Iowa Administrative Code › Agency 761 - Transportation Department › Special Highway Programs › Chapter 165 - Recreational Trails Program › Rule 761-165.19 - Advance Eligibility of Land Acquisition and Preliminary Design Costs Incurred Prior to Funding Commitment by Commission

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Need for advance
				eligibility.
If there is extreme urgency involving land acquisition or
				preliminary design and a necessity to protect or preserve a project corridor or
				to proceed with the preparation of project construction plans prior to a
				recreational trails program funding commitment, a potential applicant may
				submit a written request to the department for a determination of advance
				eligibility to incur costs for land acquisition or preliminary design
				immediately. A determination of advance eligibility by the department will
				allow specified costs incurred prior to a funding commitment by the commission
				to be eligible for reimbursement with recreational trails program funding
				without jeopardizing the project's eligibility for funding approval, but does
				not imply or guarantee that the commission will commit recreational trails
				program funding to a subsequent application.
(2)
Request, justification and
				review.
The request must be received by the department prior to the
				expenditure and must include justification regarding the extreme urgency and
				necessity to incur costs prior to a recreational trails program funding
				commitment. A request for land acquisition must also include a description of
				the land to be acquired, a summary of the estimated costs, and a map showing
				the parcels to be acquired. Preliminary design requests must include a
				description of the project scope, location map, and proposed cross section. If
				the request will include consultant design costs, a draft agreement between the
				jurisdiction and the consultant must be submitted which includes the scope of
				services to be rendered. Costs for recreational trails program application
				preparation and submission or project feasibility, route alignment studies or
				other planning expenses as cited in paragraphs 165.17(2)
"c"
and
"d"
remain ineligible for recreational trails program
				funding and shall not be included in a request for determination of advance
				eligibility. The department will review the submittal. If the requirements of
				this rule are met, the department will provide written confirmation of the
				determination of advance eligibility.
(3)
Requirements.
Any cost
				incurred before the request is received by the department will be ineligible
				for reimbursement. Costs receiving a determination of advance eligibility must
				be noted in the subsequent recreational trails program funding application
				submitted to the department. Land acquired or design work completed following a
				determination of advance eligibility will not be eligible for reimbursement
				with recreational trails program funds if the property acquired or design work
				completed is not necessary to construct the proposed recreational trails
				program project included in the subsequent application. Design costs receiving
				a determination of advance eligibility may not exceed 10 percent of the total
				construction costs for the project. An application for funding which includes
				the expenditure must be received by the department within two years following
				the determination of advance eligibility, or the costs may become ineligible
				for recreational trails program funding.