01-001-35 Me. Code R. § 3

Current through 2025-03, January 15, 2025
Section 001-35-3 - GRANT PROGRAMS
1. The following provisions apply to all grant programs contained in Section 3.
A. All farm operations, organizations, and farmland supported by the MHSF must be located in Maine.
B. The Commissioner will annually determine and communicate if funds are available for grant programs. Grant solicitations will be issued, and applications will be accepted for a time determined by the Commissioner, then reviewed and scored by the Maine Healthy Soils Fund Review Panel. Applications must be submitted in accordance with the terms directed by the grant solicitation. By applying for the grant, the applicant agrees to the conditions imposed by the grant award application solicitation. The Review Panel will make award recommendations to the Commissioner.
C. Alongside the application requirements described for each grant program in this section, the Commissioner may use their discretion to request additional documentation deemed necessary and appropriate. Additional application requirements will be outlined in respective funding announcements and must improve the ability of the review panel to score the application according to criteria for selection.
D. The Commissioner will notify applicants of a decision to fund in writing. The Commissioner is not obligated to make an award in the amount requested, provided that in such instances where the amount awarded is different than what was sought by the applicant, the Commissioner will provide a written explanation for the record.
E. Unsuccessful applicants may appeal the decision to the Department. Appeals shall be governed by Department rules chapter 01-001 CMR c. 8.
2. Soil Health Implementation Grant
A. Purpose and Limitations

The Commissioner may make grants available to farm operations for the purpose of addressing barriers to soil health best practice adoption, including but not limited to the purchase of soil amendments, equipment, equipment updates/retrofits, labor and training related to achieving soil health goals, cover crop seed, costs associated with increasing crop rotation, fencing, soil monitoring equipment, rental fees, soil testing, and other soil health uses or projects deemed appropriate by the Commissioner. Grants under this section are limited to a maximum of $100,000 per project per applicant. The Commissioner may increase or decrease the grant maximum based on available funding in each funding cycle. Grants awards are limited to one (1) per farm operation per three (3) funding cycles.

B. Criteria for Eligibility

An applicant is eligible to receive a grant under Section 3.2 upon clear demonstration of the following:

(1) Applicant is 1) a farm operation through which agricultural products with a gross annual value of at least $2,000 are sold commercially or are intended to be sold commercially; 2) a farm operation through which agricultural products with a gross annual value of at least $2,000 are produced to support community access to agricultural products.
(2) Applicant is enrolled in the Maine Healthy Soils Program (MHSP). Enrollment in MHSP can occur concurrently with grant application submission.
(3) Applicant has a current soil health management plan, including a soil health test that is three (3) or fewer years old, or the applicant commits to working with MHSP staff to complete soil health testing and management planning as part of grant recipient responsibilities.
C. Application Requirements

The applicant shall submit a written application to the Commissioner on form(s) provided by the Department, that include:

(1) A description of the farm operation and soil health goals, constraints, barriers, and current healthy soils best practices used on-farm;
(2) Results from a current (< 3 years old) soil health test and a soil health management plan, or an attestation to work with MHSP staff to complete testing and management planning as part of grant recipient responsibilities;
(3) A map of the farm fields anticipated to be affected by the grant with a description of how each field will be affected by the project; and
(4) An implementation plan describing how grant funds will be used and results reported back to the Department.
D. Criteria for Selection

Applications will be reviewed by the Maine Healthy Soils Fund Review Panel and evaluated according to the following criteria:

(1) Implementation plan: The proposed implementation plan demonstrates and/or addresses means, capacity, and/or innovation to improve soil health on the farm.
(2) Identification of soil health constraints: Specific soil health constraints are identified, and an implementation plan describes how soil health best practices will be maintained long-term.
(3) Budget: Budget items will advance project goals, address all requirements described in the funding announcement, and do not exceed the maximum allowable request.
3. Soil Health Technical Assistance Capacity Grants
A. Purpose and Limitations

The Commissioner may make grants available to agricultural service providers for the purpose of improving Maine's capacity to provide technical assistance to Maine farmers about soil health. Funds may be used for salaries and wages; training and demonstration programs; research projects; and other activities that satisfy the requirements set forth in a request for applications (RFA). The Commissioner may use their discretion to determine the amount of funding available and the period of time for which funding will be provided. Awardees may request a one-time priority extension to continue a previously funded project so long as the application demonstrates a continued need.

B. Criteria for Eligibility

Agricultural service providers are eligible to receive a grant under Section 3.3.

