DAR File No. 42332
This rule was published in the December 1, 2017, issue (Vol. 2017, No. 23) of the Utah State Bulletin.
Governor, Economic Development
Utah Outdoor Recreation Infrastructure Grant
Notice of Proposed Rule
DAR File No.: 42332
Filed: 11/15/2017 07:48:50 PM
Purpose of the rule or reason for the change:
This rule change makes updates to the rule to bring it into compliance with S.B. 264 passed during the 2017 General Session.
Summary of the rule or change:
These changes delete provisions related to the youth program grant because that portion of the grant program was repealed by S.B. 264 (2017), and make corresponding technical changes.
Statutory or constitutional authorization for this rule:
- Section 63N-9-203
Anticipated cost or savings to:
the state budget:
There is no cost or savings to the state budget because this rule only makes changes in response to the updates made to the program by S.B. 264 (2017).
There is no cost or savings to local governments because this rule change does not impose any new requirements or regulations on local governments. This rule change does update the rule to delete the criteria for the youth grant program to bring it in accordance with the changes created in S.B. 264 (2017). There will be an impact to any local government that was planning to apply for the youth program grant. However, only 16 grants were awarded under this program and none were awarded to a local government entity.
There is no fiscal impact to small businesses because this rule change does not impose any new requirements or regulations on small businesses. This rule change does update the rule to delete the criteria for the youth grant program to bring it in accordance with the changes created in S.B. 264 (2017). There will be an impact to any small business that was planning to apply for the youth program grant. However, only 16 grants were awarded under this program to small businesses including non-profits with less than 25 total applicants for the youth grant. This is less than 1% of total small businesses including non-profits that could apply for eligible youth programs under the program. Therefore, the fiscal impact to small businesses is deemed to be negligible or non-existent.
persons other than small businesses, businesses, or local governmental entities:
There is no cost or savings to other persons because this rule change does not impose any new requirements or regulations on any other group or persons. This rule change does update the rule to delete the criteria for the youth grant program to bring it in accordance with the changes created in S.B. 264 (2017). There will be an impact to any other group or person that was planning to apply for the youth program grant. However, only 16 grants were awarded under this program and none were awarded to any other group or persons outside of small businesses including non-profits.
Compliance costs for affected persons:
There are no compliance cost for any affected persons because this rule simply repeals any criteria related to the youth program which was repealed by S.B. 264 (2017).
Comments by the department head on the fiscal impact the rule may have on businesses:
There are no compliance costs for small businesses because this rule simply repeals any criteria related to the youth program which was repealed by S.B. 264 (2017).
Val Hale, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:Governor
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 firstname.lastname@example.org
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:
This rule may become effective on:
Val Hale, Executive Director
R357. Governor, Economic Development.
R357-16. Utah Outdoor Recreation Infrastructure Grant.
(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.
(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;
(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.
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.
County] Endorsement: The infrastructure project [ must have county approval and ]endorsement
in writing at the time of
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, a[
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 coordinate with
the Utah Division of Wildlife Resources (DWR) to determine if the
project is located in a special management area for sensitive
species such as the greater sage grouse.
(a) If the project is in or near a Sage Grouse Management Area (SGMA), the project proponent shall coordinate with DWR to make reasonable accommodations to avoid, minimize or mitigate the impacts to greater sage-grouse and their habitats.
) [ Eligible ]infrastructure projects may include but
are not limited to:
New] construction of trails and trail infrastructure (e.g.
bridge or tunnel);
Restroom facilities near popular recreation
Trail facilities (e.g. trail or way finding signage,
trailhead parking, kiosks, etc.)];
Ramp/launch site to improve water access areas along rivers
for non-motorized boats (e.g. a proposed National Water trail
Infrastructure for wildlife viewing areas];
Outdoor amphitheaters]; or
(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;[
(e) Athletic fields or courts[
R357-16-6. Outdoor Recreation Youth Program Grants Eligibility
(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
R357-16-7. Method and Formula for Determining Grant
(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;
Improved physical and recreational access;
vi. Location in an underserved population or area.
(3) The Office will use the scores to create a prioritization matrix ranking the applications in ascending order.
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 Sections 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 Subsection 63G-4-203(i).
KEY: Outdoor Recreation Infrastructure Grant, outdoor recreation, grants
Date of Enactment or Last Substantive Amendment: [
July 15, 2016]
Authorizing, and Implemented or Interpreted Law: 63N-9-203
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact 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 email@example.com. For questions about the rulemaking process, please contact the Office of Administrative Rules.