250 R.I. Code R. 250-RICR-110-00-2.9

Current through October 15, 2024
Section 250-RICR-110-00-2.9 - Local Grants
A. Awards - The Director shall award grants in the order of priority recommended by the Natural Heritage Preservation Commission from the fifty percent (50%) reserved for coastal and shoreline acquisitions pursuant to § 2.9(F)(1) of this Part and shall similarly award, in order of priority recommended by the Recreation Resources Review Committee, grants from the thirty percent (30%) reserved for recreation acquisition pursuant to § 2.9(F)(2) of this Part. The Director shall make additional awards from the twenty percent (20%) of allocated funds to either coastal and shoreline acquisition or recreation acquisition held in reserve. Notwithstanding the above, the Director, with the advice of the rating committees, shall have the authority to adjust such grant awards, so that no one community receives a disproportionate amount of the funds available and so that a reasonable geographic distribution of funds is achieved.
B. Notice - Notice of award shall be by registered mail return receipt.
C. Matching Funds
1. Local Projects - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
2. Land Trust Projects - Grants shall be for 50% of approved project costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
3. Urban Parks Rehabilitation - Grants shall be for 100% of approved projects costs, not to exceed the amount allocated by law pursuant to § 2.9(C) of this Part.
4. Financially Restricted Communities - Grants shall be for up to 100% of the approved coastal and shoreline and recreation acquisition costs and up to 100% of the approved recreation development costs. Certification that all other necessary funds are available must be submitted prior to the release of grant funds.
5. Donations - Applicants may show the value of interests in land acquired as a local match, provided and to the extent that the value shown as a donation is sustained by competent appraisal and the donation is part of the same project.
D. Records - The notice of award will set forth all grant terms, schedules and conditions including most particularly those relating to record keeping and verification of expenditures.
E. Project Period - The beginning date of a project period will normally be the date of approval. When a waiver has been granted by the Director, the effective date of the waiver shall be used as the beginning date of the project period. A period of one year shall be considered the project period and may be extended up to five years upon approval of the Director.
F. Restrictive Covenants - Grants will only be awarded upon receipt of the recipient's certification, signed by its authorized agent, that it will maintain any property acquired with grant funds in the condition and for the purpose specified in its approved grant application, and that it will do so in perpetuity.
1. Coastal and Shoreline Acquisition - It shall be an explicit condition of the receipt of a grant from the fund for the purchase of coastal and shoreline property that an approved management plan be submitted, as set forth in the Natural Heritage Preservation Commission Rules and Regulations, as amended. If public access is deemed appropriate, by the Natural Heritage Preservation Commission, the recipient shall not discriminate in providing access or in fees charged for access. Signs acknowledging the use of the Open Space and Recreation Area Funds shall be posted on the property.
2. Recreation Acquisition and Development - It shall be an explicit condition of a grant from the fund for the purchase of recreation land and/or development of recreation land that the applicant comply with the requirements of the Land and Water Conservation Fund Act of 1965, Public Law 88-578, 78 Stat 897. Such requirements include, but are not limited to, general project compliance, criteria for acquisition, criteria for development, access fees, compliance with regulatory statutes, conversion of the property for noncomplying use, signs acknowledging the use of the Open Space and Recreational Area Funds, five year compliance inspections and dedication in perpetuity to outdoor recreation. Enforcement power will lie with the Director of the Department of Environmental Management where the Secretary of the Interior or Regional Director of the National Park Service is referenced.
3. Shoreline Access Improvement - It shall be an explicit condition of a grant from the fund for the improvement of a shoreline access site that the applicant comply with the requirements of the Rules and Regulations of the "Shoreline Access Improvement Grants" adopted February 5, 1990, as amended.
G. Enforcement - Each recipient shall execute a conservation easement, or similar document, running in favor of the State of Rhode Island and such certification shall further provide that if the recipient at any time fails in its obligation to properly maintain the property acquired in accordance with the purposes and functions for which it was acquired and with the approved management plan, if applicable, the State of Rhode Island may enforce the grant conditions in equity or, at its discretion, may assume title, custody and control to protect its interest.
H. Conversion - Any property so acquired or developed shall not be wholly or partly converted to other than the purpose specified in its approved grant application without the approval of the Director. The Director has the authority to disapprove conversion requests and/or to reject proposed property substitutions. Conversion requests will be considered following the prerequisites of the Land and Water Conservation Fund Act found in the manual in section 675.9.3.

250 R.I. Code R. 250-RICR-110-00-2.9