DAR File No. 40434

Governor, Economic Development

Rule R357-16

Utah Outdoor Recreation Infrastructure Grant

Notice of Proposed Rule

(New Rule)

DAR File No.: 40434
Filed: 05/16/2016 11:22:11 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is created as a requirement from the 2016 General Session under H.B. 52. The new legislation requires the office to create rules governing the Outdoor Recreation Infrastructure Grant program.

Summary of the rule or change:

This rule establishes the eligibility and reporting criteria for an entity to receive an infrastructure grant under Section 63N-9-201 et seq. including: 1) the form and process of submitting an application to the outdoor recreation office for an infrastructure grant; 2) which entities are eligible to apply for an infrastructure grant; 3) specific categories of projects that are eligible for an infrastructure grant; 4) the method and formula for determining grant amounts; and 5) the reporting requirements of grant recipients.

State statutory or constitutional authorization for this rule:

• Section 63N-9-203

Anticipated cost or savings to:

the state budget:

This rule does not cost or save any money from the state budget outside of the money appropriated to the office for the program itself, which was $1,000,000.

local governments:

This rule could impact local governments only in that it provides the criteria for which a local government entity could apply and qualify for a grant for recreation infrastructure projects.

small businesses:

This rule does not impact small business because all private businesses are foreclosed by statute from participation in this program. There could be some ancillary benefits to businesses hired to work on a project funded by this program. But, this rule does not govern those processes.

persons other than small businesses, businesses, or local governmental entities:

Tribal governments may be impacted only in that it provides the criteria for which a tribal entity could apply and qualify for a grant for recreation infrastructure projects.

Compliance costs for affected persons:

There may be some minor compliance costs in terms of grant writing expenses and reporting requirements for those who are awarded a grant under this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no likely impacts on businesses because the statute does not allow private businesses to participate in this program.

Val Hale, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Governor
Economic Development
60 E SOUTH TEMPLE 3RD FLR
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Jeffrey Van Hulten at the above address, by phone at 801-538-8694, by FAX at 801-538-8888, or by Internet E-mail at jeffreyvan@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2016

This rule may become effective on:

07/08/2016

Authorized by:

Val Hale, Executive Director

R357. Governor, Economic Development.

R357-16. Utah Outdoor Recreation Infrastructure Grant.

R357-16-1. Authority.

(1) Subsection 63N-9-203 requires the office to make rules establishing the eligibility and reporting criteria for an entity to receive an infrastructure grant.

 

R357-16-2. Definitions.

(1) Terms in these rules are defined in Utah Code Section 63N-9-102.

 

R357-16-3. Application Form and Submission Procedure.

(1) The application will be provided by the Office and contain the following content:

(a) General submission instructions;

(b) Grants available to be claimed including tiered amounts;

(c) Criteria for qualification of a grant;

(d) Instructions regarding a project description including timeline;

(e) Instructions for providing an outlined budget for total project cost, highlight of funds already procured for the project; and an itemized budget showing planned use of the grant funds being requested;

(f) Instructions for reporting project impacts including community and economic impacts;

(g) The application scoring system and grant tiers;

(h) Any required deadlines, reports, and relevant timelines; and

(i) All required documents and information necessary for verification and approval of the application.

(2) The application shall be created in an electronic form available to the public at business.utah.gov

(3) The application shall also be available in paper form for any person or entity that requests it.

(4) Applications must be submitted to Office of Outdoor Recreation staff on or before the specified deadline in the application.

(5) Staff will review final applications for completeness and the director of the Office of Outdoor Recreation will verify that the documentation is complete and that it meets the program criteria as outlined in statute and this rule.

(6) All completed documentations will be reviewed and awardees selected via the criteria and method as outlined in R357-16-5 and R357-16-6.

 

R357-16-4. Eligible Entities.

(1) Grants may be awarded to the following entities within the state of Utah:

(a) Non-profit corporations physically located within the State with a 501(c)(3) status;

(b) Municipalities;

(c) Counties; and

(d) Tribal governments.

