No. 30899 (Amendment): R651-301. State Recreation Fiscal Assistance Programs

DAR File No.: 30899
Filed: 01/14/2008, 10:13
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to eliminate one program no longer used and bring the rule up-to-date for State Recreation Fiscal Assistance Programs.

Summary of the rule or change:

The Riverway Enhancement Council no longer exists and other titles for programs have changed. This rule simply updates and helps define the process of the Fiscal Assistance program.

State statutory or constitutional authorization for this rule:

Section 63-11a-501

Anticipated cost or savings to:

the state budget:

Since this is simply to eliminate one program and update the other information for the program being eliminated, there will be no anticipated cost or savings to the state budget.

local governments:

No anticipated cost or savings to local government as this is a state program and does not reflect costs for anything, but rather defines word usage for Fiscal Assistance Programs.

small businesses and persons other than businesses:

This will not affect small businesses as it is for definition only and is a state fiscal assistance program that is being eliminated.

Compliance costs for affected persons:

No compliance costs as there are no affected persons for these definition changes to the rule.

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

The department finds no fiscal impact to businesses. Michael Styler, Executive Director

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

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at [e-mail]

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:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

Mary Tullius, Director

RULE TEXT

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, and 63-11-17.8, and apply to the following state funded recreation fiscal assistance programs:[

(1) Riverway Enhancement]

([2]1) [Non-Motorized] Trails and Pathways

([3]2) Off Highway Vehicles

(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 [Riverway Enhancement, ]Recreational Trails, and Off-Highway Vehicle Advisory Councils.

(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.

(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.[

(f) "River or stream" means a natural watercourse flowing in a more or less permanent bed or channel, between defined banks or walls, with a current which is continuous in one direction, and which does not lose its character as a watercourse even though it may break and disappear.]

 

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) Riverway Enhancement Program

(i) State agencies

(ii) Cities and towns

(iii) Counties

(iv) Special Improvement Districts]

([2]1) [Non-Motorized ]Trails and Pathways Program

(i) Federal government agencies

(ii) State agencies

(iii) Cities and towns

(iv) Counties

(v) Special Improvement Districts

([3]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))

([4]3) Centennial Non-Motorized Paths and Trail Crossings Program

(i) State agencies

(ii) Cities and towns

(iii) Counties

 

R651-301-4. Fiscal Assistance Program Requirements.

(a) 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) Riverway Enhancement fiscal assistance must be along a river or stream that is impacted by high density population or is prone to flooding.

(d)](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.

([e]d) Program funds may be used for land acquisition, development, and planning. Off-highway vehicle funds may also be used for operation and maintenance. No administrative or indirect costs are allowed.

([f]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 [120]sixty (60) days.

([g]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]h) 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.

 

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 [programs]projects for the [Riverway Enhancement and Non-Motorized ]Trails and Pathways [p]Program[s] 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[p]Planning.

 

KEY: recreation, fiscal, assistance

Date of Enactment or Last Substantive Amendment: [May 19, 2003]March 10 2008

Notice of Continuation: July 26, 2007

Authorizing, and Implemented or Interpreted Law: 63-11a-501[; 63-11-17.8]