:
(1)
land within the state that is privately owned by an eligible
person;
(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)
land owned by the state, a political subdivision of the
state, or a nonprofit organization that holds land in trust for the state.
(c)
Ineligible lands.
Funds
[
Allocated funds
] shall not be used on privately owned land not used for agricultural
or silvicultural production.
(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.
(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.
(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.
(g)
Persons authorized to sign applications and agreements.
All agreements, applications and performance reports shall be signed by:
(1)
the eligible person;
(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)
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.
§517.27.Cost-share Assistance Processing Procedures.
(a)
(No change.)
(b)
Responsibilities of SWCDs. SWCDs shall:
(1)
approve resource management plans;
(2)
provide recommendations to the state board on
[
establish
] the period(s) of time for accepting applications [
and announce the cost-share program locally;
]
(3)
announce the cost-share program
locally;
(4)
[
(3)
] accept cost-share applications
at the SWCD's office;
(5)
[
(4)
] determine eligibility of lands
and persons for cost-share assistance. If an applicant's land is in more than
one SWCD, the respective SWCD boards of directors will review the application
and agree to oversee all works, administrate all contracts and obligate all
funds from one SWCD or prorate the funding between SWCDs;
(6)
[
(5)
] give initial approval to those
applications that meet the eligibility requirements;
(7)
[
(6)
] evaluate the initially approved
applications under the [
SWCD's
] priority system and give final
approval to the high priority applications that can be funded
with available
[
by the SWCD's allocated
] funds;
(8)
[
(7)
] obligate funds for the approved
brush control that can be funded and notify the applicants that his/her application
has been approved for cost-share and to proceed with implementation as outlined
in the applicant's plan;
(9)
[
(8)
] determine compliance with standards
and specifications and certify completed brush control that meet standards.
(c)
Amended applications for [
allocated
] funds.
(1)-(3)
(No change.)
(d)
(No change.)
(e)
Payment to recipients.
(1)-(2)
(No change.)
(3)
Partial payment can be requested for
brush control
methods completed on
identifiable
land
units [
or components
of approved brush control methods
] as they are completed, provided
required management can be applied.
(f)
Applications held in abeyance because of lack of funds.
In those cases where funds are not available, the applications will be held
by the SWCD until [
allocated
] funds become available or until the
end of the program year. When additional funds are received, the SWCD will
obligate those funds. The SWCD may shift all unfunded applications held in
abeyance because of lack of funds that are on hand at the end of a program
to the new program year or require all new applications as it deems appropriate.
(g)-(h)
(No change.)
(i)
Appeals.
(1)
An applicant may appeal the SWCD decisions relative to
his/her application for
cost-share
[
allocated
] funds.
(2)
The applicant shall make any appeal in writing to the SWCD
which received his/her application for [
allocated
] funds and shall
set forth the basis for the appeal.
(3)-(6)
(No change.)
§517.28.Management of Areas Treated for Brush Control.
(a)
Requirements for follow up treatment for brush control
applied using cost-share funds will be included in the application for cost
share with management recommendations outlined in the eligible person's resource
management plan. These will be reviewed with the eligible person at the time
of application for cost-share.
Follow up treatments will be required only
if funding is appropriated by the Legislature for such purposes.
(b)-(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 20, 2002.
TRD-200203881
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: August 4, 2002
For further information, please call: (254) 773-2250
31 TAC §517.30
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Soil and Water Conservation Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Chapter 201.020 Agriculture
Code which provides the Texas State Soil and Water Conservation Board with
the authority to adopt rules as necessary for the performance of its functions
under the Agriculture Code.
No other statutes, articles or codes are affected by this repeal.
§517.30.Reporting and Accounting.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on June 20, 2002.
TRD-200203880
Robert G. Buckley
Executive Director
Texas State Soil and Water Conservation Board
Earliest possible date of adoption: August 4, 2002
For further information, please call: (254) 773-2250