DAR File No. 44174

Governor, Economic Development

Rule R357-16a

Restoration Recreation Infrastructure Grant Program Rule

Notice of Proposed Rule

(New Rule)

DAR File No.: 44174
Filed: 11/01/2019 10:30:56 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 249, passed by the Legislature during the 2019 General Session, created the Restoration Recreation Infrastructure Grant Program (Program). The new statutory language permits the office to promulgate rules to administer the Program. The purpose of this rule filing is to clarify the standards for participation in the Program.

Summary of the rule or change:

Section R357-16a-102 creates definitions that will be used to administer the Program. Section R357-16a-103 references the authority granted in the statutory language that permits rulewriting. Section R357-16a-104 outlines the application form and submission process. Section R357-16a-105 establishes the eligible entities. Section R357-16a-106 establishes the eligibility criteria. Section R357-16a-107 outlines the method and formula for determining grant recipients. Section R357-16a-107 establishes the reporting and reimbursement requirements.

Statutory or constitutional authorization for this rule:

• Subsection 63N-9-302(3)

Anticipated cost or savings to:

the state budget:

There is no aggregate anticipated cost or savings to the state budget. This rule is merely creating the requirements for the Restoration Recreation Infrastructure Grant Program that was created by the passing of S.B. 249 (2019).

local governments:

There is no aggregate anticipated cost or savings to local governments because local governments are not required to comply with or enforce this rule.

small businesses:

There is no aggregate anticipated cost or savings to small businesses because this proposed rule does not create new obligations for small businesses, nor does it increase the costs associated with any existing obligation. Participation in the Program is optional.

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

There is no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities because this proposed rule does not create new obligations for persons other than small businesses, businesses, or local government entities, nor does it increase the costs associated with any existing obligation.

Compliance costs for affected persons:

There are no compliance costs for affected persons because participation in the Program is optional.

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

This new rule implements S.B. 249 (2019) which created the Restoration Recreation Infrastructure Grant Program. The purpose of this rule filing is to clarify the standards for participation in the Program. This rule will have no impact on businesses.

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
Economic DevelopmentRoom THIRD FLOOR
60 E SOUTH TEMPLE
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Dane Ishihara at the above address, by phone at 801-538-8865, by FAX at , or by Internet E-mail at dishihara@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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Val Hale, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
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 in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

There is no regulatory impact creating financial cost to non-small businesses. This proposed rule filing is to clarify the standards for participation in the Program. There are no general regulations being promulgated by this rule because the Program is voluntary and does not require non-participants to do anything. There is no impact to businesses or persons general because this rule only applies to those who chose to participate in this Program in order to receive a grant.

 

The head of the Governor's Office of Economic Development, Val Hale, has reviewed and approved this fiscal analysis.

 

 

R357. Governor, Economic Development.

R357-16a. Restoration Recreation Infrastructure Grant Program Rule.

R357-16a-101. Title.

This rule is known as the "Restoration Recreation Infrastructure Grant Program Rule."

 

R357-16a-102. Definitions.

In addition to the terms defined in 63N-9-102 and R357-16-3, the following terms are defined as follows:

(1) "Developed campground" includes those which have been improved or developed from a moderate to a highly developed level.

(2) "Developed recreation site" means an area which has been improved or developed for recreation.

(3) "Developed trail" includes those that are considered developed, highly developed or fully developed trails which commonly have constructed features of either native or imported materials and incorporate route identification signage as needed for user reassurance.

(4) "Developed water recreation facilities" includes those with recreational facilities for water based recreation opportunities for the use, enjoyment and safety of visitors.

(5) "OOR" means the Utah Office of Outdoor Recreation.

(6) "Partner" means two or more entities collaborating with a common interest or goal in restoring or rehabilitating recreational infrastructure.

 

R357-16a-103. Authority.

This rule is adopted by OOR under the authority of Subsection 63N-9-302 (3).

 

R357-16a-104. Application Form and Submission Process.

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

(a) general submission instructions;

(b) grants available to be claimed;

(c) criteria for qualification of a grant;

(d) instructions regarding a project description including timeline;

(e) instructions for providing a budget for total project cost, highlight of funds already procured for the project; and an itemized accounting 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;

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

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

(2)(a) The application shall be created in an electronic form available to the public on OOR's website; and

(b) shall be available in paper upon request.

(4) To be considered for review an application must be received by OOR on or before the specified deadline in the application.

(5) Staff will review applications for completeness.

 

R357-16a-105. 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 classified under 501 (c);

(b) municipalities;

(c) counties; and

(d) tribal governments.

