Current through Register Vol. 48, No. 12, March 22, 2024
a) The
local project sponsor is required to enter into a grant project agreement with
the Department for an amount agreed upon as necessary to complete the approved
project, specifying the related grant reimbursement amount and program
compliance regulations.
b) Grant
funds allocated by the Department to a local project sponsor under the Federal
Land and Water Conservation Fund program shall be expended in accordance with
all applicable federal and State statutes.
c) Property acquired with funding assistance
from the LWCF program shall be operated and maintained in perpetuity for public
outdoor recreation use as set forth in this Part and the LWCF Act. Property
acquired with LWCF assistance may not be converted to a use other than public
outdoor recreation use as provided in this Part and 36 CFR 59 (2001; no
incorporation by reference in this Part includes later amendments or editions)
without Department and NPS approval. Approval for property conversion will be
granted in accordance with the LWCF Program ( 36 CFR 59 ).
d) The acquisition cost or fair market value
of real property acquired with LWCF assistance shall be based on an independent
appraisal completed by a State licensed/certified general appraiser and
submitted to the Department by the local project sponsor. The appraisals will
be reviewed by the Department for acceptance and compliance with standard
federal appraisal guidelines.
e)
Upon project completion, the project sponsor must submit a certified project
billing request (expenditure statement) listing/verifying all property acquired
and funds expended on the project for which grant reimbursement is sought, as
well as required billing documentation, as follows:
1) proof of good faith negotiations or fair
market value offer to land seller;
2) copy of property deed and title insurance
policy showing ownership transferred to the local project sponsor (or Judgment
Order in the case of eminent domain); and
3) proof of payment to seller.
f) Eligible Project Costs
Project costs eligible for grant assistance shall be determined
upon the basis of the criteria set forth in the federal Land and Water
Conservation Fund Grants-in-Aid (U.S. Department of the Interior, National Park
Service "LWCF Grant Manual" Release #151, dated December 9, 1991) and DNR's
OSLAD/LWCF Local Participation Manuals.
g) Project Termination
1) The State may unilaterally rescind project
agreements at any time prior to project commencement if federal funds are
rescinded. After project commencement, agreements may be rescinded, modified,
or amended only by mutual agreement with the local project sponsor. A project
shall be deemed commenced when the local political subdivision makes any
expenditure or incurs any obligation with respect to the project.
2) Failure by the local project sponsor to
comply with the terms of the Land and Water Conservation Fund program or to
make satisfactory progress in completing the approved project per terms of the
signed grant agreement shall be cause for the suspension of all of DNR's
obligations under the agreement.
3)
Failure by the project sponsor to comply with the terms of the grant agreement
shall not be cause for the suspension of all Land and Water obligations if, in
the judgment of the Director, the failure was due to no fault of the local
project sponsor.
h)
Conflict of Interests
1) No official or
employee of the project sponsor who is authorized in his official capacity to
negotiate, make, accept, or approve or to take part in such decisions regarding
a contract or subcontract in connection with an approved Land and Water project
shall have any financial or other personal interest in any such contract or
subcontract.
2) No person
performing services for the local project sponsor in connection with an
approved Land and Water project shall have a financial or other personal
interest, other than his employment or retention by that local political
subdivision, in any contract or subcontract in connection with an approved Land
and Water project. No officer or employee of a person retained by the local
support sponsor shall have any financial or other personal interest in any real
property acquired under an approved Land and Water project unless that interest
is openly disclosed upon the public records of the local project sponsor, and
such officer, employee or person has not participated in the acquisition for or
on behalf of the local support sponsor.
i) Financial Records
The local project sponsor shall maintain legible financial
accounts, documents, and records that accurately support project costs claimed
for grant reimbursement, and shall make them available to the Director, NPS,
the federal Department of the Interior, and to the U.S. General Accounting
Office for auditing during regular business hours. The accounts, documents, and
records shall be retained by the local political subdivision for five years
following project termination.
j) Use of Facilities
1) The project sponsor shall not at any time
convert any property acquired through the LWCF program to other than the public
outdoor recreation uses specified in the project proposal without approval of
the Department and Director of NPS (per 36 CFR 59 ).
2) The project sponsor shall operate and
maintain, or cause to be operated and maintained, property or facilities
acquired through the LWCF program in the manner and according to the standards
set forth in the federal Land and Water Grants-in-Aid Manual.
3) The project sponsor may enter into a
contract or agreement with responsible concessionaires to operate and/or
construct facilities, for dispersing food to the public and/or any other
services as may be desired by the public and the sponsoring agency for
enjoyable and convenient use of the LWCF-assisted site. Any and all concession
revenue in excess of the costs of operation and maintenance of the LWCF lands
and/or facilities shall be used for the improvement of those lands or
facilities or similar nearby public facilities. All sub-leases or licenses
entered into by the sponsoring agency with third persons relating to
accommodations or concessions to be provided for or at the LWCF facility for
benefit of the public shall be submitted to the Department, upon request, for
its approval prior to the sub-lease or license being entered into or granted by
the sponsoring agency.
k) Nondiscrimination
1) The local project sponsor shall not
discriminate against any person on the basis of race, color, national origin,
handicap or age in the use of any property or facility acquired with LWCF grant
assistance.
2) The local political
subdivision shall comply with 36 CFR 59, promulgated by the U.S. Secretary of
the Interior.
3) The local
political subdivision shall not discriminate against any person on the basis of
residence, except to the extent that reasonable differences in admission or
other fees may be maintained on the basis of residence. Reasonable differences
shall mean that fees charged to non-residents cannot exceed twice the amount
charged to residents. When residents are not charged, but non-residents are
charged, the non-resident fee cannot exceed fees charged for residents at
comparable State or local public facilities having a fee system.
l) The local project sponsor shall
permanently post an LWCF acknowledgment sign at the project site. The necessary
sign will be provided by the Department or specifications for its construction
will be furnished to the local project sponsor, if requested.
m) Projects assisted with LWCF grant funds
shall be implemented in accordance with all applicable federal, State and local
laws, ordinances and regulations pertaining to the public
expenditures.
n) The sponsoring
agency shall indemnify, protect, defend and hold harmless the Department from
any and all liability, costs, damages, expenses, or claims arising under,
through or by LWCF-assisted facilities.
o) In connection with and prior to the
construction, and the subsequent operation and maintenance, of LWCF-assisted
facilities, the project sponsor is responsible for obtaining any and all
necessary construction permit, licenses or forms of consent required by law.
Failure to obtain any required permits may jeopardize approved grant
funding.
p) The Department shall
have access to LWCF-assisted facilities at all times for inspection purposes to
ensure the project sponsor's continued compliance with this Part.
q) The project sponsor shall certify that it
provides a drug free workplace and related employee assistance as defined and
required by the Drug Free Workplace Act [30 ILCS 105 ].
r) Pursuant to
775
ILCS 5/2-105(a)(4), the project
sponsor shall certify that it has a written sexual harassment policy that
includes, at a minimum, the following information:
1) the illegality of sexual
harassment;
2) the definition of
sexual harassment under State law;
3) a description of sexual harassment,
utilizing examples;
4) the
contractor's internal complaint process, including penalties;
5) the legal recourse, investigation and
complaint process available through the Illinois Department of Human Rights and
the Human Rights Commission and directions on how to contact both;
and
6) protection against
retaliation as provided by Section 6-101 of the Illinois Human Rights Act
[775 ILCS
5/6-101 ]. A copy of the policy shall be provided to
the Department of Human Rights upon request.
