reglab/statecodes huggingface dataset:
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 2 - Project Types and Specific Application Requirements › Section 4970.10.1 - Ground Operations (GO)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose
Maintenance and/or Conservation of Facilities; compliance
					 with soil standards and HMP; and protection of natural and/or Cultural
					 Resources.
(b) Available
				  Funding
From the O&M category, at least seventy percent (70%)
					 of the funds will be available for GO Projects.
(c) Examples of Deliverables
GO Deliverables include, but are not limited to the
					 following:
(1) Maintenance of OHV
				  Opportunity including necessary rerouting of roads and trails to address
				  operational concerns,
(2) Facility
				  servicing, including, but not limited to painting, cleaning restrooms,
				  re-roofing, repairing of electrical systems, and maintaining kiosks,
(3) Regulatory and directional/trail
				  signs,
(4) Repaving existing
				  parking lots,
(5) Implementation of
				  best management practices including erosion and/or sediment control measures
				  and stream crossing improvements,
(6) HMP implementation including monitoring
				  the effectiveness of prior and ongoing Conservation activities, and
(7) Soil Conservation Plan
				  implementation.
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 2 - Project Types and Specific Application Requirements › Section 4970.10.2 - Development

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose
Construction of, or improvements to, Facilities to sustain
					 or enhance OHV recreational opportunity and experiences.
(b) Available Funding
From the O&M category, at least ten percent (10%) of
					 the funds will be available for Development Projects.
(c) Examples of Deliverables
Development Deliverables include, but are not limited to
					 the following:
(1) Trail and
				  trailhead/staging area construction,
(2) Access road and parking lot construction,
				  and/or the removal and replacement of pavement or a parking lot,
(3) Picnic, restrooms, kiosks, and camping
				  facilities construction,
(4)
				  Infrastructure for OHV related Facilities such as electricity, water, sewage
				  treatment,
(5) Conservation
				  practices with regard to environmental protection, and
(6) Discretionary rerouting of roads or
				  trails.
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 2 - Project Types and Specific Application Requirements › Section 4970.10.3 - Planning

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose
Development and preparation of plans for future Projects
					 which propose organization, Development, operation, Conservation and/or
					 maintenance to sustain long-term OHV Recreational use.
(b) Available Funding
From the O&M category, at least ten percent (10%) of
					 the funds will be available for planning Projects.
(c) Examples of Deliverables
Planning Deliverables include, but are not limited to the
					 following:
(1) Identifying trails or
				  other Facilities for OHV Recreation, including inventories and mapping of
				  roads, trails, and areas,
(2)
				  Developing a plan to protect and conserve soils, water, plants, animals, and/or
				  Cultural or other natural resources affected by OHV Recreation, and
(3) Preparing an OHV component of a
				  recreation management plan, OHV Plan, or the OHV portion of a general
				  plan.
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 2 - Project Types and Specific Application Requirements › Section 4970.10.4 - Acquisition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose
Secure interests in land to sustain and/or expand OHV
					 Recreation access and OHV Opportunities.
(b) Available Funding
From the O&M category, at least ten percent (10%) of
					 the funds will be available for acquisition Projects.
(c) Examples of Deliverables
Acquisition Deliverables include, but are not limited to
					 the following:
(1) Purchase of
				  right-of-way or easement,
(2) Lease
				  of twenty-five (25) years or more,
(3) Purchase of land in fee title,
(4) Purchase of an option, and
(5) Rights to use real property, such as
				  permits or licenses.
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 2 - Project Types and Specific Application Requirements › Section 4970.11 - Restoration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose
(1) To Restore or Repair habitat damaged by
				  either legal or illegal off-highway motor vehicle use.
(2) The goal of the Restoration Program is to
				  aid the return of natural resource systems to their natural state when:
(A) Unauthorized motor vehicle use has
				  damaged an area off limits to OHV Recreation;
(B) It is determined that areas shall be
				  closed because soil or HMP standards cannot be achieved while sustaining OHV
				  use;
(C) Areas formerly used by
				  motor vehicles for OHV Recreation have not been designated and authorized for
				  OHV use or;
(D) Natural resource
				  systems in areas affected by ongoing OHV Recreation require restoration to
				  sustain viable plant and wildlife species populations or other systems such as
				  watersheds.
