agency-parks-and-recreation•Idaho Administrative Code — Parks and Recreation, Department of
Idaho Administrative Code — Parks and Recreation, Department of
agency-parks-and-recreationIDAPA (Parks and Recreation, Department of)Regulation
IDAPA 26 Parks and Recreation, Department of
26.01.03 Rules Governing Recreation Programs
IDAPA 26.01.03.000 Legal Authority
The Parks and Recreation Board, State of Idaho, acting pursuant to the Administrative Procedures Act, Title 67, Chapter 52, Idaho Code, and its powers and responsibilities under the Parks and Recreation Act, Title 67, Chapter 42, Idaho Code, adopted the following rules. These rules are promulgated under the Department’s authority to administer the following Acts: Recreational Activities, Sections 67-7101 through 67-7133, Idaho Code, and Idaho Safe Boating Act, Section 67-7001 et seq., Idaho Code.(3-18-22)
IDAPA 26.01.03.001 Title and Scope
01.Title.
The title of this chapter are cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.03, “Rules Governing Recreation Programs.”(3-18-22)
02.Scope. These rules are intended to set forth the procedures for vendors to apply to sell Recreation Program products and the formula for off-highway vehicle law enforcement fund distribution.(3-18-22)
IDAPA 26.01.03.002 (Reserved)
IDAPA 26.01.03.010 Definition of Terms
01.Department.
The Idaho Department of Parks and Recreation. (3-18-22)
02.Memorandum of Agreement. A contract between the Department and the Vendor.(3-18-22)
03.Payment in Lieu of Taxes. The Payments in Lieu of Taxes (PILT; 31 U.S.C. §§6901-6907) program provides compensation for certain tax-exempt federal lands, known as entitlement lands. PILT payments are made annually to units of general local government – typically counties – that contain entitlement lands.(3-18-22)
04.Recreation Program Products. Products include, but are not limited to, certificates of number, permits, user certificates, and stickers.(3-18-22)
05.Vendor. Any business or agency authorized to sell products.(3-18-22)
IDAPA 26.01.03.011 (Reserved)
IDAPA 26.01.03.100 Criteria for Applying for Vendorship
A prospective vendor may apply to sell one (1) or more types of products. A prospective vendor may make a request to the Department at any time by phone, mail, or in person to receive a copy of the applicable vendor Memorandum of Agreement. The Memorandum of Agreement must be signed and returned to the Department for approval.
(3-18-22)
IDAPA 26.01.03.101 (Reserved)
IDAPA 26.01.03.200 Notifications and Time Limits
01.Action on Application.
The Department must provide written notification within thirty (30) days following receipt of a signed memorandum of agreement as to the approval or denial of same. This decision for approval or denial is based on the ability of the business or agency to sell recreation program products.(3-18-22)
02.Notification. If approved, a fully executed copy of the vendor memorandum of agreement will be returned to the vendor. If denied, notification will outline reasons for such denial.(3-18-22)
IDAPA 26.01.03.201 (Reserved)
IDAPA 26.01.03.500 Off-Highway Law Enforcement Fund Distribution Formula
01.Formula.
As set forth in Section 7126, Idaho Code, the Department distributes the funds in the offhighway vehicle law enforcement fund based on the following formula:(3-18-22)
a.Total federal acres with reference to the Payments in Lieu of Taxes (PILT) number for each eligible county minus large tracts of land not open to off-highway vehicle use. The result is the total off-highway vehicle opportunity on federal public land for that county.(3-18-22)
b.Calculate the percentage of the total off-highway vehicle opportunity on federal public land for each eligible county as compared to the entire state.(3-18-22)
c.Multiply this percentage by zero point six (0.6) to get sixty percent (60%) of the value.(3-18-22)
d.Calculate the percentage of off-highway vehicle certificate of number designations for each eligible county as compared to the entire state.(3-18-22)
e.Multiply this percentage by zero point four (0.4) to get forty percent (40%) of the value. (3-18-22)
f.Add the sixty percent (60%) value from the total off-highway vehicle opportunity on federal public land to the forty percent (40%) value of the off-highway vehicle certificates of number. This total will be the percentage of the off-highway vehicle law enforcement funds for which the individual county is eligible.(3-18-22)
IDAPA 26.01.03.501 (Reserved)
26.01.31 Rules Governing the Administration of the Idaho Department of Parks and Recreation State and Federal Grant Funds
IDAPA 26.01.31.000 Legal Authority
The Idaho Park and Recreation Board is authorized under Sectio n 67-4223(a), Idaho Code, to adopt, amend, or rescind rules as may be necessary for proper administration of the Department and its programs.(3-18-22)
IDAPA 26.01.31.001 Scope
The purpose of this chapter is to ensure co nsistent administration of state and federal grant programs. It is the intent of the department, through the state and federal grant programs, to provide funds and planning assistance to entities consistent with the purpose statement outlined in Idaho Code for each program and the provisions detailed in this chapter and the recreation grant program guidance.(3-18-22)
IDAPA 26.01.31.002 (Reserved)
IDAPA 26.01.31.010 Definitions
As used in this chapter:(3 -18-22) 01.2CFR 200. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as set forth in 2 CRF 200 (Code of Federal Regulations.(3-18-22)
02.Applicant. An IDPR approved entity, that identifies a need for a project, supplies initial support data, and applies for program grant through the Department.(3-18-22)
03.ATV. All-terrain vehicle.(3-18-22)
04.Board. The Idaho Park and Recreation Board.(3-18-22)
05.Department. The Idaho Department of Parks and Recreation.(3-18-22)
06.Grant. A grant from programs or funds as described in Section 050 of this chapter.(3-18-22)
07.Grantee. An applicant who receives a grant from the Department for the programs or funds as described in Section 050.(3-18-22)
08.Match. The grantee’s contribution of cash, material, labor, and third-party in-kind services needed to complete the project as defined in the grant agreement.(3-18-22)
09.Non-Profit. An organization that qualifies for tax-exempt status by the IRS because its mission and purpose are to further a social cause and provide a public benefit. As used in this chapter, the term includes qualified non-for-profit organizations that benefit outdoor recreation.(3-18-22)
10.Project. The purchases, construction, or other activities proposed by the applicant and documented in the grant agreement.(3-18-22)
11.Public Entity. The state, federal or local government or a subdivision thereof (including recreation districts), or a Native American Tribe.(3-18-22)
12.Recreational Grant Program Guidance. A compilation of state procedures, rules, policies, and instructions assembled for dissemination to the potential entities that may wish to apply for grants.(3-18-22)
13.State and Federal Grant Manager. The Department employee in charge of state and federal grant programs.(3-18-22)
IDAPA 26.01.31.011 (Reserved)
IDAPA 26.01.31.050 Grant Cycles
Applications for Off-Road Motor Vehicle (ORMV) Fund, Recreational Vehicle Fund (RV), Waterways Improvement Fund (WIF), Motorbike Recreation Account (MB), Mountain Bike License Plate (BK), Cutthroat License Plate (CP), and Recreational Road and Bridge (RB) grants will be considered at least once each state fiscal year (July 1 through June 30) dependent upon adequate funding availability. Applications for Recreational Trails Program (RTP) projects will be considered at least once each federal fiscal year (October 1 thought September 30) dependent upon adequate funding availability.(3-18-22)
IDAPA 26.01.31.051 (Reserved)
IDAPA 26.01.31.075 Eligible Applicants
Public entities are eligible to apply for all grant programs. Non -profit organizations are eligible to apply for the Recreational Trails Program and Mountain Bike Plate program. The state and federal grant manager determines if applicants are eligible based on federal code, state statutes and past performance of the applicant. Based on an applicant’s past performance in managing a grant with the department the state and federal grant manager may recommend to the board that the applicant be considered ineligible for the current funding cycle.(3-18-22)
IDAPA 26.01.31.076 (Reserved)
IDAPA 26.01.31.100 Application Procedure
01.Submittal. Elig ible applicant submits application prior to the stated deadline in the Recreational Grant Program Guidance. To be considered for a grant, an applicant must propose an eligible project and submit all documentation required by this chapter.(3-18-22)
02.Public Comment. As part of the application, the applicant must provide an opportunity for public comment. The applicant must include proof of public comment regarding the project in the application. The opportunity for public comment should begin within one (1) year of submitting the application. Any projects with public comment conducted over one (1) year prior to application may be rejected by the state and federal grant manager and the project will be deemed ineligible.(3-18-22)
03.Complete Application. Materials submitted by the sponsor are reviewed by the department for completeness and eligibility.(3-18-22)
04.Ranking. The appropriate advisory committee establishes project rankings by rating each eligible project using criteria established by the board. To objectively rate competing eligible projects, the committee considers the application and how the project meets the criteria and established priorities for the program. (3-18-22)
05.Board Review. The board reviews the priority list for awards and sets funding line based on recommendation of the advisory committees and the state and federal grant manager.(3-18-22)
06.Grant Award. Upon grant approval by the board, the department will present the sponsor with a grant agreement that identifies eligible costs and obligates the applicant to a specified project scope and performance period.(3-18-22)
07.Grant Agreement. The applicant must sign the agreement prior to initiating work on the project.
The signed agreement obligates the applicant to complete all elements of the project as described in the agreement and any applicable approved amendment.(3-18-22)
IDAPA 26.01.31.101 (Reserved)
IDAPA 26.01.31.150 Project Requirements
01.Real Property.
The grantee must include any proposals to purchase real property with grant moneys in the grant application and must provide an appraisal consistent with Section 175 of this chapter. (3-18-22)
02.Fees. The applicant is required to identify any existing or proposed fees associated with the grant request, including existing or proposed facilities. The applicant may propose fees for the use of or access to facilities or real property developed or purchased with grant funds at a level commensurate with the costs of maintenance and upkeep of the facility or real property Requests for donations and fees for special events of limited duration at the facility are exempt when such are intended to cover extraordinary expenses.(3-18-22)
03.Grant Modification. Only for good cause, and upon the submission of detailed justification in writing and approval by the state and federal grant manager, may the terms and obligations of the grant application or grant agreement be modified. Examples of “good cause” include extraordinary physical barriers, project re-routing necessary to avoid critical habitat, and other constraints beyond the control of the grantee.(3-18-22)
IDAPA 26.01.31.151 (Reserved)
IDAPA 26.01.31.175 Real Property Appraisals
01.Appraisal Required.
A real estate appraisal is required for all real property to be acquired with grant funds. The appraisal must be paid for by the grantee but may be included as part of eligible project costs in the application.(3-18-22)
02.Appraisal Review. The state and federal grant manager reviews appraisals for reasonableness at the time of application. The state and federal grant manager may reject a grant application that includes an unreasonable appraisal.(3-18-22)
03.Negotiated Price. An approved appraisal is an acceptable estimate of property value. The negotiation between a willing seller and a willing buyer may set a price that is higher than the appraisal, and this value can be considered along with the appraised value in establishing the reasonable limits of grant assistance. If the grantee believes the negotiated price is a better indication of market value, yet is higher that the appraised value, a detailed statement of this difference must be submitted to the state and federal grant manager.(3-18-22)
04.Adequate Title and Public Access. The grantee must have clear title to, or adequate control and tenure of, the real property (land, land improvement, structures, and appurtenances) to be developed. The term “adequate control and tenure” of real property means a lease or an easement that provides the grantee sufficient control over the real property to permit the proposed development and use for a period of at least twenty-five (25) years from the date of application, unless specifically approved in writing by the department for a shorter term. The grantee must list all outstanding rights or interests held by others in the real property to be developed. If access to the real property to be developed is over private property, then the grantee must describe the provisions made to ensure adequate public access. In the event the real property becomes unusable for its intended purposes or if such use ceases, the grantee is responsible for conversion of the project.(3-18-22)
05.Limitations on Use. Property rights obtained with grant funds must be free of all reservations or encumbrances that would limit the use of the site disproportionate to the public benefit.(3-18-22)
IDAPA 26.01.31.176 (Reserved)
IDAPA 26.01.31.200 Grant Standards
01.Minimum Project Match.
