Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
001 - AGRICULTURE - GENERAL
Chapter 551 - RULES FOR CONDUCT OF THE ASSESSMENT PHASE OF THE AGRICULTURAL VIABILITY PROGRAM
Section 001-551-III - CRITERIA FOR DESIGNATION AND SELECTION

Current through 2024-38, September 18, 2024

A. Criteria for Designation of an Agricultural Region. The agricultural region shall be defined in the process of application and selection of the local lead agency. A potential local lead agency shall, in its application, propose an agricultural region for designation. The Commissioner shall select a region which can demonstrate to his satisfaction that it is a reasonably cohesive agricultural region. The area which the selected local lead agency and the Commissioner agree on shall be considered the LLA's agricultural region for the duration of the program unless changed by amendment pursuant to Section VI. The agricultural region shall be a geographically contiguous area. In the designation of an agricultural region, the Commissioner shall consider the following factors:

1. Orientation toward a shared marketing, supply and service center.

2. Shared constraints to and opportunities for agricultural viability.

3. Similar characteristics of land and water resources.

4. Size and geographic proximity which encourages citizen participation.

5. Orientation toward existing political boundaries. County, Soil and Water Conservation Districts and state designated planning districts are examples of such boundaries.

B. Criteria for Selecting a Local Lead Agency

While the Act indicates a preference for local soil and water conservation districts, the Act does not preclude other agencies or combinations of agencies from forming an organization for the purpose of conducting a regional agricultural viability program. Joint applications or combinations of soil and water conservation districts and other public or non-profit agricultural service or planning agencies are encouraged.

In selecting a local lead agency the Commissioner shall consider:

1. Understanding of the region's resources, problems and opportunities demonstrated by the comprehensiveness of the application.

2. Documented timeliness or urgency to undertake the program in the proposed region.

3. The likelihood of significant and recognizable implementation.

4. The impact of the projects mentioned in the application or their implementation on,
a. the local agricultural economy.

b. the general local economy.

c. the agricultural economy statewide.

d. the general economy statewide.

5. Demonstration of Community Support for, and participation In the program.

6. Demonstrated ability to administer funds, hire and supervise personnel or manage a contract.

7. Capability to undertake data gathering and analysis; successfully completed projects by the agency or subcontracting for such services shall be considered demonstration of such experience.

8. The experience and credibility of the agency in facilitating public participation, accurately hearing and effectively reflecting the concerns and ideas of local people.

9. Efficient use and coordination of existing staff, volunteers and resources of other agencies and organizations.

10. Clearly identified and accessible headquarters.

C. Application

Soil and Water Conservation Districts and other public and non-profit farmer organization will be notified of the opportunity to submit applications pursuant to section II, B, above. An acceptable application must Include information addressing the criteria as listed in A and B of this section. The application should include at the minimum:

1. Identification of the geographic boundaries of the proposed region.

2. A general description of the region's natural resources.

3. A review of current agricultural activities in the region.

4. A report on the preliminary perception of needs and opportunities.

5. A work plan indicating approach, designating responsibilities and schedules, consistent with. the legislation.

6. A plan to Involve farmers and citizens in the area.

7. Budget, Including contributions and in kind services.

8. Administrative structure Including Board of Directors$ or Its equivalent, and a description of staff capability.

9. Record of accomplishments of the agency or participating organizations.

10. Information which address the criteria (Section ,CB) for selection as a pilot program.

11. Any other Information the applicant considers supportive of its selection as a Local Lead Agency.

D. Selection Process

Using the criteria in Section A and B, the Commissioner upon consultation with the Advisory Committee shall select one or more proposals) which in his judgment best meet(s) the criteria.

E. Negotiation

Upon selection of the application(s) the Commissioner considers most qualified, he shall negotiate with each applicants) to:

1. Define the exact geographic boundary of the region. The Commissioner may work with the designated agency to modify region boundaries to be more consistent with the criteria in Section III-A. In cases where there are applications for overlapping or contiguous geographic regions, the Commissioner may suggest expanding the area in the proposed region or combining agencies.

2. Agree on funding level. Within the limits of available funds and based on the submitted budget the Commissioner and the potential agency will negotiate the allocation of the funds available. The Commissioner shall coordinate the most efficient use of existing resources, other funds and volunteer contributions.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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