The provisions of this §  83.10 adopted November 8, 1974, effective November 9, 1974, 4 Pa.B. 2357; reserved May 4, 1984, effective May 5, 1984, 14 Pa.B. 1551. Immediately preceding text appears at serial page (88323).

Subchapter B. CONSERVATION DISTRICT FUND ALLOCATION PROGRAM—STATEMENT OF POLICY

GENERAL PROVISIONS

Sec.

§ 83.31. Purpose.

 (a)  The act provides for the General Assembly of the Commonwealth to appropriate moneys into a special fund known as the Conservation District Fund for allocation to local conservation districts. Funds allocated to conservation districts from this fund shall be used for activities necessary to meet the requirements of the act and costs associated with implementing programs delegated, contracted or approved by the Commission.

 (b)  It is the intention of the Commission to provide conservation districts with funds to be used for the employment of conservation district managers for the districts, to provide administrative funding assistance to districts, to finance Commission mandated or authorized activities, and to provide financial assistance for technical staff and programs of districts under the act, if the district complies with the terms and conditions of this chapter.

 (c)  The Commission will annually allocate the available funding to one or more of the program elements identified in this subchapter and will provide for the fair and equitable distribution of the funds to districts. Total funding available for allocation to one or more of the program elements will be determined by the Commission in consultation with the PDA, the Department and other funding sources on an annual basis as funding is available.

   (1)  The Commission will have the authority to reallocate district funding based on actual and anticipated district costs.

   (2)  The Commission will provide advanced payments for conservation districts consistent with the authority of the act and this subchapter.

 (d)  State funds allocated to districts under this program will be utilized solely for employing conservation district managers, conservation district management staff, conservation district technicians and engineers and to finance administrative expenses related to program elements and special project expenses of this subchapter approved by the Commission.

 (e)  The following program elements may be funded under the Conservation District Fund Allocation Program:

   (1)  Conservation District Management Cost Share Program. The purpose of the Conservation District Management Cost Share Program is to provide cost share assistance to conservation districts for their employment of a conservation district manager or other management staff to provide overall administration of the district’s programs.

   (2)  Administrative Assistance Funding Program. The purpose of the Administrative Assistance Funding Program is to provide financial assistance for administrative purposes to conservation districts. The funds shall be used to help defray district administrative expenses related to actions required or authorized by the act or an action of the Commission and enhance the conservation district’s ability to provide administrative support to other program areas where the conservation district has accepted administrative responsibilities. Activities include general administrative support for conservation districts programs and administrative support of other programs supported by other funding sources and approved by the Commission.

   (3)  Technical Assistance Cost Share Program. The purpose of the Technical Assistance Cost Share Program is to provide cost share assistance to districts for their employment of technical staff to carry out district functions that require specialized training or abilities. Funding under this program shall be utilized to support positions at conservation districts employed to carry out responsibilities under the Erosion and Sediment Control Program; the National Pollutant Discharge Elimination System Permitting Program; and the Agricultural Conservation Technical Assistance Program. Funding may also be utilized for other technical related program and staff positions determined necessary and approved by the Commission.

   (4)  Special Project Funding Program. The purpose of the Special Projects Funding Program is to provide State, Federal or private funds to districts or cooperating organizations in return for proper execution of special programs or projects approved by the Commission.

   (5)  Others. Other programs as approved by the Commission.

   The provisions of this §  83.31 amended under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   Act—The Conservation District Law (3 P. S. § §  849—864).

   Agricultral Area Security Law (3 P. S. § §  901—915)—This act creates a State agricultural conservation easement purchase program for the purchase of conservation easements on eligible farms administered by the PDA and local county farmland preservation boards assisted by county conservation districts.

   Agricultural Conservation Technical Assistance Program—A cost share program to support the employment and training of agricultural conservation technicians and engineers serving as a resource and technical advisor providing increased levels of direct technical services and assistance to production agriculture cooperators and other landowners. Technical assistance and services may include assessing natural resource problems and developing, updating or implementing conservation plans and other natural resource plans such as nutrient management, integrated pest management and pasture, crop and forest management plans for delegated or other technical assistance activities of a program assumed by the conservation district. Training opportunities include, but are not limited to, the Agricultural Technical Boot Camp Training Program.

   Associate director—A person appointed by the conservation district board consistent with section 6(2) of the act (3 P. S. §  854(2)).

   Commission—The State Conservation Commission created by the act.

   Conservation district manager—A person employed by the district to perform those duties determined by the district, if those duties comply with this subchapter.

   Conservation district management staff—A person employed by the district other than the conservation district manager to perform those duties determined by the district as providing overall administration of district programs that comply with this subchapter.

   Conservation district technician and engineer—A person employed by the district to perform those technical or educational duties determined by the district or the Commission that are of a specialized nature and require a specific educational background or specialized training.

   Cooperating organization—An organization approved by the Commission to assist in carrying out the act.

   Department—The Department of Environmental Protection of the Commonwealth.

   Directors—The district’s board of directors as defined in the act.

   District—A conservation district as defined in the act.

   Erosion and Sediment Control Program—A State program to help provide for the conservation of soil, water and related resources and for the control and prevention of soil erosion and preservation of natural resources established under the erosion control rules and regulations in Chapter 102 (relating to erosion and sediment control) adopted under the authority of The Clean Streams Law (35 P. S. § §  691.1—691.1001).

   Fiscal year—The State fiscal year being July 1 through June 30.

   National Pollutant Discharge Elimination System Permitting Program—A Federal discharge permitting program established under section 402 of the Federal Water Pollution Control Act (33 U.S.C.A. §  1342).

   PDA—Pennsylvania Department of Agriculture—The Department of Agriculture of the Commonwealth.

   Special project—A specific program or planned undertaking approved by the Commission.

   The provisions of this §  83.32 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 (a)  The Commission will determine the nature, extent and eligibility of expenses to be funded.

 (b)  When the Commission funds a staff position under this subchapter, the total cost of employment for those staff positions shall include salary and salary-related expenses provided by the conservation district, such as Social Security, workers’ compensation, unemployment compensation, liability insurance, disability insurance, medical/life insurance, Medicare, hospitalization, dental plan, vision plan, other health plans, retirement, professional fees, separation costs and other expenses the Commission determines to be appropriate.

