Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-5 - HISTORIC PRESERVATION › Subject 391-5-13 - STATE AND FEDERAL GRANTS PROGRAMS › Rule 391-5-13-.03 - Recreational Trails Program (RTP)

Current through Rules and
				Regulations filed through June 27, 2024
(1) Purpose and Name. The Recreational Trails
				Program (RTP) of the Georgia Department of Natural Resources (GA DNR)
				coordinates and administers federal pass through grants for recreational
				trails. The U.S. Department of Transportation, Federal Highway Administration
				(FHWA) provides federal funding to states for grants for both motorized and
				non-motorized recreational trail projects to construct new recreational trails,
				improve/maintain existing trails, develop/improve trailhead or trailside
				facilities, and acquire trail corridors. Funding for this federal grant program
				is derived from that portion of the federal gasoline tax paid on the gasoline
				purchased for non-highway recreational vehicles-off-highway motorcycles, ATV's,
				snowmobiles, and off-highway trucks. The Commissioner of the Georgia Department
				of Natural Resources, or his designee, is designated as the principal official
				for coordinating with the FHWA. O.C.G.A.
				12-2-6 provides the statutory
				basis for the Georgia Department of Natural Resources to administer this
				federal pass through grant program.
(2) Eligible Grant Recipients. All applicants
				must be currently registered in SAM.gov with a unique Data Universal Numbering
				System (DUNS) number. Applications from project sponsors not meeting this
				criterion will be deemed ineligible and will not be reviewed. Eligible grant
				recipients include:
* Georgia Qualified Local Governments (counties and
				  municipalities approved by the Georgia Department of Community Affairs),
				  including legally constituted recreation boards, commissions, or authorities
				  with legislative sanction
* State Agencies
* Federal Agencies
* Nonprofit organizations with IRS 501(c)(3) tax exempt
				  status, if applying for eligible educational program grants that promote
				  recreational trail safety and environmental protection
Prospective applicants may be deemed not eligible to apply if
				  they have active or previously awarded grants through GA DNR which are not in
				  full compliance with federal and state requirements. Successful completion of
				  projects in a timely and efficient manner is a key goal of the RTP grant
				  program. RTP staff will review each application for eligibility to
				  determine:
* Whether the applicant is on schedule with all active GA DNR
				  grant projects, and
* Whether the applicant is in compliance with all applicable
				  guidelines for current and past projects
Serious instances of non-compliance may result in application
				  denial. Past non-compliance may also be cause for GA DNR to place additional
				  requirements or special conditions on the grant, if selected, and as allowed by
				  2 CFR
				  200.207.
(3) RTP Grants General Scope, Terms and
				Conditions. FHWA funds allocated to States for RTP grants must be distributed
				as follows: 30 percent for motorized trail uses, 30 percent for non-motorized
				trail uses, and 40 percent for diverse trail uses. Funds allocated to the
				States also include a portion available for educational programs that promote
				safety and environmental protection as those objectives relate to the use of
				recreational trails.
The RTP grant program is a reimbursement program. Grant
				  recipients pay for 100 percent of the costs and then submit required
				  documentation for reimbursement for 80 percent of eligible costs, up to the
				  grant award amount. Match requirements can be met by private donations of
				  funds, materials, right-of-ways, and services at fair market value. Applicant
				  must document the availability of the required minimum twenty percent (20%)
				  match for each application.
RTP grant recipients will have 24 months to complete the
				  project from the date of the signed project agreement.
Project costs are eligible for 80% reimbursement only if
				  incurred after the project has been approved for funding by the FHWA, and a
				  project agreement has been signed. Project sponsors cannot be reimbursed for
				  work done prior to the project agreement date.
Due to the competitive process for these grants, upon
				  execution of a project agreement with a grant recipient, any requests for
				  additional funding or significant changes in the scope must be approved by GA
				  DNR staff and the FHWA.
Grant recipients will be required to attend a fiscal briefing
				  before execution of the signed project agreement.
Permitted uses of RTP Grant funds include:
* Construction of new recreational trails open to the public
				  on state, county, municipal or private lands where a recreational need for such
				  construction is shown.
