Natural Resources

Outdoor Recreation

Rule 301: Off-Highway Vehicle Recreation Grant Program

Effective Date: 06/23/2026

Admin. Code Reference: R650-301

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Rule or section number:

R650-301

Filing ID: 57931

Agency Information

1. Title catchline:

Natural Resources, Outdoor Recreation

Building:

Department of Natural Resources

Street address:

1594 W North Temple, Suite 100

City, state:

Salt Lake City, UT 84116

Contact persons:

Name:

Phone:

Email:

Morgan Smith

801-538-7246

morgansmith@utah.gov

Rachel Toker

385-303-1519

racheltoker@utah.gov

Please address questions regarding information on this notice to the persons listed above.

General Information

2. Rule or section catchline:

R650-301. Off-Highway Vehicle Recreation Grant Program

4. Purpose of the new rule or reason for the change:

This rule amendment was initiated in response to a constituent request to permit the backdating of eligible volunteer hours for up to 12 months preceding execution of a grant contract.

The amendment also removes designated grant application opening and closing dates to allow for greater administrative flexibility.

In addition, minor grammatical and technical revisions were made for clarity and consistency, without altering the substantive intent of this rule.

5. Summary of the new rule or change:

The amendment allows volunteer hours to be backdated up to 12 months prior to a grant contract at a constituent's request, removes fixed grant opening and closing dates, and includes minor grammatical revisions for clarity.

Fiscal Information

6. Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is no anticipated cost or savings to the state budget, as this rule is instructional in nature and will have no impact on how the Division of Outdoor Recreation functions or the regulated entities.

B. Local governments:

This rule change is not expected to have a fiscal impact on local governments' revenues or expenditures.

The amendments update existing practices without imposing new duties or costs.

Local governments already operate under the same funding structures and processes reflected in the amended rule.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have a fiscal impact on small businesses' revenues or expenditures.

The amendments only update language to reflect constituents' needs and do not introduce new fees, compliance requirements, or changes to funding opportunities that would affect small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

This rule change is not expected to have a fiscal impact on non-small businesses' revenues or expenditures.

The amendments update this rule without altering existing practices, fees, or eligibility standards that apply to non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have a fiscal impact on persons other than small businesses’, non-small businesses’, state, or local government entities’ revenues or expenditures because the changes to this rule only update existing practices without imposing new duties or costs.

Any grant-eligible entities already operate under the same funding structures and processes reflected in the amended rule.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons.

The amendments are instructional and clarify existing processes without creating new obligations or costs.

G. Regulatory Impact Summary Table (This table includes only fiscal impacts the agency was able to measure. If the agency could not estimate an impact, it is excluded from this table but described in boxes A through F.)

Regulatory Impact Summary Table

Fiscal Cost

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2026

FY2027

FY2028

FY2029

FY2030

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

H. Department head comments on fiscal impact and approval of regulatory impact analysis:

The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this regulatory impact analysis.

Citation Information

7. Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 41-22-19

Subsection 41-22-19 (1)(b)

Public Notice Information

9. The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

06/16/2026

10. This rule change MAY become effective on:

06/23/2026

NOTE: The date above is the date the agency anticipates making the rule or its changes effective. It is NOT the effective date.

Agency Authorization Information

Agency head or

designee and title:

Jason Curry, Director

Date:

05/06/2026

R650. Natural Resources, Outdoor Recreation.

R650-301. Off-Highway Vehicle Recreation Grant Program.

R650-301-1. Authority.

(1) This rule is established pursuant to Sections 41-22-1 and 41-22-19 and applies to the Off-Highway Vehicle Recreation Grant Program.

(2) This rule governs procedures for Off-Highway Vehicle Grant Program applications, eligibility, project selection, and reporting and reimbursement requirements.

R650-301-2. Definitions.

In addition to the terms defined in Section 41-22-2:

(1) "Director" means the Director of the Division of Outdoor Recreation.

