Subtitle I.
General
provisions
Section 201.1
Purpose.
The purpose of these rules is to outline procedures for the
establishment and operation of conservation districts.
Section 201.2
Enabling and pertinent
legislation.
A. Ark. Code Ann. §
14-125-101, et
seq., Conservation District Law.
B.
Ark. Code Ann. §
15-20-201, et
seq., Arkansas Natural Resources Conservation Commission.
Section 201.3
Definitions.
The following definitions shall apply to all parts of these
rules:
A. Commission: The Arkansas
Natural Resources Commission, formerly known as Arkansas Soil and Water
Conservation Commission, as defined in Ark. Code Ann. §
15-20-201, et
seq.
B. Conservation district or
district: A district created under the Conservation District Law, Ark. Code
Ann. §
14-125-101, et
seq.
C. Conservation Division
Chief: The person employed by the Commission to oversee decisions related to
conservation programs and conservation districts.
D. Director: A member of the governing board
of a conservation district, as defined by Ark. Code Ann. §
14-125-301,
et seq.
E. Executive Director: The
person appointed to administer the affairs of the Arkansas Natural Resources
Commission, as defined by Ark. Code Ann. §
15-20-205.
F. Local Funds: Funds provided to, or earned
by, the district from a source other than the state during the fiscal year of
the request.
G. Operating Plan: A
district's proposed budget, goals, and annual report, as defined in Section
217.2
of these rules.
H. Special Project:
A planned undertaking to research, demonstrate, construct or enhance the
conservation of land and water resources.
I. Operating Funds: State funds provided to a
conservation district with an operating plan approved by the Executive
Director.
Section 201.4
Executive Director and staff assistance.
The Executive Director and Commission staff shall assist the
districts in complying with these rules. Guidelines may be developed to assist
districts in complying with these rules, but the rules themselves shall be
controlling.
Subtitle
II.
Creation of a district
[Reserved] See Ark. Code Ann. §
14-125-201
et seq.
Subtitle III.
Division of a district
[Reserved] See Ark. Code Ann. §
14-125-401
et seq.
Subtitle IV.
Combination of districts
[Reserved] See Ark. Code Ann. §
14-125-401
et seq.
Subtitle V.
Discontinuance of a district
[Reserved] See Ark. Code Ann. §
14-125-901 et
seq.
Subtitle VI.
Changing the name of a district
[Reserved] See Ark. Code Ann. §
14-125-410
Subtitle
IX.
Appointment of Conservation District
Directors Emeritus
Section
209.1
Conservation District Directors Emeritus
Program.
This program recognizes individuals who have served twenty-five
(25) or more years of concurrent or intermittent service on a conservation
district board or boards, or alternatively, twenty-five (25) or more years of
experience deemed equivalent by the Commission. It also provides a mechanism
for tapping institutional knowledge attained by these individuals without
requiring them to serve as government officials.
Section 209.2
Role of a Director
Emeritus.
A Director Emeritus serves the district by providing knowledge,
experience, and wisdom to the district's elected and appointed directors. A
Director Emeritus may continue to commit time, energy, and other resources to
the District while serving in an advisory, non-voting capacity without legal or
fiduciary responsibilities. A Director Emeritus is appointed for life.
Section 209.3
Process of
awarding Director Emeritus title.
A.
After obtaining the consent of a qualifying individual who has provided
previous service to the district or who currently serves as a district
director, a conservation district board may nominate him or her to the
Commission for appointment as a Director Emeritus.
B. Upon receipt of a conservation district
board's completed nominating petition for a qualifying individual, the
Commission will approve the nominated individual.
Section 209.4
Process for filling board
vacancy due to acceptance of Director Emeritus position.
If the Commission approves an individual as a Director Emeritus
that currently serves as a district director, the Commission shall appoint a
director to serve the remainder of the Director Emeritus's term.
Subtitle X.
Appointment and reappointment of district
directors
Section 210.1
Notification of expiration of term.
Sixty days prior to the expiration of an appointed director's
term, the Executive Director shall notify the director and the district board
of the date of the expiration of the term.
Section 210.2
Board
recommendation.
The Commission shall consider any appointment recommendation
which may be made by the remaining members of the local governing board.
Section 210.3
Reappointment
of director.
A. Any appointed director
seeking reappointment shall provide the Executive Director with a certified
statement from the district board summarizing the director's attendance at
district board meetings, area, and state meetings for the past three years, and
proof of completion of the Commission's approved training program for
directors.