 (c)  The following are not salary-related expenses: travel, lodging, vehicle insurance and office rent.

 (d)  When the Commission provides funds to a district for the purpose of supporting general administrative activities of districts and fulfilling requirements of the act and this subchapter, eligible costs include:

   (1)  Director and associate director mileage and travel expenses to district meetings or other official business.

   (2)  Publishing the annual report, bonding, liability or errors and omissions insurance.

   (3)  Postage, legal fees and audit fees.

   (4)  Expenses related to keeping full and accurate district records.

 (e)  The Commission may approve and reimburse staff mileage and travel expenses for official administrative activities as approved by the district board of directors when the Commission has determined adequate funding is available.

 (f)  When the Commission, agency or other funding source provides funding to a conservation district for a program approved by the Commission, the agency or other funding source shall define program activities and acceptable expenses through a delegation agreement, other program agreement or criteria established within the specific guidelines of the funding source.

 (g)  Other eligible expenses will be determined by the Commission.

 (h)  Salary and salary-related expenses for specific programs delegated or contracted to the district by the Commonwealth will be eligible expenses when the Commission specifically approves payment.

   The provisions of this §  83.33 issued under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.33 adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

 (a)  An application for funding, in a format approved by the Commission, shall be completed by the district for any staff position, project or activity authorized by the Commission and this subchapter.

 (b)  The application for funding shall be signed by the chairperson or a designee and submitted to the Commission within the time frames established by the Commission.

 (c)  When an application for funding is submitted for a staff position, a copy of the job description for each staff position shall be included in each application for funding.

 (d)  When multicounty proposals for staff positions or programs authorized by the Commission or this subchapter are the most feasible and cost-effective manner for delivering program objectives or services, the Commission may authorize two or more conservation districts to apply for funding. Applications must include letters of intent from all cooperating districts, signed by the chairperson or a designee of that cooperating district, indicating that each cooperating conservation district board took official action to support the proposed application and the date of that action.

 (e)  In prioritizing and selecting applications to be funded under the Technical Assistance Cost Share Program element, the Commission may consider the district’s application consistency with goals and other relevant information established in program guidelines.

 (f)  Upon Commission approval of an application, the district will be notified of the amount available for funding.

   The provisions of this §  83.34 issued under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.34 adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

 (a)  The district shall submit documentation of the eligible staff position’s salary and salary-related costs for the actual and anticipated calendar periods on forms approved by the Commission.

 (b)  The State or Federal government may provide funds to the district for activities devoted to a program of the State or Federal government in addition to the funding provided by the Commission through this program. A district may not receive State or Federal funds, the combination of which exceeds 100% of the cost of administering a program.

 (c)  If extenuating circumstances regarding the allocation warrant special consideration, the Commission will have the discretion to adjust the allocation provided to a particular district.

 (d)  Funds provided will be available on a fiscal year basis for costs incurred for the positions at the beginning of the fiscal year or from the time the district fills the position during that fiscal year.

 (e)  The Commission may exercise its judgment in approving applications for funding and in determining the distribution of these funds.

 (f)  The Commission may impose restrictions or special conditions upon the issuance of these funds.

 (g)  The Commission will have sole authority to determine the level of funding that individual conservation districts are eligible to receive under any element of this program.

   The provisions of this §  83.35 issued under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.35 adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

 For purposes of disbursing funds to conservation districts, the Commission may process an advanced payment as follows:

   (1)  When an application for funding of a staff position has been approved by the Commission, the Commission may advance up to 25% of the approved application amount. Subsequent payment to the district will be made on an ‘‘actual cash expended’’ basis not to exceed approved funding caps for the positions. The district shall request reimbursement of the remaining allocation amount on forms approved by the Commission in accordance with § §  83.37 and 83.38 (relating to reimbursement requirements and procedures; and reporting requirements).

   (2)  When annual funding for administrative assistance for general conservation district program administration has been approved by the Commission, a district shall receive an initial grant, the amount to be determined by the Commission, if funding is available for the fiscal year and the requirements of §  83.55(a) and (b) (relating to reporting procedures) for administrative assistance are met. Additional administrative funds may be granted to districts if they become available, provided the requirements of §  83.55(a) and (b) are met.

   (3)  When annual funding for administrative assistance for other program elements under this subchapter include eligible expenses for both staff positions and administrative activities and have been approved by the Commission, the Commission may advance funding consistent with paragraphs (1) and (2) up to caps that may be established by the Commission.

   (4)  Upon receipt of advance payment funds, the district shall promptly deposit these funds in an interest bearing account in a bank or other financial institution insured by the FDIC, FSLIC or equivalent insurer. The advance payment funds and any interest earned thereon shall be expended by the district to fulfill the objectives of the approved program element for which the advance payment was received.

 (a)  The following reports and documents shall be provided to the Commission or its designee on or before the dates listed. Other reports required by the Commission and this subchapter shall be provided on or before dates established by the Commission.

 (b)  The Commission or its designee may not process a district’s claim for reimbursement until that district’s required reports and documents related to a Conservation District Fund Allocation Program element or an approved special project are received by the Commission.

 (c)  Final payment for activities conducted under program elements or approved special projects under this subchapter will not be provided to a district until all program elements or special project activities have been completed as described in the program guidelines or the special project work plan and the required reports have been submitted to the Commission in a manner consistent with §  83.38 (relating to reporting requirements).

 (d)  When a conservation district receives funding under this subchapter and is unable to meet a reporting deadline as noted in subsection (a), the conservation district may request an extension to that deadline as outlined in Commission policy.

 (e)  Funding claims will be reviewed and forwarded by the Commission or its designee to the comptroller for payment within 15 working days after an acceptable claim and the required reports are received in the Commission or designee’s office.

   The provisions of this §  83.37 issued under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.37 adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

 (a)  A district having staff positions or special projects approved for funding by the Commission shall file quarterly claims indicating applicable cost of employment or costs of the special project for the period.

 (b)  Claims shall be filed no later than 15 days after the close of the quarter. Quarters end on September 30, December 31, March 31 and June 30.

 (c)  At the same time, the district shall submit a quarterly report of activities for the program element or special project.

