Illinois Administrative Code › Title 17 - CONSERVATION › Part 3040 - ILLINOIS BICYCLE PATH GRANT PROGRAM › Section 3040.70 - Program Compliance Requirements

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any property acquired or developed through
			 assistance from the Illinois Bicycle Path Grant Program must be open to the
			 general public for bicycle use. Property acquired or developed with program
			 assistance may not be converted to a use which would deny bicycle use as
			 provided by terms of the Project Agreement without prior Department approval.
			 Approval for property conversion will be granted only if the project sponsor
			 substitutes replacement property equal in fair market value and comparable in
			 bicycling usefulness, quality and location.
b) Land acquired with funding assistance from
			 the Illinois Bicycle Path Grant Program shall be operated and maintained in
			 perpetuity for public bicycle path and recreation use.
c) For projects receiving development grant
			 assistance only, terms of this Part shall no longer apply after the time period
			 specified below relating to the total amount of grant funds expended on the
			 project:
Total Grant Award
Time Period After Final Project Billing
$0-$50,000
5 years
for every $10,000 increment over $50,000
add 1 year
d) For
			 projects receiving acquisition assistance, an appraisal must be provided by the
			 sponsoring agency and submitted to the Department for review and certification.
			 The appraisal must be completed to Departmental specifications. Title to any
			 property for which grant reimbursement is sought cannot be taken by the
			 sponsoring agency before Department approval of Certified Fair Market Value for
			 the property is received.
e) For
			 projects receiving development assistance, the sponsoring agency must possess
			 either fee simple title or a permanent easement to the property being improved
			 or an approved lease arrangement of at least 25 years, unless otherwise
			 approved by the Department. The Department will consider, on a case-by-case
			 basis, lease arrangements for shorter periods when State statute prohibits a
			 unit of local government from entering into such a long-term agreement, or
			 other circumstances beyond the control of the local unit of government prohibit
			 such arrangements (see Section
			 3040.50(a)(1)
			 ). The sponsor must also adhere to applicable state and local procurement
			 requirements and make available to the Department all working plans,
			 specifications, contract documents and cost estimates for review prior to
			 commencing work. The format for any advertisement or prospectus soliciting and
			 inviting bids, indicating dates of same, must also be presented, upon request,
			 to the Department for review prior to publication. The Department will notify
			 the project sponsor if the proposed project requires approval from a registered
			 structural engineer.
f) The local
			 sponsoring agency is required to enter into an agreement with the Department
			 for an amount agreed upon as necessary to complete the approved project,
			 specifying the related grant reimbursement amount and program compliance
			 regulations.
g) Upon project
			 completion, the project sponsor must submit a certified project billing request
			 (expenditure statement) listing/verifying all funds expended on the project for
			 which grant reimbursement is sought, as well as required billing documentation,
			 as follows:
1) ACQUISITION PROJECT: Proof of
			 fair market value offer to seller for the property, copy of deed (Judgement
			 Order in case of condemnation) showing ownership transferred to the local
			 project sponsor, and copies of cancelled check(s) showing proof of payment to
			 seller.
2) DEVELOPMENT PROJECTS:
			 Copy of Construction As-Built drawings (no larger than 11" x 17"), copy of
			 receipts/invoices for project costs, and copy of cancelled checks showing proof
			 of payment.