Current through Reg. 50, No. 187; September 24, 2024
The following constitute procedures for administration of
program grants.
(1) PROJECT AGREEMENT.
After approval of the funding list by the Secretary and execution of the NPS
and State project agreement, the Department and grantee shall enter into a
project agreement which sets forth the responsibilities and duties of each
regarding administration of the approved project, which shall be based on the
Manual, this Part, and the Project's particular needs.
(2) PAYMENT BASIS. Grantees are paid approved
program funds by the Department subject to the following conditions:
(a) Project Costs. Payment of project costs
are made if eligible as provided for in the Manual, this Part and the project
agreement. Costs shall be incurred between the effective date of, and the
project completion date identified in, the project agreement, except for
preagreement costs as stated in the project agreement. If the total cost of the
project exceeds the grant and required match, the grantee must pay the
additional cost.
(b) Costs Limits.
Project planning expenses for development projects such as architectural and
engineering costs, permitting fees, and project inspection fees are eligible
project costs, provided that such costs do not exceed 15 percent of the project
cost. Such costs shall only be incurred between the effective date of, and the
project completion date identified in, the project agreement.
(c) Retention. For development projects, the
Department shall retain 10 percent of the grant award until the grantee
completes the project and staff approves the completion documentation set forth
in subparagraph 62D-5.073(7)(e)
2., F.A.C., of this part.
(3) ACCOUNTABILITY. The following procedures
shall govern the accountability of program funds:
(a) Accounting System: Each grantee is
responsible for maintaining an accounting system which meets generally accepted
accounting principles and for maintaining financial records to properly account
for all program and matching funds.
(b) Grant Accountability Procedure. The
grantee shall also meet the requirements of the Division's Grant Accountability
Procedure, effective January 23, 1997, incorporated by reference and available
from the Department's Division of Recreation and Parks, 3900 Commonwealth
Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000,
(850)488-7896.
(4)
REVERTED PROJECT FUNDS. If any funds awarded during a funding cycle are not
used and become available before termination of the federal fiscal year for
which appropriated, the Department may apply the funds in priority order to
unfunded program applications remaining on the current priority
lists.
(5) PROJECT COMPLETION
CERTIFICATION. The grantee shall submit to the Department a Project Completion
Certificate, FPS-A049, 7-15-01, available from the Department's Division of
Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585,
Tallahassee, Florida 32399-3000, (850)488-7896.
(6) ACQUISITION PROJECTS. The following
constitute the specific procedures for administration of acquisition projects:
(a) Grant Period. The grantee shall have up
to one year from the effective date of the project agreement to complete the
project, unless extended by the Department staff for good cause, such as
financial hardship, public controversy, or factors beyond the grantee's
control, upon written request of the grantee.
(b) Ownership. Title to land acquired with
program funds shall vest in the grantee.
(c) Procurement. The grantee shall purchase
the property according to sections 640.1.2 and .3; 650.4 and .7; 670.1 and .3;
and 675.2 of the Manual.
(d)
Assumption of Title. The grantee may not purchase the property acquired with
LWCF funds until the project agreement is fully executed and Department staff
approves the commencement documentation required by paragraph
62D-5.073(6)(g),
F.A.C., unless otherwise specified in this part.
(e) Total Grant Award. The total grant
payment is based on the project cost, negotiated purchase price, or approved
appraised value, whichever is lowest. If the negotiated purchase price or
approved appraised value is greater than the project cost, the grantee must pay
the additional cost.
(f) Site
Development. The grantee shall have up to three years from completion date set
forth in the project completion certificate to develop the property unless
extended by staff for good cause, such as financial hardship, public
controversy, material shortage, unfavorable weather conditions, or factors
beyond the grantee's control, upon written request of the grantee.
(g) Commencement Documentation. Prior to
commencement of acquisition procedures, the grantee shall submit for Department
staff approval the documentation described in the Land and Water Conservation
Fund Program Required Project Commencement Documentation Form, FPS-A050,
7-15-01, hereby incorporated by reference and available from the Department's
Division of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station
#585, Tallahassee, Florida 32399-3000, (850)488-7896.
(h) Completion Documentation. After
completion of acquisition procedures and prior to final reimbursement, the
grantee shall submit for Department staff approval the documentation described
in the Land and Water Conservation Fund Program Required Project Completion
Documentation Form, FPS-A051, 7-15-01, hereby incorporated by reference and
available from the Department's Division of Recreation and Parks, 3900
Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000,
(850)488-7896.
(7)
DEVELOPMENT PROJECTS. The following constitutes the specific procedures for
administration of development projects:
(a)
Grant Period. The grantee shall have up to three years from the effective date
of the project agreement to complete the project, unless extended by Department
staff for good cause, such as financial hardship, public controversy, material
shortage, unfavorable weather conditions, or factors beyond the grantee's
control, upon written request of the grantee.
(b) Procurement of Goods and Services. The
grantee shall secure all goods and services for accomplishment of the project
according to its adopted procurement procedures and applicable federal
requirements identified in section 675.3 of the Manual.
(c) Contracting Requirement. Any contractor
awarded a contract for construction of facilities under the grant must be
bonded and insured pursuant to section 675.3 of the Manual.
(d) Inspections. Department staff shall
perform an on-site inspection of the project site to ensure compliance with the
project agreement prior to release of the final grant payment.
(e) Commencement Documentation. Prior to
commencement of the project, the grantee shall submit for Department staff
approval the documentation described in the Land and Water Conservation Fund
Program Required Project Commencement Documentation Form, FPS-A050, 7-15-01,
hereby incorporated by reference and available from the Department's Division
of Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585,
Tallahassee, Florida 32399-3000, (850)488-7896.
1. Permitting Certification. The grantee
shall submit to the Department a Land and Water Conservation Program Project
Permitting Certification, FPS-A052, 7-15-01, hereby incorporated by reference
and available from the Department's Division of Recreation and Parks, 3900
Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida 32399-3000,
(850)488-7896.
2. Completion
Documentation. Upon completion of the project and prior to release of the final
payment, the grantee shall submit for Department staff approval the
documentation described in the Land and Water Conservation Fund Program
Required Project Completion Documentation Form, FPS-A051, 7-15-01, hereby
incorporated by reference and available from the Department's Division of
Recreation and Parks, 3900 Commonwealth Boulevard, Mail Station #585,
Tallahassee, Florida 32399-3000,
(850)488-7896.
Rulemaking Authority
258.007 FS. Law implemented
258.004,
258.007,
375.021(4)
FS.
New 7-15-01.
