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 1 - General Provisions › Section 4970.01 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The words used in this chapter have the following meanings
					 whenever the words are capitalized:
(a) "Act" means the Off-Highway Motor Vehicle
				  Recreation Act of 2003, as amended, commencing at Public Resources Code (PRC)
				  Section 5090.01, or any subsequent amended
				  versions.
(b) "Applicant" means any
				  entity identified in Section
				  4970.03.
(c) "Application" means a compilation of
				  required information submitted in conformance with these regulations to support
				  a request for funding from the OHMVR Division's Grants program for proposed
				  Project(s).
(d) "Audit" means a
				  comprehensive review of the Grantee's relevant financial records under the
				  Project Agreement, performed by the Department Audits Office staff or its
				  designee.
(e) "CEQA" means the
				  California Environmental Quality Act, PRC Section
				  21000
				  et seq.; Title 14, CCR, Division 6, Chapter 3, Article 20.
(f) "Conservation" means activities,
				  practices, and programs that protect and sustain soils, plants, wildlife,
				  habitats, and cultural resources in accordance with the standards adopted
				  pursuant to PRC Section
				  5090.35.
(g) "Cooperative Agreement" means an
				  agreement between the OHMVR Division and a federal agency or a Federally
				  Recognized Native American Tribe for the purposes authorized and defined in PRC
				  Section
				  5090.50
				  and these regulations.
(h)
				  "Cultural Resources" are associated with events that have made a significant
				  contribution to the broad patterns of California's history and cultural
				  heritage; are associated with the lives of persons important in our past;
				  embody the distinctive characteristics of a type, period, region, or method of
				  construction, or represent the work of an important creative individual, or
				  possess high artistic values; or have yielded, or may be likely to yield,
				  information important in prehistory or history. Cultural Resources also include
				  historical resources. Historical resources include, but are not limited to, any
				  object, building, structure, site, area, place, record, or manuscript that is
				  historically or archaeologically significant, or is significant in the
				  architectural, engineering, scientific, economic, agricultural, educational,
				  social, political, military, or cultural annals of California. A resource shall
				  be considered by the lead agency to be "historically significant" if the
				  resource meets the criteria for listing on the California Register of
				  Historical Resources (PRC Section
				  5024.1, Title 14 CCR, Section
				  4852).
(i) "Deliverables" means the specific
				  tangible outcomes or work products to be provided, acquired, or produced with
				  the funds made available pursuant to the Project Agreement. Examples include
				  the purchase of a specified property, installation of specified erosion control
				  measures, construction of a restroom, construction of a specified length of
				  fencing, production of a specified number of maps, purchase of specified
				  Equipment, Restoration of a specific area, maintenance of a specific length of
				  trail, completion of research resulting in a written report, and planning that
				  results in a report or reports including any related specified
				  documents.
(j) "Development" means
				  the construction of new, and/or improvement of existing Facilities to improve
				  existing or provide additional opportunities, experiences, or services for OHV
				  Recreation.
(k) "District" means a
				  public or quasi-public governmental entity formed according to law whose
				  mission includes clear legal responsibility for open space, recreation, parks,
				  or resource-related activities that are land based.
(l) "Division Website" means the internet
				  page of the OHMVR Division located at
www.ohv.parks.ca.gov
.
(m) "Due Diligence" means to conduct or cause
				  to be conducted an investigation of all aspects of property proposed to be
				  acquired and/or developed using OHV Trust Funds, including investigating the
				  suitability of the property for the intended use, and all critical facts and
				  assumptions used in developing the proposed Project that would assist in
				  evaluating the success of the Project in providing OHV Recreational
				  opportunities and to avoid and/or minimize potential risks that could impair
				  the future sustainability of OHV Recreation.
(n) "Ecological" means the interdependence of
				  living organisms within the ecosystem in which the OHV use exists, including
				  the interrelationship and interactions between and among the natural and
				  Cultural Resources and the human activities relating to or affected by OHV
				  use.
(o) "Education" means
				  comprehensive programs that teach OHV safety, environmental responsibility, and
				  respect for private property.
(p)
				  "Educational Institution" means a public or private preschool, elementary, or
				  secondary school, college or university, or institution; the governing board of
				  a school district; or any combination of school districts or counties
				  recognized as the administrative agency for public elementary or secondary
				  schools.
(q) "Equipment" means
				  tangible property that has a normal useful life of at least one year and has a
				  unit acquisition cost of at least $5,000 (e.g., five identical assets which
				  cost $1,000 each, for a total of $5,000, would not meet the requirement).
				  Equipment must be motorized and does not include expendable items such as
				  personal safety gear, or tires.
(r)
				  "Facility" means the assets of an organization that include: buildings, trails,
				  roads, grounds, parking facilities, and structures such as shade structures,
				  fences, trash enclosures, cattle guards, etc., and includes the systems that
				  support facilities (fuel, electrical, sewer, water, waste, etc.).
(s) "Federally Recognized Native American
				  Tribe" means any tribe, band, nation, or other organized group or community of
				  Indians, including any Alaska Native Village pursuant to Title 25, Code of
				  Federal Regulations (CFR) Section
				  83.5(a).
(t) "Good Standing" means that the Grantee is
				  at all times adhering to the statutes and regulations governing the Grants and
				  Cooperative Agreements Program and that the Grantee does not have any
				  outstanding refund(s) due to the Department from any other grant(s) program(s)
				  administered by the Department.
