reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:29

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-6,
		1-21-10.
Law Implemented:
SDCL
		1-21-6,
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:30

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:31

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:32

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:33

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:34

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:35

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10(5).
Law Implemented:
SDCL
		1-21-10(5).
Expiration of contracts, §
											12:02:16:09.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:36

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL 1-21-7,
		1-21-10.
Law Implemented:
SDCL 1-21-7,
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:37

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:16 - Concessions and commercial exhibits › Section 12:02:16:38 - Vendors

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may allocate vendor space during the annual state fair.
	 All vendors shall adhere to the handbook, contract and other policies
	 established and communicated by the secretary. Failure to comply may result in
	 revocation and forfeiture of all rights and privileges granted by contract to
	 the vendor, removal from the fairgrounds or other appropriate
	 action.
General Authority:
SDCL
		1-21-10(15).
Law Implemented:
SDCL
		1-21-10(15).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:17 - Camping › Section 12:02:17:01

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:17 - Camping › Section 12:02:17:01.01 - Camping areas

Current through Register Vol. 51, page 10, July 15, 2024
The secretary may designate camping areas on the fairgrounds during the
	 annual state fair.
General Authority:
SDCL
		1-21-10(1).
Law Implemented:
SDCL
		1-21-10(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:17 - Camping › Section 12:02:17:02 - Camping requirements

Current through Register Vol. 51, page 10, July 15, 2024
All campers must adhere to the handbook, contract and other policies
	 established and communicated by the secretary. Failure to comply may result in
	 revocation and forfeiture of all rights and privileges granted by contract to
	 the camper, removal from the fairgrounds or other appropriate
	 action.
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-6,
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:17 - Camping › Section 12:02:17:05

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:17 - Camping › Section 12:02:17:08

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10(1).
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:18 - Off-season use › Section 12:02:18:01 - Off-season use defined

Current through Register Vol. 51, page 10, July 15, 2024
Off-season use is the use of the grounds, buildings, or land of the
	 state fair during the days of the year other than the annual state
	 fair.
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:18 - Off-season use › Section 12:02:18:02

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
		1-21-10.
Law Implemented:
SDCL
		1-21-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:02 - State Fair › Chapter 12:02:18 - Off-season use › Section 12:02:18:03 - Policies and procedures for off season events

Current through Register Vol. 51, page 10, July 15, 2024
The department may adopt policies and procedures related to traffic;
	 camping; advertising; admission; vending; health requirements for animal;
	 stalling of livestock; maintenance of the grounds; and space rental on the
	 fairgrounds during off-season events.
General Authority:
SDCL
		1-21-10(18)
Law Implemented:
SDCL
		1-21-10(18)
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:00 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
The terms defined in SDCL
	 38-7-2 have the same meaning when
	 used in this chapter.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-7-8.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:01 - Designation of vice-chairman

Current through Register Vol. 51, page 10, July 15, 2024
When the commission designates its chairman, it shall also designate a
	 vice-chairman.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-7-8,
		38-7-10.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:05 - Conservation district supervisor elections

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall provide nominating petitions for district
	 supervisors to district offices as needed by April 1 of the general election
	 year.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-8-39.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:05.01 - Definition - Urban area

Current through Register Vol. 51, page 10, July 15, 2024
For the purpose of district supervisor elections, "urban area" means
	 any municipality as defined in SDCL
	 9-2-1 and any unincorporated
	 municipality that is not prohibited from incorporating by SDCL
	 9-3-1.
General Authority:
SDCL
		38-7-8,
		38-8-39.
Law Implemented:
SDCL
		38-8-39.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:06 - Commission to keep records on district supervisors

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall keep a record of supervisors elected in each
	 district, appointments to fill vacancies, and the expiration date of each
	 supervisor's term of office.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-8-39,
		38-8-44.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:07 - Oath of office to be administered to supervisors

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall provide newly elected supervisors with an oath of
	 office form.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		3-1-5.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:08 - Assistance to districts

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall allocate and distribute to participating districts
	 any funds, grants, supplies, or staff assistance which are available for that
	 purpose, consistent with any restrictions placed upon those funds, grants,
	 supplies, or staff assistance. In allocating the assistance the commission
	 shall consider the following:
(1) The
  needs of the district as determined by the commission using data from statewide
  and local studies;
(2) The
  accomplishments of the district over the past three years;
(3) Proposed projects and tentative
  commitments, including local cost-sharing by governmental or private entities
  and landowners or operators;
(4)
  The district's long-range plan, how it complements the commission's long-range
  plan, and how well the district's proposals adhere to the plans; and
(5) Whether the district has current
  conservation standards and the number and types of complaints received about
  violations of the standards.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-7-8,
		38-7-15,
		38-7-18,
		38-7-22,
		38-7-24.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:13 - Hearings to be held in presence of commission member

