Riparian and Riverine Habitat

Procedural Guide

for the

RIPARIAN AND RIVERINE HABITAT

GRANT PROGRAM

Under the

Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection

Bond Act of 2000

October 2001

State of California – The Resources Agency

DEPARTMENT OF PARKS AND RECREATION

Inquiries

Direct all inquiries, correspondence, and grant Applications to individual Project Officers at:

California Department of Parks and Recreation

Office of Grants and Local Services

1416 9th Street

P.O. Box 942896

Sacramento, CA 94296-0001

(916) 653-7423 Telephone

(916) 653-6511 FAX

Project Officers’ names and geographic assignments can also be found on the Department’s web site at http://www.parks.ca.gov by following related links on the left sidebar to Grants and 2000 Bond Act.

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION

Departmental Mission

The mission of the California Department of Parks and Recreation is to provide for the health, inspiration and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.

Departmental Focus

As California edges into the 21st Century, the most significant aspect of our mission is to ensure that future generations are able to enjoy California’s diverse natural and cultural heritage while enjoying its outstanding recreational opportunities.

The Department of Parks and Recreation will play an important role as a leader among park, recreation and resource management service providers. The Department will not only strengthen its bond with its traditional partners, including government agencies, cooperative associations, foundations, user groups, environmental organizations, and numerous other non profits, but will also form new partnerships with a broad range of service providers to ensure the Department connects with all Californians.

Responding to the recreational and open-space needs of a growing population and expanding communities, the 2000 Bond Act will revive state Stewardship of natural and cultural resources by investing in neighborhood and state parks, coastal beaches, scenic areas, and promoting clean water protection. Local and state parks provide safe places to play in neighborhoods, splendid scenic landscapes, exceptional experiences, and world-recognized recreational opportunities, and in so doing, are vital to California’s quality of life and economy.

Together, we share the ability and the responsibility to carry on a proud century-old heritage of Stewardship and enjoyment!

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TABLE OF CONTENTS

I. DEFINITIONS 1

II. PROGRAM DESCRIPTION 3

2000 Bond Act Intent 3

Program Intent 3

Amount of Funds Available 3

Minimum and Maximum Grant Amounts 3

Eligible Applicants 3

Eligible Projects: 3

Project Examples 4

Ineligible Projects 4

State Administrative Costs 5

III. IMPORTANT POINTS 6

IV. GRANT PROCESS 9

V. PROJECT SELECTION PROCESS 10

VI. PROJECT SELECTION CRITERIA 10

Project Proposal Narrative 10

Need for Project 10

Community and Regional Benefits 11

Access and Location 12

Organizational Capabilities 12

Project Readiness 13

VII. ADMINISTRATION PROCESS 14

Changes to Project Scope 14

Project Withdrawals 14

Eligible Costs 15

Payment Process 16

Payment Request Forms 16

Interest Earned From An Advance 16

Loss of Funding 16

Site Visits 17

Public Access 17

Project Completion 17

VIII. STATE AUDIT 18

Audit Purpose 18

Accounting Requirements 18

Records Retention 18

IX. APPENDICES 19

APPENDIX A – PROJECT APPLICATION 21

APPENDIX B – PROJECT APPLICATION CHECKLIST 25

APPENDIX C – SAMPLE RESOLUTION 29

APPENDIX D – SAMPLE GRANT CONTRACT 33

APPENDIX E – PAYMENT REQUEST FORM 45

APPENDIX F – SAMPLE ACQUISITION SCHEDULE 47

APPENDIX G – PROJECT COMPLETION PACKAGE 51

APPENDIX H – LAND TENURE SCALE 59

APPENDIX I – SIGN GUIDELINES 63

APPENDIX J – INFORMATION ON PERMITS 69

I.  DEFINITIONS

Capitalized words and terms, other than the first word of each sentence, appear in these guidelines. These are defined in the Definition Section below.