Applicants must provide a minimum match of five percent (5%) of the total project cost, except recreational trails program which has a federal minimum match.(3-18-22)
02.Minimum Motorized Equipment Match. Grants for motorized equipment are allowed in the waterways improvement fund, recreational vehicle, off-road motor vehicle, recreational trails program, motorbike recreation, and mountain bike plate grant programs. Applicants must provide a minimum match of twenty percent (20%) of the total equipment purchase. An applicant may claim up to fifteen percent (15%) match from the trade-in value of other equipment. A minimum of five percent (5%) must be a cash match.(3-18-22)
03.Waterways Improvement Fund Grant Limit. The total sum of WIF grant funds approved to be used in any one (1) county may not exceed fifty percent (50%) of the total WIF grant funds approved to be used statewide in any state fiscal year.(3-18-22)
IDAPA 26.01.31.201 Matching Funds
The following types of match may be used:(3-18-22) 01.
Force Account Labor and Equipment. Documentation of force account must include: the name of each employee, dates worked, hourly rate of pay, number of hours worked, and the total cost by each employee.
Documentation of equipment costs includes the type of equipment used, dates used, hourly rate value, number of hours used, how the hourly rate was determined, and total cost.(3-18-22)
02.Donated Materials. The value of donated material that is used as match cannot exceed the costs of the materials as documented in an invoice or receipt, or the market price at the time the grantee requests reimbursement for the material, whichever is less. The grantee must provide a detailed invoice marked “donation” or a letter from the donor (including the value) as documentation of donated material.(3-18-22)
03.Donated Contract Labor. When an employer, other than the grantee, donates the services of an employee, these services are valued at the employee’s regular rate of pay (not including fringe benefits and overhead costs). These services must be for the same skill for which the employee is normally paid. The grantee must provide documentation that includes the employee’s name, dates worked, hourly rate, number of hours worked, and total cost.
04.Rates for Volunteers. Skilled and unskilled volunteer labor rates must be consistent with the rate the grantee would pay for similar work in the grantee’s labor market. If the volunteer is professionally skilled and employed in the work being performed on the project, the grantee may use the volunteer’s normal wage rate. If the volunteer is not professionally employed in the work being performed on the project, the grantee must value the donated labor at the federal minimum wage rate. The grantee must provide documentation that includes the volunteer’s name, date worked, hourly rate, number of hours worked, and total cost.(3-18-22)
IDAPA 26.01.31.202 (Reserved)
IDAPA 26.01.31.300 Expenditure of Grant Funds
Grant funds not expended within the designated fiscal year or years as established by the project period in the project agreement, may be revoked unless the applicant requests and receives an extension of time from the state and federal grant manager.(3-18-22)
IDAPA 26.01.31.301 Project Extension
A written request for an extension of the project period must be receiv ed and reviewed by the state and federal grant manager prior to the end of the project period. No project extension will be granted for more than one (1) year; however, an applicant may request project extensions in consecutive years.(3-18-22)
IDAPA 26.01.31.302 Cost Increases
01.Cost Overruns.
Twenty percent (20%) of any program allocation may be held out by the department for necessary cost overruns related to previously awarded grants. Any unused funds will be redistributed in the next funding cycle.(3-18-22)
02.Minor Cost Increases. Cost increases of fifteen percent (15%) or less of the original grant amount that are less than or equal to twenty thousand dollars ($20,000), may be approved by the director. Cost increases of fifteen percent (15%) or less of the original grant amount that exceed twenty thousand dollars ($20,000) may be approved by the board.(3-18-22)
03.Major Cost Increases. Cost increases of more than fifteen percent (15%) of the original grant amount are not allowed. The applicant must either resubmit the project or submit a new grant request to increase the current project.(3-18-22)
IDAPA 26.01.31.303 (Reserved)
IDAPA 26.01.31.350 Project Management and Disbursement of Funds
01.Grant Agreement.
A grantee must complete the grant agreement form, with original or authenticated digital signatures, within sixty (60) calendar days of written notification of grant award. The agreement obligates the applicant to complete all elements of the project as specified in the signed grant agreement.(3-18-22)
02.Purchase and Bidding Requirements. The grantee must follow all local, state and federal laws pertaining to the expenditure of public funds.(3-18-22)
03.Permits. The grantee must legally acquire all required local, state and federal permits for the construction or development of the project before grant funds are expended. Construction must comply with the then current codes and standards.(3-18-22)
04.Reimbursement of Project Costs. The grantee must initially pay all project costs and then seek reimbursement through the department. The grantee must complete the appropriate form provided by the department certifying that the data is correct and submit the form to the department with an original or authenticated signature.
05.Allowable Costs. The State and Federal Grant Manager determines what expenses are eligible for reimbursement based on federal code, state statutes and rules. Grantees must follow 2 CFR 200, in determining the reasonableness and allowability of costs.(3-18-22)
a.Projects, or any part thereof, either paid for by the grantee or completed prior to the grant application deadline, are ineligible for grant funding or to be considered as match. However, costs for design and engineering incurred within one (1) year prior to the application deadline date may be considered as match, provided they are listed as a scope element on the application.(3-18-22)
b.For Recreational Trail Program projects, any project activity conducted prior to the execution of the project agreement is ineligible for reimbursement or to be considered as match.(3-18-22)
06.Matching Funds. All matching funds must meet the allowable costs criteria outlined in Section 201 of this chapter.(3-18-22)
07.Documentation and System of Internal Controls. Grantees must follow 2 CFR 200 in maintaining a system of internal controls that provides reasonable assurance the grantee is managing the award in compliance with this chapter. Accounting records must be supported by source documentation such as vouchers, canceled checks, invoices, payroll, time and attendance records, contract and sub-grant award documents, and other required billing forms.(3-18-22)
08.Reimbursement Requests and Reporting. Grantees must remit a performance report to the department with each reimbursement request. Failure of the grantee to report or poor performance indicated by the inspection report may disqualify grantee from any future grant applications with the department.(3-18-22)
09.Grant Closeouts. Within forty-five (45) days after the completion of the project, the grantee must submit an appropriate closeout form as provided by the department.(3-18-22)
10.Record Retention. The records relative to any grant project are public records. The grantee must retain all financial information referenced in this chapter regarding a project for a time period of three (3) years from the date of the final grant payment, unless any litigation or audit concerning the project has been started or announced.(3 -18-22)
11.Audit Authority. The department has the right of access to any books, documents, papers, or other records of grantees that are pertinent to the grant, in order to make audits, examinations, excerpts, and transcripts. An audit of the grant may result in the disallowance of costs incurred by the recipient and the establishment of a debt (account receivable) due the department. The department may perform an audit randomly and without prior notice.
12.Failure to Comply. If a grantee fails to comply with the obligations as set forth in the signed grant agreement, the applicant must repay all or a portion of the expended grant funds as determined by the state and federal grant manager.(3-18-22)
IDAPA 26.01.31.351 (Reserved)
IDAPA 26.01.31.400 Ongoing Grantee Obligations
01.Maintenance. The grantee must maintain any facilities, real property, and equipment funded by a grant in the condition equivalent to that existing when such facility was completed or property or equipment purchased, normal wear and tear excepted.(3-18-22)
02.Public Use. The grantee must ensure that facilities and real property are available to the general public.(3-18-22)
03.Nondiscrimination. The grantee must ensure that facilities and real property purchased in whole or in part with grant moneys are available for public use regardless of race, color, religion, national origin, gender, age, or disability. The grantee must ensure that facilities constructed with grant moneys meet the requirements as set by the Americans with Disabilities Act.(3-18-22)
04.Acknowledgment of Funding Assistance. Grantee must post and maintain appropriate permanent signs or decals upon project sites or equipment acknowledging funding assistance from the appropriate grant fund and the department upon start of the project or purchase of equipment.(3-18-22)
05.Project Liability. Grantees, through a signed agreement, assume all project liability and hold the department harmless.(3-18-22)
06.Responsibility for Equipment. Motorized equipment purchased with grant funds becomes the property of the grantee and must be maintained for use on public projects.(3-18-22)
07.Failure to Comply. Failure by the grantee to comply with the ongoing obligations may require repayment all or a portion of the grant funding.(3-18-22)
IDAPA 26.01.31.401 (Reserved)
IDAPA 26.01.31.450 Project Conversions
No grant funded project may, without the prior written approval of the Board, be converted to uses other than for the authorized purposes specified in the original grant application or grant agreement.(3-18-22)
IDAPA 26.01.31.451 (Reserved)
26.01.24 Rules Governing the Administration of the Sawtooth National Recreation Area Special License Plate Funds
IDAPA 26.01.24.000 Legal Authority
The Idaho Park and Recreation Board is authorized under Sectio n 67-4223(a), Idaho Code, to adopt, amend, or rescind rules as may be necessary for proper administration of the Department and its programs.(3-18-22)
IDAPA 26.01.24.001 Title and Scope
01.Title.
The title of this chapter is cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.24, “Rules Governing the Administration of the Sawtooth National Recreation Area Special License Plate Funds.”(3-18-22)
02.Scope. This chapter establishes procedures for the administration of the Sawtooth National Recreation Area special plate funds, received pursuant to Section 49-419A, Idaho Code, including requirements for project application, eligibility, review, award and management.(3-18-22)
IDAPA 26.01.24.002 (Reserved)
IDAPA 26.01.24.010 Definitions
01.Applicant.
A public entity, user group, organization, or individual that identifies a need for a project and applies for a sawtooth national recreation area special license plate fund grant through the Department.
(3-18-22)
02.Board. The Idaho Park and Recreation Board, a bipartisan, six (6) member board, appointed by the governor.(3-18-22)
03.Department. The Idaho Department of Parks and Recreation.(3-18-22)
04.Director. The director and chief administrator of the Department or the designee of the director.
(3-18-22)
05.Park and Recreation Fund. That fund created in Section 67-4225, Idaho Code.(3-18-22)
06.Project. Any effort in compliance with applicable rules and policies governing the use of Sawtooth National Recreation Area special license plate funds.(3-18-22)
07.Sawtooth National Recreation Area (SNRA) Special License Plate Funds. Those funds derived from the sale and purchase of Sawtooth National Recreation Area special license plates pursuant to Section 49-419A, Idaho Code.(3-18-22)
IDAPA 26.01.24.011 (Reserved)
IDAPA 26.01.24.050 Eligible Applicants for Sawtooth National Recreation Area Special
LICENSE PLATE FUNDS.
Any public entity or private group, organization or individu al which provides evidence of its ability to implement or operate and maintain the project following the completion of the project.(3-18-22)
IDAPA 26.01.24.051 (Reserved)
IDAPA 26.01.24.100 Eligible Projects
01.Determination of Eligibility.