(3)
				  Restoration Projects also include scientific and cultural studies regarding OHV
				  impacts and Restoration Planning efforts.
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 2 - Project Types and Specific Application Requirements › Section 4970.12 - Law Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Purpose
Provide financial assistance to local and federal agencies
					 for protection of life and property, including natural and Cultural Resources,
					 related to OHV Recreation and motorized access to non-motorized
					 recreation.
(b) Available
				  Funding
Twenty percent (20%) of the funds appropriated by the
					 Legislature for the Grants program shall be expended for law enforcement
					 Projects. These funds shall be allocated as follows:
(1) Forty percent (40%) for local law
				  enforcement Applicants,
(2) Thirty
				  percent (30%) for the U.S. Bureau of Land Management Applicants, and
(3) Thirty percent (30%) for the Patrol
				  Districts of the U.S. Forest Service.
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 2 - Project Types and Specific Application Requirements › Section 4970.13 - Education and Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Purpose
Provide public awareness for responsible OHV Recreation
					 and/or provide safety programs.
(b) Available Funding
Five percent (5%) of the funds appropriated by the
					 Legislature for the Grants program shall be expended for Projects within the
					 Education and safety category.
(c) The minimum and maximum funding requests
				  are as follows:
(1) The minimum Project
				  request shall be no less than $10,000, and
(2) The maximum request per Applicant is
				  $200,000 within the Education and safety category.
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 3 - Application Evaluation System and Funding › Section 4970.14 - Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each Application, other than those solely for law
					 enforcement and/or Education and safety, shall answer general criteria found in
					 the Appendix, incorporated by reference. In addition, all Project types, except
					 law enforcement, shall answer Project-specific criteria found in the Appendix,
					 incorporated by reference.
1. New
					 article 3 (sections
					 4970.14-4970.18) and section filed
					 1-12-2009; operative 1-12-2009 pursuant to Government Code section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5024.1,
						5090.32
						and
						5090.50,
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.14.1 - General Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  general criteria are required as part of the Application, only one (1) set
				  shall be completed. General criteria measure the quality of the Land Manager's
				  overall OHV program. The Applicants shall answer these questions with respect
				  to the entirety of the OHV operation, including all trails and areas available
				  for OHV Recreation, not just specific Projects or Project Areas.
(b) General criteria include, but are not
				  limited to, the following:
(1) OHV
				  Opportunity and services provided,
(2) Agency contribution to the overall cost
				  of managing and delivering the OHV Opportunity,
(3) Management of natural and Cultural
				  Resources,
(4) Effective education
				  of rules/regulations, and
(5) Past
				  performance in completing and administering Grant funded
				  Projects.
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 3 - Application Evaluation System and Funding › Section 4970.14.2 - Project-Specific Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicants shall complete Project-specific criteria for
					 each Project, except law enforcement Projects, contained within the
					 Application. Each Project within the Application will be given a score based on
					 the specific benefits of the individual Project. The responses in the
					 Project-specific criteria section of the Application shall be specific to the
					 particular Project proposed for funding.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5024.1,
						5090.32
						and
						5090.50,
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.14.3 - Factual Documentation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The responses in the Application shall be
				  based on and reference factual conditions or statistics documented by
				  information contained in documents officially published, maintained, and/or
				  used in the ordinary course of the Applicant's operations. "Published", for
				  purposes of the requirement in this Section, means issued in report or other
				  form officially prepared, maintained, and/or used in the ordinary course of the
				  Applicants' administration of its programs. Examples of factual documentation
				  include, without limitation, management reports, general or management plans,
				  environmental documents, visitor counts, or other documentation the Applicant
				  has officially adopted for use in its operations.
(b) Members of the Application evaluation
				  panel may investigate referenced documents or other documents on file at the
				  OHMVR Division to check the accuracy of the information provided. If the
				  Application evaluation panel concludes the information provided is incorrect or
				  the conclusions stated are not supported, the panel shall use its discretion to
				  clarify the response, reduce the points accordingly, or reject the Project
				  Application. If points are reduced or the Application is rejected, the
				  Application evaluation panel will cite the documents used to support its
				  actions.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (a) filed
					 1-8-2010; operative 1-11-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 2).
