Ariz. Admin. Code § 12-4-702

Current through Register Vol. 30, No. 50, December 13, 2024

Section R12-4-702 - General Provisions; Heritage Grant Fund Requirements

A. The Department, in its sole discretion, may make Heritage Fund Grants available for projects that:

1. Are located in Arizona or benefit Arizona wildlife or its habitat; and

2. Meet the criteria established in the Heritage Grant application materials.

B. The Department shall:

1. Provide public notice of the time, location, and due date for application submission; and

2. Furnish materials necessary to complete the application.

C. An applicant seeking Heritage Grant funding shall submit to the Department a Heritage Fund Grant application according to a schedule of due dates determined by the Director. An applicant shall provide the following information on the Heritage Grant application form:

1. The name of the applicant;

2. Any county and legislative district where the project will be developed or upon which the project will have a direct impact;

3. The name, title, mailing address, e-mail address, and telephone number of the individual responsible for the day-today management of the proposed project;

4. Identification of the application criterion established in the Heritage Grant application materials;

5. A descriptive project title;

6. The name of the site, primary location, and any other locations of the project;

7. Description of the:

a. Scope of work and the objective of the proposed project,

b. Methods for achieving the objective, and

c. Desired result of the project;

8. The beginning and ending dates for the project;

9. The resources needed to accomplish the project, including grant monies requested, and, if applicable, evidence of secured matching funds or contributions; and

10. Any additional supporting information required by the Department.

11. Signature and date. The person signing the grant application form shall have the authority to enter into agreements, accept funding, and fulfill the terms of the Grant Agreement on behalf of the applicant.

D. A person applying for multiple projects shall submit a separate application for each project.

E.An applicant shall demonstrate ownership or control of the project. Ownership or control may be demonstrated through fee title, lease, easement, or agreement. For all other project types related to sites not controlled by an applicant, an applicant shall provide written permission from the property owner authorizing the project activities and access. The applicant's proof of ownership or control or written permission shall demonstrate:

1. Permission for access is not revocable at will by the property owner, and

2. Public access will be granted to the project site for the life of the project, unless the purpose of the project proposal is to limit access.

F. Heritage Grant proposals are competitive and the Department shall make awards based on a proposed project's compatibility with the priorities of the Department, as approved by the Commission.

G. The Department may require an applicant to modify the application prior to awarding a Heritage Grant, if the Department determines that the modification is necessary for the successful completion of the project.

H. When applicable, the Department shall not release Heritage Grant funds until after the Department has consulted with the State Historic Preservation Office regarding the proposed project's potential impact on historic and archaeological properties and resources.

I. The Department shall notify an applicant in writing of the results of the applicant's submission and announce Heritage Grant awards at a regularly scheduled open meeting of the Commission.

J. A participant shall:

1. Sign the Grant Agreement before the Department transfers any grant funds.

2. Deposit transferred Heritage Grant funds in a dedicated account carrying the name and number of the project. In the event the funds are deposited in an interest-bearing account, any interest earned shall be:

a. Used for the purpose of furthering the project, with prior approval from the Department; or

b. Remitted to the Department upon completion of the project.

3. Complete the project as specified under the terms and conditions of the Grant Agreement.

4. Use awarded Heritage Grant funds solely for the project described in the application and as approved by the Department.

5. Bear full responsibility for performance of its subcontractors to ensure compliance with the Grant Agreement.

6. Pay all costs associated with the operation and maintenance of properties, facilities, equipment, services, publications, and other media funded by a Heritage Grant for the term of public use as specified in the Grant Agreement.

7. Submit records that substantiate the expenditure of Heritage Grant funds. In addition, each participant shall retain and shall contractually require each subcontractor to retain all books, accounts, reports, files, and any other records relating to the acquisition and performance of the contract for a period of five years from the end date of the project period. The Department may inspect and audit participant and subcontractor records as prescribed under A.R.S. § 35-214. Upon the Department's request, a participant or subcontractor shall produce a legible copy of these records.