   (1)  Quarterly reports for cost share program elements must include a report of activities and accomplishments that have resulted from the employment of the conservation district manager, technician or engineers or the monthly board meeting minutes for the quarter if they include activities and accomplishments of the conservation district manager, technicians or engineers.

   (2)  Quarterly reports for special projects must include a report indicating the status of the project or accomplishments consistent with the project work plan.

 (d)  When available, the district shall use the Conservation District E-commerce System for submission of forms and reports required by the Commission or delegated and contracted programs to the greatest extent possible.

 (e)  If a position is employed by more than one district, the host district shall maintain records and file reports for the position.

 (f)  Quarterly claims and activity reports shall be submitted in a manner and on forms approved by the Commission.

   The provisions of this §  83.38 issued under the Conservation District Law (3 P. S. § §  849—864) and secton 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   the provisions of this §  83.38 adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

 (a)  The district shall maintain in its file a record of the activities of all positions (district manager, technicians and engineers) and special projects funded under this subchapter.

 (b)  A conservation district receiving funds under any program element under this subchapter shall maintain in accordance with generally accepted accounting principles the books, records, receipts, financial statements and other documents pertaining to any program element or special project under this program. These records shall be retained a minimum of 3 years, commencing at the end of the fiscal year of funding. The records shall be made available to the Commission, PDA and the Department or their agents upon request.

   The provisions of this §  83.39 issued under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.39 adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

   This section cited in 25 Pa. Code §  83.46 (relating to record retention requirements).

CONSERVATION DISTRICT MANAGEMENT
COST SHARE PROGRAM

§ 83.41. General requirements.

 (a)  This program is known as the Conservation District Management Cost Share Program.

 (b)  The conservation district manager or other management staff position shall be the employee of the district and not the employee of the Commonwealth. A person serving as a conservation district manager or in another management staff position may not serve in a clerical capacity with the district unless the Commission gives special approval.

 (c)  The Commission will pay no more than 50% of the total cost of employment for a conservation district manager or other management position even when employed by more than one district. The maximum amount that a district can be reimbursed for the fiscal year per management staff position will be set annually by the Commission.

 (d)  No more than one conservation district management staff position per district may be cost shared unless the Commission determines that adequate funds are available.

 (e)  The Commission will have the authority to adjust the conservation district management annual cost share for unforeseen circumstances.

   The provisions of this §  83.41 issued under section 4(1), (5)(c) and (6) of the act of December 19, 1984 (P. L. 1125, No. 221) (3 P. S. §   852(1), (5)(c) and (6)); amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Application for funding for this program element shall be completed in a manner consistent with §  83.34 (relating to application procedures).

   The provisions of this §  83.42 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Reporting requirements for this program element shall be completed in a manner consistent with §  83.38 (relating to reporting requirements).

   The provisions of this §  83.43 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Reimbursement procedures for this program element shall be completed in a manner consistent with §  83.37 (relating to reimbursement requirements and procedures).

   The provisions of this §  83.44 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 The conservation district management staff position’s actual salary and salary-related costs for the new July 1 through December 31 calendar period and anticipated salary and salary-related costs for the new January 1 through June 30 calendar period shall be the basis for computing the new fiscal year allocation.

   The provisions of this §  83.45 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Record retention requirements for this program element shall be completed in a manner consistent with §  83.39 (relating to record retention requirements).

   The provisions of this §  83.46 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.46 adopted February 24, 1984, effective May 5, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227126).

ADMINISTRATIVE ASSISTANCE FUNDING PROGRAM

§ 83.51. General requirements and eligibility.

 (a)  This program is known as the Administrative Assistance Funding Program.

 (b)  Funds made available to this program shall be utilized to help defray costs directly related to the following:

   (1)  Administration of general district programs, fulfillment of requirements of the act and this subchapter. Eligible costs are those costs contained in §  83.33(d)—(f) (relating to eligible expenses).

   (2)  Administrative or other expenses approved by the Commission and incurred by conservation districts when the conservation districts have agreed to provide administrative support to the county agricultural land preservation board for duties carried out by the board under the Agricultural Area Security Law.

   (3)  Administrative or other expenses approved by the Commission and incurred by conservation districts when the conservation district accepts administrative responsibility and activities of other county, State or Federal programs. Eligible costs are those costs contained in §  83.33(f).

   The provisions of this §  83.51 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 (a)  A district shall annually receive funds in a manner consistent with §  83.35 (relating to procedures for allocating funds), the amount to be determined by the Commission, if funding is available for the fiscal year and the requirements of §  83.55(a) and (b) (relating to reporting procedures) are met.

 (b)  Additional administrative funds may be granted to districts if they become available, provided the requirements of §  83.55(a) and (b) are met.

 (c)  Contingent on the availability of funds, the Commission, at its discretion, also has the option to reimburse conservation districts for:

   (1)  Extraordinary travel and administrative expenses in excess of the initial administrative assistance grant.

   (2)  Additional eligible expenses in providing administrative support, or other services to a county, State or Federal program when the conservation district accepts administrative responsibility and program implementation activities.

   (3)  The Commission may also reimburse a district for the travel expenses of a district director, associate director or staff person to attend a meeting or conference at the request of the Commission.

   The provisions of this §  83.52 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Application for funding shall be completed for this program element in a manner consistent with §  83.34 (relating to application procedures).

   The provisions of this §  83.53 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Adminstrative Code of 1929 (71 P. S. §  510-20).

 (a)  When extraordinary travel and administrative expenses in excess of the initial grant are to be reimbursed, a reimbursement claim form shall be submitted by districts to the Commission semiannually indicating costs to be reimbursed for the period. The claims shall be filed no later than 15 days after December 31 and June 30.

 (b)  The Commission may reimburse all or a portion of the reimbursable expenses submitted by districts.

 (c)  Reimbursement claims shall be made by conservation districts, and processed by the Commission, consistent with the reimbursement procedures contained in §  83.37 (relating to reimbursement requirements and procedures).

   The provisions of this §  83.54 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 (a)  Within 15 days following the end of the fiscal year on June 30, each participating district shall file an ‘‘Administrative Assistance Program Financial Statement’’ noting how the general administrative funds were utilized.

 (b)  A district shall, by October 1, submit a financial audit for the previous calendar year unless an extension of time is requested by the district and approved by the Commission. The standards and guidelines for the financial audit and extension of time request will be established by the Commission.