B
(1). No appointed director shall be
reappointed unless that director has attended sixty-five percent (65%) of the
district meetings and three state or area meetings within the last three years
or has obtained a waiver pursuant to Subtitle XII of these rules.
(2) . A director may meet the state or area
meeting attendance requirement by attending a meeting or meetings approved by
the Executive Director as being of regional or state importance to soil and
water conservation.
Section
210.4
Public request for appointment.
Any person owning land within a district who is registered to
vote under the election laws of Arkansas may be considered by the Commission
for appointment by filing a written request with the Executive Director. The
request shall remain on file with the Commission until the district's next
board vacancy. If the Commission receives a written request for appointment to
a particular conservation district board, the Commission will notify that board
of the request.
Section
210.5
Review of qualifications of prospective
appointees.
The Executive Director shall review the qualifications of anyone
proposed as an appointed director. This review may include an interview with
the applicant, or a request for recommendations from persons having knowledge
of the applicant's interest and activities in the areas of soil and water
conservation.
Section 210.6
Report of the Executive Director.
By the first regular meeting of the Commission after the
expiration of the appointed director's term, the Executive Director shall
provide the Commission with the names and qualifications of all prospective
appointees.
Section 210.7
Commission action.
Upon presentation by the Executive Director, the Commission
may:
A. Select one of the prospective
appointees,
B. Ask for additional
information concerning any of the applicants, or
C. Ask the Executive Director to seek
additional applicants.
Section
210.8
Issuance of certificate of appointment.
After a director has taken the oath of office and submitted proof
to the Commission, the Executive Director shall issue a certificate of
appointment to the district director.
Subtitle XI.
Election and
reelection of district directors
Section 211.1
Elections.
Elections will be held on the first Tuesday in March in districts
designated by statute. All polling places shall be open for voting from 8:00
a.m. to 5:00 p.m.
Section
211.2
Notice to district.
By December 10, the Executive Director shall notify the districts
which have elections scheduled for the following March.
Section 211.3
Appointed directors to
serve as election committee.
The appointed district directors constitute the District Election
Committee, the Commission's representative for conducting elections. The
Committee's duties include the following:
1. Publishing notice of the election,
availability and qualifications for obtaining an open position on the board,
and the deadline for filing the candidate nomination petition;
2. Selecting the polling sites;
3. Appointing a person or persons to oversee
polling sites;
4. Conducting the
election; and
5. Collecting
absentee and regular ballots and counting votes.
Section 211.4
Approval of polling
place.
By February 1 of election year, the District Election Committee
shall submit, for the Executive Director's approval, the location(s) of polling
place(s) for the district election. The number and location of the polling
place(s) shall provide adequate coverage of the district.
Section 211.5
Petitions.
A. To qualify as a candidate, a person owning
land within the district and registered to vote under the election laws of
Arkansas shall submit to the Commission a candidate nomination petition, signed
by twenty-five (25) or more qualified electors, stating that each signatory is
a registered voter in the State of Arkansas and is an owner of land within the
district.
B. All petitions for
candidacy shall be submitted to the Commission on or before February
10.
Section 211.6
Reelection of directors.
A. Any
elected director seeking re-election shall provide the Executive Director with
the following: a certified statement from the district board summarizing the
director's attendance at district board meetings, area and state meetings for
the past three years; and proof of completion of the Commission's approved
training program for directors.
B.
(1) No elected director shall be re-elected
unless that director has attended sixty-five percent (65%) of the district
meetings and three state or area meetings within the last three years or has
obtained a waiver pursuant to Subtitle XII of these rules.
(2) A director may meet the state or area
meeting attendance requirement by attending a meeting or meetings approved by
the Executive Director as being of regional or state importance to soil and
water conservation.
Section
211.7
Certification of candidates.
The Executive Director must certify a person as a candidate prior
to the election before that person may be elected to the office of
director.
Section 211.8
Notice of election.
A. The
Election Committee shall, prior to the election and at district expense,
publish a notice of election twice, seven days apart, in a district newspaper
of general circulation.
B. The
Executive Director shall, prior to the election, publish a notice of election
twice, seven days apart, in a newspaper of statewide circulation. The notice
shall identify districts holding elections that year.
Section 211.9
Ballots.
A. The Executive Director shall provide the
requested number of ballots to the District Election Committee.
