DAR File No. 43416

Natural Resources, Parks and Recreation

Rule R651-301

State Recreation Fiscal Assistance Programs

Notice of Proposed Rule

(Amendment)

DAR File No.: 43416
Filed: 11/28/2018 03:07:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2018 General Session H.B. 143 was passed, which provides a shift of funding directed towards the Off-Highway Vehicle (OHV) Restricted Account. H.B. 143 (2018) directed additional funding, from registration fee restructuring, to be allocated for motorized vehicle opportunities with county, state, and federal agencies, and non-profit OHV club/organizations through a grant process format.

Summary of the rule or change:

The current Rule R651-301 hasn't had a language cleanup in over ten years and some of the grants listed in the current rule are obsolete and/or no longer funded. H.B. 143 (2018) increased the amount of funding provided to the Off-Highway Vehicle (OHV) program from registration fees collected. The additional registration fees collected will be placed in the OHV Restricted Account. Given that H.B. 143 (2018) directs the Utah Parks and Recreation Board to determine a method in which to disperse the increased funding, Rule R651-301 is the best method in which to disperse this increased funding and meet the requirements outlined in H.B. 143 (2018).

Statutory or constitutional authorization for this rule:

• Section 41-22-1

Anticipated cost or savings to:

the state budget:

This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule.

local governments:

This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule.

small businesses:

This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule.

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

This rule is updated to reflect previous fiscal assistance funding programs that no longer exist and to provide language update for an existing fiscal assistance program. There is no aggregate cost or savings to this amendment, because this is a language cleanup to the rule.

Compliance costs for affected persons:

There is no increase in compliance costs for affected person because this rule is being updated to reflect previous fiscal assistance funding programs that no longer exist and to provide a language update for an existing fiscal assistance program. There is no compliance costs for affected persons, because this is a language cleanup to the rule only.

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

No expected impact on businesses.

Michael R. Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@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:

01/16/2019

This rule may become effective on:

01/23/2019

Authorized by:

Jeff Rasmussen, Acting Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2019	FY 2020	FY 2021
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$0	$0	$0
Net Fiscal Benefits:	$0	$0	$0

 

**This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

These proposed amendments to Rule R651-301 are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no services required from them in order to implement the rule.

 

The head of the Department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

 

 

R651. Natural Resources, Parks and Recreation.

R651-301. State Recreation Fiscal Assistance Programs.

R651-301-1. Authority and Effective Date.

(a) These rules are established as required by [63-11a-501]41-22-1, and [63-11-17.8]41-22-19, and apply to the following state funded recreation fiscal assistance programs:

[(1) Trails and Pathways]

([2]1) Off Highway Vehicles Fiscal Incentive Grant

([3]2) Off-highway Access and Education

(b) These rules govern procedures for fiscal assistance applications, priorities, and project selection criteria commencing on or after April 15, 2000.

 

R651-301-2. Definitions.

(a) "Advisory Council" means [the Recreational Trails, and ]Off-Highway Vehicle Advisory Council[s].

(b) "Board" means the Utah Board of Parks and Recreation.

(c) "Division" means the Utah Division of Parks and Recreation.

(d) ["High density population" means areas in the state where people are grouped in communities, towns, or cities, and where the majority of residents live in the area, regardless of community size.]"OHV Program" means the Off-Highway Vehicle Program of the Utah Division of Parks and Recreation.

(e) ["Public comment" means a survey of residents, bond election, written comments, or open public meeting designed to give input to the decision making process from the general public.]"Small Grant" means any request of less than $12,500.

 

R651-301-3. Fiscal Assistance Application Process.

(a) Deadline for submission of applications is May 1 annually. Submissions post-marked on or before that date will be eligible for funding consideration.

(b) Applications are to be submitted on a form to be provided by the Division. Eligible applicants will be notified by mail of the application deadline and procedures at least 45 days prior to the deadline.