Current through Register Vol. 51, page 10, July 15, 2024
At least one member of the commission shall be present at any hearing
	 which the commission may hold on a petition to organize, add to, change
	 boundaries of, or dissolve a conservation district or to remove from office any
	 supervisor of a conservation district.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-8-2,
		38-8-10,
		38-8-20,
		38-8-23,
		38-8-31,
		38-8-43,
		38-8-90,
		38-8-94.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:14 - Record of proceedings to be compiled

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall compile an accurate record of proceedings and
	 testimony given at any hearing pursuant to §
									12:03:01:13.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-8-2,
		38-8-10,
		38-8-12,
		38-8-20,
		38-8-23,
		38-8-31,
		38-8-43,
		38-8-94.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:20 - Commission to act on petition for referendum

Current through Register Vol. 51, page 10, July 15, 2024
Upon the filing of a petition for referendum on the organization,
	 dissolution, or change in territory of a conservation district, as provided by
	 SDCL 38-8, the commission shall act on the petition as the circumstances of
	 each case require. The commission may call for any additional information,
	 statistics, and data that it considers necessary for its investigation and
	 consideration of the petition.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-8-1,
		38-8-90.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:21 - Hearing on sufficiency of petition for dissolution - Burden of proof - Decision by commission

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for dissolution of a conservation district,
	 as provided in SDCL
	 38-8-90, the commission, if it is
	 not satisfied with the sufficiency of and correctness of the petition, the
	 sufficiency of the signatures on the petition, the proper legal circulation of
	 the petition, or the truthfulness of the statements contained in the petition,
	 shall assign a time and place for hearing and investigation into such matters.
	 The commission shall give notice of the time and place of the hearing to the
	 persons signing and circulating the petition. Witnesses at the hearing may be
	 examined orally by any member of the commission or any person appointed by the
	 commission for that purpose. The signers and circulators of a petition must in
	 all cases prove the sufficiency and legality of the signatures and their
	 genuineness. The circulators of a petition must establish the authenticity of
	 the circulation and attestation. After full investigation, the commission shall
	 make a decision and order on a case-by-case basis.
General Authority:
SDCL
		38-7-8.
Law Implemented:
SDCL
		38-8-90.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:31 - Criteria for establishing priorities in watershed planning

Current through Register Vol. 51, page 10, July 15, 2024
The following criteria shall be used in the evaluation of watershed
	 projects receiving federal assistance:
(1) Organization of a watershed district or
  any ad hoc group authorized to form by resolution of the cooperating
  agencies;
(2) The willingness of
  people to accept their responsibility for resource treatment and long-term
  management, easements for rights-of-way, structures, and long-term maintenance
  costs;
(3) The percentage of
  resource treatment applied, the interest of local people in resource treatment,
  and the expected rate of application of resource treatment practices;
(4) The possibility of multiple benefits and
  extent of use of these benefits;
(5) The percentage of benefits and the
  cost-benefit ratio;
(6) The
  capacity of the applicable federal agency to develop a plan;
(7) The willingness of the local watershed
  steering committee and conservation district supervisors to appear before the
  commission and present their plan.
General Authority:
SDCL
		38-7-8,
		46A-14-12.
Law Implemented:
SDCL
		46A-14-12.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:01 - General administration › Section 12:03:01:32 - Forms for reports - District fiscal year

Current through Register Vol. 51, page 10, July 15, 2024
Conservation districts shall submit annual financial and progress
	 reports by March 1 covering the previous fiscal year. The reports shall be on
	 the forms published in Appendix A at the end of this chapter or on forms
	 substantially the same. The fiscal year for each district is January 1 through
	 December 31.
General Authority:
SDCL
		38-8-48.
Law Implemented:
SDCL
		38-7-16,
		38-7-19,
		38-7-21,
		38-7-23,
		38-8-48,
		38-8-57.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Board of supervisors," the board of
  supervisors of a conservation district established pursuant to SDCL
  38-8;
(2) "Commission," the State
  Conservation Commission;
(3)
  "District," a conservation district
(4) "Division," the Division of Resource
  Conservation and Forestry of the Department of Agriculture and Natural
  Resources;
(5) "Loan application,"
  an application for a loan from the conservation district special revenue
  fund;
(6) "Revolving loan fund,"
  the conservation district special revenue fund established pursuant to SDCL
  38-8-53 and
  38-8-53.1.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:02 - Application for loan

