01-001 C.M.R. ch. 802
(APA Office Note: formerly Chapter 10 of the Soil and Water Conservation Commission, which was repealed by PL 1995 c.532 effective July 4, 1996.)
SUMMARY: This chapter provides the procedure to be followed by the Department in the disbursal of challenge grant funds to Soil and Water Conservation Districts pursuant to 12 M.R.S.A. §206.
'Department' shall mean the Department of Agriculture, Conservation and Forestry.
The 111th Legislature, in 1983, created a 'Fund to Encourage Local Soil and Water Conservation Projects' (12 M.R.S.A. Sec. V, §§ 205 and 206). Each year since then, the Legislature has appropriated $100,000 to be disbursed to the Conservation Districts to initiate this program. The Legislature specified that the money be:
'...disbursed periodically by the Maine Department of Agriculture, Food and Rural Resources on a competitive basis to one or more of the Soil and Water Conservation Districts for the funding of innovative soil and water conservation projects...'
The Legislature did not specify how to distribute the money or what criteria to use. It allows the Department to establish the rules, indicating the factors that should be used in establishing the selection criteria:
'The criteria shall, among other factors, address priority of need, boldness of approach, program feasibility and reproducibilities and verification of results...'
The guidelines are intended to assure that all the districts can successfully participate in this program. The purpose is to inform the districts of the procedures and criteria the Department will use in selecting projects. It is assumed that the value of the funds sought will exceed the available funds. While the point system proposed here is an aid in screening applications, subjective judgment is required in the use of the criteria. The judgment will be that of the Commissioner of Agriculture.
The goal of the Soil and Water Conservation Commission was expressed in its name. The Department and Districts have the statutory responsibility for the conservation of all the soil and water resources of the State of Maine. The Legislature has stated its intentions in 12 M.R.S.A. c. 1, §§ 2. Districts may address those concerns through the Challenge Grant Program.
Those concerns are as follows:
1. To encourage the optimal use of the state's agricultural resources;
2. To insure the availability of appropriate soil and water resources for the production of food and other renewable resources;
3. To provide for the conservation of the soil and water resources of the State;
4. To preserve natural resources and maintain the economic base for the state's natural resource based industries ... "
A. Only Maine's 16 Soil and Water Conservation Districts are eligible to compete for Challenge Grant Funds. B. No project will receive more than $20,000 in one program year. The Department shall annually establish this ceiling based on the appropriation. There is no limitation, however, on the number of projects for which a District may apply. In addition, Districts may apply for multi-year or multidistrict projects. C. Capital equipment purchases may be allowed under certain circumstances (see Section 7 Administrative Procedures, Subsection L. of these rules). D. Districts must demonstrate their ability to administer the grant by having an acceptable bookkeeping system, annual plan of work, and record of regularly scheduled meetings.
A. After the initial year, the Department shall annually establish a schedule for applications, grant award, and project completion. Districts will be notified of this schedule by January 1 of each year that funds are appropriated. B. The Department may wish to designate particular objectives at the time of the above announcement. The Department may also notify the Districts of any priority objectives for the coming year. C. The Department will develop a project application form for the districts' use. Information requested will include, but not be limited to:
1. the objective of the project.
2. an explanation of the needs being addressed.
3. a work plan.
4. a budget.
5. an explanation of how the project will achieve the objective and the public benefits to be gained.
D. The application must be signed by a majority of the District Supervisors. E. Any agreements required for the completion of the project (see section 7 - Administrative Procedures - Subsection D of these rules) will be attached to the application.
A. The Department shall fund successful applications at the third regular meeting following the deadline for submission of applications.
All decisions on whether or not projects will be funded will be based on a majority vote of the Department. The Department's decision shall be final.
B. The Department will use the following selection criteria to judge the merits of the project application. The following point system will guide the Department in the selection process and indicate the relative weight assigned to each of the chosen criteria.
The project will be judged on how well it addresses any or all of the four objectives listed in Section 3 of these Rules.
Maximum Points This Section...50
Addresses Priority Needs of District... 10
All projects proposed by the Districts should be written with the top priorities and needs of the local district in mind.
Maximum Points This Section...10
(a) Cost Effectiveness... 10
The cost of the project will be compared to the benefits realized by its completion. Considerations include the efficiency in using available resources and the extent to which this project addressed the magnitude of the problem.
(b) Work Plan and Schedule... 10
The work plan will be judged for feasibility and allotment of time and money to assure completion within the project time frame.
(c) Evaluation Measures... 10
Project should include a methodology for evaluation its success. A quantifiable measure is most desirable.
(d) Creative Use of Funding Sources... 10
The Department is encouraging proposals which effectively combine funds from other sources.
Maximum Points This section... 40
The number of people benefited; the acreage served; reduction in pollution and erosion; proportion of state to which this is applicable; contributions to our understanding of the problem; or additions to the information base will be considered public benefits.
The Department will review the project for uniqueness. If successful, is it a concept that could be used in other Districts? Is it a fresh approach to an old problem? Could it be considered a pilot project with a large potential for carry-over statewide?
The lasting effects of the project will be considered.
Maximum Points This Section...50
would be withheld until June 1st of that same fiscal year. The District must provide the Department a progress report by May 15th of that year. That report would be reviewed by the Department at their June meeting. The remaining portion of the funding would be awarded for the project contingent upon the Department finding that progress toward project goals is being made. If progress is lacking, the project would be terminated and the remaining funds reallocated to another project. The $20,000 ceiling will remain in effect unless otherwise stated by the Department.
H. Supervisors will review the progress of their District's Challenge Grant project(s) at each monthly meeting. A progress report will be included in the District minutes.
I. An additional progress report for the Department will be made at the District's first regular meeting following two months of project implementation. This report should reflect the expenditures of project funds at the end of that period and an estimate of the proposed expenditures through the completion of the project. That report should be reflected as a part of the minutes of that District meeting and the District should make every effort to alert the Department at that time of any potential problems foreseen in bringing the project to completion.
J. When the Department makes its announcement prior to January 1st of the availability of grant funds, it shall also specify the date when applications are due in the Department office, the date that grants will be awarded, and the date the project completion report is due in the Department office.
K. In the case of experimental projects or projects where data must be collected, the Department encourages the Districts to seek professional assistance for review of the experimental design and methodology.
L. Challenge Grant Funds may be used to purchase Capital Equipment if:
1. the District adequately demonstrates the need for a capital equipment purchase;
2. the plans for disposal of any proceeds from the sale of the equipment are approved by the Department;
3. the cost of the equipment does not exceed 25% of the total Challenge Grant funds request;
4. the District provides a satisfactory explanation of equipment maintenance procedures and responsibilities.
M. At the completion of the project, the District will have a financial audit performed and a report of that audit shall be submitted to the Department as soon as it is available, along with a check for all unexpended funds. The final report is also required at the completion of the project (see Administrative Procedures Section 7 - subsection J above.)
March 21, 1988
May 4, 1996
March 2, 2000 - converted to MS Word
July 4, 1996 - to 01-001, Department of Agriculture, Food and Rural Resources
November 17, 2000 - agency name changes made
May 19, 2008 – bolding
February, 2014 – agency names, formatting