Current through Register Vol. 30, No. 52, December 27, 2024
A. The Department, in its sole discretion,
may make Heritage Fund Grants available for projects that:
1. Are located in Arizona or benefit Arizona
wildlife or its habitat; and
2.
Meet the criteria established in the Heritage Grant application
materials.
B.
The
Department shall:
1. Provide public notice of
the time, location, and due date for application submission; and
2. Furnish materials necessary to complete
the application.
C. An applicant seeking
Heritage Grant funding shall submit to the Department a Heritage Fund Grant
application according to a schedule of due dates determined by the Director. An
applicant shall provide the following information on the Heritage Grant
application form:
1. The name of the
applicant;
2. Any county and
legislative district where the project will be developed or upon which the
project will have a direct impact;
3. The name, title, mailing address, e-mail
address, and telephone number of the individual responsible for the day-today
management of the proposed project;
4. Identification of the application
criterion established in the Heritage Grant application materials;
5. A descriptive project title;
6. The name of the site, primary location,
and any other locations of the project;
7. Description of the:
a. Scope of work and the objective of the
proposed project,
b. Methods for
achieving the objective, and
c.
Desired result of the project;
8. The beginning and ending dates for the
project;
9. The resources needed to
accomplish the project, including grant monies requested, and, if applicable,
evidence of secured matching funds or contributions; and
10. Any additional supporting information
required by the Department.
11.
Signature and date. The person signing the grant application form shall have
the authority to enter into agreements, accept funding, and fulfill the terms
of the Grant Agreement on behalf of the applicant.
D. A person applying for multiple projects
shall submit a separate application for each project.
E.An applicant
shall demonstrate ownership or control of the project. Ownership or control may
be demonstrated through fee title, lease, easement, or agreement. For all other
project types related to sites not controlled by an applicant, an applicant
shall provide written permission from the property owner authorizing the
project activities and access. The applicant's proof of ownership or control or
written permission shall demonstrate:
1.
Permission for access is not revocable at will by the property owner,
and
2. Public access will be
granted to the project site for the life of the project, unless the purpose of
the project proposal is to limit access.
F. Heritage Grant proposals are competitive
and the Department shall make awards based on a proposed project's
compatibility with the priorities of the Department, as approved by the
Commission.
G. The Department may
require an applicant to modify the application prior to awarding a Heritage
Grant, if the Department determines that the modification is necessary for the
successful completion of the project.
H. When applicable, the Department shall not
release Heritage Grant funds until after the Department has consulted with the
State Historic Preservation Office regarding the proposed project's potential
impact on historic and archaeological properties and resources.
I.The Department shall notify an applicant in writing
of the results of the applicant's submission and announce Heritage Grant awards
at a regularly scheduled open meeting of the Commission.
J. A participant shall:
1. Sign the Grant Agreement before the
Department transfers any grant funds.
2. Deposit transferred Heritage Grant funds
in a dedicated account carrying the name and number of the project. In the
event the funds are deposited in an interest-bearing account, any interest
earned shall be:
a. Used for the purpose of
furthering the project, with prior approval from the Department; or
b. Remitted to the Department upon completion
of the project.
3. Complete the
project as specified under the terms and conditions of the Grant
Agreement.
4. Use awarded Heritage
Grant funds solely for the project described in the application and as approved
by the Department.
5. Bear full
responsibility for performance of its subcontractors to ensure compliance with
the Grant Agreement.
6. Pay all
costs associated with the operation and maintenance of properties, facilities,
equipment, services, publications, and other media funded by a Heritage Grant
for the term of public use as specified in the Grant Agreement.
7. Submit records that substantiate the
expenditure of Heritage Grant funds. In addition, each participant shall retain
and shall contractually require each subcontractor to retain all books,
accounts, reports, files, and any other records relating to the acquisition and
performance of the contract for a period of five years from the end date of the
project period. The Department may inspect and audit participant and
subcontractor records as prescribed under A.R.S. §
35-214.
