No. 32095 (Amendment): R651-301. State Recreation Fiscal Assistance Programs

DAR File No.: 32095
Filed: 10/30/2008, 12:02
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

H.B. 97 was passed (2007 General Session) and this bill modified the Motor Vehicle Code by creating a volunteer contribution check-off on motor vehicle registrations to provide funding to protect access to public lands by motor vehicle and off-highway vehicle users, and to educate the public concerning appropriate off-highway vehicle uses. It established the Off-Highway Vehicle Access and Education Restricted Account, and instructed the board of Parks and Recreation to establish rules pertaining to the disbursement of funds allocated from that account. It established specific requirements for organizations qualified to receive funds from this account, and parameters within which the funding may be used. (DAR NOTE: H.B. 97 (2007) is found at Chapter 299, Laws of Utah 2007, and was effective 10/01/2007.)

Summary of the rule or change:

This amendment establishing the new accounts and amending the code will help to provide funding to protect access to private lands by motor vehicle and off-highway vehicle users; educate the public on how to properly use their vehicles; and establish a special account to collect and dispense funds to qualified organizations using parameters where the funding may be used.

State statutory or constitutional authorization for this rule:

Sections 41-22-35 and 63-11-17

Anticipated cost or savings to:

the state budget:

This rule amendment establishes a process for dispensing grant funds. There is no anticipated cost or savings to the state budget as a result of this amendment.

local governments:

Since this applies only to the process for dispensing of state grant funds, there is no anticipated cost or savings to local government.

small businesses and persons other than businesses:

No cost to small businesses as this is a process, not a product so there will be no effect on small businesses.

Compliance costs for affected persons:

Entities qualifying for grants under this change (501(c)(3) organizations) stand to benefit because of the funds awarded in the grant. Funds awarded to these organizations will likely exceed $15,000 per year.

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

There should be no fiscal impact on businesses from this rule change. 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:

12/15/2008

This rule may become effective on:

12/22/2008

Authorized by:

Mark Forbes, Deputy Director (Legislation)

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) Trails and Pathways

(2) Off Highway Vehicles

(3) 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.

 

R651-301-3. 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, a[A]ll 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.

([h]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.

 

KEY: recreation, fiscal, assistance

Date of Enactment or Last Substantive Amendment: [March 10, 2008]December 22, 2008

Notice of Continuation: July 26, 2007

Authorizing, and Implemented or Interpreted Law: 63-11a-501