reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 4 - Cost Share Procedures › Rule 2-903-4.6 - District Allocation Balance Ledger (MCSP- 3)

Current through June 25, 2024
Each district receiving an allocation of cost share funds
				  must maintain a balance ledger (MCSP-3) to insure no more funds are delegated
				  than the amount available. As an application is approved for cost share
				  funding, the average amount of the practice will be subtracted from the
				  district's current balance. This will provide a current running balance of the
				  district's available funds for obligation. It is important that this ledger be
				  kept current on a daily basis. This form is located at the end of Part
				  903.
A. Name of district.
B. Fiscal year.
C. Page number.
D. Date of approved application.
E. Practice priority number.
F. Application number.
G. Applicant's name.
H. Landowners name.
I. Debit or credit to allocation. Approved
				applications are subtracted from the balance; original allocations of funds to
				district, reallocation of funds from commission, or application previously
				approved which are withdrawn are added to balance.
J. Balance available for
				obligation.
Miss. Code Ann.
				  §§
										69-27-9,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 4 - Cost Share Procedures › Rule 2-903-4.7 - Summary of MCSP Request (MCSP)

Current through June 25, 2024
All applications received by the district should be entered
				  on the Summary of MCSP Requests form (MCSP-4). They should be entered as
				  received and each time the commissioners meet to approve additional
				  applications, all the applications entered here that have been recommended and
				  certified will be approved in order of practice priority and then date of
				  application until balance of application is obligated. This summary also serves
				  as a tracking system to identify outstanding service needs. These forms are
				  located following Part 903. The form should be completed as follows:
A. Fiscal year.
B. District name.
C. Practice priority number.
D. Applicant's name.
E. Application date.
F. Application number.
G. Practice number.
H. Practice name.
I. Application meets eligibility
				requirements. (Y=yes; N=no)
J.
				Initialed by technician if practice installation is recommended.
K. Initialed by technician if practice
				installation is not recommended.
L.
				Check only when commissioner approved obligated funds.
M. Installation of practice certified
				complete and according to specifications.
(Y=yes; N=no)
N. Check when payment notice received from
				commission.
Miss. Code Ann.
				  §§
										69-27-9,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 4 - Cost Share Procedures › Rule 2-903-4.8 - Amendment 1 of the Cost Share Program Handbook

Current through June 25, 2024
The "Cost Share Program" handbook that is used to implement
				  the Mississippi Soil and Water Conservation Cost Share Program will be used to
				  implement the EPA Cost Share Land Treatment Program (Section 319 Funds) with
				  the following exceptions:
A. The best
				management practices and definitions are shown on Attachment 1. The best
				management practices that are eligible for cost share are shown on Attachment
				2.
B. There is no limit on the
				amount of cost share funds that a participant can receive annually.
C. The cost share rate for all eligible
				practices is 60% federal funds and 40% local funds. The component parts that
				are eligible for cost share are set forth in each practice write up in Section
				500. (Exception: For EPA 319 funded projects land preparation will be
				considered a component part and will be included in the total cost of applying
				the BMP.) In addition, the value of land taken out of production will be
				considered a component in the installation of structural practices
				only.
D. If a participant
				established a BMP at 100 % his/her cost, this cost can be included to meet 20%
				of the local cost of another eligible cost share BMP. A minimum of 20% of the
				cost of eligible BMP's must be in cash contributions. In no instance will a
				participant receive cost sharing in an amount greater than the cost of
				implementing a BMP.
E. The 40%
				contribution may be considered for a single BMP or an entire farm basis. At the
				time a cost sharing BMP is applied, the participant must have already
				contributed or will contribute the 40% local cost at that time.
F. The "worksheet to determine cost sharing"
				(Attachment 3) will be used for the farm and filed in the conservation plan
				folder. The cost of the component parts and/or non cost sharing Best Management
				Practices will be circled when carried out by the participant. This will
				document the contribution of the participant.
G. The cost information shown on Attachment 4
				will be used unless otherwise approved by the Soil and Water Conservation
				Commission.
H. Although required
				for other BMPs, the determination, cost and use of component parts is not
				applicable for BMP Conservation Tillage (No-Till) or Reduced Tillage. File this
				Amendment and attachments in back of Section 400 "Cost Share Procedures" in the
				Cost Share Program Handbook. Make notation on the "Administrative Procedures
				Update Record", Page VI of the Handbook.
Miss Code Ann.
				  §§
										69-27-9,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 5 - Approved Practice Standard, Specifications Component Parts and Maintenance › Rule 2-903-5.1 - Approved Practices

