Loading
 

 

Oregon Bulletin

June 1, 2012

Parks and Recreation Department, Chapter 736

Rule Caption: Register significant natural heritage resources and special species in Oregon.

Adm. Order No.: PRD 2-2012

Filed with Sec. of State: 5-4-2012

Certified to be Effective: 5-4-12

Notice Publication Date: 11-1-2011

Rules Adopted: 736-045-0006, 736-045-0011, 736-045-0100, 736-045-0200, 736-045-0300, 736-045-0305, 736-045-0310, 736-045-0320, 736-045-0330, 736-045-0340, 736-045-0400, 736-045-0405, 736-045-0410, 736-045-0412, 736-045-0414, 736-045-0416, 736-045-0418, 736-045-0420, 736-045-0422, 736-045-0424, 736-045-0426, 736-045-0428, 736-045-0430, 736-045-0432, 736-045-0434, 736-045-0436, 736-045-0438, 736-045-0440, 736-045-0442, 736-045-0444, 736-045-0446, 736-045-0448, 736-045-0500, 736-045-0505

Subject: Director of Oregon Parks and Recreation Department may appoint Natural Areas Advisory Committee to advise the department and Parks Commission in managing the Oregon Natural Areas Program. The rules provide guidelines for program administration by the department, provides guidance for the registration and dedication of state natural areas, and describes documentation needed to integrate the program throughout the state consistent with similar national programs.

Rules Coordinator: Vanessa DeMoe—(503) 986-0719

736-045-0006

Purpose

The purpose of these rules is to provide a central and continuing register of areas in Oregon which contain significant natural heritage resources and special species, and describe the process used to register properties on the Oregon Register of Natural Areas. Ref. ORS 273.581, Chapter 208, Oregon Laws 1981.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0011

Definitions

As used in these rules, unless the context provides otherwise:

(1) “Agency” means any federal, state or local government agency, department, board, or commission.

(2) “Commission” means the Oregon Parks and Recreation Commission.

(3) “Committee” means the Natural Areas Advisory Committee.

(4) “Candidate Natural Area” means a natural resource area which may be considered for registration or dedication.

(5) “Data bank” means the Natural Areas Program inventory of natural heritage resources classification, data analysis, priority setting, owner and other data maintained by the Institute for Natural Resources under ORS 352.239.

(6) “Dedicated” means the formal recognition and protection of a natural area conservation purposes.

(7) “Department” means Oregon Parks and Recreation Department.

(8) “Document” means a documented record, report or map pertaining to the Natural Heritage Program data.

(9) “Instrument” means any written document intended to convey an interest in real property pursuant to ORS 93.710, or an agreement between parties pursuant to the Natural Areas Program, the Oregon Natural Areas Plan.

(10) “Introduced Species” means exotic or non-native species.

(11) “Managed Area” means a registered or dedicated State Natural Area Reserve that, by management agreement between the Commission and private landowner, or agency, the area and its natural heritage resources are maintained in a manner to protect the natural character.

(12) “Management Scheme” means a plan that sets forth in detail the responsibilities for the administration of an individual State Natural Area Reserve.

(13) “Natural Area” means a unit of land or water, or both, which may be considered for dedication under ORS 273.563 to 273.591. It means a natural heritage resource area which has substantially retained its natural character, or, if altered in character, shall in addition to its natural heritage resource values be valuable as habitat for plant and animal species or for the study and appreciation of natural features. Ref. ORS 273 .566(1).

(14) “State Natural Area Reserve” means an area as defined as “Natural Area” above, that an individual, organization or public agency dedicates under the provisions of ORS 273.586.

(15) “Natural heritage resources” means the terrestrial ecosystems types, aquatic ecosystems types, and unique geologic types as defined in the Oregon Natural Areas Plan; means a unit of land or water which contains a natural resource(s).

(16) “Plan” means the Oregon Natural Areas Plan as established in ORS 273.576, which governs the Natural Areas Program in the selection of natural areas for conservation. Ref. ORS 273.566, Oregon Laws 1981, C. 208.

(17) “Program” means the Natural Areas Program as established in ORS 273.566, which provides for the establishment of a limited system of State Natural Area Reserves representing a full range of Oregon’s natural resources and includes special species of plants and animals.

(18) “Register” means the Oregon Register of Natural Areas as established in ORS 273.581. The Register contains an official list of areas which have significant natural resources and special species.

