Current through Register Vol. 49, No. 9, September, 2024
Subtitle
I.
General provisions
Section 1001.1
Purpose.
The purpose of these rules is to establish the procedures for
implementing the Arkansas Water Resource Agricultural Cost-Share Program. These
rules are applicable to both the commission and conservation districts, when
receiving commission delegation to implement the program.
Section 1001.2
Enabling and pertinent
legislation.A. Ark. Code Ann. §
15-22-913 through 914, Arkansas
Groundwater Protection Act.
B. Ark.
Code Ann.§
15-22-507, Water Development
Fund.
C. Ark. Code Ann. §
15-20-201 through 207, Arkansas
Natural Resources Commission.
D.
Ark. Code Ann. §
14-125-101 through 907,
Conservation Districts Law.
Section
1001.3.
Definitions.
The following definitions shall apply to all parts of this
title:
A. "Agricultural Cost-Share
Program" means the program administered by the United States Department of
Agriculture pursuant to 16
U.S.C. §
590g -q3, 7 C.F.R. Part 701 and
1 -AR(ACP)(Rev. 11) Part 2, as amended.
B. "Commission" means the Arkansas Natural
Resources Commission, as defined in Ark. Code Ann. §
15-20-201 through 207.
C. "Conservation Plan" means a set of
decisions addressing resource use, development and conservation on a unit of
land or water. The decisions are formally recorded in the conservation plan
document that describes the schedule of operations and activities needed to
solve identified problems.
D.
"Cooperator" means a person who has entered into a cooperative agreement with a
conservation district to work together in planning and carrying out resource
use, development, and conservation on a specific land area.
E. "District" means a conservation district
created under the Conservation District Law, Ark. Code Ann. §
14-125-101 through 907.
F. "Director" means the Director of the
Arkansas Department of Agriculture Natural Resources Division.
G. "Department" means the Arkansas Department
of Agriculture.
H. "Water
conservation and development project or practice" means a project or practice
to preserve or protect water. This term includes projects that result in either
water quantity or quality benefits or substitutes the use of surface water for
groundwater such that the groundwater resource may be protected.
Section 1001.4
District
transfer of funds.
A district obtaining delegation under Subtitle II of this Title
may by appropriate resolution of the board of directors transfer funds held for
use under this title to the water conservation education/information fund
created under Subtitle XXV of Title II of the commission rules. Notice of this
transfer shall be properly noted in the district permanent records and
accounting records.
Subtitle
II.
Procedure for delegation of Agricultural
Cost-Share Program to conservation districts
Section 1002.1
Memorandum of
understanding.
Any district wishing to obtain delegation of the agricultural
cost-share program within its boundaries shall enter into a memorandum of
understanding with the commission agreeing to abide by these rules.
Section 1002.2
Annual
plan.
Upon delegation, a district shall develop an annual plan in
which it prioritizes water conservation activities within the district. The
district shall take this plan in account when considering applications for
financial assistance under this program. This plan shall be reviewed and
updated annually. This plan must be submitted to the commission at the time the
District Operating Plan, required under Title II Section
217.2 of the Commission Rules
Governing Conservation Districts, is submitted.
Section 1002.3
Report of
activities.A. The district shall
provide the department a copy of the annual reports of cost-share activities
within the district. These reports shall be in a form acceptable to the
director and may include, but are not limited to, the following information:
1. Number and type of applications
received.
2. Number and type of
projects or practices approved.
3.
Benefits to be received from approved projects or practices, and amount of
cost-share funding approved.
4.
Projects or practices completed, including cost-share funds disbursed and
estimated dollar value of projects or practices installed. Benefits to be
received from the installed project or practice, including estimated quantity
of benefits received (e.g., Acre feet of groundwater use converted to surface
water use).
5. Projects
pending.
B. This report
shall be submitted with the assessment of activities required to be submitted
to the director pursuant to Title II Section
217.2 E of the Commission Rules
Governing Conservation Districts.
Section 1002.4
Financial
records.A. A district obtaining
delegation under this program shall establish and maintain a system of
management and accounting for cost-share funds that is acceptable to the
director.
B. Funds provided under
this program to a district shall be subject to the financial reporting
requirements of Subtitle XIX of Title II of the Commission's Rules Governing
Conservation Districts.
Subtitle III.
Application
procedures - generally
Section
1003.1
Applicant in general.
A. An applicant may be an individual,
partnership, corporation, limited liability company, joint venture, watershed
improvement district, drainage district, or regional water distribution
district.
B. Except for drainage
and watershed improvement districts, the applicant must be the owner of the
property where the project is to be constructed/installed or have property
rights to said land that equal or exceed the predetermined project life of the
project for which funding is requested.
Section 1003.2
Applicant must
becooperator.
An applicant must be a cooperator with the district in which
the cost-share funds are to be expended. If applicant is a joint venture, then
all individuals shall be cooperators. This section shall not be applicable to
drainage or watershed improvement districts.
Section 1003.3
Conservation plan on
file.
The farm on which the proposed project is located must have a
current conservation plan on file with the district. This conservation plan
must identify the proposed practice or project as a solution to one or more
identified water conservation problems.
Section 1003.4
Application
period.
Applications for agricultural cost-share funds shall be
accepted during the months of October, November, December, and January, unless
otherwise approved by the director.
