Current through Register Vol. 63, No. 9, September 1, 2024
The purpose of this rule is to set forth requirements that must
be met by local government applicants applying for Local Government Grant
Program funding assistance.
(1)
Eligibility for funding assistance. Public agencies eligible for state funding
assistance are:
(a) Cities, municipal
corporations;
(b) Counties,
political subdivisions;
(c) Park
and recreation districts;
(d) Port
districts;
(e) Metropolitan service
districts.
(2) Matching
requirements:
(a) Cities and districts with a
population greater than 25,000 and counties with a population greater than
50,000 must provide a match of at least 50 percent of total project
costs.
(b) Cities and districts
with a population between 5,000 and 25,000 and counties with a population
between 30,000 and 50,000 must provide a match of at least 40 percent of total
project costs.
(c) Cities and
districts with a population of less than 5,000 and counties with a population
of less than 30,000 must provide a match of at least 20 percent of total
project costs.
(d) If an applicant
established that a situation of extreme economic hardship impacts a project,
the applicant may request that the director authorize a reduced match down to a
minimum of 20 percent of total project costs. The director has sole discretion
to authorize a reduced match under this subsection based on consideration of
the applicant's request, the project, and the project's eligible match; the
availability of funds; the scope and need of projects available for funding;
and the urgency and statewide importance of prospective projects.
(e) The eligible match by the project sponsor
may include local budgeted funds, local agency labor or equipment, federal
revenue sharing, other eligible grants, state and county inmate labor, donated
funds, the value of private donated property, equipment, materials, labor, the
value of land acquired within the past six-year period, cost of appraisals,
pre-development costs within the past two-year period or any combination
thereof. Engineering and administration costs and costs incurred prior to the
State/Local Agreement cannot exceed 15 percent of the total project
costs.
(3) Eligible
projects:
(a) Acquisition, development, major
rehabilitation, planning, or feasibility study projects that are consistent
with the outdoor recreation goals and objectives contained in the SCORP, the
recreation elements of local comprehensive plans, and local master plans or
both. Projects may support traditional outdoor recreation settings such as
parks, or funds may be provided for: projects that ensure natural and cultural
resource protection while maintaining public access for recreation; projects
that protect public open space; bicycle recreation; non-motorized water
recreation; trails for non-motorized recreation; or emerging new outdoor
recreation trends. Only outdoor park and recreation areas and facilities are
eligible.
(b) Water based outdoor
recreation facilities such as short-term transient moorages and non-motorized
boat and watercraft projects, trails, support facilities for non-motorized
water recreation, and water access.
(4) Planning requirements. Project sponsors
participating in the funding assistance program must show that:
(a) There is a current master plan in effect
and that the project is consistent with the local comprehensive land use plan
and SCORP,
(b) There is not a
current master plan in effect, but the project is consistent with the local
comprehensive land use plan and SCORP, or
(c) The project request is for planning
assistance.
(5)
Application procedure.
(a) All applications
for funding assistance for outdoor park and recreation program projects must be
submitted in a format as prescribed and supplied by the department. All
applications must be consistent with the Local Government Grant Policies and
Procedures Manual and contain the following information:
(A) Project narrative;
(B) Environmental review;
(C) State agency review;
(D) Maps;
(i) Vicinity map;
(ii) Project boundary map;
(E) Copy of property deed or lease
or formal and binding control and tenure agreement showing cooperation with the
landowner to ensure long-term use, generally not less than 25 years, of
facilities for public recreation;
(F) Preliminary plans for construction
projects;
(G) Estimate of project
costs and schedule;
(H) Land Use
compatibility statement completed by the appropriate planning
department;
(I) Certification by
applicant of availability of local match;
(J) All required permits and certifications
as identified in the Local Government Grant Policies and Procedure
Manual;
(K) Other documentation
that may be required by the department.
(b) Additional requirements for acquisition
projects: Appraisal. Appraisals must conform to the Uniform Standards of
Professional Appraisal Practice (USPAP);
(A)
Appraisal review;
(B) Preliminary
title report; and
(C) Proof of
willing seller or donor.
(6) Application process:
(a) The department shall announce through a
variety of media the availability of, procedures for, deadlines and other
information for applying for Local Government Grant Program assistance.
Department staff shall perform a technical review of all applications and
forward eligible large grant applications to the committee. The committee will
meet to evaluate the applications and make recommendations to the director for
commission approval. The commission may deny any or all recommendations of the
committee.
(b) Project sponsors may
be expected to provide a presentation to the committee under a procedure
established by the department.
(c)
In the event that the funding assistance available cannot fully fund the last
priority project, a Project Sponsor may be given the option of reducing the
scope of the project. The Department, at its discretion, may pass the available
funds to another priority project or hold the remaining funds and combine them
with the next planned distribution of funds.
(7) Project administration:
(a) A signed State/Local Agreement shall
constitute project authorization. No grant funds may be disbursed without a
signed State/Local Agreement from the department.
(b) The project sponsor shall have six months
from the date of authorization to begin substantial work (e.g. the award of
contracts or completion of at least 25 percent of the work, if done by force
account). The department may cancel a grant when the project not conforming to
this schedule, unless the project sponsor provides substantial justification to
warrant an extension.
(c) The
project sponsor shall complete all projects by the dates as specified in the
State/Local Agreement.
(d) The
department may inspect all projects.
(e) Partial payments up to 90 percent of the
grant amount may be requested during the project for work completed. Final
payment will be made upon certification of project completion by the Project
Sponsor. Real property acquisitions may receive the full grant amount if the
funds are to be dispersed in escrow for the closing of a property
acquisition.
(f) The department may
provide the project sponsor partial payments of up to 25 percent of the grant
amount after the Department issues the Notice to Proceed and in advance of work
completed if a general contractor requires advanced funding prior to
construction/development work or ordering materials/supplies.
(g) Project amendments that increase the
Local Government Grant award amount will generally not be allowed. Project
amendment requests based on extraordinary circumstances will, however, be
reviewed on a case-by-case basis.
(h) Requests for time extensions must be
submitted in writing prior to the expiration of the approved project period as
set forth in the State/Local agreement.
(8) The project sponsor shall install and
maintain throughout the life of the agreement appropriate signage for each
project indicating the Oregon Parks and Recreation Department Grant Program's
assistance and shall certify that signage is in place prior to requesting final
payment.
Statutory/Other Authority: ORS
390.180
Statutes/Other Implemented: ORS
390.180