DEPARTMENT OF AGRICULTURE Dog Control Facility Bill Reimbursement Grant Program [34 Pa.B. 4472] The Department of Agriculture (Department) gives notice of the guidelines and conditions under which it will award up to $250,000 in grants under the Year 2005 Dog Control Facility Bill Reimbursement Program (program). The program will award bill reimbursement grants of up to $10,000 per recipient to humane societies or associations for the prevention of cruelty to animals that meet the guidelines and conditions of the program. The program will be funded from the Dog Law Restricted Account from funds which are declared to be ''surplus'' funds for the limited purposes set forth in section 1002(b) of the Dog Law (3 P. S. § 459-1002(b)).
A proposed version of these guidelines and conditions was published at 34 Pa.B. 3151 (June 19, 2004). The Department invited public and legislative review of these proposed guidelines and conditions in accordance with 7 Pa. Code § 23.4 (relating to guidelines and conditions).
The Department received a single comment on the proposed guidelines and conditions. The commentator suggested that the eligibility guideline that excludes facilities with annual operating budgets of over $350,000 from participating in the program disqualifies larger facilities from participating in the program, and that this dollar figure should be increased to allow participation by more (and larger) facilities. The commentator also suggested that the eligibility criteria be based on other factors, including number of animals handled.
Given the limited funding that is available for the program for 2005, the Department declines to implement the commentator's suggestions. The Department will evaluate its program needs and will reconsider its eligibility guidelines for subsequent funding years and will continue to consult with affected parties in this process.
Guidelines and Conditions for the Year 2005 Dog Control Facility Bill Reimbursement Grant Program 1. Definitions.
The following words and terms, when used in these guidelines and conditions, have the following meanings:
Department--The Department of Agriculture.
Dog control--The apprehending, holding and disposing of stray or unwanted dogs, or as otherwise defined in section 102 of the Dog Law (3 P. S. § 459-102).
Eligible bill--A document seeking payment for materials, services or utilities from a grant recipient, setting forth the following:
i. The date the document is issued.
ii. The name and address of the humane society or association for the prevention of cruelty to animals to which the bill is issued.
iii. If for materials, a description of the materials and the date of delivery. Invoices and/or receipts for materials must set forth or be accompanied by a written description of the intended use of the material and the date the material is used. Materials may not include computers, computer equipment or software. Examples of eligible materials include the following:
* Cleaning supplies.
* Office supplies--typical supplies used to carry on daily office duties.
* Materials for building and repair projects.
* Purchases of medication, needles, and the like.
iv. If for services, a description of the nature of the services and the dates upon which the services were rendered. Veterinarian services for the spaying or neutering of dogs are ineligible. Examples of services include the following:
* Labor charges with respect to which the invoice details the exact service performed and the date of performance.
* Veterinarian services with respect to which the invoice identifies the dog treated and the reason for the treatment.
* Cremation services with respect to which the invoice either verifies that only dogs were cremated or, in the event that animals other than dogs were cremated, separates the dogs from those other animals and identifies a charge attributable to only the cremation of the dogs.
v. If for utilities (such as electricity, water, sewer, waste disposal and similar purposes), a statement of the period for which the utility, for which payment is sought, was provided.
vi. The name, address and telephone number of the entity issuing the document.
Humane society or association for the prevention of cruelty to animals--A nonprofit society or association duly incorporated under 15 Pa.C.S. Chapter 53, Subchapter A (relating to incorporation generally) for the purpose of prevention of cruelty to animals, or as otherwise defined in section 102 of the Dog Law.
Program--The Year 2005 Dog Control Facility Bill Reimbursement Program.
2. Eligibility.
A humane society or association for the prevention of cruelty to animals is eligible to apply to receive a grant under the program if that humane society or association for the prevention of cruelty to animals:
a. Has been in operation for at least 1 year immediately preceding the application date.
b. Has performed dog control functions for at least 1 year immediately preceding the application date.
c. Has, in the performance of its dog control functions, accepted at least 100 stray or unwanted dogs into its facility within the year immediately preceding the application date.
d. Is not a party to a contract with the Department under which the Department pays that humane society or association for the prevention of cruelty to animals for dog control activities performed in 2005.
e. Agrees, as a condition of receiving any grant money under the program, to continue to perform dog control activities through 2005.
f. Has a total operating budget of $350,000 or less for the 2005 calendar year or, if its budget is on a basis other than calendar year, has a total operating budget of $350,000 or less for each fiscal year comprising any portion of calendar year 2005.