(19) “Special Species” means those species of plants and animals determined by the Department to be of significant value in a state natural area reserve and defined in the Plan.

(20) “Wildlife” means any wild or free living vertebrate or invertebrate animal.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0100

Composition and Roles

(1) Natural Areas Advisory Committee may be appointed by and serve at the will of the Director of Oregon Parks and Recreation Department, comprised of members chosen as follows and who shall elect from its membership a chairperson:

(a) Individuals recognized experts in the ecology of natural areas. Desirable fields of expertise are botany, zoology, terrestrial ecology, aquatic biology and geology;

(b) Citizens selected from the various regions of the state. These members shall have interest in natural resource conservation, management or the commodity use of natural resources; and,

(c) Authorized representatives of state and federal natural resources management agencies.

(2) The Committee may assist the Department in:

(a) The development of policy for the Natural Areas Program through the review and approval of the Oregon Areas Plan;

(b) Reviewing nominations for registration and the voluntary dedication of State Natural Area Reserves, and review instruments of dedication for such areas;

(c) Providing recommendations to the State Parks and Recreation Commission State Land Board, State Board of Forestry, State Fish and Wildlife Commission, State Board of Higher Education and Oregon Transportation Commission regarding areas under their respective jurisdictions which are appropriate for dedication; and

(d) Advising the Commission in the adoption of rules that may be considered necessary in carrying out ORS 273.563 to 273.591.

(3) Members of the advisory committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0200

Acceptance of Funds

(1) The Department may accept monies for, but not limited to, documents and services under these rules.

(2) The Department may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any private foundation for the purpose of carrying out the provisions of ORS 273.561 to 273.591 and Chapter 208, Oregon Laws 1981.

(3) All monies received by the Department shall be paid into the State Treasury and credited to the account of the Natural Areas Program. Ref. ORS 273.591.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0300

Criteria for Inclusion in Register

Criteria to be included within the Register must be determined by the Commission to fulfill not only the definition of a natural area but the natural heritage resources and site considerations within the priorities and criteria for conservation in the Plan, ORS 273.563 to 273.591 and Chapter 208, Oregon Laws 1981. The following criteria will be used in evaluating a natural area proposed for inclusion in the Register:

(1) The priority for protection of the primary natural heritage resources objective and other natural heritage resources in the site as presented in the Plan;

(2) The natural heritage resource occurrence(s) is an adequate representative of the type;

(3) The extent to which each natural heritage resource has retained its natural character, i.e., a measurement of the degree of human caused disturbance;

(4) The health and viability of the natural heritage resource occurrence(s), i.e., the ability of each natural heritage resource occurrence to perpetuate itself or its natural sequence of development in the area;

(5) The number of natural heritage resources or natural heritage resources which will be adequately represented in the area;

(6) The degree of uniqueness, and educational and natural interpretation values of a geologic resource(s);

(7) The priority of protection given to each special species of plant or animal presented in the Plan;

(8) The contribution the particular area will make to the protection of the special species; and

(9) Manageability, i.e., the capability of being managed so as to protect and to maintain the natural values, as well as to make it available and useful for its designated purposes.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0305

Procedures for Registering

Each proposal for the Register, together with field evaluation, maps and sufficient data to complete the register file, shall be reviewed by the Commission:

(1) A proposal for the Register of private land shall contain the written consent of the landowner.

(2) The Commission may place a site onto the Register, or remove a site from the Register. The Department will review and provide recommendation to the Commission for their consideration.

(3) A voluntary management agreement may be developed between the Commission and a private landowner, or agency, of a site on the Register, with the assistance of the Department.

(4) Any area(s) designated by a federal or state agency, having been established by public hearing, may be entered onto the Register by the Commission.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0310

Register File

The Register may include file(s) of registered natural areas:

(1) The card file may include name of natural area, location, size, ownership, register category, and principal Natural Heritage Resource(s) and special species. The card file may be cross referenced by county and principal resource.