8. Allow Department employees or agents to conduct inspections and reviews:

a. To ensure compliance with all terms and conditions established under the Grant Agreement.

b. Before release of the final payment.

9. Give public acknowledgment of Heritage Fund grant assistance for the term of public use of a project. If a project involves acquisition of property, development of public access, or renovation of a habitat site, the participant shall install a permanent sign describing the funding sources. The participant may include the cost of this signage as part of the original project. The participant is responsible for maintenance or replacement of the sign as required. For other project types, the participant shall include Heritage Fund grant funding acknowledgment on any publicly available or accessible products resulting from the project.

K. A participant shall not:

1. Begin a project described in the application until after the grant effective date.

2. Use Heritage Grant funds for the purpose of producing income unless authorized by the Department. A participant shall use all income generated to further the purpose of the approved project or surrender the income to the original funding source.

3. Comingle Heritage Grant funds with any other funds.

4. Use Heritage Grant funds to pay the salary of any public agency employee. A participant may use a public agency's employee's time as in-kind match for the project specified in the Grant Agreement.

L. The parties may amend the terms of the Grant Agreement by mutual written consent. The Department shall prepare any approved amendment in writing, and both the Department and the Grantee shall sign the amendment.

M. The Department and the participant may amend the Grant Agreement during the project period. A participant seeking to amend the Grant Agreement shall submit a written request that includes justification to amend the Grant Agreement.

The Department shall prepare any approved amendment in writing and both the Department and the participant shall sign the amendment.

N. A participant shall submit project status reports, as required in the Grant Agreement. If a participant fails to submit a project status report, the Department may not release any remaining grant monies until the participant has submitted all past due project status reports. The project status report shall include the following information, as applicable:

1. Progress in completing approved work;

2. Itemized, cumulative project expenditures;

3. A financial accounting of:

a. Heritage Grant Funds,

b. Matching funds,

c. Donations, and

d. Income derived from project funds;

4. Any delays or problems that may prevent the on-time completion of the project; and

5. Any other information required by the Department.

O. At the end of the project period and for each year until the end of the term of public use, a participant shall:

1. Certify compliance with the Grant Agreement, and

2. Complete a post-completion report form furnished by the Department.

P. Upon completion of approved project elements, if a balance of awarded Heritage Grant funds remains, the participant may:

1. Use the unexpended funds for an additional project consistent with the original scope of work, when approved by the Department; or

2. Surrender the unexpended funds to the Department.

Q. Upon completion of the project a participant shall:

1. Surrender equipment with an acquisition cost of more than $500 to the Department upon completion, or

2. Use equipment purchased with Heritage Grant funds in a manner consistent with the purposes of the Grant Agreement.

R. A participant may request an extension beyond the approved project period by writing to the Department.

1. Requests for an extension shall be submitted by the participant no later than 30 days before the end of the project period.

2. If approved, an extension shall be signed by both the participant and the Department.

S. A participant that has a Heritage Grant funded project in extension shall not apply for, nor be considered for, further Heritage Grants until the administrative subunit's project under extension is completed.

T. In addition, the Department may administratively extend the project period for good cause such as, but not limited to, inclement weather, internal personnel changes, or to complete the final closure documents.

U. A participant that failed to comply with the terms and conditions of a Grant Agreement shall not apply for, nor be considered for, further Heritage Grants until the participant's project is brought into compliance.

V. If a participant is not in compliance with the Grant Agreement, the Department may:

1. Terminate the Grant Agreement,

2. Seek recovery of grant monies awarded, and

3. Classify the participant as ineligible for Heritage Fund Grants for a period of up to five years.

Ariz. Admin. Code § R12-4-702

Adopted effective July 12, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 2692, effective June 6, 2002 (Supp. 02-2). Amended by final rulemaking at 13 A.A.R. 4587, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 19 A.A.R. 768, effective June 1, 2013 (Supp. 13-2). Amended by final rulemaking at 22 A.A.R. 2200, effective 8/2/2016.