Current through Register Vol. 51, page 10, July 15, 2024
A district may apply for a loan from the special revenue fund by
	 submitting an application to the commission. Applications will be reviewed
	 twice per year. The first review will be of applications received from January
	 1 through June 30. The second review will be for applications received from
	 July 1 to December 31. Applications must be received by the division before
	 5:00 p.m. Central Time on the stated date.
The commission may consider applications for emergency funding at any
	 meeting.
The application for a loan must be on a form provided by the commission
	 and must:
(1) State the name of the
  district;
(2) State the name and
  office mailing address of the district employee authorized to act on behalf of
  the board of supervisors;
(3) State
  the amount of funds and the term of the loan being requested.
(4) Include a description of when and how the
  loan will be used;
(5) Indicate
  whether the district has pursued other loans and if any loans received will be
  used in conjunction with the revolving loan fund for the same
  purpose;
(6) Include the district's
  current financial statement in accordance with the accounting manual;
(7) The financial statements, including the
  projected financial statement of the district over the term of the
  loan;
(8) The minutes of the
  district meeting at which the loan application was authorized;
(9) Include the source and policy limits of
  any liability insurance if the loan is for the purpose of purchasing equipment
  Insurance deductible shall not exceed $5,000 except with prior commission
  approval;
(10) A statement that the
  district will maintain financial records as required by the commission, and
  will make those records available to the commission or its agent for inspection
  upon request;
(11) The date of the
  application;
(12) The signature of
  the chair or designated signatory within the board of supervisors.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:03 - Criteria for commission review of loan application

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall review a loan application from a district and
	 shall base its approval upon the following criteria:
(1) The proposed use of the funds;
(2) The consistency of the proposed use of
  the funds with SDCL chapter 38-8 and with promotion of sound conservation
  practices;
(3) The availability of
  moneys in the special revenue fund;
(4) The requested amount of funds and the
  term of the loan;
(5) The financial
  status of the district, as determined following a review by the commission or
  its agent;
(6) The adequacy of the
  proposed security, if any, for the loan.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:04 - Disposition by commission

Current through Register Vol. 51, page 10, July 15, 2024
Within 90 days after the end of an application review period, the
	 commission shall consider a loan application received during that review
	 period. The application must be received at least 14 days before the meeting at
	 which it will be considered, unless the commission declares an
	 emergency.
After consideration, the commission shall:
(1) Approve the loan application, as
  submitted;
(2) Approve the loan
  application, as modified by either the district or the commission;
(3) Conditionally approve the loan
  application, subject to the receipt of specified information or the performance
  of certain acts by the district; or
(4) Deny the loan application.
If the loan application is denied, the commission shall notify the
	 district of the grounds for the denial.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:05 - Approval procedure for loan application

Current through Register Vol. 51, page 10, July 15, 2024
Upon approval of a loan application by the commission and the signature
	 of the commission's designated signatory, the commission shall mail provide the
	 district with a promissory note containing the terms and conditions of the
	 loan. If the purpose of the loan is to purchase equipment, a security agreement
	 and Uniform Commercial Code (UCC) financing statement must also be
	 provided.
The chair of the board of supervisors or the designated signatory shall
	 sign the promissory note and the security agreement and UCC financing
	 statement, if applicable, in the name of the district at a district
	 meeting.
The district shall submit the promissory note, security agreement, and
	 UCC financing statement, and to the division, for the disbursal of the
	 funds.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:06 - Revolving fund loan repayments

Current through Register Vol. 51, page 10, July 15, 2024
A district shall repay a loan from the revolving fund in even annual
	 installments set by the commission, provided each installment may not be less
	 than $250, plus interest at the rate of three percent per annum on the unpaid
	 principal balance of the loan. Additional amounts may be repaid at any time.
	 Annual payments against the principal may result in a lower final installment
	 necessary to complete repayment. A district may repay a loan in full at any
	 time. All loans must be repaid in full within five years, unless a loan
	 extension is approved by the commission. Loans applied for will be due for
	 payment nine months after the application deadline.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:07 - Default

