Loading (50 kb)...'
(continued) aintenance and conservation practices are not sufficient to meet established soil standards and/or wildlife habitat protection program requirements, or
(2) Upon determination that a repair project is necessary to mend damage to property caused by illegal OHV recreation on property where such use is prohibited by federal, state, or local law, or
(3) Upon lands that have been closed by the administrative agency to recreational motorized use.
(b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for restoration and/or repair projects.
Educational institutions and nonprofit organizations are not eligible to apply for restoration projects.
(c) Examples of restoration projects include, but are not limited to the following:
(1) Restoring and stabilizing land contours.
(2) Planting and/or reintroduction of native plants, shrubs, trees, or groundcovers.
(3) Construction of physical barriers and other means of traffic control devices to prevent use of the area by off-highway motor vehicles in order to achieve restoration.
(4) Eradicating evidence of illegal OHV recreation and returning the land to the condition that existed prior to the illegal OHV recreation, to the extent practical, including the planting of plants, shrubs, trees, or groundcovers.
(d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to restoration projects.
(e) Applications for restoration projects shall include all the information required under Section 4970.53 plus the following:
(1) A general project description, project costs, activities to be performed ( "deliverables").
(2) An explanation of any legal recreational OHV activity being displaced and what maintenance and conservation efforts were taken and why they were not successful.
(3) Project specific map(s) and representative photographs of restoration sites.
(4) An explanation of what law enforcement efforts and follow up activities will be performed to support the restoration sites/projects.
(5) Descriptions of the success criteria and monitoring that will be used to determine project success.
(6) An anticipated timeline for implementation of project(s).
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.50 and 5090.64(a), Public Resources Code.
s 4970.63. Scientific Research Projects.
(a) Scientific research projects implement scientific research to evaluate, estimate, analyze, and address the possible impact on, or of, OHV recreation and develop responsive management recommendations.
(b) Cities, counties, appropriate districts, federal agencies, federally recognized Native American tribes, educational institutions, and nonprofit organizations are all eligible to apply for scientific research projects.
(c) Scientific research projects on OHV recreation may include, but are not limited to those that address the following objectives:
(1) Determine the best management practices, including maintenance and conservation practices, available or designed to provide for sustainable long-term OHV recreational use of roads, trails, areas, or lands.
(2) Determine current and future unmet needs for roads, trails, areas, and related facilities to meet the need for sustainable long-term OHV recreation use.
(3) Document potential effects of OHV recreation on natural and cultural resources.
(4) Document potential effects of OHV recreation on other recreation uses.
(5) Document potential effects of OHV recreation on adjacent lands.
(6) Document potential impact on relationships between OHV recreation and local residents.
(7) Identify and/or further technological advances to reduce noise, air, and water pollution from OHVs.
(8) Document lands subject to OHV recreation use through geologic survey and slope maps or topographic maps.
(9) Document toxic or hazardous waste within an area and adjacent property that may impact the site.
(d) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to scientific research projects.
(e) Applications for scientific research projects shall include all the information required under Section 4970.53 plus the following:
(1) A general project description, project costs, and activities to be performed ( "deliverables").
(2) Project specific map(s) and, if applicable, trails map(s).
(3) Research project design listing a description of the goals, objectives, and methodologies.
(4) A timeline for completion of the scientific research project.
(5) Documentation of peer review of the research plan. The peer review shall be conducted by at least three qualified experts from the scientific discipline or related fields.
(6) A history of the organization's past performance and experience conducting scientific research projects as well as the curriculum vitae of the primary researcher(s).
(7) Nonprofit organization and educational institution applicants shall provide the approval of the property manager, land management agency, or landowner to perform the scientific research.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5024.1, 5090.32 and 5090.50, Public Resources Code.
s 4970.64. Trail Maintenance Projects.
(a) These projects consist of two types: trail maintenance and trail reroute necessitated by safety and/or destruction by natural disaster.
