IDAPA 28.02.03
This rule applies to the following Department of Commerce grant programs and applicable interested applicants:
1) Idaho Regional Travel and Convention Grant Program;
2) Idaho Gem Grant Program;
3) Rural Community Investment Fund;
4) IGEM Grant Program;
5) Idaho Opportunity Fund; and
6) Idaho Community Development Block Grant Program.
This rule establishes Department of Commerce grant programs that are administered in accordance with applicable federal and state statutes, these rules, grant resources available on the Department's website, and written grant agreements entered into between the successful applicant and the Department.
This rule implements the following statutes passed by the Idaho Legislature:
State Government and State Affairs -
Idaho Department of Commerce
700 W. State Street
Boise, Idaho 83702
Phone: (208) 334-2470
Fax: (208) 334-2631
Email: RulesReview@commerce.idaho.gov
https://commerce.idaho.gov
28.02.03 – Department of Commerce Grant Program Rules
000. Legal Authority. ... 3
001. Title And Scope. ... 3
002. -- 009. (Reserved) ... 3
010. Definitions. ... 3
011. -- 049. (Reserved) ... 3
SUBCHAPTER A – GENERAL GRANT PROGRAM REQUIREMENTS
050. General Grant Program Requirements. ... 3
051. -- 099. (Reserved) ... 4
100. Idaho Regional Travel And Convention Grant Program. ... 4
101. -- 149. (Reserved) ... 5
150. Idaho Gem Grant (IGG) Program. ... 5
151. -- 199. (Reserved) ... 6
200. Rural Community Investment Fund (RCIF). ... 6
201. -- 249. (Reserved) ... 7
250. Idaho Global Entrepreneurial Mission (IGEM) Grant Program. ... 7
251. -- 299. (Reserved) ... 7
300. Idaho Opportunity Fund. ... 7
301. -- 349. (Reserved) ... 8
350. Idaho Community Development Block Grant (ICDBG). ... 8
351. -- 999. (Reserved) ... 8
These rules have been adopted pursuant to Sections 67-4702, 67-4703, 67-4715, 67-4717, 67-4718, 67-4729, and 67-4733, Idaho Code. (3-31-22)
01. Title. These rules are titled IDAPA 28.02.03, 'Department of Commerce Grant Program Rules.' (3-31-22)
02. Scope. These rules implement the following Department of Commerce grant programs: 1) Idaho Regional Travel and Convention Grant Program; 2) Idaho Gem Grant Program; 3) Rural Community Investment Fund; 4) IGEM Grant Program; 5) Idaho Opportunity Fund; and 6) Idaho Community Development Block Grant Program. (3-31-22)
01. Department. The Idaho Department of Commerce as set forth in Section 67-4701, Idaho Code. (3-31-22)
02. Program Guidelines. Department of Commerce grant programs are administered in accordance with applicable federal and state statutes, these rules, grant resources available on the Department's website, and written grant agreements entered into between the successful applicant and the Department. Collectively these laws, rules, handbooks, grant resources, and grant agreements are referred to as 'program guidelines' throughout these rules and each may be enforced by the Department. (3-31-22)
01. Application Procedure. All applicants must meet eligibility requirements specified in program guidelines. Eligible applicants must submit a completed application to the Department and meet the requirements specified in program guidelines prior to the application deadline specified therein. (3-31-22)
02. Review of Applications. Unless otherwise specified, all grants will be reviewed, ranked, and selected by the Department and relevant council members if applicable, in accordance with selection criteria specified in program guidelines. All applicants will be notified of their application status in a reasonable timeframe after the application deadline. (3-31-22)
03. Grant Agreement. All applicants selected for funding must enter into a written grant agreement with the Department. The grant will take effect upon the date of award specified in the grant agreement and grant monies cannot be expended until that date. (3-31-22)
04. Amendments to Grant Agreements. Extensions and amendments to grant agreements are only permitted if agreed to in writing and approved by the Department or applicable council members. (3-31-22)
05. Grant Acknowledgment. If required, projects funded by the Department must acknowledge said program as outlined in the program guidelines. (3-31-22)
06. Reporting Requirements. As specified in program guidelines, the grantee must provide regular progress reports to the Department to demonstrate progress toward planned outcomes, as well as a final report demonstrating the outcomes achieved. (3-31-22)
07. Termination of Funding. The grantee may only use the grant funds in accordance with program guidelines. If at any time the Department becomes aware of a grantee's noncompliance with program guidelines, or inappropriate or illegal use of grant funds, the Department may terminate the agreement. The Department may require an audit of grant funds. The Department may further terminate a grant if the project loses viability or is
