Title 63 W. Va. C.S.R.

title-63Title 63 W. Va. C.S.R.Regulation

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Conservation Agency Conservation Agency

Series 01 Operation of West Virginia State Conservation Committee and Conservation Districts

W. Va. Code R. § 63-1-1 General

1.1. Scope. -- This rule establishes procedures for the election and appointment of conservation district supervisors by the State Conservation Committee and the state conservation districts; the expenditure of funds by the State Conservation Committee for works of improvement programs; and compliance with the West Virginia Open Governmental Proceedings Act, §6-9A-1 et seq.

1.2. Authority. -- W. Va. Code §19-21A-4.

1.3. Filing Date. -- April 3, 2023

1.4. Effective Date. -- April 3, 2023

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 63-1-2 Procedure for Appointing, Electing and Removing Conservation District Supervisors

2.1. The governing body of a conservation district shall consist of elected and appointed supervisors (W. Va. Code §19-21A-6).

2.2. Qualifications for elected or appointed conservation district supervisors are as follows:

2.2.a. The individual must be a resident and landowner in the county in which he or she is running for office or where the vacancy has occurred.

2.2.b. The individual must have experience in agriculture, as that term is defined in W. Va. Code §19-21A-3; conservation; or natural resources.

2.3. Each county shall elect two supervisors to represent the county (W. Va. Code §9-21A-6 and §9-21A-7).

2.3.a. Any county with a population of 100,000 based on the most recent decennial census shall elect one additional supervisor and any county with a population over 100,000 based on the most recent decennial census shall elect one additional supervisor for each 50,000 residents over 100,000.

2.3.b. All registered voters are entitled to vote in his or her county for candidates for Conservation District Supervisor.

2.3.c. Elections for county district supervisors shall be non-partisan.

2.3.d. The term of office for supervisors shall be four years, and the terms of such members shall begin on July 1, next following the primary election at which they were elected.

2.3.e. The provisions of W. Va. Code §3-3-1 et seq. apply to the election of supervisors, unless otherwise provided for by the provisions of this rule series. The provisions of W. Va. Code §6-1-1 et seq. apply to the removal of conservation district supervisors.

2.4. If no candidate files for election, or if a vacancy occurs in the office of conservation district supervisor, the State Conservation Committee shall appoint a person to fill the position based on a recommendation submitted by the district in which the vacancy occurred.

2.4.a. To obtain a list of qualified candidates, the district shall post a notice on an online platform that disseminates information to the public or place an advertisement in a newspaper of general circulation within the county in which the vacancy occurred. The posting or advertisement shall be placed within 30 days of when the vacancy occurred and shall run for a period of at least one week. The posting or advertisement shall include a listing of any requirements and qualifications necessary to hold the position of supervisor, and instructions on how to apply to the district.

2.4.b. The district shall use the list of qualified candidates to make its candidate recommendation to the State Conservation Committee within 90 days of the primary election, or within 90 days of when the vacancy occurs, as the case may be.

2.4.c. Associate supervisors may be employed by districts with approval of the State Conservation Committee. Associate supervisors may not vote nor make motions during conservation district board meetings. Duties and responsibilities of associate supervisors will be determined by the board of supervisors in their by-laws or policy manual. Expenses for associate supervisors shall be at the discretion of the local conservation district board and be paid based on the availability of local district funds. 2.5 Elected and appointed supervisors shall take an oath of office before assuming the position of district supervisor. Original copies of the official oath of office shall be filed with the county clerk's office. Copies of the oath may be kept at the district office.

W. Va. Code R. § 63-1-3 Expenditure of Funds by the State Conservation Committee for Works of Improvement Programs

3.1. Policy. The following requirements shall govern the expenditure of funds by the State Conservation Committee and its administrative office, the West Virginia Conservation Agency, for works of improvement programs.

3.1.a. Works of improvement program funds may only be used to aid conservation districts, watershed improvement districts, or other governing bodies, as defined in W. Va. Code §19-21A-3, in meeting their obligation of facilitating the planning, construction, operation, maintenance, repair, or rehabilitation of watershed protection and flood prevention improvement projects.

3.1.b. Works of improvement program funds will be made available only when other funds cannot be obtained and shall be considered supplemental to the capital resources of sponsoring conservation districts, watershed improvement districts, or other governing bodies, as defined in W. Va. Code §19-21A-3, in cooperative action with the federal government, local units of government, and communities involved with approved watershed program projects.

3.2. Works of improvement program funds may be spent for the following purposes subject to the procedures outlined in section 3.3 of this rule.

3.2.a. Purchase land or easements on a negotiated value and price basis after certification by a state certified appraiser, a representative of the sponsoring conservation district, and a representative of the State Conservation Committee, that the negotiated value does not exceed a fair market value price.

3.2.b. Purchase land, easements or other right-of-way at values resulting from condemnation obstructions.

3.2.c. Negotiate with proper officials on the relocation of roads, public utility lines, or similar actions.

3.2.d. Pay court costs, attorney fees or similar expenses directly connected with any of the above.

3.2.e. Assist with expenses incurred by conservation districts or watershed improvement districts in the performance of work related to any watershed activities.

3.3. Operating policies to govern the acquisition of land rights and the general use of state funds.

3.3.a. Each conservation districts, watershed improvement districts, or other governing bodies, as defined in W. Va. Code §19-21A-3, local government anticipating a need for supplementary works of improvement program funds shall prepare and submit to the State Conservation Committee by June 1 of each year, for its action, a comprehensive plan of procedure and statement of intent relative to the acquisition of land rights covering such points as:

3.3.a.l. Estimated total fund needs for land rights;

3.3.a.2. Estimated value of local contributions to this phase of the project;

3.3.a.3. Probable recovery value from land sales; and

3.3.a.4. A description of the (1) methods used, or to be used, to determine land values and (2) a realistic evaluation of the ability of local people to help themselves in the development and completion of a watershed improvement program.

3.3.b. Title to all property acquired shall be vested in the State Conservation Committee.

3.3.c. Easement or other land rights shall be obtained either by the local conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code §19-21A-3. An up-to-date listing of all easements (state and district) is to be kept in the district office. Easements should be recorded in the county land records as soon as procured. The list should be checked against courthouse records biannually to ascertain if property has been sold. If sold, the new owner is to be contacted and made aware of the easement.

3.3.d. The sale of the land purchased with state watershed funds must be approved in advance by the State Conservation Committee.

3.3.e. All land purchased with state funds will be sold, subject to necessary easements, as soon as practical. Retention of the area in and above a given structure may be kept for public use development on approval of the State Conservation Committee.

3.3.f. Prior to the selling of such land, an appraisal shall be made by a state certified appraiser, a representative of the local conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code §19-21A-3, and a representative of the State Conservation Committee. This appraisal must accompany all proposals to the State Conservation Committee to sell lands acquired with state funds.