(b) Cities, counties, appropriate districts, federal agencies, and federally recognized Native American tribes are eligible to apply for trail maintenance projects. Educational institutions and nonprofit organizations are not eligible to apply for trail maintenance projects
(c) Trail maintenance is routine work on roads, trails, or areas, including, but not limited to the following:
(1) Brushing.
(2) Trail signing.
(3) Fallen tree removal.
(4) Tread work related to safety or ease of passage.
(5) Snow or trail grooming (e.g. rock rakes, tractor work).
(d) Trail reroute work includes closing the existing trail or trail segment, including restoration activities and replacement of the closed trail segment with superior alignment.
(e) See Chapter 3 of the OHMVR Division Manual for a list of eligible costs attributable to trail maintenance projects.
(f) Applications for trail maintenance projects shall include all the information required under Section 4970.53 plus the following:
(1) A general project description, project costs, and activities to be performed ( "deliverables").
(2) Project specific map(s) and trails map(s).
(3) A maintenance plan.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.
s 4970.65. California Environmental Quality Act (CEQA) Requirements.
(a) The Division is required to comply with CEQA (PRC Section 21000 et seq.) in order to approve all grants and cooperative agreements under the OHMVR grants and cooperative agreements program.
(b) FOR CITY, COUNTY, APPROPRIATE DISTRICT, EDUCATIONAL INSTITUTION, AND NONPROFIT ORGANIZATION APPLICANTS ONLY
(1) All city, county, appropriate district, educational institution and nonprofit organization applicants shall provide the required documentation for the Division to determine that CEQA compliance has been met. All such applicants applying for a restoration grant or relying on a Categorical Exemption for CEQA compliance shall also provide responses to questions required by Section VI of the Application Instructions. CEQA compliance shall be determined by one of the following:
(A) A Notice of Exemption (NOE) finding that the project is exempt from CEQA that has been filed for the project consistent with CEQA Guidelines Section 15062, or
(B) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/Mitigated Negative Declaration (IS/MND) for activities that are not categorically exempt, but fit within the definition of activities that may be covered by a ND under CEQA, together with a copy of the Notice of Determination filed for the project (NOD), or
(C) An Environmental Impact Report (EIR) if the proposed activity poses a potentially significant impact as defined in an IS/ND checklist, or meets any of the tests for mandatory findings of significance under CEQA (PRC Section 21083; CEQA Guidelines Section 15065), or
(D) Other documentation indicating that the requirements of CEQA have been satisfied in the discretion of the applicant or the reasons the applicant believes the project is categorically exempt or not subject to the CEQA requirements.
(2) Notwithstanding subdivision (b)(1), where the applicant is not a lead agency and CEQA compliance has not otherwise been met, the applicant shall provide responses to questions required by Section VI of the Application Instructions and shall also provide adequate information to the Division to make a sufficient project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required.
(A) Within forty-five (45) calendar days of determining the application has complied with the Application Instructions, the Division will determine what additional documentation or information is required for the Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The Division cannot promise to complete the added CEQA work needed if the time and resources required exceed the time and resources available to complete the application selection process. If the Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the applicant in writing and return the application and supporting materials.
(B) If the Division determines that additional information is required for the grant application to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the application process, it will request such additional documentation from the applicant be returned within ten (10) calendar days of the written request.
(1) Applicants who do not return the requested additional information within the ten-day time limit will have their applications returned without further processing.
(2) For those applications that are accepted for further CEQA compliance, the Division will use its best efforts to cause the CEQA compliance work to be completed in sufficient time for final Commission allocation of funds and approval of the activities to be funded ( "deliverables") for the project(s). However, the Division cannot guarantee the project will be certified as CEQA compliant. Also, the Division reserves the right to cease CEQA compliance work if it determines the project may not be funded in light of the project evaluation and scoring process and submission of the project to the Commission grant subcommittee for preliminary review and funding allocations. Within forty-five (45) calendar days of receipt of the applications, the Division shall review the application for environmental compliance.
