Section 83.145. District responsibilities

(a) The district is encouraged to enter into an agreement with the county committee of the ASCS to outline the tasks and responsibilities of a party to effectively administer State cost-share funds consistent with the Agricultural Nonpoint Source Abatement Program for the Chesapeake Bay and to maximize the use of State and Federal funds.

(b) The district is encouraged to develop a fair and open project selection process that includes sign-up periods as necessary to receive requests for BMP installation from eligible landowners. Special efforts will be made to enlist the cooperation of landowners with identified critical problems. Landowner applications shall be prioritized for project selection based on criteria established by the Commission. Criteria established by the Commission shall include: the existence of identified water quality problems from agricultural nonpoint sources; high potential for pollution on the farm; and probability that significant reductions in nutrients can be achieved through the implementation of acceptable BMPs. A district may utilize its own prioritization form provided it addresses the criteria established by the Commission.

(c) The format of supplemental agreements between the districts and ASCS and between the districts and landowners shall be appoved by the Commission.

(d) Technical responsibilities for needs determination, practice design and layout are assigned to the district. The district should utilize the technical services of the SCS, Cooperative Extension Service or other cooperating Federal and State agencies in developing this information where available.

(e) BMP completion will be certified for landowners by the designated technical agency.

(f) Upon proper determination of practice completion, including copies of appropriate invoices for materials, supplies and labor, as required by the Commission, the district will disperse cost-share funds to eligible landowners. Reimbursement shall be paid from amounts advanced quarterly by the Commission for this purpose and may exceed except as provided in § 83.148 (relating to additional funding for failed BMPs) neither a maximum of 80% total combined State and Federal funding from all sources for each practice nor a total of $30,000 Financial Assistance Funding Program State funding per landowner. Reimbursement shall be made by districts to landowners within 30 days following receipt of accurate documentation that shows appropriate receipts, completion certification and technical certification, if necessary, that BMPs have been installed according to specification.

(g) The district shall conduct an annual audit of programs in accordance with section 2(a)(7) of the Single Audit Act of 1984 (31 U.S.C.A. § 7501(7)).

(h) The district shall adhere to the ‘‘Administrative Manual for the PA Chesapeake Program’’ developed by the Department to provide uniformity and consistency in the administration of the program.

The provisions of this § 83.145 adopted July 4, 1986, effective July 5, 1986, 16 Pa.B. 2404; amended September 29, 1989, effective July 5, 1989, 19 Pa.B. 4220; amended December 2, 1994, effective December 3, 1994, 24 Pa.B. 5987. Immediately preceding text appears at serial pages (189762) to (189763).

Notation

Cross References

This section cited in 25 Pa. Code § 83.148 (relating to additional funding for failed BMP’s).