(2) "Executive Director" means the Executive Director of the Department of Natural Resources.

(3)(a) "Off-Highway Vehicle Access Protection," as used in Section 41-22-19 and this rule, includes:

(i) efforts by a county or municipality to document the existence of public rights of way under Section 72-5-104;

(ii) litigation or other legal advocacy to protect existing public lands access for off-highway vehicles; or

(iii) other efforts that further the interests of preserving existing off-highway vehicle access on Utah's public lands.

(b) "Off-Highway Vehicle Access Protection," as used in Section 41-22-19 and this rule, does not mean lobbying or other political advocacy.

(4) "In-kind contribution" means labor, equipment use, materials, supplies, or other costs that the grant contract provides a grant recipient may contribute toward the total cost of a grant project, including:

(a) labor costs, the value of which are calculated at the rate equal to Independent Sector.org;

(b) equipment use, the value of which is calculated at an hourly rate set out in the grant contract for each piece of equipment used; or

(c) materials or supplies, the value of which are calculated based on the fair-market value of the materials or supplies provided as set out in the grant contract.

R650-301-3. Grant Application Form and Submission Procedure.

(1) The Division shall provide a grant application form which shall be posted on the Division's website and contain the following content:

(a) grant application submission instructions;

(b) grants available for application;

(d) instructions regarding submission of a project description, including submission of a description of a project timeline;

(e) instructions for providing an outlined budget for total project costs;

(f) instructions for providing an explanation of funding already procured for the project;

(g) instructions for providing an itemized budget showing the planned use of any granted funds;

(h) identification of documents and information the Division determines are necessary for its verification and review of the application; and

(i) the weighted scoring system set out in Section R650-301-7.

(2) The Division shall supply a paper application to any person or entity requesting a paper application.

(3)(a) Applicants shall submit completed grant applications to the Division by no later than 5 p.m. [on March 31 and July 31]twice a year

on the deadline to be specified by the Division, except for applications for grant funds for land acquisition, which applicants may submit to the

Division anytime during the fiscal year.

(b) The Division may change the deadlines in Subsection (3)(a) annually[should the deadlines fall on a weekend or State or Federal

holiday].

(d) The Division shall publish on the application website, and in grant program materials, the deadline by which an applicant shall submit a grant application to receive early review.

(e) The Division shall review a final application for completeness and shall verify the application meets the requirements set out in Section 41-22-19 and this rule.

R650-301-4. Eligible Entities.

Grants may be awarded only to the following entities within the state:

(1) Federal government agencies;

(2) Utah State agencies;

(3) Political subdivisions of the State; and

(4) Organized user groups as defined in Subsection 41-22-2(17).

R650-301-5. Off-Highway Vehicle Recreation Grant Project Eligibility Criteria.

(1) Except as provided in this rule, all granted funds require matching funding from the grant recipient.

(2) A grant recipient's matching funding may be in the form of cash, or donations of land from a third party, or in-kind contributions when land is exclusively used for the proposed project.

(3)(a) Only labor hours spent directly advancing the proposed project may be used as a grant recipient's match.

(b) A grant recipient shall obtain the Division's approval of all labor hours proposed for use as the grant recipient's match before the grant recipient expends any labor hours on the proposed project.

(i) Volunteer hourly in-kind contributions may be counted as matching funds if they occur within 12 months before execution of a

contract, provided the work is directly correlated with and proximate to the project scope described in the application, in the sole discretion of the

Utah Division of Outdoor Recreation.

(4) Granted funds may be used:

(a) for the construction, improvement, operation, acquisition, or maintenance of publicly owned or administered Off-Highway Vehicle facilities, including Off-Highway Vehicle trails and public access facilities;

(b) for the mitigation of impacts associated with Off-Highway Vehicle use;

(d) for Off-Highway Vehicle Access Protection;

(e) to support Off-Highway Vehicle search and rescue activities and programs;

(f) to promote and encourage Off-Highway Vehicle tourism; or

(g) for other uses that further the policy set forth in Section 41-22-1.

