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NOTICES Funds Will Be Spent to Reimburse These Qualified Land DEPARTMENT of Trusts for a Portion of Their Costs in Acquiring Agricultural Conservation Easements

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NOTICES Funds Will Be Spent to Reimburse These Qualified Land DEPARTMENT of Trusts for a Portion of Their Costs in Acquiring Agricultural Conservation Easements 39 NOTICES funds will be spent to reimburse these qualified land DEPARTMENT OF trusts for a portion of their costs in acquiring agricultural conservation easements. AGRICULTURE The statutory language establishing the Program is Land Trust Reimbursement Grant Program essentially self-executing. The following restates the statutory procedures and standards published at 29 Pa.B. 6342, with the exception of Paragraph (8) (State Board The Department of Agriculture (Department) amends Review), which has been revised to reflect the current the procedures and standards for the Land Trust Reim- statutory authority for the Program and to delete the bursement Grant Program (Program). referenced minimum-acreage requirements. It also pro- vides references to sources of further information or These procedures and standards were originally pub- assistance. lished at 29 Pa.B. 6342 (December 18, 1999). The under- lying statutory authority for the Program has changed 1. Eligible Land Trust. To be eligible to register with since this original publication date. The original authority the State Board and to receive reimbursement grants for the Program was section 1716 of The Administrative under the Program, a land trust must be a tax-exempt Code of 1929 (71 P. S. § 456). That provision was re- institution under section 501(c)(3) of the Internal Rev- pealed by the act of May 30, 2001 (P. L. 103, No. 14) (3 enue Code (26 U.S.C.A. § 501(c)(3)) and include the P. S. § 914.5), which effected a continuation of the Pro- acquisition of agricultural conservation easements or gram under the Agricultural Area Security Law (act) (3 other conservation easements in its stated purpose. P. S. §§ 901—915), rather than The Administrative Code 2. Registration of Eligible Land Trust. An eligible land of 1929. trust seeking reimbursement grants under the Program shall register with the State Board. Registration shall be The Program is funded by a $500,000 allocation from accomplished by delivering a registration letter to Depart- the State Agricultural Land Preservation Board (State ment of Agriculture, Attn: Bureau of Farmland Protec- Board). The Program allows for the awarding of reim- tion, 2301 North Cameron Street, Harrisburg, PA 17110- bursement grants to qualified land trusts. A grant can 9408. reimburse a qualified land trust up to $5,000 of the expenses it incurs in acquiring an “agricultural conserva- 3. Contents of Registration Letter. A registration letter tion easement,” as that term is defined in the act. These shall: expenses include appraisal costs, legal services, title a. Set forth a request that the eligible land trust be searches, document preparation, title insurance, closing registered with the State Board for the purpose of fees and survey costs. receiving reimbursement grants under the Program. Since the Program has been in effect, a number of b. Be signed by the president or other appropriate qualified land trusts have suggested the standards and officer of the land trust. procedures be revised to allow for the reimbursement of c. Have enclosed a true and correct copy of the section expenses relating to the acquisition of a broader range of 501(c)(3) tax-exempt certification issued to the land trust agricultural conservation easements. This would include by the Internal Revenue Service and other documentation agricultural conservation easements that, although limit- necessary to demonstrate the section 501(c)(3) tax-exempt ing the subject land to agricultural production in perpetu- status of the land trust and that the land trust has the ity, would not qualify for purchase by the Commonwealth, acquisition of agricultural conservation easements or an eligible county or a local government unit (or some other conservation easements as its stated purpose. combination thereof) under the act and its attendant regulations in 7 Pa. Code Chapter 138e (relating to d. If the land trust seeks to be registered to receive agricultural conservation easement purchase program). reimbursement grants with respect to agricultural conser- The Department heeded these suggestions and revised vation easements it acquires in a county that is an the minimum criteria for participation in the Program by ‘‘eligible county’’ under section 3 of the act (an ‘‘eligible notice published at 30 Pa.B. 5546 (October 28, 2000). The county’’ is a county whose agricultural conservation ease- Department has since determined it would serve the ment purchase program has been approved by the State purposes of the Program to further broaden the criteria Board), have enclosed a letter from