 (c)  A conservation district accepting funds for administrative activities of programs other than general conservation district programs or fulfillment of requirements of the act and this subchapter shall provide a quarterly report of activities and accomplishments that have resulted from the expenditure of these funds as required by the Commission or guidelines established for that program.

   The provisions of this §  83.55 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 General administrative funds not used for the purposes authorized by the Commission shall be reconciled and deducted from the following year’s grant to that district.

   The provisions of this §  83.56 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.56 adopted February 24, 1984, effective May 5, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227128).

TECHNICAL ASSISTANCE COST SHARE PROGRAM

§ 83.61. General requirements.

 (a)  This program is known as the Technical Assistance Cost Share Program.

 (b)  Funds allocated to districts under this program shall be utilized solely for employing conservation district technicians or engineers to provide technical assistance and services assumed by the district including, but not limited to, the following:

   (1)  The Erosion and Sediment Control Program and the National Pollutant Discharge Elimination System Permitting Program as specified in the delegation agreement with the Department. The percentage of cost share for conservation district technicians performing duties under Erosion and Sediment Control Program shall be at the following rates, based on the level of responsibilities:

     (i)   Level I—35%

     (ii)   Level II—50%

     (iii)   Level III—65%

   (2)  The Agricultural Conservation Technical Assistance Program established in program guidelines and approved by the Commission.

     (i)   Cost share provided for agricultural conservation technicians and engineers shall be at a rate of 50% of the total cost of employment, up to caps established by the Commission for entry, working and master-level positions established in the Agricultural Conservation Technical Assistance Program guidelines.

     (ii)   For purposes of the Agricultural Conservation Technical Assistance Program, the balance of the funds shall be from non-State sources, except as are provided to conservation districts under the Nutrient Management Act Program, the Biosolids Program and the Easement Program and may be utilized for the purpose of matching funds. Other State and Federal funds, as approved by the Commission on a case-by-case basis, may also be authorized for purposes of matching funds.

   (3)  Other program areas established in Technical Assistance Cost Share Program elements under this subchapter.

     (i)   Cost share shall be provided for technical staff positions performing duties under the approved program area approved by the Commission at a rate established by the Commission.

     (ii)   The conservation district technician or engineer funded under the Technical Assistance Cost Share Program is the employee of the district and not the employee of the Commonwealth. A person serving as a conservation district technician or engineer shall receive general supervision from a district director or an employee of the district designated by the board of directors.

     (iii)   The Commission will pay no more than the established cost share rate of the total cost of employment for the conservation district technician or engineer even when employed by more than one district.

     (iv)   The Commission, as funds are available, has the authority to increase a district technician’s cost share allocation and reimburse the district up to an additional 10% for each conservation district technician, or engineer, in supplemental increments of up to 10%, if the following conditions in clauses (A) and (B) are met by a district employee. Caps for supplemental funding increases will be established by the Commission.

       (A)   For a conservation district technician under the Erosion and Sediment Control Program who has achieved certification as an erosion and sediment control technician, level 2, by the National Institute for Certification in Engineering Technologies or certified by the International Erosion Control Association as a Certified Professional in Erosion and Sediment Control and other professional certification programs recognized by the Commission or is a professional engineer with a minimum of 2 years experience in erosion and sediment control.

       (B)   For an agricultural conservation technician or engineer who has obtained and maintained certain Natural Resources Conservation Service Engineering Job Approval Ratings, professional certifications or specified training as prescribed by the Commission; or is a registered engineer with a minimum of 2 years experience in the design and installation of agricultural conservation best management practices.

     (v)   The Commission may determine the number of technicians or engineers to be cost shared per district contingent on the availability of funds.

       (A)   The cost share rate for additional conservation district erosion and sediment control technicians shall be based on the level of responsibility assumed by the district in the Erosion and Sediment Control Program as specified in the delegation agreement with the Department.

       (B)   The cost share rates for additional agricultural conservation technicians or engineers within a single county will be established at the sole discretion of the Commission.

 (vi)  The Commission has the authority to reduce the cost share rate for additional conservation district technicians or engineers where more than one technician or engineer is cost shared in the conservation district.

 (vii)  If an evaluation of the district’s performance reveals that a district is not performing satisfactorily at the authorized level, the Commission has the authority to reduce the allocation or the level of cost share for the technicians, or both.

   The provisions of this §  83.61 amended under section 4(1), (5)(c) and (6) of the act of December 19, 1984 (P. L. 1125, No. 221) (3 P. S. §  852(1), (5)(c) and (6)); amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Application for funding for this program element shall be completed in a manner consistent with §  83.34 (relating to application procedures).

   The provisions of this §  83.62 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Reporting requirements for this program element shall be completed in a manner consistent with §  83.38 (relating to reporting requirements).

   The provisions of this §  83.63 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 (a)  For Technical Assistance funding, the technician’s or engineer’s actual salary and salary-related costs for the new July 1 through December 31 calendar period and anticipated salary and salary-related costs for the new January 1 through June 30 calendar period shall be the basis for computing the new fiscal year allocation.

 (b)  The Commission will determine, on the basis of criteria established by the Commission, which technical personnel will receive cost share.

 (c)  The allocation may be prorated if sufficient funds are not available to provide the desired rate of cost share for the approved technicians or engineers.

   The provisions of this §  83.64 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 Reimbursement requirements and procedures for this program element shall be completed in a manner consistent with §  83.37 (relating to reimbursement requirements and procedures).

   The provisions of this §  83.65 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.66 reserved February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227131).

SPECIAL PROJECTS FUNDING PROGRAM

§ 83.71. General requirements.

 (a)  The Commission may allocate to districts, State, Federal or other funds, as available, to reimburse districts for a portion of their costs to carry out special projects approved by the Commission. These projects shall be limited to a reasonable period of time for the accomplishment of project objectives but State funding will not be assured for longer than 1 State fiscal year. Eligible projects will be determined on individual merit by the Commission based on criteria established within the specific guidelines of the funding source.

 (b)  The Commission may authorize special project grants to any district or cooperating organization for purposes consistent with this subchapter and the act.

   The provisions of this §  83.71 amended under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.71 adopted February 24, 1984, effective January 6, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227131).

