South Dakota Administrative Code

Rule 70:05:02:06 Repealed. CHAPTER 70:05:02 70:05:02:06. Application for a grazing permit -- Form and fee.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:07 Repealed. CHAPTER 70:05:02 70:05:02:07. Grazing permit -- Criteria for approval and fee.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:08 Repealed. CHAPTER 70:05:02 70:05:02:08. Notice of property for lease.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 8 SDR 94, February 14, 1982.

Rule 70:05:02:09 Repealed. CHAPTER 70:05:02 70:05:02:09. Application for lease -- Form and fee.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:10 Repealed. CHAPTER 70:05:02 70:05:02:10. Priority of current lessees.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984. Rule 70:05:02:10.01 Repealed. CHAPTER 70:05:02 70:05:02:10.01. Lease of property -- Director of divisi…

Rule 70:05:02:10.01 Repealed. CHAPTER 70:05:02 70:05:02:10.01. Lease of property -- Director of division to negotiate.Repealed. Source: 8 SDR 94, effective February 14, 1982; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:11 Repealed. CHAPTER 70:05:02 70:05:02:11. Bidding procedure to be used if no current lessee or current lessee does not renew.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 8 SDR 94, February 14, 1982.

Rule 70:05:02:12 Repealed. CHAPTER 70:05:02 70:05:02:12. Minimum rental rate.Repealed. Source: 8 SDR 35, effective October 4, 1981; repealed, 10 SDR 107, April 11, 1984. Rule 70:05:02:12.01 Repealed. CHAPTER 70:05:02 70:05:02:12.01. Application for lease of trackage -- Form and f…

Rule 70:05:02:12.01 Repealed. CHAPTER 70:05:02 70:05:02:12.01. Application for lease of trackage -- Form and fee.Repealed. Source: 8 SDR 94, effective February 14, 1982; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:12.02 Repealed. CHAPTER 70:05:02 70:05:02:12.02. Lease of trackage -- Director of division to negotiate.Repealed. Source: 8 SDR 94, effective February 14, 1982; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:12.03 Repealed. CHAPTER 70:05:02 70:05:02:12.03. Minimum rental rate for lease of trackage.Repealed. Source: 8 SDR 94, effective February 14, 1982; repealed, 10 SDR 107, April 11, 1984.

Rule 70:05:02:13 Reserved. CHAPTER 70:05:02 70:05:02:13. Reserved.

Rule 70:05:02:14 Reserved. CHAPTER 70:05:02 70:05:02:14. Reserved.

Rule 70:05:02:15 Reserved. CHAPTER 70:05:02 70:05:02:15. Reserved.

70:05:02:16. Record of income. The department shall keep on file a record of all agreements, maps, and income related to the management of railroad property. Source: 8 SDR 35, effective October 4, 1981; 13 SDR 129, 13 SDR 134, effective July 1, 1987; 49 SDR 47, effective November…

70:05:03:01. Definitions. Words used in this chapter mean: (1) "Applicant" a regional railroad authority created pursuant to the provisions of SDCL chapter 49-17A; (2) "Benefitted entity" an individual, corporation, partnership, limited liability company, or other business entity…

Rule 70:05:03:02 Eligibility requirements. CHAPTER 70:05:02 70:05:03:02. Eligibility requirements. A regional railroad authority created pursuant to the provisions of SDCL chapter 49-17A is eligible for loans under this chapter. Source: 19 SDR 107, effective January 24, 1993. Gen…

70:05:03:03. Application requirements. The department shall provide application forms to applicants. The application must be complete before it is processed. Applications must include the following information: (1) The applicant's name and address; (2) A detailed description of t…

70:05:03:04. Equity contribution. Repealed. Source: 19 SDR 107, effective January 24, 1993; 49 SDR 47, effective November 21, 2022.

70:05:03:05. Permissible uses of loan proceeds. Railroad trust fund loans may be used for the acquisition, development, and improvement of railroad infrastructure. Source: 19 SDR 107, effective January 24, 1993; 49 SDR 47, effective November 21, 2022. General Authority: SDCL 49-1…

70:05:03:06. Factors for board action. When making a decision on an application, the board shall consider the following: (1) Number of primary jobs created; (2) Amount of the loan requested; (3) Net economic effect on the area and state; (4) Transportation needs of the area serve…

70:05:03:07. Loan agreement and time restrictions. The applicant must comply with any conditions required by the board before approval of the application is given. Within ninety days after the board approves the loan, the applicant shall execute a loan agreement with the departme…

70:05:03:08. Loan security. Loans may be secured by a guarantee or promissory note executed by the benefitted entity, liens on the interest of the borrower in all real and personal property, easements, rights-of-way, a commitment by the borrower to exercise taxing authority, and …

70:05:03:09. Borrower reporting requirements. Until the prinicipal and any interest is paid in full, the borrower shall submit an annual report to the department containing the following information: (1) A summary of the status of the project; (2) An update concerning the borrowe…

70:05:03:10. Inspection of the borrower by the board and retention of records. During the term of the loan, the board or department may inspect the project and require the borrower to provide any books and records necessary to ensure compliance with the terms of the loan agreemen…

70:05:03:11. Additional notification requirements. The borrower shall notify the board in a timely manner of any change in the rail operator or any other benefitted entity. If the notice required in this section is not provided, the board may call the loan immediately due and pay…

70:05:03:12. Maturity and interest rate. The board shall set the maturity of the loan, and any interest rates, either fixed or variable, over the term of the loan. The board may consider the following in setting the interest rate: (1) State and national market interest rates; (2)…