3.3.g. Before any property purchased with money from this fund is sold, first refusal shall be given to the property owner from whom it was purchased or his or her heirs. If the previous owner, or his or her heirs, choose not to repurchase the property notice of the sale must be given. The notice shall be placed in three issues at least a week apart, in a newspaper of general circulation in the conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code §19-21A-3, affected. The notices are to call for the bids with the property to be sold to the highest bidder. The State Conservation Committee reserves the right to reject any and all bids. And, further, the provisions of this section shall not apply where acquired lands are being sold or disposed for a public use to the State of West Virginia or its political subdivisions. In lieu thereof, consideration other than the present commercial or market value of the property may be used as a basis for the sale or transfer.

3.3.h. Proceeds from the sale of land or products from such areas are to be immediately transmitted to the State Conservation Committee by the conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code §19-21A-3.

3.3.i. Improvements other than items covered in watershed work plans are not to be made during the period of conservation district, watershed improvement district, or other governing body, as defined in W. Va. Code §19-21A-3, ownership without specific approval of the State Conservation Committee.

3.4. Representation of the State Conservation Committee. The State Conservation Committee may appoint and authorize a subcommittee, including the Executive Director of the West Virginia Conservation Agency, to act for the Committee in any matters related to this subject.

W. Va. Code R. § 63-1-4 Procedures for Complying with the West Virginia Open Governmental Proceedings Act

4.1. The State Conservation Committee and Conservation Districts are required to comply with W. Va. Code §6- 9A-l et seq.

4.2. Filing in the state register. The time, date, and place of all regular and special meetings of the State Conservation Committee shall be submitted to the office of the Secretary of State and by news release to the media and public at large in accordance with W. Va. Code §6-9A-1 et seq.

4.3. Emergency meetings filed with the Secretary of State. The emergency meeting notice shall state the date, time, place and purpose of the meeting and the facts and circumstances of the emergency in accordance with W. Va. Code §6-9A-1 et seq.

63CSR1

63CSR1

Series 03 State Conservation Committee Grant Program

W. Va. Code R. § 63-3-1 General

1.1. Scope. – This rule establishes requirements and procedures of the State Conservation Committee’s grant program which provides financial assistance to promote approved conservation projects; outlines applicant eligibility and application process; the review, evaluation and awarding of grants; reporting requirements; and the public notification of awards. The State Conservation Committee delegates administration of the grant program to the West Virginia Conservation Agency.

1.2. Authority. -- W.Va. Code §19-21A-3(4);19-21A-4(g)(8);19-21A-4(g)(11)

1.3. Filing Date. -- April 30, 2025

1.4. Effective Date. -- April 30, 2025

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2030.

W. Va. Code R. § 63-3-2 Definitions

For the purposes of this rule, the following definitions apply:

2.1. Applicant -- An individual or organization that has applied for financial assistance through the grant program.

2.2. Approved Conservation Project – Projects or activities designated as eligible for financial assistance by the State Conservation Committee on a periodic basis.

2.3. Best Management Practices (BMPs) -- A practice or practices that contribute to the wise use and sustainability of natural resources.

2.4. Conservation District -- A subdivision of the state organized under W.Va. Code §19-21A-5.

2.5. Conservation District Board -- A board comprised of elected or appointed Conservation District supervisors who serve as a Conservation District’s governing body, W.Va. Code §19-21A-7.

2.6. Conservation District Supervisor -- One of the members of the governing body of a Conservation District, elected or appointed in accordance with the provisions of W.Va. Code §19-21A-6.

2.7. Grant Award -- A written agreement between the applicant and the West Virginia Conservation Agency awarding financial assistance and detailing requirements.

2.8. Grant – the financial assistance awarded to an applicant by the West Virginia Conservation Agency.

2.9. Grantee – the individual or organization that has been awarded the grant to complete an approved conservation project.

2.10. Grant Program -- The program(s) administered by the West Virginia Conservation Agency to provide grants to individuals and organizations to promote approved conservation projects.

2.11. In-Kind -- Goods, services and labor donated to or provided by grantee as approved by the West Virginia Conservation Agency to help complete the approved conservation project.

2.12. Program Document -- A document that outlines the administrative and program participation rules for the West Virginia Conservation Agency grant program(s).

2.13. Program Year – The 12-month period between July 1 and June 30.

2.14. State Conservation Committee (SCC) -- The state agency charged with conserving the soil resources of this state, reducing soil erosion, preserving natural resources, controlling flooding and protecting public lands, W.Va. Code §19-21A-4.

2.15. West Virginia Conservation Agency (WVCA) -- The administrative agency of the State Conservation Committee, W.Va. Code §19-21A-4(e).

W. Va. Code R. § 63-3-3 Administration

3.1. Upon approval by the State Conservation Committee and based on available funding, the grant program(s) shall be administered by the West Virginia Conservation Agency.

3.2. Program document(s) shall be developed by the West Virginia Conservation Agency to serve as policy and establish procedures for grant program(s) implementation.

3.3. The West Virginia Conservation Agency shall follow State Conservation Committee policies in the administration of grant funds.

3.4. The West Virginia Conservation Agency shall follow the West Virginia State Auditor’s Rules and Procedures in the processing of grant payments.

3.5. The State Conservation Committee shall consider recommendations from the Conservation Districts related to the grant program, including recipient and subrecipient monitoring.

W. Va. Code R. § 63-3-4 Eligibility

4.1. The State Conservation Committee shall determine and approve eligibility criteria.

4.2. Projects must be implemented on land and/or waterways within West Virginia and shall address soil and or water conservation and support the SCC/WVCA/Conservation Districts conservation mission.

W. Va. Code R. § 63-3-5 Applications

5.1. Applications for the grant program(s) shall be made available to the public in advance of the application period with eligibility criteria and detailed instructions of how to apply.

5.2. The State Conservation Committee shall set appropriate technical standards for implementation of best management practices.

5.3. Practices shall be maintained for the lifespan of the practice as set by the State Conservation Committee.

5.4. The State Conservation Committee reserves the right to determine standards, revise and amend standards as necessary and modify standards based on new research and/or technology.

W. Va. Code R. § 63-3-6 Review and Evaluation

6.1. The State Conservation Committee shall establish a committee that shall include the president of the West Virginia Association of Conservation Districts, or his/her designee, for the review and evaluation of grant program applications.

6.2. The State Conservation Committee shall establish criteria for evaluating and ranking grant applications, including establishment of a tie breaker.

6.3. WVCA staff, when available, will provide technical assistance and validation of applications from a technical standpoint.

W. Va. Code R. § 63-3-7 Awards

7.1. Grant awards will be based upon available funding and will be administered by the West Virginia Conservation Agency.

7.2. Grant awards shall be provided in writing to successful applicants and shall contain the amount awarded, project timeframe, reporting requirements and other associated terms and conditions.