Current through June 25, 2024
Approved Practices.
A. Erosion Control
Practice Number
Practice Name
Cost Share Rate
SEC-1
Terraces
60%
SEC-2
Field Borders
60%
SEC-3
Grassed Waterways
60%
SEC-4
Conservation Tillage (No-Till)
60%
SEC-5
Water & Sediment Control Basins
60%
SEC-6
Establishment of Permanent Vegetation
60%
SEC-7
Critical Area Planting
60%
SEC-8
Tree Planting
60%
SEC-9
Grade Stabilization Structure
60%
SEC-10
Strip Cropping Systems
60%
SEC-11
Reduced Tillage
60%
SEC-12
Cover & Green Manure Crop
60%
SEC-13
Pasture & Hayland Planting
60%
SEC-14
Streambank & Shoreline Protection
60%
SEC-15
Chiseling and Subsoiling
60%
SEC-16
Heavy use Area Protection
60%
SEC-17
Forest Land Erosion Control System
60%
SEC-18
Prescribed Grazing
60%
SEC-19
Nutrient Management
60%
B. Water Conservation
WC-1
Irrigation Land Leveling
60%
WC-2
Irrigation System, Tailwater Recovery
60%
WC-3
Irrigation Water Conveyance Pipe Line
60%
WC-4
Irrigation Storage Reservoirs
60%
WC-5
Establishment of Permanent Vegetation
60%
WC-6
Tree Planting
60%
WC-7
Ponds
60%
WC-8
Animal Waste Control Facilities
60%
WC-9
Diversions
60%
WC-10
Livestock Pond Renovation
75%
C. Wildlife
W-1
Field Borders
60%
W-2
Filter Strip
60%
W-3
Prescribed Burning
60%
W-4
Wildlife Upland Habitat Management
60%
W-5
Wildlife Wetland Habitat Management
60%
D. Water Quality
WQ-1
Integrated Crop Management
60%
WQ-2
Fencing
60%
WQ-3
Trough or Tank
60%
WQ-4
Agrichemical Mixing Center
60%
WQ-5
Structure for Water Control
60%
WQ-6
Buffer Zone
60%
WQ-7
Check Dam
60%
WQ-8
Concrete Grid & Modular Pavement
60%
WQ-9
Constructed Wetland
60%
WQ-10
Detention Basin
60%
WQ-11
Lined Waterway
60%
WQ-12
Parking Lot Storage
60%
WQ-13
Paved Flume
60%
WQ-14
Rock Outlet Protection
60%
WQ-15
Slope Drain
60%
WQ-16
Sub Surface Drain
60%
WQ-17
Water Bar
60%
WQ-18
Retention Basin
60%
WQ-19
Silt Fence
60%
WQ-20
Permanent Seeding
60%
WQ-21
Stream Crossing
60%
WQ-22
Chemical Container/Used oils-Lubricants Recycling
0
WQ-23
Cattle Feed & Waste Management Facility
60%
WQ-24
Well Decommissioning
60%
Miss Code Ann.
				  §§
										69-27-9,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 5 - Approved Practice Standard, Specifications Component Parts and Maintenance › Rule 2-903-5.2 - Practice Definition, Purpose, Where Applicable, Component Parts and Maintenance

Current through June 25, 2024
Practice Definition, Purpose, Where Applicable, Component
				  Parts and Maintenance.
A. Soil Erosion
				Control
I.
SEC 1 -
				Terraces
1. Definition - An earth
				embankment, a channel or a combination of ridge and channel constructed across
				the slope.
2. Purpose -Terraces are
				constructed to reduce erosion damage and improve water quality by intercepting
				surface runoff and conducting it to a stable outlet at a non-erosive
				velocity.
3. Where applicable -
				Cropland subject to erosion from water runoff.
4. Policies:
a. Cost sharing is authorized for:
i. Terraces and the necessary leveling and
				filling to permit installation of an effective system.
ii. Removal of stone walls or hedgerows if
				necessary to permit installation of an effective system.
iii. Materials and installation of
				underground pipe outlets and other mechanical outlets.
iv. Necessary vegetative protective outlets
				or waterways.
v. Converting the
				present system to a new system ONLY if the present system is not serving its
				intended conservation purpose. Cost sharing may not be authorized to maintain
				or if the sole purpose is that of converting because of a change in cropping
				patterns or equipment used by the farmer.
b. A protective outlet or waterway that is
				installed solely as an outlet for the terrace system and serves no other
				conservation purpose should be cost shared as a component of this practice. A
				protective outlet or waterway which, by itself, solves a conservation problem,
				but also serves as an outlet for a terrace system, should be cost shared under
				practice SEC-3.
c. The system shall
				be maintained for a minimum of ten (10) years following the calendar year of
				installation.
5.
				Specifications - SCS Specification No. 600 will be used.
6. Component parts that are eligible for 60%
				cost share:
a. Earth moving
b. Pipe (new and used)
c. Appurtenances
d. Installation of materials (1, 2, &
				3)
e. Seeds, sprigs or sod
f. Fertilizer and
g. Lime
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.1 - Definitions