either the Director or for participation. This notice will allow counties with the Chairperson of the Agricultural Land Preservation agricultural conservation easement purchase programs Board in that eligible county verifying that the land trust approved by the State Board (eligible counties) to coordi- coordinates its farmland preservation activities with the nate with qualified land trusts in their farmland preser- farmland preservation activities of the county. vation activities and facilitate the acquisition of agricul- 4. Acknowledgement of Registration. The Department tural conservation easements on tracts of land which— will promptly provide an eligible land trust that delivers although not by themselves ‘‘economically viable for a complete registration letter as described in the preced- agricultural production’’ under the strict definition of that ing paragraph with written confirmation that the eligible term—help create larger blocks of contiguous preserved land trust is registered to receive reimbursement grants farmland or otherwise further the eligible county’s farm- under the Program. land preservation effort. 5. Application for Reimbursement Grant—Forms. Reim- The Department believes the revision: (1) is consistent bursement grant application forms may be downloaded with the statutory authority for the Program; (2) is from the Department’s website—www.pda.state.pa.us. consistent with the definition of “agricultural conserva- The Department will also provide reimbursement grant tion easement” in section 3 of the act (3 P. S. § 903); and application forms upon written request to the address in (3) is expected to increase the rate at which Program Paragraph (2) or upon requests telephoned to the Depart- PENNSYLVANIA BULLETIN, VOL. 33, NO. 1, JANUARY 4, 2003 40 NOTICES ment’s Bureau of Farmland Protection, (717) 783-3167. tural conservation easements it acquires in a county that The Department will also enclose a reimbursement grant is not an ‘‘eligible county,’’ it must coordinate its farmland application form with any ‘‘Acknowledgement of Registra- preservation activities in that county with the farmland tion’’ described in Paragraph (4). preservation activities of the State Board. 6. Application for Reimbursement Grant—Timing. If an 11. State Board approval. State Board approval of a eligible land trust is registered to receive reimbursement reimbursement grant application is the event that estab- grants under the Program it may, within 60 days of lishes entitlement of the applicant to the grant funds closing on the acquisition of an agricultural conservation sought, provided allocated funds are available in an easement, deliver to the State Board a written application amount adequate to fund the grant. for a reimbursement grant under the Program. An eligible land trust may submit a reimbursement grant application 12. Additional Information. Further information may with respect to an agricultural conservation easement be obtained by contacting the Department of Agriculture, acquisition that predates the publication date of this Attn: Mary Y. Bender, Director, Bureau of Farmland notice, as long as it meets the referenced 60-day filing Protection, 2301 North Cameron Street, Harrisburg, PA deadline. 17110-9408, (717) 783-3167. 7. Application for Reimbursement Grant—Content. A 13. Effective Date. This notice is effective as of Decem- reimbursement grant application form shall be delivered ber 19, 2002. to the address set forth in Paragraph (2) and shall: SAMUEL E. HAYES, Jr., a. Request a reimbursement of costs incidental to the Secretary acquisition of an agricultural conservation easement. [Pa.B. Doc. No. 03-19. Filed for public inspection January 3, 2003, 9:00 a.m.] b. Have enclosed a statement of the costs (such as costs of appraisals, legal services, title searches, document preparation, title insurance, closing fees and surveys) incidental to the acquisition of the agricultural conserva- tion easement. Order of Quarantine; Plum Pox Virus c. Have enclosed a true and correct copy of the re- corded deed of agricultural conservation easement. The Department of Agriculture (Department) issues a quarantine order under authority of the Plant Pest Act d. Have enclosed a copy of a recorded document indi- (act) (3 P. S. §§ 258.1—258.27). This order is directed to cating the agricultural conservation easement relates to the Counties of Adams, Cumberland, York and Franklin, land that is within an agricultural security area (such as and requires the removal and destruction of stone fruit a copy of a recorded agricultural security area, showing trees located in untended stone fruit orchards in those book and page of recording). designated counties. 8. State Board Review. The State Board will review complete, timely applications for a reimbursement grant Recitals within 60 days of receipt. The Department shall stamp or 1. The act empowers the Department to take various otherwise identify each
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