Ga. Comp. R. & Regs. R. 305-1-.05 - General Terms and Conditions of the Program
Process.
(1) Cities,
counties, the commission, other state departments or agencies, other state
authorities, and nongovernmental entities may develop, submit and sponsor a
'land conservation project' to permanently protect locally identified land
resources with high environmental values or conservation benefits (O.C.G.A.
Sec.
12-6A-2).
(2) The Department will assist cities,
counties, the commission, other state departments or agencies, other state
authorities, and nongovernmental entities with the development of land
conservation project proposals including Program requirements and technical
assistance with real estate transactions (O.C.G.A. Sec.
12-6A-10).
(3) The Georgia Environmental Finance
Authority (Authority) will review each land conservation project proposal for:
(a) fiscal merit,
(b) the capacity of the applicant to fulfill
its matching fund or loan repayment commitments,
(c) the fiscal solvency of the entity
identified as responsible for protecting and managing the conservation land or
conservation easement, and
(d)
compliance with all applicable terms and conditions of this chapter.
(4) The Department will review
each land conservation project proposal for:
(a) its strategic investment in land
resources with high environmental values or conservation benefits;
(b) its permanent protection of land and/or
water, or interests therein, as defined in the definition of "conservation
land" set forth in O.C.G.A Sec.
12-6A-2(5);
(c) the merit of a plan for long-term
management of the conservation land or conservation easement; and
(d) compliance with all applicable terms and
conditions of O.C.G.A Sec.
12-6A-1et
seq.
(5) The
Authority and the Department will make recommendations to the Council based on
the review of each land conservation project, including recommended funding
sources, funding levels, and terms and conditions (O.C.G.A. Sec.
12-6A-5(c)(1)
and (2)) and (O.C.G.A. Sec.
12-6A-5(b)(1)
and (2)).
Georgia Land Conservation Council
(6) The Council is composed of the
State Property Officer, who shall serve as chairperson, the commissioner of the
Department, the director of the State Forestry Commission, the executive
director of the State Soil and Water Conservation Commission, the commissioner
of the Department of Community Affairs, and four additional members to be
appointed by and to serve at the pleasure of the Governor (O.C.G.A. Sec.
12-6A-3(a)).
(7) The Council shall review each land
conservation project proposal and shall consider the recommendations of the
Authority and the Department, as well as the Program's procedures, conditions,
components, priorities, and criteria. The decision of the Council that a land
conservation project complies with all of the required terms and conditions and
is approved shall cause the city, county, Department, commission, other state
department or agency, other state authority, or nongovernmental entity to
become eligible for funding (O.C.G.A. Sec.
12-6A-5(d)).
Funds
(8) The Georgia Land Conservation Trust Fund
and the Georgia Land Conservation Revolving Loan Fund have been established to
consist of any moneys appropriated, paid under an intergovernmental contract,
voluntarily contributed, any federal moneys deposited, and other moneys
acquired by any fund raising or other promotional techniques. All balances in
the funds will be deposited in interest-bearing accounts (O.C.G.A. Sec.
12-6A-4(a.1)).
(9) Within the trust fund,
moneys will be made available in each fiscal year for grants to the Department,
commission, other state departments or agencies, or other state authorities
having an approved land conservation project or for grants to cities and
counties having:
(a) an approved land
conservation project,
(b) complied
with state laws, regulations, contracts, and agreements, and
(c) matching funds at a percentage of the
total project cost as established by the authority or (O.C.G.A. Sec.
12-6A-4(b)).
(10) Within the revolving loan
fund, moneys will made available in each fiscal year for loans to cities,
counties, and nongovernmental entities having approved land conservation
projects or for loans to state authorities specified by the Department for
purposes of approved land conservation projects of the Department. Any such
loan shall bear interest at a rate established by the Authority (O.C.G.A. Sec.
12-6A-4(c)).
(11) Moneys granted from the trust fund or
from the revolving loan fund shall be expended solely to defray the costs of
acquisition as defined in O.C.G.A Sec.
12-6A-2(6) of conservation land or of conservation easements that contribute to the goals
set out for conservation land in O.C.G.A. Sec
12-6A-2(O.C.G.A. Sec.
12-6A-4(d)).
Partnerships
(12) The General Assembly recognizes the
critical role nonprofit conservation organizations and organizations that are
tax-exempt under Section 501(c)(3) of the federal Internal Revenue Code have in
partnering with cities, counties, and the state in accomplishing land
conservation goals (O.C.G.A. Sec.
12-6A-11).
(13) The Council shall adopt the means, such
as a memorandum of understanding, by which organizations that are tax-exempt
under Section 501(c)(3) of the federal Internal Revenue Code may enter into
partnerships with cities, counties, the Department, the Commission, other state
departments and agencies, and other state authorities to assist with:
(a) the identification and development of
land conservation project proposals,
(b) the establishment of a local funding
match, and
(c) to accept and
administer property acquired by a city, county, or the Department, the
Commission, other state department or agency, or other state authority.
(O.C.G.A. Sec.
12-6A-5(e) and O.C.G.A. Sec.
12-6A-4(h)).
(14) The Department may, by
agreement with a city, county, or nongovernmental entity accept and administer
property acquired by the city, county, or nongovernmental entity or may make
such other agreements for the ownership and operation of the property as are
outlined in Code Sections
12-3-32 and
27-1-6(O.C.G.A. Sec.
12-6A-4(g)).
Geographic Information System
(15) The Department shall establish the State
Land Conservation Geographic Information System by maintaining its current
geographic information system data and maps related to land conservation;
annually updating its land conservation data and maps based on the acquisitions
of land conservation projects; and monitoring progress in protecting the
state's land resources (O.C.G.A. Sec.
12-6A-10(a)).
(16) The Department shall make its geographic
information system data and maps available to cities, counties, the Commission,
other state departments or agencies, and other state authorities to assist them
in the strategic investment of land conservation projects in land resources
with high environmental values or conservation benefits as based on the
conservation goals set forth in O.C.G.A. Sec.
12-6A-1et
seq. (O.C.G.A. Sec.
12-6A-10(a)
and (b)).
(17) As a condition of project approval and
release of funds the grant or loan recipient shall be required to record
acquisitions of real or partial interest in land purchased by using grants or
loans with the Department (O.C.G.A. Sec.
12-6A-4(e)).
Notes
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