(c) Within forty-five (45) calendar days of receipt of the applications, the Division shall review the application for environmental compliance.
(1) Any application not addressing (b) above shall be returned to the applicant without further processing.
(2) If (b) above is addressed and the Division needs to clarify information provided, the Division shall submit in writing a request for such information from the applicant within the 45-day review period. The Division shall request that the applicant provide the additional information in writing to the Division within ten (10) calendar days of receipt of the request.
(3) Applicants that do not return the requested additional information within the ten (10) calendar day limit shall have their applications returned without further processing.
(d) FOR FEDERAL AGENCIES OR FEDERALLY RECOGNIZED NATIVE AMERICAN TRIBE APPLICANTS ONLY
(1) All federal agency and federally recognized Native American tribe applicants shall submit completed project-related NEPA compliance documentation with their applications together with the responses to questions required by Section VI of the Application Instructions, to allow the Division to make a sufficient project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required.
(2) Within forty-five (45) calendar days of determining an application has complied with the Application Instructions, the Division will determine what additional documentation or information is required for the Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The Division cannot promise to complete the added CEQA work needed if the time and resources required exceed the time and resources available to complete the application selection process. If the Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the applicant in writing and return the application and supporting materials.
(A) If the Division determines that additional information is required for the cooperative agreement applications to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the application process, it will request such additional documentation from the applicant be returned within ten (10) calendar days of the written request.
(B) Applicants who do not return the requested additional information within the ten-day time limit will have their applications returned without further processing.
(C) For those applications that are accepted for further CEQA compliance, the Division will use its best efforts to cause the CEQA compliance work to be completed in sufficient time for final Commission allocation of funds and approval of the activities to be funded ( "deliverables") for the project(s). However, the Division cannot guarantee the project will be certified as CEQA compliant. Also, the Division reserves the right to cease CEQA compliance work if it determines the project may not be funded in light of the project evaluation and scoring process and submission of the project to the Commission grant subcommittee for preliminary review and funding allocations.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50(g), 15000 et seq., and 21000 et seq., Public Resources Code; USC Title 42, Section 4371; and 40 CFR part 1500.1, et seq.
s 4970.66. Wildlife Habitat Protection Program (WHPP) / Habitat Management Program (HMP).
(a) A Wildlife Habitat Protection Program (WHPP) is an animal and plant Habitat Management Program (HMP) designed to sustain a viable species composition for the project area, pursuant to PRC Sections 5090.35(b) and 5090.50.
(b) All federal agency and federally recognized Native American tribe applications for funding, with the exception of law enforcement shall submit a WHPP/HMP designed to sustain a viable species composition for the project area.
(c) All city, county, and appropriate district applicants for acquisition and development projects shall develop and submit with their application, pursuant to PRC Section 5090.53, a WHPP/HMP designed to sustain a viable species composition for the project area.
(d) A WHPP/HMP shall follow the Application Instructions, and include the following components as applicable:
(1) Species or habitats of concern related to OHV recreation.
(2) Risk factors associated with OHV recreation.
(3) Management objectives and actions, including success criteria.
(4) Monitoring.
(5) Management review and response.
(f) Within forty-five (45) calendar days of the grant application deadline, the Division shall review all applications to ensure that all required components of the WHPP/HMP are addressed.
(1) Any application required to include a WHPP/HMP per (b) or (c) above and not addressing all required WHPP/HMP components as described in Section VII of the Application Instructions, shall be returned to the applicant without further processing.
(2) If all required WHPP/HMP components are addressed but the Division needs to clarify information provided and has determined that such clarification may be completed within the timeframe for the application process, it shall request such additional documentation from the applicant be returned within ten (10) calendar days of the written request.
(3) Applicants who do not return the requested additional information within the ten-day time limit shall have their applications returned without further processing.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
s 4970.67. Soil Conservation Program.
