CHAPTER 5. RECREATIONAL TRAILS PROGRAM
IC 8-4.5-5
Chapter 5. Recreational Trails Program
IC 8-4.5-5-1
Purpose and administration
Sec. 1. (a) The recreational trails program is established.
(b) The purpose of the program is to provide funding and othersupport for the acquisition, construction, or improvement ofrecreational trails open for public use or trails that will be dedicatedto public use upon completion.
(c) The department of natural resources shall administer theprogram.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-2
Grant eligibility
Sec. 2. (a) The following are eligible to receive a grant under thischapter:
(1) A state agency.
(2) A political subdivision.
(3) A nonprofit organization.
(b) The following may not receive a grant under this chapter:
(1) A private trail project.
(2) A project for a private purpose.
(3) A private business.
(4) A developer.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-3
Duties of applicant
Sec. 3. (a) An applicant shall complete and submit an applicationas prescribed by the department of natural resources.
(b) An applicant may submit more than one (1) application in astate fiscal year.
(c) Two (2) or more eligible applicants may submit a jointapplication. A joint application must designate a lead applicant toserve as the principal contact with the department of naturalresources.
(d) The department of natural resources may not consider anapplication under this chapter until the department determines thatthe requirements for approval of a recreational trail under IC 8-4.5-6have been satisfied.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-4
Application
Sec. 4. (a) An application must contain the following information:
(1) The information required by IC 8-4.5-6-3.
(2) The applicant's name, mailing address, and telephonenumber. (3) The name, mailing address, and telephone number of anindividual who will serve as liaison with the department ofnatural resources.
(4) A time schedule for the total trail project with the applicant'swritten assurance of project completion as scheduled.
(5) An adequate justification for the project based on the projecteligibility criteria in section 5 of this chapter and the evaluationcriteria in section 11 of this chapter.
(6) A written assurance from the applicant that the total trailused to justify the project will be adequately maintained andmade available for the intended public use for at least twenty(20) years after completion of the project, except as approvedby the board.
(7) The amount of the grant requested from the fund. Theapplication may offer a matching fund contribution larger thanis required.
(8) A certified copy of the following:
(A) If the entire project will be located within amunicipality, an ordinance adopted by the legislative bodyof the municipality under IC 8-4.5-6-4 that includes aconsent to approval of the grant application.
(B) If clause (A) does not apply, an ordinance adopted by thelegislative body of each county in which any part of theproject will be located under IC 8-4.5-6-4 that includes aconsent to approval of the grant application.
(b) An application that is considered but not funded in a fiscalyear may be resubmitted for consideration in the next fiscal year.
(c) An applicant may submit a request for a time scheduleadjustment. A time schedule adjustment may be approved by thedepartment of natural resources if the project involves unusuallycomplex studies, extensive real estate negotiations, extensiveanalyses for environmental clearances, complex planning forassociated developments, or other compelling reasons.
(d) An applicant may withdraw an application at any time.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-5
Eligibility criteria
Sec. 5. A proposed project must meet all of the followingeligibility criteria:
(1) The project must be part of a local, an areawide, a regional,or a statewide plan.
(2) The trail route must be designed in a reasonably safe mannerand to allow enjoyment of scenic views or points of historicalinterest. The route may use:
(A) existing roads, streets, or parkways if the normal flow ofmotor vehicle traffic will not be hindered;
(B) abandoned railroad corridors;
(C) water corridors, such as river levees and canal tow-paths;
(D) utility corridors; or (E) new rights-of-way, if necessary.
(3) The project must include a contribution of at least twentypercent (20%) matching funds. Matching funds must be fromsources other than the program. Matching funds may notinclude other grants from state agencies or the provision of inkind services. The value of donated real property may be usedto satisfy the matching fund requirement if both of thefollowing apply:
(A) The real property is donated after the board's fundingcommitment.