B. The names of certified candidates shall be
alphabetized, by surname, on the ballots. The ballots shall contain
instructions to vote for three by placing an "X" in the appropriate
boxes.
Section 211.10
Voting procedure.
A. Any person
who is a registered voter of the state and is an owner of real estate within
the district is a qualified elector.
B. Prior to obtaining a ballot, a person
shall sign a registration of voters, an affirmation that the person is a
qualified elector.
C. After
obtaining a ballot, the person shall select up to three candidates to serve as
district directors by putting an "X" in the appropriate boxes, and then placing
the ballot in the ballot box.
Section
211.11
Early voting and absentee ballots.
A. Ballots shall be available at the district
office two weeks prior to the election for all qualified voters. No ballot
shall be removed from the district office except as provided in Subsection B
below. The voting procedure under this subsection shall be the same as the
regular procedure contained in Section
211.10
of these rules.
B. An infirmed
person, whose physical condition makes it difficult to vote on election day may
obtain a ballot by presenting a signed, written statement that the person
making the request:
1. Is a registered voter
in Arkansas;
2. Owns land within
the district;
3. Cannot vote on
election day due to health reasons; and
4. Is attaching the name of the person
authorized to deliver the ballot to the infirmed person. The person so-named
shall present the request to the Election Committee to obtain a ballot and
shall return the ballot to the district office by the Monday before election
day.
Section
211.12
Write-in candidates.
No write-in candidates shall be allowed. Votes for write-in
candidates shall be void and shall not be counted.
Section 211.13
Vote tally.
A. After the polls close, the Election
Committee shall collect all ballot boxes and election materials.
B. Both members of the Election Committee
shall together open the ballot boxes and count the votes cast.
C. Any ballot with more than three candidates
marked shall be disqualified and not be counted. Any ballot with write-in
candidates shall be disqualified and not be counted.
D. The Election Committee shall certify to
the Commission the results of the election, including the number of voters and
the number of votes for each candidate.
E. The Election Committee shall then post
results at polling place(s), the district office and other public places in the
district.
F. The ballots and other
election materials shall be maintained in a secure place until the Executive
Director requests that they be sent to the Commission or indicates that they
may be destroyed.
Section
211.14
Election challenge.
A. Any person challenging results of the
election shall, within three days of the election, notify the Executive
Director, in writing, outlining the reasons for the challenge.
B. The Executive Director shall investigate
any allegations made, including: taking ballots and other election materials
into custody, recounting the vote, or verifying those voting in the
election.
C. The Executive Director
shall report any findings to the Commission.
D. The Commission may then require a recount
of votes, confirm the results as reported, set aside the results and conduct a
special election, or take any other appropriate action.
Section 211.15
Issuance of certificate
of election.
After a director has taken the oath of office, and submitted
proof to the Commission, the Executive Director shall issue a certificate of
election to the district director.
Subtitle XII.
Waiver of
attendance requirement for reappointment or certification as candidate for
reelection
Section 212.1
Request for waiver.
Any appointed or elected director failing to meet the attendance
requirement and seeking certification as a candidate for reappointment or
re-election may request a waiver by submitting a request in writing to the
Executive Director. In the request, the director should explain the failure to
meet the attendance requirement for the past term.
Section 212.2
Meeting with director
making request.
After receipt of a waiver request, a member of the Commission
chosen by the Commission Chairman and the Executive Director, or his designee,
shall meet with the director making the waiver request. At the meeting, inquiry
should be made as to the reason for failure to meet the attendance requirement
and the director's ability to meet the attendance requirement in the future.
The Executive Director and Commission member shall stress the importance of
regular attendance at district board meetings and attendance at area and state
meetings.
Section 212.3
Consideration of request.
A.
Prior to the meeting in which a director's request for waiver is to be
considered, the Executive Director shall invite, but not require, the director
to attend the next Commission meeting and make a statement, if he so desires,
concerning the waiver request.
B.
At the time of consideration of the waiver request the member of the Commission
and Executive Director or his designee shall make a report of the meeting held
pursuant to Section
212.2.
C. The Commission shall then approve or
disapprove on the waiver of attendance requirement request, and the decision
shall be duly noted in the Commission's permanent records.
Section 212.4
Criteria in making
decision with respect to waiver request.
A. Local meeting requirements. Attendance at
local conservation district board meetings is of utmost importance to efficient
and effective district activities. Waivers for directors failing to attend more
than fifty percent (50%) of the local meetings will not be
considered.
