TITLE 31. NATURAL RESOURCES AND CONSERVATION

Part 17. TEXAS STATE SOIL AND WATER CONSERVATION BOARD

Chapter 517. FINANCIAL ASSISTANCE

Subchapter B. COST-SHARE ASSISTANCE FOR BRUSH CONTROL

31 TAC §517.30

The Texas State Soil and Water Conservation Board (State Board) proposes an amendment to Title 31 of the Texas Administrative Code, Part 17, Chapter 517, Subchapter B, Cost-Share Assistance for Brush Control, §517.30(h), concerning the agency's ability to individually consider alternate resource treatment plans as an acceptable brush control plan . Specifically, this proposed amendment provides the agency some flexibility in accepting an alternative brush control plan that may better suit landowner management plans.

Mr. Kenny Zaijcek, Fiscal Officer, State Board has determined that, for the first five-year period, there will be no fiscal implications for state or local government as a result of administering this proposed amendment.

Mr. Zaijcek has also determined that, for the first five-year period this proposed amendment is in effect, the public benefit anticipated as a result of administering this amended rule will be the possibility of increased participation in the brush control program and potential water enhancement as a result of that participation.

There are no anticipated costs to small businesses or individuals resulting from this proposed amendment.

Comments on the proposed amendment may be submitted in writing to Rex Isom, Executive Director, Texas State Soil and Water Conservation Board, P.O. Box 658, Temple, Texas 76503, (254) 773-2250, ext. 231.

The amendment is proposed under the Agriculture Code of Texas, Title 7, Chapter 201, §201.020, which authorizes the State Board to adopt rules that are necessary for the performance of its functions under the Agriculture Code and under §203.012, which authorizes the board to adopt reasonable rules necessary to carry out the chapter.

No other statutes, articles, or codes are affected by this proposed amendment.

§517.30.Eligibility for Cost-share Assistance.

(a) - (g) (No change.)

(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. The State Board may grant an exception to the RMS requirement if it finds an alternate plan adequate.

(i) (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 August 6, 2007.

TRD-200703393

Mel Davis

Special Projects Coordinator

Texas State Soil and Water Conservation Board

Earliest possible date of adoption: September 16, 2007

For further information, please call: (254) 773-2250, x252