Current through Register Vol. 51, page 10, July 15, 2024
A loan from the revolving fund is in default if the district fails to
	 make an annual payment within 90 days after the due date, unless the commission
	 has approved a request for a loan extension or modification pursuant to §
									12:03:03:11. Upon default in the
	 payments of principal and accrued interest on the loan or in the performance of
	 any covenant or condition, the commission, may.
(1) Declare immediately due and payable;
(a) The outstanding principal
  amount;
(b) The accrued interest;
  and
(c) All costs associated with
  the collection of the outstanding balance.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:08 - Statement of usage

Current through Register Vol. 51, page 10, July 15, 2024
Each district receiving a loan from the revolving fund shall submit a
	 statement describing the current status of the loan and, if the loan was used
	 to purchase equipment, the use and operation of that equipment during the year.
	 A conservation district shall submit its statement and proof of insurance
	 coverage to the commission together with the annual financial
	 statement.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:09 - Request for extension or modification of terms of loan

Current through Register Vol. 51, page 10, July 15, 2024
A district may file a written request for an extension or modification
	 of the terms of a loan from the revolving fund with the commission. The request
	 information required by §
									12:03:03:02 and a statement of the
	 reason for the request.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:10 - Criteria for commission review of loan extension or modification request

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall review a request for an extension or modification
	 of the terms of a loan and shall consider:
(1) The reason for the request;
(2) The status of the current loan;
(3) The financial history of the current
  loan;
(4) The security for the
  current loan and for the request, if any;
(5) The availability of funds in the
  revolving fund.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:11 - Disposition of loan extension or modification request - Limitations on approval

Current through Register Vol. 51, page 10, July 15, 2024
Within 120 days after the submission of a request for an extension or
	 modification of the terms of a loan, the commission shall dispose of the
	 request in accordance with §
									12:03:03:04. The commission may
	 not approve a request for an extension of a loan beyond three years or modify
	 the amount of annual payments to less than $250.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:03 - Conservation district special revenue fund › Section 12:03:03:12 - Approval procedure for loan extension or modification request

Current through Register Vol. 51, page 10, July 15, 2024
Upon the approval of a request for an extension or modification of the
	 terms of a loan, the commission shall provide a form containing the revised
	 terms and conditions of the loan to the district. The designated signatory
	 shall sign the agreement form in the name of the district at a district
	 meeting. The district shall submit the agreement form and a of the minutes of
	 the district meeting at which the document was signed to the
	 division.
General Authority:
SDCL
		38-8-53,
		38-8-53.1.
Law Implemented:
SDCL
		38-8-53,
		38-8-53.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:01 - Definitions

Current through Register Vol. 51, page 10, July 15, 2024
Terms used in this chapter mean:
(1) "Commission," the State Conservation
  Commission;
(2) "District," a
  conservation district organized under SDCL chapter 38-8;
(3) "District long-range plan," the plan
  required under SDCL
  38-8-50;
(4) "Division," the Division of Resource
  Conservation and Forestry, Department of Agriculture;
(5) "Resource management plan," a component
  of a district long-range plan, based on physical watershed boundaries,
  community interests, or other criteria;
(6) "Information and education," activities
  designed to inform specific groups of people of the condition of natural
  resources and the projects, funding, or personnel needed to protect the
  resources;
(7) "Grant fund," the
  fund provided by the coordinated soil and water conservation program
  established by SDCL
  38-7-27;
(8) "South Dakota coordinated soil and water
  conservation plan," the long-range plan for soil and water conservation
  established by the commission;
(9)
  "Technical assistance," service of a technical nature including the personnel
  and support resources needed to conduct conservation planning and conservation
  practice survey, layout, design, installation, and certification;
(10) "Sponsor" or "sponsoring district," the
  conservation district which agrees to administer the contract if more than one
  conservation district agrees to participate in a grant project;
(11) "Cost/share docket," the commission
  approved practice costs and cost/share percentages for uniform application for
  all grant applicants during the same calendar year.
General Authority:
SDCL
		38-7-8,
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:02 - Fund to be managed on fiscal year basis

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall manage the grant fund on a fiscal year basis, but
	 may approve the reservation of parts of individual grants for use in subsequent
	 fiscal years.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-25,
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:03 - Conservation districts as grant recipients

