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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 2TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61DESIGN AND CONSTRUCTION
SUBCHAPTER DGUIDELINES FOR ADMINISTRATION OF LOCAL LAND AND WATER CONSERVATION FUND PROJECTS
RULE §61.121Policy

It is the commission's policy that the state liaison officer shall administer local projects in accord with the following guidelines, with interpretation of intent to be made to provide the greatest number of outdoor recreational opportunities for Texas in accord with priorities of the Texas outdoor recreation plan.

  (1) Local administrative costs shall not be considered as eligible local matching funds unless circumstances dictate that high priority public needs will not be met without the full or partial benefit of such in-kind contribution.

  (2) A staged project, when requested by the department with concurrence of the sponsor, will be funded in sequential states when sufficient federal funds are available and the sponsor requests activation of a subsequent stage.

  (3) When sponsors request a project be staged due to lack of local committed funds, only that part of the project which the sponsor certifies funds available will be supported. Subsequent stages will be submitted for funding as a new project.

  (4) Approved projects shall be pursued in a timely manner by the sponsor, unless due to extraordinary circumstances beyond the sponsor's control. Failure to meet the following time-frames shall be grounds for the state liaison officer to initiate cancellation of the affected project in order to recommend relocation of available funds to other projects.

    (A) Acquisition projects. Acquisition projects shall conform with the following:

      (i) appraisals shall be forwarded to the department no later than nine months after receipt of official notice of project approval; and

      (ii) after the sponsor has been notified that the appraisal has been approved, the acquisition shall be completed and reimbursement(s) shall be filed with the department no later than 12 months.

    (B) Development projects. Development projects shall conform with the following:

      (i) construction plans and specifications shall be forwarded to the department no later than nine months after official notification of project approval; and

      (ii) on-the-ground construction shall begin no later than six months after the department by official notification has approved project plans and specifications.

  (5) Sponsors will provide the state liaison officer with a report no less frequently than 90 days, setting forth the physical and monetary progress of a project as correlated to the sponsor's approved application.

  (6) The state liaison officer may make a fiscal adjustment to an approved project not to exceed 5.0% or $20,000. In those instances where the amount of monetary adjustment is large enough to significantly reduce the funds which could be utilized to support a higher priority project, the state liaison officer shall consider the priority of the adjustment as compared to other pending products.

  (7) Any official notification to project sponsors shall be made by certified mail.

  (8) Any provision of this policy shall be automatically amended should the federal government issue a regulation in conflict with this policy, provided that the state liaison officer shall submit to the commission for consideration any federal action in conflict with this policy.

  (9) The department is authorized to recover from project sponsors of projects funded through the program administrative costs sufficient to support operation, administration, and related costs of the grant program.


Source Note: The provisions of this §61.121 adopted to be effective April 29, 1976, 1 TexReg 960; amended to be effective December 31, 1993, 18 TexReg 9937.

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