unlikely to meet the intent of the original application. (3-31-22)
08. Limitation on Use of Funds. Program guidelines detail ineligible uses of funds. In addition, funds cannot be used as follows: (3-31-22)
a. Political activities. For political purposes or to engage in lobbying or other partisan political activities. (3-31-22)
b. Religious activities. For the construction, rehabilitation or operation of active churches or religious structures used for religious purposes. (3-31-22)
c. Conflict of interest. If at any time the Department and/or any council member(s) becomes aware of an apparent or potential conflict of interest between a grantee and a private entity which may influence grant funds, the Department may request a meeting with the grantee's representatives. The Department may, at that meeting, terminate the grant if an inappropriate conflict of interest is found. (3-31-22)
09. Rural Community. Communities that are generally less than twenty-five thousand (25,000) in population. (3-31-22)
10. Cost Reimbursable. Department grants are cost reimbursable. Grant payment procedures will be established in the program guidelines. The Department will reimburse allowable costs up to the maximum grant amount for which both receipts and matching funds documentation have been provided. The grantee is responsible for any discrepancies in documentation. (3-31-22)
051. -- 099. (RESERVED)
01. Program Intent. The intent of this program is to provide grant funds to non-profit, incorporated organizations which have in place a viable travel or convention promotion program, or both, in their area of operation. Preference is given to programs with a primary focus of promoting overnight visitation in Idaho. Funds may be used for tourism marketing which has a positive economic impact to the state of Idaho including, but not limited to, the promotion of accommodations, recreational areas, events, conferences, food and beverage, tourism services, culture, attractions, and transportation. (3-31-22)
02. Eligible Applicants. Non-profit entities with a focus on tourism. Entities must provide proof of non-profit status including: State of Idaho Certificate of Incorporation, Articles of Incorporation from the Secretary of State, or a letter of determination from the Internal Revenue Service, and Notice of Employer Identification Number assigned by the Internal Revenue Service. (3-31-22)
03. Review of Applications. The Idaho Travel Council will review applications in accordance with selection criteria specified in program guidelines. (3-31-22)
04. Matching Funds. This grant requires a cash match of twelve and one-half percent (12.5%) of the amount awarded, with further requirements specified in program guidelines. (3-31-22)
05. Distribution of Funds. The Department will reimburse funds to the grantee upon submission and review of complete documentation of funds expended. (3-31-22)
06. Eligible Expenses. (3-31-22)
a. Program intent. Eligible projects under the Regional Travel and Convention Grant Program must be consistent with the legislative declaration of policy in Title 67, Chapter 47, Idaho Code, and the program intent. Programs that are eligible for consideration must fall under the basic definition of travel or convention promotion. (3-31-22)
b. Administrative expense. The following administrative and overhead costs are allowable: (3-31-22)
i. Wages and benefits. Wages and benefits of one (1) designated grant administrator for time directly related to the task of grant administration. Other employee wages and benefits incurred in the execution of the grant program may be used as cash match with documentation. (3-31-22)
ii. Overhead. Reasonable, apportioned overhead costs of the grantee organization required to execute the grant program must be approved by the Idaho Travel Council. The Department will recommend preferred apportionment methods. (3-31-22)
07. Ineligible Expenses. Unless specified otherwise in the program guidelines, this grant program will not fund: (3-31-22)
a. The day-to-day, administrative expenses of organizations that have a travel or convention promotion element; (3-31-22)
b. Projects that have alternative funding sources (for example, regular Chamber of Commerce budgets) or that have been funded previously with the agency's own funds; or (3-31-22)
c. The promotion of local events; or (3-31-22)
d. No expenses related to grant writing, or grant application are eligible. (3-31-22)
08. Audit Requirement. Grantees who receive one hundred thousand dollars ($100,000) or more in grant funds will have an audit performed by a Certified Public Accountant and submitted to the Department within sixty (60) days following the close of the grant cycle. (3-31-22)
101. -- 149. (RESERVED)