Current through June 25, 2024
The following words shall have the meanings ascribed herein
				  unless the context clearly required otherwise:
A. "Commission" shall mean the Mississippi Soil and Water
				  Conservation Commission.
B. "District" or "soil and water conservation district" means
				  a governmental subdivision of the state and a public body, corporate and
				  politic with the powers and subject to the restrictions hereinafter set
				  forth.
C. "State" means the State of Mississippi.
D. "Agency of this state" includes the government of this
				  state and any subdivision, agency or instrumentality, corporate or otherwise,
				  of the government of this state.
E. "United States" or "agencies of the United States"
				  includes the United States of America, the United States Department of
				  Agriculture, and any other agency or instrumentality, corporate or otherwise,
				  of the United States of America.
F. "Government" or "governmental" includes the government of
				  this state, the government of the United States, any subdivision, agency or
				  instrumentality, corporate or otherwise, of either of them.
G. "Landowner" or "owner of land" includes any person, firm
				  or corporation who shall hold legal or equitable title to any lands lying
				  within a soil and water conservation district.
H. "Land operator" or "operator of land" includes any person,
				  firm or corporation, other than the owner, who shall be in possession of any
				  lands lying within a soil and water conservation district whether as lessee,
				  renter, tenant or otherwise.
I. "Eligible lands" shall mean lands owned or leased by a
				  private individual, group or association, and lands owned by the State of
				  Mississippi or any political subdivision thereof.
J. "Cost share assistance" shall mean partial financial
				  assistance in such amounts as the commission, in its discretion, shall
				  determine, subject to the limitations as set by the State Soil and Water
				  Conservation Commission.
K "Approved practice" means those farming practices or
				  operations that are carried out in a manner that will directly benefit the
				  conservation, development or proper utility of soil and water
				  resources.
Miss. Code Ann.
				  §§
										69-27-1,
				  69-27-301(1972)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.2 - Administration of program

Current through June 25, 2024
The Commission shall serve as the administrator of the
				  provisions of this act and shall serve as the disbursing agency for funds to be
				  expended from and deposited to the credit of the Soil and Water Cost Share
				  Program.
Miss. Code Ann. §
										69-27-305
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.3 - Rulemaking powers

Current through June 25, 2024
The Commission shall adopt and promulgate such rules and
				  regulations as necessary for the implementation of the Mississippi Soil and
				  Water Cost Share Program. The Commission is authorized to conduct public
				  hearings or otherwise seek the advice, counsel and recommendations of
				  interested owners, associations, industrialists or other persons or
				  groups.
Adequate notice of any public hearing must be provided within
				  the general area of the site of the hearing. The commission shall publish such
				  rules and regulations and shall make the same available upon
				  request.
Miss. Code Ann. §
										69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.4 - Use of funds appropriated for commission

Current through June 25, 2024
The commission is authorized to use money appropriated
				  therefore to assist in implementing approved practices on a cost sharing basis
				  on eligible lands in the State of Mississippi.
Miss. Code Ann. §
										69-27-309
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.5 - Implementation of program; recovery of improperly used grants

Current through June 25, 2024
The commission shall have the following powers and duties to
				  implement the provisions of the Mississippi Soil and Water Cost Share
				  Program:
A. To determine which approved
				practices shall be eligible for cost share assistance;
B. To establish maximum sums and cost share
				rates which any one eligible landowner or land operator may receive for
				implementation of an approved practice;
C. To review periodically the costs of
				establishing conservation practices and to make such adjustments as, in the
				discretion of the commission, is necessary.
Upon request of the commission, the Attorney General of the
				  State of Mississippi shall institute proper legal proceedings to recover any or
				  all of the cost share assistance provided an eligible landowner or land
				  operator if the commission shall determine that the landowner or land operator
				  failed to implement any portion of or all of the practice approved by the
				  commission for such landowner or land operator, and if the commission
				  determines that legal proceedings are necessary and proper.
Miss. Code Ann. §
										69-27-311
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.6 - Application for assistance; consideration by commission

Current through June 25, 2024
Any eligible landowner or land operator who wishes to
				  receive cost share assistance shall file an application with the soil and water
				  conservation district stating the practice to be implemented. Upon the receipt
				  of an application, the district shall:
A. Make a need and feasibility
				determination;
B. Inform the
				landowner or land operator of the result of the needs and feasibility study and
				inform the landowner or land operator as to what practice is approved for
				installation.
Miss. Code Ann. §
										69-27-313
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 6 - Article 7 (New) Soil and Water Conservation Cost Share Program › Rule 2-903-6.7 - Application to state owned lands

