-IR- Database Guide
-IR- Database: Indiana Register

TITLE 312 NATURAL RESOURCES COMMISSION

Final Rule
LSA Document #13-446(F)

DIGEST

Adds 312 IAC 26-6 to establish and administer the distribution of grants from the Indiana Sportsmen's Benevolence Account established by IC 14-9-5-4(b). Effective 30 days after filing with the Publisher.



SECTION 1. 312 IAC 26-6 IS ADDED TO READ AS FOLLOWS:

Rule 6. Sportsmen's Benevolence Fund


312 IAC 26-6-1 Definitions

Authority: IC 14-9-5-4; IC 14-10-2-4

Sec. 1. The definitions in IC 14-8, 312 IAC 1, and the following apply throughout this rule:
(1) "Division" means the division of law enforcement established by IC 14-9-4-1.
(2) "Division director" means the director of the division appointed under IC 14-9-8-6.
(3) "Fund" means the Indiana sportsmen's benevolence account established by IC 14-9-5-4(b).
(4) "Grantee" refers to a qualified organization that receives a grant under this rule.
(5) "Qualified organization" means a corporation, with exemption status under 26 U.S.C. 501(c)(3), that:
(A) is incorporated in Indiana; and
(B) has as a purpose the processing of wild animal food products for the state's hungry.
(6) "White-tailed deer" means the species Odocoileus virginianus.
(Natural Resources Commission; 312 IAC 26-6-1; filed Jul 7, 2014, 11:01 a.m.: 20140806-IR-312130446FRA)


312 IAC 26-6-2 Administration of sportsmen's benevolence fund

Authority: IC 14-9-5-4; IC 14-10-2-4
Affected: IC 14-22-12-1

Sec. 2. (a) This rule governs a grant made through the fund.

(b) This rule and the fund are administered by the division.

(c) The fund shall be used to provide the following:
(1) Reimbursement to a qualified organization for work performed by a participating meat processor.
(2) Reimbursement to the division for expenditures incurred while administering, promoting, or supporting the fund.
(3) Program community outreach and education through public information avenues.

(d) An activity governed by LSA Document #13-441(E) is exempted from this rule.
(Natural Resources Commission; 312 IAC 26-6-2; filed Jul 7, 2014, 11:01 a.m.: 20140806-IR-312130446FRA)


312 IAC 26-6-3 Eligibility requirements

Authority: IC 14-9-5-4; IC 14-10-2-4

Sec. 3. (a) To qualify for a grant under this rule, a qualified organization must do the following:
(1) Submit an application to the division on a departmental form. Except as provided in section 4(d) of this rule, only complete requests received timely by the division on an approved application form shall be considered for funding.
(2) Show compliance with the definition of a qualified organization.
(3) Provide a project description for use of the grant, including the amount of the proposed project.
(4) Document estimated costs for each stage of the project.
(5) Provide a written proposal for any work to be performed by a participating meat processor.

(b) Upon reasonable request by the division, a grantee and a participating meat processor must provide access to and copies of all records that show the acquisition of a wild animal and disbursement of the meat and funds.

(c) Only ground venison from white-tailed deer taken in Indiana qualifies as a reimbursable consumable product. Ground venison must be provided to the state's hungry in either one (1) or two (2) pound packages that are marked clearly on the outside:
Donated Sportsmen's Benevolence Fund Venison – Not for Resale 
A member of the state's hungry must not receive more than ten (10) pounds of ground venison each week.

(d) A grantee must use a meat processor with a facility that:
(1) is subject to inspection by the Indiana state board of animal health under IC 15-17-5-1 to produce food for human consumption; and
(2) complies with the requirements of the weights and measures program of the Indiana state department of health.

(e) A grantee must keep true and accurate records of the number of donors, pounds of donated venison, and charitable recipient group. The records must be:
(1) submitted to the division by May 1 following the taking of the white-tailed deer; and
(2) made available to a conservation officer at all reasonable hours, and copies must be provided to a conservation officer upon request.