The director determines eligibility of projects in accordance with Section 49-419A, Idaho Code, and this chapter.(3-18-22)
02.Eligible Projects. Eligible projects are limited to planning, design, development, construction, repair and maintenance of:(3-18-22)
a.Motorized and non-motorized trails;(3-18-22)
b.Camping facilities;(3-18-22)
c.Bridges located on a motorized or non-motorized trail;(3-18-22)
d.Restrooms used primarily by recreationists;(3-18-22)
e.Parking areas used primarily to access outdoor recreation facilities;(3-18-22)
f.Boat launch facilities;(3-18-22)
g.Boat docks;(3-18-22)
h.Interpretive centers, facilities and services for recreationists including informational and directional signs;(3-18-22)
i.Emergency medical facilities and services for recreationists; and(3-18-22)
j.Unpaved roads leading to recreation areas.(3-18-22)
03.Location of Eligible Projects. All eligible projects must be located within the SNRA and must be open to the public regardless of race, color, religion, national origin, gender, age or disability.(3-18-22)
IDAPA 26.01.24.101 (Reserved)
IDAPA 26.01.24.150 Application Procedures
To be considered for a grant, an applicant must file with the Department a memorandum of understanding in a form prescribed by the director and bearing original signatures no later than January 1 of each year.(3-18-22)
IDAPA 26.01.24.151 (Reserved)
IDAPA 26.01.24.200 Disbursement of Funds
The Department will remit to the applicant at least eighty-five percent (85%) of all moneys collected pursuant to Section 49-419A, Idaho Code, not later than January 25, April 25, July 25 and October 25 of each year. The Department retains up to fifteen percent (15%) to cover costs related to the administration of this chapter. (3-18-22)
IDAPA 26.01.24.201 (Reserved)
IDAPA 26.01.24.250 Expenditure of Funds
The applicant must expend all funds received pursuant to this chapter within two (2) years of receipt.(3-18-22)
IDAPA 26.01.24.251 (Reserved)
IDAPA 26.01.24.300 Return of Funds
Any funds required by these rules to be returned from the applican t to the Department will be credited to the park and recreation account and disbursed on or before the dates provided in Section 150 of this chapter.(3-18-22)
IDAPA 26.01.24.301 (Reserved)
IDAPA 26.01.24.350 Documentation
01.Allowable Costs.
Applicable Office of Management and Budget (OMB) cost principles must be followed in determining reasonable and allowable costs.(3-18-22)
02.Documentation and System of Internal Controls. The applicant must maintain a system of internal controls in order to identify the source and disbursement of funds provided for all project costs by project.
Accounting records must be supported by source documentation such as vouchers, canceled checks, invoices, payroll, time and attendance records, contract and sub-grant award documents, and other required billing forms.(3-18-22)
03.Record Retention. The applicant must retain all financial information referenced in these rules regarding a project for a time period of three (3) years from the date of the receipt of funds, or until the satisfactory completion of any litigation or audit concerning the project, whichever date is later.(3-18-22)
04.Audit Authority. The Department has the right of access to any pertinent books, documents, papers, or other records of applicant which are pertinent to these rules, in order to make audits, examinations, excerpts, and transcripts. An audit may result in the disallowance of costs incurred by the applicant and the establishment of a debt (account receivable) due the Department.(3-18-22)
IDAPA 26.01.24.351 (Reserved)
IDAPA 26.01.24.400 Maintenance Standards
The applicant must ensure facilities developed, constructed or repaired with SNRA special license plate funds are maintained and operated in a condition equivalent to that existing when it was funded, normal wear and tear excepted.
Maintenance standards must be adopted by the applicant during the application phase of the grant.(3-18-22)
IDAPA 26.01.24.401 (Reserved)
IDAPA 26.01.24.450 Project Conversions
No project funded by SNRA special license plate funds may, without prior approval of the Department, be converted to uses oth er than for the authorized purpose of the original grant. The Department must approve a conversion only when the SNRA special license plate funds expended on the project can be returned to the Department, or the applicant can provide an immediate substitution of other projects of at least equal current fair market value and of reasonable equivalent usefulness and location.(3-18-22)
IDAPA 26.01.24.451 (Reserved)
IDAPA 26.01.24.500 Purchase and Bidding Requirements
All local, state and federal laws pertaining to the expenditure of SNRA special license plate funds must be followed by the applicant.(3-18-22)
IDAPA 26.01.24.501 (Reserved)
26.01.22 Rules Governing Cooperating Associations
IDAPA 26.01.22.000 Legal Authority
These rules, promulgated by the Idaho Parks and Recreation Board pursuant to Section 67-5201, et seq., Idaho Code, and Section 67-4223, Idaho Code, are intended to further define and make specific Section 67-4238, Idaho Code, which deals with establishment of cooperating associations.(3-18-22)
IDAPA 26.01.22.001 (Reserved)
IDAPA 26.01.22.010 Definitions
When used in these rules, the terms set forth below have the following definitions:(3-18-22)
01.Agreement. A written document between the association and the Department which defines a specific facility, terms, and conditions of operation to which both parties agree.(3-18-22)
02.Cooperating Association. Any private, nonprofit organization that enters into an agreement with the Department to aid the interpretive, educational, and related visitor service activities of a state park facility in which the cooperating association is authorized to function.(3-18-22)
03.Department. The Idaho Department of Parks and Recreation.(3-18-22)
04.Director. The director of the Idaho Department of Parks and Recreation or his designee. (3-18-22)
05.State Park Facility. A structure or area within an Idaho state park, the entire state park, state park region or state park system.(3-18-22)
IDAPA 26.01.22.011 (Reserved)
IDAPA 26.01.22.050 Purpose of Cooperating Associations
01.Generally.
The purpose of a cooperating association is to assist the Department at a local, regional, or statewide level to enhance the interpretive, educational, and/or related visitor services activities.(3-18-22)
02.Authorized Organizations and Activities. The Department may enter into agreements with private nonprofit scientific, historic or educational organizations for the purpose of providing interpretive services to state park facilities in Idaho. Said associations may provide such services as educational or interpretive material for sale; acquire display materials and equipment for exhibits; provide support for park interpretive programs or environmental education programs; support park facility libraries; provide support for other interpretive projects related to a specific park facility; provide fund raising activities within the park facility; or other specifically approved activities. All proposed services or activities must receive approval of the director prior to the activity taking place.(3-18-22)
IDAPA 26.01.22.051 (Reserved)
IDAPA 26.01.22.100 Criteria for Cooperating Associations
01.Number Limited.
No more than one (1) association may be created on behalf of any park.
(3-18-22)
02.Requirements. Associations are encouraged to incorporate under the laws of the state of Idaho and to attain nonprofit, tax-exempt status under provisions of Section 501(c)3 of the federal Internal Revenue Service tax code, but it is neither a requirement nor a responsibility of the Department. Requirements of an association are that they have, as a minimum, a chairman, vice-chairman, secretary and treasurer, who may also serve on the board of directors of the association. Each association determines the number of association board members. Summary minutes of official association meetings must be forwarded to the Department within thirty (30) days after the meeting. A department representative, designated by the director, is an ex-officio member of the board. Association membership dues may be established by the association.(3-18-22)
IDAPA 26.01.22.101 (Reserved)
IDAPA 26.01.22.150 Department Assistance to Associations
If the association desires, the Department, in its discretion, may provide assistance to the association on an incidental basis. The Department may provide space at a state park facility for the interpretive materials provided by the association.(3-18-22)
IDAPA 26.01.22.151 (Reserved)
IDAPA 26.01.22.200 Agreement Required/Prior Approval of Activities Required
An agreement must be signed between officials of the association and the Department prior to an association undertaking activities enumerated under Subsection 050.02 of this chapter. Agreements signed by officials of the association and the Department are binding on successor officers of the association and the Department. Association activities at a park may not conflict with park resources or objectives, must comply with all applicable statutes, rules and regulations, and are subject to prior approval of the director. Decisions of the director are deemed to be a final decision.(3-18-22)
IDAPA 26.01.22.201 (Reserved)
IDAPA 26.01.22.250 Disposition of Assets and Profits
01.Profits to Benefit Park Facilities.
Any profits received from the sale of publications or other materials provided by an association pursuant to an agreement entered into under these rules must be used by the association for interpretive or educational purposes to benefit the state park facility for which the association provides services.(3-18-22)
02.Dissolution of Association. In the event that the association disbands, dissolves, or the agreement between the association and the Department is terminated for any reason whatsoever, all profits that have accrued to the association as a result of the association/Department agreement must be donated to the Department. The Department will use such assets or profits for interpretive and educational purposes at the designated state park facility.(3-18-22)
IDAPA 26.01.22.251 (Reserved)
IDAPA 26.01.22.300 Accountability
01.Annual Statements Required.
An annual financial statement of the association must be prepared and presented to the department director by May 1 of each year.(3-18-22)
02.Department Not Liable. In no event will the Department be held liable for any debts incurred by the association.(3-18-22)
IDAPA 26.01.22.301 (Reserved)
IDAPA 26.01.22.350 Termination
An agreement between an association and the Department may be terminated upon thirty (30) days written notice by either party to the other at the address for “Notices” listed in the agreement.(3-18-22)
IDAPA 26.01.22.351 (Reserved)
26.01.21 Rules Governing Leasing Practices and Procedures for Recreational Residences Within Heyburn State Park
IDAPA 26.01.21.000 Legal Authority
These rules are promulgated by the Idaho Park and Recreation Board pursuant to Idaho Code, Section 67-4223 and are i ntended to further define and make specific Idaho Code, Section 67-4223 as it pertains to the administration of recreational residence site leases within Heyburn State Park.(3-18-22)
IDAPA 26.01.21.001 Title and Scope
01.Title.
The title of this chapter is cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.21, “Rules Governing Leasing Practices and Procedures for Recreational Residences Within Heyburn State Park.”(3-18-22)
02.Scope. This chapter establishes rules to effectuate the purposes of and aid in the administration of recreational residence site leases within Heyburn State Park.(3-18-22)
IDAPA 26.01.21.002 (Reserved)
IDAPA 26.01.21.010 Definitions
As used in this chapter:(3-18-22)
01.Board. The Idaho Park and Recreation Board, a bipartisan, six (6) member board, appointed by the Governor.(3-18-22)
02.Department. The Idaho Department of Parks and Recreation.(3-18-22)
03.Director. The director and chief administrator of the Department, or the designee of the director.
(3-18-22)
04.Lease. The contract defining the rights and duties of the parties regarding a recreational residence site within Heyburn State Park.(3-18-22)
05.Lease Payment. The annual fee paid by a Lessee to the Lessor.(3-18-22)
06.Lessee. A person who holds a valid lease for a recreational residence site within Heyburn State Park.(3-18-22)
07.Lessor. The Board or it’s authorized representative.(3-18-22)
08.Recreational Residence Site. A particularly described parcel of real property, located within Heyburn State Park and owned by the Department, which has been made available to private individuals through a lease for the purpose of constructing and maintaining a recreational residence.(3-18-22)
IDAPA 26.01.21.011 (Reserved)
IDAPA 26.01.21.050 Lease Term
01.Cottage Site Leases. Leases are issued for a term not to exceed ten (10) years commencing upon January 1 of the year the lease is entered into and ending upon December 31 of the final year of the term. (3-18-22)
02.Float Home Moorage Site Leases. Lease of a float home moorage site may be issued for a period of up to thirty (30) years commencing upon January 1 of the year the lease is entered into and ending upon December 31 of the final year of the term. (3-18-22)
IDAPA 26.01.21.051 (Reserved)
IDAPA 26.01.21.070 Renewal
No lease may include any right of renewal, whether expressed or implied.(3-18-22)
IDAPA 26.01.21.071 (Reserved)
IDAPA 26.01.21.090 Lease Rates
01.Base Rates. Base lease rates are set so as to provide the Department a reasonable return based upon the fair market value of the lease site.(3-18-22)
02.Lease Rate Adjustments. The lease provides for annual adjustments.(3-18-22)
IDAPA 26.01.21.091 (Reserved)
IDAPA 26.01.21.110 Occupancy
01.Recreational Occupancy.
