reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.31 - RULES GOVERNING THE ADMINISTRATION OF THE IDAHO DEPARTMENT OF PARKS AND RECREATION STATE AND FEDERAL GRANT FUNDS › Section 26.01.31.301 - PROJECT EXTENSION

Current through August 31, 2023
A written request for an extension of the project period must be received and reviewed by the state and federal grant manager prior to the end of the project period. No project extension will be granted for more than one (1) year; however, an applicant may request project extensions in consecutive years. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.31 - RULES GOVERNING THE ADMINISTRATION OF THE IDAHO DEPARTMENT OF PARKS AND RECREATION STATE AND FEDERAL GRANT FUNDS › Section 26.01.31.302 - COST INCREASES

Current through August 31, 2023
01.
Cost Overruns
. Twenty percent (20%) of any program allocation may be held out by the department for necessary cost overruns related to previously awarded grants. Any unused funds will be redistributed in the next funding cycle. (3-18-22)
02.
Minor Cost Increases
. Cost increases of fifteen percent (15%) or less of the original grant amount that are less than or equal to twenty thousand dollars ($20,000), may be approved by the director. Cost increases of fifteen percent (15%) or less of the original grant amount that exceed twenty thousand dollars ($20,000) may be approved by the board. (3-18-22)
03.
Major Cost Increases
. Cost increases of more than fifteen percent (15%) of the original grant amount are not allowed. The applicant must either resubmit the project or submit a new grant request to increase the current project. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.31 - RULES GOVERNING THE ADMINISTRATION OF THE IDAHO DEPARTMENT OF PARKS AND RECREATION STATE AND FEDERAL GRANT FUNDS › Section 26.01.31.350 - PROJECT MANAGEMENT AND DISBURSEMENT OF FUNDS

Current through August 31, 2023
01.
Grant Agreement
. A grantee must complete the grant agreement form, with original or authenticated digital signatures, within sixty (60) calendar days of written notification of grant award. The agreement obligates the applicant to complete all elements of the project as specified in the signed grant agreement. (3-18-22)
02.
Purchase and Bidding Requirements
. The grantee must follow all local, state and federal laws pertaining to the expenditure of public funds. (3-18-22)
03.
Permits
. The grantee must legally acquire all required local, state and federal permits for the construction or development of the project before grant funds are expended. Construction must comply with the then current codes and standards. (3-18-22)
04.
Reimbursement of Project Costs
. The grantee must initially pay all project costs and then seek reimbursement through the department. The grantee must complete the appropriate form provided by the department certifying that the data is correct and submit the form to the department with an original or authenticated signature. (3-18-22)
05.
Allowable Costs
. The State and Federal Grant Manager determines what expenses are eligible for reimbursement based on federal code, state statutes and rules. Grantees must follow  2 CFR 200, in determining the reasonableness and allowability of costs. (3-18-22)
a. Projects, or any part thereof, either paid for by the grantee or completed prior to the grant application deadline, are ineligible for grant funding or to be considered as match. However, costs for design and engineering incurred within one (1) year prior to the application deadline date may be considered as match, provided they are listed as a scope element on the application. (3-18-22)
b. For Recreational Trail Program projects, any project activity conducted prior to the execution of the project agreement is ineligible for reimbursement or to be considered as match. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.31 - RULES GOVERNING THE ADMINISTRATION OF THE IDAHO DEPARTMENT OF PARKS AND RECREATION STATE AND FEDERAL GRANT FUNDS › Section 26.01.31.400 - ONGOING GRANTEE OBLIGATIONS

Current through August 31, 2023
01.
Maintenance
. The grantee must maintain any facilities, real property, and equipment funded by a grant in the condition equivalent to that existing when such facility was completed or property or equipment purchased, normal wear and tear excepted. (3-18-22)
02.
Public Use
. The grantee must ensure that facilities and real property are available to the general public. (3-18-22)
03.
Nondiscrimination
. The grantee must ensure that facilities and real property purchased in whole or in part with grant moneys are available for public use regardless of race, color, religion, national origin, gender, age, or disability. The grantee must ensure that facilities constructed with grant moneys meet the requirements as set by the Americans with Disabilities Act. (3-18-22)
04.
Acknowledgment of Funding Assistance
. Grantee must post and maintain appropriate permanent signs or decals upon project sites or equipment acknowledging funding assistance from the appropriate grant fund and the department upon start of the project or purchase of equipment. (3-18-22)
05.
Project Liability
. Grantees, through a signed agreement, assume all project liability and hold the department harmless. (3-18-22)
06.
Responsibility for Equipment
. Motorized equipment purchased with grant funds becomes the property of the grantee and must be maintained for use on public projects. (3-18-22)
07.
Failure to Comply
. Failure by the grantee to comply with the ongoing obligations may require repayment all or a portion of the grant funding. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.31 - RULES GOVERNING THE ADMINISTRATION OF THE IDAHO DEPARTMENT OF PARKS AND RECREATION STATE AND FEDERAL GRANT FUNDS › Section 26.01.31.450 - PROJECT CONVERSIONS