7.3. Acceptance of the grant award is contingent upon signature by both parties and compliance with required documentation including a waiver of liability.

7.4. All projects are subject to on-site photography, use in West Virginia Conservation Agency or conservation district promotional materials, site visits and placement of signage.

7.5. The West Virginia Conservation Agency shall take reasonable actions to verify that the applicant is not barred from receiving state grants.

7.6. Grants may require cost share from grantee. In the event of cost share in-kind contributions may be allowed. 7.7 Grantees shall comply with the provisions of W.Va. Code §12-4-14, and legislative rules promulgated regarding accountability of persons receiving state funds or grants.

W. Va. Code R. § 63-3-8 Reporting

8.1. The State Conservation Committee shall establish all reporting standards.

8.2. The State Conservation Committee shall establish all grant monitoring standards.

8.3. The West Virginia Conservation Agency shall provide periodic progress reports, and final reports to the State Conservation Committee.

W. Va. Code R. § 63-3-9 Notification and Disclosure of Grant Award or Denial

9.1. Grant awards will be public record.

9.2. Notification and Disclosure shall include:

9.2.a. Sending written notification of the decision via first-class mail to applicants;

9.2.b. And posting the award on the WVCA’s public access site.

9.3. All documentation associated with the grant program is subject to FOIA as allowed by law.

Series 04 Conservation District Accounting and Auditing Standards

W. Va. Code R. § 63-4-1 General

1.1. Scope. – This legislative rule prescribes the accounting and auditing requirements and establishes the minimum system of accounting and auditing practices and procedures that are to be used by the conservation districts throughout the State of West Virginia. Conservation districts are to develop local policies and procedures that supplement the provisions specified herein. The State Conservation Committee delegates development of the accounting and auditing policies, procedures, and standards to the West Virginia Conservation Agency.

1.2. Authority. -- W.Va. Code §19-21A-4

1.3. Filing Date. -- April 3, 2023

1.4. Effective Date. -- April 3, 2023

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.

W. Va. Code R. § 63-4-2 Definitions

For the purposes of this rule, the following definitions apply:

2.1. “Accrual basis” means the basis of accounting when revenues are recorded when earned but not yet received and expenses when incurred but not yet paid.

2.2. “Agreed-upon procedures engagement” or “APE” means the performance of a specified set of audit procedures on specified assertions of the financial statements. No attempt is made to expand testing beyond the procedures agreed to by the parties involved.

2.3. “Audit” means an agreed upon procedures engagement where a practitioner performs specific procedures on subject matter and reports the findings without providing an opinion or conclusion.

2.4. “Cash basis” means the basis of accounting under which revenues are recorded when received in cash and expenditures are recorded when paid.

2.5. “Chart of accounts” means a numerical listing of all asset, liability, fund balance/equity, revenue and expenditure accounts used to record accounting transactions.

2.6. “Conservation district” means a subdivision of the state organized under W.Va. Code §19-21A-5.

2.7. “Conservation district board” means a board comprised of elected or appointed conservation district supervisors who serve as a Conservation District’s governing body, W.Va. Code §19-21A-7.

2.8. “Conservation district operating funds” or “CDO) funds” means funds provided by the State Conservation Committee and the West Virginia Conservation Agency to conservation districts. These are state funds provided to districts to use at their discretion for day-to-day operations.

2.9. “Conservation district supervisor” means one of the members of the governing body of a conservation district, elected or appointed in accordance with the provisions of W.Va. Code §19-21A-6.

2.10. “Co-administered funds” means funds sent by the State Conservation Committee and the West Virginia Conservation Agency to conservation districts to carry out the conservation project goals and to fund partnership projects of all parties. This includes both state and federal funds.

2.11. “Fund” means a separate group of self-balancing accounts recording cash and other financial resources together with all related liabilities and residual equities or balances, and changes therein, which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions, or limitations.

2.12. “General funds” means funds generated by a conservation district though sales of inventory, rental of equipment, or revenue generated from services of district employees/work crews.

2.13. “Special revenue funds” means funds received directly by a conservation district for a specific purpose such as a federal or public grant.

2.14. “State Conservation Committee” or “SCC” means the state agency charged with conserving the soil resources of this state, reducing soil erosion, preserving natural resources, controlling flooding, and protecting public lands, W.Va. Code §19-21A-4.

2.15. “West Virginia Conservation Agency” or “WVCA” means the administrative agency of the State Conservation Committee, W.Va. Code §19-21A-4(e).

W. Va. Code R. § 63-4-3 Administration

3.1. The standards set forth in this rule shall be the minimum system of accounting and auditing standards that are to be used by the conservation districts. The WVCA and conservation districts shall develop program documents for accounting and auditing that include these minimum standards to be approved by the SCC.

3.2. Upon approval by the SCC, the accounting and auditing standards shall be administered by the WVCA and conservation districts.

3.3. Program document(s) shall be developed by the WVCA to serve as policy and establish procedures for co-administered funds.

3.4. The conservation districts shall follow SCC policies in the administration of co-administered funds.

3.5. Program document(s) shall be developed by the conservation districts to serve as policy and establish procedures for general funds, conservation district operation funds, and special revenue funds.

3.6. The SCC shall consider recommendations from the conservation districts related to the accounting and auditing standards.

3.7. The conservation district supervisors are responsible for the financial management of the conservation district. The conservation district supervisors must ensure all applicable provisions of this rule and policies and procedures are complied with, all accounting records are accurately maintained, and all financial reports are reviewed and properly maintained.

3.8. WVCA accounting staff shall be responsible for accounting entry for co-administered funds.

3.9. Conservation districts shall hire an independent accounting or bookkeeping service to be responsible for accounting entry of general funds, CDO funds, and special revenue funds.

3.10. The SCC shall develop a chart of accounts for the co-administered funds. Conservation districts should use this chart of accounts for the general fund, CDO fund, and special revenue funds and may add to it as needed.

3.11. Conservation districts shall provide the SCC an annual budget by March 31st for the following fiscal year and an expenditures report by August 1st for the previous fiscal year for conservation districts operating funds.

W. Va. Code R. § 63-4-4 Basis of Accounting

4.1. Basis of accounting refers to when revenues and expenditures are recognized in the accounting records and reported in the financial statements.

4.2. The conservation districts shall maintain their accounting records on the accrual basis of accounting.

W. Va. Code R. § 63-4-5 Signatures on Transactions

5.1. Signatures on checks and other transactions are required to be manual handwritten signatures. If a district supervisor initiates an electronic transaction, the electronic signature/approval is acceptable so long as the signature/approval is password protected.

5.2. Signature stamps or preprinted signatures shall not be used.

5.3. Two signatures are required on all checks issued by the conservation districts. Both signatures cannot be by the same individual.

