DEPARTMENT OF AGRICULTURE [7 PA. CODE CH. 130d] Nutrient Management Education Grant Program [28 Pa.B. 4923] The Department of Agriculture (Department), Bureau of Plant Industry (Bureau) in consultation with the State Conservation Commission (Commission) and under the specific authority conferred by section 4 of the Nutrient Management Act (act) (3 P. S. § 1704), proposes to establish Chapter 130d (relating to nutrient management education grant program) instituting regulations relating to the Nutrient Management Education Grant Program (NMEGP). The act bestows upon the Commission the power and duty to regulate, administer and enforce specific areas of the act and grants the Commission the power to delegate the administrative and enforcement authority to certain county conservation districts. (3 P. S. § 1704). Section 4(5) of the act (3 P. S. § 1704(5)), directs the Commission to ''. . . develop and implement, in cooperation with the Department of Agriculture, the board, the Cooperative Extension Service and conservation districts, a program to provide education and technical assistance to the agricultural community . . .'' Under this requirement, the Commission has entered into a Memorandum of Understanding with the Department which, along with other terms and conditions, grants the Department the authority to develop and administer programs such as the NMEGP.
The proposed regulations will delineate the objectives of the NMEGP and the general conditions for obtaining a Nutrient Management Education Grant. In addition, the proposed regulations will establish guidelines for submission, processing and review of NMEGP applications, notification and recordkeeping requirements and enforcement mechanisms.
Background
These proposed regulations are intended to establish guidelines and standardize procedures for the awarding and tracking of Nutrient Management Educational Grants. The purpose of the NMEGP is to provide conservation districts with funds to be used for projects which increase the knowledge and awareness of the act and to assist those who are engaged in production agriculture to comply with the act. The NMEGP was developed by the Department and adopted by the Commission, under section 503(d)(3) of the Conservation and Natural Resources Act (71 P. S. § 1340.503(d)(3)) which directs the Department to ''. . . coordinate and assist in the development, implementation and enforcement of programs adopted by the State Conservation Commission that solely affect production agriculture'' and to ''. . . develop programs to assist those engaged in production agriculture to comply with the Nutrient Management Act and to act as ombudsman to help resolve issues related to county conservation districts implementation of State Conservation Commission programs solely affecting production agriculture.'' Implementation of the NMEGP is also in accordance with section 2(2) of the act (3 P. S. § 1702(2)), which directs the Commission to develop and implement educational and outreach programs in conjunction with the Coopera-tive Extension Service of the Pennsylvania State University, the Department and the conservation districts.
The NMEGP was first developed and implemented by the Department in 1996. The Department had funds available in its budget for agency staffing to coordinate and assist in the development, implementation and enforcement of programs adopted by the Commission. Having the funds available, the Department endeavored to develop a cost-effective educational program which would comply with the statutory requirements of the act and section 503(d)(3) of the Conservation and Natural Resources Act. The NMEGP has been administered through individual contracts with the conservation districts and a memorandum to the comptroller's office, which delineated the purpose of the NMEGP, the eligibility criteria for grants under the NMEGP, the maximum amount of the grants, the reporting requirements and the application process for grants under the NMEGP.
The core concept of the NMEGP was to provide the maximum educational outreach at the minimum costs. The NMEGP was successful in providing educational and technical assistance to the agriculture community and in disseminating information to assist those engaged in production agriculture to comply with the act. As such, the NMEGP has become a very important component in assuring the success of the act. Therefore, in the interest of continuing to carry out its statutory duties and promoting the development of environmentally sound agricultural practices and plan development, the Department has promulgated these proposed regulations and formalized agreements with the conservation districts. This proposed regulations are intended to establish reasonable guidelines, standards, criteria and procedures for the administration and implementation of the NMEGP.
The major features of the proposed regulations are summarized as follows:
Summary of Major Features
Subchapter A. General Provisions
Proposed § 130d.1 (relating to authority) sets forth the authority under which the Department proposes to establish this chapter.
Proposed § 130d.2 (relating to objectives) states the overall objectives and purpose of the NMEGP.
Proposed § 130d.3 (relating to definitions) sets forth the proposed words and terms to be defined.