Current through August 31, 2023
No grant funded project may, without the prior written approval of the Board, be converted to uses other than for the authorized purposes specified in the original grant application or grant agreement. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Parks and Recreation Board is authorized under Section  67-4223, Idaho Code, to adopt, amend, or rescind rules as may be necessary for proper administration of the department and its programs. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.33, "Rules Governing the Administration of the Land and Water Conservation Fund Program." (3-18-22)
02.
Scope
. This chapter establishes procedures for the administration of the Land and Water Conservation Fund program, including requirements for project application, eligibility, review, award, and management. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.010 - DEFINITIONS

Current through August 31, 2023
As used in this chapter: (3-18-22)
01.
2 CFR 200
. Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards as set forth in  2 CFR 200  (Code of Federal Regulations). (3-18-22)
02.
Acquisition
. The gaining of rights of public use by purchase or donation of fee or less than fee interests in real property. (3-18-22)
03.
Alternate State Liaison Officer (ALSO)
. State official designated by the governor of Idaho to assist the State Liaison Officer in managing the LWCF Program. The State and Federal Grant Manager is the ALSO. (3-18-22)
04.
Board
. The Idaho Parks and Recreation Board, a bipartisan, six (6) member board, appointed by the governor. (3-18-22)
05.
Development
. The act of physically improving an area or constructing facilities necessary to increase its ability to serve outdoor recreation purposes. (3-18-22)
06.
Department
. The Idaho Department of Parks and Recreation. (3-18-22)
07.
LWCF
. The Land and Water Conservation Fund, a federal grant program that provides matching grants to states, and through states to local governments, for the planning, acquisition and development of public outdoor recreation areas and facilities. (3-18-22)
08.
LWCF Advisory Committee
. Representatives from federal, state and local entities and other subject matter experts with expertise in community development or public outdoor recreation needs. (3-18-22)
09.
NPS
. The National Park Service. (3-18-22)
10.
Open Project Selection Process (OPSP)
. The decision-making process and criteria by which the Department selects projects for the LWCF funding. The OPSP defines the criteria that propose LWCF projects must meet in order to be eligible for funding and establish priorities to objectively rate competing eligible projects. (3-18-22)
11.
SCORP
. Statewide Comprehensive Outdoor Recreation Plan. (3-18-22)
12.
Sponsor
. A state or local government agency that solicits a grant from the Department for a project or is responsible for administering the grant of an approved application or completed project. (3-18-22)
13.
State Liaison Officer (SLO)
. State official designated by the governor of Idaho to manage the LWCF Program with the assistance of the Alternate State Liaison Officer. The director is designated as the SLO. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.040 - LWCF ADVISORY COMMITTEE MEMBER SELECTION AND APPOINTMENT

Current through August 31, 2023
01.
Members
. The advisory committee includes nine (9) members as follows: (3-18-22)
a. Three (3) members are representatives of state and federal agencies with a technical relationship to community development or the outdoor recreation needs in the state. (3-18-22)
b. One (1) member represents a community of five thousand (5,000) population or more. (3-18-22)
c. One (1) member represents a community of five thousand (5,000) population or less. (3-18-22)
d. One (1) member represents the interests of ethnic minorities. (3-18-22)
e. One (1) member represents the interests of the elderly. (3-18-22)
f. One (1) member represents the interests of people with disabilities. (3-18-22)
g. One (1) member must be from the board. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.050 - GRANT CYCLE

Current through August 31, 2023
The funding cycle must occur at least once every two (2) years and may occur at any other regular interval within the fiscal year as determined by the state. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.065 - ELIGIBLE SPONSORS

Current through August 31, 2023
Governmental agencies that are eligible to receive or apply for the grant funds include incorporated cities, counties, state agencies, recreation districts, and other state or local governmental agencies authorized to provide general public recreation facilities. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.066 - ELIGIBLE PROJECTS

Current through August 31, 2023
LWCF grants are available to acquire or develop land that is to be used for outdoor recreation purposes and is to be held in perpetuity for public outdoor recreation uses. The sponsor must have title to or adequate control and tenure of the area to be developed. Projects clearly designed and located to meet identified needs for general public recreation, as well as to provide school districts with outdoor education, physical education, and recreation facilities may be eligible for funding, provided general public recreation is clearly the primary use. Projects must be consistent with the current LWCF Federal Assistance Manual. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.067 - INELIGIBLE PROJECTS