(B) The value is based on a real estate appraisal acceptableto the department of natural resources. The appraisal issubject to review and approval by the department of naturalresources after a funding commitment has been made.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-6
Permitted costs
Sec. 6. The following costs may be paid from a grant made underthis chapter:
(1) Real property acquisition costs, including appraisal costsand negotiation costs.
(2) Trail surfacing, resurfacing, rehabilitation, modernization,upgrading, and reconstruction, including pavement repairs andoverlays and shoulder widening and stabilization.
(3) Initial trail construction, including grading, drainage,paving, and erosion control.
(4) Bridge and culvert repair, modernization, replacement, orinitial construction.
(5) Roadway intersection and interchange improvements,including warranted traffic signals that are an integral part ofthe project.
(6) Construction or improvement of rest areas, informationcenters, waysides, permanent interpretive displays, lighting, andrestrooms, including the costs of utility connections that are anintegral part of the project.
(7) Design engineering and construction inspection costsdirectly associated with the project.
(8) Storm drainage and storm sewer costs to the extent neededfor draining the trail.
(9) Utility relocation costs necessary for trail construction orimprovement if the utility is not located on a public road.
(10) Trail signs, fencing, landscaping, parking areas, andwalkways.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-7
Prohibited costs
Sec. 7. The following costs may not be paid from a grant madeunder this chapter: (1) Any cost incurred before approval by the board of fundingfor a project.
(2) Routine maintenance of a trail, bridge, culvert, fence, orsign.
(3) Winter maintenance of a trail or bridge, including snowplowing, sanding, or salting.
(4) Overhead and operating costs associated with a project, suchas auditing, legal, and administrative costs.
(5) Expenses associated with the preparation and submission ofa project application.
(6) Predesign engineering and planning expenses.
(7) Utility costs other than those described in section 6 of thischapter.
(8) Pavement markings, traffic signs, safety appurtenances, orlighting, except as an integral part of a trail project.
(9) Purchase of office furnishings or equipment, constructionequipment, or personal property.
(10) Sanitary sewers or water mains, except as necessary forrestroom construction.
(11) General government expenses and expenses associatedwith the provision of any public service that are not otherwiseeligible for project funding.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-8
Waiver of specified costs
Sec. 8. (a) Notwithstanding section 7 of this chapter, the boardmay grant a waiver from section 7 of this chapter for specified costs.
(b) An applicant must make a written request for a waiver underthis section.
(c) If the board grants a waiver, the applicant may make thespecified expenditure. Approval of a waiver does not imply orguarantee that a subsequent application will be approved.
(d) Unless an applicant requests an advance waiver and therequest is approved before an expenditure, any costs incurred beforea waiver is granted may not be reimbursed from a grant under thischapter.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-9
Waiver for acquisition of real property
Sec. 9. (a) Notwithstanding section 7(1) of this chapter, if there isextreme urgency involving real property acquisition, the board maygrant an applicant's request for a waiver to acquire the real propertyimmediately.
(b) A request for a waiver under subsection (a) must be in writingand include all of the following:
(1) Justification for the urgency of the acquisition.
(2) A description of the real property to be acquired.
(3) A county map showing the location of the real property to
be acquired.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-10
Request for preconstruction costs
Sec. 10. (a) The board may grant an applicant's request forpreconstruction project planning design and development costs.
(b) A request submitted under subsection (a) must be in writing.
(c) The board may not grant a request under subsection (a) if thetotal design and development expenditure exceeds fifteen percent(15%) of the total construction costs for the project.
(d) The board shall require adequate documentation of eligiblecosts before approving reimbursement under this section.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-11
Review and evaluation of applications
Sec. 11. (a) The board:
(1) shall review each application;
(2) may verify the contents of an application; and
(3) may visit the trail site that is the subject of an application.
(b) The board shall evaluate each complete application on thebasis of the following criteria:
(1) Whether the predicted use of the trail justifies theconstruction and maintenance costs.