 (a)  Districts may apply for available funds. The Commission will establish a deadline for the filing of the applications. Applications must be in writing and be made on forms prescribed, prepared and furnished by the Commission. Applications must set forth the information and be accompanied by the data that is necessary for the Commission to determine the applicant’s eligibility to be considered for a special project.

 (b)  Project proposals shall be submitted to the Commission in a format provided by the Commission that describes the purpose, schedule and scope of activities, expected results, and projected completion dates, required personnel, special services, physical resources and estimated costs for the completion of the project and the district’s financial resources to cost share the project.

 (c)  Applications will be reviewed by the Commission and preliminarily ranked based on guidelines adopted by the Commission. Additional information may be required of districts submitting projects regarding the intent and purpose of the project.

   The provisions of this §  83.72 amended under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.72 adopted February 24, 1984, effective January 6, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial pages (227131) to (227132).

 (a)  The Commission will approve the amount of funds available for special projects.

 (b)  Projects containing objectives that are consistent with the current priorities of the Commission may receive higher priority for funding and may be cost shared at a higher rate.

 (c)  The Commission will approve special projects for funding. Districts will be notified immediately following approval or denial by the Commission.

 (d)  It is the goal of the Commission to require a project sponsor to provide a portion of the funding for special projects. The Commission may require the project sponsor to provide matching funds or in-kind services, at the Commission’s discretion. The Commission is authorized to provide up to 100% cost share for special projects.

 (e)  Funds may be reallocated at any time in the event a project cannot be completed or is abandoned for any reason.

   The provisions of this §  83.73 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.73 adopted February 24, 1984, effective January 6, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227132).

 Reporting requirements for this program element shall be completed in a manner consistent with §  83.38(b), (c)(2) and (f) (relating to reporting requirements).

   The provisions of this §  83.73a amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.73a adopted February 15, 2008, effective February 16, 2008, 38 Pa.B. 889.

 (a)  Reimbursement requirement and procedures for this program element shall be completed in a manner consistent with §  83.37(b) and (c) (relating to reimbursement requirements and procedures).

 (b)  Administrative expenses of the district such as district employees’ salaries which are defrayed through this subchapter, routine office rental or other routine overhead costs will not be reimbursable. Payment of these items is not includable in claims submitted to the Commission.

   The provisions of this §  83.74 amended under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.74 adopted February 24, 1984, effective January 6, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial pages (227132) to (227133).

 After receiving initial approval, districts shall provide additional information required by the Commission.

   The provisions of this §  83.75 amended under the Conservation District Law (3 P. S. § §  849—864) and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.75 adopted February 24, 1984, effective January 6, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227133).

   This section cited in 25 Pa. Code §  83.81 (relating to forfeiture).

FORFEITURE AND SPECIAL PROVISIONS

§ 83.81. Forfeiture.

 (a)  The Commission will reallocate funds previously approved by the Commission for a district, if that district fails to comply with this subchapter and other practices and procedures established by the Commission.

 (b)  A recipient of Conservation District Funding Allocation Program funds that fails to abide by § §  83.71—83.82 (relating to special projects funding program), shall be in default. In the event of a default, the Commission may cancel the special project agreement and reallocate the special project funds previously approved by the Commission.

   The provisions of this §  83.81 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

 The Commission may delegate authority to the PDA, the Department or other Commonwealth agency staff to act on its behalf.

   The provisions of this §  83.82 amended under the Conservation District Law (3 P. S. § §  849—864); and section 1920-A of The Administrative Code of 1929 (71 P. S. §  510-20).

   The provisions of this §  83.82 adopted February 24, 1984, effective January 6, 1984, 14 Pa.B. 657; amended June 23, 1995, effective June 24, 1995, 25 Pa.B. 2506; amended February 15, 2008, effective February 16, 2008, 38 Pa.B. 889. Immediately preceding text appears at serial page (227133).

   This section cited in 25 Pa. Code §  83.81 (relating to forfeiture).

Subchapter C. CHESAPEAKE BAY
NONPOINT SOURCE POLLUTION ABATEMENT
PROGRAM—STATEMENT OF POLICY

GENERAL

Sec.

§ 83.101. Purpose.

 (a)  The EPA and the Department have determined that excess levels of pollutants, including sediment, nitrogen and phosphorus, are delivered to the Chesapeake Bay via Elk Creek, Potomac River and the Susquehanna River systems. The pollutants result from improper agricultural activities, primarily poor farming methods, mismanaged animal wastes and other activities causing excess soil erosion and runoff. A nonpoint source pollution abatement program initiative by the Commonwealth requires a comprehensive program to encourage better land management practices within the agricultural community. The intention of the Commission is to:

   (1)  Promote these practices through a comprehensive program to demonstrate new land management techniques.

   (2)  Foster new land management attitudes.

   (3)  Furnish technical expertise.

   (4)  Provide financial assistance to landowners for the installation of BMPs to control nonpoint sources of pollution.

 (b)  The purpose of the Planning Assistance Funding Program is to:

   (1)  Provide financial assistance to districts, agencies and cooperating organizations to identify nonpoint pollution sources.

   (2)  Monitor water quality.

   (3)  Measure the runoff characteristics of watershed areas.

   (4)  Design treatment methods for sources of nonpoint pollution.

 (c)  The purpose of the Educational Assistance Funding Program is to provide financial assistance to districts, agencies and cooperating organizations to accelerate the adoption of and demonstrate the use of soil and water conservation management techniques through educational programs. The goal is to provide information to landowners and the public to foster the need for nutrient management, erosion control and water quality management.

 (d)  The purpose of the Technical Assistance Funding Program is to provide financial assistance to districts, agencies and cooperating organizations to provide technical planning and other assistance to accelerate the installation of BMPs for landowners for the proper disposal and application of nutrients on land areas that are responsible for nonpoint source pollution.

 (e)  The purpose of the Financial Assistance Funding Program is to assist landowners with the cost of the installation of BMPs. This cost-share program will be administered by the Commission cooperatively with the districts and the ASCS.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

   ASCS—Agricultural Stabilization and Conservation Service of the United States Department of Agriculture.

   Act—The Soil Conservation Law (35 P. S. § §  849—864).

   Agency—An agency of the Commonwealth and an agency of the United States as defined in the act.