B. Area and state
meeting requirements. Directors should make every effort to make the
appropriate area and state meetings. In determining whether to grant a waiver
request, the Commission may consider the other conservation district activities
undertaken by the director making the request.
Subtitle XIII.
Resignation
of district directors and decline of office
Section 213.1
Resignations in
writing.
All resignations shall be in writing.
Section 213.2
Resignations filed with
Commission.
All resignations shall be filed with the district board and the
Commission.
Section 213.3
Resignations effective.
Unless the resignation provides otherwise, a resignation shall be
effective upon receipt by the Executive Director.
Section 213.4
No contingent
resignations.
No resignation shall be contingent upon another event.
Section 213.5
Decline of
office.
An elected or appointed director will be deemed to have declined
the office of director if that director fails to take the required oath of
office within 60 days of certification of election returns or appointment by
the Commission. The Commission shall then appoint a new director pursuant to
these rules.
Subtitle
XIV.
Removal of district
directors
Section 214.1
Grounds for removal.
The Commission shall have the power to remove directors for
neglect of duty or malfeasance in office, but for no other reason. A director
who is absent from three, successive, regular monthly meetings or two,
successive, regular quarterly meetings shall be removed for neglect of duty,
unless the Commission is presented with a satisfactory written
explanation.
Section 214.2
Petition for removal.
Any person seeking a director's removal shall file a petition
with the Executive Director, stating specific allegations of the director's
alleged neglect of duty or malfeasance in office. The signed petition shall be
accompanied by an affidavit stating that the information contained in the
petition is true to the best of affiant's knowledge and
belief.
Section 214.3
Executive Director to investigate.
Upon receipt of a petition contained in Section
214.2,
or on personal initiative, the Executive Director shall investigate whether
there are grounds for a district director's removal under Section
214.1.
The Executive Director shall then report any findings and recommendations to
the Commission.
Section
214.4
Review of Commission.
If, after receiving the Executive Director's report on the
allegations, the Commission determines a hearing is warranted, then a hearing
by the Commission, or by an appointed hearing officer, shall be conducted as an
administrative adjudication under the Administrative Procedure Act.
Section 214.5
Decision of
the Commission.
The Commission shall enter a finding of fact and a conclusion of
law, and if the Commission determines that a director should be removed, an
order authorizing removal. The Commission may, based upon the record presented,
remove a director for neglect of duty or malfeasance in
office.
Section 214.6
Appointment of successor.
Upon removal of a director under this subtitle, the Commission
shall appoint a successor pursuant to these rules.
Subtitle XVII.
District operations
Section 217.1
Operating plan
required.
Each year prior to September 1, the district shall submit to the
Executive Director an operating plan for the fiscal year (July 1-June
30).
Section 217.2
Operating plan contents.
The operating plan shall contain as a minimum the
following:
A. A brief statement of
existing district program;
B. The
district's long-term and short-term goals in regard to local resource concerns
and needs;
C. Specific activities
for the upcoming year, defined in a plan of work, to accomplish the district's
goals;
D. A budget itemizing use of
district funds to accomplish the activities.
1. Proposed annual budget due by September 1
each year.
2. The proposed budget
must reflect the proposed operating revenue and expenditures and will
incorporate any financial goals stated in the annual operating
plan.
E. An assessment of
last year's activities and the effectiveness in accomplishing district goals
(due by September 1); and
F. An
assessment of the thistle problem, if any, within the district, proposed
methods of thistle control and eradication, and an assessment of the
effectiveness of the last year's efforts to control and eradicate the
thistle.
Section 217.3
Disqualification from Commission funding.
Failure to submit an operating plan acceptable to the Executive
Director shall result in the district being disqualified from receiving funds
from the Commission.
Section
217.4
District meetings.
A. Each district must provide notice of its
meetings, regular and special, in compliance with the Arkansas Freedom of
Information Act.
B. Each district
shall hold at least nine monthly meetings per year.
C. Each district must establish a consistent
time and date for its monthly board meetings. If due to unforeseen
circumstances there is need to change the time and date, the district must
notify the Commission within twenty-four (24) hours of the decision to
reschedule the meeting and must provide at least twenty-four (24) hours of
notice of the newly scheduled date and time.
D. Each district must submit its minutes to
the Commission immediately following approval.