R650-301-6. Off-Highway Vehicle Access Protection Grants.

(1) Granted funds for Access Protection may be used:

(a) for projects that further the interest of preserving existing off-highway vehicle access on Utah's public lands;

(b) for projects that further the efforts of Utah counties or Utah municipalities to document the existence of public rights of way under Section 72-5-104; or

(c) if the project is one that includes costs related to litigation or other legal work, for a project where the Division, at [is]its sole discretion,

determines:

(i) that the Access Protection litigation or legal work is not unnecessarily duplicative of other Access Protection litigation or legal work already being undertaken, or that is expected to be undertaken, by another state agency or political subdivision;

(ii) that the Access Protection litigation or other legal work does not conflict with other Access Protection litigation or other legal work currently being undertaken, or that is expected to be undertaken, by another state agency or political subdivision; and

(iii) that the granted funds, when combined with the grant recipient's match, will be sufficient to produce a deliverable product that substantially advances the interests of Access Protection.

(2) No granted funds may be used:

(a) to bring suit, or assert any claim, against private landowners or any Utah State agency or political subdivision;

(b) for overhead expenses; or

R650-301-7. Method And Formula for Determining Grant Recipients.

(1) The Division shall:

(a) use a weighted scoring system to enable the Advisory Council to analyze, advise, and recommend grants for award and grant amounts; and

(b) make the scoring system available in the grant application.

(2) The scoring system shall assess and value various categories, including whether the proposed project will:

(a) fit within at least one of the categories described in Subsection R650-301-5(4);

(b) use granted funds in a manner considered reasonable and necessary as determined by a submitted budget or past project performance that demonstrates the applicant's fiscal integrity;

(c) offer partnerships and cooperative efforts for the project among agencies and users, including opportunities for cooperative funding;

(d) be in a location that offers convenient proximity and access to users or has the potential to link with existing off-highway vehicle facilities;

(e) have the potential for multiple-season use or uses available to multiple user groups; or

(f) have a higher percentage of matching cash funding from the applicant.

(3) The Advisory Council shall, upon receipt of a grant application from the Division:

(a) review and consider the grant application; and

(b) recommend to the Division whether granted funds should be awarded based on the comprehensive scoring system identified in the grant application and according to the percentages outlined in Subsections R650-301-5(7)(b)(i) through (v):

(i) Trail work and acquisition, a minimum of 49%;

(ii) Search and rescue, a maximum of 23%;

(iii) Education and Access Protection, a maximum of 15%;

(iv) Snowmobile, a maximum of 10%; and

(v) OHV tourism promotion, a maximum of 3%.

(4) The Director and Executive Director shall select and approve grant applications based on the weighted scoring system identified in the grant application, taking into consideration recommendations from Division staff and the Advisory Council, which may be in the form of joint or separate recommendations.

(5) Within two weeks of the Director's and Executive Director's approvals, the Division shall notify applicants of the final decision on the applicant's grant application.

(6) The Division shall inform successful applicants of the expected contractual requirements.

(7) The Division shall inform unsuccessful applicants that their application was not successful.

(8) The Division shall inform the Commission of grants selected for award.

R650-301-8. Reporting and Reimbursement Cooperation Requirements.

(1) Grant recipients shall provide any financial records related to the grant project upon the Division's request.

(2) Grant recipients shall provide the Division with progress reports until the project is complete.

(3) Grant recipients shall provide to the Division a description and an itemized report detailing the expenditure of granted funds or the intended expenditure of any unspent granted funds.

(4) The reports referenced in Subsections (2) and (3) shall be provided at least annually.

(5) Grant recipients shall submit a final report no later than 60 days after the grant contract has expired.