Current through August 31, 2023
Acquisitions or development that do not contribute directly to general public outdoor recreation facilities or activities are ineligible for LWCF funding. Acquisition of leases are not eligible for LWCF funding. The cost to a sponsor of land purchased from another public agency is not eligible for LWCF funding. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.080 - APPLICATION PROCEDURE

Current through August 31, 2023
01.
Procedure
. To be considered for a grant, a sponsor must follow the procedural requirements, file a completed grant application form prior to the stated deadline, propose an eligible project, and submit all other documentation specified in this rule. (3-18-22)
02.
Review for Completeness and Eligibility
. Materials submitted by the sponsor are reviewed by the Department for completeness and for project eligibility. (3-18-22)
03.
LWCF Advisory Committee Rating
. The LWCF Advisory Committee rates projects and assists the Department in making funding priority recommendations to the Idaho Park and Recreation Board. To objectively rate competing eligible projects, the committee considers the application, the presentation by the sponsor, and how the project meets the OPSP criteria and established priorities. (3-18-22)
04.
Board and NPS Approval
. The board reviews and approves a priority list for submission to NPS. Applications are submitted to NPS according to priority after LWCF moneys have been appropriated by Congress and allocated to the state. (3-18-22)
05.
Grant Agreement
. Upon approval of a grant application by NPS, the Department will present the sponsor with a grant agreement that identifies eligible costs and obligates the sponsor to a specified project scope. The sponsor must sign the agreement prior to initiating work on the project. The signed agreement obligates the sponsor to complete all elements of the project as described in the agreement and any applicable approved amendment. The signed agreement must include a proclamation from the sponsor's governing body committing the project and the sponsor to LWCF requirements in perpetuity. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.100 - FEES AND INCOME

Current through August 31, 2023
01.
User Fees
. User or other types of fees may be charged in connection with facilities developed with LWCF grants, provided that the fees and charges are commensurate with the value of recreation services or opportunities furnished and are in the prevailing range of public fees and charges for the particular activity involved. Discrimination on the basis of residence, including preferential reservation or membership systems and annual permit systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence. (3-18-22)
02.
Nonrecreational Income
. Nonrecreational income that accrues to an outdoor recreation area other than the intended recreational use, including income from land management practices, must derive from use that is consistent with, and complementary to, the intended outdoor recreational use of the area. Gross nonrecreational income that accrues during the project period established in the project contract must be used to reduce the total cost of the project. Gross nonrecreational income that accrues subsequent to the ending date identified in the project contracts must be used only to offset the expense of operation and maintenance of the facility. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.101 - SPONSOR'S MATCHING SHARE

Current through August 31, 2023
The sponsor must match a portion of the approved project cost as determined by the National Park Service. The sponsor's share can be either local funds, acceptable state funds, force account (labor or equipment), or donation of privately owned lands, goods or services. All matching funds must meet LWCF Program rules as well as the allowable cost rules under  2 CFR 200. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.102 - APPRAISAL REQUIREMENTS

Current through August 31, 2023
A real estate appraisal is required for all land to be acquired. The appraisal must be prepared and paid for by the sponsor. All appraisals must be done according to "Uniform Appraisal Standards for Federal Land Acquisitions." NPS requires that the Department has each appraisal reviewed by a qualified appraiser. Any appraisal report that does not meet the basic content requirement or use correct analysis procedures must be corrected to the satisfaction of the Department. All costs are paid by the sponsor. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.300 - FUND ALLOCATION

Current through August 31, 2023
01.
Administration Costs
. Idaho's cost of administering the SCORP program, the LWCF program and a contingency fund are deducted from the state's annual apportionment. The remaining funds are divided fifty percent (50%) for local governmental agencies and fifty percent (50%) for state agencies. This standard may be altered in any year at the discretion of the board. (3-18-22)
02.
Allocation by Population
. (3-18-22)
a. To assure that the needs of rural areas are met, twenty percent (20%) of the amount dedicated for local governmental agencies is dedicated for use by governmental agencies of five thousand (5,000) population or less. If the cumulative request of the governmental agencies of five thousand (5,000) population or less is more than the twenty percent (20%) of the amount dedicated for local governmental agencies, governmental agencies of five thousand (5,000) population or less may compete for the total remaining allocation. (3-18-22)
b. If the total cost for a single project of a governmental agency with a population of five thousand (5,000) or less requires over one-half (1/2) of the twenty percent (20%) dedicated for use by governmental agencies of five thousand (5,000) population or less, that project will compete with the large governmental agency projects. (3-18-22)
c. The board may suspend (through formal action at the board meeting at which LWCF grant requests are considered) any provision of this section if the allocation is too small to warrant viable projects. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.515 - PROJECT MANAGEMENT AND DISBURSEMENT OF FUNDS