70:05:03:13. Review of financial status. The board or the department may conduct an overall review of the financial status of an applicant or borrower and any benefitted entity. The review may include an analysis of all assets and liabilities and an analysis of the ability of the…

Rule 70:05:03:14 Default on loan agreement. CHAPTER 70:05:02 70:05:03:14. Default on loan agreement. If the borrower violates any of the terms of the loan agreement, the board may place the borrower in default. Upon default, the board may declare due and payable the entire princi…

70:05:03:15. Delegation of administrative functions. The department shall perform the administrative functions for the creation, processing, and review of loan applications; the preparation, negotiation, and execution of agreements; the review of the financial status of an applic…

70:05:04:01. Deadline for submission of information for railroad tax credit -- Application form -- Information required. A railroad seeking certification for railroad tax credits pursuant to SDCL 10-28-21.2 shall submit the following information to the department, on a form presc…

Rule 70:06:01:01 Definitions. CHAPTER 70:05:02 70:06:01:01. Definitions. Terms used in this article have the following meaning: (1) "Capital," transit vehicles and related equipment and structures having a useful life expectancy of one or more years; (2) "Department," the South D…

Rule 70:06:01:02 Federal transit grants eligible for state matching funds. CHAPTER 70:05:02 70:06:01:02. Federal transit grants eligible for state matching funds. Grantees receiving the following federal transit grants are eligible for state matching funds from the state highway …

Rule 70:06:01:03 Eligible grantees. CHAPTER 70:05:02 70:06:01:03. Eligible grantees. The following entities are eligible to receive a state matching fund grant from the state highway fund if they have first received FTA or department approval for a federal transit grant listed in…

Rule 70:06:02:01 Award and administration of federal transit grants. CHAPTER 70:05:02 70:06:02:01. Award and administration of federal transit grants. The department may award and shall administer federal transit grants in accordance with federal requirements. Before receiving a …

Rule 70:06:02:02 Criteria used to award state matching funds. CHAPTER 70:05:02 70:06:02:02. Criteria used to award state matching funds. The department shall use the following criteria to award state matching funds to the eligible grantees listed in § 70:06:01 :03: (1) A grantee …

Rule 70:06:02:03 State matching fund grant applications and department approvals. CHAPTER 70:05:02 70:06:02:03. State matching fund grant applications and department approvals. A grantee who receives a federal transit grant identified in § 70:06:02:01 may receive a state matching…

Rule 70:06:02:04 State matching fund disbursements to grantees. 70:06:02:04. State matching fund disbursements to grantees. State matching grants shall be disbursed after a grant agreement has been executed and funding requests have been approved by the department. Source: 19 SDR…

Rule 70:06:03:01 Performance and fiscal reports. CHAPTER 70:05:02 70:06:03:01. Performance and fiscal reports. If requested in writing by the department, federal transit grantees receiving state matching grants shall send copies of federally mandated transit performance and fisca…

70:06:03:02. Audits. Each state matching fund grantee shall meet all auditing requirements related to their primary federal transit grants. Each state matching fund grantee shall transmit to the department a copy of all audits performed by an independent certified public accounta…

Rule 70:06:04:01 Eligible grant purposes. 70:06:04:01. Eligible grant purposes. The following intercity bus service activities are eligible for funding under federal transit grants as authorized by 49 U.S.C. § 5311(f): (1) Planning and marketing for intercity bus transportation; …

Rule 70:06:04:02 Criteria used to award grants. 70:06:04:02. Criteria used to award grants. The department shall use the following criteria to award grants to providers of intercity bus services: (1) The total number of vehicle miles driven and passengers served during the last o…

Rule 70:06:04:03 Grant applications. 70:06:04:03. Grant applications. Grant applications must be made on forms approved by the department. The department may establish deadlines for application submission. The department may approve an application in whole or in part or may deny …

Rule 70:06:04:04 Grant disbursements and audits. 70:06:04:04. Grant disbursements and audits. Before receiving federal funds for intercity bus services, the grantee shall execute a grant agreement with the department in a form satisfactory to the department. The department shall …

70:07:01:01. Definitions. Terms used in chapters 70:07:01 to 70:07:04 mean: (1) "Awarding authority" a public or private authority that awards construction contracts; (2) "Business" a natural person or sole proprietorship that performs work as a contractor or subcontractor or a p…

Rule 70:07:02:01 Classification and rating committee -- Membership -- Powers and duties. 70:07:02:01. Classification and rating committee -- Membership -- Powers and duties. The classification and rating committee shall consist of four members from the department selected by the …

Rule 70:07:02:02 Committee to keep record of proceedings. 70:07:02:02. Committee to keep record of proceedings. The committee shall keep a record of its proceedings relating to all prospective bidders. Source: SL 1975, ch 16, § 1; 8 SDR 45, effective October 28, 1981; 13 SDR 129,…

Rule 70:07:02:03 Classification and maximum bidding capacity rating. 70:07:02:03. Classification and maximum bidding capacity rating. Unless the amount being bid is less than $250,000, a prospective bidder shall obtain a work classification and maximum bidding capacity rating bef…

70:07:02:04. Procedure for obtaining or renewing classification and capacity rating. To obtain or renew a work classification and maximum bidding capacity rating a prospective bidder shall submit a prequalification statement to the committee, on a form approved by the department.…

Rule 70:07:02:05 Financial records confidential. 70:07:02:05. Financial records confidential. A financial statement submitted under this chapter is a confidential record exempt from disclosure pursuant to SDCL subdivision 1-27-1.6(2). Source: SL 1975, ch 16, § 1; 8 SDR 45, effect…