Pennsylvania Code
Title 7 - AGRICULTURE
Part V-C - Farmland and Forest Land
Chapter 138e - AGRICULTURAL CONSERVATION EASEMENT PURCHASE PROGRAM
ALLOCATION OF FUNDS
Section 138e.102 - Allocation of funds to counties

Universal Citation: 7 PA Code ยง 138e.102

Current through Register Vol. 54, No. 12, March 23, 2024

(a) On or before March 1 of each year in which money is available from the Fund, the State Board shall determine and announce an allocation of grant funds and State matching funds to eligible counties.

(b) An allocation of grant funds shall be made to all eligible counties.

(c) Grant funds allocated to an eligible county will be available to be expended or encumbered for easement purchases for 2 consecutive county fiscal years, commencing with the county fiscal year within which the allocation is made.

(d) A county that wishes to participate in the allocation of State matching funds shall:

(1) Appropriate county matching funds to be used exclusively for the purchase of easements.

(2) Submit to the State Board a certified copy of the resolution or other action of the county governing body appropriating county matching funds to be used exclusively for the purchase of easements.
(i) The certified resolution or other action shall be executed by the chief fiscal officer of the county and an authorized official of the county governing body.

(ii) The certified resolution or other action shall be in a form provided by the State Board.

(iii) The certified resolution or other action shall be received by the State Board by January 31 to be considered for an allocation of State matching funds for the year.

(iv) County matching fund appropriations shall be available for the same 2-consecutive-county-fiscal-year period during which grant funds allocated under subsection (c) are available to be expended or encumbered.

(e) State matching funds allocated to an eligible county will be available to be expended or encumbered for easement purchases if the expenditure or encumbrance occurs during the county fiscal year for which the allocation is initially made and for the following county fiscal year.

(f) Allocations will be made on an annual basis, concurrent with the calendar year beginning January 1.

(g) Funds allocated for easement purchases shall be expended or encumbered within the period in subsections (c) and (e). Funds shall be considered encumbered when the county board has submitted to the Department an application to purchase an easement on a specific farm for a specific amount of money expressed on a per acre basis or expressed as a total price based on the acreage contained in the deed of record. The application shall include all of the documents required by § 138e.91 (relating to application for review), except that multiple copies of the summary report and the final legal description are not required. Minor corrections may be made to the application as part of the review and comment process conducted by the Department without affecting the encumbrance of the funds.

(h) Grant funds that have not been expended or encumbered within the period specified in subsection (c) shall be restored to the Fund.

(i) State matching funds that have not been expended or encumbered within the period specified in subsection (e) shall be restored to the Fund.

This section cited in 7 Pa. Code § 138e.103 (relating to expenditure of matching funds).

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