CHAPTER Res 8100
BUREAU OF TRAILS, DIVISION OF PARKS AND RECREATION, DEPARTMENT OF
RESOURCES AND ECONOMIC DEVELOPMENT - REPEALED
Source. #4391-a, eff 3-30-88; EXPIRED 3-30-94
New. #5946, eff 12-23-94; rpld by #7457, eff
3-1-01
CHAPTER Res 8200
RESERVED
CHAPTER Res 8300
RESERVED
Source. #4391-a, eff 3-30-88; ss by #5594, eff
3-12-93; ss by #5946, eff 12-23-94; rpld and moved by #6209, eff 3-22-96 (See
Res 101.06)
CHAPTER
Res 8400 RULES FOR THE GRANT-IN-AID
PROGRAM
Statutory
Authority: RSA 215-A:3-a, III and RSA
215-C:3, II
PART
Res 8401 PURPOSE AND SCOPE
Res 8401.01 Purpose
of the Grant-In-Aid Program.
(a) The purpose of
the grant-in-aid program is to provide assistance to off highway recreational
vehicle (OHRV) clubs, snowmobile clubs and political subdivisions for projects
which will benefit the ridership of OHRVs, snowmobiles, or both.
(b) The intent of
the program is to enhance the development, maintenance, construction, grooming
and safety of public use OHRV and snowmobile trails in
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08;
ss by #10850, eff 6-17-15
Res 8401.02 Scope. These rules shall only apply to OHRV clubs,
snowmobile clubs, and political subdivisions as defined by Res 8402.01(e), (f)
and (g).
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
PART Res 8402 DEFINITIONS
Res 8402.01 Definitions.
(a) "Bureau
chief" means the chief supervisor for the bureau of trails within the
department of resources and economic development.
(b) “Class 1 and 2
equipment” means a snowmobile, either standard or wide tracked, an ATV or UTV,
or similar style vehicle, which is used for trail grooming or maintenance.
(c) "Class 3
equipment" means a tractor used to groom or maintain trails with a horsepower
range of 48 to 80 and a vehicle width between 60 inches and 72 inches.
(d) "Class 4
equipment" means a tractor used to groom or maintain trails with a
horsepower range of 81 to 100 and a vehicle width between 76 inches and 86
inches.
(e) "Class 5
equipment" means a tractor used to groom or maintain trails with a
horsepower range of 101 or more and a vehicle width of 87 inches or more.
(f) “Grant-in-Aid
(GIA)” means the program administered by the Department of Resources and
Economic Development, Bureau of Trails, pursuant to Res 8400.
(g) “Grooming or
maintenance implement” means drags, rock rakes, blades, or any other attachment
purchased, and used on, or towed behind equipment for the purpose of trail
maintenance or grooming.
(h) “OHRV advisory
committee” means the volunteer committee which advises the bureau chief about
grants in aid projects. The committee
shall be made up of an OHRV representative from each bureau district which is
recommended to the bureau chief by the NH off highway vehicle association, and
approved by the bureau chief, based upon the trail maintenance and volunteer
club experience of the individual.
(i) "OHRV
club" means "OHRV club" as defined in RSA 215-A:1, V-a, namely
"an organized, dues-paying group of OHRV users with bylaws, registered
with the secretary of state as a nonprofit organization."
(j) "Political
subdivision" means a town, city, county, or another department or division
of the state.
(k) “Snowmobile
advisory committee” means the volunteer committee which advises the bureau
chief about grants in aid projects. The
committee shall be made up of a snowmobile representative from each county
which is recommended to the bureau chief by the NH snowmobile association, and
approved by the bureau chief, based upon the trail maintenance and volunteer
club experience of the individual.
(l) "Snowmobile
club" means "snowmobile club" as defined in RSA 215-C:1, XVI,
namely "an organized, dues-paying group of snowmobile users with bylaws,
registered with the secretary of state as a nonprofit organization."
(m) "Trail
administrator" means a member of an OHRV club, snowmobile club or
political subdivision designated or elected to enter into agreements with the
bureau for grant-in-aid purposes.
(n) "Winter
season" means the months of November through April and when the ground is
predominantly covered with snow.