(f) If a grantee or the grantee's participating meat processor violates IC 14-9-5-4 or this rule, the department may:
(1) terminate the grant; and
(2) demand that funds allocated under this rule be returned immediately to the division.
(Natural Resources Commission; 312 IAC 26-6-3; filed Jul 7, 2014, 11:01 a.m.: 20140806-IR-312130446FRA)


312 IAC 26-6-4 Grant reconciliations based upon available funding

Authority: IC 14-9-5-4; IC 14-10-2-4
Affected: IC 14-22-12-1

Sec. 4. (a) The division shall not make grant awards that exceed funding anticipated by IC 14-9-5-4 and this rule.

(b) Except as provided in subsection (d), the division shall not award a grant other than as provided in sections 2(c) and 3(a) of this rule.

(c) To achieve compliance with subsection (a), the division shall consider the following:
(1) The number of meals that a qualified organization proposes to deliver to the state's hungry.
(2) The history of success by a qualified organization in delivery of meals to the state's hungry, including compliance with IC 14-9-5-4 and this rule.
(3) The economic efficiency of a qualified organization in achieving delivery of meals to the state's hungry.
(4) Geographic balance within Indiana in providing meals to the state's hungry.
(5) Any other factor that reasonably serves the purposes of IC 14-9-5-4 and this rule.

(d) If available funding exceeds awards to grantees that comply with section 3(a) of this rule, the division may make supplemental awards that are not otherwise inconsistent with IC 14-9-5-4 and this rule. Requests for supplemental awards shall be considered in the order the division receives the requests.
(Natural Resources Commission; 312 IAC 26-6-4; filed Jul 7, 2014, 11:01 a.m.: 20140806-IR-312130446FRA)


312 IAC 26-6-5 Schedule for grant applications, actions on applications, and actions concerning approved grants

Authority: IC 14-9-5-4; IC 14-10-2-4
Affected: IC 14-22-12-1

Sec. 5. The following schedule governs applications, actions on applications, and actions concerning approved grants:
(1) An application for annual hunting season participation must be made by a person that is a qualified organization and filed with the division by June 1 prior to the hunting season.
(2) By July 1, the division shall announce whether an application is approved, approved with conditions, or denied.
(3) By August 1, a grantee must make a budget submission to the division.
(4) By October 31, the division shall distribute seventy-five percent (75%) of the grant amount to the grantee.
(5) By December 31, the grantee must submit invoices to the division with respect to the anticipated asset and liability status for grant cycle.
(6) By January 30, the grantee must request the remaining grant percentage (not to exceed twenty-five percent (25%)) or make repayment to the division for any distribution overage.
(7) By April 1 following the taking of a white-tailed deer, a grantee must make final distribution of venison.
(8) By May 1, a grantee shall make its final annual report to the division.
(9) By May 15, the division director shall provide a final report of:
(A) fund expenditures;
(B) families affected;
(C) historical perspectives; and
(D) goals accomplished;
during the preceding fiscal year.
(Natural Resources Commission; 312 IAC 26-6-5; filed Jul 7, 2014, 11:01 a.m.: 20140806-IR-312130446FRA)


LSA Document #13-446(F)
Notice of Intent: 20130925-IR-312130446NIA
Proposed Rule: 20140416-IR-312130446PRA
Hearing Held: May 8, 2014
Approved by Attorney General: June 12, 2014
Approved by Governor: July 7, 2014
Filed with Publisher: July 7, 2014, 11:01 a.m.
Documents Incorporated by Reference: None Received by Publisher
Small Business Regulatory Coordinator: Captain David Dungan, Division of Law Enforcement, Department of Natural Resources, Indiana Government Center South, 402 West Washington Street, Room W255D, Indianapolis, IN 46204, (317) 234-5275, ddungan@dnr.in.gov

Posted: 08/06/2014 by Legislative Services Agency

DIN: 20140806-IR-312130446FRA
Composed: Apr 18,2024 1:09:18AM EDT
A PDF version of this document.