(2) The data file may include:

(a) Data Form – Comprehensive information compiled for each natural area;

(b) Instrument of Dedication – Or other documents certifying official dedication;

(c) Consent Form – Written consent for natural areas on private land;

(d) Supportive Data – Includes maps, photographs, remote sensing imagery, species lists, field notes, reports, research papers, and references to other information available;

(e) Cross references to the Data Bank – To data file, computer and manual file consistent with data bank components;

(f) Implementation Data – Written management agreement pertaining to the natural area;

(g) Summary Sheet – A map and one page summary of information about each area which can be duplicated and circulated to appropriate authorities.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0320

Location and Maintenance of Register

The data files of the Oregon Register of Natural Areas will be located at the Department’s office in Salem, OR, and will be maintained by the Department.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0330

Register Review

The Register shall be reviewed and updated every five years by the Department.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0340

Register Withdrawal

Registered natural areas may be withdrawn from the Register by the Commission.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0400

Purpose

The purpose and scope of dedication is to establish and maintain the integrity of the Plan, and the Program, by means of written formal recognition and protection of an area of land and/or water for natural heritage conservation purposes.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0405

Instruments of Dedication

(1) Private Dedication – A private individual or organization which is the owner of any registered natural area may voluntarily agree to dedicate that area as a State Natural Area Reserve by executing with the Commission, following review by the Department, an instrument of dedication. Instrument provisions and policies include, but are not limited to, the following:

(a) An agreement that provides each natural heritage resource in the State Natural Area Reserve with the most secure protection obtainable;

(b) An unlimited period of time, or a term sufficiently long to warrant dedication protection;

(c) Permission for conducting scientific research and other activities shall be commensurate with Program objectives;

(e) Termination of dedication may occur upon written notification to the Commission, including specific reasons for termination, and provision by the Commission of opportunity for adequate public notice and hearing.

(2) The Instrument of Dedication of an area under private ownership shall be filed by the Commission in the office of the clerk of the county in which any or all of the State Natural Area Reserve is located, and shall be effective upon its recording.

(3) A copy of the dedication and management agreement(s) shall be provided to the private owner of a State Natural Area Reserve.

(4) Public Agency Dedication – Any public agency may dedicate lands under the provisions of ORS 273.563 to 273.591, and the Plan, after providing the opportunity for adequate public notice and hearing.

(5) The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the State Board of Higher Education and the State Land Board shall, with the advice and assistance of the Department, establish procedures for the dedication of State Natural Area Reserves on land or water, the title of which is held by the State of Oregon, and which is under that agency’s management and control. The instrument(s) of dedication and management shall contain any information or provisions as the agency and Department consider necessary to complete the dedication.

(6) Termination of the dedication of a State Natural Area Reserve by a public agency requires:

(a) Provision of opportunity for adequate public notice and hearing; and

(b) A finding by the agency of an imperative and unavoidable necessity due to natural disaster in the site, need of the natural resource during time of declared war, or the need of the natural resource because of extreme economic crisis of the state; or

(c) A finding by that agency, with the approval of the Department that the State Natural Area Reserve is no longer needed according to the guidelines of the Plan, or has permanently lost its character.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0410

Publicity

Information about a State Natural Area Reserve and appropriate descriptive material may be developed and made available to interested persons. However, publicity which would tend to encourage the general public to visit a State Natural Area Reserve in greater numbers than its carrying capacity shall be avoided.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0412

Reports

At regular intervals the Department shall make or cause to be made for each State Natural Area Reserve a record of management activities and other influences affecting each State Natural Area Reserve.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0414

Instruments

The instruments of dedication shall include, but not be limited to:

(1) The size, location, purpose, and resources of the State Natural Area Reserve;

(2) A management scheme written for each State Natural Area Reserve which describes:

(a) The conservation objective of the area;

(b) Proscribed, allowed and prohibited activities on the area; and

(c) Provisions as consistent as possible with the following practices in OAR 736-045-0952 through 736-045-0996, which shall, unless otherwise noted, are a part of each management scheme.

(3) Agreements between the Commission and any agency necessary to establish the State Natural Area Reserve.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0416

State Natural Area Reserve Manager

Notwithstanding the instruments of dedication, managers of a State Natural Area Reserve shall not take any action or fail to take any action which is in conflict with a statute, rule regulation or policy relating to an agency having an interest in or responsibility for the State Natural Area Reserve.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0418

Fire

Prescribed fire may only be used as a management tool in such areas or situations where fire is needed to maintain or protect a State Natural Area Reserve as an ecosystem type specified in the management scheme

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0420

Water Level Control

State Natural Area Reserves shall be managed to maintain their natural water levels. Water levels which have previously been altered by man may be changed if provided for in the management scheme as essential for the restoration of natural conditions.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0422