Current through June 25, 2024
Any agency, department, board, commission or other
				  subdivision of government of the State of Mississippi, or any political
				  subdivision thereof, is authorized to implement an approved practice on any
				  lands owned by such political entity or owned by the State of Mississippi and
				  supervised or managed by such entity. The governing authorities of such entity
				  shall engage the assistance of the county conservation district of the county
				  in which the land is located in the preparation of an application for
				  submission to the district. The district shall treat any such political entity
				  as an individual owner for purposes of considering applications, granting cost
				  share assistance and approving the practice implemented.
Miss. Code Ann. §
										69-27-315
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 7 - Livestock Pond Renovation Program › Rule 2-903-7.1 - Program Source and Authority

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission
				  administers the Livestock Pond Renovation Program through a cooperative
				  agreement with the USDA Natural Resources Conservation
				  Service.
Public Law
				  109-97, House Report 109-266 at
				  16
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 7 - Livestock Pond Renovation Program › Rule 2-903-7.2 - Purpose of Program

Current through June 25, 2024
The purpose of the Livestock Pond Renovation Program is to
				  enhance the establishment and demonstration of the most technically advanced
				  best management practices (BMPs) relating to the agricultural conservation and
				  use of surface water; to assist in the continued development of education and
				  training opportunities for short and long-term training needs of NRCS, SWCD and
				  conservation partner personnel; to demonstrate cost effective BMPs for the
				  storage and use of surface water for both irrigation of crops and watering
				  sources for livestock.
Miss Code Ann.
				  §§§
										69-27-303,
				  69-27-305,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 7 - Livestock Pond Renovation Program › Rule 2-903-7.3 - Administration

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission has
				  developed standards and specifications for a Livestock Pond Renovation best
				  management practice (BMP). Funds are allocated to the Soil and Water
				  Conservation Districts (SWCDs) each year based upon the number of livestock
				  reported through the National Agricultural Statistics Service. Eligible
				  landowners apply for cost sharing assistance through the SWCDs under this
				  program for the renovation of livestock watering ponds that have become silted
				  in. The cost share rate is 75% not to exceed maximums set by the MSWCC. The
				  specifications for this program are located in section 506.02. Application and
				  payment request forms used in this program are located at the end of Part
				  903.
Miss Code Ann.
				  §§§
										69-27-303,
				  69-27-305,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 8 - Livestock Nutrient Management Program › Rule 2-903-8.1 - Program Source and Authority

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission
				  administers the Livestock Nutrient Management Program through a cooperative
				  agreement with the USDA Natural Resources Conservation
				  Service.
Public Law
				  109-97, House Report 109-255 at
				  16
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 8 - Livestock Nutrient Management Program › Rule 2-903-8.2 - Purpose of Program

Current through June 25, 2024
The purpose of the Livestock Nutrient Management Program is
				  to enhance the establishment of the most technically advanced best management
				  practices (BMPs) relating to streamside livestock nutrient management; to
				  assist in the continued development of education and training opportunities for
				  short and long-term training needs of NRCS, SWCD and conservation partner
				  personnel; to demonstrate cost effective BMPs for the prevention of livestock
				  nutrient loading in streams.
Miss Code Ann.
				  §§§
										69-27-303,
				  69-27-305,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 8 - Livestock Nutrient Management Program › Rule 2-903-8.3 - Administration

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission has
				  developed standards and specifications for certain BMPs that will contribute to
				  the reduction of nutrient loading to streams from livestock. The BMPs that are
				  eligible for 75% cost share under this program are fencing, stream crossings,
				  trough and tank, water and sediment control basin, animal waste control
				  facility and cattle feed and waste management facility. Eligible landowners
				  apply for cost share assistance through the SWCDs under this program after it
				  is announced each year. Application and payment request forms used in this
				  program are located at the end of Part 903.
Miss Code Ann.
				  §§§
										69-27-303,
				  69-27-305,
				  69-27-307
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 9 - Education Enhancement Program › Rule 2-903-9.1 - Program Source and Authority

Current through June 25, 2024
The Mississippi Soil and water Conservation Commission
				  administers the Education Enhancement Program through a grant agreement with
				  the Mississippi Department of Education with funds appropriated by the
				  Mississippi Legislature each year.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 9 - Education Enhancement Program › Rule 2-903-9.2 - Purpose of Program