(u)
				  "Grant" means a local agency grant between the OHMVR Division and a city,
				  county, District, State Agency, Educational Institution, State Recognized
				  Native American Tribe, certified community conservation corps, or Nonprofit
				  organization for the purposes as authorized and defined in PRC Section
				  5090.50
				  and these regulations or a Cooperative Agreement between a federal agency, or a
				  Federally Recognized Native American Tribe, and the OHMVR Division.
(v) "Grantee" means a recipient of a
				  Grant.
(w) "Ground Disturbing
				  Activity" means any earth moving Project-related activity. The act of
				  installing and/or replacing a sign, placing of boulders or other materials
				  (other than fencing) to delineate a Facility, maintenance or replacement of
				  existing fence lines that do not require disturbance beyond replacement of
				  fence posts and wire or existing component, or sweeping sand/dirt from a paved
				  road are not considered a "Ground Disturbing Activity".
(x) "Habitat Management Program (HMP)" means
				  an animal and plant wildlife habitat protection program designed to sustain a
				  Viable Species Composition for the Project Area, pursuant to PRC Sections
				  5090.50
				  and
				  5090.53.
(y) "Heavy Equipment" means self-propelled,
				  self-powered or pull-type equipment and machinery, including generators
				  weighing 5,000 pounds or more, primarily employed for construction, industrial,
				  and forestry uses (e.g., water tender, backhoe, mini-excavator, and SWECO
				  tractor).
(z) "Inconsequential
				  Defect" means a defect that, when corrected, does not provide the Applicant an
				  unfair advantage.
(aa) "Indirect
				  Costs" means the cost of any activity that does not directly result in the
				  completion of the Project and/or the management or administration of a Project
				  (e.g., utility costs, accounting services, contract administration, postage,
				  management personnel, telephone bills, etc.).
(bb) "Land Manager" means an entity legally
				  responsible for the proposed Project Area.
(cc) "Medical" means a person requested
				  medical aid and was treated by emergency service personnel.
(dd) "NEPA" means the National Environmental
				  Policy Act pursuant to United States Code Title 42, Section
				  4371; 40 CFR part 1500.1 et
				  seq.
(ee) "Nonprofit" means an
				  organization having tax-exempt status pursuant to Section
				  501(c)(3) of the
				  Internal Revenue Code (IRC).
(ff)
				  "OHV" means an off-highway motor vehicle as specified in California Vehicle
				  Code (CVC) Section
				  38006.
(gg) "OHV Opportunities" means roads, trails,
				  or areas on lands that are open to legal OHV Recreation.
(hh) "OHV Recreation" means the activity of
				  driving or riding motorized vehicles, on lands to which CVC Division 16.5
				  applies, for leisure purposes including motorized off-highway access to
				  non-motorized recreation activities.
(ii) "On-line Grant Application (OLGA)" means
				  the OHMVR Division's web-based application system that guides Applicants
				  through the Application process. OHMVR Division staff provides technical
				  support for Applicants as needed.
(jj) "Project" means the activities and
				  Deliverables described in the Project Application to be accomplished with
				  funding, through a Project Agreement, which includes both Grant funds and
				  matching funds.
(kk) "Project
				  Agreement" means a contract executed between a Grantee and the Department to
				  formally implement a Project.
(ll)
				  "Project Area" means the physical boundaries within which the activities will
				  be performed and Deliverables will be accomplished as described in the Project
				  Agreement.
(mm) "Project
				  Description" means the work plan that details the activities and Deliverables
				  to be conducted by the Applicant as part of the Project.
(nn) "Repair" means to fix, mend, make new,
				  or revitalize to the condition of the habitat that existed prior to authorized
				  or unauthorized OHV use and related damage.
(oo) "Restoration" means upon closure of the
				  unit or any portion thereof, the return of land to the contours, the plant
				  communities, and the plant covers comparable to those on surrounding lands or
				  at least those which existed prior to OHV use.
(pp) "Restoration Planning" means identifying
				  appropriate restoration techniques, strategies, and Project implementation,
				  including environmental review associated with the Project.
(qq) "State Recognized Native American Tribe"
				  means a non-federally recognized tribe that is listed on the Tribal Contact
				  List maintained by the Native American Heritage Commission.
(rr) "Viable Species Composition" means that
				  species found in the Project Area have populations with the estimated numbers
				  and distribution of reproductive individuals to enable their continued
				  existence.
Note: Authority cited: Sections 5001.5 and 5003, Public
						Resources Code. Reference: Sections 5020.1(j), 5024.1, 5090.07, 5090.10,
						5090.11, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code; Sections
						38001 and 38006, Vehicle Code;
						25 CFR Section
						83.5(a); Sections
						210.3 and
						66010.4, Education Code; and U.S.
						IRC Section 501(c)(3).
Note: Authority cited: Sections
						5001.5
						and
						5003,
						Public Resources Code. Reference: Sections
						5020.1(j),
						5024.1,
						5090.07,
						5090.10,
						5090.11,
						5090.32,
						5090.35,
						5090.50
						and
						5090.53,
						Public Resources Code; Sections
						38001 and
						38006,
						Vehicle Code; 25 CFR Section
						83.5(a); Sections
						210.3 and
						66010.4, Education Code; and U.S.
						IRC Section
						501(c)(3).