Disturbance of Natural Features

The management of State Natural Area Reserves shall not include the cutting or removal of vegetation or the disturbance of other natural features, except that which is essential to carry out the management scheme enumerated in these rules.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0424

Visitor Protection

Guard rails, fences, steps, and bridges may be provided when essential to the safety of a reasonable alert and cautious visitor.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0426

Erosion Control

Erosion and soil deposition due to disturbances of natural conditions by man within or outside a State Natural Area Reserve may be controlled as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0428

Scenic or Landscape Management

No measures or actions shall be taken to alter the natural growth or features of a State Natural Area Reserve for the purpose of enhancing its neatness, beauty, or amenities.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0430

Control of Succession

Control of succession may be undertaken only if maintenance or restoration of a particular ecosystem type or preservation of threatened or endangered species is designated in the instruments of dedication as an objective of the State Natural Area Reserve. Based on scientific evidence of necessity, successional control measures may be undertaken as provided in the management scheme. Such measures shall be applied with caution and only to that part of the area as is necessary.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0432

Control of Introduced Plant Species

Control of introduced plant species may be undertaken as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0434

Control of Wildlife Populations

The control of wildlife populations on State Natural Area Reserves shall be by agreements between the Commission and Oregon Department of Fish and Wildlife, or other agency. Insofar as practical any control measures applied shall be to correct those situations where wildlife populations are significantly affecting natural conditions on a State Natural Area Reserve.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0436

Introduction and Management of Special Species

The introduction into or the management of a State Natural Area Reserve for special wildlife species shall be by agreement between the Commission and the Oregon Department of Fish and Wildlife, Oregon Department of Agriculture or other agency as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0438

Use Tolerance

The management scheme shall set forth the use tolerance or durability of all or any portion of a State Natural Area Reserve and specify the steps to be taken if overuse occurs.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0440

Collecting Permits

A person wishing to collect material from a site for the purposes of research, education or restoration within a State Natural Area Reserve shall secure written permission from:

(1) Oregon Parks and Recreation Department; and

(2) The owner of the land; and

(3) The appropriate agency if any, including but not limited to the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0442

Boundary Markers

When feasible, boundaries of a State Natural Area Reserve may be made clearly evident by placing markers at corners or other strategic locations or by boundary signs.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0444

Fences

Fences and barriers may be installed as provided in the management scheme.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0446

Trails

The location and specifications of any trails may be established in the management scheme. Trails shall be adequate to provide for permitted use of a State Natural Area Reserve, but otherwise kept to a minimum. The use of paving materials, footbridges and elevated walks may be permitted when necessary.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0448

Other Structures and Improvements

Signs and temporary research installations may be permitted within a State Natural Area Reserve. No other structures or facilities shall be located within a State Natural Area Reserve except as provided in the management scheme on these rules.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0500

Amendments

The Commission may review and approve or disapprove any modification to the Plan submitted by the Department.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12

736-045-0505

Waiver of Rules

The Commission may waive all or any part of these rules which would prevent the establishment, management, or protection of a State Natural Area Reserve if such rule is in conflict with a statute, rule, regulation, or policy relating to an agency having an interest in or responsibility for the State Natural Area Reserve.

Stat. Auth.: ORS 273
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12


 

Rule Caption: Local Government Grant Program Rule Changes as Required by Senate Bill 342.

Adm. Order No.: PRD 3-2012

Filed with Sec. of State: 5-11-2012

Certified to be Effective: 5-11-12

Notice Publication Date: 1-1-2012

Rules Amended: 736-006-0110, 736-006-0115, 736-006-0125, 736-006-0145, 736-006-0150

Subject: The proposed rules codify procedures necessary to implement Senate Bill 342 from the 76th Legislative Assembly – 2011 Regular Session.

Rules Coordinator: Vanessa DeMoe—(503) 986-0719

736-006-0110

Definitions

As used in this division, unless the context requires otherwise:

(1) “Acquisition” – Means the gaining of property rights, including but not limited to fee title or easements, for public use.

(2) “Bicycle Recreation” – Means the use of bicycles for enjoyment, social interaction, education, or physical well-being while on recreational trails or paths that are not along or adjacent to public roads or streets, and that are primarily recreational rather than transportational in nature.

(3) “Commission” – Means the Oregon Parks and Recreation Commission.

(4) “Committee” – Means the Local Government Grant Advisory Committee appointed by the Director to prioritize local government project applications.