Source. #2221, eff 12-23-82; ss by #2979, eff 2-21-85;
ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff
12-24-08; ss by #10850, eff 6-17-15
PART Res 8403 PROGRAM INFORMATION
Res 8403.01 Uses
of Grant-In-Aid. Grant-in-aid
(“GIA”) shall be used for the development and maintenance of OHRV and
snowmobile trails on private, state, federal, or municipal lands. All state, federal or municipal permits required
shall be the responsibility of the OHRV club, snowmobile club or political
subdivision applying for grant-in-aid.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff
12-24-08; ss by #10850, eff 6-17-15
Res 8403.02 Percentages
of Grant-In-Aid. Grant-in-aid shall
be limited to the following percentages:
(a) 100% of the cost
of purchasing materials for trail construction and maintenance;
(b) 60% of the cost
of renting equipment required to complete a project;
(c) 60% of the cost
of purchasing trail grooming equipment;
(d) 75% of the cost
of reconditioning trail grooming equipment;
(e) 70% of the cost
of operations for summer trail grading and winter trail grooming;
(f) 50% of the cost
of parking lot snow removal;
(g) 50% of the cost of
liability insurance premiums for trail grooming equipment; and
(h) 100% of trail
signs funded by the program and provided by the bureau.
Source. #2221, eff 12-23-82; ss by #2979, eff 2-21-85;
ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195, INTERIM, eff 6-27-08, EXPIRES:
12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15
Res 8403.03 Reduction
of Grant-In-Aid.
(a) Should OHRV or
snowmobile revenues fall short of the estimated amounts, grant-in-aid awards
shall be reduced by the amount of the revenue shortfall. If GIA revenues are insufficient to fund
projects at the percentages noted in Res 8403.02, the bureau shall have the
ability to offer partial funding to a club, which is lower than those
proportions noted in Res 8403.02, and the club may determine if they wish to
accept the lower project funds.
(b) Any non-GIA
grant(s) received for purchases of equipment shall be deducted from the total
cost of a new or used piece of equipment before calculating a grant in aid
award.
(c) In the event
that a club is purchasing new equipment, and that club is selling or trading-in
property previously purchased through the GIA program as part of the financing
for that new equipment, then the bureau shall compare the value of that sale or
trade-in against the amount of the purchase price not covered by the GIA
award. If the sale or trade-in value is
greater than the proportion of the purchase price not covered by the GIA award,
then the Bureau shall reduce the GIA award below that specified in Res 8403.02
to the extent necessary to prevent the combination of the sale or trade-in
value and the GIA award from exceeding 100% of the value of the new equipment.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15
Res 8403.04 Deadlines
for Submitting Applications.
(a) Grant-in-aid applications,
pursuant to Res 8405.01 and 8405.02, for projects to be accomplished during the
upcoming summer season shall be submitted no sooner than April 1 and no later
than May 15 of each year. Projects shall
include trail construction and maintenance, purchase and reconditioning of
trail grooming equipment, summer grading operations, reimbursement of liability
insurance premiums for trail grooming equipment, and trail sign orders.
(b) Grant-in-aid
applications, pursuant to Res 8405.01 and 8405.02, for projects to be
accomplished during the upcoming winter season shall be submitted no sooner
than September 1 and no later than October 15 of each year. Projects shall include winter grooming
operations and parking lot snow removal.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195, INTERIM,
eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff
6-17-15
Res 8403.05 Authorized
Trail Administrator. Each OHRV club,
snowmobile club and political subdivision requesting grant-in-aid shall
authorize a trail administrator to represent their organization and shall
complete and submit the signature page of the Grant In Aid Application Form
8405.01, 8405.02 or 8405.03, 2015 Version, as applicable. The trail administrator’s name shall be
listed on the application.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
Res 8403.06 Landowner
Permission. All OHRV clubs,
snowmobile clubs and political subdivisions seeking grant-in-aid for trail
construction or maintenance shall obtain written landowner permission. Written permission shall not be required for
summer grading and winter grooming operations, provided that the trail
administrator verifies by signing the grant-in-aid application that permission
has been received.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
Res 8403.07 GPS/GIS Map Data. By October 2016 all clubs shall have their trail
system mapped using GPS tracks and submit the information to the bureau
annually. Clubs that have not provided
trail locations in GPS, or other acceptable format, shall not be eligible for
grant funds starting in 2017. Trails
shall not need to be mapped using GPS tracks annually, but a GPS track quality
map shall be provided annually and data for trail reroutes provided.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
PART Res 8404 PROJECT REQUIREMENTS
Res 8404.01 Multiple
Projects. Only one application shall
be required for multiple projects having the same application deadline provided
that each listed project meets the criteria outlined in this part.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08; ss by #10850, eff
6-17-15
New. #9195, INTERIM, eff 6-27-08, EXPIRES:
12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15
Res 8404.02 Trail
Construction and Maintenance. Any
project for trail construction and maintenance shall include the following to
be submitted with the application:
(a) A detailed
description of the proposed project;
(b) A statement of
the type of work necessary to complete the project;
(c) A copy of
landowner permission for the project area as required by Res 8403.06; and
(d) A detailed trail
map of the project area.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15
Res 8404.03 Purchase
of Trail Grooming or Maintenance Equipment.