Proposed § 130d.4 (relating to funding) establishes the availability of and criteria for Nutrient Management Education Grant funding.
Proposed § 130d.5 (relating to records) establishes the proposed recordkeeping requirements for grant recipients.
Subchapter B. Grant Program
Proposed § 130d.11 (relating to general conditions) sets forth the general requirements for submission of grant proposals. This section also contains default procedures, verification requirements and establishes the Department's right to demand the return of grant funds for failure to verify.
Proposed § 130d.12 (relating to submission of application) sets forth the application process, including limitations on grant awards and eligible uses, and delineating the format of the application.
Proposed § 130d.13 (relating to processing of applications) establishes the procedure which the Department will follow when processing an Educational Grant Program application and delineates the duties of the Committee and the Secretary regarding the processing of Educational Grant Program applications. It also sets forth the deadline for applications.
Proposed § 130d.14 (relating to review criteria) delineates the criteria which the Committee shall use when reviewing and evaluating Educational Grant Program applications. These criteria include applicant eligibility guidelines and application ranking guidelines.
Proposed § 130d.15 (relating to notice of disposition of application) establishes the time period in which the Department will notify an Educational Grant Program applicant of the acceptance or rejection of the application.
Proposed § 130d.16 (relating to grant cancellation and right of recovery) will allow the Secretary to cancel an Educational Grant when a determination is made that the funds are not being used properly. In addition, this section sets forth the Department's right to make a claim for any grant moneys not expended in accordance with the grant agreement, the act or this proposed chapter.
Proposed § 130d.17 (relating to deficits) limits the Department's financial obligation to the amount of the Educational Grant.
Fiscal Impact
Commonwealth The proposed regulations will impose minimal costs and have minimal fiscal impact upon the Commonwealth. The Department has a statutory duty to develop, implement and enforce programs which provide educational and technical assistance to the agricultural community and to assist those engaged in production agriculture to comply with the act. The Department has a staff position available to oversee the program and has the funds available to administer the NMEGP.
Political Subdivisions The proposed regulations will impose minimal costs on those conservation districts who are interested in applying for grants. The costs most likely will be associated with the preparation of grant proposals and the recordkeeping requirements for those applicants who are approved to receive grant moneys under the NMEGP.
Private Sector The proposed regulations will impose no costs and have no fiscal impact upon the private sector. The regulations are is intended to assist those engaged in production agriculture to comply with the act.
General Public The proposed regulations will impose no costs and have no fiscal impact upon the general public. The regulations are intended to promote environmentally sound agricultural practices which will benefit the general public.
Paperwork Requirements
The proposed regulations will result in increased paperwork requirements for the recipients of Nutrient Management Educational Program Grants. The recipients of the grants will be required to keep detailed records of all Nutrient Management Educational programs, activities and projects undertaken using the grant monies. The Department will incur increased paperwork requirements through tracking and recordkeeping requirements and review of applications related to the NMEGP.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on September 18, 1998, the Department submitted a copy of these proposed regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Agriculture and Rural Affairs Committees. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request. If IRRC has an objection to any portion of the proposed regulations, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the Department, the General Assembly and the Governor of objections raised.
Contact Person
Further information is available by contacting the Department of Agriculture, Bureau of Plant Industry, Nutrient Management Educational Grant Program, 2301 North Cameron Street, Harrisburg, PA 17110-9408, Attn: Melanie Wertz, (717) 772-5218. Comments will be received by the Department for 30 days after publication of this notice in the Pennsylvania Bulletin.
Effective Date
The proposed regulations will become effective upon final adoption.
SAMUEL E. HAYES,
SecretaryFiscal Note: 2-113. (1) Nutrient Management Fund; (2) Implementing Year 1997-98 is $50,000; (3) 1st Succeeding Year 1998-99 is $50,000; 2nd Succeeding Year 1999-00 is $50,000; 3rd Succeeding Year 2000-01 is $50,000; 4th Succeeding Year 2001-02 is $50,000; 5th Succeeding Year 2002-03 is $50,000; (4) FY 1996-97 $32,000; FY 1995-96 $N/A; FY 1994-95 $N/A; (7) Planning, Loans, Grants and Technical Assistance; (8) recommends adoption.
