COMMONWEALTH OF PENNSYLVANIA

Department of Conservation and Natural Resources

Revised: 1/6/2011 2:00 PM

Bureau of Recreation and Conservation (BRC) Administrative Policy/Grant Guidelines

SUBJECT: Grant Administration and Acquisition Process

EFFECTIVE DATE: December 15, 2009

REVISED: 12/27/10, 01/04/12, 1/06/12

BACKGROUND: DCNR follows a standard process for managing acquisition grant projects. The policy below details this standard process.

POLICY:

A.  Summary of Standard Grant Project Administrative Steps:

·  Grant award letter from Department

·  Call from the Bureau Project Manager to Grantee’s Project Coordinator to verify grant application information prior to preparation of grant agreement

·  Part 1 letter from Bureau Project Manager

·  One-on-one meeting or conference call with Bureau Project Manager if requested by Bureau or grantee.

·  Bureau preparation and execution of grant agreement (simultaneous with other steps)

·  Grantee responds to items listed in Part 1 letter

·  Part 2 letter from Bureau Project Manager addressing items received and will give approval to proceed as long as everything is satisfactory.

·  Purchase of property/easement (settlement)

·  Submittal to the Bureau of required documents (listed in Part 1 and Part 2 letters) and request for final grant payment

·  Bureau review of documentation and authorization of final grant payment

Note: If a Waiver of Retroactivity was received or the project is in advanced stages with DCNR knowledge for the project, normally the Part 1 letter and Part 2 letter will be combined.

Grant Award Letter:

Purpose: The purpose of the grant award letter is official notification to the C2P2 grant applicant they have been awarded a C2P2 grant and give a brief introduction to the grant process.

Part 1 Letter:

Time Frame: Normally completed 4 -5 weeks following grant award announcement.

Purpose: The purpose of the Part 1 letter is to introduce the Bureau’s Project Manager, provide a packet of information and procedures titled “Grant Administration and Acquisition Process”, establish or waive, the One on One Meeting/Conference Call, list items to be provided or addressed and provide appropriate payment request forms.

1)  Explain which method is selected for the grantee: 1). a one-on-one meeting or 2). conference call or 3). waived due to grantee’s prior experience in the C2P2 Grant Program

2)  Provide “DCNR” non-conversion language for deeds and easements.

3)  List of items to be addressed or submitted to the Bureau to continue the grant process.

a)  Second appraisal. Ordered by and prepared for the grantee by a different state certified General Real Estate Appraiser. (The second appraisal may be waived at the Department’s discretion if the awarded grant is a small percentage of the total appraised value of the acquisition or easement.) Upon receipt of the second appraisal, the land value estimate for the project will be determined based on a review of two appraisals by the Bureau Project Manager.

b)  Survey or subdivision plat that shows the property boundary bearings and distances (metes and bounds) for all the property or easement acquired under the grant project, showing all easements and rights-of-ways of record and includes a calculation of acreage. This is an on the ground survey that is performed by a PA Registered Land Surveyor to include their seal, signature and is acknowledged to be true and correct to the best of their knowledge.

c)  Copy of draft agreement of sale and draft deed if applicable.

d)  Copy of draft easement, if applicable.

e)  Phase I Environmental Assessment report, if required. Past use of the property may necessitate a Phase I Environmental Assessment.

f)  Copy of PNDI receipt and record of further actions, correspondence, clearances or conservation measures as applicable.

g)  Title Search and Title Insurance: Appraisals need to clearly indicate the spectrum of interests/rights appraised. The inclusion or exclusion of rights appraised including but not limited to surface, mineral (coal and hard mineral), oil and gas, wind, timber, etc. needs to be clearly disclosed. A title search and title insurance will be required prior to project completion and closeout. Grantees are strongly encouraged to complete this prior to the appraisal being ordered and conducted.

h)  Miscellaneous items such as future disposition or use of existing buildings and/or future plans for any agricultural activity on the property or easement. May also address who will ultimately hold title to the land if someone other than grantee.