C. Application Requirements

The applicant shall submit a written application to the Commissioner on form(s) provided by the Department that includes:

(1) A description of the project, including but not limited to goals/objectives, description of activities, budget, priority areas addressed, role of applicant(s), project and data management plans, and anticipated outcomes.
(2) An explanation of how project activities will improve Maine's capacity to deliver soil health related technical assistance to farmers.
(3) A description of the technical and/or financial services provided to farms by the applicant in pursuit of improved farm operations as described under Section 3.3.
D. Criteria for Selection

Applications will be reviewed by the Maine Healthy Soils Fund Review Panel and evaluated according to the following criteria:

(1) Eligibility: Does applicant meet the definition of agricultural service provider under Section 1.2? This criteria is pass/fail.
(2) Priority extension: Previous awardees may request a project extension and receive bonus points to continue a previously funded project so long as a continued need for the project is demonstrated in the application. Project extensions may only be granted once per project.
(3) Impact: The project outcomes will improve Maine's capacity to deliver soil health related technical assistance to farmers.
(4) Priority areas: The proposed activities align with any priority areas established by the Commissioner.
(5) Project management: Proposed activities are consistent with qualifications of the applicant and work plans are clear and appropriate. Any proposed methods are sound and a data management and accessibility plan is provided for research projects.
(6) Budget: Budget items will advance project goals, address all requirements described in the funding announcement, and do not exceed the maximum allowable request.
(7) Measurement/Metrics: Applicant clearly outlines how they will gauge the success of their efforts through data compilation, tracking, and reporting to the Department.
4. Soil Health Equipment Share Grants
A. Purpose and Limitations

The Commissioner may make grants available to agricultural service providers for the purpose of establishing equipment share programs throughout the state. Funds may be used for purchasing and managing farm equipment that can be lent to farms in support of the implementation and maintenance of soil health best practices. Eligible purchases may include but are not limited to tractors, implements, parts, repairs, retrofits, and transportation equipment. Equipment may be new or used. The Commissioner may use their discretion to determine the overall grant amount depending on the amount of funding available. Awardees must submit proof-of-purchase for all equipment and retain ownership of the equipment for a period consistent with the relevant recovery period for standard farming assets as described in Internal Revenue Service (IRS) Publication 225 (2023), Farmer's Tax Guide, Table 7-1, Farm Property Recovery Periods, available at https://www.irs.gov/publications/p225. Awardees may not sell, trade, or abandon equipment purchased through this program without prior approval from the Department. Failure to comply with these terms may result in claw back.

B. Criteria for Eligibility

Agricultural service providers or other similar organizations as determined by the Commissioner are eligible to receive a grant under Section 3.4. Applicants may collaborate with farm operations to administer the equipment share. Applicants must demonstrate how the equipment will be made accessible to their broader farming community.

C. Application Requirements

The applicant shall submit a written application to the Commissioner on forms provided by the Department that include:

(1) A description and justification of the equipment to be purchased, the geographic range of the equipment share, and how the equipment will support soil health;
(2) An administration plan that describes how the equipment share will be managed, maintained, advertised, insured, stored, transported, and monitored;
(3) Documentation showing what, if any, financial resources besides the grant are being used to fund the equipment purchase; and
(4) Documentation showing how equipment share usage, including but not limited to the number of farms supported, the acreage and types of crops supported, and the geographic impact, will be reported to the Department on an annual basis.
D. Criteria for Selection

Applications will be reviewed by the Maine Healthy Soils Fund Review Panel and evaluated according to the following criteria:

(1) Impact: The equipment to be purchased will reduce barriers faced by producers implementing soil health best practices. The applicant demonstrates the need for the equipment by the agricultural community within the geographic range. The Commissioner may use their discretion to define priority geographic areas. Proposed equipment share programs within priority areas are eligible for bonus points during review.
(2) Administration plan: The proposed plan to administer the equipment share demonstrates that the applicant has the personnel and expertise to recruit users, maintain consistent engagement, and ensure equipment is rented out in a timely and equitable manner. The proposed plan to administer the equipment share must also demonstrate that the equipment-share program is likely to operate efficiently, such that requests for equipment rental are fulfilled within the farm management timelines required by farmers. Responsibilities, timelines, and other plan elements must be clearly defined.
(3) Budget: The budget addresses all requirements described in the funding announcement, demonstrates that the applicant has considered all costs associated with establishing and maintaining the program, and does not exceed the maximum allowable request. Other financial resources used to purchase, insure, repair, transport, store, and monitor the equipment must be defined and documented.

01-001 C.M.R. ch. 35, § 3