   BMPs—Best management practices—Specialized practices designed to control erosion, to control runoff, to establish vegetation and to manage nutrient animal wastes and fertilizers. The term includes practices listed in the Statewide Plan for Agriculture and Earthmoving Activities or other practices approved by the Commission.

   Commission—The State Conservation Commission created by the act.

   Cooperating organization—An organization approved by the Commission to assist in implementing the act.

   Director—A member of the district board of directors as defined in the act.

   District—A conservation district as defined in the act.

   Landowner—A natural person who holds fee title to the land or who holds an equitable interest arising from an agreement of sale with the fee title holder.

   Nutrient management program—A system of BMPs to prevent the pollution of surface waters and groundwaters by addressing the most critical farm nutrient problems through measures to manage fertilizers and animal wastes and to reduce soil erosion.

   Program area—The land surface area within the Chesapeake Bay drainage basin.

   Project area—A designated area where critical nonpoint source pollution problems have been identified or quantified.

   SCS—The Soil Conservation Service of the United States Department of Agriculture.

   Statewide Plan for Agriculture and Earthmoving Activities—The comprehensive water quality management plan developed under §  91.31 (relating to comprehensive water quality management) and published as a notice at 9 Pa.B. 3248 (September 22, 1979).)

   The provisions of this §  83.102 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; corrected May 13, 1994, effective February 10, 1990, 24 Pa.B. 2529; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189751) to (189752).

 (a)  The Commission will encourage cooperation between agencies and organizations which have either direct or indirect involvement in the program to achieve the objectives to reduce nonpoint source pollution.

 (b)  Nondistrict project sponsors will work closely with the appropriate districts to promote local awareness of the projects.

 (a)  Cost-share rates will be determined annually by the Commission for the Technical Assistance Funding Program under §  83.131(e) (relating to general requirements).

 (b)  Public notice of the action listed in subsection (a) will be published in the Pennsylvania Bulletin.

   The provisions of this §  83.104 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; corrected May 13, 1994, effective February 10, 1990, 24 Pa.B. 2529; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189753).

PLANNING ASSISTANCE FUNDING PROGRAM

§ 83.111. General requirements.

 (a)  The program is known as the Planning Assistance Funding Program (Program).

 (b)  Funds allocated under the Program shall be utilized solely for implementing the planning assistance funding program established by the Commission.

 (c)  Eligibility for this Program will be limited to the program area as defined under §  83.102 (relating to definitions).

 (d)  Funding for a year’s Program may be designated by the Commission for specific uses including watershed monitoring, watershed modeling, assessments of potential critical areas and related planning activities. Funding may be made available to districts, agencies and cooperating organizations eligible to participate in this Program.

 (e)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement will be the property of the Commonwealth unless otherwise determined by the agreement.

 (a)  An application for available funds shall be in writing on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing of applications.

 (b)  An application shall describe the problem (why the project is required), purpose and objectives, methods and procedure, summary of requirements—for example, projected completion dates, required personnel, special services, physical resources and estimated costs—and projected completion date for report of results.

 (c)  The Commission will execute an agreement with an approved applicant including the terms and conditions for completing work and a budget for submitting reimbursement claims. Reimbursable costs incurred by the applicant will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Planning Assistance Funding Program.

 (b)  The Commission will give priority to watersheds and other areas that the Commission determines are high priority based on studies and surveys.

 (c)  The Commission may reallocate funds if an authorized project cannot be completed or is abandoned.

 (a)  Project sponsors shall report program accomplishments in a manner prescribed in the agreement.

 (b)  Claims for reimbursement shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show the utilization of funds in accordance with the budget outlined in the agreement.

 (c)  The Commission reserves the right to audit Federal and State project related accounts and records to determine if funds were expended in conformance with the agreement.

 (d)  Records shall be retained for 3 years following the last payment from the Commission.

 (e)  A project sponsor shall maintain a separate accounting system for funds received under the Planning Assistance Funding Program.

 (a)  The Commission will not process a project or program claim for reimbursement until all reports related to the project or program claim are received in the Commission’s office.

 (b)  The Commission will not process a final claim for reimbursement under the agreement until the conditions of the agreement have been met and are acceptable to the Commission.

 (c)  Claims for reimbursement shall be filed with the Commission within 15 days of dates prescribed in the agreement showing the utilization of funds in accordance with the budget outlined in the agreement.

 (d)  Acceptable reimbursement claims submitted in compliance with subsections (a)—(c) will be forwarded by the Commission to the comptroller for payment within 15 working days after the claim is received in the Commission office.

   The provisions of this §  83.115 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189755).

EDUCATIONAL ASSISTANCE FUNDING PROGRAM

§ 83.121. General requirements.

 (a)  This program is known as the Educational Assistance Funding Program (Program).

 (b)  Funds allocated under this Program shall be utilized solely for implementing the educational assistance funding program established by the Commission.

 (c)  Eligibility for this Program will be limited to the program area as defined under §  83.102 (relating to definitions).

 (d)  Funding for a year’s Program may be designed by the Commission for demonstration projects and educational activities related to nonpoint source pollution control. Funding may be made available to districts, agencies and cooperating organizations.

 (e)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement shall be the property of the Commonwealth unless otherwise determined by the agreement.

 (a)  An application for available funds shall be in writing and made on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing applications.

 (b)  An application shall describe the problem (why the project is required), purpose and objectives, methods and procedure, summary of requirements—for example, projected completion dates, required personnel, special services, physical resources and estimated costs—and projected completion date for report of results.

 (c)  The Commission will execute an agreement with an approved applicant including the terms and conditions for completing work and a budget for submitting reimbursement claims. Reimbursable costs incurred by the applicant will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Educational Assistance Funding Program.

 (b)  The Commission will give priority to an applicant who can demonstrate the institutional and financial capabilities to undertake the project in a timely fashion and for projects with the most potential for transference to other areas experiencing similar problems.

 (c)  The Commission may reallocate funds if the project or program component cannot be completed or is abandoned.

 (a)  A project sponsor shall report program accomplishments in a manner prescribed in the agreement.

 (b)  Claims for reimbursement shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show the utilization of funds in accordance with the budget outlined in the agreement.