(5) “Conversion” – Means the act of utilizing property acquired or developed using either Local Government Grant Program funds or Land and Water Conservation Funds for purposes other than public outdoor recreation uses.

(6) “Current Master Plan” – Means a site-specific resource-based plan guiding recreational site acquisition, development, protection, and management of park areas and facilities.

(7) “Department” – Means the Oregon Parks and Recreation Department (OPRD).

(8) “Development” – Means the construction or rehabilitation of facilities necessary for the use and enjoyment of public outdoor recreation resources.

(9) “Director” – Means the Director of the Oregon Parks and Recreation Department.

(10) “Eligible Project” – Means an acquisition, development, major rehabilitation undertaking, or planning or feasibility studies which satisfies the requirements of the Local Government Grant Program.

(11) “Force Account” – Means the governmental entity’s own work force performing project work rather than contracting out for the services.

(12) “LWCF or Land and Water Conservation Fund” – Means those funds made available to the state through the Land and Water Conservation Fund Act of 1965 (Public Law 88-578).

(13) “Local Comprehensive Plan” – Means the acknowledged comprehensive land use plan prepared by each local jurisdiction within the state, as required by ORS chapter 197.

(14) “Local Governments” – Means cities, municipal corporations, counties, political subdivisions, park and recreation districts, port districts, and metropolitan service districts.

(15) “Local Government Grant Policies and Procedures Manual” – Means a manual prepared by the Department containing state and federal policies, procedures and instructions to assist local government agencies wishing to participate in the Local Government Grant Program.

(16) “Local Government Grant Program” – Means the program and process for distributing state monies to eligible local governments for outdoor park and recreation areas and facilities located on properties controlled or managed by the eligible local government.

(17) “Major Rehabilitation” – Means the repair, restoration, or reconstruction of facilities, which is necessitated by obsolescence, building code changes, or normal wear and tear not attributed to lack of maintenance.

(18) “OPRD” – Means the Oregon Parks and Recreation Department.

(19) “Outdoor Recreation” – Means structured and unstructured leisure and fitness activities that occur in open air and are not provided in a roofed and enclosed facility.

(20) “Project” – Means the planning or feasibility study documents or the site and associated improvements where acquisition, development, or major rehabilitation will occur.

(21) “Project Authorization” – Means the State/Local Agreement that authorizes the project to begin effective on or after the date signed by both the Director and Project Sponsor or their designee.

(22) “Project Sponsor” – Means the recipient of the grant funds and the entity responsible for implementation of the project and the maintenance and operation of the site.

(23) “SCORP” – Means the Statewide Comprehensive Outdoor Recreation Plan that is Oregon’s basic five-year plan for outdoor recreation and that provides the state with an up-to-date regional information and planning tool serving as the basis by which all Oregon recreation providers (state, federal, local, and private) catalogue and rank their recreation needs, obtain funding through partnerships and grants, and affirm their respective roles.

(24) “State/Local Agreement” – Means the signed agreement between the Department and Project Sponsor, which authorizes the project to begin on, or after the date signed by both the Director and the Project Sponsor and that describes the contractual relationship and responsibilities of the parties to the Project.

(25) “Sustainability” – Means using, developing, protecting, and managing the resource in a manner that enables people to meet current and future generation needs from the multiple perspective of environmental, economic, and community objectives.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 7-1999, f. & cert. ef. 11-23-99; PRD 6-2004, f. & cert. ef. 5-5-04; PRD 1-2008(Temp), f. 2-15-08, cert. ef. 3-1-08 thru 8-1-08; PRD 5-2008, f. & cert. ef. 5-15-08; PRD 3-2012, f. & cert. ef. 5-11-12

736-006-0115

Apportionment of Monies Between Small and Large Grants

(1) Up to 15 percent of available funds shall be set aside for small grants. Small grants are projects with a maximum $75,000 grant request.

(2) Other than for land acquisitions, the remainder of available funds shall be for large projects with a maximum $750,000 grant request.

(3) A Project Sponsor may request grant funding for land acquisitions in an amount not to exceed $1,000,000.

(4) In consultation with the Committee, the Commission and the Director may set the maximum at less than that above amounts based upon the availability of funds.

