Illinois Administrative Code › Title 17 - CONSERVATION › Part 3090 - RECREATIONAL TRAILS PROGRAM › Section 3090.70 - Program Compliance Requirements and Grant Agreement

Current through Register Vol. 48, No. 28, July 12, 2024
a) Program Compliance Requirements
1) Any property acquired or developed through
			 assistance from an RTP grant must be open to the general public during
			 reasonable hours and reasonable days for the recreational use described in the
			 grant application, without regard to race or color, creed, national origin, sex
			 or disability.
2) If the land is
			 acquired with funding assistance from the RTP:
A) the land shall be operated and maintained
			 for the time period and for the trail purposes specified in the grant
			 application, the Grant Agreement and
			 23
			 CFR 1.23 and
			 1.27(2015),
			 except as provided in subsection (a)(4).
B) the Department will require the grant
			 recipient to secure and record on the deed a covenant limiting the use of the
			 property to the uses outlined in the grant application and the Grant Agreement.
			 The language of the covenant will be determined by the Department and provided
			 to the grant recipient.
3) For projects receiving grant assistance
			 for development costs only, terms of this Part and the Grant Agreement shall no
			 longer apply after the following time periods:
Total Grant Award
Time Period After Final Project
						  Billing
$1 to $50,000
5 years
For every $10,000 increment over $50,000
Add 1 year
4) Any
			 portion of the property acquired or developed with RTP grant funds may not be
			 converted to a use other than the public recreation use stated in the grant
			 application and the Grant Agreement without prior Department approval. Approval
			 for property conversion will be granted only if the project sponsor:
A) substitutes replacement property of at
			 least equal fair market value and comparable in outdoor recreation usefulness,
			 quality and location; or
B) repays
			 to the Department an amount equal to the original grant amount or equal to the
			 property's fair market value at the time of noncompliance, whichever is deemed
			 most appropriate by the Department.
5) For projects receiving acquisition
			 assistance, the project sponsor shall submit to the Department an appraisal of
			 the land to be used in the project. The Department will review the appraisal
			 and, if it meets Department specifications, the Department will accept that
			 appraisal.
6) For projects
			 receiving development assistance, the project sponsor must possess legal
			 control over the property by either fee simple title or by other means
			 (easement, lease, etc.) for at least 25 years. The Department will consider, on
			 a case-by-case basis, lease arrangements for shorter periods if State statute
			 prohibits a unit of local government from entering into at least a 25-year
			 agreement, or if other circumstances beyond the control of the unit of local
			 government prohibit those 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 the dates
			 when the advertisement/prospectus will be released, must also be presented,
			 upon request, to the Department for review prior to publication.
7) Prior to construction of RTP grant
			 assisted facilities, the project sponsor shall obtain all necessary permits,
			 licenses or forms of consent, as the case may be, from, but not limited to, the
			 following agencies:
A) Illinois Department of
			 Natural Resources, Office of Water Resources;
B) Illinois Environmental Protection
			 Agency;
C) U.S. Army Corps of
			 Engineers;
D) Illinois Department
			 of Public Health (Campground Licensing and Recreational Area Act [210 ILCS 95
			 ]);
E) Illinois Department of
			 Transportation, Division of Highways; and
F) Local building, zoning and road
			 commissions.
8) Prior to
			 any trail construction or trail development on sites that have been approved
			 for RTP grant assistance, the project sponsor must comply with the consultation
			 requirements of Section 11(b) of the Illinois Endangered Species Act [520 ILCS
			 10 ] and Section 4 of the Illinois State Agency Historic Resources Preservation
			 Act [20 ILCS 3420 ].
9) The project
			 sponsor is required to enter into a Grant Agreement with the
			 Department.
10) Upon completion of
			 the project that is the subject of the grant, or as otherwise specified in the
			 Grant Agreement, the project sponsor must submit a signed project billing
			 request (expenditure statement) listing and verifying all funds expended on the
			 project for which grant reimbursement is sought, as well as required billing
			 documentation if applicable, as follows:
A)
			 Acquisition Project:
i) Proof of good faith
			 negotiations or fair market value offer to land seller, copy of property deed,
			 copy of title insurance policy (Judgment Order in case of condemnation) showing
			 ownership transferred to the project sponsor, and copies of canceled checks
			 showing proof of payment to seller; or
ii) Proof of a long-term lease between the
			 landowner and the grantee.
B) Development Projects: Copy of construction
			 as-built drawings (no larger than 11" x 17") and verification of actual project
			 costs.
11) All financial
			 records on approved projects must be maintained and retained in accordance with
			 the Grant Funds Recovery Act [30 ILCS 705 ], the State Records Act [5 ILCS 160
			 ] and any other applicable State laws by the project sponsor for possible State
			 audit after final reimbursement payment is made by the Department. Financial
			 records on approved projects must also be maintained in accordance with federal
			 statute and regulations (e.g.,
			 2 CFR
			 200.333(2015) ), which may
			 or may not be different from State statute and regulations.
12) The project sponsor must permanently post
			 an RTP grant acknowledgment sign at the project site. The required wording for
			 the RTP sign will be provided by the Department.