Any project for the purchase of trail grooming or maintenance equipment
shall:
(a) Include a
detailed description of the equipment to be submitted with the application that
provides:
(1) The year of manufacture;
(2) The make of the equipment;
(3) Engine size;
(4) Fuel type; and
(5) Optional equipment desired;
(b) Include a signed
quote from a proposed vendor including the proposed vendor’s address and
telephone number to be submitted with the application;
(c) If the applicant
for a trail grooming equipment grant is also selling or trading equipment
previously purchased through the grant-in-aid program to another OHRV club,
snowmobile club or political subdivision, include a detailed description of the
equipment to be submitted with the application that provides:
(1) The make, model and size of the equipment;
(2) The year of manufacture;
(3) The original cost of the equipment;
(4) The amount of grant-in-aid provided for the
purchase of the equipment; and
(5) The year of purchase by the applicant;
(d) Include an agreement
by the grantee to maintain equipment purchased through the grant-in-aid program
in good mechanical condition; and
(e) Include an
insurance policy for all equipment purchased through the GIA program sufficient
to cover the equipment’s actual cash value for the term of the GIA award
pursuant to Res 8404.04:
(1) The insurance policy shall name the State of
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15
Res 8404.04 Terms
of Ownership.
(a) No equipment
previously purchased through the grant-in-aid program shall be sold or traded
by a grantee except as follows:
(1) For class 1 or 2 equipment previously
purchased through the GIA program, the club may sell or trade the equipment,
and the state shall no longer claim any interest in the machine and its
disposal if the equipment has been in the possession of the club for 7 years
from the date of the purchase;
(2) For any equipment that was in new condition
when purchased through the GIA program and not subject to (1) above, the club
may sell or trade the equipment, and the state shall no longer claim any
interest in the machine and its disposal if:
a. The equipment has been in the possession of
the club for 7 years from the date of purchase; and
b. The equipment has had 3000 hours of
operation;
(3) For any equipment that was in used condition
when purchased through the GIA program and not subject to (1) above, the club may
sell or trade the equipment, and the state shall no longer claim any interest
in the machine and its disposal if:
a. The equipment has been in the possession of
the club for 5 years from the date of purchase; and
b. The equipment has had 1300 hours of
operation;
(4) For any trail grooming or maintenance
implements purchased through the GIA program, the club may sell or trade the
implement and the state shall no longer claim an interest in the property if
the implement has been in the possession of the club for 7 years from the date
of purchase;
(5) If (1), (2), (3), and (4) above do not apply,
and the equipment is no longer being used to provide trail maintenance or
grooming services on trails used by the general public, then the club may sell
the property provided that upon receipt of the sale proceeds the club shall
return funds to the bureau in the same proportion as the bureau funded the
initial purchase price;
(6) For any equipment owned by a club that ceases
to participate in the GIA program, maintain public trails, disbands without
reforming, or disbands without being absorbed into another participating
organization, and to which (1) through (5) do not apply, the club shall:
a. Give the bureau the first opportunity to
purchase the equipment for the non-GIA proportion of the equipment’s value; and
b. If the bureau does not purchase the property
pursuant to (a) above, reimburse the GIA program a portion of the sale price in
the same proportion as the bureau funded the initial sale price;
(7) If a piece of equipment is replaced in
violation of (1) through (6), above, then the replacement equipment shall be
subject to the same terms and conditions set forth upon the original grant funded
equipment for the remainder of the time period during which the club could not
sell or trade that equipment without further violating 8404.04;
(b) The State of
(1) Describe the equipment subject to the lien;
(2) Identify the club that owns the equipment;
and
(3) Identify the State of
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15
Res 8404.05 Reconditioning
of Trail Grooming Equipment.
