To financially assist eligible local units of government in acquiring, constructing, and rehabilitating public, non-motorized bicycle paths and directly related support facilities. Must be open and available for general public use.

N/A

Funding for the program is derived from revenue generated from fees collected pursuant to Section 3-821(f) of the Illinois Vehicle Code (625 ILCS 5/2-119).

20 ILCS 805/805-70 20 ILCS 805/805-420 625 ILCS 5/2-119 (fund source)

Acquisition and development of public bike paths and trails by local units of government through competitive reimbursement grants

Yes

28.1 The purpose of this Agreement is to enable IDNR to provide financial assistance to the Grantee to acquire and/or develop land for outdoor recreation facilities that are open and accessible to the public in Illinois. 28.2 Project Implementation (17 III Adm. Code 3040.70): 1) Grantee is solely responsible for the design and implementation of the project described in its Project Application, the terms and conditions of which are hereby incorporated by reference and made a part of this Agreement. Failure by the Grantee to comply with any of the Agreement terms or the terms of the Project Application shall be cause for the suspension of all grant assistance obligations thereunder and may result in debarment for two grant cycles. 2) The Grantee agrees to implement and complete the approved project pursuant to the time schedule and plans set forth in the Project Application. Failure to render satisfactory progress or to complete the approved project to the satisfaction of IDNR per the terms of this Agreement is cause for suspension and/or termination of all obligations of IDNR under this Agreement. 3) Environmental and Cultural Resource Compliance: Approved grant project construction shall not commence and no payment shall be made under this grant until the Grantee, as set forth under IDNR’s Comprehensive Environmental Review Process (CERP), has initiated and completed all necessary project review and consultation with IDNR as required by section 11 of the Endangered Species Protection Act, 520 ILCS 10/11; section 17 of the Illinois Natural Areas Preservation Act, 525 ILCS 30/17; the mitigation or compensation determinations required by the Interagency Wetland Policy Act, 20 ILCS 830/1 et seq.; and the environmental and economic impact determination required by the Historic Preservation Act, 20 ILCS 3420/4. 4) Project Signage / Publicity: The Grantee agrees to display an "IL Bicycle Path Grant Program" acknowledgment sign provided by the IDNR, or similar sign designed by the Grantee and approved by IDNR, at the grant-assisted project site specified herein. 28.3 50% of the labor hours on the project must be performed by actual residents of the State of Illinois (20 ILCS 805/805-350). 28.4 Any property acquired or developed through assistance from the Bicycle Path Grant Program must be open to the public for outdoor recreation use without regard to race or color, creed, national origin, sex or disability, nor based on residence, except to the extent that reasonable differences in user fees may be imposed amounting to no more than double the fees charged to residents. 28.5 Projects receiving development grant assistance only shall be bound by the terms of this Agreement for the period of time specified below for the total amount of Bicycle Path Grant Program funds expended on the project (17 Ill. Adm. Code 3040.70): Total Grant Award Time Period After Final Billing $1 to $50,000 6 years For every $10,000 increment over $50,000 Add 1 year Land acquired with funding assistance from the Illinois Bicycle Path Grant Program shall be operated and maintained in perpetuity for public outdoor recreation use. 28.6 Property acquired or developed with Bicycle Path Grant Program funds may not be converted to a use other than public outdoor recreation use as provided in this Part without prior IDNR approval. Approval for property conversion will be granted only if the Grantee substitutes replacement property of at least equal market value and comparable outdoor recreation usefulness, quality and location (17 Ill. Adm. Code 3040.70). 28.7 For projects receiving acquisition assistance, an appraisal must be provided by the sponsoring agency and submitted to the Department for review and certification. The appraisal must be completed to Departmental specifications. Title to any property for which grant reimbursement is sought cannot be taken by the sponsoring agency before Department approval of Certified Fair Market Value for the property is received. (17 Ill. Adm. Code 3040.70). 