(6) The final report shall clearly demonstrate, and provide assurances, that all granted funds disbursed to the grant recipient have been used for the purposes specified in the grant recipient's grant application and grant contract.

(7) To request reimbursement for approved expenditures, grant recipients shall submit the following documentation to the Division:

(a) a reimbursement request on a form provided by the Division;

(b) copies of all invoices and evidence of payment, such as checks, bank statements, or receipts, as well as records of volunteer labor or other in-kind donations for work completed on the project;

(d) a final report with the description of the project and any other information requested by the Division; and

(e) any other documentation the Division deems necessary to ensure compliance with the grant contract.

(8) If granted funds have been expended within the state fiscal year (July-June), the reimbursement request referenced in Subsection (7)(a) shall be submitted to the state by June 15.

(9)(a) The Division shall provide an upfront grant pursuant to the Subsection 41-22-19(2)(b) when:

(i) an entity eligible to receive an upfront grant submits to the Division a plan for a project or program consistent with a use described in Subsection 41-22-19(1)(b); and

(ii) the entity complies with all other requirements of this rule, including all application, contracting, matching, and reporting requirements.

(b)(i) At its sole discretion, the Division may, before a project's completion, advance granted funds to a grant recipient that is not an entity described in Subsection 41-22-19(2)(b) but otherwise is an eligible entity under Section R650-301-4. At its sole discretion, the Division may advance

no more than 75% of granted funds to the grant recipient before the project's completion if the grant recipient demonstrates it does not have the financial ability to pay project expenses during the contract period.

(ii) The Division shall advance funding in increments of 25% of the total amount of granted funds, or a higher percentage at the discretion of the Division.

(iii) [if]If a grant recipient requests an advance payment of granted funds, the Division may, at its discretion, provide an initial advance of

25% of the total award upon execution of the grant contract. The Division may approve a higher percentage for the initial advance at its discretion.

(iv) The Division may, at its discretion, advance additional increments of 25% of the total award amount, or a higher percentage, up to 100% of the total award. Each subsequent advance shall be contingent upon receipt of a progress report from a grant recipient demonstrating satisfactory level of completion of the portion of the project for which the Division provided any prior increments of advance funding.

(d) If the Division awards the grant, the grant recipient may request advance granted funds from the Division, outlining the need and expected use of the advanced granted funds for project costs incurred over three months.

(e) If the Division advances granted funds, the grant recipient shall, in addition to the reporting requirements set out in Subsection (9), provide a progress report and an accounting of all project expenditures pursuant to timelines set out by the Division in the grant contract.

(f) The grant contract shall provide any additional conditions that a grant recipient shall fulfill to receive advance granted funds, as well as any continuing obligations, including documentation requirements, that the grant recipient shall fulfill if advanced granted funds are received.

(10) Unless approved for an advance of granted funds pursuant to Subsection (9), the Division shall provide the balance of granted funds to the grant recipient after the completion of the project and only after a final accounting of total project costs that details the expenditure of all granted funds or the intended cost of any unspent advanced granted funds.

(11) All project expenditures shall occur during the contract period.

(12) The Division may not provide the grant recipient with any granted funds for costs accrued before or after the contract period.

(13) A grant recipient shall submit documentation for reimbursement within 60 days following the contract expiration, provided that the grant recipient incurred the expense during the contract period.

(14) The grant recipient shall provide a description and an itemized report detailing the expenditure of all granted funds expended during the contract period.

(15) The grant recipient shall return to the Division any advanced granted funds not spent on the project.

R650-301-9. Modifications [To]to the Original Contracts.

Modifications to an original grant contract may be made only by subsequent, written amendment, approved by the associate Division Director and the Director, and signed by all parties to the original grant contract, or their assigns or successors in interest.

KEY: outdoor recreation grants, off-highway vehicles, OHV

Date of Last Change: 2026[November 24, 2025]

Authorizing, and Implemented or Interpreted Law: 41-22-19

!--dar--