Cal. Code Regs. tit. 14 § 4970.01

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 4970.01 - Definitions

The words used in this chapter have the following meanings whenever the words are capitalized:

(a) "Act" means the Off-Highway Motor Vehicle Recreation Act of 2003, as amended, commencing at Public Resources Code (PRC) Section 5090.01, or any subsequent amended versions.

(b) "Applicant" means any entity identified in Section 4970.03.

(c) "Application" means a compilation of required information submitted in conformance with these regulations to support a request for funding from the OHMVR Division's Grants program for proposed Project(s).

(d) "Audit" means a comprehensive review of the Grantee's relevant financial records under the Project Agreement, performed by the Department Audits Office staff or its designee.

(e) "CEQA" means the California Environmental Quality Act, PRC Section 21000 et seq.; Title 14, CCR, Division 6, Chapter 3, Article 20.

(f) "Conservation" means activities, practices, and programs that protect and sustain soils, plants, wildlife, habitats, and cultural resources in accordance with the standards adopted pursuant to PRC Section 5090.35.

(g) "Cooperative Agreement" means an agreement between the OHMVR Division and a federal agency or a Federally Recognized Native American Tribe for the purposes authorized and defined in PRC Section 5090.50 and these regulations.

(h) "Cultural Resources" are associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; are associated with the lives of persons important in our past; embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or have yielded, or may be likely to yield, information important in prehistory or history. Cultural Resources also include historical resources. Historical resources include, but are not limited to, any object, building, structure, site, area, place, record, or manuscript that is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. A resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Resources (PRC Section 5024.1, Title 14 CCR, Section 4852).

(i) "Deliverables" means the specific tangible outcomes or work products to be provided, acquired, or produced with the funds made available pursuant to the Project Agreement. Examples include the purchase of a specified property, installation of specified erosion control measures, construction of a restroom, construction of a specified length of fencing, production of a specified number of maps, purchase of specified Equipment, Restoration of a specific area, maintenance of a specific length of trail, completion of research resulting in a written report, and planning that results in a report or reports including any related specified documents.

(j) "Development" means the construction of new, and/or improvement of existing Facilities to improve existing or provide additional opportunities, experiences, or services for OHV Recreation.

(k) "District" means a public or quasi-public governmental entity formed according to law whose mission includes clear legal responsibility for open space, recreation, parks, or resource-related activities that are land based.

(l) "Division Website" means the internet page of the OHMVR Division located at www.ohv.parks.ca.gov.

(m) "Due Diligence" means to conduct or cause to be conducted an investigation of all aspects of property proposed to be acquired and/or developed using OHV Trust Funds, including investigating the suitability of the property for the intended use, and all critical facts and assumptions used in developing the proposed Project that would assist in evaluating the success of the Project in providing OHV Recreational opportunities and to avoid and/or minimize potential risks that could impair the future sustainability of OHV Recreation.

(n) "Ecological" means the interdependence of living organisms within the ecosystem in which the OHV use exists, including the interrelationship and interactions between and among the natural and Cultural Resources and the human activities relating to or affected by OHV use.

(o) "Education" means comprehensive programs that teach OHV safety, environmental responsibility, and respect for private property.

(p) "Educational Institution" means a public or private preschool, elementary, or secondary school, college or university, or institution; the governing board of a school district; or any combination of school districts or counties recognized as the administrative agency for public elementary or secondary schools.

(q) "Equipment" means tangible property that has a normal useful life of at least one year and has a unit acquisition cost of at least $5,000 (e.g., five identical assets which cost $1,000 each, for a total of $5,000, would not meet the requirement). Equipment must be motorized and does not include expendable items such as personal safety gear, or tires.

(r) "Facility" means the assets of an organization that include: buildings, trails, roads, grounds, parking facilities, and structures such as shade structures, fences, trash enclosures, cattle guards, etc., and includes the systems that support facilities (fuel, electrical, sewer, water, waste, etc.).

(s) "Federally Recognized Native American Tribe" means any tribe, band, nation, or other organized group or community of Indians, including any Alaska Native Village pursuant to Title 25, Code of Federal Regulations (CFR) Section 83.5(a).

(t) "Good Standing" means that the Grantee is at all times adhering to the statutes and regulations governing the Grants and Cooperative Agreements Program and that the Grantee does not have any outstanding refund(s) due to the Department from any other grant(s) program(s) administered by the Department.

(u) "Grant" means a local agency grant between the OHMVR Division and a city, county, District, State Agency, Educational Institution, State Recognized Native American Tribe, certified community conservation corps, or Nonprofit organization for the purposes as authorized and defined in PRC Section 5090.50 and these regulations or a Cooperative Agreement between a federal agency, or a Federally Recognized Native American Tribe, and the OHMVR Division.

(v) "Grantee" means a recipient of a Grant.

