Section 50.05. General provisions.

 

(1)  This section applies to all grant programs governed by this chapter.

(2)  Environmental quality is essential and shall be preserved and enhanced.

(3)  Local governments shall agree to operate and provide adequate maintenance of recreational areas or facilities purchased or developed with state or federal aids.

(4)  Recreational lands purchased or facilities developed under this chapter may not be converted to other uses or to other outdoor recreation uses without approval of the department for all programs and the secretary of the interior for LAWCON projects.

(5)  Income accruing to an area receiving assistance during the project period from a source other than the intended recreational use shall be used to reduce the total costs of the project.

(6)  Income from the sale of structures must be reimbursed to the appropriate aid program.

(7)  Reasonable entrance, service or user fees may be charged to pay for operation and maintenance costs and are subject to department review.

(8)  Acquisition of real property shall be in accordance with state and federal guidelines for preparation of appraisals and relocation assistance.

(9)  Before development of certain public facilities begins, formal approval may be required from state or federal agencies concerning health, safety or sanitation requirements.

(10)  Sponsors shall comply with applicable state or federal regulations concerning bidding and awarding contracts, wage and labor rates, access for the disabled, flood disaster protection, environmental quality and historical preservation.

(11)  Sponsors shall comply with Title VI of the civil rights act of 1964, 42 USC 2000d , et seq. and with the regulations promulgated under such act by the secretary of the interior.

(12)  Assistance may be given to develop leased real property provided control and tenure of such property is commensurate with the proposed development.

(13)  Project expenditures must be within the project period, project scope and project amount as shown on the project agreement.

(14)  Billings may be submitted for partial payment or upon completion of the project.

(15)  Donated labor, materials, land, or other activities which do not result in an actual expenditure by the sponsor and indirect costs are not allowable in the claim.

(16)  Direct costs which are supported by time sheets, vouchers or similar documentation reflecting specific assignment to a project are eligible project costs.

(17)  Actual cost of force account labor and equipment is allowable. Equipment rental rates may not exceed the county machinery rates established annually by the department of transportation.

(18)  Actual fringe benefits paid as part of the direct labor costs claimed are eligible project costs.

(19)  Claims for payment must be submitted within one year of the project termination date.

(20)  A request for a project extension must be submitted prior to the project termination date.

(21)  All payments are contingent upon final audit. Financial records including all documentation to support entries in the accounting records to substantiate charges for each project must be kept available for review by state or federal officials for a period of 3 years after final payment.

(22)  Land acquisition costs may be retroactive upon prior written approval of the department or the secretary of the interior providing the sponsor can demonstrate a need to proceed at this time.

(23)  Engineering or planning fees necessary to complete eligible items may be retroactive.

(24)  The department may approve variances from nonstatutory requirements of this chapter upon the request of a sponsor when the department determines that variances are essential to effect necessary grant actions or program objectives, and where special circumstances make such variances in the best interest of the program. Before granting a variance, the department shall take into account such factors as good cause and circumstances beyond the control of the sponsor.

(25)  Total grant assistance provided under this section shall be limited to a maximum of 50 percent of eligible project costs unless otherwise provided by law.

(26)  The department may conduct compliance inspections on properties for which assistance has been provided under this chapter. The department may require project sponsors to conduct self inspections on these properties.

Cr. Register, March, 1975, No. 231 , eff. 4-1-75; am. (4) (a) 4. and 6., (7) (b) 7., 13., 14. and 17., (7) (c) 1. and 12., (7) (e) and (9), Register, March, 1976, No. 243 , eff. 4-1-76; r. and recr. Register, October, 1978, No. 274 , eff. 11-1-78; am. (11) and (14) (m), Register, June, 1980, No. 294 , eff. 7-1-80; r. and recr. Register, May, 1983, No. 329 , eff. 6-1-83; cr. (22) to (25), Register, October, 1990, No. 418 , eff. 11-1-90; am. (10) and (18), cr. (26), Register, February, 1996, No. 482 , eff. 3-1-96.