Grant Administration

Applicants to the Common Waters Fund must comply with all applicable state, federal, and/or local laws and regulations; all provisions set forth in the grant manual; and the grant agreement. Should any state, federal, or other third party funds be obtained for use in an applicant’s Common Waters-funded project, applicants must comply with all rules and regulations of the funding entities.

1. Grant Period

The approved project must be completed within six months from the date of grant agreement. In the event that the conservation easement will not be recorded before the original agreement completion date, the applicant may submit a written request for a grant extension of three months. Grant extension requests will be reviewed and approved by the Common Waters Fund Program Coordinator. All grants under this program must be completed by September 30, 2012.

2. Grant Distribution Schedule

Grants will be paid upon project completion once the fi nal grant report and other materials are received and approved by the Common Waters Fund Program Coordinator. Exceptions will only be granted under extraordinary circumstances and must be approved in writing by the Program Coordinator at the time the grant is approved. Grant checks will be payable to the 501(c)3 land trust who submitted the approved grant application. The fi nal grant payment will refl ect actual grant expenses up to the original grant amount. If actual expenses are lower than originally estimated, the total grant payment will be equal to actual expenses. If actual expenses are higher than originally estimated, the total grant payment will equal the amount requested in the

grant application.

Conservation Easement Inspection And Enforcement

The grantee has primary responsibility for inspection and enforcement of conservation easements funded through this program. The Pinchot Institute for Conservation shall have the right to enforce all Common Waters Fund Grant Agreements by any proceedings at law or in equity against the applicant or any person or persons violating or attempting to violate any provision of the grant agreement, to restrain violations, or require specific performance, and/or to recover damages.

If the Pinchot Institute for Conservation determines that the applicant is in violation of the terms of the grant agreement or that a violation is threatened, the Pinchot Institute shall give written notice to the applicant of such violation and shall demand corrective actions sufficient to cure the violation. Where the violation involves injury to the property resulting from any use or activity inconsistent with the permitted uses of the grant agreement, the applicant shall restore that portion of the property so injured. If the applicant fails to cure the violation within thirty days after receipt of notice thereof from the Pinchot Institute, or under circumstances where the violation cannot reasonably be cured within a thirty day period and the applicant fails to begin curing such violation within the thirty day period, or the applicant fails to diligently continue curing the violation until finally cured, the Pinchot Institute may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of the grant agreement, to enjoin the violation ex parte as necessary by temporary or permanent injunction to recover any damages to which it may be entitled for violation of the terms of the grant agreement or injury to any interest protected by the grant agreement, and to require the restoration of the property to the condition that existed prior to such injury.