Section 217.5
Hiring practices
A. To avoid all appearance of impropriety, no
conservation district shall:
1. Hire an
employee to supervise or be supervised by a relative, and
2. Hire an employee who is a relative of a
district board member.
B.
A relative shall be considered someone related to a supervisory employee or
director within the third degree according to civil law.
1. To determine the degree of relationship,
begin with one of the individuals and count one degree for each level of the
genealogical chart up to the common ancestor, and then count one degree for
each level downward until the other individual is reached. For example,
brothers or brothers-in-law would be related to each other within the second
degree.
C. Any employee
hired prior to the effective date of this rule is exempt from the application
of this rule.
Section
217.6
District employees.
A. Districts shall adopt employment policies
addressing at least the following issues:
1.
Rate of pay;
2. Pay
periods;
3. Leave accrual, both
vacation and sick leave; and
4.
Compensation for unused leave.
B. District employees may be paid only upon
submission of a timesheet for the applicable pay period signed by the employee
and accounting for hours worked during the pay period and leave taken during
the pay period.
1. Timesheets must be reviewed
and signed by at least one member of the district board before an employee may
be paid.
2. District employee
paychecks must be signed by two bonded, unrelated persons, one of whom must be
a district director.
C.
Leave time records must be reviewed by district
boards.
Subtitle
XVIII.
State funding
Section 218.1
State fund
requests.
A. As a matter of
administrative convenience, workers' compensation premiums, fidelity bond
premiums, and membership fees for the Arkansas Association of Conservation
Districts and the National Association of Conservation Districts will be
withheld and paid by the Commission from state funds prior to commitment of
operating or special project funds. However, the Commission will not withhold
dues for payment of membership fees to the Arkansas Association of Conservation
Districts or the National Association of Conservation Districts on behalf of
any district that objects to dues being withheld for such purpose.
B. Application for operating funds and the
corresponding operating plan will be submitted to the Commission office by
September 1.
C. The Executive
Director's approval of the operating plan is necessary before operating funds
are distributed to the district.
Section 218.2
Special project fund
requests.
A. Special project fund
requests may be submitted at any time after approval of the operating
plan.
B. A special project may be
funded only if the district does not have sufficient reserve funds to cover the
cost of the project.
C. A request
for special project funds shall include:
1. A
narrative of the proposed project including how the project is beneficial to
conservation of land and water resources, and
2. A project budget including sources and
uses of funds.
D. Upon
completion of the project, an accounting of monies spent on the project shall
be submitted to the Commission.
E.
Upon completion of the project, all remaining state funds shall be returned to
the Commission.
F. Failure to
comply with the requirements of this subtitle may result in the district being
ineligible for State funds for up to three years.
Section 218.3
Approval of
applications.
A. The Executive
Director shall report to the Commission the approval or disapproval of each
district's operating plan, which shall be duly noted in the Commission
minutes.
B. The Executive Director
shall recommend to the Commission, at its regular June meeting, a commitment of
state funds to each district which is in compliance with these
regulations.
C. Requests for
operating funds and special project funds shall be prioritized by the
Commission based upon the following criteria:
1. The degree of cooperation and assistance
from county and municipal government;
2. Nature and extent of resource problems
within the district;
3. Adequacy of
operating plan in addressing priority problems;
4. Consistency with Commission
goals;
5. Furtherance of district's
goals; and
6. Whether the
district's actual expenditures were consistent with its proposed budget during
the previous fiscal year.
D. The Commission shall establish the maximum
amount of operating funds available for each district under this
subtitle.
Section 218.4
Distribution of operating funds.
After approval of a conservation district's operating plan,
operating funds will be distributed as often as quarterly, starting in July.
The Commission may withhold operating funds from any district that fails to
submit required reports, including the annual operating plan. The Commission
may also withhold funds from districts that fail to meet deadlines for
administration of Commission programs, including poultry registration and water
use reporting.
Section 218.5
Fund limitations and priority.
All funding requests are subject to the availability of state
revenues, with operating funds having priority over special project
funds.
Subtitle
XIX.
Financial records
Section 219.1
Accounting.
A. A district shall use an accounting system
approved by the Executive Director. A district may use either the cash or
accrual basis for accounting.
B.
All district checks must bear authorized signatures of two, bonded, unrelated
persons, including at least one district director.
C. No district check may be signed with a
blank payee line or amount.
D.
Signature stamps shall not be used on district checks.
E. Debit cards shall not be obtained or used
by districts.