01. Program Intent. The intent of this program is to fund community development projects of rural communities for the purpose of improving the local economy, retaining or creating jobs, promoting the community for economic development and tourism, and assisting business expansion and diversification. (3-31-22)
02. Eligible Applicants. Idaho rural communities under ten thousand (10,000) persons and other Idaho rural communities at the discretion of the Director of the Department of Commerce are eligible to apply for IGGs up to a maximum of fifty thousand dollars ($50,000). IGGs to city and county governments may be administered by their designees as established by formally adopted resolutions. (3-31-22)
03. Review of Applications. The Department's Director, in his sole discretion, makes all IGG awards. The Director may make grant awards at any time the Director determines it necessary to take advantage of special opportunities that further the primary objectives of the IGG Program. (3-31-22)
04. Matching Funds. This grant requires a minimum of twenty percent (20%) matching funds of either cash or in-kind donations for the total amount of IGG funds received. Matching funds can be comprised of any combination of cash and in-kind donations and must meet conditions specified in the program guidelines. (3-31-22)
05. Distribution of Funds. Grantees receive payment of IGG funds on a cost reimbursement basis. Grant payment procedures will be established in the program guidelines. The Department will reimburse allowable costs up to the maximum grant amount for which both receipts and matching funds documentation have been provided. The grantee is responsible for any discrepancies in documentation. (3-31-22)
06. Eligible Expenses. Eligible expenses are specified in program guidelines. (3-31-22)
07. Ineligible Expenses. Funds may not be used for: (3-31-22)
a. Payroll costs for city, county, development corporation or other community agencies. (3-31-22)
b. Real property acquisition. Construction, rehabilitation, or operation of schools, general government facilities, jails or state facilities. (3-31-22)
c. Administrative costs. Expenses related to administering the grant will not be reimbursable to the grantee from grant funds. (3-31-22)
08. Bid Process. Grantees must contact a minimum of three (3) vendors for quotes or bids for the purchase of goods or services over twenty-five thousand dollars ($25,000). Prior to reimbursement for such costs, the following information must be submitted to the Department: (3-31-22)
a. Item or service purchased. A detailed description of the item or service purchased or to be purchased. (3-31-22)
b. Bid verification. Written documentation of three (3) or more businesses or vendors contacted by IGG grantees for bids or quotes listing the businesses or vendors contacted and indicating their response, and a list of all businesses or vendors contacted whether or not a response was received. (3-31-22)
c. Reasons for selection. Grantees justification for the business or vendor selected. (3-31-22)
01. Program Intent. This grant provides funds to rural areas in support of economic expansion and job creation, as defined per the program guideline which includes the RCIF Grant Application and Manual. (3-31-22)
02. Eligible Applicants. Applicants for the Idaho Rural Community Block Grants are as follows: (3-31-22)
a. City applicants. Rural cities are those generally less than twenty-five thousand (25,000) in population. Cities contiguous to large cities are not eligible to apply. (3-31-22)
b. County applicants. Counties with less than twenty-five thousand (25,000) population. However, any county may apply for unincorporated communities. (3-31-22)
c. Indian tribes located in Idaho may apply if the project site is located on reservation land and within a community of less than twenty-five thousand (25,000) population. (3-31-22)
03. Review of Applications. Presentations must be made by key elected officials of the applicant to the Department's Economic Advisory Committee (EAC) on the need for the project, the local commitment to the project, the economic impact of the project on the community, and any additional information that should be given special consideration. Applications will be reviewed and ranked on criteria specified in the RCIF Grant Application and Manual. The EAC may recommend standby projects to be funded if enough funds become available at a later time. (3-31-22)
04. Eligible Expenses. Eligible expenses are specified in the RCIF Grant Application and Manual. (3-31-22)
05. Ineligible Expenses. Any activity not authorized in the RCIF Grant Application and manual is ineligible to receive RCBG funds, including: (3-31-22)