(2) Need, in terms of the population to be served and existingtrails in the area.
(3) Compatibility with local, areawide, regional, or statewideplans.
(4) The acceptability of the proposed trail to property owners.
(5) The general acceptability of the proposed trail to thecommunity at large.
(6) Benefits of multiple uses and recreational opportunities.
(7) Quality of the site.
(8) Economic benefits to the local area.
(9) Accessibility for persons with disabilities.
(10) Interference with any existing public utility use.
(11) Other criteria set by the board.
(c) The board shall determine the applicants to whom grants willbe awarded.
As added by P.L.40-1995, SEC.3. Amended by P.L.158-1999,SEC.14.
IC 8-4.5-5-12
Funding commitments
Sec. 12. The board is solely responsible for all fundingcommitments and shall determine which projects are funded, subjectto availability of money in the fund.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-13
Funding by board
Sec. 13. (a) The board may approve, modify, or deny anapplication for funds.
(b) The board may fund all or part of a project.
(c) The board may condition funding upon the applicant'sadherence to a time schedule or to fulfillment of an agreement.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-14
Unexpended funds
Sec. 14. The board is not required to commit all funds availableduring a fiscal year. The board may reserve unexpended or repaidmoney for the next programming cycle or for anticipated present orfuture project needs or for other contingencies.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-15
Limitations on reimbursement
Sec. 15. Project costs that exceed the amount granted by the boardmay not be reimbursed from the fund or the state general fund.Reimbursement of project costs is limited to the percentage matchapproved by the board and actual eligible project costs incurred.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-16
Project agreement
Sec. 16. (a) After the board has approved funding for a project,the department of natural resources and the applicant must executea project agreement.
(b) Except as provided in subsection (d), the agreement shallspecify the responsibilities for project planning, design, real propertyacquisition, contracting, construction and materials inspection, anddocumentation and the criteria for each.
(c) The agreement shall specify the overall funding level approvedand contain an estimated budget for eligible work items.
(d) The agreement shall specify that the department of naturalresources shall assume control of the trail if the project fails becausethe applicant breaches the agreement.
(e) An entity having jurisdiction over a road shall administer aproject located on a road. The entity by agreement may delegate partor all of this responsibility.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-17
Reimbursement of actual project costs
Sec. 17. (a) Actual eligible project costs incurred as specified inthe agreement, not to exceed the amounts authorized by the projectagreement, must be reimbursed.
(b) Project expenditures incurred after the board has made a
funding commitment but before execution of the agreement may bereimbursed if prior written authorization is obtained from thedepartment of natural resources and a project agreement issubsequently executed. However, reimbursement may not be paiduntil the project agreement has been executed.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-18
Real property acquisitions
Sec. 18. (a) Real property may be acquired by lease, by easement,or in fee simple.
(b) If real property is acquired in fee simple, title must be taken inthe name of the state.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-19
Audits
Sec. 19. The department of natural resources may audit all projectcosts incurred for compliance with the agreement, including coststhat are part of the matching contribution.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-20
Revocation or repayment of funds
Sec. 20. The board may revoke funding commitments or seekrepayment of funds loaned or granted, or take both actions, if any ofthe following are true:
(1) The terms of the project agreement have not been fulfilled.
(2) The department of natural resources finds that theapplication contained inaccuracies, omissions, errors, ormisrepresentations.
(3) The time schedule for project completion wasmisrepresented or has not been maintained.
(4) The authority fails to comply with section 4(a)(7) of thischapter.
As added by P.L.40-1995, SEC.3.
IC 8-4.5-5-21
Abandoned projects
Sec. 21. (a) If a project is completed and later abandoned, thedepartment shall inform the board as soon as is reasonably possible.
(b) After the board receives notification under subsection (a), theboard shall consider all possible uses by the state, includingcontinued abandonment of the corridor.
As added by P.L.40-1995, SEC.3.