Current through Register Vol. 54, No. 45, November 9, 2024
Section 138e.103 - Expenditure of matching funds(a) State matching funds may be expended in a county only upon the recommendation of the county board.(b) A county board that recommends the expenditure of State matching funds for the purchase of a specific easement shall state the amount of county matching funds that will be used for the purchase of the easement.(c) County matching funds shall be expended within the periods specified in § 138e.102(e) (relating to allocation of funds to counties).(d) An easement purchased using solely county funds will be considered an expenditure of county matching funds under section 14.1(h)(3), (4) and (5)(i) of the act (3 P. S. § 914.1(h)(3), (4) and (5)(i)) if:(1) The easement document recorded in the land records of the county in which the farmland tract is located contains the provisions in § 138e.241 (relating to deed clauses) and any more restrictive provisions required under the county program.(2) Upon settlement of the purchase of an easement, the county board submits the following to the State Board:(i) A copy of the complete and fully-executed deed of agricultural conservation easement, including the complete legal description of the land subject to the agricultural conservation easement.(ii) A copy of the production report with respect to the farmland tract, if the report is required under § 138e.61(e) (relating to application).(iii) A statement describing the nature and scope of compliance with the conservation plan for the farmland tract.(iv) The date of approval of the conservation plan, a copy of the conservation plan and a copy of the executed conservation plan agreement as described in § 138e.222 (relating to conservation plan).(v) A completed Soil Report Form "C" (a form provided by the Department), both pages. See Appendix B (relating to Form C Soils Report).(vi) A current United States Geological Survey (USGS) topographical map that clearly and legibly shows the subject property location and boundaries, location of neighboring easements and exclusions withheld from the subject property.(vii) A statement of costs, as described in § 138e.69 (relating to statement of costs).(viii) An invoice as described in § 138e.93(d)(1)(vi) (relating to postsettlement recording and reporting procedures).(e) An easement purchased using solely county funds shall be considered an expenditure of county matching funds unless the State Board notifies the county board in writing within 60 days of receipt of the documentation required by subsection (d)(2) that the purchase will not be considered an expenditure of county matching funds and the reasons for the determination.(f) If the State Board notifies the county board that the purchase will not be considered an expenditure of county matching funds, the county board shall have 60 days to resubmit documentation. Upon resubmittal of documentation, the State Board shall determine whether the purchase meets the requirements of subsection (d). The county board shall be notified of the State Board's determination within 60 days of the resubmittal.The provisions of this §138e.103 amended December 26, 1997, effective 12/27/1997, 27 Pa.B. 6782; amended April 30, 2004, effective 5/1/2004, 34 Pa.B. 2421.