(2) For projects on Federal or State lands, grant applicants must be partnered with the appropriate public land management agency for projects on those lands. Such partners may include.

(3) For-profit entities may not receive a recreation restoration infrastructure grant.

 

R357-16a-106. Recreation Restoration Eligibility Criteria.

(1) Budget/Costs/Matching Requirements: The Office will not fund more than 50% of the proposed project's eligible costs. The grant recipient and/or their partners shall provide matching funds having a value equal to or greater than the amount of the infrastructure grant.

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

(3) Non-profit corporation applicants may provide an in-kind match in lieu of cash, provided applicant partners provide the necessary cash match to qualify for the match requirement.

(4) Up to 50% of the grant recipient's match may be provided through an in-kind contribution by the grant recipient, if:

(a) approved by the executive director after consultation with the director and the advisory committee;

(b) the in-kind donation meets the requirements for an eligible match; and

(d) the in-kind donation is for services or materials that are directly related to the construction of the project.

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

(6) At least 75% of the matching funds for the project must be secured in order for the application to be considered.

(7) Recreation restoration infrastructure projects are limited to projects that are for the reconstruction, rehabilitating, replacing, and restoration of existing recreation infrastructure to meet visitor needs.

(8) Projects that are exclusively for the construction of new infrastructure are not eligible, however projects in which a minor portion of project funds are for the construction of new infrastructure in conjunction with a restoration project may be considered.

(9) Project sites that are primitive or semi-primitive are not eligible.

(10) Rehabilitation projects shall include those in which an existing trail is re-routed for sustainability or a campsite is moved.

(11) Eligible recreational infrastructure projects include:

(a) Trail improvements such as the realignment, rerouting, and reconstruction of existing or destroyed developed trail and trail systems;

(b) the updating, repair, replacement, or improvement of existing or destroyed developed trailside amenities;

(c) the restoration or rehabilitation of developed campground infrastructure to meet the needs of visitors and improve their safety;

(d) the restoration or rehabilitation of developed recreation site for day use sites which shall include such as picnic tables, fire pit/grill areas, shade structures including pavilions for larger groups, and restrooms; and

(e) The restoration or rehabilitation of developed water recreation facilities include: pier, dock, boat ramp.

 

R357-16a-107. Method and Formula for Determining Grant Recipients.

(1) OOR shall use a weighted scoring system to enable the advisory committee to analyze and advise on the awarding of grant and grant amounts. The scoring system shall:

(a) be made available in the application; and

(b) assess and value general categories.

(2) OOR shall distribute the grant applications among the advisory committee members and ensure that each application will be reviewed and scored by members of the advisory committee.

(3) OOR will use the average of the scores provided by the advisory committee members to create a prioritization matrix ranking the applications in descending order.

(4) OOR will provide a synopsis of each scored project to the advisory committee.

(5) In accordance with available funds, the advisory committee shall prioritize projects that the:

(a) advisory committee considers to be high demand outdoor recreation amenities or high priority trails; and

(b) data demonstrates that the project area receives or has received high visitation.

(6) The recommendations for grant awards will be forwarded to the executive director for final approval.

(7) OOR will notify applicants of the funding decision within two weeks of the final decision and:

(a) successful applicants will be notified of expected contractual requirements; and

(8) unsuccessful applicants will be notified of the rejection.

(9) Upon request an applicant may receive a redacted copy of the reviewers comments.

(10) An advisory committee member shall redact themselves from a project in which they have substantial interest.

 

R357-16a-108. Reporting and Reimbursement Requirements.

(1) Awarded entities will be required to submit, at minimum, the following documentation upon reimbursement request:

(a) a reimbursement request form on a format provided by the Office.

(b) copies of all invoices and evidence of payment (checks, bank statements or loan agreements) as well as records of volunteer labor or other in-kind donations for work completed on the project; and

(c) several photos that show the project is complete.

(d) a final report with the description of the project and data requested by the Office.

(2) Partial reimbursement payment may be made through the course of the terms of the contract, not to exceed 50% of expenses incurred during the development of the project. A request-for-funds form and itemization sheet will be required to be signed and submitted to receive the initial 50% of funds.

(3) 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.

(4) Project reports shall be provided at least every six months, and no later than 60 days after the grant agreement has expired.

(a) Each project 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.

(5) Grant recipients will cooperate with reasonable requests for site visits during and after completion of the project.

 

KEY: economic development, recreation restoration, infrastructure grant, outdoor recreation

Date of Enactment or Last Substantive Amendment: 2019

Authorizing, and Implemented or Interpreted Law: 63N-9-302(3)