§ 1222.50 Budget and expenses. ( a ) At least 60 calendar days prior to the beginning of each fiscal year, and as may be necessary thereafter, the Board shall prepare and submit to the Department a budget for the fiscal year covering its anticipated expenses and disbursements in administering this part. The budget for research, promotion or information may not be implemented prior to approval by the Secretary. Each such budget shall include: ( 1 ) A statement of objectives and strategy for each program, plan or project;
( 2 ) A summary of anticipated revenue, with comparative data for at least one preceding fiscal year, except for the initial budget;
( 3 ) A summary of proposed expenditures for each program, plan or project; and
( 4 ) Staff and administrative expense breakdowns, with comparative data for at least one preceding fiscal year, except for the initial budget.
( b ) Each budget shall provide adequate funds to defray its proposed expenditures and to provide for a reserve as set forth in this Order.
( c ) Subject to this section, any amendment or addition to an approved budget must be approved by the Department, including shifting funds from one program, plan or project to another. Shifts of funds that do not result in an increase in the Board's approved budget and are consistent with governing bylaws need not have prior approval by the Department.
( d ) The Board is authorized to incur such expenses, including provision for a reserve, as the Secretary finds reasonable and likely to be incurred by the Board for its maintenance and functioning, and to enable it to exercise its powers and perform its duties in accordance with the provisions of this subpart. Such expenses shall be paid from funds received by the Board.
( e ) With approval of the Department, the Board may borrow money for the payment of startup expenses subject to the same fiscal, budget, and audit controls as other funds of the Board. Any funds borrowed shall be expended only for startup costs and capital outlays and are limited to the first year of operation by the Board.
( f ) The Board may accept voluntary contributions. Such contributions shall be free from any encumbrance by the donor and the Board shall retain complete control of their use. The Board may receive funds from outside sources with approval of the Secretary for specific authorized projects.
( g ) The Board shall reimburse the Secretary for all expenses incurred by the Secretary in the implementation, administration, enforcement and supervision of the Order, including all referendum costs in connection with the Order.
( h ) For fiscal years beginning three years after the date of the establishment of the Board, the Board may not expend for administration, maintenance, and the functioning of the Board an amount that is greater than 15 percent of the assessment and other income received by and available to the Board for the fiscal year. For purposes of this limitation, reimbursements to the Secretary shall not be considered administrative costs.
( i ) The Board may establish an operating monetary reserve and may carry over to subsequent fiscal years excess funds in any reserve so established: *Provided,* That, the funds in the reserve do not exceed one fiscal year's budget of expenses. Subject to approval by the Secretary, such reserve funds may be used to defray any expenses authorized under this subpart.
( j ) Pending disbursement of assessments and all other revenue under a budget approved by the Secretary, the Board may invest assessments and all other revenues collected under this part in: ( 1 ) Obligations of the United States or any agency of the United States;
( 2 ) General obligations of any State or any political subdivision of a State;
( 3 ) Interest bearing accounts or certificates of deposit of financial institutions that are members of the Federal Reserve System;
( 4 ) Obligations fully guaranteed as to principal interest by the United States; or
( 5 ) Other investments as authorized by the Secretary.