13) Projects assisted with RTP grant funds
			 shall be implemented in accordance with all applicable federal, State and local
			 laws, ordinances and regulations relating to public agency expenditure of funds
			 for public works projects.
14) The
			 project sponsor must observe and comply with the provisions of Section 4 of the
			 Prevailing Wage Act [820 ILCS 130 ], which apply to the wages of laborers,
			 mechanics and other workers employed in any public works, and with the
			 prevailing wage requirements of Section 25-60 of the Illinois Procurement Code
			 [30 ILCS 500 ].
15) A Department
			 representative may make periodic inspections of the project as construction
			 progresses. A final inspection and acceptance of the completed project may be
			 made by a representative or agent of the Department prior to final payment of
			 grant reimbursement to the project sponsor.
16) The project sponsor shall indemnify,
			 protect, defend and hold harmless the Department from any and all liability,
			 costs, damages, expenses or claims arising under, through or by virtue of the
			 construction, operation and maintenance of RTP grant assisted
			 facilities.
17) In connection with
			 and prior to the construction and the subsequent operation and maintenance of
			 RTP grant assisted facilities, the project sponsor is responsible for obtaining
			 any and all necessary construction permits, licenses or forms of consent
			 required by law. Failure to obtain any required permits may jeopardize grant
			 funding.
18) The project sponsor
			 must comply with and abide by the following operation and maintenance
			 provisions:
A) All lands and facilities
			 acquired, constructed or maintained with RTP grant funds shall be:
i) continuously operated and maintained by
			 the project sponsor in a safe and attractive manner at no cost to the
			 Department; and
ii) operated and
			 utilized in such a manner as to maximize the intended benefits to the
			 public.
B) The
			 Department shall have access to RTP grant assisted facilities at all times for
			 inspection purposes to ensure the project sponsor's continued compliance with
			 this Part and the Grant Agreement.
C) The project sponsor may enter into a
			 contract or agreement with responsible concessionaires to operate and/or
			 construct facilities for dispensing food to the public and/or any other
			 services as may be desired by the public and the project sponsor for enjoyable
			 and convenient use of the RTP grant assisted site.
D) The possession, sale or consumption of
			 alcoholic beverages on RTP grant assisted sites is expressly
			 prohibited.
E) The charging of user
			 fees for general public use of RTP grant assisted trails or facilities must be
			 approved by the Department and reflected in the Grant Agreement.
19) Conflict of Interest
A) If the project sponsor is a local
			 government, no official or employee of the local government who is authorized
			 in his or her official capacity to negotiate, make, accept, approve or take
			 part in decisions regarding a contract or subcontract in connection with an
			 approved RTP grant project shall have any financial or other personal interest
			 in that contract or subcontract.
B)
			 If the project sponsor is a local government, no person performing services for
			 that local government in connection with an approved RTP grant project shall
			 have a financial or other personal interest other than his or her employment or
			 retention by the local government in any contract or subcontract in connection
			 with an approved RTP grant project. No officer or employee of a person retained
			 by the local government shall have any financial or other personal interest in
			 any real property acquired under an approved RTP grant project unless that
			 interest is openly disclosed on the public records of the local government and
			 that officer, employee or person has not participated in the acquisition for,
			 or on behalf of, the local government.
20) The project sponsor shall certify in the
			 Grant Agreement that it provides a drug free workplace and related employee
			 assistance as defined and required by the Drug Free Workplace Act
			 [30 ILCS
			 580/3 ].
21) Pursuant to Section 2-105(A)(4) of the
			 Human Rights Act [775 ILCS 5 ], the project sponsor shall maintain a written
			 sexual harassment policy that includes, at a minimum, the following
			 information:
A) the illegality of sexual
			 harassment;
B) the definition of
			 sexual harassment under State law;
C) a description of sexual harassment
			 utilizing examples;
D) the
			 contractor's internal complaint process, including penalties;
E) the legal recourse, investigation and
			 complaint process available through the Illinois Department of Human Rights and
			 the Human Rights Commission and directions on how to contact both;
			 and
F) protection against
			 retaliation as provided by Section 6-101 of the Illinois Human Rights Act [775
			 ILCS 5 ]. A copy of the policy shall be provided to the Department of Human
			 Rights upon request.
22)
			 Grant Agreement Modification or Termination
A)
			 In the event that sufficient State funds are not appropriated to meet all the
			 obligations of the RTP, the State will unilaterally rescind Grant Agreements
			 that cannot be funded. DNR may also terminate the grant for other reasons
			 specified in the Grant Agreement.
B) Except as otherwise provided in subsection
			 (a)(22)(A), after project commencement, Grant Agreements may be rescinded,
			 modified or amended only by mutual agreement with the project sponsor. A
			 project shall be deemed to be commenced when the project sponsor makes any
			 expenditure or incurs any obligation with respect to the project.
23) RTP Violation
Failure by the project sponsor to comply with any of the
				program terms listed in this Section and the Grant Agreement shall be cause for
				the suspension of all grant assistance obligations under the Grant Funds
				Recovery Act, unless, in the judgment of the Department, the failure was due to
				no fault of the project sponsor (e.g., statutory changes, acts of
				God).