Rule 305-1-.05 - General Terms and Conditions of the ProgramProcess.
(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: (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)).Ga. Comp. R. & Regs. R. 305-1-.05
Authority O.C.G.A. Sec. 36-22-4.
Original Rule entitled "General Terms and Conditions of the Program" adopted. F. Nov. 1, 2005; eff. Nov. 21, 2005.Repealed: New Rule of the same title adopted. F. Sept. 13, 2010; eff. Oct. 3, 2010.