* Development and rehabilitation of trailside and trailhead
				  facilities and trail linkages for recreational trails. Trailside and trailhead
				  facilities includes trail components or associated facilities which serve the
				  purpose and safe use of the recreational trail, and may include, but are not
				  limited to, the following: drainage, crossings, stabilization, parking,
				  signage, controls, shelters, hitching rails, water trail vessel launch
				  facilities, bike racks, fencing, motorized access barriers, underpasses, and
				  water, sanitary, and access facilities.
* Acquisition of easements or fee simple title from a willing
				  seller to property for recreational trails or recreational trail
				  corridors.
* Maintenance and restoration of existing recreational
				  trails.
* Lease of recreational trail construction and maintenance
				  heavy equipment, and purchase of hand tools.
* Provide access and use of recreational trails by persons
				  with disabilities.
* Redesign, reconstruction, non-routine maintenance or
				  relocation of recreational trails to benefit the natural environment or to
				  mitigate and minimize the impact to the natural environment.
* Construction of new recreation trails crossing federal land
				  if the project is consistent with resources management plans. Approval will be
				  contingent upon compliance with all applicable laws, including the National
				  Environmental Policy Act and the Forest and Rangeland Renewable Resources
				  Planning Act, and the Federal Land Policy and Management Act.
* Educational programs that promote safety and environmental
				  protection as those objectives relate to the use of recreational trails.
Uses not permitted with RTP Grant funds include:
* Condemnation of any kind of interest in property.
* Construction of new recreation trails for motorized use on
				  National Forest or Bureau of Land Management lands that have been recommended
				  for Wilderness designation.
* Upgrading, expanding, or otherwise facilitating motorized
				  use or access to recreational trails predominantly used by non-motorized
				  recreational trail users and on which, as of May 1, 1991, motorized use was
				  prohibited or had not occurred.
* Road construction or sidewalks.
* Purchase of recreational trail construction and maintenance
				  heavy equipment. (Does not include hand tools.)
* Administrative staff time, overhead or indirect charges are
				  not allowable charges.
* Feasibility studies.
* Playground equipment or campground development.
Minimum grantee compliance requirements include:
* Equal Opportunity: The grantee must comply with Title VI of
				  the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973,
				  The Age Discrimination Act of 1975, The Americans with Disabilities Act of 1990
				  and all other state and federal laws of non-discrimination. The applicant must
				  certify that no person shall be discriminated against on the basis of race,
				  color, sex, religion, national origin, age, or physical or mental handicap for
				  any program, activity, or facility sponsored, operated, or constructed under
				  the sub-grant project.
* State and Federal Laws / Regulations: Grantee shall comply
				  with all federal, state and local laws, regulations, executive orders and
				  ordinances applicable to the grant agreement or to usage of the grant funds.
				  Key regulations applicable to RTP include but are not limited to:
* 2 CFR
				  200, Uniform Administrative Requirements,
				  Cost Principles, and Audit Requirements for Federal Awards
* 2 CFR
				  1201
* FHWA Recreational Trails Program Interim Guidance
* 23
				  U.S.C. 206 Recreational Trails Program
* 23
				  U.S.C. 104(h), Recreational
				  Trails Program Apportionments
* 23
				  U.S.C. 106, Project Approval and
				  Oversight
* 23 CFR
				  1.36, Compliance with other Federal Laws and
				  Regulations
* 23 CFR
				  771, Environmental Requirements
* 23 CFR
				  635.410 Buy America
* 49 CFR
				  29, Suspension and Debarment
* Uniform Relocation Assistance and Real Property Acquisition
				  Policies Act of 1970
* 23
				  U.S.C. 114, Convict Labor
* 23 U.S.C. Prevailing Wage Rate (Davis Bacon Act)
* Grantees have statutory responsibilities to provide
				  opportunities for the participation of people with disabilities in recreational
				  trails activities funded under the RTP. Federal laws that affect the design,
				  construction, alteration, and operation of trail facilities include the
				  Architectural Barriers Act of 1968 (ABA), Section 504 of the Rehabilitation Act
				  of 1973, and the Americans with Disabilities Act of 1990 (ADA). The ADA
				  prohibits discrimination and ensures equal opportunity and access for persons
				  with disabilities. Section 504 of the Rehabilitation Act states that no
				  otherwise qualified individual with a disability in the United States, as
				  defined in section 7(20), shall, solely by reason of her or his disability, be
				  excluded from the participation in, be denied the benefits of, or be subjected
				  to discrimination under any program or activity receiving Federal financial
				  assistance. The ABA requires that facilities designed, built, altered, or
				  leased with funds supplied by the United States Federal Government be
				  accessible to the public. Current regulations implementing these statutes
				  contain requirements that apply to existing trail construction and program
				  operations and adopt technical standards to guide new trail construction and
				  alterations of existing networks.
