(a) Applicants must demonstrate LMI beneficiary percentages of fifty-one percent (51%) or greater, based on:

1. (1) A survey of one hundred percent (100%) of the households affected by the project, current to within thirty-six (36) months;
2. (2) Data from the most recent federal decennial census; or
3. (3) Specific project clientele (including elderly persons, severely disabled adults, illiterate adults, and migrant farm workers) classified as LMI regardless of income.

(b) Applicants must adhere to the following guidelines when conducting LMI surveys:

1. (1) Only residential households may be counted as beneficiaries;
2. (2) If the property is rental, the renter counts as the beneficiary for LMI determination purposes;
3. (3) Seasonal residents who receive service for any part of the year are counted as beneficiaries;
4. (4) Vacant lots and uninhabitable residences do not count as beneficiaries;
5. (5) Vacant, inhabitable residences count as non-LMI beneficiaries; and
6. (6) Residents who do not respond in an income eligibility survey count as non-LMI beneficiaries.

(c)

1. (1) Applicants who fail to document fifty-one percent (51%) or more of the beneficiaries are LMI at the close of the project will be disqualified from ACEDP funding.
2. (2) In such cases the Arkansas Natural Resources Commission will pursue remedies per 15 CAR § 28-501(a).