F. Each district
shall instruct its financial institution to mail statements for all district
bank accounts to a member of the district board.
G. A current comparative balance sheet,
comparative profit and loss report, bank reconciliation and copies of the most
recent bank statements for all district accounts must be signed by the district
treasurer and attached to and made part of the minutes of each regular district
board meeting.
Section
219.2
Financial report.
By September 1 of each year, the district shall submit to the
Commission a financial report including a comparative balance sheet and
comparative income statement for the previous fiscal year, signed by the
district board members and the employee who prepared the
report.
Section 219.3
Annual review of financial records.
A. The Commission shall provide a Certified
Public Accountant to perform agreed-upon procedures established by the
Commission.
B. All district books
are subject to review by Commission staff.
Section 219.4
Report of
difficulties.
Districts shall immediately report any financial difficulty or
irregularity to the Executive Director, who shall investigate and offer
assistance. The Executive Director may also require additional financial
reports or request an audit of the district books and accounts by the Division
of Legislative Audit.
Section
219.5
Inventory.
A.
Districts shall maintain an inventory of district owned equipment, listing date
of purchase and serial number of each item.
B. Each item of equipment shall be given a
number and the number placed permanently upon the equipment.
C. Prior to disposal or sale of any equipment
listed in the district's inventory, the district must contact the Commission in
advance of the sale to obtain approval.
D. Upon disposal of any equipment on the
inventory, the date and method of disposal shall be noted in the inventory
records.
Section 219.6
Equipment rental and sale of goods.
A. A district shall maintain an inventory of
goods owned by the district that are made available to the public for rental or
sale.
B. A district shall establish
accounts as necessary to track equipment rental and sales and maintain those
accounts using the method approved by the Executive Director.
C. All money received for equipment rental
and the sale of goods shall be credited to the applicable accounts.
Section 219.7
Program
accounting.
A. A district shall follow
the standardized chart of accounts established by the Commission. All money
received by the district shall be credited to the applicable
accounts.
B. Districts shall issue
all required Internal Revenue Service forms to contractors and
cooperators.
Section
219.8
District travel.
Districts should substantially comply with the State of Arkansas
Travel Regulation as promulgated by the Chief Fiscal Officer of the State
pursuant to Ark. Code Ann. §
19-4-901,
et seq.
Section 219.9
Penalty for noncompliance.
Failure to comply with requirements of this Subtitle may
disqualify a district from operating funds for up to three years pursuant to
Ark. Code Ann. §
14-125-109(d).
Subtitle XX.
Conservation
district beaver control program
Section 220.1
Purpose.
A. The Conservation District Beaver Control
Program enables the Commission to help control Arkansas's beaver population by
reimbursing conservation districts ten dollars per beaver for payments
districts make to beaver harvesters under these rules.
B. Reimbursements shall be made for beaver
only, though district plans may offer incentives for the control of other
nuisance animals.
C. The Commission
shall not be liable for reimbursements requested after the money available for
the program is expended.
Section
220.2
District participation.
To receive money under the Conservation District Beaver Control
Program, conservation districts must submit a written beaver control plan to
the Executive Director by January 1 of the applicable calendar year. The
district plan must be approved by the Executive Director before reimbursable
harvesting may begin. The Executive Director may allocate a portion of the
appropriation available in the applicable fiscal year to each district which
submits an approved plan. The district plan must comply with the following
provisions:
A. The district board
shall designate a beaver control officer.
B. To receive payments, beaver harvesters
shall present beaver tails to the beaver control officer, who shall cut a "V"
notch in the rounded end.
C. The
beaver control officer shall certify to the district board, at intervals to be
set in the district plan, the number of beavers presented by each certified
harvester.
D. The district may then
apply to the Commission for reimbursements by submitting the Reimbursement Form
to the Executive Director at reasonable intervals.
E. The plan shall specify the anticipated
number of beavers for which reimbursement will be requested during the fiscal
year.
F. Each district must also
provide the Commission with quarterly reports and proof of payment to
trappers.
Section 220.3
Funding.
A. After expiration of
the time for submission of beaver control plans, the Executive Director shall
review the state funds available for the program in the current fiscal year and
determine the funds available for the beaver control program.