Annex A TITLE 7. AGRICULTURE PART V. BUREAU OF PLANT INDUSTRY CHAPTER 130d. NUTRIENT MANAGEMENT EDUCATION GRANT PROGRAM Subch.
A. GENERAL PROVISIONS B. GRANT PROGRAM Subchapter A. GENERAL PROVISIONS Sec.
130d.1. Authority. 130d.2. Objectives. 130d.3. Definitions. 130d.4. Funding. 130d.5. Records. § 130d.1. Authority.
The act bestows upon the Commission the power and duty to regulate, administer and enforce specific areas of the act. Section 4 of the act (3 P. S. § 1704) grants the Commission the power to delegate this administrative or enforcement authority. The act also requires the Commission, ''. . . . to develop and implement, in cooperation with the Department of Agriculture, the board, the Cooperative Extension Service and conservation districts, a program to provide education and technical assistance to the agricultural community . . . .'' (3 P. S. § 1704(5)). Under this requirement, the Commission has entered into a Memorandum of Understanding with the Department which, along with other terms and conditions, grants the Department the authority to administer programs such as the NMEGP.
§ 130d.2. Objectives.
It is the intention of the Commission and the purpose of the NMEGP to provide conservation districts with funds to be used for projects which increase the knowledge and awareness of the act, promote the benefits of proper nutrient management techniques and practices and improve farmer participation in nutrient management programs. Funds may also be used for projects that develop improved techniques and practices regarding the handling, storage and application of nutrients or environmentally safe alternative uses of animal manure.
§ 130d.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act--The Nutrient Management Act (3 P. S. §§ 1701--1718).
Applicant--A conservation district, having an active delegation agreement with the Commission through the Department and submitting an application for a grant under the NMEGP.
Best management practices--A practice or combination of practices determined by the Commission to be effective and practicable (given technological, economic and institutional considerations) to manage nutrients to protect surface water and groundwater taking into account applicable nutrient requirements for crop utilization. The term includes the following:
(i) Conservation tillage.
(ii) Crop rotation.
(iii) Soil testing.
(iv) Manure testing.
(v) Diversions.
(vi) Manure storage facilities.
(vii) Stormwater management practices.
(viii) Nutrient application.
Board--The Nutrient Management Advisory Board created by section 8 of the act (3 P. S. § 1708).
Commission--The State Conservation Commission established by the Conservation District Law (3 P. S. §§ 849--864).
Committee--The Interagency Education Committee, which is comprised of members from the Department, the Board, the Cooperative Extension Service, the DEP, the Natural Resource Conservation Service, Conservation Districts and Vocational Agriculture instructors and is responsible for reviewing all grant applications.
Conservation district or district--A county conservation district established under the Conservation District Law.
Cooperative extension--The Cooperative Extension Service of the Pennsylvania State University.
DEP--The Department of Environmental Protection of the Commonwealth.
Department--The Department of Agriculture of the Commonwealth.
Fiscal year--The Commonwealth's fiscal year, running from the first day of July to the last day of June of the following year.
Grant--A Nutrient Management Education Grant.
Nutrient management plan--A written site-specific plan which incorporates best management practices to manage the use of plant nutrients for crop production and water quality protection consistent with the criteria established in sections 4 and 6 of the act (3 P. S. §§ 1704 and 1706).
NMEGP--The Nutrient Management Education Grant Program.
Project--A specific plan set forth on a grant application submitted under the act and this chapter, describing the Nutrient Management Education Program, seminar or field demonstration to be implemented using the grant funds received.
Secretary--The Secretary of the Department.
§ 130d.4. Funding.
Grants shall be awarded annually provided funds have been made available to the Department.
§ 130d.5. Records.
(a) The conservation district shall maintain books, records and other evidence pertinent to expenditures and costs incurred in connection with any grant funded under the NMEGP. The books and records shall be maintained according to generally accepted accounting principles.
(b) Financial records, supporting documents, statistical records and other records pertaining to any grant, shall be retained by the conservation district for 3 years from the expiration date of the grant agreement or completion of the project funded by the grant, whichever occurs latest.