5.4. WVCA employees shall not have signature or transaction approval authority on any conservation district accounts or use of conservation district debit or credit cards.

W. Va. Code R. § 63-4-6 Bank Accounts

6.1. Conservation districts shall receive and maintain funds received from the State of West Virginia, including federal funds, in an interest-bearing bank account.

6.2. Conservation districts shall maintain general funds, CDO funds, and special revenue funds in the same interest-bearing account provided the accounting software used can perform fund accounting to produce financial statements and tracking for each fund. Otherwise, each type of fund may be maintained in separate bank accounts.

6.3. The use of a money market type account with a disbursement account is also acceptable.

6.4. Co-administered funds may be invested in Certificates of Deposit as long as the funds may be withdrawn early without penalty.

6.5. Conservation districts shall notify the WVCA when co-administered banking accounts are opened, closed, or changed.

6.6. Conservation districts shall notify their accounting/bookkeeping service provider when general fund, CDO funds, and special revenue banking accounts are opened, closed, or changed.

6.7. The conservation district treasurer and one other district supervisor shall be present at the financial institution when opening or closing a bank account or Certificate of Deposit.

6.8. Districts shall keep all signature cards up-to-date.

6.9. Funds shall be deposited at FDIC insured banking institutions.

6.10. Funds deposited in excess of FDIC insured amounts shall be collateralized to the same extent as W.Va. Code §12-1-5 with the same type of collateral as listed in W.Va. Code §12-1-4. This may require the use of Fedwire Securities Joint Custody Service.

6.11. Blank checks shall never be signed in advanced nor shall checks without a payee or amount.

6.12. Checks shall not be signed by stamp, any other signature facsimile, or by persons other than those authorized to sign.

6.13. Authorized signors shall be approved by district board motion.

6.14. Check stock shall be locked in a secure location when not in use.

6.15. All check stock shall have “Void After 180 Days” or “Void After 6 Months” printed on them.

6.16. Conservation districts shall notify and remit unclaimed property to the State Treasurer’s Office in accordance with the West Virginia Uniform Unclaimed Property Act §36-8.

6.17. All credit card transactions shall be reconciled monthly by the district treasurer to individual receipts.

W. Va. Code R. § 63-4-7 Bank Reconciliations

7.1. All bank accounts shall be reconciled monthly.

7.2. All Certificates of Deposit shall be reconciled when statements are provided by the bank (monthly, quarterly, or annually).

7.3. All bank statements and reconciliations shall be reviewed by the district treasurer, at a minimum. The district treasurer shall review and by signature approve the reconciliation.

7.4. All reconciliations shall have a zero unreconciled difference between the ledger balance and bank statement balance.

7.5. All outstanding items shall be research and resolved.

W. Va. Code R. § 63-4-8 Receipts Processing

8.1. All funds (cash, check, or money order) are to be treated as cash received.

8.2. Each transaction shall be recorded in an official receipt book as it is received, on the day received.

8.3. Each official receipt book shall have pre-numbered duplicate receipts. The conservation district shall retain an official receipt book for general funds, CDO funds, and special revenue funds and a receipt book for co-administered funds. Receipts written on scrap paper and inserted into the receipt book are not permitted as official receipts.

8.4. The original (top) receipt shall be given to individuals paying in person. Other original receipts shall be left in the official receipt book or mailed to the payee. The second (duplicate) receipt shall remain in the official receipt book at all times whether void or authentic.

8.5. Each transaction being recorded shall contain the date, the name of the individual or company paying funds to the district, and the total amount written out. A description line shall contain a short statement explaining the income being recorded. Each receipt shall be signed by the person receiving the funds.

8.6. Direct deposits are to be recorded in the same manner to provide a receipt number for recording in the accounting software. If a check is issued to deposit the funds into another conservation district bank account, it shall be processed in this manner and included on the deposit ticket process.

8.7. Receipt names should then be listed on the deposit ticket in the order received.

8.8. Each day's deposit ticket(s) shall have the date entered at the top of each ticket. If more than one deposit ticket is used, the date should be entered on each ticket and the bottom total box should have a line drawn through the space of each ticket, with the exception of the last ticket. The total amount shall be entered on the last ticket used that day. Duplicate deposit tickets should be kept with the receipt book.

8.9. Copies of completed deposit tickets for each day of the month shall be with the monthly bank reconciliation.

8.10. All checks shall be immediately stamped with a restrictive endorsement that includes “For Deposit Only”, the conservation district name, bank name, and account number.

8.11. All funds received shall be totaled for each day. The total of all funds listed on the deposit ticket shall equal the total funds received for the day as listed in the official receipt books.

8.12. Funds for all receipts written shall be deposited within 24 hours (excluding non-working days) of receipt.

8.13. If the banking institution being used closes before 4:00 pm and a drive-in section is not available, arrangements should be made for a locked bag to be used to make a night deposit.

8.14. WVCA employees shall not use petty cash funds or accept cash.

8.15. Accounts receivable shall be reviewed monthly by conservation district supervisors to see aging accounts still outstanding.

W. Va. Code R. § 63-4-9 Expenditure Processing

9.1. Each invoice for co-administered funds shall be signed or verified by email or signature by a conservation district supervisor, conservation board designee, or WVCA employee as defined in approved policy based on the program. This shall verify the invoice is a valid charge to the conservation district and delivery of the commodity or services to be rendered are complete.

9.2. Verifications via email shall include amount, invoice number (if available), contract number (if available), and vendor name.

9.3. Each invoice for general funds, CDO funds, or special revenue funds shall be signed or verified by email by a conservation district supervisor or conservation board designee. The designee shall not be a WVCA employee but may be a district employee.

9.4. Invoices shall be paid only for goods and services received.

9.5. All invoices to be paid shall be submitted to the board for approval of payment. The approval may be made on a listing or by individual invoice. The approval requires a motion and vote of the board and shall be recorded in the official minutes.

9.6. It is recommended that the authorized signatories, through board motion, be given the authority to pay routine monthly invoices/bills (such as rent and utilities) not to exceed a given dollar amount (recommended less than $1,000.00) to ensure they are not paid late.

9.7. Proper documentation, for the review/signature process, shall be attached to all checks presented to conservation district supervisors for signature.

9.8. All checks shall be electronically printed from the accounting system, unless emergency authorization is obtained from WVCA fiscal staff for co-administered funds or by conservation district supervisors for all other funds.

9.9. Accounts payable shall be reviewed monthly by conservation district supervisors to ensure all invoices and bills have been properly paid and payments correctly recorded.

9.10. Once a check has been approved by the conservation district board and signed, each invoice shall be stamped “PAID” and the date along with the check number shall be written on the invoice.

9.11. The second stub from the printed check shall be attached to the invoice as supporting documentation and additional proof of payment.

