Current through Register Vol. 49, No. 9, September, 2024
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" means the
Arkansas Natural Resources Commission.
B. "Conservation district" or "district"
means a district created under the Conservation District Law Act, Ark. Code
Ann. §
14-125-101, et seq.
C.
"District Director" means a member of the governing board of a conservation
district, as defined by Ark. Code Ann. §
14-125-301, et seq.
D. "Department" means the Arkansas Department
of Agriculture.
E. "Local Funds"
means funds provided to, or earned by, the district from a source other than
the state during the fiscal year of the request.
F. "Operating Plan" means a district's
proposed budget, goals, and annual report, as defined in Section 207.2 of these
rules.
G. "Special Project" means a
planned undertaking to research, demonstrate, construct or enhance the
conservation of land and water resources.
H. "Operating Funds" means state funds
provided to a conservation district with an operating plan approved by the
Department.
Section
201.4
District assistance.
The Department shall assist 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 VII.
District
operations
Section 207.1
Operating plan required.
Each year prior to September 1, the district shall submit to
the Department an operating plan for the fiscal year (July 1-June 30).
Section 207.2
Operating plan
contents.
The operating plan shall contain the following:
A. A brief statement of existing district
programs;
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 207.3
Disqualification from
State funding.
Failure to submit an operating plan acceptable to the
Department shall result in the district being disqualified from receiving
funds.
Section 207.4
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 public 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 Department immediately following approval.
Section 207.5
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 district 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
207.6
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
completion 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 VIII.
State
funding
Section 208.1
State fund
requests.A. Workers' compensation
premiums and fidelity bond premiums will be withheld and paid by the Department
from state funds prior to commitment of operating or special project
funds.
B. Application for operating
funds and the corresponding operating plan will be submitted to the Department
office by September 1.
C. The
Department's approval of the operating plan is necessary before operating funds
are distributed to the district.
D.
Following an initial election of a newly created conservation district or other
election as provided by law that is administered by the Department, the costs
of administering the election incurred by the Department shall be deducted from
operating funds owed to the district.
Section 208.2
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 Department.
E.
Upon completion of the project, all remaining state funds shall be returned to
the Department.
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 208.3
Approval of
applications.A. The Department 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 Department shall recommend to the
Commission, at its regular May 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 according to 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 Department
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 Department shall establish the maximum
amount of operating funds available for each district under this
subtitle.
Section 208.4
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 Department may withhold operating funds from any district that fails to
submit required reports, including the annual operating plan. The Department
may also withhold funds from districts that fail to meet deadlines for
administration of Department programs, including water use reporting.
Section 208.5
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
IX.
Financial records
Section
209.1
Accounting.A.
A district shall use an accounting system approved by the Department. 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 209.2
Financial report.
By September 1 of each year, the district shall submit to the
Department 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 209.3
Annual review
of financial records.A. The Department
shall provide a Certified Public Accountant to perform agreed-upon procedures
established by the Department.
B.
All district books are subject to review by Department staff.
Section 209.4
Report of
difficulties.
Districts shall immediately report any financial difficulty or
irregularity to the Department, who shall investigate and offer assistance. The
Department may also require additional financial reports or request an audit of
the district books and accounts by Arkansas Legislative Audit.
Section 209.5
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 Department 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
209.6
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 Department.
C. All money received for equipment rental
and the sale of goods shall be credited to the applicable accounts.
Section 209.7
Program
accounting.A. A district shall follow
the standardized chart of accounts established by the Department. 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
209.8
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 209.9
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 X.
Conservation district
beaver control program
Section 210.1
Purpose.A. The Conservation
District Beaver Control Program enables the Department 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 Department shall not be liable for
reimbursements requested after the money available for the program is
expended.
Section 210.2
District participation.
To receive money under the Conservation District Beaver Control
Program, conservation districts must submit a written beaver control plan to
the Department by January 1 of the applicable calendar year. The district plan
must be approved by the Department before reimbursable harvesting may begin.
The Department 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
Department for reimbursements by submitting the Reimbursement Form to the
Department 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 Department with quarterly reports and proof of payment to
trappers.
Section 210.3
Funding.A. After expiration of
the time for submission of beaver control plans, the Department 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 Department 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 Department 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 Department 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 Department 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
XI.
Conservation district grant program
Section 211.1
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 211.2
Availability of funds.A. Upon
review of the Department's annual appropriation for conservation districts and
other funds available for the district program, the Department 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 Department for this
purpose. The Department is not required to provide funds under this subtitle if
the funds are not appropriated or otherwise not available.
Section 211.3
Application period and
notification of application period.A.
Upon allocation of funds for this program by the Department, the Department
shall establish a period in which applications for funds available under this
program shall be accepted. The application period shall be at least thirty (30)
days.
B. The Department shall
notify each conservation district that applications are being accepted for the
program and the last day that applications will be accepted.
Section 211.4
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 211.5
Application
procedure.
Applications shall be in writing and submitted in a form
acceptable to the Department. 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 Department.
G. Application
shall be authorized by the district board and signed by the district
chairman.
Section 211.6
Review of applications.A. All
applications received during application period shall be reviewed by the
Department.
B. The Department
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
Department as to award of grants.
C. After review of the rankings and
recommendation, the Department 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 211.7
Award of grants.
After review of the applications and the recommendations of the
Department, the Commission may grant awards based upon the potential benefits
to conservation in the applying district, region or the State as a
whole.
Section 211.8
Grant agreement and reports.A.
Prior to providing funds, the Department and conservation districts 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 Department 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 IX of these rules. The Department may require
additional accounting of funds as the Department deems necessary.
Section 211.9
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 211.5, the conservation district must ask the
Department 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 Department 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 XII.
Rules governing the
delegation and operation of the water conservation education and information
program by conservation districts
Section
212.1
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 212.2
Request for delegation of local program.
Upon request by a conservation district and determination by
the Department 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 212.3
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 Department agreeing to abide
by the rules of the Commission.
Section
212.4
Available funding.
The Department 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 rules.
Section 212.5
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 212.6
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 Department, 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 Department may approve.
Section 212.7
Specific local plan and
review.A. As a part of the district's
operating plan submitted pursuant to Section 207.2(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 207.2(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 207.2(E) of the Commission rules.
Section 212.8
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.