* Buildings and facilities newly-constructed or altered with
				  Federal funds are subject to the accessibility requirements contained in the
				  Uniform Federal Accessibility Standards (UFAS), the standard currently
				  referenced in the ABA.
* Accessibility in Federally-assisted programs is governed by
				  the requirements of the United States Department of Transportation regulations
				  (49 CFR Part 27) implementing Section 504 of the Rehabilitation Act
				  (29 U.S.C.
				  794).
* The United States Department of Justice's (DOJ) Title II
				  implementing regulations (28 CFR Part 35) describe the obligations of State and
				  local governments for existing facilities and program operations, and require
				  Title II entities (public entities) to comply with either UFAS or the Americans
				  with Disabilities Act Accessibility Guidelines (ADAAG) developed by the United
				  States Architectural and Transportation Barriers Compliance Board when
				  constructing or altering facilities.
(4) RTP Application Process. RTP will begin
				each funding cycle in September of odd number calendar years with a public
				announcement soliciting eligible grant projects from eligible project sponsors,
				and posting of the specific grant cycle applications and instructions on the GA
				DNR website. Each funding cycle application announcement will include the
				following:
* Estimated total dollar amount of grant funding available
				  for that cycle
* Minimum and Maximum grant award amounts available
* Deadlines, application forms, specific requirements, and
				  procedures for submission of the pre and second-level grant applications and
				  required supporting documents
RTP biennial grant opportunities will involve a competitive
				  pre-application process followed by an invitation only second-level application
				  process. The detailed RTP pre-application and second-level application forms,
				  instructions, due dates, format, required forms/documents, required
				  drawings/maps, and project scoring criteria are available at the DNR website
				  at:
https://gadnr.org/grants
.
Pre-Application Process: Pre-applications are due in November
				  of odd numbered years. The exact due date is included in the grant cycle
				  announcement posting to the DNR website at:
https://gadnr.org/grants
. All
				  aspects of the pre-application must be completed electronically.
				  Pre-applications must be submitted by the deadline stated on the grant cycle
				  announcement or the application will not be eligible for review. The
				  pre-application should include the following:
* Cover letter on official letterhead signed by the chief
				  elected official/executive director/president
* A signed Pre-application Form to include a response to each
				  of the evaluation criterion
* A resolution adopted by the governing entity of the
				  applicant authorizing the application and committing all matching funds
				  required to complete the proposed project
* A narrative description of the proposed project
* Estimate of cost
* Preliminary site plan
* Plat and/or legal description of the property proposed for
				  purchase and/or development
* Location map
* Letters of commitment from partners providing grant match
				  of any type
All pre-applications are reviewed by the RTP staff to verify
				  applicant eligibility, and priority rank the eligible applications based on
				  project evaluation criteria. The pre-applications, and assigned scores and
				  rankings are also reviewed by the Georgia Recreational Trails Advisory
				  Committee. The highest ranking proposed projects will be invited to submit a
				  second-level application. All applicants will be notified in April in even
				  numbered years whether they have or have not been selected to submit the
				  second-level application.
Second-level Application: Applicants with selected
				  pre-applications will be invited to submit a second-level application.
				  Second-level applications are due in May in even numbered years, and shall
				  contain the following:
* A cover letter on entity letterhead
* A signed application cover sheet
* Detailed project budget
* Environmental assessment:
_____Concurrence from the Army Corps of Engineers
_____Concurrence from the U.S. Fish and Wildlife
				  Service
_____Concurrence from the Historic Preservation Division of
				  the Georgia Department of Community Affairs
If real property is to be acquired with grant funds, land
				  must be surveyed for hazardous materials to avoid acquiring property that is a
				  source of liability.
