NAC321.464. Agreement between Division and recipient of money: Authorized and prohibited uses of money.  


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  • The Division and the recipient of any money pursuant to a grant, contract or agreement made pursuant to NAC 321.454 shall enter into an agreement that:

         1. Authorizes the recipient to use the money from the grant, contract or agreement to pay for:

         (a) All expenses related directly to the project or acquisition, including, without limitation, expenses related to the planning, design and construction of the project which must be calculated based on actual costs; and

         (b) The documented administrative costs of the project, not to exceed 5 percent of the total cost of the project.

         2. Prohibits the recipient from using the money from the grant, contract or agreement to pay for:

         (a) Any planning activity that is not directly related to the design and engineering of the project;

         (b) The purchase of new equipment, unless the Administrator has determined that the new equipment is necessary as a one-time purchase specific to the project;

         (c) Any work required by a public agency as mitigation or as a condition of the approval of any other project;

         (d) Any component of the project that the Administrator determines does not benefit the public;

         (e) Any project or portion of a project that has already been completed; or

         (f) Any other expenses that the Administrator determines are not necessary to carry out the purposes of NAC 321.400 to 321.466, inclusive, or that are not in compliance with the intent of the Program.

     (Added to NAC by Div. of St. Lands by R186-03, eff. 4-22-2004)