With the exception of those leases that have been grandfathered for fulltime occupancy, the leased premises may be used solely for recreational residential purposes. Use may be intermittent or seasonal but in no event may the residence be occupied in excess of six (6) months in any twelve (12) consecutive months or more than one hundred eighty five (185) days in any three hundred sixty five (365) day cycle.(3-18-22)
02.Full-Time Occupancy. Leases that have been grandfathered for full-time occupancy revert to recreational residential purposes when they are transferred, whether by gift, sale, or devise.(3-18-22)
IDAPA 26.01.21.111 (Reserved)
IDAPA 26.01.21.130 Use
01.Commercial Use Prohibited. Leased premises may not be used for commercial purposes. This includes, but is not limited to, short- or long-term rental for profit, and the conduct of any enterprise of a commercial nature.(3-18-22)
02.Public Use. Heyburn State Park is a public facility that is managed for the use and benefit of the public. Recreational residence leases reserve to the Department and its agents the right of ingress and egress across lease premises. Recreational residence leases preserve the right of the general public to cross the leased premises for any lawful purpose.(3-18-22)
IDAPA 26.01.21.131 (Reserved)
26.01.10 Rules Governing the Administration of Temporary Permits on Lands Owned by the Idaho Department of Parks and Recreation
IDAPA 26.01.10.000 Legal Authority
Idaho Code Section 67-4223(a).(7-1-24)
IDAPA 26.01.10.001 Scope
These rules are intended to set forth the procedures for the adm inistration of temporary permits on lands owned by the department.(7-1-24)
IDAPA 26.01.10.002 (Reserved)
IDAPA 26.01.10.010 Definitions
01.Board.
The Idaho Parks and Recreation Board or such representative as may be designated by the board.(7-1-24)
02.Contract Officer. The person assigned by the director of the Idaho Department of Parks and Recreation that is responsible for the administration of temporary permits on lands owned by the Idaho Department of Parks and Recreation.(7-1-24)
03.Department and IDPR. The Idaho Department of Parks and Recreation.(7-1-24)
04.Director. The director of the Idaho Department of Parks and Recreation or such representative as may be designated by the director.(7-1-24)
05.Grantee. The party to whom a temporary permit is granted and their assigns and successors in interest.(7-1-24)
06.Grantor. The State of Idaho and its assigns and successors in interest.(7-1-24)
07.Park Manager. The person responsible for administering and supervising a specific state park area, or department owned land not yet a state park, as designated by the director of the Idaho Department of Parks and Recreation.(7-1-24)
08.Person. An individual, partnership, association, or corporation qualified to do business in the state of Idaho, and any federal, state, county or local unit of government.(7-1-24)
09.Temporary Permit. An instrument authorizing a temporary use of IDPR owned land for the construction, operation and maintenance of specific typically linear elements including but not limited to power and telephone lines, roadways, driveways, sewer lines, natural gas lines and water lines.(7-1-24)
IDAPA 26.01.10.011 (Reserved)
IDAPA 26.01.10.050 Policy
01.Issuing Authority.
Temporary permits are issued by the director, or designee in lieu of easements, and are required for all activities on, over, through IDPR owned land.(7-1-24)
02.Discretion. The board retains absolute discretion to grant or withhold a temporary permit on land which it owns.(7-1-24)
03.Consent Required. Temporary permits, their amendment, renewal and assignment and all subsequent actions are not valid without the written consent of the director.(7-1-24)
04.Modifications. Temporary permits and subsequent modifications, assignments and renewals require a formal application, and payment of a processing fee to reimburse the agency for staff time devoted to processing the request.(7-1-24)
05.Purpose Compatible. The purpose for which the temporary permit is sought must not interfere with the existing or anticipated values, objectives, or operation of department owned lands.(7-1-24)
06.Compensation. An appropriate compensation for use of department-owned lands, as set out in Section 150 of this chapter, will be paid to IDPR in cash or in the form of offsetting benefits to be determined by the director.(7-1-24)
07.Control. At all times the control of gates, roads and park lands is retained by the State. The permit granted is for the grantee’s use only, is revocable for cause, is issued for a specific period of time, not to exceed ten (10) years, but usually five (5) years or less, and automatically expires if not used for a period of one (1) year.
(7-1-24)
IDAPA 26.01.10.051 (Reserved)
IDAPA 26.01.10.100 Processing Fees
01.Issuance or Modification.
The processing fee for a new temporary permit, or modification of an existing temporary permit, is three-hundred dollars ($300), which needs to be received from all applicants before processing can proceed. The processing fees are designed to offset processing costs and are nonrefundable. (7-1-24)
02.Assignment or Renewal. The processing fee for assignment or renewal of an existing temporary permit is fifty dollars ($50), and needs to be received before processing can proceed. The processing fees are designed to offset processing costs and are nonrefundable.(7-1-24)
IDAPA 26.01.10.101 (Reserved)
IDAPA 26.01.10.150 Compensation
01.Payable in Advance. Cash com pensation for the entire term of the temporary permit will be collected from the applicant prior to issuance.(7-1-24)
02.Cost per Acre. Cash compensation for a temporary permit is charged at a rate set by official board action and vote per acre of IDPR land utilized per year or any portion thereof, and is specified in the temporary permit. Temporary permits of less than one (1) year in duration will not be prorated.(7-1-24)
03.Noncash Compensation. Offsetting (non-cash) compensation for a temporary permit may be approved on an individual basis by the director, and the terms of the agreement will be outlined in the temporary permit.(7-1-24)
04.Nonrefundable. Compensation to IDPR for a temporary permit is non-refundable, except as set out in Subsection 200.08 of this chapter.(7-1-24)
IDAPA 26.01.10.151 (Reserved)
IDAPA 26.01.10.200 Standard Conditions
All temporary permits issued are subject to the following standard conditions:(7-1-24) 01.
Term Limited. The use and term of a temporary permit is limited solely to that specifically stated in the instrument.(7-1-24)
02.Utilities. Except under special circumstances with approval of the director, all utilities need to be installed underground.(7-1-24)
03.Construction, Operation and Maintenance. The grantee will construct, maintain and operate at grantee’s sole expense the facility for which the temporary permit is granted, and maintain the permit site in a condition satisfactory to the Park Manager.(7-1-24)
04.Hold Harmless. The grantee, its agents and contractors must indemnify and hold harmless the department, the state of Idaho and its representatives against and from any and all demands, claims or liabilities of every nature whatsoever, arising directly or indirectly from or in any way connected with the use authorized under the temporary permit.(7-1-24)
05.Withdrawal for Park Use. Should the land be needed for park development or recreation use, the director reserves the right to order the change of location or the removal of any structure(s) or facility(ies) authorized by a temporary permit at any time. Any such change or removal will be made at the sole expense of the grantee, its successors or assigns. When a temporary permit is terminated prior to its stated expiration date pursuant to this provision, the grantee will receive a pro-rata refund of compensation paid.(7-1-24)
06.Permits Not Exclusive. The temporary permit is not exclusive to the grantee, and will not prohibit the department from granting other permits or franchise rights of like or other nature to other public or private entities, nor will it prevent the department from using or constructing roads and structures over or near the lands encompassed by the temporary permit, or affect the department’s right to full supervision or control over any or all lands which are part of the temporary permit.(7-1-24)
07.Cancellation. The director may cancel the temporary permit or amend any of the conditions of the temporary permit if the grantee fails to comply with any or all of the provisions, or requirements set forth or through willful or unreasonable neglect, fails to heed or comply with notices given.(7-1-24)
08.Removal of Facilities. Upon termination of the temporary permit for any reason including cancellation, expiration, or relinquishment, the grantee will have thirty (30) days from the date of termination to remove any facilities and improvements constructed by the grantee, and will restore the permit site to the satisfaction of the park manager. Upon written request, and for good cause shown, the director may allow a reasonable additional time for the removal of improvements and facilities and the restoration of the site.(7-1-24)
IDAPA 26.01.10.201 (Reserved)
IDAPA 26.01.10.250 Special Conditions
Special conditions addressing unique situations may be included in the temporary permit to protect natural or park resources, or to safeguard public health, safety or welfare.(7-1-24)
IDAPA 26.01.10.251 (Reserved)
IDAPA 26.01.10.300 Application Procedure
01.Contents of Application.
A temporary permit application will be completed on the form required by the Department:(7-1-24)
02.Application Submission. Temporary permit applications need to be submitted to the Park Manager of the park in which the permit is requested. The park manager will forward it for processing as outlined in Section 800. of this chapter.(7-1-24)
IDAPA 26.01.10.301 (Reserved)
IDAPA 26.01.10.350 Modification of Existing Temporary Permit
A modification of an existing temporary permit will be p rocessed in the same manner as a new application.
Modification includes change of use, enlarging the permit area, or changing the location of the permit area.
Modification does not include ordinary maintenance, repair, or replacement of existing facilities.(7-1-24)
IDAPA 26.01.10.351 (Reserved)
IDAPA 26.01.10.400 Assignment
Temporary permits issued by the director cannot be assigned without the approval of the director, or designee. To request approval of an assignment, the assignor and assignee will complete the department’s standard temporary permit application/action form and forward it and the assignment fee to the park manager, for processing as outlined in Section 800 of this chapter.(7-1-24)
IDAPA 26.01.10.401 (Reserved)
IDAPA 26.01.10.450 Renewal
Renewal of temporary permits may be sought by compl eting a temporary permit application/action form and forwarding it together with the renewal fee to the park manager for processing as outlined in Section 800 of this chapter. Renewal applications will be submitted at least forty-five (45) days prior to the expiration date of the temporary permit.(7-1-24)
IDAPA 26.01.10.451 (Reserved)
IDAPA 26.01.10.500 Abandonment
A temporary permit not used for the purpose for which it was gran ted for a period of one (1) year is presumed abandoned and will automatically terminate. The director or designee will notify the grantee in writing of the termination. The grantee will have thirty (30) days from the date of the written notice to reply in writing to the director to show cause why the temporary permit should be reinstated. Within thirty (30) days of receipt of the statement to show cause, the director will notify the grantee in writing as to the director’s decision concerning reinstatement. The grantee will have thirty (30) days after receipt of the director’s decision to request to appear before the board as outlined in Section 003 of this chapter. Removal of property from and restoration of the site is governed by Subsection 200.11 of this chapter.(7-1-24)
IDAPA 26.01.10.501 (Reserved)
IDAPA 26.01.10.550 Relinquishment
The Grantee may voluntarily relinquish a t emporary permit any time by submitting a temporary permit application/ action Form to the park manager. Upon relinquishment, removal of property from and restoration of the site is governed by Subsection 200.11 of this chapter.(7-1-24)
IDAPA 26.01.10.551 (Reserved)
IDAPA 26.01.10.600 Expiration
Upon expiration, and absent a request for renewal of the tem porary permit, removal of property from and restoration of the site is governed by Subsection 200.11 of this chapter.(7-1-24)
IDAPA 26.01.10.601 (Reserved)
IDAPA 26.01.10.650 Cancellation
The director or designee may cancel a temporary permit if the grantee fails to comply with any or all of its provisions, terms, conditions, or rules; or through willful or unreasonable neglect, fails to heed or comply with notices given.
(7-1-24)
IDAPA 26.01.10.651 (Reserved)
IDAPA 26.01.10.750 Administration
01.Bureau Responsible.
