Wyoming Animal Damage Management Board

  Regulations Governing the Granting of Predator Management Program Funds

  Section 1. Authority. Pursuant to authority vested in the Wyoming Animal Damage Management Board (ADMB) in W.S. § 11-6-304(d) the following regulations are hereby promulgated and adopted.

  Section 2. Purpose of rules. These rules govern the distribution of funding appropriated by the Wyoming state legislature through the ADMB to the county Predator Management Districts (PMD) created by W.S. § 11-6-201. 

  Section 3. Definitions. For the purpose of this regulation, definitions shall be as set forth in Title 11, Wyoming Statutes and the board also adopts the following definitions:

  (a) "Animal Damage Management Board or ADMB" means the statutorily created board under W.S. § 11-6-303.

  (b) "Annual Report" means the final documentation the district must provide at the end of the state fiscal year (June 30).

  (c) "Assess" means to fix or determine the amount and to impose a tax or other charge on.

  (d) "Audit" means the unbiased examination and evaluation of the records, financial accounts, and financial statements of the district to verify their accuracy. The audit shall be performed in compliance with the State of Wyoming - Department of Audit, W.S. § 9-1-507(a)(iii) and Dept. of Audit Chapter 6 rules for special districts.

  (e) "Budget" means an itemized summary of estimated or intended income and expenditures for a given period. For the purposes of this rule, the budget shall be compiled for the state fiscal year of July 1 – June 30.

  (f) "Capital Equipment" means tangible equipment purchased for long term use by the district. For the purposes of these rules, capital equipment is a single piece of equipment and necessary attachments with a cost of more than $1,000.00 (one thousand dollars).

  (g) "Collect" means to receive or compel payment of.

  (h) "Commercial Feedlot" means any place, establishment or facility commonly known as a feedlot conducted, operated or managed for profit or nonprofit for livestock producers, feeders or  market agencies, consisting of pens and their appurtenances, in which livestock are received, held, fed, cared for or kept for sale or shipment in commerce.

  (i) "District" means a predator management district created under W.S. § 11-6-201(a).

  (j) "District Board" means the board of directors of a district created under W.S. § 11-6- 202.

  (k) "Encumbered Funds" means those funds which have been obligated for use by contract or invoice.

  (l) "Financial Statement" means a compilation of a district's financial status. Such records shall include a balance sheet (statement of financial position), an income statement (income and expenditure statement), a cash flow statement, and supplementary notes and recorded significant financial management decisions.

  (m) "Grant Application " means the form and documents with which a request is made for funding. The form will be prescribed and distributed by the ADMB.

  (n) "Management Plan" means a proposed or tentative course of action, including programs or policies stipulating the proposed service and expected benefits.

  (o) "Predacious Bird" means any predatory avian species that is permitted to be taken under either Wyoming law or federal law.

  (p) "Predatory Animal" means coyote, jackrabbit, porcupine, raccoon, red fox, skunk or stray cat; and gray wolf as allowed by law.

  (q) "Standard Budget" means an annual or biennial request for funding from a district that provides for a base level of funding for general operational needs of the district. 

  Section 4. Applicability of rules. These rules shall only apply to districts that solicit or receive grant funding from the ADMB under the program as outlined in these rules.

  (a) No state funds awarded to a district by the ADMB shall be used to satisfy debt existing prior to the effective date of these rules.

  Section 5. Qualifications for funding. To qualify for funding under these rules, the district shall:

  (a) Submit the following to the ADMB:

    (i) Proof of compliance with W.S. § 11-6-202(a)(v).

    (ii) Completed grant application on a form prescribed by the ADMB

    (iii) Budget

    (iv) Management Plan

    (v) Financial Statement

    (vi) Proof of having assessed and collected all available funds as required by W.S. § 11-6-210(o)

      (A) Each district, in accordance with W.S. § 11-6-210(f) shall determine which facilities meet the definition of a commercial feedlot.

      (B) Each district shall establish a method by which assessment, billing and collection for goats may be conducted.

    (vii) Report stating the accomplishments or actions relative to the prior year's management plan. The requirement shall only pertain to districts that have previously received state funds under these rules.

  (b) In addition, the district shall assure that:

    (i) It is in compliance with applicable Wyoming statutes; and

    (ii) All agreements with the ADMB are current or satisfied.  

  Section 6. Funding Distribution. Funding shall be applied for and justified through the grant application process as follows:

    An initial standard budget of $50,000.00 shall be awarded by the ADMB to each qualified district whose application has been approved by the ADMB prior to May1, 2007.

    The application must be received by the ADMB prior to April 1, 2007.

    Thereafter, the ADMB shall annually establish a standard budget amount that shall be provided to all qualified districts with an application submitted prior to April 1.

    (i) Additional funds, including but not limited to operational expenses and capital purchases, may be applied for by the grant application and justified in the management plan and budget.

    A maximum of ten percent (10%) of the standard budget may be used to purchase capital equipment.

    (i) Additional funds, including but not limited to operational expenses and capital purchases, may be applied for by the grant application and justified in the management plan and budget.  

  Section 7. Grant Applications. The grant application form shall be developed by the ADMB in accordance with the requirements of this regulation. The ADMB shall make a grant application form available to all districts.

  (a) A district requesting grant funds shall submit a new grant application, budget and management plan no later than the date specified on the initial grant application and not later than April 1 of future years.  

  Section 8. Financial Records. The district shall provide a budget with the grant application. A standardized form will be provided by ADMB.

    The budget shall show all proposed income and expenses of the district.

    The budget shall be accompanied by the district's current financial statement.

    Audit Reports as required by W.S. § 9-1-507(a)(iii) and Chapter 6 rules for special districts shall be submitted to the State Department of Audit and a copy to the ADMB.

  Section 9. Management Plan. The district shall include a management plan with the grant application. The management plan shall provide details of the proposed action and the expected results.

    The management plan shall address the following, as applicable for the district or funding requested:

      Wildlife issues and goals

      Livestock issues and goals

      Pre- and post-work monitoring

      Partnerships and cooperative agreements required to accomplish the management plan.

      The criteria shall include but not be limited to the cost of full-time and part-time trappers and the cost of fixed wing aircraft and helicopters, for predator management for livestock and wildlife.

      Human health and safety issues.

  Section 10. Reporting. The district shall submit an annual report, due to the ADMB, 2219 Carey Avenue, Cheyenne, WY 82002 by no later than July 1st of each year. This report should be relative to the current fiscal year.

    The annual report shall contain the following:

      Actions taken.

      Identifiable and measurable results.

      Grant monies expended.

      Current financial statement.

      Most recent audit report .

    Supplemental reports may be requested by the ADMB on any identified and targeted management or site specific projects, at the time funding is provided to the district to carry out such projects. 

  Section 11. Loss of eligibility. Any district that does not comply with all provisions of these rules shall not be eligible for additional grant funding until they have documented correction of all compliance deficiencies to the satisfaction of the ADMB. Districts that demonstrate correction of all deficiencies may submit a grant application for funding consideration for the next fiscal year.

  Section 12. Authority to determine funding amounts. In all cases, the ADMB retains the authority to allocate funding to qualified districts in the amount determined by the ADMB to carry out the intent of W.S. § 11-6-201.

  Section 13. Savings Clause. If any provision of this regulation is held to be illegal or unconstitutional, such a ruling shall not affect the other provisions of this regulation which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of this regulation are severable.