3. Amendment 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5024.1,
						5090.32
						and
						5090.50,
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.15 - Funding Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Funds appropriated by the Legislature for the Grants
					 program are identified in PRC 5090.50 as the following percentages:
(a) Fifty percent (50%) for
				  O&M,
(b) Twenty-five percent
				  (25%) for Restoration,
(c) Twenty
				  percent (20%) for Law Enforcement, and
(d) Five percent (5%) for Education and
				  Safety.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.15.1 - Operation and Maintenance (O and M)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within the O&M category, the funds
				  shall be available as follows, except as provided in Sections
				  4970.15.1(c):
(1) At least seventy percent (70%) for
				  GO,
(2) At least ten percent (10%)
				  for Development,
(3) At least ten
				  percent (10%) for planning, and
(4)
				  At least ten percent (10%) for acquisition.
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 3 - Application Evaluation System and Funding › Section 4970.15.2 - Restoration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Application
				  evaluation panel of not less than three (3) individuals shall score
				  Applications deemed compliant with these regulations. The Application
				  evaluation panel shall use the Applicant's responses to general criteria and
				  Project-specific criteria to determine a Project score. The steps for
				  determining the final score are as follows (refer to Table 5 for an example):
(1) Calculate the sum of the points received
				  on the general criteria and the points received on the Project-specific
				  criteria. Divide that number by the sum of the total possible points for the
				  general criteria and the total possible points for the Project specific
				  criteria, and
(2) Convert the
				  result of the calculation to a percentage which is the final score.
Table 5 -- Example of Score Calculation
							 for Restoration Projects
Final Score = Actual Score / Possible
							 Score
General Criteria
90 of 120
Project-specific Criteria
78 of
							 83
(90 + 78) / (120 + 83) =
							 0.8276
0.8276 x 100 = 82.76% = Final
							 Score
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 3 - Application Evaluation System and Funding › Section 4970.15.3 - Law Enforcement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Law enforcement Grants funding shall be
				  distributed in the following entity categories:
(1) Forty percent (40%) for local law
				  enforcement,
(2) Thirty percent
				  (30%) for U.S. Bureau of Land Management, and
(3) Thirty percent (30%) for Patrol Districts
				  of the U.S. Forest Service.
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 3 - Application Evaluation System and Funding › Section 4970.15.4 - Education and Safety

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Application evaluation panel of not
				  less than three (3) individuals shall score each Application deemed compliant
				  with these regulations. The Application evaluation panel shall use the
				  Applicant's responses to the Project-specific criteria to determine a Project
				  score.
(b) Eligible Projects shall
				  be ranked by score. Projects shall be funded in order of score from highest to
				  lowest until available funds are exhausted.
(c) In the event Projects have the same
				  score, Projects will be funded in the order of request amount starting with the
				  smallest request amount. If more than one Project has the same request amount,
				  the OHMVR Division will utilize a "random selection" method to break ties and
				  determine which Project will receive funding.
(d) Projects at the funding cut-off line may
				  require modifications to the Project Description and Project Cost Estimate to
				  reflect reduced available funding. The modification shall be completed prior to
				  the OHMVR Division preparing and executing the Project Agreement.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (a) 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.16 - Notice of Intent to Award

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon completion of the evaluation and scoring process, the
					 OHMVR Division shall post a notice of Intent to Award on the Division Website
					 pursuant to Table 2 in Section
					 4970.04.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Section
						5090.32,
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.17 - Appeal Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicants have the right to appeal the Intent to Award. The grounds for appeal
				  are limited to the following:
(1) The OHMVR
				  Division failed to follow these regulations, and/or
(2) The OHMVR Division lacked sufficient
				  evidence to support or deny the award of a Grant(s).
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 3 - Application Evaluation System and Funding › Section 4970.17.1 - Contingency Lists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the award of Grants are finalized for a particular
					 Grants Cycle, at its sole discretion and upon funding availability, the OHMVR
					 Division may create Project contingency lists for the various Grant funding
					 categories.
(a) The lists shall be
				  established through the competitive process during that Grants Cycle and shall
				  include only Projects that fall below the Grant funding availability as
				  published in the final awards.
(b)
				  The list of Projects shall be listed in order of score, from highest to
				  lowest.