Current through June 25, 2024
The purpose of the Education Enhancement Program is to
				  provide matching funds to Soil and Water Conservation Districts (SWCDs) for
				  purchasing equipment that will result in reduced energy costs, reduced soil
				  erosion, improved water quality, improved irrigation water management or will
				  be used for conservation education activities.
Miss Code Ann §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 9 - Education Enhancement Program › Rule 2-903-9.3 - Administration

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission
				  receives requests from the SWCDs each year for equipment they wish to purchase
				  under the program. The Commission approves eligible requests, purchases the
				  equipment and provides it to the SWCDs. Education Enhancement funds are used to
				  pay for 50% of the equipment at the time of purchase. The remaining balance of
				  purchased equipment is paid by the SWCDs through a loan acquired under the
				  Revolving Loan Fund as discussed in Chapter 4.
Miss Code Ann. §
										69-27-9
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 10 - Watershed Repair and Rehabilitation Program › Rule 2-903-10.1 - Program Source and Authority

Current through June 25, 2024
The Mississippi Watershed Repair and Rehabilitation Cost
				  Share Program is administered by the Mississippi Soil and Water Conservation
				  Commission (MSWCC) through the Soil and Water Cost Share Program. The
				  Legislature may appropriate such funds as it may deem necessary to a special
				  funds for the MSWCC to expend on this program. The MSWCC is authorized to
				  receive and expend any funds appropriated by the federal government for the
				  purposes of this program. The MSWCC has been authorized to receive and expend
				  proceeds from bonds issued under Sections 1 through 14 of House Bill No. 1783
				  of the 1998 Regular Session.
Section 1 through 14;
				  House Bill No. 1783 (1998 Regular Session)
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 903 - MSCWW Cost Share Program › Chapter 10 - Watershed Repair and Rehabilitation Program › Rule 2-903-10.2 - Purpose of Program

Current through June 25, 2024
The purpose of the Watershed Repair and Rehabilitation Cost
				  Share Program is to assist local watershed districts in the repair,
				  rehabilitation or removal of water impoundment structures constructed with
				  financing from the United States of America under Public Law 534 and Public Law
				  566. A "watershed district" includes and "watershed district, soil and water
				  conservation district, drainage district, flood control district, or water
				  management district authorized by the Mississippi Legislature which has the
				  management responsibility for any Public Law 534 or Public Law 566 water
				  impoundment structure."
Public Law 534 and
				  Public Law 566
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 904 - MSWCC Surface Mining and Reclamation Program › Chapter 1 - Surface Mining Policy and Procedures › Rule 2-904-1.1 - Purpose

Current through June 25, 2024
The overall objective of the surface mining program is to
				  review applications for surface mining permits as they pertain to soil and
				  water conservation practices in all efforts to reduce sediment pollution from
				  surface mining activities in accordance with the Mississippi Surface Mining and
				  Reclamation Act.
Miss. Code Ann. §
										53-7-3
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 904 - MSWCC Surface Mining and Reclamation Program › Chapter 1 - Surface Mining Policy and Procedures › Rule 2-904-1.2 - Procedures for Initial Applications

Current through June 25, 2024
A. Upon receipt of
				a notice of intent or permit application from Bureau of Geology, the commission
				notifies the commissioners of the soil and water conservation district(s) in
				which any part of the land to be mined is located, to review the reclamation
				plan that is part of the application.
B. Within thirty (30) days after the filing
				of intent or permit application by the operator,the district(s) make written
				comments, recommendations and evaluations of the plan and submit to the Soil
				and Water Conservation Commission.
C. The commission sends the comments to the
				Bureau of Geology. The comments and recommendations are made a part of the
				record and one copy is furnished to the operator by the Bureau of
				Geology.
Miss. Code Ann.
				  §§§
										53-7-31,
				  53-7-35,
				  53-7-53
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 904 - MSWCC Surface Mining and Reclamation Program › Chapter 1 - Surface Mining Policy and Procedures › Rule 2-904-1.3 - Procedures for Bond Releases

Current through June 25, 2024
A. Upon receipt of
				the application for bond release from Bureau of Geology, the MS Soil and Water
				Conservation Commission notifies the commissioners of the soil and water
				Conservation district(s) in which any part of the surface mined site is
				located, to conduct an inspection and evaluation of the reclamation work
				involved.
B. Evaluation of site
				should consider the occurrence of pollution of surface and subsurface water,
				the probability of continuance or future occurrence of pollution, and the
				estimated cost of abating the pollution.
C. A written response concerning the results
				of the evaluation or inspection are reported to the Mississippi Soil and Water
				Conservation Commission by the soil and water conservation district and in turn
				are furnished to the Bureau of Geology.
Miss. Code Ann.
				  §§
										53-7-67,
				  53-7-53
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.1 - Revolving Loan Fund Program Source and Authority

