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Division attorney: eligibility, incorporation and OHV intent determine who can receive OHV grants
Summary
The Division of Outdoor Recreation'0law attorney told the OHV Advisory Council that grant eligibility is decided before scoring: applicants must be agencies, political subdivisions or Utah-registered nonprofits that demonstrably promote motorized recreation. Staff illustrated how bylaws, incorporation and past project work are used to verify intent.
Nicole, the division attorney, told the council the grant program separates legal eligibility from merit scoring, and eligibility must be established before a proposal'0is scored. "If we can't establish eligibility, it doesn't really matter how good the project is. We can't legally fund it," she said.
Nicole walked members through the two-path eligibility framework: an applicant is eligible if it is (1) a federal or state agency or political subdivision, or (2) a nonprofit incorporated in Utah whose articles and bylaws and track record show it promotes OHV recreation. She said DOR relies on corporate filings at the Division of Corporations, articles of incorporation and bylaws, site visits, board records and evidence of past OHV projects to form a determination.
Council members pressed on practical signals of intent and the use of public-facing materials in decisions. Brody Johnson, an ATV representative, asked whether out-of-state organizations could participate; Nicole said they can if they also register and incorporate in Utah. Members also flagged concerns about organizations that receive grants but later appear to change practices; Nicole said contract provisions and post-award audits can and do address breaches.
The division used a recent case study to illustrate the test: a foundation initially incorporated outside Utah agreed to register in the state and produced evidence of OHV projects and partnerships (including a large Polaris partnership). After review, staff concluded the foundation could be eligible, but said each applicant requires document review and follow-up. "They aren't doing anything that would be detrimental to motorized or OHV recreation," Nicole said about the foundation's work.
The council asked staff to consider clearer application guidance (for instance, stronger prompts about organizational history) and to propose practical checks (site visits, confirmation of corporate filings) before the scoring stage. The presentation closed with staff offering to provide specific grant-agreement language that addresses post-award breaches and remedies.
