Home‎ > ‎

OHMVR GRANT

Public Notice 10/22/19:  

The State does not trust Non-Profits anymore.  The State’s decisions show that they will arbitrarily interpret existing regulations contrary to the interests of Non-Profits – which makes our Club’s finances unpredictable. We cannot subject our Club to this financial riskFurther, we all have jobs and other things in our lives that we find important.  We were using the grants to make a real difference – to perform work that otherwise could not be performed with the resources available.  But our volunteerism is supposed to be fun. The additional requirements imposed by the State and the stress caused by arbitrary decisions and uncertainty has removed all the fun.  We do not need the Grant Program to continue our volunteerism for the Sierra National Forest.  Accordingly, we have decided that it is in the Club’s best interest to get out of the grant and any future grants with the State. They can keep the $97,000 we were awarded for the G18 Grant.  I attach a copy of our letter to the State for your files.

 

We will still maintain the trails we adopted, but our ability to provide equipment and supplies will be substantially limited.  At last night’s adopt-a-trail meeting, discussion was had concerning prior planning of the work that the OHV clubs would like to perform and the tools, equipment, and materials that would be required from the USFS to accomplish same.  We think this is a wonderful idea and, if we can work with a 2 year vision, you can tailor your future grants to allow these projects to be accomplished.  We look forward to working with you in this process and are happy to assist in any way we can. 

 

To conclude on a positive note, we will develop a list of projects we would like to accomplish over the next several years on the Bald Mountain, Brewer Lake and South Tamarack Trails so they can be included as part of your G19 and/or G20 grant application. CI4W will continue to maintain these trails under the Adopt-A-Trail program.  And our volunteer hours will not count as match for your grant.


What brought us to this point?

Clovis Independent 4 Wheelers were notified June 06, 2019:

Hi Mike,

Just wanted to recap and clarify our conversation from earlier today…

As a result of findings from a recent audit, the OHV division must take a prescribed approach in regards to fuel and transportation costs for grant cycles prior to G18.  Below is the quote we discussed  from the 2017-2018 (G16) Grant Cycle Regs(PG 17):

“(10) Transportation costs for moving Equipment, material, and personnel from base of operations to project sites (excluding moving and relocation expenses resulting from changes in assignments),”

 From this, transportation costs were allowed from grantee’s “base of operations”.  However, for non-profits, the OHV Division defines the “Base of Operations” to be the project site.  Therefore, any costs associated with transportation to/from the project site is not allowable.

At this point, I need for you to go through the receipts you provided for the G16-04-83-G01 project and eliminate fuel/other transportation costs which are associated with travel/transportation outside of the defined project area.

For any further questions on this, you are welcome to contact the Grants Unit Supervisor Martha Ibarra or Grants Unit Manager Sixto Fernandez.

Thanks,

Ross Woolley, Grant Administrator

California State Parks

Off-Highway Motor Vehicle Recreation Division

1725 23rd Street, Suite 200

Sacramento, California 95816

916-324-1584 (Desk)

916-272-4167 (Cell)

Ross.Woolley@parks.ca.gov

Hi Mike,

 

It’s been a while since we’ve touched base and I wanted to check back on the email/phone call we had last month.  Have you been able to identify the fuel charges associated with transportation to/from the project site(s)? I need to move forward with the close out on this project, and Management has instructed me to process the close out without the fuel charges (which would then require a refund to the division). 

 

I was hoping you had a chance to look at this and figure out the fuel charges so I can count it toward the project costs.  I will proceed with closeout of this project after 5pm on Friday 8/9.  Please provide the documentation by this date.

Feel free to call me with any questions.

