Section 262-2-001 - Apportionment of Funds001.01 Each fiscal year each participating district shall receive a new apportionment of funds for each of the following time periods: 001.01A July 1 to February 28; and001.01B March 1 to June 30.001.02 The amount which shall be apportioned to each participating district for each such period shall be the combined total of: 001.02A A portion of the funds obligated but unexpended in such district as of the last day of the preceding apportionment period, such portion to be determined as follows: 001.02A1 For each apportionment period beginning on March 1, each district shall be apportioned the full amount of funds obligated but unexpended in such district as of the last day of the preceding apportionment period;001.02A2 For each apportionment period beginning on July 1, each district shall be apportioned the full amount of funds obligated but unexpended by such district as of the last day of the preceding apportionment period if the total amount of all funds obligated but unexpended by all participating districts for that preceding apportionment period is $1,000,000 or less. If such total is more than $1,000,000, the amount to be apportioned to all districts shall be reduced to $1,000,000 and each district shall be apportioned a percentage of its obligated but unexpended funds, such percentage to be determined by dividing $1,000,000 by such total; and001.02B A portion of the sum of all unobligated funds as of the last day of the preceding apportionment period, any previously obligated but unexpended funds made available as a result of the reduction pursuant to Subsection 001.02A 2, and any funds newly appropriated to the Soil and Water Conservation Fund. In determining the amount of this part of each district's apportionment, the Commission may divide no more than one million four hundred thousand dollars equally among all participating districts and shall, subject to Subsections 001.03 or 001.04, distribute the remainder, if any, among participating districts on the basis of one or more of the following criteria: 001.02B1 The conservation or water quality protection needs in that district as expressed in monetary terms;001.02B2 The extent of the district's previous use of the Fund; and001.02B3 The district's own commitment to conservation or water quality protection as expressed by the expenditure of its general revenues for basic soil and water conservation or water quality protection practices in the preceding fiscal year.001.02B4 The need, as determined by the Commission, to provide assistance for one or more specific projects or practices or for one or more specific geographic areas. The Commission may also in any apportionment period establish a minimum or maximum amount to be apportioned to any one district if it determines that such a minimum or maximum is necessary to maintain the viability of the Soil and Water Conservation Fund program in all participating districts.
001.03 The Department shall reserve at least two per cent of the funds credited to the Fund for grants to landowners ordered by a natural resources district pursuant to the Erosion and Sediment Control Act to install permanent soil and water conservation practices. Such funds shall be made available at a rate sufficient to provide the landowner with total cost-sharing assistance of at least ninety percent of the actual cost of the required permanent practices and shall be granted on a first-come, first-served basis until exhausted. Such funds shall not be obligated by the district, but shall be obligated, if available, by the Director of Natural Resources to a landowner when a copy of the district's administrative order and a copy of an application for cost-share assistance are received by the Director. The application for cost-share assistance must be approved by the district before submission to the Director. Such funds shall remain obligated until used or until the district advises the Director of Natural Resources that all or part of the funds are no longer needed. If more than two per cent of the funds credited to the Fund are at any time reserved by the Department for such purposes, the Department may at any later time release all or part of such excess for inclusion in any future apportionment to the districts if it concludes that such funds are no longer needed for the purposes of this subsection.001.04 The Commission may withhold from any apportionment pursuant to Subsection 001.02B not more than 20% of the total unobligated funds available. Such funds may be later apportioned to districts which have obligated all previously apportioned funds and can demonstrate a need for additional funds or may be apportioned to districts for use in critical erosion or water quality areas. No one district shall receive more than 15% of any such withheld funds unless there are adequate funds available for all districts requesting and demonstrating a need for such additional funds on or before May 1.001.05 No district shall obligate any funds after the last day of any appointment period until notified by the Department of a new apportionment. The report submitted pursuant to Chapter 6, Section 008 shall be the basis for determining the amount of funds obligated and unobligated by each participating district as of February 28 and June 30 of each fiscal year. Any district failing to submit a report due on or before the fifth working day of any July or March may be denied any apportionment of funds for the next apportionment period.262 Neb. Admin. Code, ch. 2, § 001