(w) "Ground Disturbing Activity" means any earth moving Project-related activity. The act of installing and/or replacing a sign, placing of boulders or other materials (other than fencing) to delineate a Facility, maintenance or replacement of existing fence lines that do not require disturbance beyond replacement of fence posts and wire or existing component, or sweeping sand/dirt from a paved road are not considered a "Ground Disturbing Activity".

(x) "Habitat Management Program (HMP)" means an animal and plant wildlife habitat protection program designed to sustain a Viable Species Composition for the Project Area, pursuant to PRC Sections 5090.50 and 5090.53.

(y) "Heavy Equipment" means self-propelled, self-powered or pull-type equipment and machinery, including generators weighing 5,000 pounds or more, primarily employed for construction, industrial, and forestry uses (e.g., water tender, backhoe, mini-excavator, and SWECO tractor).

(z) "Inconsequential Defect" means a defect that, when corrected, does not provide the Applicant an unfair advantage.

(aa) "Indirect Costs" means the cost of any activity that does not directly result in the completion of the Project and/or the management or administration of a Project (e.g., utility costs, accounting services, contract administration, postage, management personnel, telephone bills, etc.).

(bb) "Land Manager" means an entity legally responsible for the proposed Project Area.

(cc) "Medical" means a person requested medical aid and was treated by emergency service personnel.

(dd) "NEPA" means the National Environmental Policy Act pursuant to United States Code Title 42, Section 4371; 40 CFR part 1500.1 et seq.

(ee) "Nonprofit" means an organization having tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code (IRC).

(ff) "OHV" means an off-highway motor vehicle as specified in California Vehicle Code (CVC) Section 38006.

(gg) "OHV Opportunities" means roads, trails, or areas on lands that are open to legal OHV Recreation.

(hh) "OHV Recreation" means the activity of driving or riding motorized vehicles, on lands to which CVC Division 16.5 applies, for leisure purposes including motorized off-highway access to non-motorized recreation activities.

(ii) "On-line Grant Application (OLGA)" means the OHMVR Division's web-based application system that guides Applicants through the Application process. OHMVR Division staff provides technical support for Applicants as needed.

(jj) "Project" means the activities and Deliverables described in the Project Application to be accomplished with funding, through a Project Agreement, which includes both Grant funds and matching funds.

(kk) "Project Agreement" means a contract executed between a Grantee and the Department to formally implement a Project.

(ll) "Project Area" means the physical boundaries within which the activities will be performed and Deliverables will be accomplished as described in the Project Agreement.

(mm) "Project Description" means the work plan that details the activities and Deliverables to be conducted by the Applicant as part of the Project.

(nn) "Repair" means to fix, mend, make new, or revitalize to the condition of the habitat that existed prior to authorized or unauthorized OHV use and related damage.

(oo) "Restoration" means upon closure of the unit or any portion thereof, the return of land to the contours, the plant communities, and the plant covers comparable to those on surrounding lands or at least those which existed prior to OHV use.

(pp) "Restoration Planning" means identifying appropriate restoration techniques, strategies, and Project implementation, including environmental review associated with the Project.

(qq) "State Recognized Native American Tribe" means a non-federally recognized tribe that is listed on the Tribal Contact List maintained by the Native American Heritage Commission.

(rr) "Viable Species Composition" means that species found in the Project Area have populations with the estimated numbers and distribution of reproductive individuals to enable their continued existence.

Cal. Code Regs. Tit. 14, § 4970.01

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5020.1(j), 5024.1, 5090.07, 5090.10, 5090.11, 5090.32, 5090.35, 5090.50 and 5090.53, Public Resources Code; Sections 38001 and 38006, Vehicle Code; 25 CFR Section 83.5(a); Sections 210.3 and 66010.4, Education Code; and U.S. IRC Section 501(c)(3).

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Editorial correction of Note (Register 2010, No. 2).
3. Repealer of subsections (b) and (f), subsection relettering and amendment of newly designated subsections (b), (d), (g), (x), (z) and (bb) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
4. Amendment of subsection (z) filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1).
5. New subsection (bb) and subsection relettering filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4(Register 2011, No. 51).
6. New subsection (u), subsection relettering and amendment of newly designated subsections (aa)-(bb) and (jj) filed 12-15-2015; operative 1/11/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
7. Amendment of subsection (f), repealer of subsection (o) and new subsections (y) and (qq), subsection relettering and amendment of newly designated subsections (q), (t)-(u), (w) and (aa) filed 12-14-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
8. Amendment of subsections (d), (q), (ii)-(kk) and (mm) filed 12-22-2020; operative 12/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
9. Amendment of subsections (a), (e), (k) and (u) filed 12-27-2021; operative 1/1/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a)extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
10. Change without regulatory effect amending subsection (t) filed 3-7-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 10).