Current through August 31, 2023
01.
Authorization
. Except as otherwise provided herein, the SLO must authorize disbursement of funds allocated to a project through reimbursement basis. The LWCF program is a reimbursement program, which means that the sponsors initially pay all project costs and then seek reimbursement through the Department(3-18-22)
02.
Documentation of Property Purchase
. Prior to submitting for property acquisition cost reimbursement, the sponsor must document that all deed, title insurance and appraisal requirements are satisfied. (3-18-22)
03.
Reimbursement
. The sponsor must request reimbursement on forms provided by the Department and must include all required documentation. The amount of reimbursement must never exceed the cash expended on the project. (3-18-22)
04.
Development Project Contract Requirements
. Development projects require competitive bidding and must comply with all local, state and federal requirements. (3-18-22)
05.
Records
. Project records must be maintained by the state and sponsor for three (3) years after final payment. The material must be maintained beyond the required three (3) year period if audit findings have not been resolved. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.650 - CONVERSION TO OTHER USES

Current through August 31, 2023
01.
Conversion
. The term "conversion" is used to identify properties that were acquired or developed with LWCF assistance that have been converted from a public outdoor recreation to other than public outdoor recreation uses without prior approval of NPS. (3-18-22)
02.
Fees
. The sponsor must pay all costs associated with the LWCF conversion process. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.33 - RULES GOVERNING THE ADMINISTRATION OF THE LAND AND WATER CONSERVATION FUND PROGRAM › Section 26.01.33.725 - ONGOING SPONSOR OBLIGATIONS

Current through August 31, 2023
01.
Permanent Project Signs
. The sponsor is required to install permanent public acknowledgment of LWCF assistance at project sites on at least one (1) prominent location, such as the project site entrance. The sponsor must use the LWCF symbol established and provided by the Department for such acknowledgment. If the sponsor wants to provide a more detailed sign, the Department must approve the sign prior to construction to ensure proper designation. (3-18-22)
02.
In Perpetuity
. The sponsor must maintain any outdoor recreation use within LWCF boundaries in perpetuity. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Park and Recreation Board is authorized under Section  67-7002, Idaho Code to promulgate rules to aid in the administration of the Idaho Safe Boating Act, Title 67, Chapter 70, Idaho Code; and is authorized under Section  67-7008A, Idaho Code, to promulgate rules prescribing the display of protection against invasive species stickers. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.34, "Idaho Protection Against Invasive Species Sticker Rules." (3-18-22)
02.
Scope
. This chapter establishes rules to aid in the administration and enforcement of the Idaho Safe Boating Act, Title 67, Chapter 70, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.010 - DEFINITIONS

Current through August 31, 2023
As used in this chapter: (3-18-22)
01.
Commercial Outfitters
. As defined in Section  36-2102(b), Idaho Code. (3-18-22)
02.
Department
. The Idaho Department of Parks and Recreation. (3-18-22)
03.
Fund
. Invasive Species Fund as defined in Section  22-1911, Idaho Code. (3-18-22)
04.
Idaho Invasive Species Act
. The Idaho Invasive Species Act of 2008 as established in Title 22, Chapter 19, Idaho Code. (3-18-22)
05.
Motorized Vessel
. Any watercraft requiring certificate of number under Section  67-7008, Idaho Code, or any comparable U.S. vessel certificate of number program. (3-18-22)
06.
Non-Motorized Vessel
. Any watercraft used or capable of being used as a means of transportation on water that is propelled by human effort. For the purpose of this chapter this term does not include small inflatable rafts or other inflatable vessels less than ten (10) feet in length. (3-18-22)
07.
Protection Against Invasive Species Sticker
. Any sticker issued by the Department in accordance with the provisions of Section  67-7008(A), Idaho Code. (3-18-22)
08.
Validation Sticker
. Any sticker issued by the Department in accordance with the provisions of Section  67-7008, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.050 - COLLECTION OF FEES AND DISTRIBUTION OF REVENUES INTO FUND