 (c)  The Commission reserves the right to audit Federal and State related accounts and records to determine if funds were expended in conformance with the agreement.

 (d)  Records shall be retained for 3 years following last payment from the Commission.

 (e)  A project sponsor shall maintain a separate accounting system for funds received under the Educational Assistance Funding Program.

 (a)  The Commission will not process a program claim for reimbursement until all reports related to the program claim are received in the Commission’s office.

 (b)  The Commission will not process a final claim for reimbursement under the agreement until the conditions of the agreement have been met and are acceptable to the Commission.

 (c)  Claims for reimbursement shall be filed with the Commission within 15 days of dates prescribed in the agreement showing the utilization of funds in accordance with the approved budget.

 (d)  Acceptable reimbursement claims submitted in compliance with subsections (a)—(c) will be forwarded by the Commission to the comptroller for payment within 15 working days after the claim is received in the Commission office.

   The provisions of this §  83.125 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189757).

TECHNICAL ASSISTANCE FUNDING PROGRAM

§ 83.131. General requirements.

 (a)  This program is known as the Technical Assistance Funding Program (Program).

 (b)  Funds allocated under this Program shall be utilized solely for implementing the Program established by the Commission.

 (c)  Funds allocated to districts or others shall be utilized only to employ technical personnel, obtain technical services or to acquire technical equipment and supplies, for the purpose of implementing the Program.

 (d)  Technical personnel shall be the employes of the district, agency and cooperating organizations, and not the employes of the Commission or Department. A technical person employed under this funding program by a district shall receive general supervision from a district director or an employe of the district designated by the board of directors.

 (e)  The Commission will pay the cost of employment for the technical personnel at a cost-share rate to be determined by the Commission. The rate established may not be exceeded even when a technical person is employed by more than one district. The total cost of employment shall include salary and salary-related expenses such as social security, worker’s compensation, health plans and retirement.

 (f)  Not more than one technical position may be cost-shared per district under this Program unless the Commission determines that adequate funds are available and sufficient technical needs exist within the district for additional technical personnel.

 (g)  Technical personnel funded to agencies and cooperating organizations other than districts shall be the employes of those agencies and cooperating organizations under the terms and conditions agreed to between the Commission and the agencies and cooperating organizations.

 (h)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement shall be the property of the Commonwealth unless otherwise determined by the agreement.

 (i)  Eligibility for this Program is limited to the Program area as defined under §  83.102 (relating to definitions).

   The provisions of this §  83.131 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189758).

 (a)  An application for available funds shall be in writing on forms furnished by the Commission. An application shall be received by the deadline established by the Commission for filing the applications.

 (b)  An application shall describe the problem (why the project is required), purpose and objectives, methods and procedure, summary of requirements—for example, projected completion dates, required personnel, including time allotted for expected work tasks, special services, physical resources and estimated costs—and projected completion date for report of results.

 (c)  The Commission will execute an agreement with an approved applicant including the terms and conditions for completing work and a budget for submitting reimbursement claims or request for advance payments. Eligible costs incurred by the applicant will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Technical Assistance Funding Program.

 (b)  Priority for funding may be given to project areas if no other technicians have been funded by other Commission programs.

 (c)  The Commission may reallocate funds if an agreement cannot be fulfilled by the district, agency and cooperating organization.

 (a)  Project sponsors shall report program accomplishments to the Commission in a manner prescribed in the agreement.

 (b)  Claims for reimbursement or requests for advance payments shall be submitted to the Commission in accordance with the schedule outlined in the agreement. The claims shall show the utilization of funds. Advance payments will be based on demonstrated need in accordance with the budget outlined in the agreement.

 (c)  The Commission reserves the right to audit Federal and State project related accounts and records to determine if funds are expended in conformance with the agreement.

 (d)  Records shall be retained for 3 years following the last payment from the Commission.

 (e)  A project sponsor shall maintain a separate accounting system for funds received under the Technical Assistance Funding Program.

 (a)  The Commission will not process a program claim for reimbursement or request for advance payment until all reports related to the program are received in the Commission’s office.

 (b)  The Commission will not process a final claim for reimbursement under the agreement until the conditions of the agreement have been met and are acceptable to the Commission. No advancement of funds will be made until final approval of the previous quarterly report of expenditures is given by the Department.

 (c)  Claims for reimbursement or requests for advance funds shall be filed with the Commission within 15 days of the date prescribed in the agreement showing the utilization of funds in accordance with the approved budget.

 (d)  Acceptable reimbursement claims or requests for advance funds submitted in compliance with subsections (a)—(c) will be forwarded by the Commission to the comptroller for payment within 15 working days after the claim or request is received in the Commission office.

   The provisions of this §  83.135 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987; amended March 21, 1997, effective March 22, 1997, 27 Pa.B. 1472. Immediately preceding text appears at serial page (194050).

FINANCIAL ASSISTANCE FUNDING PROGRAM

§ 83.141. General requirements.

 (a)  This program is known as the Financial Assistance Funding Program (Program).

 (b)  Eligibility for this Program is limited to the program area. Funding may be designated by the Commission to specific areas of high priority based upon detailed watershed assessments and landowners surveys or district prioritization of landowners for Program participation on forms provided by the Commission. Eligible landowners shall become cooperators with the district within an approved watershed and shall consent to the development of a nutrient management program.

 (c)  BMPs eligible for cost sharing shall be nutrient management measures and associated erosion and water control measures necessary to provide a nutrient management program. Approved practices shall be from the list of BMPs approved by the Commission. A nutrient management system may consist of a single practice or several practices installed over more than 1 year. BMPs will be cost shared on a one-time basis except for soil and manure testing analysis. Certain failed BMPs may be cost shared more than one time at the discretion of the Commission.

 (d)  Technical equipment and nonexpendable supplies purchased by districts, agencies and cooperating organizations under the agreement shall be the property of the Commonwealth unless otherwise determined by the agreement.

 (a)  The distribution of cost-share funds shall be based on the best available information and knowledge of potential agriculture-related pollution. This information may be developed by surveys, studies or sampling of field conditions by the Commission or by districts or by data supplied by cooperating Federal and State agencies.