(5) Based on the quality and quantity of Eligible Projects, the Committee, with concurrence of the Director, may dedicate a portion of the funds for projects expected to be completed within 12 months of grant award.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 7-1999, f. & cert. ef. 11-23-99; PRD 6-2004, f. & cert. ef. 5-5-04; PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08; PRD 3-2012, f. & cert. ef. 5-11-12

736-006-0125

Application Procedure

The purpose of this rule is to set forth requirements that must be met by local government applicants in submitting an application 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 Form. All applications for funding assistance for outdoor park and recreation program projects must be submitted on forms 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) Program narrative;

(b) Environmental assessment;

(c) Vicinity map;

(d) Project boundary map;

(e) Civil Rights compliance;

(f) 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;

(g) Preliminary plans and specifications for construction projects;

(h) Estimate of development costs and project construction schedule;

(i) Copy of property Purchase Agreement (for acquisitions only);

(j) Local/County Planning Department Certification/Review;

(k) All required permits and certifications as identified in the Local Government Grant Policies and Procedure Manual;

(l) Government-to-Government Inquiries (Tribal) – Certification to the Department that the Project Sponsor has communicated their grant proposal to the appropriate federally recognized tribe for the review and determination of tribal interest or concern for those areas of known or suspected tribal archeological resources.

(m) Other documentation that may be required by the Department.

(6) Project Award Procedure:

(a) Upon receipt of the application by the Department, the Grants Program 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 with large project grant requests may be expected to provide a presentation to the Committee under a procedure established by the Department.

(c) Project Sponsors whose projects have been approved by the Commission 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) Preliminary plans and specifications (for construction projects);

(C) Appraisal for acquisition projects. Appraisals must conform to the Uniform Appraisal Standards for Federal Land Acquisitions;

(D) Preliminary title report for acquisitions;

(E) Verification that the applicant has a Compliance Plan that meets the requirements of the Americans with Disabilities Act of 1990 and its 2010 regulations.

(d) The Department will remove those project applications from the Commission approved list that are unable to provide the required documentation required in subsection (c) of this section.

(e) 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.

(f) Projects that do not receive funding assistance for the fiscal year submitted will be returned to the applicant without prejudice.

(7) Project Agreement:

(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 and bill 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 billed 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.

(h) The Project Sponsor must submit requests for time extensions to complete work to the Department in writing and must be approved 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.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 7-1999, f. & cert. ef. 11-23-99; PRD 6-2004, f. & cert. ef. 5-5-04; PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08; PRD 3-2012, f. & cert. ef. 5-11-12

736-006-0145

Local Government Grant Advisory Committee

(1) The Committee shall be composed of ten (10) members appointed by the Director to four-year terms and shall represent the following interests:

(a) Counties east of the Cascade Mountains;

(b) Counties west of the Cascade Mountains;

(c) Cities under 15,000 people;

(d) Cities over 15,000 people;

(e) Park and Recreation Districts, Metropolitan Service Districts or Port Districts;

(f) Oregon Parks and Recreation Department;

(g) People with Disabilities; and

(h) Three members of the public at large, with at least one member who represents the ethnic diversity of the state’s population;

(i) The chair shall be appointed by the Director from the Committee membership, considering the recommendations of the Committee.

(2) Committee members shall be selected for each position by:

(a) County representation shall be from lists supplied by the Oregon Parks Association and the Association of Oregon Counties;

(b) City representation shall be from lists supplied by the Oregon Recreation and Park Association and the League of Oregon Cities;

(c) Park and Recreation Districts, Port Districts, or Metropolitan Service Districts representation shall be from a list supplied by the Special Districts Association of Oregon;

(d) Representatives for Public at Large, People with Disabilities, and the Department shall be selected by the Director.

(3) The travel, meals and lodging expenses of all members of the Committee will be reimbursed by the Department according to the rates established by the Department of Administrative Services and approved by the Director.

(4) Function of Local Government Grant Advisory Committee:

(a) The Committee shall meet upon the call of the Director. The Committee will establish a priority order of eligible local government projects for state funding assistance and provide other assistance as requested by the Department. The meeting will assure full and open project selection processes that will include an outreach to citizens of the state.

(b) The Department will provide public notice of all projects to be presented to the Committee at least 30 days prior to their meeting.

(5) Priority Selection Criteria. Large projects shall be prioritized by the Committee based on at least the following:

(a) Department review and recommendations, including a technical review of each project to confirm eligibility of the local government and the proposed project.