(c) Funds unencumbered from
				  a Grant category from previous Grants Cycles shall only be used for the same
				  Grant category in a contingency list.
(d) Projects from the contingency list shall
				  be funded as funds from previous Grants Cycles become available. Projects shall
				  be funded in order of score until all funds are exhausted.
(e) Applicants shall be in Good Standing at
				  the time the contingency list is created in order to be placed on the
				  list.
(f) The contingency list
				  shall expire at 5:00pm Pacific Time on the Friday before the start of the next
				  Grants Cycle.
1. New
					 section filed 12-14-2018; operative 1-1-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2018, No. 50).
2. Amendment of first paragraph and new
					 NOTE 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50(j),
						Public Resources Code.
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 3 - Application Evaluation System and Funding › Section 4970.18 - Award of Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon approval by the Director of the Department, the OHMVR
					 Division shall prepare and execute Grant Agreements.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50(j),
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.19 - Project Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Project Agreement sets forth the
				  terms and conditions of the Project. With consent of the OHMVR Division and the
				  Grantee, Project Agreements may be amended as necessary, to comply with
				  law.
(b) The Grantee may not submit
				  claims for reimbursement or for advance payments until a fully executed Project
				  Agreement is on file.
(c) Project
				  Agreements may not be executed for Grantees that have refunds due to the State
				  from any previous grant Project(s).
(d) Project Agreements shall not be executed
				  for Grantees that are delinquent in closing out previous Projects pursuant to
				  Section 4970.24.
(e) With consent of the OHMVR Division and
				  the Grantee, the Project Agreement may be executed using electronic signatures
				  permissible under the Uniform Electronic Transactions Act (Civil Code section
				  1633.1, et
				  seq.).
1. New
					 article 4 (sections
					 4970.19-4970.24 and subarticle 1,
					 sections 4970.25.1 -
					 4970.25.3) and section filed
					 1-12-2009; operative 1-12-2009 pursuant to Government Code section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (a) filed
					 1-8-2010; operative 1-11-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 2).
3. Amendment filed 12-20-2011; operative
					 1-9-2012 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 51).
4. Amendment 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.19.1 - Project Performance Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Project performance period is the
				  time between the start date and the end date in which the work under the
				  Project Agreement shall be completed. The Grantee shall not charge Project
				  expenditures prior to the Project Agreement start date or subsequent to the
				  Project Agreement end date. The Project Agreement start date shall be no later
				  than January 1 of the year following the year of the Intent to Award posting on
				  the OHMVR Division Website, except for Projects identified as needing
				  additional documentation or information to complete CEQA
				  requirements.
(b) The Project
				  performance period shall be as follows:
(1)
				  Three (3) years for acquisition, Development, planning, and Restoration
				  Projects, and
(2) One (1) year for
				  GO, law enforcement, and Education and safety Projects.
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 4 - Project Administration Procedures › Section 4970.19.2 - Project Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Project amendment is required if a modification to the
					 Project Description, Project Cost Estimate, or extension of the Project
					 performance period (time extension) is needed to accomplish the intent of the
					 original Project Agreement. Prior OHMVR Division approval of adjustments to the
					 Project Cost Estimate is required or the charged costs may be denied. Time
					 extensions for programmatic Project Agreements (e.g., GO, law enforcement, and
					 Education and safety) may be denied. Project amendment requests may be approved
					 when circumstances exist beyond the Grantee's control that would otherwise
					 result in the Project not being completed.
(a) Modifications to the Project Description
				  may include but are not limited to:
(1)
				  Different techniques are employed to achieve the original outcome,
				  and
(2) Acquisition of a different
				  type of equipment.
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 4 - Project Administration Procedures › Section 4970.19.3 - Project Withdrawal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An Applicant or Grantee may at any time
				  unilaterally cancel or withdraw an approved Project by written notification to
				  the OHMVR Division.
(b) If the
				  Project work has not commenced and the Grantee received advanced funds for the
				  cancelled or withdrawn Project, the Grantee shall return the advanced funds
				  plus accrued interest to the State.
(c) If the Grantee has commenced the Project,
				  eligible costs will be allowed to the date the Grantee ceases work on the
				  Project. The cost of goods purchased on a reimbursement basis, but not consumed
				  for the Project as of the date of work cessation, shall not be reimbursed, or
				  shall be returned if advance payment was made.