Current through August 31, 2023
In addition to any other moneys or fees collected pursuant to Section  67-7008  or any other provision of Title 67, Chapter 70, Idaho Code, all vessels are required to pay an additional fee as established in Section  67-7008A, Idaho Code. (3-18-22)
01.
Operator Responsibilities
. The operator of any watercraft required to display a Protection Against Invasive Species Sticker pursuant to this chapter will ensure that fees are paid and that a Protection Against Invasive Species Sticker is displayed on the vessel, except as provided in Subsection  075.01  of this chapter, prior to launch into the public waters of Idaho. (3-18-22)
02.
Prorated Group Rates for Commercial Outfitters
. (3-18-22)
a. Group rates for commercial outfitters with nonmotorized fleets exceeding five (5) vessels will be determined using the number of vessels within the fleet at the time of purchase of the stickers, as provided in Section  67-7008A(1)(c). Previous or future sticker purchases will be prorated separately. (3-18-22)
b. Protection Against Invasive Species Stickers purchased by outfitters or guides who are duly licensed in accordance with Title 36, Chapter 21, Idaho Code, must be accompanied by an affidavit that must be signed by the outfitter or guide. The signed affidavit verifies the number of vessels within the covered fleet and that the appropriate number of Protection Against Invasive Species Stickers has been purchased. The Protection Against Invasive Species Stickers and affidavit must be kept on file at the outfitter or guide's physical address and must be made available for inspection upon request of the Department or upon request by law enforcement. Non-motorized commercial outfitters and guides are not required to place a Protection Against Invasive Species Sticker on their vessels. Identification of commercial outfitted and guided boats must be in compliance with IDAPA 25.01.01, "Rules of the Outfitters and Guides Licensing Board," Subsection  054.03.a. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.075 - PROTECTION AGAINST INVASIVE SPECIES STICKER

Current through August 31, 2023
01.
Motorized Vessels
. Beginning with the 2010 boating season, upon payment of the fees required by Section  050  of these rules, the validation sticker as identified in IDAPA 26.01.30, "Idaho Safe Boating Rules," will also serve as the Protection Against Invasive Species Sticker for those vessels numbered pursuant to Section  67-7008, Idaho Code. (3-18-22)
02.
All Other Watercraft
. A separate Protection Against Invasive Species Sticker will be issued for all other watercraft upon payment of the fees required under Section  050  of these rules. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.076 - PLACEMENT OF PROTECTION AGAINST INVASIVE SPECIES STICKER

Current through August 31, 2023
01.
Location
. (3-18-22)
a. Motorized vessel. Except as provided in Subsection  075.01  of this chapter, the Protection Against Invasive Species Sticker should be affixed next to the current year validation sticker on the port (left) side of the vessel. (3-18-22)
b. Non-motorized. Except as provided in Subsection  050.02.a. of this chapter, the Protection Against Invasive Species Sticker should be affixed in the following manner. (3-18-22)
i. For canoes, kayaks, and other small rigid vessels, the Protection Against Invasive Species Sticker should be affixed near the bow above the waterline on the port (left) side, or on top of the vessel if there is little or no waterline distinction. (3-18-22)
ii. For inflatable (non-rigid) vessels, the Protection Against Invasive Species Sticker can be modified to allow attachment of a zip tie, plastic attachment, or other similar mechanism, or be laminated into a hang tag. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.34 - IDAHO PROTECTION AGAINST INVASIVE SPECIES STICKER RULES › Section 26.01.34.077 - ENFORCEMENT

Current through August 31, 2023
All operators of vessels as defined in this chapter must ensure their vessel is in compliance with the provisions of this chapter when launched upon the public waters of the state of Idaho. Non-compliance with the provisions of this chapter will result in possible assessment of penalties as described in Sec. 67-7033, Idaho Code, the Idaho Safe Boating Act. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.37 - RULES GOVERNING TEST PROCEDURES AND INSTRUMENTS FOR NOISE ABATEMENT OF OFF HIGHWAY VEHICLES › Section 26.01.37.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Park and Recreation Board is authorized under Section  67-7125, Idaho Code to promulgate rules to effectuate the purposes of and aid in the administration of Section  67-7125, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.37 - RULES GOVERNING TEST PROCEDURES AND INSTRUMENTS FOR NOISE ABATEMENT OF OFF HIGHWAY VEHICLES › Section 26.01.37.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. The title of this chapter is cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.37, "Rules Governing Test Procedures and Instruments for Noise Abatement of Off Highway Vehicles." (3-18-22)
02.
Scope
. This chapter establishes rules to effectuate the purposes of and aid in the administration and enforcement of Section  67-7125, Idaho Code. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.37 - RULES GOVERNING TEST PROCEDURES AND INSTRUMENTS FOR NOISE ABATEMENT OF OFF HIGHWAY VEHICLES › Section 26.01.37.010 - DEFINITIONS

