ࡱ> FHE_ q,bjbj A@bb7$9  lllll8<j!  $p#"&P!l!ll$!Xll  :e , ䷜4 :!0j! r&r& r&l 0>7,c$ !!Ej!r& 2: 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 Summary: This rule establishes a process that All Terrain Vehicle (ATV) Clubs use to apply for a grant from the Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands, to construct and maintain trails open for public use. SECTION 1. SCOPE AND PURPOSE. Under Title 12, M.R.S.A., Chapter 715, the Bureau of Parks and Lands (Bureau) uses a portion of the annual ATV registration fees to fund ATV related projects, including grants to groups to construct and maintain trails. The purpose of this rule is to establish a process that qualified ATV organizations use to obtain an annual grant, and certain terms and conditions of the grant. SECTION 2. APPLICATION PROCESS 1. Eligibility Requirements To be eligible for the grant program, the ATV organization ("applicant" or "grantee") must meet the following criteria: A Be a non-profit corporation in good standing. For purposes of this rule, a qualified applicant must be a group formed to encourage safe ATV operations, develop organized trails for the public, and promote appropriate ATV use. The applicant must have a President, Vice President, and Trailmaster, all of whom must be at least 18 years old. B Register with the Bureau's ATV Program by June 1st. Registration is done by providing a completed Officer update form (provided by the Bureau) which must include the organizations taxpayer ID number 2. Grant Program A Grant Amount The grant programs are administered by the Bureau's Off Road Vehicle Division. The Bureau, in its sole discretion, will determine the maximum yearly grant by considering, among other factors, a comparison of the average qualified expenditures of all clubs for the preceding year with anticipated revenue available for the projected year. An applicant may apply for anticipated costs up to the maximum Grant amount established for that year. B Application process 1 All correspondence and application forms must be submitted to the following address: fb88 Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands Off Road Vehicle Division ATV Grant Program 22 SHS Augusta, fb88 04333 2. Grant applications may be submitted beginning May 1 but must be postmarked no later than July 1 of the current year. 3. The applicant must complete and submit the following documents: (a) ATV Trail Grant-in-Aid Application/Agreement (Supplied by the Bureau) (b) An accurate, commercially produced map that shows the trail(s) at a scale of at least onehalf inch to one mile. The map must show the location of the trails, water bodies, streams, roads, the topography of the land, parking areas, clubhouses, and support facilities. 4 After reviewing the application, the Bureau will issue a written notification to the applicant approving or denying the application, subject to the availability of funds. Specific terms and conditions of the grant are stated in Section 3, although the Bureau may require additional terms and conditions to effectively carry out its program. C. Reimbursement process 1. An approved applicant must submit a "Request for Reimbursement" form (Supplied by the Bureau) and required documentation including worksheets and receipts in order to be reimbursed. Requests must be postmarked no later than January 31 of the year following the approved grant application. 2. Only expenses actually incurred from the preceding January 1 through the date of the request for reimbursement will be considered for payment. Only expenses incurred during the calendar year from January 1st through December 31st are eligible for reimbursement. By example, for a grant approved in July 2004, with expenses incurred from January through December 2004, the request must be postmarked by January 30, 2005. In no case will the state reimbursement exceed the maximum approved Grant Amount. SECTION 3. TERMS AND CONDITIONS OF APPLICATION/AGREEMENT 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 applicants 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 applicants 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 proceeds received 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. STATUTORY AUTHORITY: Title 12, M.R.S.A. 7854(4)(B) EFFECTIVE DATE: April 13, 1988 (as Chapter 16) AMENDED: April 12, 1992 EFFECTIVE DATE (ELECTRONIC CONVERSION): May 4, 1996 NON-SUBSTANTIVE CORRECTION: August 7, 1997 - corrected "Specifications" to "Guidelines" in the Summary to reflect the actual title of Chapter 15. AMENDED: May 12, 1998 (as Chapter 160) REPEALED AND REPLACED: April 27, 2004 - filing 2004-126 CORRECTIONS: February, 2014 agency names, formatting     01-670 Chapter 160 page page 5 89:=! 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