4)  Provide the Grantee with the appropriate payment request forms.

a)  Provide the Grantee with an Advanced Payment Request Form (for a non-profit) or a Partial Payment Request Form (for a municipality) to request 50% of the grant amount.

b)  Project Coordinator should fill out, sign and return appropriate payment forms. This enables the Comptroller to easily recognize the signature as original. Payment forms listed above should be mailed separate of other correspondence and addressed to the Bureau Fiscal Unit for processing. Direct questions on status of grant agreement or payments to:

Fiscal Unit – phone number: (717) 783-2656 or email: .

c)  Grantee should also be advised of the payment procedure specific to the grant (i.e. Land & Water Conservation Fund) and any interest income requirements for the specific grant funding sources.

One-on-One Meeting/Conference Call;

Time Frame: Meeting held 3-4 weeks after Part 1 Letters are mailed.

Purpose: The purpose of the One on One Meeting/Conference Call is to meet with the Grantee to discuss any questions regarding the “Grant Administration and Acquisition Process ” attachment with the Part 1 Letter, to review the project in more detail so the Project Manager has a complete understanding of the project and to review the specific details pertinent to the grant funding source.

1.  Bureau Project Manager shall schedule either several meetings with Grantees over one or two days, as practicable, near Harrisburg at a Commonwealth owned facility, such as the Bureau of Topographic and Geologic Survey or conference calls as the situation warrants.

2.  Bureau Project Manager shall have the file and blank contract for reference.

3.  Bureau Project Manager and Grantee shall discuss the specific project, questions on “Grant Administration and Acquisition Process ” and items peculiar to the specific grant funding source.

The Bureau Project Manager can waive the one-on-one meeting/conference call if the Grantee is experienced with the C2P2 Grant Program and the Bureau Project Manager understands the project. Specific questions the Bureau Project Manager may have can be clarified by a conference call.

Approval to Proceed:

Upon review of draft documents the Bureau Project Manager will give written approval to proceed with the transaction. Also, the Grantee shall not proceed with the execution of any agreement of sale, easement or deed without an executed Grant Agreement. The review of the documents and approval to proceed helps ensure that no restrictive covenants or conditions that conflict with the grant are included in the document and that the appropriate “DCNR” non-conversion language is included in the deed or easement.

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Unless the Grantee has received a written Waiver of Retroactivity, the Grantee will not receive approval to proceed with the purchase of land or easement until they have performed the following:

·  The Grantee attended a “one on one meeting or conference call if requested by the Bureau.

·  The Grantee received a fully executed grant agreement from the Bureau.

·  The Grantee responded to all items requested in the Part 1 letter.

·  The Grantee received approval of draft easement, draft deed or draft agreement of sale, as applicable.

Note: To emphasize, all proposed easement agreements and agreements of sale must be reviewed and approved by the Bureau before proceeding with the execution of the agreement.

Part 2 Letter:

Time Frame: Letter mailed within 3 weeks of approval of deed or easement and receipt of items requested in Part 1 Letter.

Purpose: The purpose of the Part 2 letter is to confirm the receipt of the items requested in the Part 1 Letter, authorize the Grantee to proceed with acquisition of the deed or easement, confirm number of acres and purchase price of the property/easement to be acquired, explain limitations on the grant money, list items required to successfully close out the project and provide the appropriate Payment Request Form.

1)  Payment Request Forms

a)  When settlement has been scheduled a Partial Grant Payment up to 90% of the eligible grant amount may be requested by the Grantee and the Partial Payment Request Form is attached to the Part 2 Letter.

  • Mail Partial Payment Form to the Fiscal Unit with a cover letter notifying the Bureau of the actual settlement day or proposed timeframe for settlement (ex. end of October 2012).
  • 10% of the grant amount is withheld in the event of an under run and to ensure all items requested in the Part 1 and Part 2 letters have been submitted.

b)  If a settlement will occur shortly after the Grantee receives the approval to proceed, provide the Grantee with a Final Payment Request Form.

2)  List of items required to successfully closeout the project.

a)  Copy of recorded deed or easement containing DCNR conversion language.

b)  Settlement statement.

c)  Remaining items from Part 1 Letter.

d)  Final Payment Request Form signed by Project Coordinator. This is the only payment request form that is mailed to the Bureau Project Manager.