Thanks,

Ross Woolley, Grant Administrator

916-324-1584 (Work)

916-272-4167 (Cell)

Ross.Woolley@parks.ca.gov


Mr. Woolley,

Just to ensure we’re all on the same page when discussing Fuel Reimbursements for the G16 grant. The 3 ring binder of regulations given to us at the grant workshop in January 2017 is attached to this email. We were told at this workshop that fuel reimbursement from our storage unit in Clovis was considered our Base of Operations. Base of Operations was described as where we kept our equipment, material, supplies, etc. needed to perform the work described within our grant.  We were NEVER told that our project sites, Bald Mountain and Brewer were considered our Base of Operations because the Bald and Brewer locations are our project sites. 

 

“Adopt” 2008

Grants Regulations; Article 1; 4970.08; page 17; #10

 

“(10) Transportation costs for moving Equipment, material,

and personnel from base of operations to project sites.”

 

How can you transport from and to if they are same location????

 

We were told that the base of operations was where we kept our equipment, material, etc. It is a breach of this regulation to now inform us that the new description of the base of operation is the same as the project site(s). Clearly this was not the description per our regulation for the G16 grant. Clearly the regulations defined the base of operations to be a different location from the project site(s).

 

I strongly request that the California Parks OHV Division stay true to honoring the regulations and conversations we agreed to back in January 2017 leading to the work performed during the G16 grant period: 10/2017-9/2018. Coming to us 2 years later with retroactive changes in your definitions is not okay. 

 

We would like to have a conference call to further discuss if the Division continues to not stay true to honoring the regulations given to us for our G16 grant.

Sincerely,

Mike McGarity

President, Cal4Wheel Conservation & Education Foundation 

Vice President, Cal4Wheel Central District

President/ Grant Administrator, Clovis Independent 4 Wheelers


Hi Mike,

Following up on our conversation from Tuesday…I spoke to Sixto again yesterday and I have additional information to share with you regarding the project fuel charges. 

As we discussed, the Off Highway Motor Vehicle Recreation Division (OHMVRD) considers the “base of operation” to be the project area(s) Identified in the project application/project agreement where the direct project activities occur (or “project site”). 

Prior to the G15 Grant Cycle, the OHMVRD went through a thorough regulatory change via the Office of Administrative Law(OAL).  This is an official public process which requires multiple opportunities for public feedback on all regulatory changes. As such, the final approved OAL regulatory package is what OHMVRD and all the grantees have to abide by. In the “Revised Initial Statement of Reason” (see attached PDF), it states the following:

“…transportation cost can only be claimed between the base of operations and the Project Area. The base of operation is considered the location of where the Project activities occur.”

In regards to G16-04-83-G01, the base of operations for Clovis Independent could only be Bald Mountain and Brewer OHV areas.  Meaning only fuel charges within these area’s are reimbursable.  

Determining the mileage and fuel use within the project area is incumbent upon the grantee in order to be reimbursed for fuel.  Specifically, 4970.22. ACCOUNTING PRACTICES (c) Equipment Use, it states:

“…A logbook or source document shall identify the operator, work performed, and hours or miles charged to the Project.”

Without this documentation to determine the appropriate project fuel usage, I am unable to process ANY reimbursements for fuel and will be required to disallow all fuel charges.

Also in Equipment Use Expense, several items have been submitted for reimbursement for “Haul Vehicle Rental”.  I will need canceled checks for all of these invoices to determine that these were, in fact,  paid out to the participants.  OHMVRD can only reimburse actual expenditures.  Without the canceled checks I cannot pay these. 

Please look this over, and I am happy to talk further with you on all of this.  Let me know if you would still like a conference call to take place.

Thanks,

Ross 


All,

I respectfully disagree with the interpretation given to the words below.  If base of operations is the equivalent to the project area, then the word “between” is rendered meaningless.  What you have done is convert the phrase “between the base of operations and the project area” to “within the project area” – which is exactly the opposite of the ordinary meaning of the word “between”. 

Marcus D. Magness, Esq.

Clovis Independent 4 Wheelers, Treasurer


Hello Mike,

 

Regrouping on the fuel and vehicle use charges for G16-04-83-G01, I have received the direction below from my Management.

Clovis Independent is claiming $3,964.97 for fuel purchases and $1,140 for “Haul Vehicle Rental”.