(a) Any project for the
reconditioning of trail grooming equipment shall:
(1) Be limited to class 3, 4 and 5 of grooming
tractors;
(2) Have a minimum of 3,000 hours of operation or
be a minimum of 7 years of age from date of manufacture;
a. for previously reconditioned grooming
equipment, have another 1,700 hours of operation;
(3) Include a detailed description of the
equipment to be submitted with the application that provides:
a. The year of manufacture;
b. The make of the equipment;
c. Engine size;
d. Fuel type; and
e. Optional equipment;
(4) Include a letter of justification for
purchasing the equipment to be submitted with the application that provides:
a. A list of currently owned equipment;
b. The condition of the equipment; and
c. Any repair costs for the equipment;
(5) Include a signed quote from an authorized
manufacturer’s representative including the representative’s address and
telephone number to be submitted with the application; and
(6) Include an agreement by the grantee to maintain
equipment reconditioned through the GIA program in good mechanical condition.
(b) Clubs shall
retain and operate any equipment reconditioned through the grant-in-aid program
for a minimum of 3 years, and 800 hours, from date of reconditioning,
in addition
to the requirements of Res 8404.04, before selling or trading the
equipment. Clubs that sell or trade
grooming equipment within 3 years, and less than 800 hours of operation, of a
reconditioning grant shall reimburse the State of
(c) The State of
(1) Describe the equipment subject to the lien;
(2) Identify the club that owns the equipment;
and
(3) Identify the State of
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195, INTERIM, eff 6-27-08, EXPIRES:
12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15 (from Res
8404.04)
Res 8404.06 Summer
Trail Grading Operations. Any
project for summer trail grading operations shall include the following to be
submitted with the application:
(a) A trail map,
identifying the areas to be graded;
(b) The total
one-way mileage of trails to be graded;
(c) A grading
schedule that includes grading frequencies for areas identified in (a) above;
and
(d) A detailed
description of the grading equipment to be used including the make, model and
size.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15 (from Res 8404.05)
Res 8404.07 Winter
Trail Grooming Operations. Any project
for winter trail grooming operations shall include the following to be
submitted with the application:
(a) A trail map,
identifying the areas to be groomed;
(b) The total
one-way mileage of trails to be groomed;
(c) A grooming schedule
that includes grooming frequencies for areas identified in (a) above; and
(d) A detailed
description of the grooming equipment to be used including the make, model and
size.
Source. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15 (from Res 8404.06)
Res 8404.08 Parking
Lot Snow Removal. Any project for
snow removal from parking lots shall include the following to be submitted with
the application:
(a) A map clearly
showing the location of the parking lot;
(b) A detailed
description of the parking lot including the size and approximate number of
parking spaces available; and
(c) An estimate of
the expected cost of snow removal for the upcoming winter season.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.07)
Res 8404.09 Liability
Insurance for Trail Grooming Equipment.
(a) Any project for the reimbursement of liability
insurance premiums paid for trail grooming equipment shall include the
following to be submitted with the application:
(1) A copy of the insurance certificate; and
(2) A copy of paid receipts;
(b) Liability
insurance premium payments requested through the grant in aid program shall be
considered for approval only during winter seasons where there is less than
average snow fall for grooming, which shall be determined
regionally in the state by the bureau chief.
(c) Such determination shall be made by March 1 of each
winter and noticed to all clubs participating in the GIA program.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15 (from Res 8404.08)
Res 8404.10 Trail
Signs. Any project for trail sign
orders shall include a detailed trail map showing the location of the project
area to be submitted with the application.
Source. #10850,
eff 6-17-15 (from Res 8404.09)
PART
Res 8405 APPLYING FOR GRANT-IN-AID
Res 8405.01 OHRV
Grant-In-Aid Program Application.
OHRV clubs and political subdivisions applying for grant-in-aid for
summer OHRV projects shall complete, and submit, the OHRV Grant-In-Aid Program
Application Form 8405.01, 2015 Version.
Projects shall include trail construction and maintenance, purchase and
reconditioning of trail grooming equipment, summer trail grading operations,
reimbursement of liability insurance premiums for trail grooming equipment, and
trail sign orders.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff
12-24-08; ss by #10850, eff 6-17-15
Res 8405.02 Snowmobile
Grant-In-Aid Program Application.