(b) The Committee shall score all applications using project selection criteria, including but not limited to the following:

(A) Extent the project demonstrates user benefits, public interest and support;

(B) Extent the project demonstrates conformance with local and state planning guidelines, the Statewide Comprehensive Outdoor Recreation Plan (SCORP) and local Park Master Plans; all projects must be identified in local comprehensive plans and current master plans;

(C) Financial considerations, including cost/benefit ratio;

(D) Environmental assessment as defined in the Local Government Grant Procedure Manual;

(E) Extent the project increases outdoor recreation opportunity in the service area;

(F) Extent the Project Sponsor employs the principles of sustainability in their project(s);

(G) How well the project’s design accommodates people with disabilities.

(c) Small project requests will be scored and prioritized for funding by a committee appointed by the Director using the above criteria in subsection (b) of this section.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 7-1999, f. & cert. ef. 11-23-99 ; Renumbered from 736-006-0130, PRD 6-2004, f. & cert. ef. 5-5-04; PRD 3-2012, f. & cert. ef. 5-11-12

736-006-0150

Emergency Procedure

(1) Under certain conditions such as, but not limited to, reduction or increase of these funds, an emergency procedure for awarding or canceling grants may be initiated at the discretion of the Director.

(2) In implementing the emergency procedure, the Director shall consider the availability of funds; the scope and need of projects available for funding; the urgency and statewide importance of prospective projects; and the need to expend additional funds that may become available in a timely manner. The Director may propose projects to the Commission for funding under this section and the Commission may waive other requirements of this rule for the purpose of obligating funds in a timely manner.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 7-1999, f. & cert. ef. 11-23-99 ; Renumbered from 736-006-0135, PRD 6-2004, f. & cert. ef. 5-5-04; PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08; PRD 3-2012, f. & cert. ef. 5-11-12


 

Rule Caption: Veterans and War Memorial Grant Program Changes as Required by Senate Bill 342.

Adm. Order No.: PRD 4-2012

Filed with Sec. of State: 5-11-2012

Certified to be Effective: 5-11-12

Notice Publication Date: 3-1-2012

Rules Amended: 736-017-0005, 736-017-0010, 736-017-0020, 736-017-0035

Subject: The proposed rules redefine the grant applicant as being a local government entity instead of a non-profit veteran’s organization per Section 6 of Senate Bill 342 from the 76 Oregon Legislative Assembly – 2011 Regular Session.

Rules Coordinator: Vanessa DeMoe—(503) 986-0719

736-017-0005

Definitions

As used in this division, unless the context requires otherwise, the following definitions apply:

(1) “Agreement” means the formal contract between OPRD and the Project Sponsor describing the terms and conditions associated with any granting of funds. Also called “Grant Agreement.”

(2) “Commission” means the Oregon Parks and Recreation Commission.

(3) “Committee” means the Veterans and War Memorial Grant Review Committee described in OAR 736-017-0010.

(4) “Department” means the Oregon Parks and Recreation Department (OPRD).

(5) “Construction” means the creation of a new memorial on public property.

(6) “Director” means the director of the Oregon Parks and Recreation Department.

(7) “Eligible Project” means a construction or restoration undertaking which satisfies the requirements of the Veterans and War Memorial Grant Program.

(8) “Governmental Entity” means a body of government, whether district, local or regional that owns or leases the property on which the project is to reside.

(9) “Grant” means an award from the Veterans and War Memorial Grant Program.

(10) “Grant Application” means the form and its format as developed by the OPRD that an applicant uses to request a grant.

(11) “Match” means project sponsor’s budgeted funds, donated funds, value of equipment, materials, labor, planning, or any combination thereof.

(12) “Maintenance” means the continuation or preservation of a memorial. It includes the routine maintenance of or around a memorial such as landscaping, power washing, general cleaning, dusting, or removal of trash.

(13) “Memorial” means a monument or place designed to commemorate or preserve the memory of wars involving the United States of America or to honor veterans of the Armed Forces of the United States of America.

(14) “Nonprofit Veterans’ Organization” means a group that:

(a) Is a nonprofit group that represents veterans of the Armed Forces of the United States, or is established for the purpose of supporting or recognizing such veterans;

(b) Has an established membership, that includes officers, and bylaws; and

(c) Is physically located in Oregon or has a chapter that is physically located in Oregon.

(d) Is also called a “Veterans’ Nonprofit Organization”.

(e) Is recognized as an existing non-profit status by the Internal Revenue Service.

(15) “OPRD” means the Oregon Parks and Recreation Department.

(16) “Planning” means the research, design, engineering, environmental, and site survey of any Memorial construction or restoration project.

