NOTICES
Land Trust Reimbursement Grant Program
[30 Pa.B. 5546] The Department of Agriculture (Department) published the procedures and standards for the Land Trust Reimbursement Grant Program (Program) at 29 Pa.B. 6342 (December 18, 1999). In summary, these standards and procedures restate the self-executing language set forth in section 1716(a)(3) of The Administrative Code of 1929 (71 P. S. § 456(a)(3)).
The Program is a pilot program, and is funded by a $500,000 allocation from the State Agricultural Land Preservation Board (State Board). The Program allows for the awarding of reimbursement grants to qualified land trusts. A grant can reimburse a qualified land trust up to $5,000 of the expenses it incurs in acquiring an ''agricultural conservation easement,'' as that term is defined in the Agricultural Area Security Law (3 P. S. §§ 901--915). These expenses include appraisal costs, legal services, title searches, document preparation, title insurance, closing fees and survey costs.
Since the Program has been in effect, a number of qualified land trusts have suggested the standards and procedures be revised to allow for the reimbursement of expenses relating to the acquisition of agricultural conservation easements that do not--by themselves--meet the minimum size (acreage) requirements for agricultural conservation easement purchase, but that adjoin land that is already subject to an agricultural conservation easement.
To date, only a relatively small portion of the $500,000 allocated to the Program by the State Board has been expended. The Department is inclined to accept the suggestion offered by the qualified land trusts, and expand the eligibility requirements for reimbursement grants under the Program. This revision: (1) is consistent with the statutory authority for the Program; (2) is consistent with the definition of ''agricultural conservation easement'' in section 3 of the Agricultural Area Security Law (at 3 P. S. § 903); and (3) is expected to increase the rate at which Program funds will be spent to reimburse these qualified land trusts for a portion of their costs in acquiring agricultural conservation easements.
The Department hereby rescinds Section 8 of the terms and conditions of the Program (published at 29 Pa.B. 6342) in its entirety and replaces that section with the following:
8. State Board Review. The State Board will review any complete, timely application for a reimbursement grant within 60 days of receipt. PDA shall stamp or otherwise identify each complete reimbursement grant application to record the date and the order in which these applications are received. The State Board will consider reimbursement grant applications in the order they are received. The State Board may not approve a reimbursement grant application unless all of the following criteria are met:a. The application meets the requirements of 71 P. S. § 456.b. The land use restrictions imposed under the deed of agricultural conservation easement are comparable to restrictions imposed under a deed of agricultural conservation easement acquired in accordance with the Agricultural Area Security Law.c. The land subject to the agricultural conservation easement is within an agricultural security area of 500 or more acres.d. One or more of the following is true of the land:i. The land is comprised of at least 50 contiguous acres, contains at least 50% of soils which are both available for agricultural production and of land capability classes I-IV, as defined by the USDA-NRCS, and contains at least 50% harvested cropland, pasture or grazing land; orii. The land is of any acreage but adjoins land that is either currently subject to an agricultural conservation easement purchased under authority of the Agricultural Area Security Law or adjoins land that has been approved by the State Board for agricultural conservation easement purchase under authority of the Agricultural Area Security Law, such that--in the aggregate--the land and the restricted land it adjoins comprise at least 50 contiguous acres; oriii. Is comprised of 10 or more acres, and adjoins land that is both comprised of 10 or more acres and subject to an agricultural conservation easement held by a ''qualified conservation organization,'' as that term is defined in section 170(h)(3) of the Internal Revenue Code (26 U.S.C.A. § 170(h)(3)).e. There are sufficient unencumbered funds available to fund the reimbursement grant amount sought in the reimbursement grant application.Further information may be obtained by contacting the Pennsylvania Department of Agriculture, Attn: Raymond C. Pickering, Director, Bureau of Farmland Preservation, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 783-3167.
SAMUEL E. HAYES, Jr.,
Secretary
[Pa.B. Doc. No. 00-1861. Filed for public inspection October 27, 2000, 9:00 a.m.]
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