OAR 736-008-0045
Application Procedure


The purpose of this section is to set forth requirements that must be met by local government applicants in submitting an application for Land and Water Conservation Fund assistance.

(1)

Eligibility for Funding Assistance. Public agencies eligible for L&WCF funding assistance are:

(a)

Local Governments:

(A)

City Park and Recreation Departments;

(B)

County Park and Recreation Departments;

(C)

Park and Recreation Districts;

(D)

Port Districts;

(E)

Indian Tribes;

(F)

Metropolitan Service District.

(b)

State Agencies:

(A)

Oregon State Parks and Recreation Department;

(B)

Oregon Department of Fish and Wildlife;

(C)

Oregon Department of Forestry;

(D)

Oregon Division of State Lands.

(2)

Matching Requirements. The Land and Water Conservation Fund provides for up to 50 percent funding assistance. The eligible agency match may include local budgeted funds, donated funds, and value of private donated property, equipment, materials, labor, or any combination thereof. The minimum federal share shall be no less than $12,500 ($25,000 total project costs). Section 6f of the L&WCF Act prohibits the use of other federal funds as matching share of a L&WCF grant.

(3)

Projects Eligible for Funding:

(a)

Projects eligible are acquisition, development and rehabilitation projects that are consistent with the outdoor recreation goals and objectives contained in the Statewide Comprehensive Outdoor Recreation Plan (SCORP) and the Implementation Program, and recreation elements of local comprehensive plans.

(b)

Marine facility development requests are eligible for funding. Project which use federal Dingle-Johnson funds may not be used as match with L&WCF.

(4)

Local Agency Requirements. Local agencies participating in the funding assistance program must show that there is a current park master plan in effect and that the project is consistent with the local comprehensive land use plan.

(5)

State Agency Requirements. State agencies participating in the fund assistance program must show that the project is in their legislatively approved biennial budgets or is mandated by legislation.

(6)

Application Form. All applications for funding assistance for outdoor recreation projects must be submitted on forms supplied by the Department. All applications must be consistent with the Oregon Application Procedures Manual and contain the following information:

(a)

Program narrative;

(b)

Environmental assessment;

(c)

Vicinity map;

(d)

Project boundary map;

(e)

Park master plan;

(f)

Civil Rights compliance;

(g)

Local Council of Governments review;

(h)

State agency review;

(i)

Property deed or lease;

(j)

Estimate of development costs and schedule;

(k)

Preliminary title report (acquisitions only);

(l)

Documented Americans with Disabilities Act Compliance Plan specific to projects;

(m)

Other documentation that may be required by the Department.

(7)

Local Project Time Line:

(a)

All applications for funding must be submitted to the State Parks and Recreation Department in a completed form consistent with section (6) of this rule, no later than January 1 for funding in the next federal fiscal year which begins October 1. Incomplete applications will not be considered for funding assistance. The Department Grants Program staff shall perform a technical review of all applications and forward eligible applications to the Oregon Outdoor Recreation Committee (OORC). Project sponsors will be contacted about missing documentation, which must be submitted to the Department within 10 days. On or about April 1, OORC will meet to recommend funding priorities to the Director for all eligible projects submitted.

(b)

By October 1 of each year, sponsors whose projects have been prioritized and are scheduled for funding assistance must submit to the Department the following project information:

(A)

Certification by project sponsor of availability of local match;

(B)

All required permits and certifications as identified in the Department Procedural Manual;

(C)

Preliminary plans and specifications (for construction projects);

(D)

Appraisal for acquisition projects. Appraisals must conform to the Uniform Appraisal Standards for Federal Land Acquisitions.

(c)

The Department will remove those project applications from the priority list ( as outlined in subsection (b) of this section) that are unable to provide the required documentation.

(d)

The amount of federal funding assistance available within the federal fiscal year (October 1 to September 30), will determine the projects to be funded;

(e)

If additional federal monies become available throughout the current funding year, projects on the priority list will be funded in priority order;

(f)

Reapportionment account will be requested on or about March 31 of each year to assure that the State does not loose the availability of those funds. All reapportionment monies received will be allocated to the current funding cycle.

(8)

Project administration:

(a)

A signed state/local agreement shall constitute project authorization. It shall be executed 30 days after federal approval. Projects not authorized within this time frame will be cancelled. Funds recovered from cancellations will be reassigned to other projects on the priority list. No project may begin without a signed state/local agreement from the Department;

(b)

Final documentation (permits, plans and specifications) must be submitted to the Department prior to project authorization;

(c)

In the event that the funding assistance available cannot fully fund the last priority project, the sponsor will be given the option of reducing the scope of the project or the Department will pass the available funds to the next priority project;

(d)

The sponsor shall have one year from the date of authorization to begin substantial work (i.e., the award of contracts or to complete at least 25 percent of the work, if done by force account). Force account work is work on a development project with the forces and resources of the project sponsor. Projects not conforming to this schedule will be cancelled, unless substantial justification warrants an extension. Extensions in such cases will be made for a six month period only. In no situation will further extensions be granted.

(e)

Projects that do not receive funding assistance for the federal fiscal year submitted will be returned to the applicant without prejudice;

(f)

All projects shall be completed and billed within two years from the authorization date. Projects will be inspected and audited by the Department, or its designee prior to final grant payment. Partial payments up to 90 percent of the grant amount may be billed during the project for work completed.

(g)

Project amendments that increase the federal share will generally not be allowed. Project amendment requests based on extraordinary circumstances will, however, be reviewed on a case-by-case basis. Requests for time extensions must be approved prior to expiration of the approved project period as set forth in the state/local agreement.

(h)

Time Line Summary:

(A)

January 1 — Complete application due;

(B)

April 1 — Priority selection by OORC;

(C)

September 30 — Project certification;

(D)

October 10 — Revise list;

(E)

October 10 — Formal application submitted for federal obligation.

Source: Rule 736-008-0045 — Application Procedure, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-008-0045.

Last Updated

Jun. 8, 2021

Rule 736-008-0045’s source at or​.us