(17) “Project Completion” means satisfaction of all requirements of a grant agreement as determined after review or inspection by OPRD.

(18) “Project Authorization” means the Agreement that authorizes the project as signed by the director and the Project Sponsor.

(19) “Project Sponsor” means the recipient of the grant funds and the responsible party for implementation of the project.

(20) “Public Property” means public lands, premises and buildings, including but not limited to any building used in connection with the transaction of public business or any lands, premises or buildings owned or leased by a local or regional government.

(21) “Restoration” means the improvement, rehabilitation, repair, or reconstruction of an existing memorial. It does not include routine maintenance.

(22) “Veterans and War Memorial Grant Instruction Manual” means a manual prepared by the OPRD containing state policies, procedures, instructions and grant criteria to assist applicants and Project Sponsors wishing to participate in the Veterans and War Memorial Grant Program.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.180(1)(d)
Hist.: PRD 6-2006, f. & cert. ef. 12-15-06; PRD 4-2012, f. & cert. ef. 5-11-12

736-017-0010

Veterans and War Memorial Grant Review Committee

(1) The Veterans and War Memorial Grant Review Committee shall be composed of 12 members. The committee shall include:

(a) The Local Government Grant Advisory Committee described in OAR 736-006-0145; and

(b) Two people appointed by the director to four-year terms that represent either a veterans’ organization or a governmental agency responsible for the administration of law relating to veterans.

(2) The director shall appoint the chair from the committee membership, considering the recommendations of the committee.

(3) The committee shall meet upon the call of the director.

(4) The Veterans and War Memorial Grant Review Committee shall follow grant application review procedures as provided in this division.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.180(1)(d)
Hist.: PRD 6-2006, f. & cert. ef. 12-15-06; PRD 4-2012, f. & cert. ef. 5-11-12

736-017-0020

Eligibility

(1) The department may consider a grant application from any local or regional government that meets the requirements of this section.

(2) Site. To be eligible for a grant, a memorial must be placed on public property owned or controlled by a local or regional government.

(3) The project sponsor must agree in writing to:

(a) Having the memorial sited and maintained for not less than 20 years from completion of the project.

(b) An applicant must provide in their grant application:

(A) General description of the intended construction or restoration project;

(B) Documentation that demonstrates cooperation with a non-profit veterans’ organization assisting in the construction or restoration of a memorial;

(C) Location of project with site maps;

(D) Conceptual design drawings, engineering plans, or both.

(E) Description of project time period including proposed beginning and completion dates;

(F) Roles and responsibilities of the project sponsor and veterans’ organization including post-project completion responsibilities;

(G) Description of financing plan for eligible projects, including sources of funds and match;

(H) Summary of proposed budget for the eligible project;

(I) Allowance by the state for any audits.

(4) Matching Requirements. The Veterans and War Memorial Grant program provides, subject to the availability of funds, for up to 80 percent funding assistance with a minimum of 10 percent cash match. The project sponsor shall provide a minimum 10 percent cash match. The project sponsor may provide the remaining match by planning work done prior to project authorization or planning, construction, or restoration work performed following project authorization.

(5) Ineligible costs for grant:

(a) Overhead – The regular operating expenses of either the applicant or the governmental entity receiving the memorial such as rent, building upkeep, utilities, and all fixed costs associated with the daily operations of a business, agency or group;

(b) Overtime;

(c) Expenses for equipment or materials used outside the scope of this project;

(d) Costs or expenses incurred prior to a Grant Agreement except planning work done prior to project authorization under section (4) above.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.180(1)(d)
Hist.: PRD 6-2006, f. & cert. ef. 12-15-06; PRD 4-2012, f. & cert. ef. 5-11-12

736-017-0035

Award of Grants

(1) Grants will be subject to binding grant agreements between the OPRD and the Project Sponsor. The grant agreement will specify the terms and conditions of the grant, generally including:

(a) The total project costs, the match to be provided by the Project Sponsor, and the amount of the grant;

(b) A statement of the work to be accomplished;

(c) When the grant-assisted project may begin and a schedule for accomplishing work, reporting on progress, delivering products, and project completion.

(2) If grant funds remain or become unobligated, the department may reallocate such funds to other department grant programs.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.180(1)(d)
Hist.: PRD 6-2006, f. & cert. ef. 12-15-06; PRD 4-2012, f. & cert. ef. 5-11-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​