28.8 For projects receiving development assistance, the sponsoring agency must possess either fee simple title or a permanent easement to the property being improved or an approved lease arrangement of at least 25 years, unless otherwise approved by the Department. The Department will consider, on a case-by-case basis, lease arrangements for shorter periods when State statute prohibits a unit of local government from entering into such a long-term agreement, or other circumstances beyond the control of the local unit of government prohibit such arrangements (see Section 3040.50(a)(1)). The sponsor must also adhere to applicable state and local procurement requirements and make available to the Department all working plans, specifications, contract documents and cost estimates for review prior to commencing work. The format for any advertisement or prospectus soliciting and inviting bids, indicating dates of same, must also be presented, upon request, to the Department for review prior to publication. The Department will notify the project sponsor if the proposed project requires approval from a registered structural engineer. (17 Ill. Adm. Code 3040.70). 28.9 Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows: 1) ACQUISITION PROJECT: Proof of fair market value offer to seller for the property, copy of deed (Judgement Order in case of condemnation) showing ownership transferred to the local project sponsor, and copies of cancelled check(s) showing proof of payment to seller. 2) DEVELOPMENT PROJECTS: Copy of Construction As-Built drawings (no larger than 11" x 17"), copy of receipts/invoices for project costs, and copy of cancelled checks showing proof of payment. 28.10 Financial records on approved projects must be maintained and retained by the project sponsor for possible State audit for a period of final reimbursement payment is made by the Department. 28.11 The sponsoring agency must permanently post a Bicycle Path Grant Program acknowledgement sign at the project site where grant assistance is involved. The necessary sign will be provided by the Department -or specifications for its construction will be furnished to the local project sponsor, if requested. 28.12 The sponsoring agency shall indemnify, protect, defend and hold harmless the Department from any and all liability, costs, damages, expenses, or claims thereof arising under, through or by virtue of the construction, operation and maintenance of Program-assisted bicycle path facilities. 28.13 The Grantee shall use its best efforts and due diligence to complete the project within the Agreement term. No extensions to the termination date will be issued without written approval from IDNR. 28.14 Termination for Cause: IDNR may terminate this Agreement, in whole or part, immediately upon written notice to the Grantee if the State determines that the actions or inactions of the Grantee, its agents, employees or subcontractors have caused or reasonably could cause jeopardy to health, safety or property; if the Grantee has notified the state that it is unable or unwilling to perform the contract; or if the Grantee owes money or is in pending litigation with the State of Illinois during the term of this agreement. For termination due to any of the causes contained in this section, the State retains its right to seek any available legal or equitable remedies and damages. 28.15 Termination for Convenience: Either party, prior to project commencement, has the right to rescind this Agreement upon thirty (30) days written notification to the other party. This Agreement is furthermore contingent upon and subject to the availability of funds. IDNR, at its sole option, may terminate or suspend this Agreement, in whole or in part, without penalty or further payment being required, if the Illinois General Assembly or the federal funding source fails to make an appropriation sufficient to pay such obligation, or if funds needed are insufficient for any reason (30 ILCS 500/20-60 (b)). 28.16 Termination for Breach: IDNR may terminate this agreement if grant funds are not used exclusively in accordance with the provisions contained in this agreement; or if Grantee fails without legal excuse to comply with any of the terms of this Agreement. The parties agree that in the event of a breach of this Agreement by the Grantee and notification from IDNR, the Grantee shall have thirty (30) days to cure or correct the breach. If the breach is not cured or corrected, IDNR shall thereafter have full right and authority to take such action as it deems necessary to enforce the pro¬visions of this Agreement, to prevent the continued breach or violation thereof by the Grantee, and to seek any other remedy that may be available by law. 28.17 In the event of termination by IDNR in accordance with subsections (c), (d) and (e) this section, IDNR shall pay to the Grantee the reasonable value of services performed under this Agreement prior to the date of termination, provided the Grantee submits bills and proof of claims for supplies and services provided in compliance with this Agreement, cancels as many outstanding obligations as possible, and does not incur any new obligations after the effective date of termination. If IDNR terminates this Agreement, any payments made to the Grantee or recoveries by IDNR shall be in accordance with the legal rights and liabilities of the parties. 