Unless otherwise stated, the terms used in this Procedural Guide shall have the

following meanings:

“Acquisition” means to obtain from a willing seller a fee interest or any other interest, including easements and Development rights, in real property.
“Allocation” means a distribution of funds, or an expenditure limit established for an agency for one or more Projects.
“Applicant” means an agency or organization requesting funding from a Program administered by the Department.
“Application” means the individual Application Form and its required attachments for grants pursuant to the enabling legislation and/or Program.
“Appropriation” means a budget authorization from a specific fund to a specific agency or Program to make expenditures or incur obligations for a specific purpose and period of time.
“Bioengineering” means the use of horticultural and landscape planting techniques with living materials, in conjunction with grading, earth moving and conventional soil stabilization structures, to produce a self-repairing, composite bank or channel.
“Bond Act” means the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000.
“CEQA” means the California Environmental Quality Act, Public Resources Code Section 21000 et. seq.; Title 14, California Code of Regulations Section 15000 et. seq.
“Competitive” means the Allocation of monies for one or more Projects for the Acquisition or Development of recreational lands and facilities on a Project-by-Project basis, based upon need, through a Competitive process.
“Contract” means an agreement between the Department and the Grantee specifying the payment of funds by the Department for the performance of the Project Scope within the Project Performance Period by the Grantee.
“Department” means the California Department of Parks and Recreation.
“Development” means improvements to real property by construction of new facilities or renovation or additions to existing facilities.
“Director” means the Director of the California Department of Parks and Recreation.
“District” means:
·  Any regional park District, regional park and open-space District, or regional open-space District formed pursuant to the Public Resources Code, Article 3 (commencing with Section 5500) of Chapter 3,
·  Any recreation and park District formed pursuant to the Public Resources Code, Chapter 4 (commencing with Section 5780) or an authority formed pursuant to the Public Resources Code, Division 26 (commencing with Section 35100),
·  Any District that is authorized to provide park, recreational, or open-space services, or a combination of those services, except a school District.
“Force Account” means Project work performed by a Grantee’s own work force.
“Grantee” means an Applicant who has a Contract for grant funds.
“Historical Resource” includes, but is not limited to, any building, structure, site area, place, artifact, or collection of artifacts that is historically or archaeologically significant in the cultural annals of California.
“In-Kind” means those funds and/or donations which may include local, state, or private funds, as well as materials and services.
“Local Agency” means any agency formed for park purposes pursuant to a joint powers agreement between two or more local entities, excluding school Districts and non-profit organizations.
“Program” means the Riparian and Riverine Habitat Grant Program.
“Project” means the Acquisition, Development, enhancement, Restoration or other activity to be accomplished with grant funds.
“Project Grant Amount” means the amount of Grant funds assigned to a specific Project.
“Project Officer” means an employee of the Department, who acts as a liaison with the Grantees and administers Bond Act grants.
“Project Performance Period” means the period of time that the grant funds are available, and the time in which the Project must be completed, billed and paid.
“Project Scope” means the description or activity of work to be accomplished on the Project.
"Restore or Restoration" means to reestablish the physical and biological characteristics of a Riparian or Riverine habitat to a natural state.
“Riparian” means relating to, living, growing, or located on the banks of a stream.
”Riverine” means living in, growing in, or located in a river or stream.
“Stewardship” means the Development and implementation of Projects for the protection, preservation, rehabilitation, Restoration, and improvement of natural systems and outstanding features and historical and cultural resources.
“Tenure” means the Applicant owns the land or has another long-term agreement with the landowner. (See Appendix H, page 59, for complete Land Tenure Scale).
"Trailhead and Trailside Facilities” include, but are not limited to parking, utilities, restrooms, bridges, drainage structures, fencing, informational and interpretive signs.

NOTE: Authority Cited: Section 5003, Public Resources Code. Reference: Section 5096.308(a), (e),(g), and (j)(1), 5096.310 (h), and 5096.337 Public Resources Code , Section 6500 et. seq., Government Code.

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Riparian and Riverine Habitat Procedural Guide

II.  PROGRAM DESCRIPTION

2000 Bond Act Intent

The Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, responding to the recreational and open-space needs of a growing population and expanding urban communities, is intended to revive state Stewardship of natural resources by investing in neighborhood parks and state parks, clean water protection and coastal beaches and scenic areas.

Program Intent

The intent of the Riparian and Riverine Habitat Program is to provide funds on a competitive basis to increase public recreational access, awareness, understanding, enjoyment, protection, and Restoration of California's irreplaceable rivers and streams.

Amount of Funds Available

$10,000,000 is available. This Program does not require matching funds.

Minimum and Maximum Grant Amounts

The minimum grant amount for a Project is $20,000 and the maximum grant amount is $400,000.

