Cal. Code Regs. tit. 14 § 4970.08

Current through Register 2024 Notice Reg. No. 43, October 25, 2024
Section 4970.08 - Eligible Project Costs
(a) Eligible Project costs are the costs directly or indirectly related to the work identified in the Project Description. Additionally, the Grantee may receive reimbursement up to fifteen percent (15%) of the direct funded amount for Indirect Costs.
(b) Examples of eligible costs include, but are not limited to:
(1) For acquisition Projects only, preliminary acquisition costs for contract preparation, acquisition appraisal, and negotiation.
(2) Costs for an employee directly engaged in OHV Project implementation, or the first level supervisor of said employee, subject to the following:
(A) Costs shall be computed according to the prevailing wage (for contracted services) or salary scale (for Grantee's staff), and may include benefits (i.e., vacation, sick leave, and social security contribution) that are customarily charged by the Grantee or contractor. Personnel benefit costs shall be calculated in proportion to the actual time worked on an OHV Project.
(B) Costs charged to an OHV Project shall be computed on actual time worked on the Project and supported by timesheets and attendance records or comparable documentation describing the work performed on the OHV Project.
(C) Costs for overtime are allowed under the Grantee's established overtime policy.
(D) Costs for direct Project supervision.
(3) Stipends paid as per diem costs to volunteers only when a volunteer is working at a remote location for three or more consecutive days. A remote location is considered to be further than fifty (50) miles from volunteer's headquarters. Per diem allowances shall be as stated in Section 4970.08(b)(4).
(4) Travel expenses and per diem for federal agencies shall follow the policies of the federal agency requesting the funds with regard to travel reimbursement and shall not exceed the established federal rates. All non-federal agency Grantees shall follow the policy established by the State of California for its employees with regard to travel reimbursement and shall not exceed the rates paid to Exempt, Excluded, and Represented State of California employees. State of California travel reimbursement rates are posted on the California Department of Human Resources website located at www.calhr.ca.gov.
(5) Supplies and materials, including personal safety items, may be purchased for a specific OHV Project or may be drawn from a central stock, provided the items are claimed at a cost no higher than the original purchase price paid by the Grantee.
(6) Construction activities, from site preparation (e.g., demolition, excavation, grading, etc.) through completion of the structure or Facility.
(7) Relocation costs that result from the displacement of a person and/ or business, in accordance with California Government Code Sections 7260- 7277 or the agency's applicable law if different from California law.
(8) Grantee insurance premiums for hazard and liability insurance for an OHV Facility.
(9) The cost of transporting material(s), supplies, and personnel from a location outside the Project Area to and from a Project site.
(A) Nonprofit Grantees shall be limited to reimbursement for cost of transportation to and from the Project site, up to one hundred (100) miles in each direction per day. All transportation costs shall be stated as a "per mile" cost in the Project Cost Estimate (Rev. 1/11) (refer to Appendix, incorporated by reference) and shall not exceed the Internal Revenue Service standard mileage business rate provided as of the start of the Grants Cycle for which the cost is being requested.
(B) All other Grantees may be reimbursed for cost of transportation from base of operations to Project site. The base of operations is considered the centralized location where the majority of Equipment is stored.
(10) Preparation and publication of maps, videos, and/or handouts may be included as part of any related Project. Maps, videos and/or handouts that display the OHV Trust Fund logo shall be reviewed and approved by the OHMVR Division prior to publication.
(11) Rent or lease of facilities or Equipment to directly complete the Project, provided that the rental or lease shall be fair market value or Grantee's actual cost, whichever is less. Rental or lease of facilities shall be proportionate to the area of the facility used for the Project. Utilities to operate these facilities are eligible provided the utilities are documented separately from any rent or lease costs. Facilities not required in order to directly complete the Project shall only be eligible as an indirect cost.
(12) Costs associated with site-specific Project planning such as design, permitting, or CEQA or NEPA analysis.

Cal. Code Regs. Tit. 14, § 4970.08

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a), (b)(11) and (b)(12)(C) and new subsection (b)(12)(D) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsections (a) and (b)(1)-(2), new subsection (b)(4) and subsection renumbering filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1).
4. Amendment of subsection (b)(11) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
5. Amendment of subsections (b)(3)-(4), (b)(10) and (b)(12) and new subsection (b)(13)(E) filed 12-15-2015; operative 1-11-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
6. Amendment filed 12-14-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
7. Amendment 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.
8. Amendment of subsection (b)(9)(A) 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.

Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.32 and 5090.50, Public Resources Code.

1. New section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Amendment of subsections (a), (b)(11) and (b)(12)(C) and new subsection (b)(12)(D) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
3. Amendment of subsections (a) and (b)(1)-(2), new subsection (b)(4) and subsection renumbering filed 1-5-2011; operative 1-10-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 1).
4. Amendment of subsection (b)(11) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4(Register 2011, No. 51).
5. Amendment of subsections (b)(3)-(4), (b)(10) and (b)(12) and new subsection (b)(13)(E) filed 12-15-2015; operative 1/11/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
6. Amendment filed 12-14-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
7. Amendment 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.
8. Amendment of subsection (b)(9)(A) 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.