28.18 In the event any court finds that Grantee’s activities are a breach or violation of this Agreement, the Grantee will reimburse IDNR for all costs, including reasonable attorney’s fees, incurred by IDNR in the pursuit of its rights under this Agreement. For purposes of this paragraph, "costs" shall be deemed to be all expenses, including but not limited to court costs and the value of IDNR staff time, reasonably incurred by IDNR. 28.19 Intellectual Property 1) All intellectual property ("IP") rights (including copyright, patent, and any other rights) in materials arising out of or resulting from Grantee’s use of the grant funds or any earning thereon (the “Public Materials”), including by way of example but not as limitation, any posters and promotional materials, photographs, maps, drawings, charts, reports, brochures, blueprints, website pages, and source code, shall be owned by Grantee unless Grantee materially breaches the terms of this Agreement. 2) To ensure that the Public Materials are widely and generally available to the public who has paid for their production, Grantee hereby grants to IDNR a non-exclusive, perpetual, irrevocable, royalty-free, paid-up, worldwide, sublicensable license to use, copy, or publish the Public Materials by any means or media in connection with any activity of IDNR. 3) Grantee shall provide to all employees and agents of Grantee who might otherwise be entitled to claim any authorship or ownership or IP interest in such Public Materials (including but not limited to architects, photographers, graphic designers, web designers, sculptors, and contractors) a copy of this clause and shall obtain such employees' and agents' acknowledgment and agreement (1) that any employee or non-employee's contributions to any such Public Materials shall be considered Grantee property and/or works for hire, and (2) that to the extent that the Public Materials are not so considered, that all such contributors assign their rights therein, whether under patent, copyright, trade secret, or trademark law, and including moral rights, in perpetuity or for the longest period otherwise permitted by law, to Grantee such that Grantee can effectively grant the above-described license. Grantee shall allow IDNR full access to the project site and materials, both during the grant term and after completion, for documentation, inspection, publicity, photography, promotion, or similar purposes. 28.20 No significant deviations from the approved Agreement (development plan) or control of property interests in the project site shall be made without prior written approval from IDNR. Specific actions regarded as significant deviations include, but are not limited to: 1) The granting of an easement, right-of-way, or other such encum¬brance on title which divests control of the project site from the Grantee to another individual, group, agency, or entity. 2) Any significant deviation from the approved project site plan OR change, alteration or disposition of the project site ¬to anything other than public outdoor recreation use, unless approved in this Agree¬ment or by IDNR. The construction of any building including indoor recreation facilities, exclusive of outdoor recreation service or support structures and sanitary facilities, are considered a conversion in use. 3) The construction of any overhead service utility line on the project site subsequent to the date of this Agreement, except for electric lines over 15 kv, unless otherwise approved by IDNR. (All future utility lines servicing the project site, except as noted, must be buried.) 28.21 Any deviation or conversion of the project site(s) from public outdoor recreation use without DNR approval shall be considered a breach of this Agreement resulting in the Grantee being held liable for replacing said converted property with comparable land as deemed acceptable by IDNR. 28.22 In connection with project construction, and the subsequent operation and maintenance of the facilities, the Grantee agrees that it shall be responsible for and obtain all permits, licenses, or forms of consent required to complete the project. Failure to obtain any required permit or approval may jeopardize grant reimbursement and/or cause debarment. 28.23 No assignment of grant provisions or duties is allowed. 28.24 All facilities constructed with state Bicycle Path Grant Program grant assistance must be designed and developed to fully accommodate accessibility standards as per the Illinois Accessibility Code Standards, the Americans with Disabilities Act (ADA) (42 U.S.C. 12101 et seq.) and the regulations thereunder (28 CFR 35.130). 28.25 If the grant award is $250,000 or more for capital construction costs or professional services, Grantee certifies that it shall comply with the business enterprise program practices for minority-owned businesses, female-owned businesses, and businesses owned by persons with disabilities of the Business Enterprise for Minorities, Females, and Persons with Disabilities Act (30 ILCS 575/) and the equal employment practices of Section 2-105 of the Illinois Human Rights Act (775 ILCS 5/2-105). See 30 ILCS 105/45. 28.26 The Grants Manual, a copy of which the IDNR previously provided to the Grantee, is hereby incorporated herein by reference and made a material and binding part of this Agreement. The undersigned acknowledges that he or she (1) has reviewed that Grants Manual and (2) agrees to comply with same. ________ (initials of signator).