(d) The Project shall be subject to all
				  record keeping and Audit requirements contained in these regulations.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (b) and
					 redesignation of portion of subsection (c) as new subsection (d) 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.19.4 - Project Breach-Termination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Failure of a Grantee to comply with the
				  terms and conditions of the Project Agreement may be treated by the OHMVR
				  Division as a breach of contract. If the OHMVR Division determines there is a
				  breach of contract, the OHMVR Division shall give the Grantee written
				  notification that the Grantee has thirty (30) calendar days from the date of
				  written notification to cure the breach. If the Grantee does not cure the
				  breach of contract or commence actions to cure the breach within thirty (30)
				  calendar days or show diligent progress to cure the breach, the OHMVR Division
				  may terminate the Project Agreement and void the OHMVR Division's
				  obligations.
(b) If the OHMVR
				  Division determines a breach of contract was due to no fault of the Grantee,
				  the OHMVR Division may waive reimbursement of funds paid or advanced or make
				  payment for any work performed up to the date of Project Agreement termination.
				  In the event of a breach of contract that the OHMVR Division waives, such
				  waiver shall not serve to excuse the future performance of the breached term
				  that was waived or performance of any other term of the Project
				  Agreement.
(c) Any terminated
				  Project shall remain subject to all record keeping and Audit requirements
				  contained in these regulations.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment filed 1-8-2010; operative
					 1-11-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 2).
3. Amendment 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.19.5 - Failure to Perform

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If a Grantee does not complete a Project within the Project
					 performance period specified in the Project Agreement, the Grantee
					 shall:
(a) Provide written
				  notification to the OHMVR Division describing the issues, reasons, or problems
				  that prevent the Grantee from completing the Project and return any remaining
				  OHV Trust Funds, or
(b) Request a
				  Project amendment pursuant to Section
				  4970.19.2.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (b) 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.19.6 - Financial Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The acceptance of a Project Agreement creates a legal duty
					 on the part of the Grantee to use the funds made available in accordance with
					 the terms and conditions of the Grant.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.20 - Equipment Management Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following requirements apply to all Equipment acquired
					 with funds from this Grants program:
(a) Equipment and trailers shall be kept as
				  part of Grantee's Equipment inventory for the duration of its useful
				  life,
(b) Equipment shall only be
				  used on Project activities that are applicable to the Project category for
				  which the Equipment was acquired, except
(1)
				  Equipment may be used for non-Project activities, provided the Grantee is
				  funding the portion of the acquisition price, not including matching funds, for
				  the non-Project activities,
(2)
				  Equipment may be used for other OHV purposes, not directly associated with
				  Project activities, provided the Grantee obtains prior written approval from
				  the OHMVR Division.
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 4 - Project Administration Procedures › Section 4970.21 - Development Project Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Plans and specifications shall be
				  prepared for each Development Project as identified in the Project Agreement. A
				  registered civil or structural engineer or a licensed architect shall sign
				  plans for structural items. Prior to the start of the Project, the OHMVR
				  Division may choose to review plans, specifications, and bid documents for each
				  component of the Project.
(b) The
				  Grantee shall follow all laws that pertain to public works projects, including
				  the Americans with Disabilities Act and Title 24 Disability Codes (for local
				  agencies), prevailing wages, and local health and safety requirements. For all
				  sub-contracted work, a Notice of Completion is required.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (b) filed
					 1-8-2010; operative 1-11-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 2).
3. Amendment of NOTE filed 12-14-2018;
					 operative 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 50).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.22 - Accounting Practices

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Record Keeping
Grantees are responsible for maintaining all
					 Project-related records in a condition to reliably support all costs incurred
					 under the Project, both directly paid under the grant and match. This
					 requirement extends to contractors and subcontractors providing goods or
					 services under the Grant.
(b) Labor Costs
The Grantee shall document all labor, including all force
					 account, match and volunteer time, on time sheets, or reports produced by an
					 electronic timekeeping system.
(c) Transportation
A logbook or source document shall identify the operator,
					 date of activity, items transported, number of miles charged to the Project,
					 and contain a signature of the operator.