The IDPR contract officer will be responsible for uniform statewide administration of all IDPR temporary permits.(7-1-24)
02.Disposition of Fees. All processing and compensation fees collected from applicants will be sent to the fiscal section for deposit into the appropriate account.(7-1-24)
03.Status Report. The IDPR contract officer will maintain an up-to-date status report on all temporary permits issued.(7-1-24)
IDAPA 26.01.10.751 (Reserved)
IDAPA 26.01.10.800 Processing
01.Receipt of Application. Upon receipt of a properly filed temporary permit application/action form and t he appropriate application fee, the park manager will review the application and forward it, together with their comments, to the region manager. The region manager will review the application and forward their comments along with the temporary permit application/action package, to the IDPR contract office for processing.(7-1-24)
02.Time. Processing of temporary permit application/action forms will not exceed ninety (90) days from the date of acceptance of a complete application by the park manager. Applications not acted on within ninety (90) days are deemed denied.(7-1-24)
03.Notification. All applicants will be notified in writing, by the contract officer of the approval or denial of their application.(7-1-24)
IDAPA 26.01.10.801 (Reserved)
26.01.33 Rules Governing the Administration of the Land and Water Conservation Fund Program
IDAPA 26.01.33.000 Legal Authority
The Idaho Parks and Recreation Board is authorized under Secti on 67-4223, Idaho Code, to adopt, amend, or rescind rules as may be necessary for proper administration of the department and its programs.(3-18-22)
IDAPA 26.01.33.001 Title and Scope
01.Title.
The title of this chapter is cited in full as Idaho Department of Parks and Recreation Rules, IDAPA 26.01.33, “Rules Governing the Administration of the Land and Water Conservation Fund Program.”
02.Scope. This chapter establishes procedures for the administration of the Land and Water Conservation Fund program, including requirements for project application, eligibility, review, award, and management.(3-18-22)
IDAPA 26.01.33.002 (Reserved)
IDAPA 26.01.33.010 Definitions
As used in this chapter:(3-18-22) 01.2 CFR 200. Uniform Administrative Requirements, Cost Principles, and Audit requirements for Federal Awards as set forth in 2 CFR 200 (Code of Federal Regulations).(3-18-22)
02.Acquisition. The gaining of rights of public use by purchase or donation of fee or less than fee interests in real property.(3-18-22)
03.Alternate State Liaison Officer (ALSO). State official designated by the governor of Idaho to assist the State Liaison Officer in managing the LWCF Program. The State and Federal Grant Manager is the ALSO.
04.Board. The Idaho Parks and Recreation Board, a bipartisan, six (6) member board, appointed by the governor.(3-18-22)
05.Development. The act of physically improving an area or constructing facilities necessary to increase its ability to serve outdoor recreation purposes.(3-18-22)
06.Department. The Idaho Department of Parks and Recreation.(3-18-22)
07.LWCF. The Land and Water Conservation Fund, a federal grant program that provides matching grants to states, and through states to local governments, for the planning, acquisition and development of public outdoor recreation areas and facilities.(3-18-22)
08.LWCF Advisory Committee. Representatives from federal, state and local entities and other subject matter experts with expertise in community development or public outdoor recreation needs.(3-18-22)
09.NPS. The National Park Service.(3-18-22)
10.Open Project Selection Process (OPSP). The decision-making process and criteria by which the Department selects projects for the LWCF funding. The OPSP defines the criteria that propose LWCF projects must meet in order to be eligible for funding and establish priorities to objectively rate competing eligible projects.
11.SCORP. Statewide Comprehensive Outdoor Recreation Plan.(3-18-22)
12.Sponsor. A state or local government agency that solicits a grant from the Department for a project or is responsible for administering the grant of an approved application or completed project.(3-18-22)
13.State Liaison Officer (SLO). State official designated by the governor of Idaho to manage the LWCF Program with the assistance of the Alternate State Liaison Officer. The director is designated as the SLO.
IDAPA 26.01.33.011 (Reserved)
IDAPA 26.01.33.040 Lwcf Advisory Committee Member Selection and Appointment
01.Members.
The advisory committee includes nine (9) members as follows:(3-18-22)
a.Three (3) members are representatives of state and federal agencies with a technical relationship to community development or the outdoor recreation needs in the state.(3-18-22)
b.One (1) member represents a community of five thousand (5,000) population or more.(3-18-22)
c.One (1) member represents a community of five thousand (5,000) population or less.(3-18-22)
d.One (1) member represents the interests of ethnic minorities.(3-18-22)
e.One (1) member represents the interests of the elderly.(3-18-22)
f.One (1) member represents the interests of people with disabilities.(3-18-22)
g.One (1) member must be from the board.(3-18-22)
02.Quorum. A quorum is required to conduct committee business. Five (5) people constitute a quorum.(3-18-22)
03.Appointment and Term. Members are appointed by and serve at the discretion of the board for three (3) funding sessions and may be reappointed.(3-18-22)
IDAPA 26.01.33.041 (Reserved)
IDAPA 26.01.33.050 Grant Cycle
The funding cycle must occur at least once every two (2) years and may occur at any other regular interval within the fiscal year as determined by the state.(3-18-22)
IDAPA 26.01.33.051 (Reserved)
IDAPA 26.01.33.065 Eligible Sponsors
Governmental agencies that are eligible to receive or apply for the grant funds include incorporated cities, counties, state agencies, recreation districts, and other state or local governmental agencies authorized to provide general public recreation facilities.(3-18-22)
IDAPA 26.01.33.066 Eligible Projects
LWCF grants are available to acquire or develop land that i s to be used for outdoor recreation purposes and is to be held in perpetuity for public outdoor recreation uses. The sponsor must have title to or adequate control and tenure of the area to be developed. Projects clearly designed and located to meet identified needs for general public recreation, as well as to provide school districts with outdoor education, physical education, and recreation facilities may be eligible for funding, provided general public recreation is clearly the primary use. Projects must be consistent with the current LWCF Federal Assistance Manual.(3-18-22)
IDAPA 26.01.33.067 Ineligible Projects
Acquisitions or development that do not contribute directly to gen eral public outdoor recreation facilities or activities are ineligible for LWCF funding. Acquisition of leases are not eligible for LWCF funding. The cost to a sponsor of land purchased from another public agency is not eligible for LWCF funding.(3-18-22)
IDAPA 26.01.33.068 (Reserved)
IDAPA 26.01.33.080 Application Procedure
01.Procedure. To be considered for a grant, a sponsor must follow the procedural requirements, file a completed grant application form prior to the stated deadline, propose an eligible project, and submit all other documentation specified in this rule.(3-18-22)
02.Review for Completeness and Eligibility. Materials submitted by the sponsor are reviewed by the Department for completeness and for project eligibility.(3-18-22)
03.LWCF Advisory Committee Rating. The LWCF Advisory Committee rates projects and assists the Department in making funding priority recommendations to the Idaho Park and Recreation Board. To objectively rate competing eligible projects, the committee considers the application, the presentation by the sponsor, and how the project meets the OPSP criteria and established priorities.(3-18-22)
04.Board and NPS Approval. The board reviews and approves a priority list for submission to NPS.
Applications are submitted to NPS according to priority after LWCF moneys have been appropriated by Congress and allocated to the state.(3-18-22)
05.Grant Agreement. Upon approval of a grant application by NPS, the Department will present the sponsor with a grant agreement that identifies eligible costs and obligates the sponsor to a specified project scope.
The sponsor must sign the agreement prior to initiating work on the project. The signed agreement obligates the sponsor to complete all elements of the project as described in the agreement and any applicable approved amendment. The signed agreement must include a proclamation from the sponsor’s governing body committing the project and the sponsor to LWCF requirements in perpetuity.(3-18-22)
IDAPA 26.01.33.081 (Reserved)
IDAPA 26.01.33.100 Fees and Income
01.User Fees. User or o ther types of fees may be charged in connection with facilities developed with LWCF grants, provided that the fees and charges are commensurate with the value of recreation services or opportunities furnished and are in the prevailing range of public fees and charges for the particular activity involved.
Discrimination on the basis of residence, including preferential reservation or membership systems and annual permit systems, is prohibited except to the extent that reasonable differences in admission and other fees may be maintained on the basis of residence.(3-18-22)
02.Nonrecreational Income. Nonrecreational income that accrues to an outdoor recreation area other than the intended recreational use, including income from land management practices, must derive from use that is consistent with, and complementary to, the intended outdoor recreational use of the area. Gross nonrecreational income that accrues during the project period established in the project contract must be used to reduce the total cost of the project. Gross nonrecreational income that accrues subsequent to the ending date identified in the project contracts must be used only to offset the expense of operation and maintenance of the facility.(3-18-22)
IDAPA 26.01.33.101 Sponsor's Matching Share
The sponsor must match a portion of the approved project cost as determin ed by the National Park Service. The sponsor’s share can be either local funds, acceptable state funds, force account (labor or equipment), or donation of privately owned lands, goods or services. All matching funds must meet LWCF Program rules as well as the allowable cost rules under 2 CFR 200.(3-18-22)
IDAPA 26.01.33.102 Appraisal Requirements
A real estate appraisal is required for all land to be acquired. The appraisal must be prepared and paid for by the sponsor. All appraisals must be done according to “Uniform Appraisal Standards for Federal Land Acquisitions.”
NPS requires that the Department has each appraisal reviewed by a qualified appraiser. Any appraisal report that does not meet the basic content requirement or use correct analysis procedures must be corrected to the satisfaction of the Department. All costs are paid by the sponsor.(3-18-22)
IDAPA 26.01.33.103 (Reserved)
IDAPA 26.01.33.300 Fund Allocation
01.Administration Costs. Idaho’s cost of administering the SCORP program, the LWCF program and a contingency fund are deducted from the state’s annual apportionment. The remaining funds are divided fifty percent (50%) for local governmental agencies and fifty percent (50%) for state agencies. This standard may be altered in any year at the discretion of the board.(3-18-22)
02.Allocation by Population.(3-18-22)
a.To assure that the needs of rural areas are met, twenty percent (20%) of the amount dedicated for local governmental agencies is dedicated for use by governmental agencies of five thousand (5,000) population or less. If the cumulative request of the governmental agencies of five thousand (5,000) population or less is more than the twenty percent (20%) of the amount dedicated for local governmental agencies, governmental agencies of five thousand (5,000) population or less may compete for the total remaining allocation.(3-18-22)
b.If the total cost for a single project of a governmental agency with a population of five thousand (5,000) or less requires over one-half (1/2) of the twenty percent (20%) dedicated for use by governmental agencies of five thousand (5,000) population or less, that project will compete with the large governmental agency projects.
c.The board may suspend (through formal action at the board meeting at which LWCF grant requests are considered) any provision of this section if the allocation is too small to warrant viable projects.(3-18-22)
03.Less Than Full Distribution. The board is not required to distribute all available funds. The Department may recommend, and the board determine, to reject projects with evaluation scores so low as to be noncompetitive.(3-18-22)
04.Cost Overruns. Twenty percent (20%) of the total allocation may be held out for needed cost overruns. Any unused funds at the end of the funding cycle are obligated through the normal process.(3-18-22)
IDAPA 26.01.33.301 (Reserved)
IDAPA 26.01.33.515 Project Management and Disbursement of Funds
01.Authorization. Except as otherwise provided herein, the SLO must authorize disbursement of funds allocated to a project through reimbursement basis. The LWCF program is a reimbursement program, which means that the sponsors initially pay all project costs and then seek reimbursement through the Department (3-18-22)
02.Documentation of Property Purchase. Prior to submitting for property acquisition cost reimbursement, the sponsor must document that all deed, title insurance and appraisal requirements are satisfied.
03.Reimbursement. The sponsor must request reimbursement on forms provided by the Department and must include all required documentation. The amount of reimbursement must never exceed the cash expended on the project.(3-18-22)
04.Development Project Contract Requirements. Development projects require competitive bidding and must comply with all local, state and federal requirements.(3-18-22)
05.Records. Project records must be maintained by the state and sponsor for three (3) years after final payment. The material must be maintained beyond the required three (3) year period if audit findings have not been resolved.(3-18-22)
IDAPA 26.01.33.516 (Reserved)
IDAPA 26.01.33.650 Conversion to Other Uses
01.Conversion.
