Acquisition and development of public boat and canoe access areas on waters of the state by local units of government through competitive reimbursement grants.

N/A

The BAAD grant program is authorized by and implements the Civil Administrative Code, Section 805-325 (20 ILCS 805/805-325), and THE BOAT REGISTRATION AND SAFETY ACT, SECTION 10-1 (625 ILCS 45/10-1) and is administered in accordance with 17 IL Adm. Code 3035.

20 ILCS 805/805-70 20 ILCS 805/805-325

Provides financial assistance to local government agencies for the acquisition, construction and expansion/rehabilitation, including necessary A/E services, of public boat and canoe access areas on Illinois' lakes and rivers. Must be open and available for general public use.

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 and provide access to the surface waters of the State. 28.2 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. 28.3 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. 28.4 The Grantee must comply with and abide by the following operation and maintenance provisions (17 Ill. Adm. Code 3035.70): 1) All lands and facilities assisted with Boat Access Area Development (BAAD) funds shall be continuously operated and maintained by the Grantee at no cost to the Department and shall be operated and utilized in a manner that maximizes the intended benefits to and for the general public. 2) IDNR shall have access to OSLAD-assisted facilities at all times for inspection purposes to ensure the Grantee's continued compliance with this Part. 3) No improvements, alterations or modifications of these facilities shall be permitted except with the prior approval in writing by the Department. Approval will be given by the Department if the improvements, alterations or modifications comply with the criteria in Section 3035.50. 4) Boats with gasoline or diesel motors shall not be prohibited from using any facility funded through State Boating Act Funds to launch and recover unless the facility is a designated canoe launch facility as approved by the Department. 28.5 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. 28.6 The Local Agency shall agree to display a Boat Access Area Development grant program sign provided by the Department at the project site for the period of time indicated in clause 28.8. The Local Agency may substitute a comparable sign of its own design if approved by the Department. 28.7 50% of the labor hours on the project must be performed by actual residents of the State of Illinois (20 ILCS 805/805-350). 28.8 Any property acquired or developed through assistance from the Illinois BAAD 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. 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 BAAD funds expended on the project (17 Ill. Adm. Code 3025.70): Total Grant Award Time Period After Final Billing $1 to $25,000 7 years $25,001 to $100,000 12 years $100,000 to $200,000 17 years Land acquired with funding assistance from the BAAD program shall be operated and maintained in perpetuity for public outdoor recreation use. 28.9 Property acquired or developed with BAAD 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 3025.70). 28.10 For projects receiving acquisition assistance, an appraisal must be provided by the Grantee and submitted to IDNR for review and certification to establish the property's market value. The appraisal must be completed to IDNR specifications (17 Ill. Adm. Code 3035.70). 28.11 For projects receiving development assistance, the Grantee must possess either fee simple title or other means of legal control and tenure (easement, lease, etc.) over the property being improved for a period of time commensurate with the program amortization schedule shown in the administrative rules, unless otherwise approved by IDNR. The IDNR 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. The Grantee must also adhere to applicable local bidding and procurement requirements (17 Ill. Adm. Code 3035.70). 28.12 The Grantee must comply with and abide by the following operation and maintenance provisions (17 Ill. Adm. Code 3025.70): 1) All lands and facilities assisted with BAAD funds shall be continuously operated and maintained by the Grantee in a safe and attractive manner at no cost to IDNR and be operated and utilized in such a manner as to maximize the intended benefits to and for the public. 2) IDNR shall have access to BAAD-assisted facilities at all times for inspection purposes to ensure the Grantee's continued compliance with this Part. 3) 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. 28.13 Any deviation or conversion of the project site(s) from public BAAD recreation use without IDNR 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. 28.14 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. 28.15 No assignment of grant provisions or duties is allowed. 28.16 All facilities constructed with state BAAD 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). 28.17 It is agreed and understood by the Grantee that an IDNR representative shall have access to the project site to make periodic inspections as work progresses. It is further agreed and understood by the Grantee that IDNR reserves the right to inspect the completed project prior to project acceptance and grant reimbursement to the Grantee. 28.18 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.

Government Organizations;

Local Agencies eligible for assistance under this grant program include municipalities, townships, counties, park districts, conservancy districts and port districts, or any other local government agencies capable of providing lands for public recreational purposes. Only projects that provide access to public bodies of water as defined by IL Administrative Code Section 3704.Appendix A are eligible for assistance under this grant program. Projects that would provide access to any body of water that is privately owned partially or as a whole is not eligible under this grant program.

N/A

Project Grants

Quality of Natural, Cultural, and Environmental Resources

N/A

Completed applications must be submitted through the AmpliFund Grant Management System by 5:00pm on May 15, 2023. Funding decisions may take up to 1 year.

Submission via the AmpliFund Grant Management System: https://il.amplifund.com/Public/Opportunities/Details/77163730-c58a-42ad-914c-e7afd3a20bb8

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. • Financial Cooperation - financial participation by the Local Agency. • Projected Usage - demand for and anticipated usage of the proposed facility. • Impact on Business - impact on privately owned boating related business in the area. • Site Suitability - site related conditions and design features relating to the proposed development grant. • Program Suitability - is the proposed project in line with the overall purpose of the grant program? • Ability to Maintain - capability of the applicant to operate and maintain the facility. • User Fees - are user fees being charged; are they fair and equal; are charges the same for residents and non-residents of sponsor's jurisdiction? • Cost/Benefit Assessment and User Input Justification - is project justified by local plan or user study reflecting public input and anticipated use level? • Water Body Served - priority given to providing boater access to major bodies of water in Illinois. • Current Access Availability - initial access to body of water given priority. Review and Selection Process All applications received on time and containing the information required by the application packet will be reviewed by IDNR staff. Incomplete applications will be discussed with the applicant for completion and resubmittal. Submitting an incomplete application does not extend the application deadline beyond the designated deadline date. All complete, eligible and timely applications will be reviewed for evaluation and recommendation to the IDNR Director, who makes the final decision on awards. The Department will not consider a project application from a local agency for BAAD assistance when there exists an outstanding known violation or program non-compliance at that locality with respect to a prior DNR grant project or other DNR program (e.g., Office of Water Resources permit violation). 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 recommended 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 without prior DNR approval.