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission is
				  authorized to declare, by resolution, the necessity for issuance of negotiable
				  general obligation bonds of the State of Mississippi to provide funds for the
				  revolving fund. Upon the adoption of a resolution by the commission, declaring
				  the necessity for the issuance of the general obligation bonds, the commission
				  delivers a certified copy of its resolution to the State Bond Commission. Upon
				  receipt of the resolution, the State Bond Commission, in its discretion, will
				  act as the issuing agent, prescribe the form of the bonds, advertise for and
				  accept bids, issue and sell the bonds so authorized to be sold, and do any
				  thing else necessary and advisable in connection with the issuance and sale of
				  such bonds. The amount of bonds issued shall not exceed Five Hundred Thousand
				  Dollars ($500,000.00) in the aggregate.
Miss Code Ann.
				  §§
										69-27-343,
				  69-27-348 -
				  69-27-365
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.2 - Authority to Purchase Equipment

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission is
				  authorized to acquire and to make available, or to assist in acquiring or
				  making available to soil and water conservation districts, heavy or specialized
				  machinery or equipment necessary for installation and implementation of soil
				  and water conservation practices or measures.
Miss Code Ann.
				  §§
										69-27-331,
				  69-27-341
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.3 - Description of Equipment

Current through June 25, 2024
The heavy or specialized machinery or equipment purchased
				  through this program may be either new or used. The commission may purchase
				  used equipment through licensed and authorized public auction of agricultural,
				  heavy or specialized equipment.
Miss Code Ann. §
										31-7-13
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.4 - Amortization of Costs

Current through June 25, 2024
When the commission acquires or makes available to any
				  district the machinery or equipment as described above, it shall require the
				  district to fully amortize to the commission any amount so expended by the
				  commission for such assistance. The amount of amortization for each piece of
				  equipment purchased under this program is currently at 3.5[CENT] interest over
				  a period of five (5) years.
Miss Code Ann. §
										69-27-337
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.5 - Title to Machinery and Equipment

Current through June 25, 2024
The Mississippi Soil and Water Conservation Commission will
				  retain title to each piece of heavy or specialized machinery or equipment when
				  purchased. The equipment is made available to any soil and water conservation
				  district until such time as the district fully amortizes the commission's
				  investments in such machinery or equipment. After the machinery or equipment
				  has been fully amortized, the commission is authorized and empowered to
				  transfer the title to the district.
Miss Code Ann. §
										69-27-333
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.6 - Record Keeping Requirements by Districts

Current through June 25, 2024
Each soil and water conservation district which receives or
				  uses the machinery or equipment purchased through the Revolving Loan Fund
				  Program will maintain its public records to show for each piece of equipment
				  the following information:
A. The
				amounts collected from each job in each district.
B. The expense of repairing, moving, manning,
				and other usual costs of operation.
C. The amount paid by each district for the
				purpose of amortizing the commission's investment in the piece of
				equipment.
D. Each district must
				send a duplicate copy of those records to the commission.
Miss Code Ann. §
										69-27-335
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.7 - Rules Regarding Payments of Amortized Rental Fees

Current through June 25, 2024
A. The
				commission must retain all equipment records submitted by the districts in its
				files for public inspection.
B. The
				commission shall at all times maintain an account showing each piece of
				equipment the title to which is vested in it, amount paid by any soil and water
				conservation district, and the amount remaining to be amortized.
C. The commission shall maintain a current
				inventory of all equipment, shall have all equipment marked and identified as
				being the property of the commission.
D. The commission shall promulgate rules and
				regulations which ensure that the use of such equipment within each district is
				on an equitable basis.
Miss Code Ann. §
										69-27-331
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.8 - Rules Regarding Payments of Amortized Rental Fees

Current through June 25, 2024
. The amount paid by any soil and water conservation
				  district to the commission for amortization purposes shall be made
				  semiannually. When payments are not received by the commission within sixty
				  (60) days of the due date, the commission shall take all necessary actions to
				  collect such delinquent payments. Amounts received or collected shall be
				  credited to the revolving fund created.
Miss Code Ann. §
										69-27-343
Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 905 - MSWCC Revolving Loan Fund Program › Chapter 1 - Revolving Loan Policy and Procedures › Rule 2-905-1.9 - Combination Use of Equipment

Current through June 25, 2024
Any two (2) or more soil and water conservation districts
				  may combine with each other for the purpose of obtaining and using the
				  machinery or equipment.
Miss Code Ann.
				  §§
										69-27-339,
				  69-27-331
				  -
				  69-27-341
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 01 - General Information and Definitions › Section 3-1-01-100 - Purpose

