Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 670 - BUREAU OF PARKS AND LANDS › Chapter 160 - RULES FOR ATV CLUB TRAIL MAINTENANCE GRANT-IN-AID PROGRAM › Section 670-160-3 - TERMS AND CONDITIONS OF APPLICATION/AGREEMENT

Current through 2024-29, July 17, 2024
By applying for the grant, the applicant agrees to the
				  following conditions together with any other terms that are stated in the grant
				  application or approval:
A. All grant
				money received under the program must be used only for construction and
				maintenance of the ATV trails specified in the grant application. For purposes
				of this grant, trail construction and maintenance includes removing rocks,
				stumps, and debris, trail brushing, constructing or repairing bridges, and
				developing erosion control features such as ditches and water bars. It also
				includes the cost of gas, oil, reasonable rates for heavy equipment use,
				backing material for signs and bridges, and reasonable labor expenses if
				actually paid to a person who is hired to work on the trails. All expenses to
				be reimbursed are subject to the approval of the Bureau.
B. The applicant's trails must be established
				only on land where it has received permission from the landowners (and tenants,
				where applicable) to use for ATV trail purposes. By signing the application,
				the applicant's president must certify that landowner permission has been
				obtained for all trails included in the application.
C. The applicant and its members must ensure,
				and will continue to ensure, that the trails and related facilities are safe,
				in good condition, and conform with all applicable laws and regulations,
				including obtaining all necessary local, DEP and/or LURC permits, and
				maintaining adequate trail signs, as provided by Bureau guidelines.
D. The trail(s) must aggregate at least 5
				miles in length and must be open to the general public for ATV use. Landowners
				and tenants giving permission to use the land must have been notified the
				trails are open to the general public for ATV use. The trails must not be part
				of a system that another grantee has applied for or received a grant under this
				program.
E. A map of the trail
				location must be submitted with the application and will be incorporated into
				the agreement.
F. Approved
				applicants must submit a request for reimbursement form (supplied by the
				Bureau) to the ATV Program In order to have expenses considered for full
				reimbursement. The completed request must be received by the Bureau, or
				postmarked, no later than January 31st. Request forms postmarked after January
				31st, forfeit 10% of the total approved amount for each day the request is
				late, and may be subject to further reductions if the Bureau determines it no
				longer has the funds on hand to meet the request.
G. An explanation of expenditures including
				worksheets must accompany the reimbursement request. All supporting materials
				(bills & invoices) must be submitted to the ATV Program on request and be
				available for up to three years for audit by the Bureau. If the grantee does
				not comply with this requirement, the grantee forfeits the
				reimbursement.
H. The Bureau has
				sole discretion to determine if expenditures are permitted and reasonable and
				the club has complied with the terms of the agreement and all applicable laws,
				rules and regulations. After making this determination, the Bureau will pay the
				approved expenditures up to the amount stated in the application, provided
				funds are available in the appropriate Bureau account as determined by the
				Bureau.
I. Title 5 M.R.S.A.,
				§784(2) provisions on nondiscrimination in employment apply to the
				agreement.
J. The applicant agrees
				not to assign, transfer, lease or encumber its rights or obligations under the
				agreement or to the trails, without the Bureau's prior written consent. Except
				for proceedsreceived by the Bureau under any liability insurance policy, the
				applicant shall indemnify, defend, and save the State and its employees
				harmless from and against any claims, losses, liabilities, costs, expenses,
				damages or other obligations of any nature in any way arising out of the use,
				occupation, maintenance, repair or development of any trails or related
				facilities or equipment used in connection with the grant.. The Bureau shall
				have no responsibility or liability for the maintenance or use of the trails.
				The Bureau may, in its discretion, provide an insurance policy that, subject to
				its terms, provides liability coverage to itself, the landowner, and/or the
				approved applicant covering the use of the property by the applicant and
				members of the public pursuant to the terms of the grant and this
				rule.
K. The State may at any time
				inspect any facilities or equipment in connection with the agreement.
L. The applicant must be a non-profit
				corporation in good standing with the Secretary of State, Bureau of
				Corporations, Elections and Commissions.