* Environmental Screening Form and Environmental
				  Checklist
* Copy of Deed to Property
NOTE: If real property is to be acquired with grant funds,
				  the acquisition must comply with the Uniform Relocation Assistance and Real
				  Property Acquisition Policies Act of 1970 (The Uniform Act). Implementation
				  regulations for the Act are found in 49 CFR Part 24 . Do not acquire property
				  until after the grant agreement has been executed and consultation with GA DNR
				  has occurred.
* Signed statement from landowner expressing support (This is
				  applicable if the applicant and landowner are not the same. A recorded easement
				  allowing trail construction will be required from the landowner before
				  construction begins.)
* Approvals to cross a public highway or a public utility
				  right-of-way (if applicable)
* Maps: Property Boundary Area Map
Preliminary Site Map, clearly depicting project
				  components
Site Location Map
* Detailed Project Development Budget
* Local Program Implementation Schedule
Second-level applicants who are unable to meet all
				  requirements for a complete application by the May deadline may be granted an
				  extension by the GA DNR RTP staff, up to August 31 of the same year. Detailed
				  instructions, guidance, specific due dates, applications and required forms are
				  available at:
https://gadnr.org/grants
.
Education Projects - Education projects must have a direct
				  relationship with a recreational trail or trails, and can include: safety
				  education and environmental protection programs, and the production of
				  trail-related educational materials such as information displays, printed
				  materials, video, audio, and interactive computer displays. Parties interested
				  in applying for an education project grant must consult with the Georgia
				  Recreational Trails Program staff prior to submitting an application.
(5) Application Review Process and
				Timeline.
* May, odd number calendar years - Georgia DNR announces
				  biennial funding cycle via public announcement and website posting of
				  information
* September, odd number calendar years - Pre-application
				  period opens
* November, odd number calendar years- Deadline for
				  Pre-application
* Pre-applications are reviewed for eligibility, scored and
				  ranked by the GA DNR RTP staff. Georgia RTP Advisory committee also reviews
				  application rankings, and the Georgia DNR Board is informed of the applicant
				  rankings. Copies of the selected pre-applicants are forwarded to the Federal
				  Highway Administration.
* April, even number calendar years- All pre-applicants are
				  notified, and selected pre-applicants are invited to submit second-level
				  applications. The second-level application process certifies completion of all
				  environmental assessments and required environmental permits, land ownership or
				  easements, and verifies the applicant's financial ability to complete the
				  project as proposed.
* May, even number years- Deadline for second-level
				  applications
* Second-level applicants who successfully complete all
				  requirements and submit all necessary documents by the deadline will be
				  recommended for grant approval to FHWA. Second-level applicants who are unable
				  to complete all requirements by the May deadline may be allowed an extension of
				  time until August 31, with approval by the GA DNR RTP staff.
* Grant funds will be available to successful applicants upon
				  approval by FHWA, a fiscal meeting with the GA DNR RTP staff, and execution of
				  a Project Agreement between GA DNR and the applicant.
(6) Criteria for RTP Grant Awards. The public
				announcement for each RTP funding cycle, available at the DNR website,
https://gadnr.org/grants
, will
				contain the specific criteria used in rating the applications. The criteria
				used to rank applications shall include:
* Degree to which the proposed project meets the project
				  area's recreational trail needs
* The population demographics served by the project
* Trail connectivity to other trails, parks, or
				  greenspaces
* Project enhancement of economic development
				  opportunities
* Public support and financial partners for the proposed
				  trail project
* Long-term management, operations, and maintenance plans and
				  commitments
* Americans with Disabilities Act accessibility
* Applicant's history in administering and completing grant
				  funded projects
* Mitigation of environmental impacts
* Ability to fully complete all aspects and requirements of
				  the pre-application and second-level application
(7) Application Submittal, Program
				Information- All applications should be submitted electronically.
Complete information on the Georgia Recreational Trails Grant
				  Program, including links to Federal guidelines and complete application
				  instructions, guidance, and required forms are available at:
https://gadnr.org/grants
.
O.C.G.A.
				  §
											48-7-29.8(1).