(a) All federal agency and federally recognized Native American tribe applications for funding, with the exception of sole applications for law enforcement, pursuant to PRC Section 5090.50(i) shall submit evidence showing that a soil conservation program for the project area has been met.
(b) All city, county, and appropriate district applications for acquisition and development projects shall submit evidence showing that a soil conservation program, pursuant to PRC Section 5090.53(b), for the project area has been met.
(c) Law enforcement projects are exempt from soil conservation program requirements pursuant to PRC Sections 5090.50(i).
(d) The soil conservation program shall comply with PRC 5090.35, 5090.50, and 5090.53, the Application Instructions and the Soil Conservation Guidelines/Standards for Off-Highway Vehicle Recreation Management (11/14/91) until replaced by the 2006 soil conservation standards.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code.
s 4970.68. Match Requirements.
(a) Except as provided in 4970.68(c), cities, counties, and appropriate districts, nonprofit organizations, and educational institutions shall provide matching funds or the equivalent value of services, material, or property used, in an amount of not less than 25 percent of the total expense of the off-highway motor vehicle facility to be funded by the grant.
(b) All federal agencies and federally recognized Native American tribes are exempt from the matching funds requirement in accordance with PRC Section 5090.51(a).
(c) There shall be no matching fund requirement for grant applications that request funding for planning, acquisition, development, or construction of a regional OHV facility as defined in Section 4970.50(uu).
(d) Cities, counties, and appropriate districts must provide a match as follows:
(1) For acquisition projects, in non-regional facilities only.
(2) For conservation projects, in all facilities with the exception of construction activities in regional facilities.
(3) For development projects, in non-regional facilities only.
(4) For equipment projects, in all facilities.
(5) For facilities operation and maintenance projects, in all facilities with the exception of construction activities in regional facilities.
(6) For law enforcement projects, in all facilities.
(7) For OHV safety and/or education program projects, in all facilities.
(8) For planning projects, in non-regional facilities only.
(9) For restoration projects, in all facilities with the exception of construction activities in regional facilities.
(10) For scientific research projects, in all facilities.
(11) For trail maintenance projects in all facilities with the exception of construction activities in regional facilities.
(e) Nonprofit organizations and educational institutions must provide a match as follows:
(1) For conservation projects, in all facilities with the exception of construction activities in regional facilities.
(2) For equipment projects, in all facilities.
(3) For OHV safety and/or education program projects, in all facilities.
(4) For scientific research projects, in all facilities.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.51, Public Resources Code.
s 4970.69. Application Evaluation System.
(a) OHMVR grants and cooperative agreements shall be evaluated, funded, and awarded on a competitive basis as provided for in these regulations. An evaluation system will be used to evaluate each type of project within an application.
(b) The application evaluation system to be used by the Division for each single or multiple project application will consist of evaluation criteria, scoring, ranking and funding determinations as indicated in the OHMVR Division Manual, Chapter 2.
(c) Division staff shall ensure that all grant and cooperative agreement applications forwarded to the Commission shall comply with the Application Instructions and the following sections:
(1) Acquisition projects, Section 4970.54.
(2) Conservation projects, Section 4970.55.
(3) Development projects, Section 4970.56.
(4) Equipment projects, Section 4970.57.
(5) Facilities operation and maintenance (FO&M) projects, Section 4970.58.
(6) Law enforcement projects, Section 4970.59.
(7) OHV safety and/or education program projects, Section 4970.60.
(8) Planning projects, Section 4970.61.
(9) Restoration projects, Section 4970.62.
(10) Scientific research projects, Section 4970.63.
(11) Trail maintenance projects, Section 4970.64.
(d) Grants and cooperative agreement applications that are complete as submitted will be evaluated and funding determinations made according to the provisions of the OHMVR Division Manual Chapter 2, Application Evaluation System. Applications determined to be incomplete shall be returned to the applicant without being evaluated and will not be forwarded to the Commission for consideration.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.24 and 5090.32, Public Resources Code.
s 4970.70. Commission Allocation of Funds and Approval of Grants and Cooperative Agreements Program Applications.