Current through June 25, 2024
It is the intent of the Legislature to provide a method of
				  compensating and assisting those persons who are innocent victims of criminal
				  acts within the state and who suffer bodily injury or death and of assisting
				  victims of crime through information referrals and advocacy outreach programs.
				  To this end, it is the Legislature's intention to provide compensation for
				  injuries suffered as a direct result of the criminal acts of other persons. It
				  is the further intent of the Legislature that all agencies, departments, boards
				  and commissions of the state and political subdivisions of the state shall
				  cooperate with the Attorney Generals Office in carrying out the provisions of
				  this chapter. [Miss. Code Ann. §
									99-41-3]
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 01 - General Information and Definitions › Section 3-1-01-101 - Legal Authority

Current through June 25, 2024
The Office of the Attorney General is authorized to establish
				  and enforce these rules and procedures by virtue of "The Mississippi Crime
				  Victims' Compensation Act of 1991." [Miss. Code Ann. §
									99-41-1,
				  as amended]
The following administrative rules reflect the statutory
				  changes pursuant to Senate Bill 2562 of the 2004 Regular Legislative
				  Session
,
Senate Bill 2817 of the 2005 Regular Legislative
				  Session, House Bill 1522 of the 2007 Regular Legislative Session, and Senate
				  Bill 2709 of the 2008 Regular Legislative Session. The Division of Victim
				  Compensation will administer claims made pursuant to the Mississippi Victims
				  Compensation Act in accordance with the rules and
				  regulations.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 01 - General Information and Definitions › Section 3-1-01-102 - Definitions

Current through June 25, 2024
As used in these rules, the following definitions shall apply
				  unless specifically stated otherwise.
1. "Claimant" as defined in §
									99-41-5.
2. "Contribution or contributory conduct" means a voluntary
				  action by the victim/claimant which, directly or indirectly, produced the
				  victim/claimant's injury or death at the time of the crime which gave rise to
				  the claim. This action may include, but is not limited to provocation, consent
				  or incitement by the victim/claimant.
3. "Criminal justice proceedings" means any investigative or
				  court proceedings of the case upon which the claim is based. Such proceedings
				  include: appointments with investigators, prosecuting attorney, and/or
				  correction officials; court proceedings, such as grand jury, trial, plea
				  hearings, sentencing hearings
;
parole board hearings and other
				  post conviction hearings.
4. "Criminally injurious conduct" as defined in §
									99-41-5.
5. "Director" means the Director for the Division of Victim
				  Compensation.
6. "Division" means the Division of Victim
				  Compensation.
7. "Family member" means the victims spouse, parent,
				  grandparent, stepparent, child, stepchild, grandchild, brother, sister, half
				  brother, half sister or spouses parent.
8. "Imminent Danger" means that factors exist that would
				  cause a reasonable person in the victims circumstances to fear immediate,
				  impending or further harm by the offender.
9. "Mental health counseling and car" means problem solving
				  and support services which address emotional issues that result from trauma of
				  criminal victimization and have as a primary purpose the enhancement,
				  protection and restoration of a person's sense of well being and social
				  functioning after victimization.
10. "Personal injury" means actual bodily harm or
				  psychological trauma as a direct result of a criminally injurious act.
				  "Psychological trauma" means a substantial personal disorder of emotional
				  processes, thought or cognition which impairs judgment, behavior or ability to
				  cope with the ordinary demands of life. Injury of psychological trauma is also
				  considered when a person witnesses a crime.
11. "Victim" means a person who suffers personal injury or
				  death as a result of criminally injurious conduct. This definition may include
				  a person who suffers personal injury or death as a result of criminally
				  injurious conduct while going to the aid of another person or a duly sworn law
				  enforcement officer, or while attempting to prevent a crime from
				  occurring.
a. Aid must have been rendered in a reasonable and lawful
				  manner;
b. Attempting to prevent a crime from occurring must have
				  been done in a reasonable and lawful manner.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 01 - General Information and Definitions › Section 3-1-01-103 - Program Description