In order for Clovis Independent to be reimbursed for any fuel costs the Grantee must do the following:

 

1.)   Provide a log/source document reflecting Name/Date/Miles Driven within the Project Area

2.)   The grantee must  prorate all fuel receipts submitted, in relation to the mileage log and the fuel used within the project area.

a.    ONLY fuel used within the project area is allowable. 

b.    Any fuel costs associated with travel to and from the project site cannot be charged to the project. 

c.     Provided Fuel receipt documentation must reflect an adjusted proration commensurate with a reasonably estimated value of fuel used on the project, within the Project Area.

                                          i.    There is the option of claiming a “per mile charge” if a log that documents the miles driven in the project area is available.

3.)   If the Grantee does not comply with these requirements, ALL fuel costs will be disallowed.

Tow/Hauling Vehicle Costs-

              All Costs associated with hauling equipment to and from the project site are disallowed.

Example:  $60 Rental fee(s) for a haul vehicle from Clovis, California to Bald Mountain Project site, cannot be charged to the project and are disallowed.  Any fuel costs associated with the haul vehicle are also disallowed.

Please provide any log books/source documents you have to support the costs listed above by 5pm Friday 10/18.  Without these documents, the OHV Division must issue a refund letter for the non-reimbursable costs.  Should you have further questions regarding this, please contact the OHV Grants Supervisor, Martha Ibarra directly at (916) 324-5211 or Martha.Ibarra@parks.ca.gov.

Thank you in advance,

Ross

 The Clovis Independent 4 Wheelers is withdrawing from the State OHMVR Grants. They have made decisions over the past 2 months that make it clear that they will make it increasingly difficult for Non-Profits to operate.  First, in spite of clear language to the contrary in the regulations, they interpret our club’s “Base of Operations as being the equivalent of our Project Area”, thereby denying all fuel and haul vehicle expenses.  This means that the cost to haul equipment, vehicles and personnel from the valley to the mountains must be borne by our volunteers. They went back on everything we knew to be approved fuel reimbursements – indeed, these fuel reimbursements were expressly provided for in our grant application and our project agreement. They have demanded return of over $5000 from our G16 Grant.  Next, they stated that the heavy snow year – which prevented us from doing any trail work from October to June – is not a good enough reason to extend the G17 project to December 30, 2019.  Finally, they have increased the paperwork burden going forward. 



Thank you for our G14, G15, G16 and ½ of our G17. It was a great Grant Program at one time. We appreciate the opportunity and all the success of our all our important work. We got so much accomplished in the Sierra National Forest and we couldn’t have done it in the way we did without the funding from these grants. Non-profits have been targeted and a broad brush was used to wipe out bad choice some non-profits engaged in. The unfortunate action from the OHMVR Division has included us in their blanket approach. We are hardworking and honest volunteers. We have a great reputation state-wide as being the model 4 Wheel Drive Club who works in collaboration with their Land Manager through the Adopt-A-Trail Program. We will not have our club come under this type of treatment. Therefore; we’ll continue to do what we have done before the G14. We’d rather do our work on our own, then be put through this unfair scrutiny we’ve seen in the past 4 months. Which I’ll add has been done without due process. We’re done. 


Click Here to read our letter to the OHMVR Division of our withdrawal from the Grant Program.




 

Use of Partnerships:

U.S. Forest Service will provide equipment & operators to transport riprap materials to project areas for use on identified trail work mitigation.

Stewards of the Sierra Club will provide vehicles & labor to clear roads & trails from brush and downed trees; clean & maintain drainage structures; transport & place rock riprap to reduce erosion; pick up & remove trash.

The 4WD Club of Fresno, Hill Hoppers, Lock and Low, 4x4 Him, Handford Trail Busters and NOLB will provide vehicles & labor to clear roads & trails from brush and downed trees; clean & maintain drainage structures; transport & place rock riprap to reduce erosion; pick up & remove trash.