Section 1003.5
Application
procedure.
Applications shall be made on forms provided by the district or
department and approved by the department. Required information includes, but
is not limited to, the following:
A.
Name, address and telephone number of the applicant.
B. Description of proposed practice or
project.
1. location of project
2. type of project
3. sketch showing the location of proposed
practice or project
C.
Benefits to be obtained from the proposed project.
Section 1003.6
Application
review.A. As soon as practicable after
the close of the application period, the applications received shall be
reviewed. In making a decision concerning an application consideration shall be
given to the proposed project furtherance of the local district's annual plan,
the Arkansas Water Plan developed by the department and any other applicable
plan of the department or the Arkansas Department of Energy and
Environment.
B. All applications
shall be prioritized as to benefits to be received in accordance with
Subsection A. Applications shall be approved based upon this
prioritization.
Section
1003.7
Additional technical information on highest ranking
applications.
The director for applications made to the department, or the
district board of directors for applications made to a district, shall request
that applicants with highest priority ranking applications submit additional
technical information concerning their applications. The following information
shall be completed in consultation with the United States Department of
Agriculture, district or department technical staff or an Arkansas licensed
professional engineer and submitted to supplement the application:
A. Estimate of extent of work (e.g. number of
acres, feet of pipe, cubic yards of dirt).
B. Estimated construction schedule.
C. Estimated cost of project or
practice.
D. Amount of cost-share
funds requested.
If the applicant does not provide the additional information
within thirty (30) days, the application will lose its priority ranking. As
additional cost-share funds become available, applicants with the next
highest-ranking priority shall be requested to submit this additional
information.
Section 1003.8
Consideration of applications.
A. The director on applications made to the
department, or the district board of directors on applications made to a
district, may approve, disapprove or approve subject to conditions or
limitations on any application received.
B. An application may be approved for the
current year and up to two years into the future.
C. No application shall be approved for
cost-share funds in excess of five thousand dollars (5,000) per year.
For joint venture applications, the limitation under this
subsection shall be applicable to each individual joint venture
participant.
Section 1003.9
Limitation of cost-share participation
A. Cost-share participation under this
program is limited to sixty percent (60%) of allowable costs.
B. Total cost-share participation from all
contributing sources, including federal, state and local sources, is limited to
seventy-five percent (75%) of allowable costs.
Subtitle IV.
Projects and
practices - generally
Section
1004.1
Project design criteria.
All projects or practices shall be designed and installed in
compliance with current standards and technical specifications of the United
States Department of Agriculture or other standards and specifications approved
by the director.
Section
1004.2
Project design.
All projects or practices shall be designed by an employee of
the United States Department of Agriculture, district, or department or by an
Arkansas licensed professional engineer.
Section 1004.3
Final inspection.
Upon completion of the installation of a project or practice,
an inspection shall be conducted by a representative of the district,
department or United States Department of Agriculture to ensure the projects
are installed in compliance with applicable standards. Any deficiency found
must be corrected prior to the disbursement of cost-share funds.
Section 1004.4
Project
maintained for project life.A. All
projects or practices constructed or installed under this program shall be
properly maintained for the predetermined project life. Project maintenance
shall be the responsibility of the applicant.
B. If a project or practice funded under this
program is removed prior to the end of its predetermined life, the applicant
shall repay to the department or district the pro rata share of the remaining
life of the project or practice. For example: A project with a ten-year
predetermined life is removed four years after being installed, then (10 -
4)/10 or sixty percent (60%) of the cost-share funds must be returned to the
district or department.
C. The
district and department reserve the right to make periodic inspections of the
project or practice during the predetermined life of the project or practice.
Subtitle V.
Approved projects and practices
Section 1005.1
Projects and practices
approved by the United States Department of Agriculture.
All projects and practices approved for Arkansas by the United
States Department of Agriculture shall qualify as an approved water
conservation and development project and be eligible for cost-share assistance
under this program.
Section
1005.2
Projects and practices approved by the
director.
The director may approve certain classes of projects and
practices as water conservation and development projects eligible for
cost-sharing under this program.
Section
1005.3
Specific project approval.
An applicant wishing to develop a project or practice not being
approved under Sections 1005.1 or 1005.2 of this Title may request approval of
the project from the director. Upon approval by the director as an approved
water conservation and development practice, the project or practice shall be
eligible for cost-share funding under this program.
Subtitle VI.
Agreements and
payments
Section 1006.1.
Cost-share agreement.
Within sixty (60) days after approval of an application, or if
application is approved subject to availability of funds sixty (60) days after
applicant is notified that funds are available, the applicant must enter into a
cost-share agreement with the district or department. The form of the agreement
must be approved by the director.
Section 1006.2
Supplemental design,
construction, or operation information.
The district or department may require additional information
concerning design, construction, or operation of the project or practice at any
time.
Section 1006.3
Payment request and certification.
Upon final inspection and approval of the project or practice
by the department or district, the applicant may request payment of cost-share
funds. This request shall be in a form approved by the director and at a
minimum contain:
A. An accounting of
expenses incurred in the installation of the project or practice.
B. The allowed cost-share expenses.
C. Certification by the applicant that the
project or practice was installed in compliance with approved
specifications.
Section 1006.4
Payment of cost-share funds.
Upon satisfactory review and approval, the department or
district shall make the proper payment to the
applicant.
