Minnesota Administrative Rules

6100.7400 PROJECT PROGRAMMING OR SCHEDULING PROCEDURE.

Subpart 1.

State allocation.

Preliminary allocations to the states are usually released approximately 30 days following the beginning of a fiscal year. The final amount available for state use is amended in the last quarter of the fiscal year. However, later adjustments in the state allocation may subsequently be made by the bureau to reflect the actual receipts in the fund.

Subp. 2.

Distribution of state allocation.

Minnesota Statutes 1967, section 86.71, subdivision 4, provides that 50 percent of the state allocation be distributed for projects to be acquired, developed, and maintained by local units of government. The remaining 50 percent will be made available to state agencies. This law further provides that "any guidelines established by the state for distribution of moneys made available to the state under subdivision 1 shall, after July 1, 1967, be distributed on a statewide and regional priorities basis other than a formula based on population and land areas."

Subp. 3.

Submission of project proposals.

Submission of project proposals:

A.

The programming or scheduling of projects for funding from the local government share of the state allocation for each fiscal year following July 1, 1967, will be accomplished by the review and evaluation of all project proposals in the hands of the state agency on or before November 15 and May 15, or the nearest workday should these dates fall on Saturday or Sunday. Project proposals from state agencies will likewise be reviewed and evaluated if in hand on or before September 15 and March 15 or on the nearest workday.

B.

Each applying agency will certify by accompanying letter or statement that they have the financial authority and capability to support 100 percent of an acquisition or 75 percent of a development project until reimbursement is received.

C.

Projects programmed by the state agency and recommended to the bureau normally require about four months after date submitted for bureau action.

D.

Any state agency, county, municipality, or other local public entity in Minnesota may submit project proposals to acquire land for outdoor recreational purposes, or for the development of such acquired area, or on areas now held under an acceptable title in fee or an acceptable leasehold.

Local units of government will submit the project proposals, on forms as prescribed by the state agency for acquisition projects or for development projects, with the required attachments.

State agencies will submit their project proposals using forms as presented by the federal Bureau of Outdoor Recreation for acquisition projects and for development projects, along with the required attachments.

The required attachments for all project proposals shall consist of the following: a preliminary site plan, drawn to scale and showing the area boundary, and any development, both existing or planned by appropriate symbol, must accompany a proposal. Acquisition proposals will list each individual ownership as a parcel. These parcels should be indicated on the site map. The size of the map should not be larger than necessary to show the required detail. Proposals covering programmed projects will be prepared and submitted to the bureau by the state agency.

Subp. 4.

Local plan.

Local plan:

A.

Projects proposed by local units of government or state agencies are subject to review and coordination by the state agency (Minnesota Statutes 1967, section 86.71, subdivision 3.) Local projects must be a part of a comprehensive outdoor recreation plan (preferably part of a coordinated land use plan) for the county or an established regional authority, and must be a part of the five-year action program of such a plan after January 1, 1969. (Minnesota Statutes 1967, section 86.71, subdivision 4.) Counties or an established regional authority not having a comprehensive plan in which outdoor recreation is a planning element, may prepare an interim outdoor recreation plan for the review by the State Planning Agency and the state agency. Such a plan must contain a five-year action program for acquisition and development which covers the entire county area and all jurisdictions therein, and which is approved by the county board.

B.

Projects will be rated by the county or regional authority as to priority in the county or regional action program. Only local projects having top priority will be considered by the state agency for funding.

C.

On a statewide or regional basis, the state agency will program for funding those projects included in the highest priority groups of the state plan first.

Subp. 5.

Local review of project proposals.

Local review:

A.

Any project proposal to be submitted to the Legislative Advisory Committee for state natural resource assistance subsequent to bureau approval must be reviewed by the county board and the county planning committee of the regional planning committee if such a committee has been established. (Minnesota Statutes 1967, section 86.75.) Local review of all project proposals, and not just those enumerated, is desirable and in the best interest of good planning and programming. Such local review will provide adequate intracounty coordination, and where regional planning authority exists, adequate intercounty coordination. The review comments may be presented to the state agency by letter or copy of a resolution signed by the board or committee chair.

B.

Laws of Minnesota 1967, chapter 896, provides for a review of land and water conservation fund applications by the Metropolitan Council, when such a review is required by federal law or by the federal agency. Pursuant to President's Executive Order 11237 and Public Law 89.754 (80 Statutes at Large 1263) the federal government requires such a review when the application concerns acquisition of land in metropolitan areas such as the seven-county metropolitan area. The council's review will be such as is required by law with respect to planning and programming. The council's recommendations will accompany the preliminary proposal when filed with the state agency for program review.

Subp. 6.

State agency evaluation.

All of the preliminary proposals received 30 days prior to a semiannual programming date will be evaluated by that date. Applications will either be submitted to the bureau for approval, held for future action, or disqualified if the project does not meet the standards herein established. The applicant will be duly notified by letter of the state agency's action. The standards against which a proposed project will be weighed are as follows:

A.

The project must meet the qualifications for an outdoor recreation project established by the Land and Water Conservation Fund Act and the regulations of the Bureau of Outdoor Recreation.

B.

The project must be consistent with the currently accepted state comprehensive outdoor recreation plan.

C.

Total cost for each proposed project will be in excess of $5,000. Administration cost at a local, state, and federal level for a smaller project would be excessive.

D.

The project proposal must receive a high priority as judged using state criteria in parts 6100.7000 to 6100.7300.

E.

All applicants will certify that if the grant is approved they will have the capability of financing 100 percent of an acquisition project and at least 75 percent of a development project until reimbursement from the fund is received. Applicants will also certify as to their financial and organizational ability to maintain and administer the project if a grant were provided.

Statutory Authority:

MS s 86.71

History:

17 SR 1279

Published Electronically:

June 11, 2008