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Comment period open on local government ARPA grant rules

Many a government agency in Wyoming has mused on whether it will be possibility to access American Rescue Plan Act funding to support needed infrastructure projects, and it seems they will soon have their answer.

The State Lands and Investments Board (SLIB) has invited the public to comment on its proposed emergency rules for local government project grants.

These rules will then be considered by SLIB itself on July 21 at a special meeting.

The rules apply to the $50 million appropriated to the Office of State Lands and Investments earlier this year. The funds are intended to be used for merit-based grant funding for cities, counties and tribal governments to address the COVID-19 public health emergency or its economic impacts.

The rules specify that applicants will need to justify that their projects are eligible for funding. For both capital and non-capital projects, the entity will need to describe the harm caused by COVID-19 that the project is intended to address and provide an independent assessment of why the project is the appropriate answer.

Other requirements include detailed descriptions of how the project is a reasonable and proportional response, including how it is superior to other means of addressing the harm.

Water projects are also eligible and require the applicant to explain how the project responds to an identified need to achieve an adequate minimum level of service, as well as how it will be maintained and what other funding options have been explored.

The rules specify certain types of projects that are not eligible for ARPA funding, including revenue replacement, replenishment of rainy day funds, settlements and judgements, damages covered by insurance, costs incurred before March 3, 2021, payroll and benefits, reimbursements for donations and workforce bonuses.

Towns, counties and tribal governments will be asked to apply during specified application periods. Each application will be evaluated using a merit-based scoring system.

Points will be awarded for various criteria, such as population (the lower, the more points) and average median household income (again, the lower the better). Applicants will also be scored according to their unemployment rate, the amount of match funding provided, the source of that match funding and the availability of other relief funding to that entity.

Projects in the construction phase will be preferred to those that have not yet been designed, while non-water projects will also be given a higher score. SLIB will also reward applicants who have a plan for completing the project if the funds are not expended by the deadline for spending ARPA funding of October 1, 2024, and will also show preference for projects that promote economic development.

The rules also specify that SLIB or the federal or state government may conduct an audit of the applicant’s records.

The rules can be viewed at https://lands.wyo.gov/notice-of-intent-to-adopt-proposed-emergency-rules and comments can be sent to [email protected] or mailed to Office of State Lands and Investments, ATTN: Bonnie Smith, Executive Assistant, 122 West 25th Street, Suite W103, Cheyenne, Wyoming 82002.

The deadline for comments is 5 p.m. on July 11.