(c) The books, records and documents shall be available for inspection or audit at reasonable times by the Department or it's authorized agent.
Subchapter B. GRANT PROGRAM Sec.
130d.11. General conditions. 130d.12. Submission of application. 130d.13. Processing of application. 130d.14. Review criteria. 130d.15. Notice of disposition of application. 130d.16. Grant cancellation and right of recovery. 130d.17 Deficits. § 130d.11. General conditions.
(a) Grant agreement. Only those conservation districts having current and active delegation agreements in effect, with the Commission through the Department, may submit an application for a grant. Upon the Committee's acceptance of an application and the Secretary's approval, the applicant shall sign a grant agreement setting forth the term and amount of the grant and other terms or conditions as the Department and Commission may require.
(b) Default. An applicant who fails to abide by the terms and conditions of the grant agreement or this subchapter or the act shall be in default. In the event of a default, the Secretary may cancel the grant and seek recovery of the grant funds as set forth in § 130d.16 (relating to grant cancellation and right of recovery). The Secretary may waive a default, after consultation with the Committee, in the event of extenuating circumstances.
(c) Verification. An applicant receiving a grant shall maintain books, records and other evidence pertaining to costs incurred for expenditures associated with the project funded by the grant. The books and records shall be maintained according to generally accepted accounting principles. Within 30 days of the project completion date specified in the grant agreement, the grant recipient shall submit to the Department written reimbursement requests based on receipts for the project costs. Grant recipients shall provide to the Department a final report, which includes pertinent documentation, appropriate deliverables produced by the project, as well as a narrative report describing the effectiveness of the project, experience gained and knowledge acquired.
(d) Failure to verify. If required documentation is not submitted to the Department as described in subsection (c), the Secretary may demand, in writing, the return by the grant recipient of the entire grant sum or a lesser amount, plus appropriate legal interest. The grant recipient shall repay the sum demanded by the Department within 60 days of a written demand.
§ 130d.12. Submission of application.
(a) Limitations on grant applications and awards.
(1) Amount of grant.
(i) A grant may not exceed $5,000 per fiscal year to any conservation district or to any group of conservation districts submitting a joint application.
(ii) An applicant shall submit one application for each grant project. An applicant may submit more than one application per fiscal year and an applicant may be awarded more than one grant per fiscal year. An applicant may not receive funding for more than $5,000 in any fiscal year.
(2) Salaries. Grant funds may not be used to pay the salary expenses of permanent staff. Grant funds may be used to reimburse the applicant for the cost of temporary staff hired specifically and exclusively to administer the project set forth in the grant application.
(b) Eligible uses. A grant shall be used only for the specific project, event or activity delineated in the application. A grant shall only be used to fund projects within the geographic boundaries of this Commonwealth. A grant may be awarded for the following types of projects:
(1) Projects related to providing information concerning methods of preventing nutrient pollution of surface water and groundwater.
(2) Educational programs, seminars or field demonstrations designed to increase the knowledge and awareness of nutrient management regulations, promote the benefits of proper nutrient management techniques and practices or disseminate information regarding the most recent developments in techniques and technologies related to best management practices.
(3) Projects which assist farmers with the development of nutrient management plans which meet the requirements of the act.
(4) Projects which can be replicated throughout this Commonwealth.
(5) Projects which encourage program participation in a cost-effective manner.
(6) Any project determined by the Department to assist in the implementation and acceptance of the act.
(c) Format of application. A proposal for a grant will not be considered unless the following information is included:
(1) A cover page containing the project title, organization name, address and phone number, name of the local project coordinator, amount of money being requested and the date of the proposal's submission.
(2) A summary of the project including objectives, target audiences, staff dedicated to the project and other agencies or groups assisting with the project.
(3) A detailed project description including steps involved to complete the project, estimated completion dates, persons responsible for completion of the various steps and methods or procedures that will be used to carry out the project.
(4) A reasonable and accurate statement of the project's estimated cost. This statement shall contain a separate detailed breakdown of the personnel and materials costs, including a separate breakdown on equipment, travel, printing, supplies and other expenses anticipated to be associated with the project. The applicant shall provide documentation or financial statements available to support the estimated project costs.