Current through August 31, 2023
As used in this chapter: (3-18-22)
01.
All Terrain Vehicle (ATV)
. Any recreation vehicle with three (3) or more tires, under eight hundred fifty (850) pounds and less than forty-eight (48) inches in width, having a wheelbase of sixty-one (61) inches or less, traveling on low pressure tires, less than ten (10) pounds per square inch (psi). (3-18-22)
02.
A-Weighting Scale
. A sound filtering system contained in a sound meter which adjusts (weights) the incoming sound energy to approximate human hearing. (3-18-22)
03.
Calibrator
. A device used to standardize the reading of a sound level meter. (3-18-22)
04.
CC
. The displacement (size) of an engine in cubic centimeters. The kc's of an engine refers to the piston displacement or engine size. (3-18-22)
05.
Db or Decibel
. A unit used to measure the amplitude of sounds. As a sound measured in decibels increases, so does its loudness. (3-18-22)
06.
Off Highway Vehicle (OHV)
. Any ATV or motorbike as defined in Section  67-7101, Idaho Code, used off public highways but excluding those vehicles used exclusively on private land for agricultural use or used exclusively for snow removal purposes. These vehicles, together with others not covered by these rules, are sometimes commonly known as off-road vehicles or ORMV's. (3-18-22)
07.
Operator
. Any person who is in physical control of an OHV. (3-18-22)
08.
Red-Line Speed
. The lowest numerical engine speed included in the red zone on the OHV tachometer or prescribed by the manufacturer as compiled in the "Off-Highway Motorcycle and ATV Stationary Sound Test Manual" published by the Motorcycle Industry Council, Inc. (3-18-22)
09.
Revolutions per Minute (RPM)
. The number of times the crankshaft of an engine revolves in one (1) minute. (3-18-22)
10.
Sound Level Meter
. An instrument used for measuring sound levels, which includes a microphone, an amplifier, and meter with frequency weighing networks, such as the A-weighting scale. (3-18-22)
11.
Tachometer
. A device used to measure RPM of an engine. Tachometers used to obtain sound level measurements may be permanently affixed to the OHV or may be portable units such as hand-held electric, vibrating reed, or inductive tachometers. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.37 - RULES GOVERNING TEST PROCEDURES AND INSTRUMENTS FOR NOISE ABATEMENT OF OFF HIGHWAY VEHICLES › Section 26.01.37.050 - TEST PROCEDURE

Current through August 31, 2023
01.
Test Site
. The test site must be a flat, open surface free of large reflecting surfaces, other than the ground, such as parked vehicles, signboards, or hillsides located within sixteen (16) feet of the (OHV) being tested and the location of the microphone of the sound level meter. (3-18-22)
a. Ambient sound level. The ambient sound level, including wind effects, at the test site due to sources other than the OHV being measured must be at least ten (10) dB lower than the sound produced by the OHV under test. (3-18-22)
b. Wind speed. Wind speed at the test site must be less than twenty (20) miles per hour. (3-18-22)
c. Persons in test area. While making sound level measurements, not more than one (1) person other than the operator, the measurer, and the assistant, if necessary, may be within ten (10) feet of the OHV under test or the microphone of the sound level meter, and that person must be directly behind the measurer on a line through the microphone of the sound level meter and the measurer. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.37 - RULES GOVERNING TEST PROCEDURES AND INSTRUMENTS FOR NOISE ABATEMENT OF OFF HIGHWAY VEHICLES › Section 26.01.37.100 - MEASUREMENT

Current through August 31, 2023
01.
Sound Level Meter Settings
. The sound meter must be set for the A-weighing scale and may be set for either slow or fast dynamic response. (3-18-22)
02.
Exhaust Outlets
. Tests must be made on each side of the OHV having an exhaust outlet. (3-18-22)
03.
Location of the Microphone of the Sound Level Meter
. (3-18-22)
a. The microphone of the sound level meter must be located twenty (20) inches - one-half (1/2) inch behind the exhaust. If there is more than one (1) exhaust outlet per side, the microphone of the sound level meter must be located with reference to the rear most outlet. (3-18-22)
b. The microphone of the sound level meter must be within one-half (1/2) inch of the height of the exhaust outlet. (3-18-22)
c. The microphone of the sound level meter must be at a forty-five (45) degree - ten (10) degree angle to the normal line of travel of the OHV. (3-18-22)
d. The longitudinal axis of the microphone of the sound level meter must be in a plane parallel to the ground plane. (3-18-22)
e. The axis of the microphone of the sound level meter must be oriented as specified for field response by the manufacturer. (3-18-22)
Idaho Administrative Code › Title IDAPA 26 - Parks and Recreation, Department of › Rule 26.01.37 - RULES GOVERNING TEST PROCEDURES AND INSTRUMENTS FOR NOISE ABATEMENT OF OFF HIGHWAY VEHICLES › Section 26.01.37.150 - EQUIPMENT

