Current through Register Vol. 48, No. 38, September 20, 2024
a) Any property acquired through assistance
from the Illinois OLT grant program must be open to the public for outdoor
natural resource related recreation purposes unless the Department determines
that public accessibility would be detrimental to the real property or any
associated natural resources. Land acquired with funding assistance from the
OLT program shall be operated, managed and maintained for the purposes
identified in the grant application in perpetuity unless otherwise approved by
the Department. No real property acquired with grant funds may be sold, leased,
exchanged, or otherwise encumbered, unless it is used to qualify for a federal
program, or, subject to Department approval, is transferred to the federal
government, the State, or a unit of local government for a compelling public
purpose. Approval for property conversion may be granted by the Department if
the project sponsor substitutes replacement property of equal fair market
value, natural resource value and comparable outdoor recreation usefulness,
quality and location.
b) An
appraisal must be provided by the sponsoring agency and submitted to the
Department for review to establish the property's fair market value. The
appraisal must be completed to Department specifications.
c) The local project sponsor is required to
enter into an 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.
d) Upon project completion, the project
sponsor must submit a project billing request (expenditure statement)
listing/verifying all 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;
and
3) copies of canceled checks
showing proof of payment to seller.
e) Financial records on approved projects
must be maintained and retained by the project sponsor for possible State audit
for a period of five years after final reimbursement payment is made by the
Department.
f) The sponsoring
agency must permanently post an OLT grant 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.
g) Projects assisted
with OLT grant funds shall be implemented in accordance with all applicable
federal, State and local laws, ordinances and regulations relating to public
agency expenditure of funds for public works projects.
h) A final acceptance of the completed
project must be made by a representative or agent of the Department prior to
final payment of grant reimbursement to the project sponsor. Acceptance by the
Department will be subject to completion of all action required of the local
sponsor as indicated in this Part.
i) The sponsoring agency shall convey to the
Department at no charge a conservation easement on the lands acquired with OLT
assistance.
j) The sponsoring
agency must comply with and abide by the following operation and maintenance
provisions:
1) All lands assisted with OLT
funds shall be continuously operated and maintained by the sponsoring agency in
a safe and attractive manner at no cost to the Department and be operated and
utilized in such a manner as to maximize the intended benefits to and for the
public.
2) The Department shall
have access to OLT-assisted lands at all times for inspection purposes to
ensure the project sponsor's continued compliance with this Part.
3) The sponsoring agency may enter into a
contract or agreement with responsible concessionaires to operate and/or
construct facilities desired by the public and the sponsoring agency that are
important for enjoyable and convenient natural resource based recreation. Any
and all concession revenue in excess of the costs of operation and maintenance
of the OLT lands and/or facilities shall be used for the improvement of those
lands or facilities or similar nearby public facilities. All licenses entered
into by the sponsoring agency with third persons relating to accommodations or
concessions to be provided for or at the OLT facility for benefit of the public
shall be submitted to the Department for its approval prior to the license
being entered into or granted by the sponsoring agency.
4) The project sponsor shall receive approval
from the Department prior to initiating any development on OLT assisted lands.
Approval will be limited to those facilities that are necessary for enjoyable
and convenient natural resource related recreation.
k) Conflict of Interests
1) No official or employee of the local
political subdivision who is authorized in his official capacity to negotiate,
make, accept, or approve or to take part in decisions regarding a contract or
subcontract in connection with an approved OLT grant project shall have any
financial or other personal interest in any such contract or
subcontract.
2) No person
performing services for the local political subdivision in connection with an
approved OLT grant 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 OLT grant project.
No officer or employee of such person retained by the local political
subdivision shall have any financial or other personal interest in any real
property acquired under an approved OLT grant project unless that interest is
openly disclosed upon the public records of the local political subdivision and
that officer, employee or person has not participated in the acquisition for,
or on behalf of, the local political subdivision.
l) 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
105/16] .
m) 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.
n) Program Violations and Project Termination
1) The State will unilaterally rescind
project agreements at any time prior to the commencement of the project in the
event that State funds are not appropriated for the grant program. After
project commencement, agreements may be rescinded, modified or amended only by
mutual agreement with the local political subdivision. A project shall be
deemed to be commenced when the local political subdivision makes any
expenditure or incurs any obligation with respect to the project.
2) Failure by the local sponsoring agency to
comply with any of the program terms listed in this Section shall be cause for
the suspension of all grant assistance obligations, unless, in the judgement of
the Department, the failure was due to no fault of the local sponsoring agency
(e.g., statutory changes, acts of God).