(d) Equipment Operation
A logbook or source document shall identify the operator,
					 date of activity, work performed, number of miles charged to the Project, and
					 contain a signature of the operator.
(e) Record Retention
The Grantee shall retain all Project records, including,
					 but not limited to, financial accounts, documents, and other records pertinent
					 to the Project:
(1) For three (3)
				  years from the Project Agreement end date, or
(2) Until an Audit has been completed, a
				  final Audit report is issued, and any Audit findings are resolved and/or
				  payment or other correction made with regard to any Audit findings contained in
				  the final Audit report.
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 4 - Project Administration Procedures › Section 4970.23 - Payment Requests

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Grantees are required to request Project payments for
					 advances or reimbursements by submitting a current Expenditure Workbook (new
					 2019) (refer to Appendix, incorporated by reference) to the Department. The
					 Department is responsible for approving and processing Project payment
					 requests. Grantees may submit Project payment requests to the Department at any
					 time after the execution of the Project Agreement. The Department reserves the
					 right to withhold approving and/or processing Project payment requests if the
					 Grantee is not in Good Standing.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment filed 12-15-2015; operative
					 1-11-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 51).
3. Amendment filed 12-14-2018; operative
					 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 50).
4. Amendment 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.23.1 - Payment Advances

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Generally, advances are not allowed. However, if extenuating circumstances
				  exist, the OHMVR Division may consider granting an advance. To request an
				  advance, the Grantee shall submit to the OHMVR Division an Advance
				  Justification Request (New 1/19) and Payment Request DPR 364 (new 2019) (refer
				  to Appendix, incorporated by reference) to explain the need for the advance.
				  The OHMVR Division will provide written notification to the Grantee of
				  approval/disapproval for the advance. Requests for an advance typically may not
				  be more than half the total amount of the Grant and shall include a summary
				  list of proposed Project expenditures. The sum of the proposed Project
				  expenditures shall match the amount indicated on the Payment Request
				  form.
(b) Subsequent requests for
				  advances shall document how previous advance funds were expended as follows:
(1) Purchases: paid invoices and/or
				  receipts,
(2) Services: paid
				  invoices and/or receipts,
(3)
				  Timekeeping and equipment logs: transaction register or other electronically
				  generated reports,
(4) Training and
				  travel: paid invoices and/or receipts,
(5) A Project Accomplishment Report (refer to
				  Appendix, incorporated by reference),
(6) GPS coordinates and photos of Project
				  areas where activities were conducted, as applicable, and
(7) Maps and/or any electronic data (such as
				  .shp, .gpx or .kml files) of Project areas where activities were conducted, as
				  applicable.
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 4 - Project Administration Procedures › Section 4970.23.2 - Reimbursements Payments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Requests for reimbursement shall include the following
					 documentation:
(a) Purchases: paid
				  invoices and/or receipts,
(b)
				  Services: paid invoices and/or receipts,
(c) Timekeeping and equipment logs:
				  transaction register or other electronically generated reports,
(d) Training and Travel: paid invoices and/or
				  receipts,
(e) A Project
				  Accomplishment Report (refer to Appendix, incorporated by reference),
				  and
(f) Maps and/or any electronic
				  data (such as .shp, .gpx or .kml files) of Project area(s) where activities
				  were conducted, as applicable.
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (c) and new
					 subsections (e)-(g) filed 12-20-2011; operative 1-9-2012 pursuant to Government
					 Code section
					 11343.4
					 (Register 2011, No. 51).
3. Amendment of subsections (d)-(e),
					 repealer of subsection (f) and subsection relettering filed 12-14-2018;
					 operative 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 50).
4. Amendment of section heading and
					 subsection (e) 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.
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.
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 4 - Project Administration Procedures › Section 4970.24 - Project Closeout. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code
					 section
					 11343.4
					 (Register 2009, No. 3).
2. Amendment of subsection (c) filed
					 1-8-2010; operative 1-11-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 2).
3. Renumbering of former section
					 4970.24 to new section
					 4970.24.1 filed 12-20-2011;
					 operative 1-9-2012 pursuant to Government Code section
					 11343.4
					 (Register 2011, No. 51).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5090.32
						and
						5090.50,
						Public Resources Code.