Current through August 31, 2023
01.
Sound Level Meter
. A type one (1) sound level meter, which generally can provide the most accurate measurements, must be used for certification of exhaust systems and for law enforcement purposes. (3-18-22)
02.
Tachometer
. A hand-held tachometer of the type described in Subsection  010.11  must be used if the OHV does not have a permanently affixed tachometer. (3-18-22)
03.
Calibrator
. A calibrator appropriate for use with the sound level meter must be used to calibrate the sound level meter. (3-18-22)
04.
Manual
. Persons measuring sound levels for law enforcement purposes must use the "Off-Highway Motorcycle and ATV Stationary Sound Test Manual," published by the Motorcycle Industry Council, Inc. for current information concerning manufacturer's specifications for OHV operation. (3-18-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Section 28.02.03.000 - LEGAL AUTHORITY

Current through August 31, 2023
These rules have been adopted pursuant to Sections  67-4702,  67-4703,  67-4715,  67-4717,  67-4718,  67-4729, and  67-4733, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Section 28.02.03.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 28.02.03, "Department of Commerce Grant Program Rules." (3-31-22)
02.
Scope
. These rules implement the following Department of Commerce grant programs:
1) Idaho Regional Travel and Convention Grant Program;
2) Idaho Gem Grant Program;
3) Rural Community Investment Fund;
4) IGEM Grant Program;
5) Idaho Opportunity Fund; and
6) Idaho Community Development Block Grant Program. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Section 28.02.03.010 - DEFINITIONS

Current through August 31, 2023
01.
Department
. The Idaho Department of Commerce as set forth in Section  67-4701, Idaho Code. (3-31-22)
02.
Program Guidelines
. Department of Commerce grant programs are administered in accordance with applicable federal and state statutes, these rules, grant resources available on the Department's website, and written grant agreements entered into between the successful applicant and the Department. Collectively these laws, rules, handbooks, grant resources, and grant agreements are referred to as "program guidelines" throughout these rules and each may be enforced by the Department. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.050 - GENERAL GRANT PROGRAM REQUIREMENTS

Current through August 31, 2023
01.
Application Procedure
. All applicants must meet eligibility requirements specified in program guidelines. Eligible applicants must submit a completed application to the Department and meet the requirements specified in program guidelines prior to the application deadline specified therein. (3-31-22)
02.
Review of Applications
. Unless otherwise specified, all grants will be reviewed, ranked, and selected by the Department and relevant council members if applicable, in accordance with selection criteria specified in program guidelines. All applicants will be notified of their application status in a reasonable timeframe after the application deadline. (3-31-22)
03.
Grant Agreement
. All applicants selected for funding must enter into a written grant agreement with the Department. The grant will take effect upon the date of award specified in the grant agreement and grant monies cannot be expended until that date. (3-31-22)
04.
Amendments to Grant Agreements
. Extensions and amendments to grant agreements are only permitted if agreed to in writing and approved by the Department or applicable council members. (3-31-22)
05.
Grant Acknowledgment
. If required, projects funded by the Department must acknowledge said program as outlined in the program guidelines. (3-31-22)
06.
Reporting Requirements
. As specified in program guidelines, the grantee must provide regular progress reports to the Department to demonstrate progress toward planned outcomes, as well as a final report demonstrating the outcomes achieved. (3-31-22)
07.
Termination of Funding
. The grantee may only use the grant funds in accordance with program guidelines. If at any time the Department becomes aware of a grantee's noncompliance with program guidelines, or inappropriate or illegal use of grant funds, the Department may terminate the agreement. The Department may require an audit of grant funds. The Department may further terminate a grant if the project loses viability or is unlikely to meet the intent of the original application. (3-31-22)
08.
Limitation on Use of Funds
. Program guidelines detail ineligible uses of funds. In addition, funds cannot be used as follows: (3-31-22)
a. Political activities. For political purposes or to engage in lobbying or other partisan political activities. (3-31-22)
b. Religious activities. For the construction, rehabilitation or operation of active churches or religious structures used for religious purposes. (3-31-22)
c. Conflict of interest. If at any time the Department and/or any council member(s) becomes aware of an apparent or potential conflict of interest between a grantee and a private entity which may influence grant funds, the Department may request a meeting with the grantee's representatives. The Department may, at that meeting, terminate the grant if an inappropriate conflict of interest is found. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.100 - IDAHO REGIONAL TRAVEL AND CONVENTION GRANT PROGRAM