9.12. All authorized check signatories shall be properly bonded.

9.13. Any check that is misprinted, contains an error, or is otherwise voided shall have “VOID” written across the front of the check and shall be filed with the paid invoices in check number order.

W. Va. Code R. § 63-4-10 Procurement

10.1. The following procurement processes are required for all funds held in a conservation district. The exception is co-administered funds used for projects requiring the use of a contractor. Those projects will follow the Project Contracts Policy and Procedures or Emergency Watershed Protection Handbook as approved by the SCC.

10.2. Commodities and services that are expected to cost $2,500 or less require no bids. However, competition is encouraged to ensure best acquisition cost.

10.3. Bid Range $2,500.00-$10,000.

10.3.1. Commodities and services with an expected cost of $2,500.01 to $10,000.00 require three verbal bids. A bid proposal shall be developed that contains the designated specifications and necessary requirements and shall be used to obtain consistent bids. The written summary documentation that is prepared shall include the following information:

10.3.1.a. Vendor

10.3.1.b. Contact name

10.3.1.c. Phone number

10.3.1.d. Service/product specifications

10.3.2. The summary documentation shall be maintained with the final paid invoice.

10.3.3. Signed faxed bids are acceptable.

10.3.4. Screen prints from internet sites in which the community or service is for sale and can be purchased directly can substitute as a verbal bid.

10.4. Bid Range $10,000.01-$25,000.00.

10.4.1. Commodities and services with an expected cost of $10,000.01 to $25,000.00 shall require three written bids with like specifications. A bid proposal shall be developed that contains the designated specifications and necessary requirements and shall be used to obtain consistent bids. The designated specifications shall include:

10.4.1.a. Detailed description (specification) for commodities or services being purchased. Item(s) shall be identified by details with sufficient specificity to ensure like comparisons.

10.4.1.b. Quantity of item(s)

10.4.1.c. Delivery date and cost, if applicable

10.4.1.d. Bid price per unit of item(s)

10.4.1.e. Maintenance costs, if applicable

10.4.1.f. Written bid receipt deadline

10.4.2. All bids shall have the original signature of the bidding vendor.

10.4.3. Signed paper or faxed bids are acceptable.

10.4.4. Screen prints from internet sites are not acceptable as a valid bid for this threshold.

10.5. Bid Range Greater than $25,000.00.

10.5.1. Commodities and services with an expected cost in excess of $25,000.00 shall be advertised for written, sealed bids and shall include:

10.5.2. Detailed description (specification) for commodities or services being purchased. Item(s) shall be identified by details with sufficient specificity to ensure like comparisons. Vendor signature required on official bid sheet.

10.5.2.a. Quantity of item(s)

10.5.2.b. Delivery date and cost, if applicable

10.5.2.c. Bid price per unit of item(s)

10.5.2.d. Maintenance costs, if applicable

10.5.2.e. Sealed bid receipt deadline

10.5.3. Bids are to be sealed with date and time received noted.

10.5.4. Bids are received, opened, and examined to ensure compliance with all specifications and to determine the lowest responsible bidder. Bid quotes shall not be altered after bids are opened. The bid packages shall be opened by the conservation district board or its designee (by board motion) following the closing date and time.

10.5.5. All bids shall have the original signature of the bidding vendor.

10.6. Bid Solicitation.

10.6.1. The district board shall make and approve a motion for all solicitations for goods/services.

10.6.2. When soliciting bids, prices shall be requested both with and without trade-in offers from the vendors to facilitate an accurate comparison and to establish a value for the new equipment for inventory purposes.

10.7. Bid Evaluation.

10.7.1. A bid review and evaluation shall be completed by a district supervisor or their designee (a district employee or WVCA support personnel).

10.7.2. Bids shall be reviewed with the award going to the lowest responsible bidder who meets the specifications. Generally defined, a responsible bidder is one who has a reputation for good performance and financial accountability and can furnish the required needs of the district as requested in the bid specifications.

10.7.3. Evaluation of the bids shall include (at the minimum) meeting all specifications, bond requirements, required documentation, and proper licenses. The evaluation shall be completed within 3 business days after the bid opening and shall not be open to the public.

10.7.4. During the evaluation period, bid specifics shall not be discussed with vendors or the public. The district supervisors should contact vendors only to verify or obtain a better understanding of information that may be in question.

10.7.5. After a proper evaluation, if an award is made to a vendor other than the lowest responsible bidder, a thorough, written justification signed by the evaluator(s) shall be inserted into the file and retained for public record and inspection.

10.7.6. Prior to an award, a vendor shall be in compliance and in good standing in accordance with the WV Code §21A-2-6 concerning unemployment and workers compensation, otherwise their bid shall be disqualified. This may be verified by district supervisors or the administrative specialist through Workforce West Virginia and the Insurance Commission.

10.7.7. The vendor shall be verified not to be debarred by the federal government or state of West Virginia.

10.7.8. The vendor organized as a business entity must have a certificate of authority and be in good standing with the West Virginia Secretary of State’s Office.

10.7.9. The final award of the contract and Notice to Proceed (if needed) shall be completed by approval of a board motion. A prior board motion to delegate this authority to a district supervisor(s) is acceptable.

10.8. Tie Bids.

10.8.1. Occasionally two or more bids of equal terms and amount are received in response to a solicitation resulting in a tie bid.

10.8.2. The preferred method for resolving tie bids is a flip of a coin, draw of card, or any other impartial method.

10.8.3. Vendors affected by the tie should be notified and given an opportunity to attend the tie breaker.

10.9. Errors.

10.9.1. If an error is discovered by the conservation district, the burden of proof and timely action for request of relief (opportunity to correct errors, release from contract, etc.) is the vendor’s responsibility. The request for relief shall be made in writing by the vendor to the conservation district within five (5) working days from the bid opening date. The conservation district shall contact the vendor if an error is discovered. Omissions of required information or documentation are not considered an error and shall be rejected.

10.9.2. Erroneous bids may be rejected after the bid opening if all the following reasons are met:

10.9.2.a. An error was made;

10.9.2.b. The error materially affected the bid price;

10.9.2.c. Rejection of the bid would not cause a hardship on the conservation district other than losing an opportunity to receive commodities and services at a reduced cost; and

10.9.2.d. Enforcement of the part of the bid in error would be unconscionable.

10.9.3. To reject a bid, the public file shall contain documented evidence that all the above conditions exist. The vendor shall specifically identify the error(s) and provide documentation to substantiate the claim that the error(s) materially affect the bid and enforcement of the part of the bid in error would be unconscionable.

10.9.4. The unit price prevails if there is an error in the extension.

10.9.5. Faxed bids that contain bid bonds, litigation bonds or any other bond should be submitted with the bid and the vendor should provide the original bonds within two (2) working days of the bid opening dates.

10.10. Purchase of used equipment requires prior approval by the SCC or WVCA when using co-administered funds.

10.11. WVCA employees shall not use personal finances (credit card, cash, checks, debit card, money order, etc.) to make purchases on behalf of a district.