Grant awards are limited to a $200,000 annual maximum per project.

Eligible project activities include water frontage land acquisition for public access areas and new construction or renovation of boating related facilities (ramps, docks, parking areas, access roads, restrooms, security lighting, etc.). In general, Boat Access assistance is not available for work that constitutes repairs, maintenance or remodeling of a limited nature or scope. The following are operating or other types of expenditures that are not considered eligible capital expenditures: • Projects not on a public body of water as defined by IL Administrative Code Section 3704.Appendix A or fully publicly-owned • Projects not open to the general public • Costs of repairs or maintenance that are normally anticipated to occur • Operational and administrative expenses • Purchase of vehicles or construction equipment • Dredging not part of initial development • Development of areas that do not include a water access point

Financial reporting will include complete documentation of all funds including matching funds spent in the undertaking of the project and interest earned on advanced payments. • Performance Progress Reporting: The grantee shall be required to provide reporting of its activities under this project. The IDNR may withhold or suspend payment if the grantee fails to submit the required reports. The following reports are required under this Agreement and the forms are provided in the Implementation and Billing Packet that will be received upon award. • Quarterly Progress Reports: The grantee is required to provide to the IDNR quarterly progress reports that describe the progress of the project and expenditures of funds according to the budget line items as detailed in the approved Uniform Application for State Grant Assistance. The Quarterly Progress Report will be due as follows: • Quarterly Progress Report Due By: o April 1 | July 1 | October 1 | January 1

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.

422-11-1095

TBD

Maximum grant assistance for any one project per grant cycle is limited to $200,000 for power boat access facilities and $80,000 for non-motorized, canoe and other small boat launch facilities.

Financial Assistance up to 100% of eligible project construction costs and 90% of eligible project land acquisition costs can be provided through this program. Maximum grant award to any one project in a given year is $200,000 for motorized boat launch facilities and $80,000 for non-motorized/canoe launch facilities.

The BAAD grant program is authorized by and implements the Civil Administrative Code, Section 805-325 (20 ILCS 805/805-325), and THE BOAT REGISTRATION AND SAFETY ACT, SECTION 10-1 (625 ILCS 45/10-1) and is administered in accordance with 17 IL Adm. Code 3035. Funds for the program are derived from a portion of the revenue received under provisions of "The State Boating Act Fund". The primary source of revenue for this fund is Marine Motor Fuel Tax, but also includes funds received from boat and canoe registration fees and fines. Each fiscal year, the General Assembly appropriates funds for the BAAD program to the Department of Natural Resources for allocation to local agency projects through a competitive grant process based upon written applications.

N/A

One Natural Resources Way Springfield, IL 62702

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

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

Grant assistance may be obtained for any of the following boat/canoe access area components: • Development or renovation costs for: o Boat launching ramp(s) and adjacent car/trailer maneuvering area o Parking area to serve ramp users o Access Road to the ramp, that shall be limited to a reasonable distance (usually no more than 1/4 mile) from an existing public road o Potable water supply and restroom facilities where necessary and cost effective o Initial channel improvements where necessary to facilitate launch ramp usage (Subsequent maintenance and dredging shall be the responsibility of the local governmental agency) o Security lighting where necessary and cost effective. (Operating costs shall be borne by the local agency.) See Section VI, item 3(j) on page 13 regarding requirements for burying overhead utility lines at BAAD-assisted sites o Walkways connecting a ramp with adjacent parking lot, docks, restrooms, etc. o Courtesy docks for temporary tie up of boats not to exceed approximately 10% of the capacity of the parking area. Must be directly adjacent to a watercraft access point such as a ramp or canoe launch o Marine sanitary disposal stations o Docks to support gas pumps/fueling facilities o Other boating related facilities as deemed appropriate by DNR (considered on a case-by- case basis) o Architectural/engineering services deemed necessary, up to a maximum of 15.25% of total construction costs, for the proper design and construction supervision of an approved BAAD construction project • Land acquisition costs (fee simple title or permanent easement), including required appraisal fees, associated with securing land necessary to develop a basic boat/canoe access area on public waters of the state. Land acquisition from another public agency, except public school districts, is ineligible for BAAD assistance. Grant assistance for land acquisition is limited to no more than 90% reimbursement of the property's Fair Market Value (FMV) as approved by the DNR, but in no case shall grant reimbursement exceed actual local agency cash payment for the land as in the event of a bargain sale/donation. In general, BAAD assistance will not be provided for the following types of projects: • Projects on a body of water not defined as Public. (See “Public Bodies of Water) • Projects which are primarily maintenance related • Dredging of any kind beyond that which may be required for initial channel improvements at the time of ramp construction • Docks that provide permanent berthing space in a marina • Fueling pumps, tanks, etc. • Facilities not available for general public use • Projects that would provide access to privately-owned bodies of water or bodies of water not included in IL Admin Code 3704.Appendix A • Projects on sites that do not include a boat launch facility such as a ramp or canoe launch NOTE: Application cannot be made for both acquisition assistance and development assistance of a project site in the SAME grant cycle.

3/15/2023

FY 2019 : $667,720
FY 2020 : $725,000
FY 2021 : $725,000
FY 2022 : $725,000
FY 2023 : $1,000,000