 (b)  The Commission will execute an agreement with a participating district specifying the terms and conditions for receiving and distributing cost-share funds, including advance payments, if requested, and a schedule of reporting progress on installing BMPs. Allowable reimbursable items for administering the program by the district will include those items determined by the Department to be necessary to carry out the agreement.

 (a)  The Commission will determine the amount of funds available for funding under the Financial Assistance Funding Program.

 (b)  An allocation will be made to districts based on criteria established by the Commission including the following:

   (1)  Uncommitted cost share funds already available within the district.

   (2)  Cost share funds within the district remaining to be spent.

   (3)  Landowner interest in the program.

 (c)  The Commission may reallocate funds if a district cannot commit allocated funds within the term of the agreement.

   The provisions of this §  83.143 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189761) to (189762).

 (a)  The Department may advance funds on a quarterly basis to a district for the purpose of providing the State’s share for installation of BMPs.

 (b)  Advanced payments will be based on demonstrated need as documented on Commission-provided forms not to exceed the allocations developed in §  83.143(b) (relating to procedures for allocating funds).

 (c)  Payments will include administrative costs of the district as determined by the Department necessary for the administration of the Financial Assistance Funding Program. Payments for administrative costs shall be limited to 10% of the total allocation. The 10% will be added to the allocation to districts for providing administrative support to carry out the Financial Assistance Funding Program.

 (d)  No advancement of funds will be made until final approval is made by the Department of the previous quarterly report of expenditures.

   The provisions of this §  83.144 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; corrected May 13, 1994, effective February 10, 1990, 24 Pa.B. 2529; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial page (189762).

 (a)  The district is encouraged to enter into an agreement with the county committee of the ASCS to outline the tasks and responsibilities of a party to effectively administer State cost-share funds consistent with the Agricultural Nonpoint Source Abatement Program for the Chesapeake Bay and to maximize the use of State and Federal funds.

 (b)  The district is encouraged to develop a fair and open project selection process that includes sign-up periods as necessary to receive requests for BMP installation from eligible landowners. Special efforts will be made to enlist the cooperation of landowners with identified critical problems. Landowner applications shall be prioritized for project selection based on criteria established by the Commission. Criteria established by the Commission shall include: the existence of identified water quality problems from agricultural nonpoint sources; high potential for pollution on the farm; and probability that significant reductions in nutrients can be achieved through the implementation of acceptable BMPs. A district may utilize its own prioritization form provided it addresses the criteria established by the Commission.

 (c)  The format of supplemental agreements between the districts and ASCS and between the districts and landowners shall be appoved by the Commission.

 (d)  Technical responsibilities for needs determination, practice design and layout are assigned to the district. The district should utilize the technical services of the SCS, Cooperative Extension Service or other cooperating Federal and State agencies in developing this information where available.

 (e)  BMP completion will be certified for landowners by the designated technical agency.

 (f)  Upon proper determination of practice completion, including copies of appropriate invoices for materials, supplies and labor, as required by the Commission, the district will disperse cost-share funds to eligible landowners. Reimbursement shall be paid from amounts advanced quarterly by the Commission for this purpose and may exceed except as provided in §  83.148 (relating to additional funding for failed BMPs) neither a maximum of 80% total combined State and Federal funding from all sources for each practice nor a total of $30,000 Financial Assistance Funding Program State funding per landowner. Reimbursement shall be made by districts to landowners within 30 days following receipt of accurate documentation that shows appropriate receipts, completion certification and technical certification, if necessary, that BMPs have been installed according to specification.

 (g)  The district shall conduct an annual audit of programs in accordance with section 2(a)(7) of the Single Audit Act of 1984 (31 U.S.C.A. §  7501(7)).

 (h)  The district shall adhere to the ‘‘Administrative Manual for the PA Chesapeake Program’’ developed by the Department to provide uniformity and consistency in the administration of the program.

   The provisions of this §  83.145 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended September 29, 1989, effective July 5, 1989, 19 Pa.B. 4220; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189762) to (189763).

 (a)  An agreement is required between a district and a landowner.

 (b)  An agreement shall provide that if the landowner does not implement and maintain the nutrient management program as planned, the landowner shall refund to the district at the discretion of the district, all or a portion of Financial Assistance Funding Program State cost-share monies already earned under the agreement. Refunds are not required following the destruction or discontinuance of a BMP or combination of BMPs caused by one of the following:

   (1)  An act of God or other conditions beyond the landowner’s control.

   (2)  A change in land use if the landowner installs and maintains another BMP or combination of BMPs that provide comparable nutrient-erosion control benefits for the same area previously served by the cost-shared practice.

 (c)  The term of the agreement shall cover the life of BMPs implemented under the agreement.

 (d)  The landowner may request Commission review of a determination by a district under this section.

   The provisions of this §  83.146 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189763) to (189764).

 (a)  The district shall report program accomplishments quarterly to the Commission on prescribed forms. Copies of cost verification forms used to reimburse landowners for BMP installation shall be forwarded to the Commission showing the utilization of advanced payments. This district shall include an itemized accounting of administrative costs claimed under §  83.144(c) (relating to payments).

 (b)  The district shall maintain a separate accounting system for funds received under the Financial Assistance Funding Program. Districts shall deposit advanced funds in a Federally insured interest bearing account. Interest earnings from the account shall be applied only to the Chesapeake Bay Program or returned to the Commonwealth.

 (c)  The Commission reserves the right to audit Federal and State related accounts.

 (d)  Records shall be retained by districts for 3 years beyond the district’s participation in the Financial Assistance Funding Program.

 (a)  The Commission may disperse additional Financial Assistance Funding Program funds in excess of the $30,000 per landowner State fund limit set forth in §  83.145(f) (relating to district responsibilities).

 (b)  The additional funds shall be used solely for the correction of BMPs that fail to perform as intended due to design errors or other errors in judgment by district engineers, district technicians, SCS engineers or SCS technicians while overseeing the construction of a BMP. The Commission may fund up to 100% of the costs to reconstruct or repair the BMP, whichever is less. The Commission will not fund the repair or reconstruction of a failed BMP caused by experimental or nonstandard design or construction.

 (c)  The Department will appoint a fact-finding team comprised of representatives of SCS, the Department and the affected district to investigate and determine the reason for failure of a BMP and its eligibility for additional funding for appropriate corrective measures.

 (d)  The Commission will prep