Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 4 - DISTRIBUTION OF ALL-TERRAIN VEHICLE FUNDS TO PUBLIC AND PRIVATELY OWNED LAND MANAGERS, ATV CLUBS AND ORGANIZATIONS
Section 736-004-0025 - Grant Application Eligibility and Requirements
Universal Citation: OR Admin Rules 736-004-0025
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Eligibility for funding assistance:
(a) Public agencies: Federal land managers,
state agencies, and local governments that have the responsibility, or are
capable of, providing a service to ATV users;
(b) Private land owners or managers: Private
land owners or managers who offer public OHV recreation opportunities and will
provide open public ATV recreation for a minimum prescribed period of daily or
seasonal time and who will maintain the opportunity for a prescribed period of
time as determined by OPRD;
(c)
Clubs and non-profit organizations: ATV clubs and non-profit organizations
registered with the State of Oregon for a minimum of three consecutive years;
(A) Clubs and non-profit organizations shall
have in place, prior to receipt of any funding, a written agreement with a
successor in which the successor agrees to operate the facility as described in
the grant agreement and the grant application should the club or non-profit
organization cease to exist, for example, due to disbanding or dissolution;
or
(B) OPRD shall be listed on the
title as successor to the property:
(i) OPRD
may sell the property and shall deposit the net revenue from the sale into the
ATV Account;
(ii) OPRD may operate
the project; or
(iii) OPRD may
qualify and assign another successor to the project.
(2) ATV projects or components not eligible for funding:
(a)
Overtime is generally not eligible for funding except for an identified
emergency situation;
(b) Overhead
items such as office or building rent, insurance, depreciation and other fixed
costs associated with the normal everyday operation of a business, agency or
group;
(c) ATV projects that have
no way to measure completion or specific intent are not eligible;
(d) Portions of projects completed prior to
an ATV agreement or after the expiration of an ATV agreement;
(e) ATV projects that do not meet the goals
of the ATV Grant Program, OAR
736-004-0020 to
736-004-0030, or are not in the
best interest of ATV recreation;
(f) Vehicle or other personal property usage
unrelated to the scope of the ATV project.
(3) Requirements for Match:
(a) The minimum match required for eligible
ATV projects is 20 percent of the total project cost except for land
acquisitions;
(b) For land
acquisitions and when unusual circumstances exist, public agencies may request
a partial or full waiver of the 20 percent match requirement. Consideration for
the waiver will be based upon the following criteria:
(A) The public agency is able to demonstrate
due diligence was exercised in obtaining other funds and that the following
limitations, among others, are present:
(i)
Budget authority does not exist;
(ii) Budget appropriations cannot be obtained
in a reasonable time yet public support does exist; and
(iii) No saleable assets, such as
conservation easements, exist from which to generate the full cash match
requirement.
(B) The
public agency is able to demonstrate their ability to operate and maintain the
project property for ATV recreational purposes:
(i) By having budgeted funds in place;
or
(ii) Having identified other
resources such as volunteers or contracted services.
(C) The public agency is able to demonstrate
that time is of the essence:
(i) The seller of
the real property has placed time limits in which the public agency can affect
a purchase, such as the expiration of an Option to Purchase or a First Right of
Refusal; or
(ii) The public agency
can identify the possible loss of other existing matching funds such as grants
from other entities that may have an expiration date.
(D) If a waiver to the required partial or
full match is approved, the public agency shall be limited in all future grant
requests to receiving ATV grant funds in an amount of 50 percent or less of the
total costs for any development projects located on the acquired property.
(c) Match may include,
but is not limited to, cash funds, labor, either force account or volunteer,
materials, and equipment;
(d)
Grants from other sources may be used as match provided the sponsor can certify
the funds will be available within 120 days from the beginning date of the
grant agreement;
(e) Eligible
volunteer labor will require a log that includes the volunteer's name, date
volunteer performed work, location volunteer performed work, the hours worked,
and the hourly rate of compensation used for their contribution of
labor.
(4) Conversions:
(a) It is the intent of the ATV Grant Program
that all real property acquisitions or easements shall be retained and used for
the project's intended and stated use as described in both the grant
application and the grant agreement;
(b) The director has authority to disapprove
conversion requests, reject proposed substitutions, or both;
(c) The project sponsor shall submit requests
for conversions to OPRD in writing. OPRD may consider the request if the
following prerequisites are met:
(A) All
practical alternatives to a conversion have been evaluated and rejected on a
sound basis;
(B) The project
sponsor has established the fair market value of the property to be converted
and the property proposed for substitution is of at least equal fair market
value as established by a state-approved appraisal (prepared in accordance with
uniform Federal appraisal standards) excluding the value of structures or
facilities that will not directly enhance its ATV recreation utility;
(C) The project sponsor proposes a
replacement property that is of reasonably equivalent usefulness and location
as that being converted.
(d) If the project sponsor is unable to
provide replacement property within 24 months of either the approved request
for conversion or after the fact of conversion, the project sponsor shall pay
OPRD a current amount equal to OPRD's original percentage of contribution to
the project. As an example, if the OPRD provided an original grant of 80
percent for the project's acquisition costs, the project sponsor shall
reimburse OPRD 80 percent of the real property's value at the time of
conversion or discovery of conversion, whichever is later;
(e) In the case of development,
rehabilitation, and equipment purchases, the project sponsor shall operate the
improvements or equipment for its established useful life. Guidelines
established by the IRS will be used by the project sponsor to define useful
life per each item. If the facility is closed, service is terminated and the
facility or equipment has not reached its useful life, it will be made
available to other agencies or organizations. If a facility is closed, service
is terminated, or land is closed, or the facility or equipment has not reached
its useful life, the project sponsor will return a percentage of the allocated
funds to OPRD equal to the percentage of useful life remaining in the funded
facility or equipment.
Stat. Auth.: ORS 390.180 & 390.585
Stats. Implemented: ORS 390.180
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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