The term “conversion” is used to identify properties that were acquired or developed with LWCF assistance that have been converted from a public outdoor recreation to other than public outdoor recreation uses without prior approval of NPS.(3-18-22)
02.Fees. The sponsor must pay all costs associated with the LWCF conversion process.(3-18-22)
IDAPA 26.01.33.651 (Reserved)
IDAPA 26.01.33.725 Ongoing Sponsor Obligations
01.Permanent Project Signs.
The sponsor is required to install permanent public acknowledgment of LWCF assistance at project sites on at least one (1) prominent location, such as the project site entrance. The sponsor must use the LWCF symbol established and provided by the Department for such acknowledgment. If the sponsor wants to provide a more detailed sign, the Department must approve the sign prior to construction to ensure proper designation.(3-18-22)
02.In Perpetuity. The sponsor must maintain any outdoor recreation use within LWCF boundaries in perpetuity.(3-18-22)
IDAPA 26.01.33.726 (Reserved)
26.01.20 Rules Governing the Administration of Park and Recreation Areas and Facilities
IDAPA 26.01.20.000 Legal Authority
Sections 67-4223 and 67-7115 through 67-7118 Idaho Code.(7-1-24)
IDAPA 26.01.20.001 Scope
This chapter establishes fees for and rules governing the use of lands and facilities administered by the Department and t he winter recreational parking permit; establishes procedures for obtaining individual and group use reservations; sets rules regarding visitor behavior and use of park lands and facilities; and authorizes employees to enforce these rules.(3-18-22)
IDAPA 26.01.20.002 (Reserved)
IDAPA 26.01.20.010 Definitions
01.ADA.
Americans with Disabilities Act(3-18-22)
02.Annual Motor Vehicle Entrance Fee Sticker. A sticker that allows a single motor vehicle to enter Idaho State Parks without being charged a motor vehicle entrance fee.(3-18-22)
03.Annual Motor Vehicle Entrance Fee Sticker Replacement. Replacement due to a motor vehicle sale or damage to an existing annual motor vehicle entrance fee sticker.(3-18-22)
04.Board. The Idaho Parks and Recreation Board, a bipartisan, six (6) member board, appointed by the Governor.(3-18-22)
05.Camping Unit. The combined equipment and people capacity that a campsite or facility will accommodate.(3-18-22)
06.Camping Day.(3-18-22)
a.For individual and group campsites the period between 2 p.m. of one (1) calendar day and 1 p.m. of the following calendar day.(3-18-22)
b.For individual and group facilities, the period between 4 p.m. of one (1) calendar day and 12 noon of the following calendar day.(3-18-22)
07.Campsite.(3-18-22)
a.Individual. An area within a department managed campground designated for camping use by an individual camping unit or camping party that includes a defined area for either a tent pad or RV pad/area and may include a table and/or grill. The definition includes companion campsites.(3-18-22)
b.Group. An area within a department managed campground designated for group camping use or a block of individual campsites designated for group use within a campground primarily managed for individual use.
08.Commercial Motor Vehicle. A vehicle that has seating capacity of more than fifteen (15) persons including the driver, or that is maintained for the transportation of persons for hire, compensation or profit. (3-18-22)
09.Day Use. Use of any non-camping lands and/or facilities between the hours of 7 a.m. and 10 p.m. unless otherwise posted.(3-18-22)
10.Department. The Idaho Department of Parks and Recreation.(3-18-22)
11.Designated Beach. Waterfront areas designated by the park or program manager for water-based recreation activities. The length and width of each designated beach will be visibly identified with signs.(3-18-22)
12.Designated Roads and Trails. Facilities recognizable by reasonable formal development, signing, or posted rules.(3-18-22)
13.Director. The director and chief administrator of the department, or the designee of the director.
14.Division Administrator. An employee, or designee, within the department that has supervisory authority over park and program managers.(3-18-22)
15.Dock and Boating Facility. Floats, piers, and mooring buoys owned or operated by the department.(3-18-22)
16.Encroachments. Non-recreational uses of lands under the control of the board including any utilization for personal, commercial, or governmental use by a non-department entity.(3-18-22)
17.Extra Vehicle. An additional motor vehicle without built-in temporary living quarters or sleeping accommodations registered to a camp site.(3-18-22)
18.Facilities.(3-18-22)
a.Individual. A camping structure within department managed lands designated for use by an individual camping unit.(3-18-22)
b.Group. A camping structure within department managed lands designated for group use. (3-18-22)
c.Day Use. A non-camping area or structure within department managed lands designated for group use during day use periods.(3-18-22)
19.Group Use. Twenty-five (25) or more people, or any group needing special considerations or deviations from normal department rules or activities.(3-18-22)
20.Idaho State Parks Passport. A sticker, purchased from any county Department of Motor Vehicles’ office in the state of Idaho, that matches a particular motor vehicle license number and expiration date, allowing that vehicle to enter Idaho State Parks without being charged a motor vehicle entrance fee.(3-18-22)
21.Idaho State Parks Passport Replacement. Replacement due to a motor vehicle registration transfer or damage to an existing passport.(3-18-22)
22.Motor Vehicle. Every vehicle that is self-propelled except for vehicles moved solely by human power, electric bikes, and motorized wheelchairs.(3-18-22)
23.Motor Vehicle Entrance Fee (MVEF). A fee charged for entry to or operation of a motor vehicle in an Idaho State Park.(3-18-22)
24.Overnight Use. Use of any non-camping lands for the parking of motor vehicles or trailers not associated with a campsite between the hours of 10 p.m. and 7 a.m. unless otherwise posted.(3-18-22)
25.Overnight Use Fee. A fee charged for overnight use of non-camping lands between the hours of 10 p.m. and 7 a.m.(3-18-22)
26.Park or Program Manager. The person, or the person’s designee, responsible for administering and supervising particular lands, facilities, and employees that are under the jurisdiction of the department. (3-18-22)
27.Recreational Vehicle (RV). Includes buses or van type vehicles which are converted to recreation, camping, or sleeping use. It does not include pickup hoods, shells, or canopies designed, created, or modified for occupational use.(7-1-24)
IDAPA 26.01.20.011 Purchase, Expiration, Display and Placement of Mvef and Passport
STICKERS.
01.Daily MVEF.
a.The daily MVEF may be purchased at any Idaho state park or online.(3-18-22)
b.The daily MVEF expires at 10 p.m. on date of purchase or as posted; MVEF for overnight camping use expires upon checkout which is 1 p.m. for a campsite and 11 a.m. for a facility.(7-1-24)
c.The proof of purchase of the MVEF must be visible and properly displayed. (3-18-22)
02.Annual MVEF.(3-18-22)
a.The Annual MVEF may be purchased at any Idaho state park, the department’s central or regional offices, or online. An applicant may, after establishing proof of purchase of the original MVEF, apply at any Idaho state park or at the department’s central or regional offices for a replacement sticker due to damage.(7-1-24)
b.The Annual MVEF expires December 31 of the year issued.(3-18-22)
c.The Annual MVEF sticker must be visible, legible at all times, and permanently affixed to the vehicle as follows. For vehicles with a windshield, the sticker must be clearly displayed on the lower corner of the driver’s side windshield. For vehicles without a windshield, the sticker must be clearly displayed in a similar location.
03.Idaho State Parks Passport.(3-18-22)
a.The Idaho State Parks Passport, or a replacement, may be purchased from any county department of motor vehicles office in the state of Idaho.(7-1-24)
b.Idaho State Parks Passport expires concurrent with the expiration of that vehicle’s registration.
c.Display and placement of the Idaho State Parks Passport sticker must comply with Subsection 011.02.c. of this chapter.(3-18-22)
IDAPA 26.01.20.012 (Reserved)
IDAPA 26.01.20.075 Authority Conferrable on Employees - Enforcement
01.Park or Program Manager Authority.
A park or program manager may enforce all rules, deny entry to, or reservation of, any department day use area, campsite, or facility, to any individual or group whose prior documented behavior has violated department rules, whose activities are incompatible with operations, or whose activities will violate department rules.(7-1-24)
IDAPA 26.01.20.076 (Reserved)
IDAPA 26.01.20.100 Penalties for Violations
Failure of any person, persons, partnership, corporation, concessionaire, ass ociation, society, or any fraternal, social or other organized groups to comply with these rules constitutes an infraction.(3-18-22)
01.Civil Claim. The penalty established in this chapter does not prevent the department from filing a civil claim against a violator to collect damages incurred to lands, resources, or facilities administered by the Department.(3-18-22)
02.Violators. In addition to the penalty provided in chapter, or any other existing laws of the state of Idaho, any person failing to comply with any section of these rules or federal, state, or local laws, rules, or ordinances applicable under the circumstances, is a trespasser upon state land and subject to expulsion from any department managed lands for a period of time not less than forty-eight (48) hours.(3-18-22)
IDAPA 26.01.20.101 (Reserved)
IDAPA 26.01.20.150 Use of Motor Vehicles
Except where otherwise provided, motor vehicles may enter or be operated in park and recreation areas and facilities only upon payment of the motor vehicle entrance fee or display of a valid Idaho state Parks Passport or Annual Motor Vehicle Entrance Fee sticker. All motor vehicles must stay on authorized established department roadways or parking areas except for trails and areas which are clearly identified by signs for off-road use. Drivers and motor vehicles operated within lands administered by the department must be licensed or certified as required under state law. The operators of all motor vehicles must comply with the motor vehicle entrance fee requirements, speed and traffic rules of the department, and all other federal, state, local laws, and ordinances governing traffic on public roads. (3-18-22)
01.Snowmobile Operation. No person may operate a snowmobile on any regularly plowed park road unless authorized by park or program manager. Access on non-plowed roads and trails are only permitted when authorized by the park or program manager.(3-18-22)
02.Obedience to Traffic Direction. No person may willfully fail or refuse to comply with any lawful order or directions of any park employee invested with authority to direct, control, or regulate traffic within a state park.(3-18-22)
03.Restrictions. The operation of motor vehicles within a designated campground is restricted to ingress and egress to a campsite or other in-park destination by the most direct route.(3-18-22)
04.Official Use. This rule does not prohibit official use of motor vehicles by department employees anywhere within lands administered by the department.(3-18-22)
05.Commercial Motor Vehicle. Commercial motor vehicles may only enter or be operated in park and recreation areas and facilities upon payment of the appropriate daily fee.(3-18-22)
IDAPA 26.01.20.151 Parking Violations
01.Land or Facilities Administer ed by the Department. No person may stop, stand, or park a motor vehicle or trailer anywhere within land or facilities administered by the department unless proof of payment of all required fees or other lawful authorization for entry is plainly visible and properly displayed.(3-18-22)
02.Designated Campgrounds. No person may stop, stand, or park a motor vehicle within designated campgrounds unless proof of payment of the applicable campsite fees is plainly visible and properly displayed.
03.Designated Overnight Use Area. Except for authorized campers, no person may stop, stand, park, or leave a motor vehicle or trailer unattended outside day use hours unless the motor vehicle or trailer is in a designated overnight use area and proof of payment of the overnight-use fee is plainly visible and properly displayed.