Snowmobile clubs and political subdivisions applying for grant-in-aid
for summer snowmobile projects shall complete, and submit the Snowmobile
Grant-In-Aid Program Application Form 8405.02, 2015 Version. Projects shall include trailconstruction and
maintenance, purchase and reconditioning of trail grooming equipment,
reimbursement of liability insurance premiums for trail grooming equipment, and
trail sign orders.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08;
ss by #10850, eff 6-17-15
Res 8405.03 Snowmobile
Grooming and Snow Removal Grant-In-Aid Program Application. Snowmobile clubs and political subdivisions
applying for grant-in-aid for winter snowmobile projects shall complete, and
submit, the Snowmobile Grooming and Snow Removal Grant-In-Aid Program
Application Form 8405.03, 2015 Version.
Projects shall include winter trail grooming operations and/or parking
lot snow removal.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
Res 8405.04 Required
Project Information. OHRV clubs,
snowmobile clubs or political subdivisions shall submit required project
information pursuant to Res 8404 with an application.
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
Res 8405.05 Submitting
an Application. The OHRV club,
snowmobile club or political subdivision shall mail or hand-deliver a completed
application and all attachments, in accordance with the deadlines established
in Res 8403.04, to:
Department of Resources
and Economic Development
Bureau of Trails
Source. #9350,
eff 12-24-08; ss by #10850, eff 6-17-15
PART Res 8406 REVIEW OF GRANT-IN-AID APPLICATIONS
Res 8406.01 Review
of Grant-In-Aid Applications.
(a) The bureau shall
review all grant-in-aid applications within 15 working days of the deadlines
established in Res 8403.04, with recommendations from the OHRV or snowmobile
advisory committee, and shall recommend approval or denial of grant-in-aid to
the bureau chief. In making a decision
the bureau chief shall consider the advisory committees input.
(b) The bureau chief
shall approve an application if:
(1) Significant control over the trail or project
area is shown, such as landowner permission and equipment for project;
(2) Adequate resources are available to support
the project, such as snowfall, land for development, and nearby services to
assist trail users;
(3) Anticipated levels of trail use can justify
expenditures;
(4) Needs of the area and trail system are met;
(5) The project area is accessible to the public
trail user;
(6) Public facilities are available, such as
parking, fuel, lodging, and food;
(7) Environmental impacts are minimized and
natural features are preserved where possible; and
(8) All applicable statutes and rules with
previous grant-in-aid projects have been complied with.
(c) Following
approval of an application, the bureau chief shall forward to the OHRV club,
snowmobile club or political subdivision, a grant-in-aid agreement for
signature by the trail administrator.
(d) The signed
grant-in-aid agreement shall be returned to the bureau for execution.
Source. #2221, eff 12-23-82; ss by #2979, eff 2-21-85;
ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff
12-24-08; ss by #10850, eff 6-17-15
PART
Res 8407 NOTIFICATION
Res 8407.01 Notification.
(a) Following
approval of a grant-in-aid agreement, the bureau chief shall forward to the
OHRV club, snowmobile club or political subdivision, within 20 days of
approval, one completely executed copy of the grant-in-aid agreement and a
letter of acceptance.
(b) In the event a
grant-in-aid application is denied, the reason for such denial shall be made in
writing to the applicant.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195, INTERIM, eff 6-27-08, EXPIRES:
12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15
PART
Res 8408 REIMBURSEMENT REQUIREMENTS
Res 8408.01 Grant-In-Aid
Billing Form.
(a) OHRV clubs,
snowmobile clubs and political subdivisions requesting reimbursement for
approved grant-in-aid projects shall complete, and submit, the Grant-In-Aid
Billing Form 8408.01, 2015 Version.