Eligible Applicants

The following entities are eligible to apply for these Program funds:

·  Cities

·  Counties

·  Eligible Districts (see definitions)

·  Local Agencies formed for park purposes

·  Federally recognized California Indian Tribes

Eligible Projects:

An eligible Project shall include the Acquisition, Development, or improvement of recreation areas, open space, parks, and trails in close proximity to rivers and streams. In addition, an eligible Project shall include a Riparian or Riverine habitat enhancement element and also provide for public access.

Project Examples

Projects may include, but are not limited to, the following examples (note that each Project must include public access and a Riparian or Riverine habitat enhancement element):

·  Acquisition and/or Development of river parkways.

·  Development, improvement or enhancement of trails, Trailhead or Trailside Facilities along rivers, streams and/or river parkways for walking, cycling and equestrian purposes.

·  Development of riverfront parks with habitat enhancement.

·  Construction of new trails connecting to existing river or stream trails.

·  Acquisition of land to provide public access to rivers, streams, river parkways; and access to other public areas.

·  Restoration or enhancement of a significant Riparian or Riverine habitat while providing for public access. Significant habitat includes, but is not limited to at least one of the following categories:

q  Critical wintering, breeding, or migratory habitat

q  Rare species or unique habitat

q  Representative examples of specific species or habitat

q  Essential habitat linkages

q  Critical buffer zones

q  Habitat of species that are experiencing significant declines or threats

q  Species with a highly restricted distribution within the region or state

q  Lands that are critical for successfully implementing local, regional, and/or state conservation plans

·  Acquisition of land to increase the size and quality of existing Riparian habitat, river parkways or other open space areas along rivers or streams.

·  Removal of debris from stream channels or erosion control and bank stabilization work.

Ineligible Projects

Projects that do not qualify for funding would include, but are not limited to, the following:

·  Projects with no public access

Ineligible Projects (continued)

·  Projects that do not include some component of Riparian and/or Riverine habitat improvement, Restoration or Acquisition

·  Projects that cause erosion or contribute to flooding

·  Projects comprised only of planning

·  Operations and on-going maintenance Projects

·  Projects located on school properties not open to the general public and designed solely for students

·  Projects with no direct relation to a river or stream

·  Projects on lakes or reservoirs that do not involve a river or stream

·  Projects on wetlands and marshes, except in the following cases:

q  where the wetland is adjacent to a river or stream,

q  where the wetland Project will control flooding or erosion on the adjacent stream

·  Projects on multiple sites

State Administrative Costs

The State costs of administering the Bond Act shall be paid out of the bond proceeds. These costs shall be shared proportionately by each Program funded through this Bond Act.

NOTE: Authority Cited: Section 5003, Public Resources Code. Reference: Section 5096.307(a), 5096.310 (h),5096.337, 5096.358, Section 5096.367 Public Resources Code; and Section 7048 and 78682.2 of the Water Code.

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Riparian and Riverine Habitat Procedural Guide

III.  IMPORTANT POINTS

·  Applications must be delivered to the Department by 5:00 p.m., February 1, 2002, or postmarked on or before February 1, 2002 (for address and contact information, see the inside front cover of this Procedural Guide).

·  All Projects must have some element encompassing the enhancement of Riparian and Riverine habitat.

·  All Projects must have public access.

·  An Applicant may submit multiple Applications. On Application shall be submitted per Project site.

·  Applicants must consult with a Department of Fish and Game biologist or other qualified expert for a written evaluation of the Riparian and/or Riverine habitat enhancement element of your Project. Provide in your Application the name, title and telephone number of this expert. If you have any questions regarding the qualifications of your proposed expert evaluator, contact this office.

·  Grant funds are not available for expenditure until they are appropriated in the state budget and there is a fully executed Contract between the Department and the Grantee.

·  The Grantee may spend up to 25% of the Project Grant Amount for non-construction costs, including grant administration, plans, permits, specifications, CEQA compliance, and/or Acquisition documents.

·  At the time of Application, the Applicant must provide, at a minimum, either (1) a Notice of Exemption filed with the county clerk, or (2) an initial study with a description of how the Applicant will comply with CEQA. The Applicant has one year from the date of announcement of their grant award to complete the CEQA process. If the Grantee has made a full-faith effort to complete CEQA, but is unable to complete CEQA or otherwise proceed with the Project due to issues related to the CEQA process, costs incurred by the Grantee that are directly related to the CEQA process can be applied to the non-construction costs limit.