Current through August 31, 2023
01.
Program Inten
t. The intent of this program is to provide grant funds to non-profit, incorporated organizations which have in place a viable travel or convention promotion program, or both, in their area of operation. Preference is given to programs with a primary focus of promoting overnight visitation in Idaho. Funds may be used for tourism marketing which has a positive economic impact to the state of Idaho including, but not limited to, the promotion of accommodations, recreational areas, events, conferences, food and beverage, tourism services, culture, attractions, and transportation. (3-31-22)
02.
Eligible Applicants
. Non-profit entities with a focus on tourism. Entities must provide proof of non-profit status including: State of Idaho Certificate of Incorporation, Articles of Incorporation from the Secretary of State, or a letter of determination from the Internal Revenue Service, and Notice of Employer Identification Number assigned by the Internal Revenue Service. (3-31-22)
03.
Review of Applications
. The Idaho Travel Council will review applications in accordance with selection criteria specified in program guidelines. (3-31-22)
04.
Matching Funds
. This grant requires a cash match of twelve and one-half percent (12.5%) of the amount awarded, with further requirements specified in program guidelines. (3-31-22)
05.
Distribution of Funds
. The Department will reimburse funds to the grantee upon submission and review of complete documentation of funds expended. (3-31-22)
06.
Eligible Expenses
. (3-31-22)
a. Program intent. Eligible projects under the Regional Travel and Convention Grant Program must be consistent with the legislative declaration of policy in Title 67, Chapter 47, Idaho Code, and the program intent. Programs that are eligible for consideration must fall under the basic definition of travel or convention promotion. (3-31-22)
b. Administrative expense. The following administrative and overhead costs are allowable: (3-31-22)
i. Wages and benefits. Wages and benefits of one (1) designated grant administrator for time directly related to the task of grant administration. Other employee wages and benefits incurred in the execution of the grant program may be used as cash match with documentation. (3-31-22)
ii. Overhead. Reasonable, apportioned overhead costs of the grantee organization required to execute the grant program must be approved by the Idaho Travel Council. The Department will recommend preferred apportionment methods. (3-31-22)
Idaho Administrative Code › Title IDAPA 28 - Commerce, Department of › Rule 28.02.03 - DEPARTMENT OF COMMERCE GRANT PROGRAM RULES › Subchapter A - GENERAL GRANT PROGRAM REQUIREMENTS › Section 28.02.03.150 - IDAHO GEM GRANT (IGG) PROGRAM

Current through August 31, 2023
01.
Program Intent
. The intent of this program is to fund community development projects of rural communities for the purpose of improving the local economy, retaining or creating jobs, promoting the community for economic development and tourism, and assisting business expansion and diversification. (3-31-22)
02.
Eligible Applicants
. Idaho rural communities under ten thousand (10,000) persons and other Idaho rural communities at the discretion of the Director of the Department of Commerce are eligible to apply for IGGs up to a maximum of fifty thousand dollars ($50,000). IGGs to city and county governments may be administered by their designees as established by formally adopted resolutions. (3-31-22)
03.
Review of Applications
. The Department's Director, in his sole discretion, makes all IGG awards. The Director may make grant awards at any time the Director determines it necessary to take advantage of special opportunities that further the primary objectives of the IGG Program. (3-31-22)
04.
Matching Funds
.This grant requires a minimum of twenty percent (20%) matching funds of either cash or in-kind donations for the total amount of IGG funds received. Matching funds can be comprised of any combination of cash and in-kind donations and must meet conditions specified in the program guidelines. (3-31-22)
05.
Distribution of Funds
. Grantees receive payment of IGG funds on a cost reimbursement basis. Grant payment procedures will be established in the program guidelines. The Department will reimburse allowable costs up to the maximum grant amount for which both receipts and matching funds documentation have been provided. The grantee is responsible for any discrepancies in documentation. (3-31-22)
06.
Eligible Expenses
. Eligible expenses are specified in program guidelines. (3-31-22)
07.
Ineligible Expenses
. Funds may not be used for: (3-31-22)
a. Payroll costs for city, county, development corporation or other community agencies. (3-31-22)
b. Real property acquisition. Construction, rehabilitation, or operation of schools, general government facilities, jails or state facilities. (3-31-22)
c. Administrative costs. Expenses related to administering the grant will not be reimbursable to the grantee from grant funds. (3-31-22)