Government Organizations;

BIKE PATH funding is available to: Units of local government with statutory authority to acquire develop and maintain lands for bicycle trail purposes. This includes but is not limited to: counties, townships, municipalities, park districts, conservation districts and forest preserve districts. An entity may apply for a grant but will not be eligible for a grant award unless the entity has pre-qualified through the Grant Accountability and Transparency Act (GATA) Grantee Portal, www.grants.illinois.gov/ portal by the close of the application period. During pre-qualification, Dun and Bradstreet verifications are performed including a check of Debarred and Suspended status and good standing with the Secretary of State. The pre-qualification process also includes a financial and administrative risk assessment utilizing an Internal Controls Questionnaire. If applicable, the entity will be notified that it is ineligible for grant award as a result of the Dun and Bradstreet verification. The entity will be informed of corrective action needed to become eligible for a grant award.

N/A

Project Grants

Quality of Natural, Cultural, and Environmental Resources

N/A

Applications must be received by 5:00 PM on May 15, 2023. Funding decisions may take up to 1 year.

Submissions via the AmpliFund Grant Management System: https://il.amplifund.com/Public/Opportunities/Details/f0178489-d3c1-46d8-b4de-5e5257528dca

Evaluation Criteria The following criteria will be used by the Department for evaluating and ranking grant applications. Each criterion indicates the weighting that will be given to that criterion. 1. Project need (20%): • Trail significance - the estimated users that will be attracted to the trail/trail site; will it have potential for interstate, State, regional or local importance • Geographic distribution – will the proposed project, considering the trail type and proposed users of the trail or site, be the first in the county, area, or region • Population served 2. Project concept and quality (55%): • Project type i. acquisition of land for new trails/trail sites ii. initial development of trails/trail sites iii. additional development of existing trails/trail sites; and iv. renovation of existing trails/trail facilities • Trail length • Diversity of trail use • Scenic quality of the trail corridor or the trail site • Availability of necessary amenities/support facilities, such as drinking water, restrooms and parking • Project sponsor maintenance capabilities and projects having the most long-term, stable management potential 3. Environmental suitability of the proposed trail/trail site (5%) 4. Local support for the proposed project (5%) 5. Local financial contribution (5%) 6. Overall program suitability (5%) 7. Applicant/Application factors (5%): Consideration is given to the applicant's past performance in completing Department grant projects or unresolved project violations, maintenance history of existing sites, and administrative considerations (such as application completeness and response time during the application process). Review and Selection Process All applications received on time and containing the information required by the application packet will be reviewed by IDNR staff. All complete, eligible and timely applications will be reviewed for evaluation and recommendation to the IDNR Director, who makes the final decision on awards. Merit-based Review Appeals Process In compliance with GATA, applicants have the right to appeal the evaluation process but not the evaluation score. More information is available at: http://ilga.gov/commission/JCAR/admincode/044/044070000D03500R.html

Each applicant will be notified by letter and/or email of the Director’s decision regarding whether their application will be recommendation for awarding. The full process can take up to 1 year.

Award cycle dates may vary

Funding decisions may take up to 1 year

Appeals pursuant To 44 Il Admin Code 7000.350

No cost extensions are allowed with prior approval for applicants that can demonstrate expenditure or obligation of grant project funds.

Provides up-to-50 percent project funding assistance on total approved project costs. The maximum grant award for development projects is limited to $200,000 per request. There is no grant limit established for acquisition projects.

Eligible project costs include linear corridor land acquisition costs and bicycle path development or renovation.

Status of project progress and spending must be reported to the IDNR Grant Administrator assigned to the project each January 1, April 1, July 1 and October 1 throughout the duration of project implementation (i.e., until the FINAL project billing is submitted to IDNR). The “Periodic Performance Report” and “Periodic Financial Report” forms are required under the Grant Accountability and Transparency Act. Failure to submit a required report will result in no reimbursement (for projects over $25,000.00) and may result in the local sponsor being placed on the statewide Stop Pay List (See 44 IL Admin Code 7000.80) Forms for reporting will be provided at the time a project is awarded. Upon project completion, the project sponsor must submit a certified project billing request (expenditure statement) listing/verifying all funds expended on the project for which grant reimbursement is sought, as well as required billing documentation, as follows: 1) ACQUISITION PROJECT: Proof of fair market value offer to seller for the property, copy of deed (Judgement Order in case of condemnation) showing ownership transferred to the local project sponsor, and copies of cancelled check(s) showing proof of payment to seller. 2) DEVELOPMENT PROJECTS: Copy of Construction As-Built drawings (no larger than 11" x 17"), copy of receipts/invoices for project costs, and copy of cancelled checks showing proof of payment. The sponsoring agency must permanently post a Bicycle Path Grant Program acknowledgement sign at the project site where grant assistance is involved. A final inspection and acceptance of the completed project must be made by a representative or agent of the Department prior to final payment of grant reimbursement to the local sponsoring agency. The grantee is required to submit the following reports: Periodic Performance Report (PPR) that describes the progress of the project, and the Periodic Financial Report (PFR) that documents expenditure of funds in accordance with the budget line items as detailed in the approved Uniform Budget.

Audit requirements per JCAR Title 44 Illinois Administrative Code 7000.90

All financial records on approved projects must be maintained and retained, in accordance with State laws, by the project sponsor for possible State audit after final reimbursement payment is made by the Department.

422-11-1077

TBD

The maximum grant award for development projects is limited to $200,000 per request. There is no grant limit established for acquisition projects.

Annual Reports for the Bike Path grant program can be provided by request.

JCAR Administrative Rules: TITLE 17: CONSERVATION CHAPTER I: DEPARTMENT OF NATURAL RESOURCES SUBCHAPTER g: GRANTS PART 3040 ILLINOIS BICYCLE PATH GRANT PROGRAM SECTION 3040.70 PROGRAM COMPLIANCE REQUIREMENTS http://www.ilga.gov/commission/jcar/admincode/017/017030400000700R.html

N/A

One Natural Resources Way Springfield, IL 62702

https://www2.illinois.gov/dnr/grants/Pages/BikePathProgram.aspx

Recreational Trails Program (RTP), Off-Highway Vehicles Program (OHV)

Projects vary from neighborhood parks, large community and county parks and nature areas.

3/16/2023

FY 2019 : $6,500,000
FY 2020 : $1,000,000
FY 2023 : $13,000,000