10.12. Tax exempt status shall be used on all purchases.

W. Va. Code R. § 63-4-11 Project Contracts

11.1. Conservation district contracts for projects using co-administered funds shall be performed by a conservation district work crew or be based on competitive public bid.

11.2. The SCC shall develop and implement the contracting process, with conservation district approvals, to ensure a uniform manner across the conservation districts.

11.3. This process applies to project contracts that use a private contracting business to complete the project.

11.4. If the conservation district board or delegated district supervisor(s) selects to use a conservation district work crew, the district will coordinate with WVCA field staff management or appointed technical staff and the conservation district work crew to complete the project.

11.5. If the conservation district board or delegated conservation district supervisor(s) selects to use a private contracting business, the district will inform the WVCA field staff management and/or appointed technical staff to start the process of external contracting.

11.6. A conservation district work crew may not compete against private contracting businesses for services. This includes a conservation district work crew providing a quote for services to the district prior to or post job showing.

11.7. Only after the contract bid (external contracting process) has been rejected by a conservation district board or delegated supervisor will the process be considered complete.

11.8. Once the contract bid is rejected and the conservation district board or delegated conservation district supervisor(s) start the bidding process over, only then may a quote from a district work crew be sought.

11.9. All contracts shall be a lump sum contract with a bid schedule sheet unless otherwise noted.

11.10. The SCC shall establish a dollar threshold to determine which procurement process to use to obtain a private contractor.

11.10.1. Project contracts financed through co-administered funds are divided into two (2) categories:

11.10.1.a. Co-administered funds projects under (established threshold)

11.10.1.b. Co-administered funds projects (established threshold) and above

11.11. The SCC shall develop and approve the Co-Administered Funds Projects Contracts Policy and Procedures manual to include the above processes and following topics:

11.11.1. Project Development to include:

11.11.1.a. Funding of Proposed Project and

11.11.1.b. Presentation of Project to District Board

11.11.2. District Board Selection of Contracting Process

11.11.3. Contract Development

11.11.4. WVCA Contracting Website Notification

11.11.5. WVCA Posting Job Showing to Website

11.11.6. Scheduling of Bid Openings

11.11.7. Pre-Bid Conference/Job Showing

11.11.8. Bid Opening

11.11.9. Bid Evaluation

11.11.10. Validation of Low Bid Contractor

11.11.11. Award and Signing of Contract

11.11.12. Tie Bids

11.11.13. Omissions

11.11.14. Errors

11.11.15. Bonds

11.11.16. Contract Modification/Amendment/Change Order

11.11.17. Contractor Protest

11.11.18. Contracting Documentation

11.12. Projects using federal funds shall follow any grant requirements and Code of Federal Regulations (2 CFR 200) requirements for local governments.

11.13. Contractor Protest.

11.13.1. Protests based on bid specifications must be submitted to the conservation district no later than one (1) working day prior to the bid opening.

11.13.2. Protest contract awards must be submitted to the conservation district no later than five (5) working days after the award.

11.13.3. The vendor is responsible for knowing the bid opening and award dates.

11.13.4. Protests received after these dates may be rejected at the option of the conservation district board.

11.13.5. All protests shall be submitted in writing to the conservation district board and contain the following information:

11.13.5.a. the name and address of the protestor;

11.13.5.b. the requisition, purchase order, or contract numbers;

11.13.5.c. a statement of the grounds of protest;

11.13.5.d. supporting documentation (if necessary); and

11.13.5.e. the resolution or relief sought.

11.13.6. Failure to submit this information shall be grounds for rejection of the protest by the conservation district board.

11.13.7. The conservation district board and WVCA or their designee shall review the matter of protest and issue a written decision.

11.13.8. A meeting to hear information from the vendor and pertinent staff may be conducted at the option of the conservation district board, WVCA, and/or assigned designee.

11.13.9. The decision of the district board is final. Appeals may be brought in the circuit court of the county where the district board office is located.

W. Va. Code R. § 63-4-12 Fixed Assets

12.1. Conservation districts shall maintain a list of all reportable fixed assets and depreciation schedules with their accounting/bookkeeping service.

12.2. Reportable assets include:

12.2.1. All assets with an original acquisition cost of $1,000 or more and a useful life of one year or longer is reportable.

12.2.2. All computers (including laptops and central processing units [CPU]) with an acquisition cost of $500 or more.

12.3. The acquisition costs of assets shall be determined as the actual cost of that asset as evidenced by invoices or purchase orders. The conservation district can also determine acquisition cost by a reasonable method of estimation provided that no invoice or purchase order records exist. The conservation district thoroughly documents the estimation method used, and the documentation related to the estimate is maintained in the appropriate file for audit purposes.

12.4. Assets shall be inventoried on a per item basis. Individual items making one working component are to be inventoried as one asset. However, should an asset be purchased for the purpose of enhancing or upgrading the item, the cost of the upgrade can be added to the original cost as a betterment.

12.5. Donated assets acquired as a gift from an individual or organization are to be included on the list if the donation or gift is valued at $1,000 or more and has a useful life of one year or longer. Donated assets are valued at fair market value on the date the gift is given.

12.6. Computer software is an intangible asset and considered non-reportable.

12.7. All reportable assets should have a numbered identification tag affixed to the asset. Conservation districts will be responsible for obtaining and placing the proper tags on all reportable assets under their jurisdiction. Tags are to be placed on all reportable assets in such a manner that it can be easily seen and read.

12.8. Conservation districts shall take a physical inventory once every three (3) years and shall have completed the physical inventory by June 30th of the relevant year. The physical inventory shall include viewing of all reportable assets under the conservation district’s jurisdiction.

12.9. Conservation districts may dispose of reportable assets by sell on-site, trade-in, sell for scrap, or recycle/dispose as waste.

12.10. Lost or stolen assets should be documented in the file and accompanied by a copy of a policy report is stolen.

12.11. Disposed assets shall be removed from the tracking list.

12.12. Assets purchased with federal funds shall be disposed of following guidelines from the grantor and 2CFR200.

W. Va. Code R. § 63-4-13 Payroll

13.1. Conservation districts shall be responsible for obtaining all required tax and other work documentation from their employees.

13.2. Timesheets shall be prepared and signed by each district employee and approved by their immediate manager or a designated conservation district supervisor for each pay period. The timesheet serves as the required documentation for payment of salary.

13.3. The district shall maintain payroll records as defined in their records retention schedule.

13.4. The accounting of payroll shall separate payroll into expense accounts including gross pay, fringe benefits, payroll taxes, etc.

13.5. Conservation districts are responsible for filing all required federal and state tax forms and making applicable tax deposits in timeframes required.