B. The Executive Director shall allocate the
available funds to each district desiring to participate in the program. This
allocation shall be based upon the district's demonstrated need for beaver
control and the probable success of the district's beaver control program. In
making the allocation, the Executive Director may consider the following: the
beaver control plan, the estimated number of beavers within the district, the
type and severity of damage, the number of beavers harvested in the past under
this or similar programs, and other factors to ensure equity in
allocation.
C. After allocation,
the Executive Director shall provide each participating district the amount of
its allocation.
D. Each district
may request reimbursement as provided in this subtitle up to the amount of its
allocation.
E. The Executive
Director shall review the allocation of funds on or about April 1 of each year
or as otherwise necessary to assure that the funds are used as effectively as
possible. No reduction in any participating district's allocation shall occur
without prior notification to the district.
Subtitle XXII.
Conservation district grant program
Section 222.1
Purposes.
A. The purpose of this program is to enhance
the capability of conservation districts to carry out conservation within their
respective district.
B. The purpose
of the subtitle is to establish a procedure to administer the
program.
Section 222.2
Availability of funds.
A. Upon
review of the Commission's annual appropriation for conservation districts and
other funds available for the district program, the Commission may allocate a
portion of available funds for the grant program.
B. Funds provided under this subtitle are
limited to those funds actually made available by the Commission for this
purpose. The Commission is not required to provide funds under this subtitle if
the funds are not appropriated or otherwise not available.
Section 222.3
Application period and
notification of application period.
A.
Upon allocation of funds for this program by the Commission, the Executive
Director shall establish a period in which he shall accept applications for
funds available under this program. The application period shall be at least
thirty (30) days.
B. The Executive
Director shall notify each conservation district that applications are being
accepted for the program and the last day that applications will be
accepted.
Section 222.4
Projects for which grants may be obtained and applicants.
A. Projects eligible for grant funds must
carry out resource enhancement, restoration or protection and must be new or in
addition to those in which a district is currently involved.
B. Projects intended to replace existing
programs are not eligible for grant funding.
C. Only conservation districts may make
application for assistance under this subtitle.
Section 222.5
Application
procedure.
Applications shall be in writing and submitted in a form
acceptable to the Executive Director. The following information shall be
submitted:
A. The name, address,
telephone and facsimile number of the conservation district making
application.
B. The name, address
and telephone number of a contact person with knowledge of the
application.
C. A brief narrative
of the project including benefits to be gained for the project.
D. Project budget, including funds requested
under this subtitle and amounts and sources of other funds. Budget shall be of
such detail to allow review of application for financial feasibility.
E. List of other governmental agencies,
groups, associations, corporations or individuals that have agreed to assist
with the project, including any in-kind resources that they will provide.
Monetary contributions should be listed in Subsection D above.
F. Any additional information requested by
the Executive Director.
G.
Application shall be authorized by the district board and signed by the
district chairman.
Section
222.6
Review of applications.
A. All applications received during
application period shall be reviewed by the Conservation Division Chief and
field staff.
B. The Conservation
Division Chief and field staff shall:
1.
Review the applications for feasibility, practicability, and potential benefits
to the applying district;
2. Rank
the applications; and
3. Make
recommendations to the Executive Director as to award of
grants.
C. After review
of the rankings and recommendations, the Executive Director shall make a
recommendation of projects to be funded to the Commission, based upon the
review and the project's potential to further the goals of the Arkansas Water
Plan, the Nonpoint Source Pollution Abatement Program, the Arkansas
Conservation Partnership Strategic Plan, or other identifiable conservation
goal.
Section 222.7
Award of grants.
After review of the applications and the recommendations of the
Executive Director, the Commission may make grant awards based upon the
potential benefits to conservation in the applying district, region or the
State as a whole.
Section
222.8
Grant agreement and reports.
A. Prior to providing funds, the Executive
Director and conservation district awarded a grant under this subchapter shall
enter into a grant agreement.
B.
The grant agreement shall incorporate the application by reference and
establish the terms and conditions of the grant. No funds shall be disbursed
prior to execution of the grant agreement.
C. At the completion of the project for which
grant funds have been provided, the conservation district shall provide to the
Executive Director a review of the project including, but not limited to the
following:
1. actual benefits of the
project;
2. how actual benefits
differed from what was expected; and
3. summary of project receipts and project
expenditures.
D. On
multiple year projects, this review shall be done annually.
E. Funds provided for under this subtitle
shall be accounted for as part of a conservation district's financial operation
as contained in Subtitle XIX of these rules. The Executive Director may require
additional accounting of funds as the Executive Director deems
necessary.
