Illinois Administrative Code › Title 17 - CONSERVATION › Part 3025 - OPEN SPACE LANDS ACQUISITION AND DEVELOPMENT GRANT PROGRAM › Section 3025.70 - Program Compliance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any property acquired or developed through
			 assistance from the Illinois OSLAD grant program must be open to the public for
			 outdoor recreation use as set forth in this Part without regard to race or
			 color, creed, national origin, sex or disability nor on the basis of residence
			 except to the extent that reasonable differences in user fees may be imposed
			 amounting to no more than double the fees charged to residents. Land acquired
			 with funding assistance from the OSLAD program shall be operated and maintained
			 in perpetuity for public outdoor recreation use. Projects receiving development
			 grant assistance only shall be bound by the terms of this Part for the period
			 of time specified below for the total amount of OSLAD funds expended on the
			 project:
Total Grant Expenditure
Time Period after Final Grant Payment
$0-$50,000
6 years
for every $25,000
increment over $50,000
add 1 year
Property acquired or developed with OSLAD funds may not be
				converted to a use other than public outdoor recreation use as provided in this
				Part without prior Department approval. Approval for property conversion will
				be granted only if the project sponsor substitutes replacement property of at
				least equal fair market value and comparable outdoor recreation usefulness,
				quality and location.
b)
			 For projects receiving acquisition assistance, an appraisal must be provided by
			 the sponsoring agency and submitted to the Department for review and
			 certification to establish the property's fair market value. The appraisal must
			 be completed to Department specifications.
c) For projects receiving development
			 assistance, the sponsoring agency must possess either fee simple title or other
			 means of legal control and tenure (easement, lease, etc.) over the property
			 being improved for a period of time commensurate with the program amortization
			 schedule shown in subsection (a), unless otherwise approved by the Department.
			 The Department will consider, on a case-by-case basis, lease arrangements for
			 shorter periods when State statute prohibits a unit of local government from
			 entering into such a long-term agreement, or other circumstances beyond the
			 control of the local unit of government prohibit such arrangements. The sponsor
			 must also adhere to applicable local bidding and procurement requirements and
			 make available to the Department, upon request, all working plans,
			 specifications, contract documents and cost estimates for review prior to
			 commencing work. The format for any advertisement or prospectus soliciting and
			 inviting bids, indicating dates of same, must also be presented, upon request,
			 to the Department for review prior to publication.
d) 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
			 assistance amount and program compliance regulations.
e) Upon project completion, the project
			 sponsor must submit a certified project billing request (expenditure statement)
			 listing/verifying all funds expended on the project for which grant assistance
			 is sought, as well as required billing documentation, as follows:
1) Acquisition Project: Proof of good faith
			 negotiations or fair market value offer to land seller, copy of property deed
			 and title insurance policy (Judgement Order in case of condemnation) showing
			 ownership transferred to the local project sponsor, and copies of canceled
			 checks showing proof of payment to seller.
2) Development Projects: Copy of construction
			 As-Built drawings (no larger than 11" x 17") and verification of actual project
			 costs.