Settlement and Bureau Review of Settlement Documents and Final Payment Request:

Time Frame: Review documents and Final Payment Request within 3 weeks of receipt.

Purpose: The purpose of the review is to ensure all information regarding the settlement and final payment are submitted by the Grantee. The review of the settlement documents and items required in the Part 1 & 2 Letters for completeness allows the Bureau Project Manager to sign the final payment request form and close out the project.

1)  Review Settlement Documents and Outstanding Items from Part 1& 2 Letters.

a)  Copy of recorded deed or easement containing DCNR conversion language. Note: If the deed does not contain the DCNR conversion language, the Grantee must obtain and forward a recorded copy of a Corrective Deed.)

b)  Settlement statement (if one was used for the transaction)

c)  Remaining items from Part 1 Letter.

d)  Signed Final Payment Request Form.

2)  Authorize Final Payment.

a)  If the Bureau Project Manager has all items required, they will complete and sign the Final Payment Request Form and forward to the Fiscal Unit for Processing.

b)  Bureau Project Manager will organize file according to the Grant Project File Folders – Filing Procedures and note final payment in the data base.

c)  Once the final payment is mailed, the project is closed out (file is moved to archives and project in the data base is marked closed.

B. OTHER ISSUES:

Bureau Project Manager:

The Bureau’s Project Manager will be the person from the Bureau’s central office who signs the Part 1 letter on behalf of the Bureau. It is the Project Manager’s responsibility to provide information and assistance to the Grantee to ensure that the grant program requirements are met and the project can be successfully closed out. Acquisition correspondence and communications should be directed to the Project Manager with the exception of the Advance Payment Request Form and the Partial Payment Request Form which are mailed to the attention of the Fiscal Unit.

Note: Up to the point that a grant is awarded, the primary contact with the Bureau is with the appropriate Regional Adviser. Once the grant has been awarded, the Project Manager becomes the primary contact. However, a copy of all official correspondence should be sent to the appropriate Regional Adviser.

Correspondence – including e-mails and phone messages:

All correspondence, including e-mails and phone messages, should provide complete project information to include the Grantee’s name, county, project name and project number. This will help us receive the correspondence and find the information needed to respond in a timely manner. It will also make it easier for the people in our office who file the correspondence in the project files.

Local Project Coordinator:

The Grantee’s Project Coordinator is the official contact person with the Bureau on all matters related to the administration of the grant project. All official correspondence will be sent to the Project Coordinator. Initially the Project Coordinator will be the person designated on the grant application. If the Grantee’s Project Coordinator changes during the course of the project, please provide to the Bureau written notification of the change including the name, title, address and daytime telephone number of the new Project Coordinator. Provide any changes in the Project Coordinator information to the data base manager to update the data base.

Progress Reports:

While there are no formal progress reports required for acquisition projects, it is the responsibility of the Project Coordinator to keep the Bureau informed of any changes or problems related to the project. This includes any major change in the estimated time to complete the acquisition of the property or easement. The Bureau Project Manager is responsible for making status entries in the Project Event Log and where required, requesting changes to the data base through the data base manager.

Grant Payments:

Municipal Grantees are eligible for an Advanced (Initial) Payment of 25% of the grant amount. Municipal Grantees may request a 50% payment if a Partial Payment Request form is used.

Appropriate organizations (501(c) (3)) are eligible for an advanced payment of 50% of the grant award. Grant payments procedures may be different for certain grant funding sources. This is explained in the Part 1 letter.

The Advanced Payment Request Form or the Partial Payment Request Form will be provided with the Part 1 letter. No grant payments can be processed until the grant agreement is fully executed.

In all cases, 10% of the grant amount will be withheld until the project is completed and the final product(s) and closeout documentation are reviewed and approved by the Bureau.

Partial Payments are to either reimburse the Grantee for funds already expended on eligible project costs or may be made based on the Grantee's need for funds to meet current eligible project related expenses. The intent is to avoid having funds unused for extended periods of time in a Grantee’s account. In order to receive partial progress payments, all items requested in the Part 1 letter must be submitted and approved by the Bureau. Up to 90% of the grant amount will be authorized only when a closing (settlement) date has been set.