California Code of Regulations
Title 14 - Natural Resources
Division 3 - Department of Parks and Recreation
Chapter 15 - Off-Highway Motor Vehicle Recreation Grants and Cooperative Agreements Program Regulations
Article 1 - General Provisions
Section 4970.05.1 - General Application Requirements

Universal Citation: 14 CA Code of Regs 4970.05.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The Grants and Cooperative Agreements Program Regulations - Appendix (Rev. 1/22) (hereinafter Appendix) and all of its contents and subsequent revisions adopted through the rulemaking process are hereby incorporated by reference.

(b) Applications shall establish how each proposed Project is directly related to OHV Recreation in the Project Area specified in the Application. Proposed Projects will be screened by the OHMVR Division prior to scoring. Those Applications that do not establish a direct relation to OHV Recreation shall be rejected.

(c) Subject to the discretion of the OHMVR Division as specified in Section 4970.07.2, any Application determined by the OHMVR Division to be non-compliant with these requirements may be disqualified.

(d) Each Applicant may submit only one (1) Application for each Grants Cycle. The Application may contain multiple Projects.

(e) Applicants shall undertake a public review process of their Application and complete the Public Review Process (Rev. 1/21) form (refer to Appendix, incorporated by reference).

(1) All preliminary Applications shall be available on the Division Website the day following the Application deadline for public review and comment.

(2) Applicant shall notify the public of the opportunity to review and comment on the preliminary Application no sooner than the start of the current Grants Cycle and no later than the first Tuesday following the first Monday in March. The notice shall include instructions for accessing the Division Website for Application review and public comments. Public notification efforts shall include at least one of the following:
(A) Notice mailed and/or emailed to those persons the Applicant determines most likely to have an interest in or be affected by the Application, and to those who have requested notice,

(B) Publication on Applicant's website,

(C) Publication in local newspaper,

(D) News release,

(E) Public meeting or hearing conducted by the Applicant, held either in-person or virtual.

(3) Public comments shall be submitted to the Applicant and the OHMVR Division.

(4) Public comments shall be received no later than 5:00 pm Pacific standard time on the first Monday in May.

(f) All Applicants shall provide matching funds or the equivalent value of services, or material, in an amount not less than twenty-five percent (25%) of the total Project cost as identified on the Project Cost Estimate (Rev. 1/11) (refer to Appendix, incorporated by reference), except for the category of Restoration, which shall not be less than ten percent (10%) of the total Project cost.

(1) All items of expense applied towards match must directly further the activities and Deliverables described in the Project Application and be accomplished with funding through a Project Agreement and shall be documented the same as any other item of expense.

(2) The same match expenses shall not be duplicated for multiple Projects.

(3) Cash value for volunteer time shall be determined using, and shall not exceed, the Independent Sector California volunteer hourly time rate as of the start of the Grants Cycle for which the cost is being requested. Information on the Independent Sector California volunteer hourly time rate can be found on the Division Website.

(4) Cash value for salaried employee time shall be based on the agency's hourly reimbursement rate for the classification.

(5) Any item of expense that would be eligible as a Project cost is also eligible as a match.

(g) All Applicants shall provide a Project Cost Estimate (Rev. 1/11) (refer to Appendix, incorporated by reference) for each requested Project.

(h) All Applicants shall complete the Equipment Inventory (Rev. 1/22) (refer to Appendix, incorporated by reference) that includes an inventory of all Equipment and trailers acquired with funds from this Grants program and still in use.

(i) All Applicants, except those applying solely for law enforcement, shall complete the Applicant Certifications.

(j) Additional requirements within the Appendix, incorporated by reference, shall be completed as applicable.

(k) An Applicant applying for a Grant involving activities on any public lands not managed by the Applicant shall include written permission from the Land Manager authorizing the Applicant to conduct the proposed Project.

(1) The written permission must be on the Land Manager's letterhead and signed by the authorized representative of the Land Manager.

(2) The written permission shall contain a current signature and date. The date of required letter must not be more than six (6) months prior to the beginning of the Grants Cycle for that Project in which the Project will be applied for and no later than the preliminary Application submission date.

(3) The written permission must specifically identify the proposed Project(s) and a description of how the Project(s) fits with the land management goals of the area.

(l) All city, county and District Applicants shall submit a governing body resolution providing approval to receive Grant funding from the OHV Trust Fund.

(m) All Applicants shall comply with the environmental application requirements contained in Sections 4970.06.1, 4970.06.2 and 4970.06.3.

(n) Certified community conservation corps shall provide the official certification letter received from the California Conservation Corps indicating certification status.

(o) An Applicant under Departmental, local government, or Attorney General investigation for a violation of these regulations, use of documented unsound business practices, or under allegations of fraud, may not submit an Application until and unless the investigation is complete and any monies have been repaid.

1. Renumbering and amendment of former section 4970.05 to new section 4970.05.1 filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
2. Amendment of subsection (a), (h), (m) and (n) filed 12-27-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.

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