 

R357-16-5. Infrastructure Project Eligibility Criteria.

(1) Budget/Costs/Matching Requirements: The Office will not fund more than 50% of the proposed project's eligible costs. A minimum of 25% of the total project costs must be a cash match from the applicant and/or partners.

(a) The maximum grant request is dependent on available funds and will be outlined in the grant application.

(b) Matching requirements, eligible and ineligible matching costs, and other matching funding requirements will be provided in the grant application.

(c) At least 75% of the matching funds for the project must be secured in order to apply.

(2) County Endorsement: The infrastructure project must have county approval and endorsement in writing at the time of application.

(a) An agreement signed with the county appointing a party who will maintain the recreational infrastructure may be required by the Office as a condition to receiving a grant.

(3) Public Lands: If the project is located on public lands, it must have approval from the appropriate public entity.

(a) The applicant may be required to show approval from the agency that follows the National Environmental Policy Act (NEPA) process as a condition to receiving the grant.

(4) Property Ownership: All projects must be located on land that is owned by or under the control of the applicant (e.g. local government or conservancy.)

(a) If the project crosses private property, as in the case of a trail, an agreement must be reached with the property owners.

(5) Economic Development Endorsement: The infrastructure project must have an endorsement from the local economic development office stating that the project will have the ability to attract growth and retention in the community/area and/or have the potential for increased visitation to the area.

(6) Sensitive Wildlife Areas: Applicant must verify that they have checked with the Utah Division of Wildlife Resources (DWR) to ensure the project is not in a special management area for endangered species such as the Sage Grouse.

(a) If the project is in or near a Sage Grouse Management Area (SGMA) it must first secure approval from the DWR.

(7) Eligible infrastructure projects may include but are not limited to:

(a) New construction of trails and trail infrastructure (e.g. bridge or tunnel);

(b) Restroom facilities near popular recreation areas;

(c) Trail facilities (e.g. trail or way finding signage, trailhead parking, kiosks, etc.);

(d) Ramp/launch site to improve water access areas along rivers for non-motorized boats (e.g. a proposed National Water trail system.;

(e) Infrastructure for wildlife viewing areas;

(f) Whitewater parks;

(g) Outdoor amphitheaters; or

(h) Yurts.

(8) Ineligible Infrastructure projects may include but are not limited to:

(a) A private business such as outdoor service concession, amusement park, ice-skating rink, tubing park, etc.;

(b) Outdoor education programming;

(c) Outdoor swimming pools;

(d) Golf Courses; or

(e) Athletic fields or courts.

 

R357-16-6. Outdoor Recreation Youth Program Grants Eligibility Criteria.

(1) The Office may award grants for outdoor recreation youth programs.

(2) The program must provide outdoor recreation activities for youth 18 years old or younger and include physical activities that have an element of fitness.

(3) Budget/Costs/Matching Requirements: The Office will not fund more than 50% of the proposed program's eligible costs. A minimum of 25% of the total project costs must be a cash match from the applicant and/or partners.

(a) The maximum grant request is dependent on available funds and will be outlined in the grant application.

(b) Matching requirements, eligible and ineligible matching costs, and other matching funding requirements will be provided in the grant application.

(c) At least 75% of the matching funds for the program must be secured in order to apply.

(d) Staff salaries may only allowed as matching costs as outlined in the application.

(4) Applicant must demonstrate that the program increases participation in outdoor recreation among young people.

(5) The program must have clear and measurable outcomes including an action plan with clear measures to evaluate success.

(6) Applicant must outline in the application a budget of how the grant would be utilized for the program.

(7) All other found in Utah Code 63N-9, R357-16-3, and R357-16-5(3)-(8) apply to the outdoor recreation youth program grants.

 

R357-16-7. Method and Formula for determining grant amounts.