(c) Applications must be submitted to:

Utah Division of Parks and Recreation

Attention: Grants Coordinator

1594 West North Temple, Suite 116

Salt Lake City, Utah 84114-6001

(d) Eligible applicants include:

(1) Trails and Pathways Program

(i) Federal government agencies

(ii) State agencies

(iii) Cities and towns

(iv) Counties

(v) Special Improvement Districts

(2) Off-Highway Vehicle Program

(i) Federal government agencies

(ii) State agencies

(iii) Cities and towns

(iv) Counties

(v) Organized User Group (as defined in U.C.A. 41-22-2(15))

(3) Centennial Non-Motorized Paths and Trail Crossings Program

(i) State agencies

(ii) Cities and towns

(iii) Counties

(2) Off-highway Access and Education Program

(i) Charitable organizations meeting the requirements set forth in U.C.A. 41-22-19.5(6).

 

R651-301-4. Fiscal Assistance Program Requirements.

(a) Except as provided herein, all programs require a 50/50 match.

(b) An applicant's match may be in the form of cash, force account labor, equipment, or materials; donated materials and labor or donation of land from a third party to be exclusively used for the proposed project. The value of donated labor will be based on a general laborer rate, unless the person is professionally skilled in the work being performed on the project. When this is the case, the wage rate normally paid for performing this service may be charged to the project. A general laborer's wages may be charged in the amount of that which the project sponsor pays its own employees having similar experience and performing similar duties. Donated materials and land will be valued at the fair market value based on an appraisal that is approved by the Division.

(c) Recreational trails that are on lands under the control of the Division must comply with Section 63-11a-203, and require public hearings in the area of proposed trail development.

(d) Program funds may be used for land acquisition, development, and planning. Off-highway vehicle funds may also be used for education, operation and maintenance. No administrative or indirect costs are allowed. Projects funded with Off-highway Access and Education Program funds must be designed to protect access to public lands by motor vehicle and off-highway vehicle operators, and to educate the public about appropriate off-highway vehicle use.

(e) Not more than 50% of program funds may be advanced to the project sponsor, and only after official notice to the Division is made by the sponsor that project costs will be incurred within sixty (60) days.

(f) No more than 50% of the monies available to the Centennial Non-Motorized Paths and Trail Crossings Program in a fiscal year may be allocated to a single project, except upon unanimous recommendation of the Recreational Trails Advisory Council.

(g) The balance of funding shall be provided to sponsors at the project completion, and only after a final accounting is made to the Division of total project costs.

(h) Off-highway Access and Education Program funds are exempt from the matching requirements of this rule.

 

R651-301-5. Project Selection Procedures.

(a) Advisory Councils shall make recommendations to the Division concerning the project selection criteria and the priority of projects selected for funding.

(b) The Division shall review all eligible applications, evaluate projects based on priority criteria, and submit project description information, proposed funding recommendations and justification to the appropriate Advisory Council for review and comments.

(c) The Board shall select and approve projects based on recommendations from the Division and Advisory Councils, which may be in the form of joint or separate recommendations.

 

R651-301-6. Priorities and Project Selection Criteria.

(a) All applicants shall be evaluated on administrative considerations, such as prior project performance and proper use of funds.

(b) All applications shall be evaluated on meeting legislative intent, and meeting outdoor recreation needs.

(c) All applications shall be evaluated on cooperative efforts of the project among agencies and user groups. This includes, but is not limited to, cooperative funding.

(d) Location of the proposed project site shall be evaluated based on proximity to the majority of users, adequacy of access to the site, safety, linking similar existing facilities, and convenience to users.

(e) Projects that promote multiple season use for maximum year-round participation and multiple uses or users shall be encouraged.

(f) Planning, design, and projects for the Trails and Pathways Program shall be evaluated to encourage:

(1) Innovative or unique design features that enhance the environment and recreation opportunities.

(2) Linking access to natural, scenic, historic, or recreational areas of statewide significance.

(3) Minimizing adverse effects on wildlife, natural areas, and adjacent landowners.

(4) Harmony with existing and planned land uses.

(5) Master Planning.

 

KEY: recreation, fiscal, assistance

Date of Enactment or Last Substantive Amendment: [December 22, 2008]2019

Notice of Continuation: March 23, 2017

Authorizing, and Implemented or Interpreted Law: [63-11a-501]41-22-1