Section 222.9
Additional conditions.
The following conditions shall apply to grants provided under
this subtitle:
A. Maximum total grant
available per district is $25,000 per year. For multiple district applications,
grants of up to $25,000 per project per district per year may be
approved.
B. Grants shall be
awarded for only two years for the same or similar projects.
C. Grant funds must be matched by local cash
funds or cash equivalents on a ratio of $1 local to $2 grant. Local funds may
be used only once for any matching requirement.
D. At the time the grant application is
submitted under Section
222.5,
the conservation district must ask the Executive Director for a determination
that its proposed cash equivalents be eligible for the matching requirement.
The request must concisely describe the type and the source of the proposed
non-cash matching. Prior to or at the time of grant award, the Executive
Director will notify the requesting district of the acceptability of non-cash
matching as cash equivalents for Subsection C requirements.
E. In cases where the grant is used to fund
personnel, it must be used for newly hired personnel or additional hours of
existing employees.
Subtitle XXV.
Rules
governing the delegation and operation of the water conservation education and
information program by conservation districts
Section 225.1
Purpose.
A. The Commission pursuant to Ark. Code Ann.
§
15-22-907
is required to develop and implement an education and information program to
encourage water conservation. This program should increase the public's
awareness of the need for and techniques available for water
conservation.
B. The Commission has
determined that for this program to be most effective, a portion of the effort
should be on a local basis. Conservation districts are well qualified to
undertake the local water conservation education and information program and
are the most logical organizations to operate the program on a local basis.
This subtitle establishes the procedure for delegation and operation of a local
water conservation education information program by a conservation
district.
Section 225.2
Request for delegation of local program.
Upon request by a conservation district and determination by the
Executive Director that the district has the ability to successfully undertake
the program, the local portion of the education and information program may be
delegated to the requesting district under the terms of these rules.
Section 225.3
Memorandum of
understanding.
Any district wishing to obtain delegation of the local portion of
the education and information program within its boundaries shall enter into a
memorandum of understanding with the Commission agreeing to abide by the rules
of the Commission.
Section
225.4
Available funding.
The Commission will from time to time make funds available for
the education and information program to the districts operating the local
program. The source of the funds may be, but is not limited to, water use
reporting fees collected pursuant to Ark. Code. Ann. §
15-22-913 and
Titles III and IV of the Commission's rules.
Section 225.5
Local program
contents.
Each local program shall contain the following elements:
A. Education,
B. Training,
C. Technology transfer,
D. Technical assistance, and
E. Demonstration
projects.
Section 225.6
Specific local program activities.
The scope of the program must be tailored to meet local water
conservation needs and available funding. It may consist of any or all of the
following activities:
A. Making
presentations to civic groups, schools, and professional
organizations;
B. Producing
newsletters to be sent to all water users and other interested
groups;
C. Setting up displays at
meetings, symposiums, and the county fair;
D. Attending water conservation training
provided by the Commission, USDA, Natural Resources Conservation Service, or
other agency or group and utilizing that information within the
district;
E. Conducting or making
presentations at irrigation or conservation field days;
F. Assisting volunteer groups in developing
water education programs;
G.
Establishing a one-on-one training program for the water user;
H. Utilizing the local media, including radio
and television, to inform residents of water use reporting and water
conservation information;
I. Using
educational videos dealing with water use reporting and water resources
conservation information; or
J. Any
other activity that the Executive Director may approve.
Section 225.7
Specific local plan and
review.
A. As a part of the district's
operating plan submitted pursuant to Section
217.2(C)
of the Commission rules, the district shall outline the specific goals and
activities that it will undertake to accomplish these goals as part of its
local education and information water conservation plan.
B. A budget for the education and information
plan shall be prepared and submitted as part of the district's proposed budget
within the operating plan prepared pursuant to Section
217.2(D)
of the Commission rules.
C. An
assessment of last year's water conservation education and information
activities and its effectiveness in obtaining those goals shall be included in
the operating plan assessment required under Section
217.2(E)
of the Commission's rules.
Section
225.8
District transfer of funds.
A district obtaining delegation of the local water conservation
education and information program under this subtitle may, by appropriate
resolution of the district board, transfer funds held for use under this title
to the Arkansas Water Resource Agricultural Cost-Share Program fund created
under Title X of the Commission rules. Notice of this transfer shall be
properly noted in the district's permanent records and accounting
records.