a. General conduct of government. Assistance to buildings, or portions thereof, used predominantly for the general conduct of government. Such buildings include, but are not limited to, city halls, courthouses, jails, police stations, state or local government office buildings, and other building used for general government administration affairs. Also ineligible are school buildings, school administration offices, and university and college vocational-technology facilities. (3-31-22)
b. Local government expenses. Expenses to carry out the regular responsibilities of the unit of general local government are not eligible for assistance with RCIF. (3-31-22)
c. Equipment. The purchase of equipment, fixtures, motor vehicles, furnishings or other personal property, which is not an integral structural fixture, is generally ineligible. (3-31-22)
d. Operating and maintenance expenses. (3-31-22)
01. Program Intent. The IGEM Grant Program funds commercialization grants supporting University and industry research partnerships for the purpose of enhancing technology transfer and commercialization of research and technologies developed at the Universities to create high-quality jobs and new industries in the private sector in Idaho. (3-31-22)
02. Eligible Applicants. Idaho's public research universities: Boise State University, Idaho State University, and University of Idaho. (3-31-22)
03. Industry Partner. A domestic or foreign entity that designs, produces, or sells goods or services or that contractually agrees to undertake such acts in connection with the technologies licensed or otherwise transferred to the entity by a University, and that is partnered with an Eligible Applicant. (3-31-22)
04. Review of Applications. In selecting IGEM awards, the IGEM Council will give greater weight to proposals that partner with Idaho-based entities. (3-31-22)
05. Matching Funds. This grant requires a monetary or in-kind contribution from the industry partner as outlined in program guidelines. (3-31-22)
06. Commercialization Revenue. Revenue generated through the commercialization of university intellectual property rights in a work authored or an invention conceived or first reduced to practice in the performance of an IGEM grant award are distributed as outlined in Section 67-4731, Idaho Code. (3-31-22)
01. Program Intent. The Idaho Opportunity Fund provides funding for public costs incurred with the purpose to retain, expand or attract jobs, which include: (3-31-22)
a. Construction of or improvements to new or existing water, sewer, gas or electric utility systems for new or existing buildings to be used for industrial or commercial operations; (3-31-22)
b. Flood zone or environmental hazard mitigation; or (3-31-22)
c. Construction, upgrade or renovation of other infrastructure related items including, but not limited to, railroads, broadband, parking lots, roads or other public costs that are directly related to specific job creation or expansion projects. (3-31-22)
02. Review of Applications. The Director of the Department may, in his sole discretion, award Opportunity Fund grants to local governments in accordance with program guidelines. (3-31-22)
03. Matching Funds. This grant requires an allowable local match. Allowable match includes those costs which are allowable within the Opportunity Fund and are provided by the local government as cash, in-kind services, fee waivers (such as development impact fees), donation of assets, the provision of infrastructure or a
combination thereof. The match must represent a material commitment from the local government that is commensurate with the local government's financial condition. The Director of the Department has the authority to approve other forms of local match or waive the local match requirements. (3-31-22)
04. Distribution of Funds and Eligible Applicants. Funds will be disbursed from the Opportunity Fund to local governments as defined in the Local Government Grant Agreement and after the local government has demonstrated that the Grantee Business has complied with the terms of the Company Performance Agreement. (3-31-22)
05. Grant Agreements. Local Government Grant Agreements will be entered into between the Department and one (1) or more local governments, and contain the provisions specified in the program guidelines. In addition, Company Performance Agreements will be entered into between one (1) or more local governments and a Grantee Business, and containing provisions outlined in the program guidelines. (3-31-22)
301. -- 349. (RESERVED)
01. Incorporation by Reference. The Department of Commerce adopts and incorporates by reference the CDBG Procedures Guide, CDBG Application Handbook, the CDBG Grant Manual, 24 CFR Part 570, and the most current Annual Action Plan as rules for the administration of the Idaho Community Development Block Grant. (3-31-22)
02. Purpose. The rules incorporated by reference in (01) relate to the scope and procedures for the implementation of the Idaho Community Development Block Grant Program. (3-31-22)
351. -- 999. (RESERVED)