Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
State allocation.
Preliminary allocations to the states are usually released
approximately 30 days following the beginning of a fiscal year. The final
amount available for state use is amended in the last quarter of the fiscal
year. However, later adjustments in the state allocation may subsequently be
made by the bureau to reflect the actual receipts in the fund.
Subp. 2.
Distribution of
state allocation.
Minnesota Statutes 1967, section 86.71, subdivision 4,
provides that 50 percent of the state allocation be distributed for projects to
be acquired, developed, and maintained by local units of government. The
remaining 50 percent will be made available to state agencies. This law further
provides that "any guidelines established by the state for distribution of
moneys made available to the state under subdivision 1 shall, after July 1,
1967, be distributed on a statewide and regional priorities basis other than a
formula based on population and land areas."
Subp. 3.
Submission of project
proposals.
Submission of project proposals:
A. The programming or scheduling of projects
for funding from the local government share of the state allocation for each
fiscal year following July 1, 1967, will be accomplished by the review and
evaluation of all project proposals in the hands of the state agency on or
before November 15 and May 15, or the nearest workday should these dates fall
on Saturday or Sunday. Project proposals from state agencies will likewise be
reviewed and evaluated if in hand on or before September 15 and March 15 or on
the nearest workday.
B. Each
applying agency will certify by accompanying letter or statement that they have
the financial authority and capability to support 100 percent of an acquisition
or 75 percent of a development project until reimbursement is
received.
C. Projects programmed by
the state agency and recommended to the bureau normally require about four
months after date submitted for bureau action.
D. Any state agency, county, municipality, or
other local public entity in Minnesota may submit project proposals to acquire
land for outdoor recreational purposes, or for the development of such acquired
area, or on areas now held under an acceptable title in fee or an acceptable
leasehold.
Local units of government will submit the project proposals,
on forms as prescribed by the state agency for acquisition projects or for
development projects, with the required attachments.
State agencies will submit their project proposals using
forms as presented by the federal Bureau of Outdoor Recreation for acquisition
projects and for development projects, along with the required
attachments.
The required attachments for all project proposals shall
consist of the following: a preliminary site plan, drawn to scale and showing
the area boundary, and any development, both existing or planned by appropriate
symbol, must accompany a proposal. Acquisition proposals will list each
individual ownership as a parcel. These parcels should be indicated on the site
map. The size of the map should not be larger than necessary to show the
required detail. Proposals covering programmed projects will be prepared and
submitted to the bureau by the state agency.
Subp. 4.
Local plan.
Local plan:
A.
Projects proposed by local units of government or state agencies are subject to
review and coordination by the state agency (Minnesota Statutes 1967, section
86.71, subdivision 3.) Local projects must be a part of a comprehensive outdoor
recreation plan (preferably part of a coordinated land use plan) for the county
or an established regional authority, and must be a part of the five-year
action program of such a plan after January 1, 1969. (Minnesota Statutes 1967,
section 86.71, subdivision 4.) Counties or an established regional authority
not having a comprehensive plan in which outdoor recreation is a planning
element, may prepare an interim outdoor recreation plan for the review by the
State Planning Agency and the state agency. Such a plan must contain a
five-year action program for acquisition and development which covers the
entire county area and all jurisdictions therein, and which is approved by the
county board.
B. Projects will be
rated by the county or regional authority as to priority in the county or
regional action program. Only local projects having top priority will be
considered by the state agency for funding.
C. On a statewide or regional basis, the
state agency will program for funding those projects included in the highest
priority groups of the state plan first.
Subp. 5.
Local review of project
proposals.
Local review:
A. Any
project proposal to be submitted to the Legislative Advisory Committee for
state natural resource assistance subsequent to bureau approval must be
reviewed by the county board and the county planning committee of the regional
planning committee if such a committee has been established. (Minnesota
Statutes 1967, section 86.75.) Local review of all project proposals, and not
just those enumerated, is desirable and in the best interest of good planning
and programming. Such local review will provide adequate intracounty
coordination, and where regional planning authority exists, adequate
intercounty coordination. The review comments may be presented to the state
agency by letter or copy of a resolution signed by the board or committee
chair.
B. Laws of Minnesota 1967,
chapter 896, provides for a review of land and water conservation fund
applications by the Metropolitan Council, when such a review is required by
federal law or by the federal agency. Pursuant to President's Executive Order
11237 and Public Law 89.754 (80 Statutes at Large 1263) the federal government
requires such a review when the application concerns acquisition of land in
metropolitan areas such as the seven-county metropolitan area. The council's
review will be such as is required by law with respect to planning and
programming. The council's recommendations will accompany the preliminary
proposal when filed with the state agency for program review.
Subp. 6.
State agency
evaluation.
All of the preliminary proposals received 30 days prior to a
semiannual programming date will be evaluated by that date. Applications will
either be submitted to the bureau for approval, held for future action, or
disqualified if the project does not meet the standards herein established. The
applicant will be duly notified by letter of the state agency's action. The
standards against which a proposed project will be weighed are as
follows:
A. The project must meet the
qualifications for an outdoor recreation project established by the Land and
Water Conservation Fund Act and the regulations of the Bureau of Outdoor
Recreation.
B. The project must be
consistent with the currently accepted state comprehensive outdoor recreation
plan.
C. Total cost for each
proposed project will be in excess of $5,000. Administration cost at a local,
state, and federal level for a smaller project would be excessive.
D. The project proposal must receive a high
priority as judged using state criteria in parts 6100.7000 to
6100.7300.
E. All applicants will
certify that if the grant is approved they will have the capability of
financing 100 percent of an acquisition project and at least 75 percent of a
development project until reimbursement from the fund is received. Applicants
will also certify as to their financial and organizational ability to maintain
and administer the project if a grant were provided.
Statutory Authority: MS s
86.71