04.Fee Collection Surcharge. Any person stopping, standing, or parking a motor vehicle or trailer without payment or properly displaying proof of payment of all required fees is subject to the fee collection surcharge as provided in Subsection 225.06 and Section 245 of this chapter.(3-18-22)
05.Citations for Violations. Citations for violations of this section may be issued to the operator of the motor vehicle. If the operator cannot be readily identified, the citation may be issued to the registered owner or lessee of the motor vehicle, subject to the provisions of Section 67-4237, Idaho Code.(3-18-22)
IDAPA 26.01.20.152 (Reserved)
IDAPA 26.01.20.175 Public Behavior
01.Resisting and Obstructing a Park Employee. Perso ns may not willfully resist, delay, obstruct, or interfere with any park employee in his or her duties to protect the state’s resources and facilities and to provide a safe place to recreate.(3-18-22)
02.Day Use. Between the hours of 10 p.m. and 7 a.m., unless otherwise posted, all personal property must be removed from day use areas.(3-18-22)
03.Quiet Hours. Within lands administered by the department, the hours between 10 p.m. and 7 a.m. are considered quiet hours unless otherwise posted. During that time, users are restricted from the production of noise that may be disturbing to other users.(3-18-22)
04.Noise. Amplified sound, poorly muffled vehicles, loud conduct, or loud equipment are prohibited within lands administered by the department, except in designated areas or by authority of the park or program manager.(3-18-22)
- Pets. Pets are allowed within lands administered by the department only if confined or controlled on a leash not longer than six (6) feet in length. No person may allow their pet to create a disturbance which might be bothersome to other users. Excepting persons with disabilities who are assisted by service animals, no person may permit their pet animals to enter or remain on any swim area or beach. Pet owners are responsible to clean up after their animals. Pet owners may not leave pets unattended. Areas for exercising pets off leash may be designated by the park or program manager. Department employees may impound or remove any stray or unattended animals at the owner’s expense. (3-18-22)
06.Fires. The use of fires is restricted to fire rings, grills or other places otherwise designated by the park or program manager. All fires must be kept under control at all times and must be extinguished before checking out of the campsite or whenever fire is left unattended. Areas may be closed to open fires during extreme fire danger.
07.Fireworks. No person may use fireworks of any kind within lands administered by the department, except under special permit issued by the director for exhibition purposes, and then only by persons designated by the director.(3-18-22)
08.Protection of Wildlife. All molesting, feeding, injuring, or killing of any wild creature is strictly prohibited, except as provided by action of the board and as established in board policy. Persons in possession of wildlife, which may be legally taken within state park boundaries, must comply with Idaho Fish and Game rules.
09.Protection of Historical, Cultural and Natural Resources. The digging, destruction or removal of historical, cultural or natural resources is prohibited. Collection for scientific and educational purposes may be allowed through a permit.(3-18-22)
10.Personal Safety, Firearms. No person may purposefully or negligently endanger the life of any person or creature within any land administered by the department. No person may discharge firearms or other projectile firing devices within any lands administered by the department, except as follows: in the lawful defense of person, persons, or property; in the course of lawful hunting; for exhibition; or at designated ranges as authorized by the director.(3-18-22)
11.Non-traditional Recreational Activities. Non-traditional recreational activities such as model airplane and glider operations, geo-caching, gold panning, drone operation, and metal detecting may be authorized by the park or program manager if such activiti es do not interfere with traditional uses of the park and are consistent with preservation of park resources.(3-18-22)
IDAPA 26.01.20.176 (Reserved)
IDAPA 26.01.20.200 Camping
01.Occupancy and Capacity.
a.Occupancy. Camping is permitted only in designated campsites, areas, or facilities. A campsite or facility will be determined occupied only after all required fees have been paid, registration information completed, and all permits properly displayed. Unique circumstances may arise, and specific sites or facilities by virtue of design may require exceptions to the capacity limits.(3-18-22)
b.Campsite Capacity. Maximum capacity limits on each campsite are subject to each site's design and size. Unless otherwise specified, and provided the combined equipment and people fit within the designated camping area of the site selected, the maximum capacity will be one (1) family unit or a party of no more than eight (8) persons, two (2) tents and two (2) motor vehicles. No more than one (1) RV may occupy a site. Two (2) motorcycles are the equivalent of one (1) motor vehicle when determining campsite capacity. Each motorcycle will be subject to the MVEF. In general, companion campsites have double the capacity listed above.(3-18-22)
c.Facility Capacity. Maximum capacity limits on each facility are based on facility design, size, and applicable occupancy code.(3-18-22)
02.Self Registration. In those areas so posted, campers must register themselves for the use of campsites and facilities, paying all required fees as provided for herein and in accordance with all posted instructions.
03.Length of Stay. Except as provided herein, no person, party or organization may be permitted to camp on any lands administered by the department for more than fifteen (15) days in any thirty (30) consecutive day period. This applies to both reservation and “first come first served” customers. The department operations division administrator may authorize shorter or longer periods for any individual area.(3-18-22)
04.Registration. All required fees must be paid, registration information completed, and all permits properly displayed prior to occupying a campsite or facility. Saving or holding campsites or facilities for individuals not physically present at the time of registration for “first come first served” camping is prohibited.(3-18-22)
05.Condition of Campsite. Campers must keep their individual or group campsite or facility and other use areas clean.(3-18-22)
06.Liquid Waste Disposal. All gray water and sewage wastes must be held in self-contained units or collected in water-tight receptacles in compliance with state adopted standards and dumped in sanitary facilities provided for the disposal of such wastes.(3-18-22)
07.Motorized Equipment. No generators or other motorized equipment emitting sound and exhaust are permitted to be operated during quiet hours.(3-18-22)
08.Campsite Parking. All motor vehicles and trailers, must fit entirely within the campsite parking pad/area provided with the assigned individual or group campsite or facility. All equipment that does not fit entirely within the designated campsite parking area must be parked at another location within the campground, or outside the campground, as may be designated by the park or program manager. If no outside parking is available, the park or program manager may require the party to register on a second campsite, if available.(3-18-22)
09.Equipment. All camping equipment and personal belongings of a camper must be maintained within the assigned individual or group campsite or facility perimeter.(3-18-22)
10.Check Out. Customers are required to clean, vacate, and check out of registered campsites or faci lities as follows:(3-18-22)
a.Individual or group campsite by 1 p.m. of the day following the last paid night of camping.
b.Individual or group facility by 11 a.m. of the day following the last paid night of camping. (7-1-24)
11.Visitors. Individuals visiting campers must park in designated areas, except with permission of the park or program manager. Visitors must conform to established day use hours and day use fee requirements.
12.Responsible Party. The individual reserving or registering to use an individual or group campsite or facility is responsible for ensuring compliance with the rules within this chapter.(3-18-22)
13.Camping. Camping in individual or group facility sites is prohibited unless in areas specifically designated for camping or by authorization of the park or program manager.(3-18-22)
IDAPA 26.01.20.201 Boating Facilities
The provisions of this section do not apply to departm ent-operated marinas which provide moorage on a lease or long-term rental basis.(3-18-22)
01.Moorage and Use of Marine Facilities. No person or persons may moor or berth a vessel of any type in a department-owned or operated park or marine area that is signed for other use. Vessel moorage is limited to no more than fifteen (15) days in any consecutive thirty (30) day period.(3-18-22)
02.Moorage Fees. Vessels moored between 10 p.m. and 7 a.m. at designated facilities will be charged an overnight moorage fee.(3-18-22)
03.Use of Onshore Campsites. If any person or persons from a vessel moored at a department boating facility also occupies any designated campsite onshore, all required fees for such campsite(s) must be paid in addition to any moorage fee provided herein.(3-18-22)
04.Self-Registration. In those areas so posted, boaters must register themselves for the use of marine facilities and onshore campsites, paying all required moorage and campsite fees as provided for herein and in accordance with all posted instructions.(3-18-22)
IDAPA 26.01.20.202 Overnight Use
01.Occupancy.
Overnight use is permitted only in designated areas. Overnight use is only allowed after all required fees have been paid, registration information completed, and all permits properly displayed.
02.Overnight Use Fees. Motor vehicles or trailers not associated with campers between 10:00 p.m. and 7:00 a.m. at designated facilities will be charged an overnight use fee.(3-18-22)
03.Self Registration. In those areas so posted, overnight users must register themselves for the use of overnight use areas, paying the appropriate fees as provided for herein and in accordance with all posted instructions.
04.Length of Stay. Except as provided herein, no person, party, or organization may be permitted to utilize overnight use areas on any lands administered by the department for more than fifteen (15) days in any thirty (30) consecutive-day period. This applies to both reservation and “first come first served” customers. The director may authorize shorter or longer periods for any individual area.(3-18-22)
05.Registration. All required fees must be paid, registration information completed, and all permits properly displayed prior to occupying an overnight use area.(3-18-22)
06.Check Out. Overnight users are required to check out by 1 p.m. of the day following the last paid overnight of use.(3-18-22)
07.Responsible Party. The individual purchasing an overnight use permit or the registered owner of the motor vehicle or trailer is responsible for ensuring compliance with the rules within this chapter.(3-18-22)
08.Overnight Use. Overnight use is prohibited except in areas specifically designated for overnight use or by authorization of the park or program manager.(3-18-22)
IDAPA 26.01.20.203 Waterfront Areas
01.Swimming. Swimming or water contact is at an individual’s own risk.(3-18-22)
02.Restrictions on Designated Beaches. No glass containers or pets are allowed on designated beaches or swim areas.(3-18-22)
03.Restricted Areas. Vessels must remain clear of designated beaches and other areas signed and buoyed for public safety.(3-18-22)
04.Ramps and Docks. The use of docks located next to boat ramps is limited to the active launching and loading of boats.(3-18-22)
05.Compliance with Laws. Vessels operating on public waters administered by the department must fully comply with the Idaho Safe Boating Act, Title 67, Chapter 70 and the Marine Sewage Disposal Act, Title 67, Chapter 75, Idaho Code, and the rules promulgated thereunder. The director may establish rules prohibiting the use of boat motors or to limit the horsepower capacity on those vessels operating on waters administered by the department.
IDAPA 26.01.20.204 Winter Recreation Programs
The department manages two winter recreation programs : the winter access program which provides for recreation within state parks and the winter recreational parking pass program which provides for recreation outside of state parks.(3-18-22)
01.Winter Access Program. The purpose of the winter access program is to fund state park services such as maintaining parking areas, providing warming facilities and winter-accessible restroom facilities, regularly grooming trails, signing ski routes, and having ski patrol services available. Any person using winter access program facilities must purchase and properly display a daily or season pass. Winter access program areas are designated by board policy.(3-18-22)
02.Winter Recreational Parking Permits. The purpose of the winter recreational parking permit program, known as “Park N Ski”, is to designate winter recreational parking locations and use the funds from permit sales to maintain the designated parking areas. Winter recreational parking areas are designated by board policy.
a.Designation of Primary Use Area. The purchaser of a permit will be allowed to designate on the appropriate form, a primary winter recreational parking use area. The full portion of fees not allocated to the vendor or the department will be apportioned to the designated use area. Should a purchaser fail to designate a primary use area, those fees will be apportioned to a use area determined by the department.(3-18-22)
b.Parking Restrictions. No person may park a vehicle in a designated winter recreational parking location in such a manner as to deprive other users of reasonable access to all or part of the remainder of that parking area.(3-18-22)
c.Replacement Permits. No person may file or attempt to file for a duplicate annual winter recreational parking permit unless the original permit was stolen or destroyed. A temporary three (3) day winter recreational parking permit which is lost, stolen, or destroyed will not be reissued.(3-18-22)
d. Transfer. No person may transfer or attempt to transfer an annual winter recreational parking permit decal or a temporary three-day permit from the vehicle upon which it was legally permitted and placed.(3-18-22)
IDAPA 26.01.20.205 (Reserved)
IDAPA 26.01.20.225 Fees and Services
01.Authority.
