060-15 Wyo. Code R. § 15-4

Current through April 27, 2019
Section 15-4 - Public Facility Eligibility For AML Funding

(a) Public Facility Eligible Applicants. Only incorporated cities and towns, counties, special districts or joint powers boards who own or would own the facility or sponsor the activity shall be eligible to apply for funding under this chapter. If the applicant is a special district or joint powers board, it must be legally formed and approved prior to Public Facility application. Eligible applicants must have relied on the coal or mineral mining industries for a significant portion of their economic base prior to and since August 3, 1977, or for this same time period can demonstrate significant impact upon their tax revenues and services as a result of these industries.

(b) Eligible Coal and Mineral Industry Projects.

  • (i) The construction of specific public facilities which have a relationship to the coal or mineral industries.
  • (ii) Activities of public benefit which are related to impacts from the coal or mineral industries.

(c) Public Facility Eligible Project Costs. Applicants may seek funding for costs associated with the site evaluation, engineering and design, site preparation, construction, equipment purchase, furnishings, improvement, or replacement of essential public services.

(d) Public Facility Ineligible Project Costs. The following project costs shall be ineligible for reimbursement from AML grant funds:

  • (i) Costs for operating, administrative or routine maintenance purposes;
  • (ii) Costs for new sidewalks for street projects which are not replacing pre-existing sidewalks;
  • (iii) Costs for tap fees, sewer and water fees, and plant investment fees;
  • (iv) Engineering fees (design, inspection and contract administration costs) over 20% of project cost;
  • (v) All non-cash costs except those defined as in-kind contributions or donations;
  • (vi) Costs for preparation or presentation of public facility application(s) to any source of funding;
  • (vii) Costs for transportation, meals and lodging incurred anywhere away from the site of the project;
  • (viii) Costs for equipment and furnishings not permanently installed and solely dedicated to the operation of a facility;
  • (ix) Legal fees;
  • (x) Costs related to issuance of bonds;
  • (xi) Costs for real property;
  • (xii) Costs for project or facility signage;
  • (xiii) Costs to establish and form special districts or joint powers boards;
  • (xiv) Costs incurred prior to public facility award, Governor Certification and Office of Surface Mining approval;
  • (xv) Costs for landscaping including, but not limited to, design and inspection, irrigation systems and materials, and additional costs for patterned, colored or other decorative sidewalks or concrete in excess of 6% of total project costs;
  • (xvi) Costs for a contingency or extra work allowance;
  • (xvii) Costs for stand alone street chip and seal projects.

060-15 Wyo. Code R. § 15-4