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Division legal counsel: OHV grant applicants must meet strict statutory pre-scoring eligibility
Summary
Acting legal counsel Nicole Hannah told the Off-Highway Vehicle Advisory Council that grant applicants must meet non-discretionary statutory thresholds—corporate registration and bylaws aligned to OHV purposes—before council scoring can occur.
Nicole Hannah, acting legal counsel for the Division of Outdoor Recreation, told the council that pre-scoring eligibility for the Off-Highway Vehicle Recreation (OHVR) grant program is a strict legal gateway. "It is the applicants responsibility to demonstrate eligibility," she said, adding that if an applicant fails to meet statutory thresholds staff cannot legally advance the application to the advisory council for merit scoring.
The briefing spelled out two concrete requirements for non-state applicants: registration under Utah Chapter 6A corporate code (or a valid foreign registration/DBA) and bylaws or articles of incorporation that explicitly state a corporate purpose supporting OHV recreation. Hannah and staff emphasized that DOR staff—not the advisory council—first determines legal eligibility, meaning compliance failures stop an application regardless of project quality. The clarification affects any group seeking state grant funds and follows audit recommendations to tighten pre-award compliance.