Current through Register Vol. 51, page 10, July 15, 2024
Funds provided through the coordinated soil and water conservation
	 program established by SDCL
	 38-7-27 may be used only for
	 grants to conservation districts. Grants may be made to one district or to more
	 than one district. If a grant is made to more than one district, one must be
	 designated as the sponsor responsible for disbursing funds and submitting
	 progress reports. Other entities may join districts as project sponsors, but
	 are ineligible for allocation of grant funds by the
	 commission.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-17,
		38-7-25,
		38-8-26 to 38-8-28,
		38-8-52.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:04 - Grants to be competitive

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall consider grant applications on a competitive
	 basis, and no grants may be guaranteed to any district.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:05 - Format of applications

Current through Register Vol. 51, page 10, July 15, 2024
Grant applications shall be submitted to the division in a format
	 provided by the commission. The division may request additional information as
	 required for the commission to make its decision. A copy of the motion of
	 official action by the board of the sponsoring district to approve the project
	 and the grant application must also be submitted by the
	 deadline.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-22,
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:06 - Coordination with other agencies

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall encourage coordination between agencies and
	 organizations. The division shall return to a district each application for a
	 project that may be more appropriately funded by another agency or organization
	 with a request that the application be submitted to that entity. If the
	 district has already applied to the other entity and has supplied evidence of
	 the action taken by the entity, the commission shall consider the application
	 on its merits.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-22,
		38-7-27,
		38-8-50,
		38-8-51,
		38-8-51.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:07 - Combined funding - Maximum funding - In-kind match

Current through Register Vol. 51, page 10, July 15, 2024
Conservation grant funding may be combined with other state, local, or
	 federal funding; however, grant funding may not replace funds from other
	 sources. The commission may provide grant funding for the cost of a project or
	 its components based on the current cost/share docket. Matching funds may
	 include funds from public or private sources, including direct contributions
	 and loans. Grants or cost-share from federal or other state agencies do not
	 qualify as local match. In-kind activities or services may qualify as local
	 match.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-22,
		38-7-27,
		38-8-50,
		38-8-51,
		38-8-51.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:08 - Projected benefits and funding

Current through Register Vol. 51, page 10, July 15, 2024
The application must show projected benefits of the project and how
	 funding will be provided for the project.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-20,
		38-7-27,
		38-8-50,
		38-8-51,
		38-8-51.1.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:09 - Project costs - Technical assistance

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall allocate grant funds to share in project costs,
	 for technical assistance, or for both project costs and technical assistance.
	 The commission shall allow up to 15% of the grant award to be used for
	 administration.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-25,
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:10 - Length of grant periods

Current through Register Vol. 51, page 10, July 15, 2024
The commission may allocate a grant covering up to 36 months beginning
	 on either January 1 or July 1.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-25.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:11 - Required information and education activities

Current through Register Vol. 51, page 10, July 15, 2024
Information and education are a required part of every project, and
	 each application must list those activities which are planned for the project.
	 Funding identified for information and education activities must be part of the
	 original grant request.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-16,
		38-7-19.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:12 - Priority projects

Current through Register Vol. 51, page 10, July 15, 2024
The commission may dedicate a portion of the annual appropriation for
	 the coordinated soil and water conservation fund to use on sharing costs of any
	 project that is determined by the commission to be a priority. Any money
	 dedicated for priority projects and not used remains in the grant fund
	 pool.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-16,
		38-7-19.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:13 - Ineligible grant purposes

Current through Register Vol. 51, page 10, July 15, 2024
The commission may not allocate grant funds for the primary purpose of
	 purchasing equipment, land, buildings, or replacing available federal
	 cost-sharing.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-25.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:14 - Required prior reports

Current through Register Vol. 51, page 10, July 15, 2024
A district must have its annual financial and progress reports for its
	 prior fiscal year on file at the office of the division to be eligible for a
	 grant.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-8,
		38-7-23,
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:15 - Review of applications

Current through Register Vol. 51, page 10, July 15, 2024
The staff of the division shall review the grant applications to ensure
	 compatibility with the South Dakota coordinated soil and water conservation
	 plan, the sponsoring districts' long-range plans, resource management plans,
	 and compliance with this chapter. The staff shall provide their comments and
	 findings to the commission as requested by the commission.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-2.3,
		38-7-15,
		38-7-16,
		38-7-17,
		38-7-19,
		38-7-20,
		38-7-21,
		38-7-22,
		38-8-50.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:16 - Evaluation of applications