13.6. Conservation districts shall ensure proper tax withholding occurs, as well as proper withholding and tax application of various voluntary decoctions.

13.7. The conservation districts shall develop and approve policies and procedures for conservation district supervisor expense and per-diem.

13.8. The SCC shall set conservation district supervisor expense and per diem rate based on the availability of funds.

W. Va. Code R. § 63-4-14 Financial Statements

14.1. All financial statements/reports shall be reviewed by the district treasurer and should be reviewed by at least the district chairperson each month.

14.2. Any discrepancies noted shall be brought to the attention of the WVCA or the accounting/bookkeeping service provider based on whom provided the financial statements.

14.3. All financial statements/reports shall be made available for all conservation district supervisors to review upon their request.

14.4. Financial statements should not be printed until that month’s bank reconciliations have been completed unless needed for informational purposes. Interest has not been posted and transactions verified until the reconciliation process has been completed. If financial statements are printed prior to the bank statement, the reports shall be presented in “Draft” format.

14.5. Required financial statements and reports include:

14.5.1. Combined Balance Sheet

14.5.2. Combined Statement of Revenues and Expenditures

14.5.3. Check Register

14.5.4. Aged Accounts Receivables

14.5.5. Aged Accounts Payables

14.5.6. Trial Balance

14.5.7. Statement of Revenues and Expenditures

14.5.8. Co-Administered Funds Report

W. Va. Code R. § 63-4-15 Records and Records Retention

15.1. Receipts processing records should minimally consist of:

15.1.1. Bank deposit receipt.

15.1.2. Copy of the bank deposit slip.

15.1.3. Copy of checks, money orders, and other items of deposit.

15.1.4. Copy of Letter of Request (if co-administered funds)

15.2. Expenditure processing records should minimally consist of:

15.2.1. Check stub or copy of the signed check used to make the payment

15.2.2. Invoice paid

15.2.3. Approval documentation/verification emails (if co-administered funds)

15.2.4. Any additional supporting documentation

15.3. All receipts processing, expenditure processing, and bank statements should be filed by bank account. These same records should further be filed by fiscal year.

15.4. Financial statements should be filed by fiscal year with the above records.

15.5. Conservation districts shall develop standards and policies for additional documents to be retained in district files and the filing structure.

15.6. Conservation districts shall maintain files in accordance with other SCC approved program and project guidance.

15.7. The SCC shall develop and approve a records retention schedule for conservation district records that shall be reviewed and approved by West Virginia Records Management.

W. Va. Code R. § 63-4-16 Audit

16.1. Conservation districts shall be audited by an independent auditing firm on an annual basis and shall typically consist of an APE.

16.2. APEs will typically consist of testing of receipts, disbursements, bank reconciliations, payroll, fixed assets, and other various records.

16.3. Conservation district records shall be made available to the auditor.

16.4. A workplace shall be made available.

16.5. The WVCA shall provide conservation districts with a request for quotation template containing the testing requirements for the APE.

16.6. Conservation districts shall use the request for quotation template to obtain an independent auditor.

16.7. The final APE report is to be submitted by the conservation district to the WVCA by the February following the fiscal year being reviewed.

16.8. All findings shall be reviewed and resolved by the conservation district.

16.9. The WVCA shall review all findings for co-administered funds and work with the conservation district on resolution.

16.10. Any findings along with the resolution of the findings shall be reported to the SCC by July following the fiscal year being reviewed.

16.11. Conservation districts shall be responsible for paying the independent auditors for services provided in relation to the APE.

16.12. The WVCA shall reimburse the conservation districts for APE expenses once required documentation is received based on the availability of funding.

W. Va. Code R. § 63-4-17 Fraud, Waste, and Abuse

17.1. Conservation district supervisors suspecting fraud, waste, or abuse of assets of the district shall notify the WVCA executive director immediately.

17.2. The WVCA shall provide staff to review any suspicions of fraud, waste, or abuse.

17.3. The WVCA executive director and staff will work with conservation district supervisor(s) to determine if suspicion of fraud, waste, or abuse should be reported.

17.4. Any conservation district supervisor or WVCA employee may also report suspected fraud, waste, or abuse directly to enforcing entities.

17.5. Suspected fraud, waste, or abuse should be reported to the West Virginia State Auditor’s Office or the Legislative Commission on Special Investigations.

W. Va. Code R. § 63-4-18 Supplemental Policies and Procedures

18.1. The SCC shall establish supplemental policies and procedures for conservation districts including:

18.1.1. Conflict of Interest

18.1.2. Project Contracts

18.1.3. Records Retention

18.1.4. Transfer and Return of Co-Administered Funds

18.2. Conservation districts shall establish policies and procedures including:

18.2.1. Personnel and Payroll

18.2.2. Supervisor Expense and Per Diem

Conservation Committee Conservation Committee

Series 02 West Virginia Conservation Agency Financial Assistance Program

W. Va. Code R. § 63-2-1 General. 1.1

Scope. - This rule establishes West Virginia Conservation Agency financial assistance programs and procedures for West Virginia's elected and appointed Conservation District supervisors to participate in the programs without limitations; the transfer of decision-making authority to the West Virginia Conservation Agency when a supervisor applies for a WVCA financial assistance program; and the public notification, disclosure and the appeal of financial assistance program decisions to the State Conservation Committee. 1.2.

Authority. -- W.Va. Code §19-21A-4a. 1.3.

Filing Date. -- 1.4.

Effective Date. --

W. Va. Code R. § 63-2-2 Definitions

For the purposes of this rule, the following definitions apply: 2.1.

Act -- Conservation Districts Law of West Virginia, W.Va. Code §19-21A-1 et seq. 2.2.

Allocated Funds -- Funds allocated through the State Conservation Committee and the West Virginia Conservation Agency to West Virginia's Conservation Districts for financial assistance programs. 2.3.

Applicant -- A cooperator who is applying for or has applied to participate in a West Virginia Conservation Agency financial assistance program. 2.4.

Award -- The approval of an application for financial assistance. 2.5.

Best Management Practices (BMPs) -- Agronomic or engineering activities that contribute to the wise use and sustainability of natural resources. 2.6.

Business Day -- Any day not including Saturday, Sunday, or any legal holiday as set forth in W.Va. Code §2-2-1. 2.7.

Conservation District -- A subdivision of the state organized under W.Va. Code §19-21A-5. 2.8.

Conservation District Board -- A board comprised of elected or appointed Conservation District supervisors who serve as a Conservation District's governing body, W.Va. Code §19-21A-7. 2.9.

Conservation District Supervisor -- One of the members of the governing body of a Conservation District, elected or appointed in accordance with the provisions of W.Va. Code §19-21A-6.

2.10. Conservation Plan -- A record of decisions by the applicant, which are approved by the Conservation District for applying and maintaining BMPs and conservation practices on the land.