(5) If temporary staff is being hired to administer the project, a breakdown including hiring and release dates, salaries to be paid, time to be allotted to administering the project and duties and responsibilities of the temporary staff.
(6) A description of the project evaluation criteria and a discussion of how the proposed project meets those criteria as well as a discussion of the methods which will be used to evaluate the success of the project.
§ 130d.13. Processing of application.
(a) Competitive program. The NMEGP is a competitive program. Grant requests and related documents shall be received by the Department and will be reviewed by the Committee and the Secretary. These requests shall be reviewed in accordance with the grant proposal and grant ranking factor requirements outlined in this subchapter.
(b) Committee. The Committee will review completed grant applications and supporting documentation and has the power to recommend approval, approval with special conditions or rejection of applications and to recommend issuance of grants in accordance with the general considerations and eligibility criteria of the act.
(c) Secretary. The Secretary will review the recommendations made by the Committee and will have final authority to accept or reject the recommendations. The Secretary may also impose restrictions or special conditions upon the issuance of a grant.
(d) Incomplete or inaccurate applications. If an application is found to be incomplete or inaccurate, final processing of the application may be discontinued or additional data may be requested. If additional data is requested, processing of the application will cease until the requested data is supplied by the applicant. When additional data has been requested, the Committee or the Secretary will terminate the processing of an incomplete application when the additional data is not supplied within 30 days of the request.
(e) Deadline for applications. Applications for grants shall be submitted to the Department by March 1 of the year preceding the fiscal year in which the proposed project will be administered.
§ 130d.14. Review criteria.
(a) The evaluation of the application by the Committee shall be based on the following criteria:
(1) Applicant's eligibility. To be eligible for a grant under this chapter, the applicant shall be:
(i) A conservation district with an active delegation agreement with the Commission through the Department.
(ii) A conservation district possessing the resources and sufficiently educated, trained or experienced personnel to carry out the Nutrient Management Program or Project proposed in the grant application and guarantee that it will participate in the project for the duration of the grant period.
(2) Ranking of the application. When reviewing and ranking an application, the following factors will be used:
(i) The relevance of the project to education and outreach regarding the act.
(ii) The innovativeness of the project.
(iii) The scope of the project and the number of people who will be affected by the project as described in the proposal.
(iv) The value to the agricultural community of the project described in the proposal.
(v) The ability of the applicant to provide matching funds or other financial contributions to the project.
(vi) The extent to which each project impacts upon farmers or producers within this Commonwealth.
(vii) The value to those who work directly with farmers and producers.
(viii) Whether the applicant has been, in whole or in part, the recipient of another grant under the act within the same fiscal year.
(ix) Whether other local, county, regional or State organizations are participating in the project or can use the material developed from the project.
(x) The anticipated cost of the project and resource utilization.
§ 130d.15. Notice of disposition of application.
An applicant will be notified by the Department within 30 days after receipt of an application of a decision to reject or approve the grant, unless the application is incomplete, in which case the Committee will follow the actions prescribed in § 130d.13(d) (relating to processing of application). Notice will be sent by regular mail to the address indicated by the applicant on the grant proposal. An approved applicant will receive a grant agreement, which shall be executed by the applicant and the Department. Funds will be provided based on a reimbursement request upon completion of the project. Grant money shall be used within the dates indicated on the grant agreement.
§ 130d.16. Grant cancellation and right of recovery.
A grant may be canceled by the Department if the Secretary determines the grant funds are not being spent in accordance with the terms and conditions of the grant agreement, the act or this chapter. The Department has the right to make a claim for and receive from the grant recipient moneys not expended in accordance with the grant agreement, the act or this chapter and may demand the return of the grant sum, or a portion thereof, plus legal interest thereon.
§ 130d.17. Deficits.
The Department's financial obligation is limited to the amount of the grant. The Department is not responsible for funding cost overruns incurred by a grant recipient.
[Pa.B. Doc. No. 98-1599. Filed for public inspection October 2, 1998, 9:00 a.m.]