(a) Applications shall be considered once annually as long as OHV Trust Funds are available.
(b) Applications that have undergone the application evaluation system shall be considered complete.
(c) In accordance with the provisions of the OHMVR Division Manual, Chapter 2, the Commission Chair may designate a Grants and Cooperative Agreements Program Subcommittee ( "Subcommittee") to hold public meetings for preliminary consideration of the grant or cooperative agreement applications that have been evaluated, scored, ranked, and have received funding determinations by the Division.
(d) The Commission shall allocate grants and cooperative agreement program funds and approve the activities to be performed ( "deliverables") of the grants or cooperative agreement applications and/or project(s) in accordance with these regulations and after hearing public and applicant testimony, Division input, and considering any other written comments or information submitted to the Commission for consideration during its deliberations. The Commission may accept the recommendations of the Subcommittee, if any, or make further revisions it deems appropriate in light of these regulations, the information in the applications, and any other public input or testimony relating to scoring criteria received during the Commission's public meetings. The Division shall prepare and execute project agreements to implement the approved funding allocations and project deliverables.
(e) The Division shall send to the Resources Agency and to the applicants a copy of the Commission's funding allocations. Other organizations and interested parties may receive a copy of the Commission's funding allocations upon written request to the Division or view the allocations on the Division website.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.61, Public Resources Code.
s 4970.71. Audits.
(a) The grantee shall maintain financial accounts, documents, and records in accordance with generally accepted accounting methods for all projects and shall make them available to the Department's auditor.
(b) The Department shall have the right to inspect and/or make copies of any books, records, or reports of the grantee pertaining to all projects.
(c) The grantee shall retain all financial accounts, documents, and records for three (3) years from the expiration date of the project agreement, or three (3) years from the start of an audit engagement, whichever comes first, and until an audit started during the three (3) years has been completed and a report is published.
(d) Upon completion of the Department audit, the grant recipient shall be provided a copy of the final audit report that shall contain the results of the audit.
(e) If the audit results identify exceptions resulting in refunds due to the State, the grantee shall have sixty (60) calendar days to refund the overpayment to the State.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code.
s 4970.72. Performance Reviews.
(a) The Division may conduct performance reviews of the grantee's project(s) taking into consideration past and current performance. These performance reviews may include, but are not limited to, review of an open project to determine progress toward the accomplishment of deliverables including, but not limited to, desk reviews of project activity reports, questionnaires and other standards of inquiry, and/or site visits.
(b) When the Division staff conducts a site visit, they shall develop a report containing any comments and recommendations with regard to the performance of the grantee's project. A copy of the report shall be provided to the grantee.
(c) All comments and recommendations provided by Division staff while on a site visit and received by the applicant sixty (60) calendar days prior to an application filing deadline shall be addressed by the grantee in the project application.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Section 5090.32, Public Resources Code.
s 4971. Department of Parks and Recreation Relocation Assistance.
The regulations adopted under this chapter implement the requirements of Section 7267.8 of the Government Code for all public entities to adopt rules and regulations to implement payments and to administer relocation assistance in accordance with the rules and regulations adopted by the Department of Housing and Community Development. With respect to a federally funded project, the Department of Parks and Recreation shall make relocation assistance payments and provide relocation advisory assistance as required under federal law. The Department of Housing and Community Development Relocation Guidelines (Title 25, California Code of Regulations, Chapter 6, Subchapter 1, Articles 1 through 6, commencing with Section 6000 and concluding with Section 6198), including any subsequent amendments thereto, are hereby incorporated by reference as if fully set forth in this chapter. For purposes of this chapter, "public entity" as used in the Department of Housing and Community Development Guidelines shall mean "Department of Parks and Recreation".
Note: Authority cited: Section 5003, Public Resources Code. Reference: Section 7267.8, Government Code.