2.11. Contract -- A written agreement between the applicant and the Conservation District in which the applicant agrees to implement BMPs for which funds are being paid.

2.12. Cooperator -- An entity who has entered into a cooperative agreement with a Conservation District for the purposes of protecting, conserving and practicing the wise use of West Virginia's natural resources.

2.13. Eligible Project or Practice -- A project or practice designated as eligible for financial assistance through a Conservation District.

2.14. Farming Entity -- A sole proprietorship, corporation, limited liability corporation, partnership, trust or estate or other business entity in which an applicant has a financial interest.

2.15. Financial Assistance Programs -- State Conservation Committee approved programs that provide financial assistance and are administered by the WVCA and the Conservation Districts for the

purpose of protecting and conserving West Virginia's soil, water and related natural resources.

2.16. Immediate Family - A spouse with whom the individual is living as husband and wife and any dependent child or children, dependent grandchild or grandchildren and dependent parent or parents.

2.17. Nutrient Management Plan -- A plan that addresses the application, management, amount, source, placement, form and timing of nutrient and soil amendments. 2.18.

Program Document -- A document that outlines the administrative and program participation rules for each West Virginia Conservation Agency financial assistance program.

2.19. Program Year -- The 12-month period between July 1 and June 30. 2.20.

Qualified Applicant -- A person who has met all program application requirements. 2.21.

State Conservation Committee (SCC) -- The state agency charged with reducing soil erosion and improving water quality, W.Va. Code §19-21A-4.

2.22. West Virginia Conservation Agency (WVCA) -- The administrative agency of the State Conservation Committee, W.Va. Code §19-21A-4(e).

W. Va. Code R. § 63-2-3 Financial Assistance Programs. 3.1

Conservation Districts shall provide recommendations to the State Conservation Committee on local resource concerns, needed conservation practices, financial assistance rates and other local priority needs. 3.2 The State Conservation Committee shall consider the Conservation Districts' recommendations when developing the annual criteria for financial assistance programs.

3.2.a. Conservation Districts shall use the State Conservation Committee's approved practice list to generate and submit a local priority list to the West Virginia Conservation Agency for approval prior to the start of the program year.

3.3. The WVCA, with the State Conservation Committee's approval, may provide funding to Conservation Districts on an annual basis to aid financial assistance programs.

3.4. The WVCA shall provide technical assistance and oversight to the Conservation Districts to ensure proper use of allocated state funds. 3.5.

Conservation Districts shall administer financial assistance programs in accordance with State Conservation Committee approved policies. ### §63-2-4. Financial Reporting. 4.1.

Conservation Districts shall, with the assistance of WVCA employees, update and maintain the WVCA's financial assistance databases. 4.2.

Conservation Districts shall provide annual progress reports to the State Conservation Committee by July 31 detailing how the WVCA's financial assistance programs have benefited the districts' soil and water conservation mission. ### §63-2-5. Eligibility for Financial Assistance Programs. 5.1. 1. The State Conservation Committee shall annually approve applicant eligibility criteria. At a minimum, an applicant shall:

5.1.a. Be a Conservation District cooperator within the district in which the applicant is applying;

5.1.b. Obtain a conservation plan approved in the Conservation District in which the applicant's land is located;

5.1.c. Obtain a comprehensive nutrient management plan, if applicable. A nutrient management plan's applicability will be addressed in the approved program document. 5.2.

The State Conservation Committee's annually approved program document shall specify land eligibility. ### §63-2-6. Conservation District Supervisor Financial Assistance Applications Filed With the WVCA. 6.1 Conservation district supervisors applying to participate in a WVCA financial assistance program shall submit their applications to the WVCA for evaluation, approval or rejection. ### §63-2-7. Agricultural Enhancement Program (AgEP). 7.1.

Conservation District cooperators may apply for financial assistance to implement Best Management Practices to conserve soil and improve the state's waterways that may be affected by sedimentation and/or agricultural practices. ### 63-2-8. Stream Bank Stabilization and Restoration Program (SSRP). 8.1.

Conservation District cooperators may apply for financial assistance to address stream bank stabilization or stream blockages affecting their improved property or reducing a waterway's ability to pass a 5-year storm event. 8.2.

To be eligible for financial assistance under SSRP, sites shall:

8.2.a. Be located in the Conservation District in which the cooperator is applying for assistance; and

8.2.b. Meet the technical assessment and criteria established by the State Conservation Committee. 8.3.

Qualified Projects shall seek to:

8.3.a. Stabilize and restore stream banks that are severely eroding and result in limitations on land areas, including agricultural land, urban land, wildlife habitat and other properties and land uses;

8.3.b. Prevent sedimentation of streams and the reduction of the flood-storage capacity of lakes and reservoirs;

8.3.c. Protect water quality by reducing nutrients and chemicals contained in soil or runoff waters from entering a waterway;

8.3.d. Protect aquatic life and habitat by reducing soil erosion, sedimentation and restoring beneficial vegetation;

8.3.e. Protect improved public and private property;

8.3.f. Protect, create or restore wildlife habitat;

8.3.g. Reduce waterway velocity during high water or flooding conditions and reduce flood damage; and

8.3.h. Demonstrate the effectiveness of low-cost stream bank stabilization techniques to the public.

W. Va. Code R. § 63-2-9 Notification and Disclosure of Application Award or Denial. 9.1

Conservation Districts shall advertise the availability of WVCA financial assistance programs and the application periods in their respective districts. 9.2.

Districts shall disclose application decisions within fifteen (15) business days of when the district's board has rendered a decision on an application. 9.3.

Notification and Disclosure shall include:

9.3.a. Sending written notification of the decision via first-class mail to applicants;

9.3.b. Posting the decision on the Conservation District's and the WVCA's web site;

9.3.c. Issuing a news release of the decision to a local newspaper of general circulation in the county from which the application was received; and

9.3.d. Specifying whether an application by a Conservation District supervisor, an immediate family member, or farming entity of which the supervisor is a part, was approved. 9.4.

The district shall provide a financial assistance contract, financial assistance program rules, implementation standards and deadlines to install the planned practice to successful applicants.

9.5. The district shall provide information on how to appeal a financial assistance decision to the State Conservation Committee to unsuccessful qualified applicants. ### 63-2-10. Appeals to the State Conservation Committee.

10.1. To appeal a decision to the State Conservation Committee, an applicant shall:

10.1.a. Submit a written request to the Executive Director of the WVCA within fifteen (15) business days after being notified of the decision; and

10.1.b. State specific reasons for the appeal, including evidence to support the claim and the relief sought.

10.2. The State Conservation Committee, or its designee, shall review the appeal and render a written decision to the applicant within ninety (90) business days of receipt of the applicant's appeal request.

10.3. State Conservation Committee members shall recuse themselves from participating in appeal decisions if they, an immediate family member, or a farming entity of which the member is a part, has filed an appeal.

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