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8400.0900 DISTRICT ADMINISTRATION OF PROGRAM FUNDS.

Subpart 1.

General.

Following receipt of grant funds from the state board, a district is responsible for administration of the funds in accordance with Minnesota Statutes, chapter 103C, parts 8400.0050 to 8400.1900, program policies, and all other applicable laws. All funds allocated to districts must be used for the purposes designated by the state board.

Subp. 2.

Maximum cost-share rate.

Prior to considering any applications from land occupiers for cost-share assistance, the district board shall establish cost-share rates for conservation practices to be installed under the program, up to the maximum rates established by the state board.

Subp. 3.

[Repealed, 37 SR 1277]

Subp. 4.

Criteria for district board review.

The district board shall use the factors in items A to D to determine practice eligibility and to review applications for conservation practice funding.

A.

The application must be signed by the land occupier and the landowner, if different, indicating their agreement to:

(1)

grant the district's representatives access to the parcel where the conservation practice will be located;

(2)

obtain all permits required in conjunction with the installation and establishment of the practice prior to starting construction of the practice; and

(3)

be responsible for operation and maintenance of conservation practices applied under this program according to an operation and maintenance plan prepared or approved by a district technical representative or the district's delegate.

B.

Costs to repair damage to conservation practices installed with state cost-share dollars are eligible if the damage was caused by reasons beyond the control of the land occupier.

C.

If the practice has fully met or exceeded its designed effective life, the cost to reconstruct the practice is eligible for cost-share assistance.

D.

Conservation practices where construction has begun prior to district approval are ineligible for financial assistance. The board may waive this requirement for emergency needs.

Subp. 5.

Entering into contract.

After review of practice eligibility, the district board, or its delegate, shall approve or deny the application. If the application is approved, the district board, or its delegate, may enter into a contract with the land occupier.

Statutory Authority:

MS s 40.036; 103C.501; 103F.531

History:

9 SR 2439; 20 SR 2185; 37 SR 1277

Published Electronically:

March 7, 2013