Wyo. Code R. 060-0003-3
Loan and Investment Board
Chapter 3: Federal Mineral Royalty Capital Construction Account Grants
Effective Date: 04/28/1993 to 03/04/1996
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0003.3.04281993
FARM LOAN BOARD
Section 1. Authority. This chapter is adopted pursuant to W.S. 9-4-604 and Laws 1979, Chapter 160, Section 6.
Section 2. Definitions. As used in this chapter:
(a) "Board" means the Wyoming Farm Loan Board. (b) "Director" means the Director of the State Land and Farm Loan Office. (c) "In-kind contributions" means land, labor, materials, and equipment provided by the applicant and used for project purposes. (d) "Office" means the State Land and Farm Loan Office. (e) "Public facilities" means facilities owned or to be owned by the applicant. (f) "Special district" means hospital, fire protection, sanitary and improvement, solid waste disposal, improvement and service, and water and sewer districts.
Section 3. General Policy. The Board shall award grants under the provisions of this chapter in such a manner and to such applicants as shall, in the judgement of the Board, inure to the greatest benefit of the citizens of the state and represent a prudent use of grant funds.
Section 4. Grant Eligibility.
(a) Applicants. Incorporated cities and towns, counties, special districts and joint powers boards shall be eligible to apply for grants under this chapter. If the applicant is a special district or joint powers board, it must be legally formed and approved prior to grant application. (b) Purposes. Grants may be awarded for municipal, county or special district purposes involving the planning, construction, acquisition, improvement, or emergency repair of public facilities, emergency refinancing of existing debt for public facilities, and acquisition of emergency vehicles. Grants shall not be awarded for operating, administrative or routine maintenance purposes.
(c) Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from grant funds:
(a) Applications. Separate applications shall be prepared for each project. Applicants shall submit five (5) copies of their completed application to the office.
(b) Timing. The Board shall meet regularly on the third Thursday of each January and July to consider applications for grants under this chapter. Applications for the January Mineral Royalty Grant meeting must be received by the third Thursday of the preceding October. Applications for the July Mineral Royalty Grant meeting must be received by the third Thursday of the preceding April. Applications for emergency consideration must be received at least 10 days prior to any regular meeting of the Board.
(c) Renewal of Applications. Applications shall be retained by the office and may be renewed by a written request from the applicant received within the time period established in subsection (b) of this section. If applications are not renewed, they shall be destroyed by the office.
(d) Information Required for All Applications. The following information shall be provided in all applications:
(iv) An engineer's statement of the feasibility of the project.
(v) The geographic area and population served by the project.
(vi) A description of other project funding sources, committed or pending, and the portion of the project cost expected to be funded from each source, including any future grant applications under this chapter. A copy of the funding commitment from other participants must be provided.
(vii) If the applicant is a special district, the application shall also include documentation of the formation of the special district and certification from the Board of County Commissioners that the special district currently exists.
(viii) Applications shall be properly executed by the officers of the applicant. A copy of the resolution authorizing the filing of the application shall be attached.
(e) Information Required For More Than 50% Grants: If the grant funds requested by the applicant exceed 50% of estimated project costs, the following information shall also be provided in the application:
(i) Assessed valuation.
(ii) Bonded indebtedness.
(iii) Mills levied for operating expenses, and if applicable, special district levies chargeable against the general city or town levy.
(iv) Sales taxes imposed within the jurisdiction of the applicant.
(v) If the grant request is for water facilities, the following information shall also be provided:
(A) Whether water meters have been installed or will be installed.
(B) Whether applicant will require the owners of all new additions of land to the city or town to pay all costs of expanding the water system within and to the boundaries of the addition.
(C) The water rates, tap fees, and plant investment fees in effect or to be adopted, and an analysis of whether the water rates will be adequate to finance the operation and maintenance of the system.
(vi) If the grant request is for sewer facilities, the following information shall also be provided:
(A) Whether applicant will require the owners of all new additions of land to the city or town to pay all costs of expanding the sewer system within and to the boundaries of the addition.
(B) The sewer rates, tap fees, and plant investment fees in effect or to be adopted, and an analysis of whether the sewer rates will be adequate to finance the operation and maintenance of the system.
(f) Preliminary Review. Within 45 days of receipt of an application, the office shall notify the applicant, in writing, if the application lacks any of the items required in subsections (d) and (e) of this section. The applicant shall have 15 days to submit the required information.
(g) Incomplete Applications. Incomplete applications shall not be presented to the Board for consideration.
(a) Criteria. The Board shall evaluate and prioritize applications utilizing the following criteria:
(i) Whether the project is necessary to meet federal or state health and safety requirements.
(ii) The percent of funding committed to the project from other
sources.
(iii) Whether the project is appropriately sized in relation to the population to be served by the project.
(iv) The relative urgency of the project.
(v) Whether the applicant is current on all its repayment obligations to the Board.
(vi) The extent to which the applicant is utilizing, or plans to utilize, available and qualified Wyoming based professional firms and contractors on the project.
(b) Social and Economic Impact. The Board shall give priority to projects in those subdivisions of the state socially or economically impacted by development of minerals leased under the Federal Mineral Leasing Act of 1920 (30 U.S.C. 181, 191).
(c) Interagency Consultation. The Board may request that pertinent state agencies review the applications and provide comments to the office for Board consideration.
(a) The Board shall consider each application individually, allow for comments from the applicant and from the Director, and establish the maximum amount of the grant and the percent of eligible project costs that will be paid by the grant.
(b) At each mineral royalty grant meeting, the Board shall not grant funds in excess of ninety (90%) percent of the funds currently on deposit and available for grant. The remainder shall be reserved for emergency situations.
(c) Grants shall not exceed 50% of eligible project costs unless the Board makes the required determinations under W.S. 9-4-604(g)(ii) or W.S. 9-4-604(h)(ii), and, if the grant is for water facilities, the Board shall determine whether water meters shall be required as provided under W.S. 9-4-604(g)(ii)(A).
(a) Fund Disbursement. Grant funds shall be disbursed to the applicant only as needed to discharge obligations incurred in accordance with the Board approved percentage split of eligible project costs. Requests for disbursements shall be made on a form supplied by the office and supported by adequate proof that such obligations have been incurred for project purposes and are due and owing.
(b) Fund Reversion.
(i) If the Director determines that the project has not been commenced or pursued to completion within a reasonable time, he shall notify the grantee in writing at least 30 days prior to presenting the matter for Board review. The Board, upon review of the project circumstances, may terminate or modify the grant award if it determines that the project has not been commenced or pursued to completion within a reasonable time.
(ii) If, upon completion of the project, the entire amount of the grant has not been expended, the unused portion of the grant shall revert to uncommitted status.
Section 9. Audits and Inspections. The Board may, at its expense, conduct an audit of the records of the applicant and inspect the construction and operation of the project.