Current through June 25, 2024
1. The Victim
				Compensation Fund provides financial assistance to innocent victims of criminal
				acts who have suffered personal injury or death. Compensation may be awarded
				for medical care, rehabilitation, counseling services for the victim and the
				victim's family member(s), funeral expenses, work loss for the victim or
				claimant and loss of economic support of dependents of deceased victims,
				relocation assistance for domestic violence victims, temporary housing
				assistance for domestic violence victims, court related transportation,
				execution travel, crime scene cleanup, and repair and replacement costs.
				Compensation Expenses which are paid by collateral sources, property loss or
				damage, pain and suffering, attorney fees, and expenses which are not directly
				related to the crime injuries are not eligible for compensation. Claimants must
				show they have suffered an economic loss as a result of the criminally
				injurious conduct in order to be eligible for compensation.
2. Awards payable to a victim/claimant, all
				other claimants and/or providers may not exceed Twenty Thousand Dollars
				($20,000.00) in the aggregate. Limitations include Fifteen Thousand Dollars
				($15,000.00) for medical costs; wage loss and economic loss of dependents
				payable up to Six Hundred Dollars ($600.00) per week for a maximum of fifty-two
				(52) weeks; Three Thousand Five Hundred Dollars ($3,500.00) for mental health
				counseling and care; Six Thousand Five Hundred Dollars ($6,500.00) for funeral
				expenses and Eight Hundred Dollars ($800.00) for funeral transportation; Two
				Thousand Dollars ($2,000.00) for relocation assistance for domestic violence
				victims and Five Hundred Dollars ($500.00) Dollars for temporary housing for
				domestic violence victims; One Thousand Dollars ($1,000.00) for crime scene
				cleanup, One Thousand Dollars ($1,000.00) for court related travel, and One
				Thousand Dollars ($1,000.00) for property damage repair/replacement costs for
				exterior windows, doors, locks, or security devices of a residential dwelling.
				Other awards may be payable and are discussed further in the following
				chapters. In addition
,
other limitations do apply and are
				discussed further in the following chapters.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 01 - General Information and Definitions › Section 3-1-01-104 - Application Procedures

Current through June 25, 2024
1. A claim for
				compensation must be filed on the application form prescribed by the Division
				of Victim Compensation and received by the Division no later than thirty six
				(36) months after the occurrence of the crime; except in child sexual abuse
				cases, the claim must be filed within thirty six (36) months after the crime
				was reported to law enforcement or the Department of Human Services, but in no
				event later than the childs twenty-first birthday.
2. For good cause, the director may extend
				the time period allowed for filing a claim for an additional period not to
				exceed (12) months. Good cause will be determined on a case-by-case
				basis.
3. An application postmarked
				within the prescribed time period shall be considered timely filed.
4. A victim/claimant must notify the Division
				of Victim Compensation of any changes to address or telephone
				numbers.
5. Upon receipt of a
				completed application, a thorough claim investigation is initiated to determine
				eligibility and compensation award. After processing an application, the
				Director will enter an Order of Determination. The Order shall report the
				following: findings of fact; decision of eligibility; amount (if any) of
				compensation to be awarded; payee of the compensation award; percentage share
				of the total of any compensation award; dollar amount each payee shall receive;
				and method of payment.
6. The
				victim/claimant who disagrees with the decision(s) of the Order has the right
				to request an appeal. See Chapter 05 for rules and regulations pertaining to
				appeal.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 01 - General Information and Definitions › Section 3-1-01-105 - Obtaining Program Information For compensation applications

Current through June 25, 2024
Call:
601-359-6766 or 1-800-829-6766
Write:
Victim Compensation Division
Office of the Attorney General
Post Office Box 220
Jackson, Mississippi 39205
Fax:
601-576-4445
Website:
www.ago.state.ms.us
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-200 - Eligible Claimants

Current through June 25, 2024
1. "Claimant" means
				any of the following persons applying for compensation under this chapter:
a. A victim;
b. A dependent of a victim who has died
				because of criminally injurious conduct;
c. The surviving parent, spouse, child or any
				person who is legally obligated to pay or has paid medical, funeral, or other
				allowable expenses incurred as a result of the victims death;
d. Family members of the victim who incur
				mental health counseling expenses as a result of the victims death;
				and
e. A person authorized to act
				on behalf of persons enumerated in subparagraph (a), (b), (c), and (d) of this
				paragraph; however, A claimant shall not include any of the following: provider
				or creditor of victim; assignee of provider or creditor, including a collection
				agency; or another person or entity other than those enumerated in this
				paragraph.
Mississippi Administrative Code › Title 3 - Office of the Attorney General › Part 1 - Division of Victim Compensation › Chapter 02 - Eligibility Requirements › Section 3-1-02-201 - Persons Who May Receive Compensation

Current through June 25, 2024
1. Eligible
				claimants as defined above in § 200;
2. Person legally dependent upon financial
				support from the victim at the time of the victim's death;
3. A Mississippi resident who suffers
				physical injury or death while in any other state or foreign country, provided
				that state or foreign country does not have a crime victim compensation program
				and all other eligibility criteria are met. Except in cases of foreign or mass
				terrorism, other crime victim compensation programs will not be considered as a
				collateral source; and
4. An
				individual who witnesses a crime and suffers psychological trauma.