(1) The Office shall use a weighted scoring system to analyze and award grant and grant amounts.

(a) The scoring system shall be made available in the application;

(b) The scoring system will assess and value general categories including:

i. Community need;

ii. Economic impact;

iii. Recreation value;

iv. Project readiness;

v. Improved physical and recreational access; and

vi. Location in an underserved population or area.

(2) The Office will use the scores to create a prioritization matrix ranking the applications in ascending order.

(3) The Office will give grant awards in a tiered manner with a certain number of grants available at each tier level utilizing the prioritization matrix.

(a) The Office will provide the tiered amounts and the available number of grants in each tier level in the application.

(b) The Office may collapse tier levels if there are no applicants that score within that tier level and there is an oversubscription in other tier levels.

 

R357-16-8. Reporting and Cooperation Requirements.

(1) Grant recipient will cooperate with reasonable requests for site visits during and after completion of the Project.

(2) Grant recipient will provide any additional financial records related to the grant project upon the Office's request.

(3) Grant recipient will provide economic development information and supporting documentation of economic development goals achieved at minimum on an annual basis or upon the Office's request.

(a) Such information shall be provided for up to five years following completion of the Project.

(4) Grant recipient shall provide a description and an itemized report detailing the expenditure of the grant or the intended expenditure of any grant funds that has not been spent.

(5) Grant recipient shall provide the Office with a final written itemized report when the entire grant is spent.

(6) The reports referenced in (4) and (5) shall be provided at least annually, and no later than 60 days after the grant agreement has expired.

(a) Each report shall include:

i. an accounting of project expenditures; and

ii. assurances that all monies paid to the grant recipient were used for planning, construction, or improvements as describe in the recipient's grant application and grant agreement.

 

R357-16-9. Appeal of Application Denial

(1) A denial of an applicant's request for a grant may be appealed by written request pursuant to Utah Code Section 63G-4-201, and in accordance with this rule.

(2) Hearings must be requested within 30 calendar days from the date that the Office sends written notice of its denial of grant.

(3) Failure to submit a timely request for a hearing constitutes a waiver of due process rights. The request must explain why the party is seeking agency relief, and the party must submit the request on the "Request for Hearing/Agency Action" form. The party must mail or email a scanned copy of the form to the address or email address contained on the denial.

(4) The Office considers a hearing request that a recipient sends via mail to be filed on the date of the postmark. If the postmark date is illegible, erroneous, or omitted, the Office considers the request to be filed on the date that the Office receives it, unless the sender can demonstrate through convincing evidence that it was mailed before the date of receipt.

(5) The Office shall hold informal adjudicative proceedings in accordance with Utah Code Section 63G-4-202 and 203. The Office shall notify the petitioner and Office representative of the date, time and place of the hearing at least ten days in advance of the hearing. Continuances of scheduled hearings are not favored, but may be for good cause shown. Failure by any party to appear at the hearing after notice has been given shall be grounds for default and shall waive both the right to contest the allegations and the right to the hearing.

(6) The Petitioner named in the notice of agency action and the Office shall be permitted to testify, present evidence, and comment on the issues. Formal rules of evidence shall not apply; however,

(a) Testimony may be taken under oath.

(b) All hearings are open to all parties.

(c) Discovery is prohibited; informal disclosures will be ruled on at the pre-hearing conference.

(d) A respondent shall have access to relevant information contained in the Office's files and to material gathered in the investigation of respondent to the extent permitted by law.

(e) The Office may cause an official record of the hearing to be made, at the Office's expense.

(7) Within a reasonable time, not to exceed 60 days after the close of the informal proceeding, the Office shall issue a signed decision in writing that includes a findings of fact and conclusions of law, and time limits for appeals rights, and administrative or judicial review in accordance with Utah Code Section 63G-4-203(i).

 

KEY: Outdoor Recreation Infrastructure Grant, outdoor recreation, grants

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, Implemented, or Interpreted Law: 63N-9-203