79-8-402. Rulemaking and requirements for awarding an infrastructure grant.
| (1) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and after consultation with the advisory committee, the division shall make rules establishing the eligibility and reporting criteria for an entity to receive an infrastructure grant, including:
Terms Used In Utah Code 79-8-402- Advisory committee: means the Utah Outdoor Recreation Infrastructure Advisory Committee created in Section 79-7-206. See Utah Code 79-8-102
- Director: means the director of the Division of Outdoor Recreation. See Utah Code 79-8-102
- Division: means the Division of Outdoor Recreation. See Utah Code 79-8-102
- Executive director: means the executive director of the Department of Natural Resources. See Utah Code 79-8-102
- Infrastructure grant: means an outdoor recreational infrastructure grant described in Section 79-8-401. See Utah Code 79-8-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Recreational infrastructure project: means an undertaking to build or improve an approved facility or installation needed for the public to access and enjoy the state's outdoors. See Utah Code 79-8-102
- Underserved community: includes an economically disadvantaged community where in relation to awarding a UCORE grant, the children of the community, including children with disabilities, have limited access to outdoor recreation or education programs. See Utah Code 79-8-102
| (a) |
the form and process of submitting an application to the division for an infrastructure grant; |
| (b) |
which entities are eligible to apply for an infrastructure grant; |
| (c) |
specific categories of recreational infrastructure projects that are eligible for an infrastructure grant; |
| (d) |
the method and formula for determining grant amounts; and |
| (e) |
the reporting requirements of grant recipients. |
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| (2) |
In determining the award of an infrastructure grant, the division may prioritize a recreational infrastructure project that will serve an underserved community. |
| (3) |
An infrastructure grant may only be awarded by the executive director after consultation with the director and the advisory committee. |
| (4) |
A for-profit entity may not receive an infrastructure grant under this part. |
| (5) |
An infrastructure grant may only be awarded under this part:
| (a) |
for a recreational infrastructure project that is accessible to the general public; and |
| (b) |
subject to Subsections (6) and (7), if the grant recipient agrees to provide matching funds having a value:
| (i) |
equal to or greater than the amount of the infrastructure grant; or |
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| (6) |
Up to 50% of the grant recipient match described in Subsection (5)(b) may be provided through an in-kind contribution by the grant recipient, if:
| (a) |
approved by the executive director after consultation with the director and the advisory committee; and |
| (b) |
the in-kind donation does not include real property. |
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| (7) |
An infrastructure grant may not be awarded under this part if the grant, or the grant recipient match described in Subsection (5)(b), will be used for the purchase of real property or for the purchase or transfer of a conservation easement. |
Amended by Chapter 48, 2023 General Session
