Recreational Trails Programs - FAQ

How do I apply?
When applications are available, they will be posted on our website, and application availability dates will be listed. If you do not have internet access, assistance will be available from the regional grant representatives upon request. Five full sets of the application will be required and must be submitted to the appropriate regional office. To the extent possible, all attachments should be no larger than 8 1/2" x 11" format, labeled with property name, location and cross-referenced to the specific part in the application. Only flexible portfolios less than 1" thick should be used to package the application.

Who may apply?
A State may provide moneys received under this Act as grants to non-profit organizations, municipal, state and federal agencies, Indian tribal governments and other public agencies and authorities. If the applicant is not the owner of the property, a legal land use agreement will be required. Not-for-profit corporations subject to New York State's not-for-profit corporation law, must have a charities registration number and be approved for tax-exempt status under the IRS code. If the organization is exempt from charities registration, such written determination from the Attorney General's office will be required.

Is there a minimum/maximum grant amount?
There is no statutory limit on the number of grants one property or one applicant may receive. Each year, the Commissioner establishes minimum and maximum award amounts. For 2003, the minimum grant award is $5,000 and the maximum grant award is $100,000.

Are these matching grants?
Yes. The Federal share under the RTP shall not exceed 80% of the approved total project costs. This is a reimbursement program and successful applicants must be prepared to fund the total cost of the project; and then as the project progresses, vouchers will be submitted for each payment request. After the grant award is made, the applicant is responsible for any increases in the total cost of the project. Note: If the applicant is another Federal Agency, the total federal share may not exceed 95%. If awarded, the reimbursement rate will be determined by the total cost/grant award ratio, which may be lower than 80%.

What types of costs are allowable?
In general, costs are allowable if they are necessary, reasonable and benefit this grant program. These include, e.g., professional services, labor, equipment, supplies, materials and real property related to trail maintenance, development or acquisition. Matching Share is that portion of the cost used to match the grant. Please Note: If other federal funds are anticipated, please contact your regional grants representative, since some federal funds are not eligible.

When must my share be available?
The immediate availability of funds is a critical factor when evaluating grant applications. This assures that approved projects can begin quickly.

Are there affirmative action requirements for this grant program?
Yes. Our Agency is committed to programs of Affirmative Action and Agency staff will assist you in undertaking Affirmative Action initiatives as you plan your project. Article 15A of the Executive Law pertains to Minority and Women-owned Business Enterprises (MWBE)/ Equal Employment Opportunity (EEO). State Agencies are required to insure that all state contracts in excess of $25,000 comply with EEO requirements. In addition, capital construction projects in excess of $100,000 may be assigned specific goals for participation by MWBEs. These goals will be based on the scope of the project and the availability of MWBEs to perform work in the project area. The grantee will be required to report each month and with the final payment request/final report. Capital construction projects which fall below the $100,000 threshold will be requested to solicit MWBEs during the project and document in the final payment request/final report their "Good Faith Efforts" to involve MWBEs in the project.

Are there environmental review requirements for this program?
Yes. Funding from the Federal Highway Administration is subject to review under the National Environmental Policy Act (NEPA). In addition, the requirements of the State Environmental Quality Review Act (SEQR) must also be met. Municipalities who receive grant awards will be considered lead agency for SEQR compliance. OPRHP will be considered lead agency under SEQR for Not-for-Profit projects selected for funding.

When can I start work?
The federal approval date is the official project start date. Any costs incurred or services rendered prior to that date will not be eligible for reimbursement. Once the project has received federal approval, a project agreement (including a budget, scope of work and performance timeline) is formalized between OPRHP and the applicant. Construction documents require review before work can begin, and some contracts must be publicly bid following applicable guidelines. Please contact your regional grant representative before any project work is undertaken. For projects that involve properties listed on or eligible for the State/National Register, all work undertaken as part of a grant-assisted project must conform to the Secretary of the Interior's Standards and Guidelines for Archaeology and Historic Preservation. Copies are available from your regional grant representative.

When must work be accomplished?
Contracts will be established with a (2) year term, with the possibility of extensions, if justified. All projects are required to be completed within (5) years from the date of federal approval. OPRHP will monitor the progress of project work and will recapture awarded funds if significant progress is not being made, lacking compelling justification to the contrary. Significant progress includes such tasks as retaining consultants, purchasing equipment, executing contract, initiating construction, submitting payment requests or other tasks required to complete project work pursuant to timeframes established in the grant agreement. Any work accomplished and paid for will be subject to all provisions of the contract.

When are the grant monies available?
This is a reimbursement program. Successful applicants must document project expenditures in order to receive reimbursements. As a result, grantees must plan their financial arrangements accordingly. Reimbursements will not be made unless all contract payment requirements have been met.

Do these grants come with provisions for long term protection?
Yes. All trails/trail facilities utilizing these funds will be expected to be available to the general public for a specified period of time, ranging from 5-20 years, depending on the amount of federal funds awarded. In addition, any equipment purchased with these funds will be subject to specific terms and conditions as specified in the Project Agreement. Any not-for-profit acquiring land for recreation or conservation purposes must grant the State a permanent conservation easement to the property. Any municipal parkland acquired or developed for trail purposes, may be subject to the "6f" requirements (non-conversion to a use other than recreational) of the Land and Water Conservation Fund. The specific timeframe for any particular grant will be determined by OPRHP and the Project Agreement will be conditioned to reflect this requirement

What other requirements will need to be met?
There are several Federal, State and OPRHP mandates that will need to be complied with. These mandates include, but are not limited to SEQR and NEPA environmental reviews, Uniform Fire Prevention and Building Code, the Americans with Disabilities Act, State Labor Law, General Municipal Law, Workers Compensation Law, Single Audit Act, Uniform Relocation Assistance and Real Property Acquisition Policies Act, and Section 106 of the National Historic Preservation Act. The Recreational Trails Program prohibits the use of grant funds to accommodate motorized use on trails that have been predominately used by non-motorized trail users prior to May 1, 1991, and a certification of compliance will be required within the contract. All applicable requirements will be specified in the Project Agreement for an awarded grant project. Please contact your regional grant representative for information on how these and other applicable statutes may impact your project.