(b) The club or
political subdivisions shall include a copy of the following with the billing
form:
(1) Paid receipts for the purchase of materials
and for the rental of equipment for trail construction and maintenance
reimbursements, if applicable;
(2) A paid receipt from the seller listing the
total price paid, make, model, serial number, year of manufacture, engine size,
fuel type, date of delivery for trail grooming equipment purchase
reimbursements, and a bill of sale for any equipment sold or traded as part of
the project, if applicable;
(3) A paid receipt from an authorized
manufacturer’s representative listing the total price paid, make, model, serial
number, year of manufacture, engine size, fuel type, and date of delivery for
trail grooming equipment reconditioning reimbursements, if applicable;
(4) Log sheets detailing each day of grading for
each piece of grading equipment for summer trail grading reimbursements, if
applicable. All log sheets shall note
the mileage graded and beginning and ending mileage, hour meter reading, or
both, as appropriate;
(5) Log sheets detailing each day of grooming for
each piece of grooming equipment for winter trail grooming reimbursements, if
applicable. All log sheets shall note
the mileage groomed and beginning and ending mileage, hour meter reading, or
both, as appropriate;
(6) Paid receipts for snow removal for parking
lot snow removal reimbursements, with dates of plowing listed, if applicable;
and
(7) A paid receipt and the insurance certificate
for liability insurance premiums reimbursements, if applicable;
(c) Clubs may
request capital advances in the event of justified hardship being demonstrated,
in writing, to the bureau chief. Such request
shall include the financial records of the club. Any advances granted shall have proof of
payment submitted back to the bureau within 60 days, or future requests for
advances shall be denied;
(1) Requests for advances shall be submitted on a
signed billing form and include a copy of the vendor invoice. Clubs must submit a copy of their current
financial statements, showing their account information from their financial
institution, to demonstrate an inability to pay expenses up front;
(2) No more than 75% of the grant value may be
forwarded to the grantee in advance.
Grantee shall be eligible for remaining 25% value of the grant only
after all documents for advanced funds have been received and approved by the
bureau;
(d) The OHRV club,
snowmobile club or political subdivision shall mail or hand-deliver a completed
billing form and all attachments to:
Department of Resources
and Economic Development
Bureau of Trails
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195, INTERIM, eff 6-27-08, EXPIRES:
12-24-08; ss by #9350, eff 12-24-08; ss by #10850, eff 6-17-15
Res 8408.02 Time
Limit for Reimbursements. All
requests for reimbursement shall be submitted within the contract completion
date as specified in the approved grant-in-aid agreement.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New.
#9195, INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff
12-24-08; ss by #10850, eff 6-17-15
Res 8408.03 Funds
Not Used. Any funds which are part
of a grant-in-aid project that are not used by the club or political
subdivision for the purposes authorized by the approved application shall
revert to the grant-in-aid program. Any
remaining balances shall not be used for any other purpose by any club or
political subdivision unless prior written permission is received from the bureau.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15
Res 8408.04 Failure
to Comply. Failure to comply with
any of the rules governing the reimbursement of funds shall result in the
non-reimbursement of any funds owed and shall cause future grant-in-aid
requests to be denied providing corrections are not made within 15 working days
of notification of any failure of rules compliance.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; ss by #5698, eff 9-7-93, EXPIRED 9-7-99
New. #7238, eff 5-1-00, EXPIRED: 5-1-08
New. #9195,
INTERIM, eff 6-27-08, EXPIRES: 12-24-08; ss by #9350, eff 12-24-08; ss by
#10850, eff 6-17-15
CHAPTER Res 8500 BUREAU TRAIL USE RULES
Statutory
Authority: RSA 12-A:2-c I,II, III,
and IV, RSA 215-A:3-a, and RSA 215-C:3, I
PART Res
8501 DEFINITIONS
Res 8501.01 Def
(a) "ATV"
means "all terra
(b)
"Bureau" means "bureau" as def
(c) "Bureau ATV
tra
(d) "Bureau
snowmob
(e) "Bureau tra
(f) "Bureau tra
(g) "Convent
(h) "Establ
(
(j) "OHRV"
means "off h
(k)
"Operate" means "operate" as def
(l)
"Snowmob
(m) "Tra
(n) "Tra
(o) "UTV"
means a “utility trail vehicle” as defined in RSA 215-A:1, XXIII.