Upon the Department's request, a participant or subcontractor shall produce a
legible copy of these records.
8.
Allow Department employees or agents to conduct inspections and reviews:
a. To ensure compliance with all terms and
conditions established under the Grant Agreement.
b. Before release of the final
payment.
9. Give public
acknowledgment of Heritage Fund grant assistance for the term of public use of
a project. If a project involves acquisition of property, development of public
access, or renovation of a habitat site, the participant shall install a
permanent sign describing the funding sources. The participant may include the
cost of this signage as part of the original project. The participant is
responsible for maintenance or replacement of the sign as required. For other
project types, the participant shall include Heritage Fund grant funding
acknowledgment on any publicly available or accessible products resulting from
the project.
K.A participant shall not:
1. Begin a project described in the
application until after the grant effective date.
2.
Use Heritage
Grant funds for the purpose of producing income unless authorized by the
Department. A participant shall use all income generated to further the purpose
of the approved project or surrender the income to the original funding
source.
3. Comingle Heritage Grant
funds with any other funds.
4. Use
Heritage Grant funds to pay the salary of any public agency employee. A
participant may use a public agency's employee's time as in-kind match for the
project specified in the Grant Agreement.
L. The parties may amend the terms of the
Grant Agreement by mutual written consent. The Department shall prepare any
approved amendment in writing, and both the Department and the Grantee shall
sign the amendment.
M. The
Department and the participant may amend the Grant Agreement during the project
period. A participant seeking to amend the Grant Agreement shall submit a
written request that includes justification to amend the Grant Agreement.
The Department shall prepare any approved amendment in
writing and both the Department and the participant shall sign the
amendment.
N. A participant
shall submit project status reports, as required in the Grant Agreement. If a
participant fails to submit a project status report, the Department may not
release any remaining grant monies until the participant has submitted all past
due project status reports. The project status report shall include the
following information, as applicable:
1.
Progress in completing approved work;
2. Itemized, cumulative project
expenditures;
3. A financial
accounting of:
a. Heritage Grant
Funds,
b. Matching funds,
c. Donations, and
d. Income derived from project
funds;
4. Any delays or
problems that may prevent the on-time completion of the project; and
5. Any other information required by the
Department.
O. At the
end of the project period and for each year until the end of the term of public
use, a participant shall:
1. Certify
compliance with the Grant Agreement, and
2. Complete a post-completion report form
furnished by the Department.
P. Upon
completion of approved project elements, if a balance of awarded Heritage Grant
funds remains, the participant may:
1. Use
the unexpended funds for an additional project consistent with the original
scope of work, when approved by the Department; or
2. Surrender the unexpended funds to the
Department.
Q. Upon
completion of the project a participant shall:
1. Surrender equipment with an acquisition
cost of more than $500 to the Department upon completion, or
2. Use equipment purchased with Heritage
Grant funds in a manner consistent with the purposes of the Grant Agreement.
R. A participant may
request an extension beyond the approved project period by writing to the
Department.
1. Requests for an extension shall
be submitted by the participant no later than 30 days before the end of the
project period.
2. If approved, an
extension shall be signed by both the participant and the Department.
S. A participant that has a
Heritage Grant funded project in extension shall not apply for, nor be
considered for, further Heritage Grants until the administrative subunit's
project under extension is completed.
T. In addition, the Department may
administratively extend the project period for good cause such as, but not
limited to, inclement weather, internal personnel changes, or to complete the
final closure documents.
U. A participant
that failed to comply with the terms and conditions of a Grant Agreement shall
not apply for, nor be considered for, further Heritage Grants until the
participant's project is brought into compliance.
V. If a
participant is not in compliance with the Grant Agreement, the Department may:
1. Terminate the Grant Agreement,
2. Seek recovery of grant monies awarded,
and
3. Classify the participant as
ineligible for Heritage Fund Grants for a period of up to five years.