3. Use of Grant Funds.
The Department will allocate a specific maximum grant amount to a successful grant applicant through a written grant agreement. This maximum grant amount will be specified in the grant agreement and will not exceed $10,000 with respect to any application. The maximum grant amount will be retained by the Department and used to reimburse the grant recipient for eligible bills the grant recipient has paid with respect to materials, services or utilities provided to the grant recipient from January 1, 2005, through December 31, 2005. The total reimbursement the Department will pay a grant recipient will not exceed the maximum grant amount. Money remaining in a grant allocation beyond the termination date of the grant agreement will lapse into the Dog Law Restricted Account. If a bill covers materials, services or utilities provided, in whole or in part, before January 1, 2005, or after December 31, 2005, that bill is not an eligible bill and will not be reimbursed by the Department under the program. The sole exception to the prohibition set forth in the preceding sentence is as follows: If a bill covers materials, services or utilities provided in part in 2004 and in part in 2005, and the grant recipient was also a grant recipient under the Year 2004 Dog Control Facility Bill Reimbursement Program, the Department may, at its discretion, consider the bill an eligible bill.
4. Application Process.
a. Application required. A humane society or association for the prevention of cruelty to animals seeking a grant under the program must complete a written application form and deliver it to the Department no later than 30 days from the date this notice is published in the Pennsylvania Bulletin. Applications received by the Department beyond that date will not be considered.
b. Obtaining an application form. The Department will provide grant application forms upon request. Requests for application forms should be directed to Mary Bender, Director, Bureau of Dog Law Enforcement, Department of Agriculture, 2301 North Cameron Street, Harrisburg, PA 17110-9408, (717) 787-4833, fax (717) 772-4352.
c. Contents of grant application form. A grant application form requires the following information:
i. The name and address of the applicant.
ii. Information to verify that the applicant is a humane society or association for the prevention of cruelty to animals and otherwise meets the eligibility requirements in paragraph 2.
iii. The maximum grant amount sought by the applicant, not to exceed $10,000.
iv. A description of the eligible bills for which the grant applicant intends to seek reimbursement, including a description (and copies, if available) of bills received by the applicant in 2004 for the same type of materials, services or utilities for which reimbursement will be sought under the grant agreement.
v. Other information as the Department might reasonably require.
5. Review and approval of grant application.
a. Review and notification. The Department will review each timely grant application and provide the applicant written notification of whether the Department awards the grant, denies the grant or awards a grant in some amount less than the applicant sought. This written notification will be mailed no later than 60 days from the date the Bureau of Dog Law Enforcement receives the grant application to the address provided by the applicant on the grant application form. If an application is incomplete or the Department requires additional information or documentation to evaluate the grant request, it will so advise the applicant within 60 days from the date it receives the grant application.
b. Review criteria. The Department will consider the following, among other factors, in determining whether to award a grant application:
i. The number of applications received and the availability of funds for the grants sought.
ii. The relative contribution of the applicant to dog control activities in the area it serves.
iii. The relative contribution of the applicant to dog control as compared to the relative contribution of other applicants.
iv. The relative importance of the grant to the continued operation of the applicant's dog control facility.
v. The expense or logistical difficulty the Department would encounter if the applicant's dog control facility was no longer in operation.
6. Grant agreement.
a. Grant agreement required. A successful grant applicant must execute a grant agreement with the Department, setting forth the terms and conditions under which the grant money will be used by the Department to reimburse the grant recipient for payment of eligible bills.
b. Reimbursement requests. The grant agreement will set forth the exact procedure by which a grant recipient shall seek reimbursement from the Department for payment of eligible bills. The basic reimbursement request procedure will be as follows:
By May 15, 2005, the grant recipient will: (1) deliver copies of the eligible bills it has paid between January 1, 2005, and April 30, 2005; (2) verify that these bills have been paid and are eligible for reimbursement; and (3) provide a detailed report of the dog control activities performed by the successful applicant during the referenced 4-month period.
By September 15, 2005, the grant recipient will: (1) deliver copies of the eligible bills it has paid between May 1, 2005, and August 31, 2005; (2) verify that these bills have been paid and are eligible for reimbursement; and (3) provide a detailed report of the dog control activities performed by the successful applicant during the referenced 4-month period.
By January 15, 2006, the grant recipient will: (1) deliver copies of the eligible bills it has paid between September 1, 2005, and December 31, 2005; (2) verify that these bills have been paid and are eligible for reimbursement; and (3) provide a detailed report of the dog control activities performed by the successful applicant during the referenced 4-month period.
c. Payment by the Department. The Department will reimburse a grant recipient for eligible bills within 90 days of receiving a complete and timely reimbursement request.
d. Termination. The Department may terminate a grant agreement at any time by providing the grant recipient written notice of termination at the address set forth on the grant application.
DENNIS C WOLFF,
Secretary[Pa.B. Doc. No. 04-1494. Filed for public inspection August 13, 2004, 9:00 a.m.]
