RECREATION AND CONSERVATION

OFFICE

(Recreation and Conservation Funding Board)

(1) This chapter contains general rules ((affecting)) for grant program eligibility, applications, and projects funded with money from or through the board.

(2) Further rules are in chapter 286-26 WAC (Nonhighway and off-road vehicle activities program), chapter 286-27 WAC (Washington wildlife and recreation program), chapter 286-30 WAC (Firearms and archery range recreation program), chapter 286-35 WAC (Initiative 215 boating facilities program), chapter 286-40 WAC (Land and water conservation fund program) and chapter 286-42 WAC (Aquatic lands enhancement account program).

(2) If the director determines that the applicant is eligible to apply for federal funds administered by the board, the applicant must execute the forms necessary for that purpose.)) (1) The board shall adopt a competitive evaluation process to guide it in allocating funds to grant applicants. The board may also adopt a technical review process to assist applicants in preparing for evaluation of their applications.

(1) ((Compliance with the following deadlines is required to be eligible for grant funding and to receive grant funding.

(a))) Applications must be submitted at least four calendar months before the meeting of the board at which the applicant's project is first considered. Applications must be completed in final form and on file with the office ((at least one calendar month before the meeting of the board at which the applicant's project is first considered. Excepted)) by the deadline established by the director. The only exceptions are applications for programs where the director specifically establishes another deadline to accomplish new or revised statutory direction, board direction, or to meet a federal grant application deadline.

(((b))) (2) Plans required for participation in board grant programs must be complete and on file with the office at least three calendar months before the meeting of the board at which the applicant's project is first considered. On the director's acceptance of the plan, the applicant shall be granted eligibility to submit applications for a period of up to six years.

(((c))) (3) To develop the director's funding recommendations, written assurance must be provided whenever matching resources are to be considered as a part of an application. This assurance must be provided by the applicant to the office at least one calendar month before the meeting of the board at which the project is to be considered for funding.

(((d))) (4) To prepare a project agreement, ((certain)) other documents or materials in addition to the application may be required by the office. These documents or materials must be provided by the applicant to the office at least two calendar months after the date the board or director approves funding for the project or earlier to meet a federal grant program requirement. After this period, the board or director may rescind the offer of grant funds and reallocate the grant funds to another project(s).

(((e))) (5) An applicant has three calendar months from the date the office sends the project agreement to sign and return the agreement to the office. After this period, the board or director may reject any agreement not signed and returned and reallocate the grant funds to another project(s).

(((2))) (6) Sponsors must submit a request for reimbursement at least once each year as described in the agreement.

(8) Compliance with the deadlines is required unless ((a waiver is granted)) an extension is approved by the board or director. ((Such waivers)) Requests to extend a deadline must be submitted to the office before the deadline. Extensions are considered based on several factors which may vary with the type of ((waiver)) extension requested, including any one or more of the following:

(a) Current status and progress made to meet the deadline;

(b) The reason the established deadline could not be met;

(c) When the deadline will be met;

(d) Impact on the board's evaluation process;

(e) Equity to other applicants; and

(f) Such other information as may be relevant.

(1) The board ((will review)) shall consider recommendations from the director for grant projects at regularly scheduled public meetings.

(2) The board retains the authority and responsibility to accept or deviate from ((these)) the director's recommendations and make the final decision concerning the funding of an application or a change to a funded project.

(1) Before execution of an agreement, the office shall not approve the disbursement of funds for project costs.

(2) The office will only reimburse costs that occur within the period of performance in the project agreement except for costs in subsections (3) and (4) of this section.

(((2))) (3) The director may grant a waiver of retroactivity for acquiring real property whenever an applicant asserts, in writing, the justification for the critical need to purchase the property in advance of the project agreement along with any documentation required by the director. When evidence warrants, the director may grant the applicant permission to proceed by issuing a written waiver. This waiver of retroactivity will not be construed as approval of the proposed project. If the project is subsequently approved, however, the costs incurred will be eligible for grant funding. If the project is to remain eligible for funding from federal funds, the director shall not authorize a waiver of retroactivity to the applicant until the federal agency administering the federal funds has issued its own waiver of retroactivity as provided under its rules and regulations. A waiver may be issued for more than one grant program.

(((3))) (4) The only retroactive acquisition, development, and restoration costs eligible for grant funding are preagreement costs as defined by the board.

(((4))) (5) Cost increases for approved projects may be granted by the board or director if financial resources are available and within the appropriation authorized by the legislature.

(a) Each cost increase request will be considered on its merits and the board's grant program policies.

(b) The director may approve a cost increase ((request so long as the cost increase amount does not exceed ten percent of the project's approved initial grant funding amount)) with authority delegated by the board.

(c) The director's approval of an acquisition project cost increase is limited to a parcel-by-parcel appraised and reviewed value.

Any project cost deemed by the board or director to conflict with applicable statutes, rules and/or related manuals, or the agreement, must be repaid, upon written request by the director, to the appropriate state account per the terms of the project agreement. Such repayment requests may be made in consideration of an applicable report from the state auditor's office.