WSR 06-05-024

PERMANENT RULES

INTERAGENCY COMMITTEE FOR

OUTDOOR RECREATION

[ Filed February 7, 2006, 10:30 a.m. , effective March 10, 2006 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: Match requirements, WAC 286-13-045, removes the prohibition against using an interagency committee grant in one program to match an IAC grant in another program. In part, this will give project sponsors more flexibility in providing matching resources.

Supplementing versus supplanting local capacity, WAC 286-13-080, removes the "supplement the existing capacity" and "not intended to supplant" provisions from WAC because of the impracticality of retaining policies that cannot be applied.

Citation of Existing Rules Affected by this Order: Amending 2 [WAC 286-13-045 and 286-13-080].

Statutory Authority for Adoption: RCW 79A.15.060(1), 79A.15.070(5), 79A.25.005, 79A.25.080(2), 79A.25.210.

Adopted under notice filed as WSR 06-01-061 on December 19, 2005 [and WSR 06-02-077 on January 3, 2006].

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 2, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 2, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0.

Date Adopted: February 2, 2006.

Greg Lovelady

Rules Coordinator

OTS-8511.2


AMENDATORY SECTION(Amending WSR 98-08-014, filed 3/18/98, effective 4/18/98)

WAC 286-13-045   What rules govern eligible matching resources((.))?   (1) When requiring a match from an applicant for committee administered funds, or giving preference to an applicant that provides a match, it is the intent of the committee to do so to foster local commitment to the proposed project and to demonstrate that commitment, and to make funds from a given grant program (and revenue source) available to a greater number of projects.

(2) Applicant resources used to match committee funds ((may)) include, but are not limited to: Cash((,)); local impact/mitigation fees((,)); certain federal funds((,)); the value of donations such as privately owned ((donated)) real estate, equipment, equipment use, materials, and labor((,)); or any combination thereof.

(((2) Agencies and organizations may)) (3) An agency's or organization's match ((with state funds so long as the state funds are not)) may include state and federal funds, including funds from other grant programs administered by the committee. However, the committee may require the agency or organization to provide a portion of the match in local resources.

(((3))) (4) Private donated real property, or the value of that property, must consist of real property (land and facilities) that would normally qualify for committee grant funding.

(((4))) (5) State agency projects may be assisted by one hundred percent funding from committee sources except where prohibited by law.

(((5))) (6) The eligibility of some federal and state funds to be used as a match is governed by federal and state requirements and thus may vary with individual program policies.

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720. 98-08-014, 286-13-045, filed 3/18/98, effective 4/18/98; 97-08-003, 286-13-045, filed 3/20/97, effective 4/20/97. Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-045, filed 3/29/96, effective 4/29/96.]


AMENDATORY SECTION(Amending WSR 96-08-044, filed 3/29/96, effective 4/29/96)

WAC 286-13-080   ((Committee funds intended to supplement.)) What rules govern expenses incurred before execution of a project agreement?   ((State grants through the committee are intended to supplement the existing capacity of a sponsor; they are not intended to supplant programs, or to reimburse the cost of projects that would have been undertaken without state matching money. Furthermore,)) Except as hereinafter provided, the committee will not approve the disbursement of funds for ((a project when otherwise reimbursable activities have been undertaken)) expenses incurred before execution of a project agreement ((has been executed)).

[Statutory Authority: RCW 43.98A.060(1), 43.98A.070(5), 43.99.080(2), 46.09.240(1) and 77.12.720(4). 96-08-044, 286-13-080, filed 3/29/96, effective 4/29/96. Statutory Authority: RCW 43.98A.060(1), [43.98A].070(5), 43.99.080, 46.09.240 and 77.12.720. 94-17-095, 286-13-080, filed 8/17/94, effective 9/17/94.]