Current through Register Vol. 51, page 10, July 15, 2024
The commission shall evaluate a grant application on the following
	 criteria:
(1) Compatibility of the
  district's projects with the plan established by the conservation commission
  pursuant to SDCL
  38-7-5, and the district's
  long-range plan;
(2) Progress on
  prior projects for which grants have been allocated to the conservation
  district, the status of progress reports on those projects, and general
  accomplishments over the past three years;
(3) The willingness of people to accept
  responsibility for resource treatment, long-term management, and long-term
  maintenance costs.
General Authority:
SDCL
		38-7-8,
		38-7-27.
Law Implemented:
SDCL
		38-7-20,
		38-7-21,
		38-7-25.
Note:
Copies of the plan established by the conservation
		commission may be obtained from the South Dakota Department of Agriculture,
		Division of Resource Conservation and Forestry, 523 East Capitol, Pierre, South
		Dakota 57501-3182.
A district's long-range plan may be viewed at the local conservation
		district office.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:17 - Grant contracts

Current through Register Vol. 51, page 10, July 15, 2024
After it approves a grant application, the commission shall enter a
	 grant contract with the district. The contract shall be based on a work plan
	 which provides a detailed list of work to be accomplished, budgets, and
	 schedules for completion. The division shall provide staff assistance, as
	 available, in contract preparation.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-2.3,
		38-7-15,
		38-7-16,
		38-7-17,
		38-7-19,
		38-7-20,
		38-7-21,
		38-7-22,
		38-8-50.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:18 - Specifications for practices

Current through Register Vol. 51, page 10, July 15, 2024
Work performed to meet grant requirements must meet the technical
	 specifications as set forth by the conservation commission at grant approval
	 subject to other applicable laws.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:19 - Use of funds to be nondiscriminatory

Current through Register Vol. 51, page 10, July 15, 2024
Cost-sharing and other services provided with the grants shall be
	 allocated by the district on a nondiscriminatory and equal
	 basis.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:20 - Disbursement of funds

Current through Register Vol. 51, page 10, July 15, 2024
Grant funds shall be disbursed by warrant upon receipt of documentation
	 that a measurable quantity of the grant project has been
	 completed.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:21 - Retention of allocated funds

Current through Register Vol. 51, page 10, July 15, 2024
Five percent of allocated funds shall be retained by the commission
	 until the project has been completed and all required documentation is on file
	 with the commission. When the documentation provided to the division is
	 complete, the commission shall make final payment of funds designated for the
	 project.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:22 - Progress reports

Current through Register Vol. 51, page 10, July 15, 2024
The sponsoring district shall submit to the division a report of
	 progress with each reimbursement request. The commission shall establish the
	 format of the required reports.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:23 - Grant audits

Current through Register Vol. 51, page 10, July 15, 2024
Sponsoring districts shall make records available for auditing and make
	 arrangements for on-site spot-checking of work, at any time, by the division
	 staff or official state auditors.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		4-2-9,
		38-7-23.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:24 - Revision of incomplete projects

Current through Register Vol. 51, page 10, July 15, 2024
The division director may act on behalf of the commission to make minor
	 changes in a district's grant project work plan, including extension of
	 expiration date, transfer of funds within the project, and additional
	 practices. These revisions may not change the fundamental scope of the project.
	 A request for increased funding must be submitted to the commission as required
	 by §
									12:03:05:05. The commission may
	 consider a request for increased funding only at the dates for grant
	 allocations.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-27.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:25 - Return of unused funds

Current through Register Vol. 51, page 10, July 15, 2024
Funds may not be transferred from one project to another. The
	 commission shall return any allocated funds not expended to the grant fund by
	 taking an official action.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		38-7-25.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Section 12:03:05:26 - Conflict of interest

Current through Register Vol. 51, page 10, July 15, 2024
If a grant request is submitted from a commission member's conservation
	 district, that commissioner may participate as a witness in the discussions
	 concerning the request, but may not participate in the commission's final vote
	 of approval or disapproval. Commission members with a direct financial interest
	 relating to a grant application before the commission shall inform the
	 commission of the financial interest before review of the application and may
	 not participate in the discussion or vote on the grant
	 application.
General Authority:
SDCL
		38-7-27.
Law Implemented:
SDCL
		1-26-26.
South Dakota Administrative Rules › Title 12 - Department of Agriculture › Article 12:03 - State conservation commission › Chapter 12:03:05 - Coordinated soil and water conservation grant fund › Appendix A - Chapter 6, South Dakota Coordinated Soil and Water Conservation Plan Repealed

Current through Register Vol. 51, page 10, July 15, 2024
APPENDIX A
SEE: §
										12:03:05:16