STATEMENTS OF POLICY
STATE CONSERVATION COMMISSION
[25 PA. CODE CH. 83]
Nutrient Management Rules and Regulations
[37 Pa.B. 2609]
[Saturday, June 9, 2007]The State Conservation Commission (SCC) is proposing to amend Chapter 83, Subchapter B, Conservation District Fund Allocation Program--Statement of Policy (CDFAP SOP).
In July 2006, Senate Bill 1224 was signed into law creating authorization for a new Conservation District Fund. This legislation amended the existing Conservation District Law and directed the State Conservation Commission (SCC), in cooperation with the Department of Environmental Protection (DEP) and the Pennsylvania Department of Agriculture (PDA), to create a new special nonlapsing fund (The Conservation District Fund). Under this legislation, the SCC was specifically authorized to establish procedures for advanced payments to county conservation districts and to provide funding for activities necessary to meet the requirements of the Conservation District Law.
The SCC's CDFAP SOP guides the distribution of specific funds from DEP and PDA for transfer to county conservation districts. It is the vehicle through which the SCC disburses funds to districts for conservation district manager's cost-share, technical assistance cost-share, administrative assistance and other special project funds.
The SCC intends to amend its current published CDFAP SOP to incorporate changes necessary to implement the provisions of the Conservation District Fund legislation.
Contact Persons
For further information contact Karl G. Brown, Executive Secretary, State Conservation Commission, 2301 N. Cameron St., Room 407, Harrisburg, PA 17110, (717) 787-8821. Persons with a disability may use the AT&T Relay Service, (800) 654-5988 (voice users).
Proposed Statement of Policy
Copies of the proposed statement of policy may be obtained from Amy Smith, State Conservation Commission, 2301 N. Cameron St., Room 407, Harrisburg, PA 17110, (717) 787-8821, or by e-mail at ra-scc@state.pa.us. This proposal is also available electronically through the Department of Environmental Protection's website at www.depweb.state.pa.us, (Select: ''Public Participation, Proposals Open for Comment, 2007'').
Summary of Amendments
General Provisions § 83.31. Purpose.
The Commission proposes numerous additions to better describe the purpose of the CDFAP SOP and the new nonlapsing ''Conservation District Fund.'' The Commission proposes to delete the list of program funding priorities.
§ 83.32. Definitions.
The Commission proposes adding definitions for the Agricultural Conservation Technical Assistance Program, Agricultural Area Security Law, Conservation District Management Staff, Cooperating Organization, Erosion and Sediment Control Program, National Pollutant Discharge Elimination System Permitting Program and the PDA. The Commission also proposes adding ''and engineer'' to the ''Conservation district technician'' definition.
§ 83.33. Eligible expenses.
This is a new section consolidating eligible expenses from the existing CDFAP SOP sections. Additional salary-related expenses that may be reimbursed are also proposed in this section.
§ 83.34. Application procedures.
This is a new section consolidating application procedures from existing CDFAP SOP sections.
§ 83.35. Procedures for allocating funds.
This is a new section describing how funds will generally be allocated to conservation districts and general restrictions that may be imposed based on the intent of the funding.
§ 83.36. Procedures for advance payments.
This is a new section describing how advance payments to conservation districts for manager and technical cost-share and administrative assistance will be determined.
§ 83.37. Reimbursement requirements and procedures.
This is a new section consolidating reimbursement requirements and procedures from existing CDFAP SOP sections. This section also defines what reports and documents are required by the Commission and the due date for each. Sanctions for missing a due date are also defined in this section.
§ 83.38. Reporting requirements.
This is a new section consolidating reporting requirements from existing CDFAP SOP sections. This section also requires the conservation district to use the Conservation District E-commerce System for submission of forms and reports to the greatest extent possible.
§ 83.39. Record retention requirements.
This is a new section consolidating record retention requirements from existing CDFAP SOP sections and adding the following:
(b) Any conservation district receiving funds under any program element under this subchapter shall maintain in accordance with generally accepted accounting principles all 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, DEP, or their agents upon request.
Conservation District Management Cost Share Program § 83.41. General requirements.
The Commission proposes to delete the local funding requirement for the manager's cost share program and delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.42. Application procedures.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.43. Reporting requirements.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.44. Reimbursement procedures.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.45. Procedures for allocating funds.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
The Commission proposes to use current and anticipated salary and salary related costs to determine the conservation district management staff's cost-share. Currently the salary and salary related costs from the previous fiscal year are used.
§ 83.46. Record retention requirements.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
Administrative Assistance Funding Program § 83.51. General requirements and eligibility.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
The Commission proposes to add the ability to compensate conservation districts for the administrative work they provide to their local agricultural land preservation boards without the need for a special projects agreement.
§ 83.52. Procedures for allocating funds.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
The Commission proposes moving subsections (a) and (b) from § 83.53 and including them in this section as paragraphs (1) and (3) and adding a paragraph (2).
(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 where 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 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.§ 83.53. Application procedures for reimbursement.
The Commission proposes to delete the duplicate information that is proposed for § 83.52 and add new language.
§ 83.54. Reimbursement procedures.
The Commission proposes to add the ability to reimburse for extraordinary travel and administrative expenses twice a year at the Commission's discretion.
§ 83.55. Reporting procedures.
The Commission proposes to add the current reporting requirement of the annual financial audit to the SOP. The Commission also proposes that 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.
Technical Assistance Cost Share Program § 83.61. General requirements.
There are numerous additions proposed to this section describing the Agricultural Conservation Technical Assistance Cost Share Program and the cost share for agricultural technicians and engineers.
The Commission also proposes language to better describe the certifications that will be recognized for conservation district technicians and the deletion of the local funding requirement for the district technician and engineer cost share program.
§ 83.62. Application procedures.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.63. Reporting requirements.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.64. Procedures for allocating funds.
The Commission proposes to use current and anticipated salary and salary-related costs to determine the conservation district technician and engineer's cost-share. Currently the salary and salary-related costs from the previous fiscal year are used.
§ 83.65. Reimbursement procedures.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
§ 83.66. Special requirements.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
Special Projects Funding Program § 83.73. Procedures for allocating funds.
The Commission proposes to delete the reference to maintaining a reserve fund for special projects. Due to the creation of the nonlapsing Conservation District Fund, there is no longer a need for this ability.
§ 83.74. Reporting requirements.
The Commission proposes to delete the duplicate information that is proposed for consolidation in the General Provisions section.
Forfeiture and Special Provisions § 83.81. Forfeiture.
The Commission proposes consolidation of language and additional language to clarify how funds will be handled in case of forfeiture.
§ 83.82. Special provisions.
The Commission proposes to expand its ability to delegate its authority to additional Commonwealth departments and staff.
Written Comments:
Written comments, suggestions or objections regarding the proposed amendments may be sent to Karl G. Brown, Executive Secretary, State Conservation Commission, 2301 N. Cameron St., Room 407, Harrisburg, PA 17110. Comments submitted by facsimile will not be accepted; however, the Commission will accept comments submitted by e-mail. Electronic comments may be submitted to ra-scc@state.pa.us. A subject heading of the proposal and return name and address must be included in each e-mail transmission. Comments must be received by July 9, 2007.
Public Meetings and Public Hearings:
No public meetings or public hearings are scheduled for this proposed statement of policy.
KATHLEEN A. MCGINTY,
Chairperson
[Pa.B. Doc. No. 07-1009. Filed for public inspection June 8, 2007, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