Source. #2221, eff 12-23-82; ss by #2979, eff
2-21-85; ss by #4391-a, eff 3-30-88; EXPIRED 3-30-94
New. #5946, eff 12-23-94, EXPIRES: 12-23-02
Source. #7457, eff 3-1-01; ss by #7796, eff 12-2-02;
ss by #9478, eff 5-23-09; ss by #10905, eff 8-5-15
PART
Res 8502 ALL BUREAU TRAILS
Res 8502.01 Appl
Source. #4391-a, eff 3-30-88; EXPIRED 3-30-94
New. #5946, eff 12-23-94, EXPIRED: 12-23-02
New. #7457, eff 3-1-01, EXPIRED: 3-1-09
New. #9478, eff 5-23-09; ss by #10905, eff 8-5-15
Res 8502.02 Author
Source. #7796, eff 12-2-02; ss by #9478, eff 5-23-09;
ss by #10905, eff 8-5-15
Res 8502.03 Bureau
Tra
(a) No person shall
operate an OHRV or snowmob
(b) No person shall
operate an OHRV or snowmob
(c) The prov
(d) No person shall operate an OHRV at a speed
(e) No person shall
operate a snowmob
(f) No person shall
operate an OHRV or snowmob
(g) No person shall
operate an OHRV or snowmob
(h) Th
Source. #9478, eff 5-23-09; ss by #10905, eff 8-5-15
Res 8502.04 Park
(a) No person shall
park a convent
(b) No person shall
park a convent
(c) No person shall
park a convent
(d) Any convent
(e) Th
Source. #9478, eff 5-23-09 (from Res 8502.02); ss by
#10905, eff 8-5-15
PART
Res 8503 ALL BUREAU SNOWMOBILE TRAILS
Res 8503.01 Appl
Source. #4391-a, eff 3-30-88; EXPIRED 3-30-94
New. #5946, eff 12-23-94, EXPIRED: 12-23-02
New. #7457, eff 3-1-01, EXPIRED: 3-1-09
New. #9478, eff 5-23-09; ss by #10905, eff 8-5-15
Res 8503.02 Snowmobile
Tra
(a) No person shall
operate an OHRV other than an ATV, UTV, tra
(b) No person shall
operate a convent
(c) No person shall
operate an ATV, UTV or tra
(d) No person shall
operate an OHRV or snowmob
Source. #9478, eff 5-23-09 (from Res 8503.01); ss by
#10905, eff 8-5-15
PART Res 8504
Res 8504.01 Appl
Source.
#4391-a, eff 3-30-88; EXPIRED 3-30-94
New. #5946, eff 12-23-94, EXPIRED: 12-23-02
New. #7457, eff 3-1-01; amd by #7796, eff 12-2-02;
ss by #9478, eff 5-23-09; ss by #!0905, eff 8-5-15; ss by #10905, eff 8-5-15
Res 8504.02 ATV,
UTV and Tra
(a) No person shall
operate an OHRV other than an ATV, UTV, tra
(b) No person shall
operate a convent
(c) No person shall
operate an ATV, UTV or tra
(d) The Ammonoosuc
Recreat
(e) No person shall
operate an ATV, UTV or tra
(f) Notw
(g) Notw
(h) No person shall
operate an ATV, UTV or tra
(
(j) No person shall
operate an OHRV w
Source. #9478, eff 5-23-09 (from Res 8504.01); ss by
#10905, eff 8-5-15
PART
Res 8505 PENALTIES
Res 8505.01 Penalt
Source. #4391-a, eff 3-30-88; EXPIRED 3-30-94
New. #5946, eff 12-23-94, EXPIRED: 12-23-02
New. #7457, eff 3-1-01; ss by #9478, eff 5-23-09;
ss by #10905, eff 8-5-15
PART
Res 8506 INFORMATION
Res 8506.01 Bureau
Tra
Source. #7457, eff 3-1-01; ss by #9478, eff 5-23-09;
ss by #10905, eff 8-5-15
Res 8506.02 Pet
Source. #9478, eff 5-23-09; ss by #10905, eff 8-5-15
Appendix
Rule |
|
|
|
Res 8401 |
RSA 215-A:23, VI
(a)-(c) and RSA 215-C:39, |
Res 8402 |
RSA 541-A:7 |
Res 8403 through Res
8408 |
RSA 215-A:23, VI (b)
and RSA 215-C:39, |
Res 8501 |
RSA 215-A:1; RSA
215-C:1; RSA 541-A:7 |
Res 8502.01 and Res
8502.02 |
RSA 12-A:2-c, II (a) |
Res 8502.03 through
Res 8504 |
RSA 12-A:2-c, I; RSA
12-A:2-c, II(a) and (b) RSA 215-A:3, V; RSA
215-A:3-a, II; RSA 215-A:6 RSA 215-C:2, VI; RSA
215-C:3, I; RSA 215-C:8; RSA 215-A:29, XI and RSA 215-C:49, XIII |
Res 8505 |
RSA 12-A:2-c, II(f), III,
and IV; RSA 215-A:19, I; RSA 215-C:34, I, RSA 651-2, |
Res 8506.01 |
RSA 91-A:4 |
Res 8506.02 |
RSA 215-A:3-a, II |