a.All fees in this chapter are maximum fees unless otherwise stated. The board has the authority to set actual fees by board policy.(3-18-22)
b.Park and program managers have the authority to set fees for goods available for resale, equipment rentals, and services provided by employees to enhance the users experience unique to the individual park or program.(3-18-22)
02.Payment. Visitors must pay all required fees.(3-18-22)
03.Camping. Camping fees include the right to use designated campsites and facilities for the period camp fees are paid. Utilities and facilities may be restricted by weather or other factors.(3-18-22)
04.Group Use.(3-18-22)
a.Groups of twenty-five (25) persons or more, or any group needing special considerations or deviations from these rules must obtain a permit. Permits may be issued after arrangements have been made for proper sanitation, population density limitations, safety of persons and property, and regulation of traffic. (3-18-22)
b.Permits for groups of up to two hundred fifty (250) people may be approved by the park manager with thirty (30) days advance notice. Permits for groups of two hundred fifty (250) or more people may be approved by the director with forty-five (45) days advance notice.(3-18-22)
c.Group use fees for day use facilities, general use areas, and events may be negotiated by the park or program manager and will generally not fall below the cost of providing services. MVEF is required unless specifically waived by the park or program manager.(3-18-22)
05.Fees and Deposits. Fees and deposits, including cleaning fees or damage/cleaning deposits, may be required for certain uses or the reservation of certain facilities unique to an individual park. Where deposits are required, they are to be paid prior to check-in(3-18-22)
06.Fee Collection Surcharge. A surcharge may be added to all established fees when the operator of a motor vehicle or responsible party of a camping unit fails to pay all required fees or fails to properly display proof of payment for required fees prior to entering a park area or occupying a campsite. If the surcharge is assessed, and the operator of the vehicle or responsible party is not present, all required fees in addition to the surcharge will be assessed against the registered owner of the motor vehicle or camping unit.(3-18-22)
07.Admission Fees. An admission fee may be charged for internal park facilities which provide an educational opportunity or require special accommodations.(3-18-22)
08.Cooperative Fee Programs. The department may collect and disperse fees in cooperation with fee programs of other state and federal agencies.(3-18-22)
09.Encroachment Permit Application Fee. The department may assess an encroachment application fee as set by the board to cover administrative costs incurred by the department in reviewing the application and the site, and in preparing the appropriate document(s).(3-18-22)
10.Returned Checks. The cost to the agency for returned checks will be passed on to the issuer of the insufficient funds check.(3-18-22)
IDAPA 26.01.20.226 (Reserved)
IDAPA 26.01.20.245 Fee Schedule: Fee Collection Surcharge
Fee Collection Surcharge$35/day
IDAPA 26.01.20.246 (Reserved)
IDAPA 26.01.20.247 Fee Schedule: Entrance
IDAPA 26.01.20.248 (Reserved)
IDAPA 26.01.20.250 Fee Schedule: Individual Campsite or Facility
IDAPA 26.01.20.251 (Reserved)
IDAPA 26.01.20.254 Fee Schedule: Group Campsite or Facility
Group Facility Fees. Reservation service fee, designated group campground or facility.
Daily MVEF$10/day/vehicle Annual MVEF$100/year/vehicle Annual MVEF Replacement $5/vehicle Commercial Motor Vehicle Entrance $100/day/vehicle Admission $20/person Basic Campsite: site may have water$34/day Electric Campsite: site has electricity and may have water$42/day Full Hook-up Campsite: site has electricity, water, and sewer$46/day Companion Campsite: site has electricity and may have water$84/day Hike-in/Bike-in Campsite$12/person/day Extra Vehicle$8/day Overnight Use of Parking Areas $20/night/vehicle, trailer, or vehicle with attached trailer Use of Campground Showers by Non-campers$3/person/day Camping Cabins and Yurts$500/night Each additional person above the base occupancy of camping cabin or yurt$12/person/night Pets$15/pet/night Cleaning$50 Reservation Service Charge (non-transferable, non-refundable)$50 Group use of day use facility, overnight facility, or group camp (set by park or program manager)
Varies
IDAPA 26.01.20.255 (Reserved)
IDAPA 26.01.20.256 Fee Schedule: Boating Facilities
Boating Facilities:
( 7-1-26)
IDAPA 26.01.20.257 (Reserved)
IDAPA 26.01.20.275 Criteria for Reservations
01.Responsible Party.(3-18-22)
a.The person booking reservations for an individual campsite or facility is responsible for ensuring compliance with the rules within this chapter.(3-18-22)
b.The person booking reservations for multiple individual campsites is designated the group leader and is responsible for ensuring compliance with the rules within this chapter. The group leader may approve another person to register for a campsite as the primary occupant prior to check-in or at the park. Once the primary occupant registers for the campsite, the primary occupant becomes the responsible party.(3-18-22)
c.The person booking reservations for a group campsite or facility is designated the group leader and is responsible for ensuring compliance with the rules within this chapter.(3-18-22)
02.Reservation Service Charges, Individual or Group Campsite or Facility. Reservations are nontransferable (from one party to another). Reservation fees are non-refundable. (3-18-22)
a.A reservation service charge may be assessed for each individual or group campsite or facility reserved.(3-18-22)
b.The service charge for an individual campsite or facility will be waived for campers with a current Idaho RV registration sticker and reimbursed to the department by the RV Program.(3-18-22)
03.Cleaning Fee. A cleaning fee or a damage/cleaning deposit may be required by the park or program manager as a condition of reservation.(3-18-22)
04.Confirmation Requirements.(3-18-22)
a.Confirmation of an individual campsite or facility reservation. Full payment of all required fees must be made before a reservation is confirmed.(3-18-22)
Each additional person above the base occupancy of the overnight facility$12/person/night Vessel Launching MVEF or $10/ day/vessel Overnight moorage at dock or buoy, person staying at campsite or facility and not staying on the vessel $10/night Overnight moorage at dock, person staying on vessel$10/night Overnight moorage at buoy, person staying on vessel$10/night
b.Confirmation of a designated group campground, group campsite, or group facility reservation.
Before a reservation is confirmed, the group leader must:(3-18-22)
i.Supply primary occupant (point of contact) name, address, and phone number for multiple bookings of individual campsites for a group.(3-18-22)
ii.Pay all required fees for each campsite or facility reserved.(3-18-22)
05.Reservation Modifications. A reservation service fee will be assessed for any modification to a previously made reservation that involves reducing the planned length of stay, or to change the reservation dates where part of the new stay includes part of the original stay booked (rolling window). Modifications that change the original stay so that no part of the new stay includes part of the original stay are to be considered a cancellation and re-book will be mandatory to keep a reservation. With the exception of the reservation service charge as defined in Section 276, any overpaid fees will be reimbursed at the time the reservation is modified.(3-18-22)
06.Reservation Cancellations.(3-18-22)
a.Individual Campsite or Facility. A reservation service fee will be assessed for the cancellation of a reservation. This service fee will be assessed for each campsite or facility involved. If the customer cancels after the scheduled arrival date the customer forfeits all usage fees for the time period already expired. Cancellations received after check-in time will result in the forfeiture of that day’s usage fees for the campsite or facility. At no time will the customer be charged a cancellation fee that exceeds the amount originally paid. The IDPR or its reservation service provider may cancel a customer’s reservation for insufficient payment of fees due. With the exception of the reservation service fees, all fees paid will be reimbursed at the time the reservation is cancelled.(7-1-24)
b.Park Board Designated Special Use Campsites and Facilities. A reservation service fee will be assessed for the cancellation of a reservation. If a cancellation for a group facility occurs twenty-one (21) or fewer calendar days prior to arrival, the customer forfeits the first night or daily facility usage fees (base rate). If a cancellation for a group facility occurs more than twenty-one (21) calendar days prior to arrival, a cancellation charge will be assessed. If the customer cancels after the arrival date the customer forfeits all usage fees for the time period already expired. Cancellations received after checkout time will result in the forfeiture of that day’s usage fees for the campsite or facility. At no time will the customer be charged a cancellation fee that exceeds the amount originally paid. The department or its reservation service provider may cancel a customer’s reservation for insufficient payment of fees due. An individual site cancellation fee applies to each campsite in a group campground. With the exception of the reservation service fees, all fees paid will be reimbursed at the time the reservation is cancelled.(3-18-22)
07.Insufficient Payment. The department may cancel a customer’s reservation for insufficient payment of fees due.(3-18-22)
IDAPA 26.01.20.276 Fee Schedule: Reservations
Reservation Service Charge, individual campsite or facility Current RV sticker or $10/campsite or Reservation Service Charge, group reservation for campsite or facility$25 Modification $10/campsite or Cancellation, individual campsite or facility, prior to check-in time $10/campsite or Cancellation, individual campsite or facility, after check-in timeFirst night’s fee
IDAPA 26.01.20.277 (Reserved)
IDAPA 26.01.20.400 Park Capacities
Where applicable, park or program managers may limit or deny access to an area whenever it has reached its designated capacity.(3-18-22)
IDAPA 26.01.20.401 (Reserved)
IDAPA 26.01.20.500 Livestock
Grazing of livestock is not permitted within lands administ ered by the department. Exceptions may be made by the board for grazing permits or otherwise permitting the use of lands administered by the department for livestock. The use of saddle or other recreational livestock is prohibited on trails, roadways, and other areas unless designated through signing for that purpose or with permission of the park or program manager.(3-18-22)
IDAPA 26.01.20.501 (Reserved)
IDAPA 26.01.20.577 Spreading of Human Ashes
Persons may spread human ashes on lands owned by the Idaho Department of Parks and Recreation. The exact location must be pre-approved by the park or program manager. Persons may not spread ashes in the water within a state park. The department does not assign or convey any rights or restrictions by allowing the placement of ashes on the land, and there are no restrictions in the ability of the landowner to operate, develop, or otherwise use the land at their sole discretion without any obligation associated with the placement of ashes on the land.(3-18-22)
IDAPA 26.01.20.578 (Reserved)
IDAPA 26.01.20.625 Advertisements/Promotions/Demonstrations
01.Printed Material. Pu blic notices, public announcements, advertisements, or other printed matter may only be posted or distributed in a special area approved by the park or program manager.(3-18-22)
02.Political Advertising. Political advertising is strictly prohibited within any lands administered by the Department.(3-18-22)
03.Demonstrations. Public demonstrations are limited to areas approved by the park or program manager and subject to an approved permit issued after arrangements for sanitation, population density limitations, safety of persons and property, and regulation of traffic are made.(3-18-22)
IDAPA 26.01.20.626 (Reserved)
IDAPA 26.01.20.650 Authorized Operations
No person, firm, or corporation may operate any concession, business, or enterprise within lands administered by the Department without written permission or permit from the board. No person(s), partnership, corporation, association or other organized groups may:(3-18-22)
01.Beg or Solicit for Any Purpose.(3-18-22)
02.Game or Operate a Gaming Device of Any Nature.(3-18-22)
Cancellation, special use campsite or facility, more than 21 days in advance$50/facility Cancellation, special use campsite, individual campsite or facility, 21 days or less in advance First night’s or daily usage fee
03.Abandon Any Property. Leave any property on department lands. Leaving property is prohibited unless registered in a campsite or permitted by the park or program manager. Property left on department lands for more than twenty-four (24) hours may be removed at the owner’s expense.(3-18-22)
IDAPA 26.01.20.651 (Reserved)
IDAPA 26.01.20.675 Department Responsibility
The department is not responsible for damage to, or theft of perso nal property within lands administered by the department. All visitors use facilities and areas at their own risk.(3-18-22)
IDAPA 26.01.20.676 (Reserved)
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