Chapter 2

Trust Fund Administration

 

Section 1.  Authority.  These rules are promulgated pursuant to W.S. 36-4-204(f).

 

Section 2.  Competitive Grants.

 

(a) The Board shall accept applications for competitive grants through forms established by the Board or other means it prescribes.

 

(b) Initial Application Review

 

(i) The Board's competitive grant application process shall include an initial application review process to promote efficiency in the review of submissions, provide applicants with preliminary guidance on program alignment, ensure transparency and fairness in access to funds, and conserve resources for both applicants and the Board.

 

(ii) The Board aims to integrate socioeconomic, cultural, and natural and wildlife resource conservation while promoting sustainable outdoor recreation infrastructure development. An initial application shall show documentation of:

 

(A) Evaluation of socioeconomic impacts by area local government entities.

 

(B) Evaluation of compatibility with area destination management plans by area destination marketing organizations (DMO). DMO means an organization designated by a government entity, the Eastern Shoshone or Northern Arapaho tribes, or the cooperative tribal governing body, to promote travel and tourism within an area.

 

(C) Evaluation of potential impacts to fish and wildlife and their habitats; consistency with existing agency regulations, approved management plans, and conservation priorities by the Wyoming Game and Fish Department (WGFD) or, for projects on the Wind River Indian Reservation, the Eastern Shoshone and Northern Arapaho Tribal Fish and Game Department.

 

(D) Evaluation of impacts to cultural resources by the State Historic Preservation Office (SHPO) or, for projects on the Wind River Indian Reservation, the Tribal Historic Preservation Office (THPO).

 

(iii) Whenever issues are identified, the applicant shall demonstrate all alterations undertaken to avoid, minimize, or mitigate project impacts. Such measures may include design modifications, seasonal restrictions, or restoration efforts, as identified by relevant area governmental entities, DMOs, the WGFD or the Eastern Shoshone and Northern Arapaho Tribal Fish and Game Department, or the SHPO or THPO.

 

(iv) The Board shall, at its sole discretion, determine which grants should move beyond the initial application review process.

 

(c) Final Application Review

 

(i) Applicants advancing beyond the initial application review stage shall permit access to project areas and provide reasonable logistical support to facilitate site visits conducted by Board members, Department of State Parks and Cultural Resources staff, or other qualified evaluators designated by the Board (e.g., DMOs, local game and fish managers, etc.).

 

(ii) The Board shall rank and approve or reject applications according to the criteria herein.

 

(d) The Board may fund multi-year projects provided that annual evaluations of progress toward project goals are submitted and accepted by the Board. No commitment may exceed three (3) years without formal action by the Board.

 

Section 3.  Non-Competitive Micro-Grants.

 

(a) The Board shall accept applications for non-competitive micro-grants through forms established by the Board or other means it prescribes.

 

(b) The Board may annually allocate funds through micro projects to eligible applicants upon proper application.

 

(c) The Board may approve micro-grants at any public meeting provided the total allocation does not constitute more than two percent (2%) of the total funds allocated for projects in any given year.

 

Section 4.  Grant Criteria.

 

(a) To be eligible for grant funding, a project shall:

 

(i) Support the planning, design, improvement, construction, or maintenance of existing or new outdoor recreation infrastructure;

 

(ii) Enhance public access to Wyoming's outdoor recreation areas, including through acquisition of access easements;

 

(iii) Demonstrate a local need and a strong likelihood of sustained community involvement and support;

 

(iv) Provide formal approval from the appropriate land management agency or official;

 

(v) Identify matching contributions, whether financial or in-kind, that will be secured and available during the grant award period;

 

(vi) Deliver long-term benefits to outdoor recreation and tourism opportunities; and

 

(vii) Remain compatible with the conservation of cultural, natural, and wildlife resources while promoting socioeconomic benefits.

 

Section 5. Matching Funds and In-Kind Contributions.

 

(a) The Board may require matching contributions, including monetary and in-kind support, or any combination thereof, for project approval.

 

(b) In-kind contributions may include donated services, equipment, supplies, or other commodities; volunteer labor; or the value of donated private property or access easements.

 

(c) The type, form, and amount of matching contribution will be determined by the Board during the grant evaluation, ranking, and prioritization process.

 

Section 6. Review and Monitoring.

 

(a) Each grantee shall submit an annual written progress report to the Board summarizing project milestones, expenditures, and any barriers encountered.

 

(b) Each grantee shall submit a final project report to the Board within ninety (90) calendar days of project completion and shall include financial documentation, photographs, and a certification of compliance with Board-approved project scope and requirements.

(c) The project and budget requirements, including allowable modifications or adjustments, and the specific deadline for project reports will be identified in the project contractual agreement.

 

(d) The Board may conduct on-site inspections before, during, and after construction to verify compliance with approved project plans. Grantees shall retain financial and project records for a minimum of seven (7) years from project completion and provide them to the Board upon request for audit or compliance review.

 

(e) Failure to meet reporting, monitoring, or review requirements may result in suspension of payments, recovery of funds, or ineligibility for future grants.

 

(f) Time spent preparing reports or fulfilling review and monitoring obligations is not eligible as match or for reimbursement.

 

Section 7. Contributions, Grants, Gifts, Bequests, Transfers, and Donations.

 

(a) The Board may accept contributions, grants, gifts, bequests, transfers, or donations if it determines acceptance would:

 

(i) Advance the purposes of the Outdoor Recreation and Tourism Trust Fund;

 

(ii) Align with the Board's priorities; and

 

(iii) Do not impose unlawful conditions, disproportionate expenditures, or unreasonable liabilities.

 

(b) In making such a determination, the Board shall consider whether:

 

(i) The contribution can be administered and maintained without creating undue burden;

 

(ii) Acceptance complies with all applicable state and federal legal and tax requirements; and

 

(iii) Acceptance preserves the integrity, independence, and credibility of the Board and the Fund.

 

(c) The Board shall conduct due diligence appropriate to the contribution and memorialize the contribution by written agreement.