Division legal counsel: OHV grant eligibility is a strict, non-discretionary gateway

Nicole Hannah, division legal counsel for the Utah Division of Outdoor Recreation, told the Off-Highway Vehicle Advisory Council on June 17 that "it is the applicants responsibility to demonstrate eligibility," and that eligibility constitutes a "strict, non-discretionary legal gateway" for the OHVR grant program.

Hannah outlined the dual-prong requirements for non-state applicants: registration under Utah Chapter 6A corporate code (or registration as a foreign corporation with a valid Utah DBA) and organizational bylaws/articles that explicitly state a corporate purpose supporting OHV recreation. She emphasized that if an applicant fails to meet statutory thresholds, DOR staff cannot legally forward the application to the advisory council for scoring, regardless of project quality. The briefing also clarified that DOR may assess an organization’s public corporate footprint to verify alignment with an OHV purpose but does not review private member pages.

The council discussed enforcement and compliance concerns after Hannah’s presentation, including the program’s reliance on vehicle registration funds and the importance of clear documentation in applications. The division’s role in determining statutory eligibility was distinguished from the advisory council’s discretionary role in scoring project merits.