justicedao/ipfs_state_laws huggingface dataset:
738-124-0050 Department Review of COAR Applications (1) The Department shall review applications for completeness and to confirm that Applicants and projects are eligible to receive funds. As part of its review, the Department may ask an Applicant to supply missing information or to provide clarification about Applicant or project eligibility. (2) If an Application is incomplete, or an Applicant or project is ineligible, the Department shall, within 15 business days of making such determination: (a) Specify in writing or email to the Applicant the additional information the Applicant must provide to complete the application or establish eligibility; or (b) Notify the Applicant in writing or email that the Applicant or Project is ineligible and briefly describe the basis for ineligibility. (3) If the Applicant fails to provide requested information within 10 business days from the date of the Department’s written or email communication made pursuant to subsection (2)(a) of this rule, the Department may consider the application ineligible and provide the notice described in subsection (2)(b) of this rule. (4) Affected Applicants may submit written protests of ineligibility determinations to the Director. Protests must be submitted in writing to the Director within 5 business days of the date of notice of the Department’s determination of incompleteness or ineligibility that is being protested. (5) The Director shall prepare a written response to the protest no later than 45 business days after the date the protest is received. The Director’s written decision is final. Statutory/Other Authority: ORS 835.035, ORS 835.040, ORS 835.112 & ORS 319.023 Statutes/Other Implemented: ORS 835.025, ORS 835.035 & ORS 319.023 History: AVIA 2-2024, amend filed 06/25/2024, effective 07/01/2024 AVIA 4-2022, amend filed 08/29/2022, effective 08/29/2022 AVIA 1-2020, adopt filed 02/13/2020, effective 02/13/2020
738-124-0080 COAR Program Administration (1) The Department shall administer all COAR grants. (2) The Department and Recipient shall execute a written Agreement in a form acceptable to the Department prior to the disbursal of funds for an application approved by the Board. (3) The Agreement may contain, without limitation, the following provisions: (a) A provision which requires a Recipient to submit documentation of the projected costs for the project must be submitted to the Department prior to the disbursal of funds. (b) A provision which requires that disbursal of funds be made on a reimbursement basis upon review and approval of auditable documentation (c) A provision requiring the Recipient to separately account for all monies received from the ASAP Fund in project accounts in accordance with Generally Accepted Accounting Principles. (d) A provision that states only project costs incurred on or after the effective date of the Agreement are eligible for grant funds, with the exception of Priority 1 FAA grant match projects for which all other applicable FAA grant requirements have been met. (e) A provision which authorizes the Department to withhold a percentage of funds for which reimbursement is sought by a Recipient and authorizes the Department to release the funds to Recipient when the conditions established by the Department are met or upon final project acceptance by the Department. (f) A provision which requires a Recipient to remain current on all applicable state and local taxes, fees and assessments for the useful life of the project as prescribed in the Agreement. (g) A provision or provisions which protect public funds by identifying circumstances under which the Department may require repayment of disbursed funds or terminate the Agreement and which identify the rights and remedies of the Department upon termination. (h) Provision which state conditions that may necessitate an amendment to the Agreement and require changes to the project’s cost, scope, objectives, or timeframe be effective only upon written amendment to the Agreement. (i) A provision that states the maximum period of performance (j) A provision that states the closeout period and circumstances under which the Department may close out the grant. (k) Provisions which require the Recipient to provide the Department with information, records, materials, progress reports or other information that may be requested by the Department. (l) A provision which authorizes the Department to conduct reasonable inspections of projects funded under the Agreement. (4) The Department shall comply with applicable review requirements set out in statute, rule, or Department policy prior to executing Agreements. Statutory/Other Authority: ORS 835.035, ORS 835.040, ORS 835.112 & ORS 319.023 Statutes/Other Implemented: ORS 835.025, ORS 835.035 & ORS 319.023 History: AVIA 1-2025, amend filed 12/09/2025, effective 01/01/2026 AVIA 2-2024, amend filed 06/25/2024, effective 07/01/2024 AVIA 4-2022, amend filed 08/29/2022, effective 08/29/2022 AVIA 1-2020, adopt filed 02/13/2020, effective 02/13/2020
738-124-0090 SOAR Program (1) SOAR Project List. The Department shall prepare, as approved by the Director, a list of proposed projects that serve at least one of the purposes described in OAR 738-124-0010 (“SOAR project list”). The Department shall provide the Board the SOAR project list. (2) Approval by Board. The Board shall approve or reject projects listed in the SOAR project list at a public meeting. The Board may increase or decrease dollar amounts allocated to projects it approves from the SOAR project list. Statutory/Other Authority: ORS 835.040, ORS 835.035, ORS 835.112 & ORS 319.023 Statutes/Other Implemented: ORS 835.040, ORS 835.025 & ORS 319.023 History: AVIA 1-2025, amend filed 12/09/2025, effective 01/01/2026 AVIA 2-2024, amend filed 06/25/2024, effective 07/01/2024 AVIA 1-2020, adopt filed 02/13/2020, effective 02/13/2020
738-125-0010 Purpose The purpose of this rule is to establish fair, reasonable and nondiscriminatory processes and criteria to govern the Department’s Financial Aid to Municipalities (FAM) Grant Program. The FAM Grant Program fosters a statewide system of airports through discretionary award of financial assistance for airport planning, development and capital improvement projects. Monies eligible for distribution under the FAM Grant Program include revenue derived from ORS 319.020. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015 & 836.070 History: AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0015 General Provisions The FAM Grant Program is a discretionary grant program of the Department. Program funding depends upon: (1) The dedicated FAM Grant Program line item amount(s) in the Department’s biennial budget, as approved by the Oregon Legislature; and (2) Department policies and priorities, as described in these rules. (3) The FAM Grant Program is available to the following categories: (a) Emergency Preparedness Funding Grants (b) Economic Development Opportunity Funding Grants (c) Grant matching — FAA Airport Improvement Program Funding Match (4) The maximum amount of money available from a FAM Grants is $150,000 per application. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015 & 836.070 History: AVIA 5-2016, f. & cert. ef. 10-31-16 AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0020 Applicant Eligibility (1) Public Use Airport Owners and Airport Sponsors, both private and public, including Oregon municipalities, as defined by ORS 836.005, may apply for FAM Grant Program assistance. In these rules a municipality is called “applicant” or “airport sponsor.” (2) To qualify to apply for a FAM grant, an applicant must: (a) Own or operate a public-use airport included in the current Oregon Aviation Plan (OAP), or be building or purchasing a public-use airport; (b) Unless the application is for developing airport zoning, have enacted, or begun the process of enacting, airport zoning for the airport in accordance with OAR 660-013; and (c) Unless the application is for developing an Airport Layout Plan (ALP), a non-NPIAS (National Plan of Integrated Airport System), the applicant must have a current ALP for the airport, consistent with Federal Aviation Administration (FAA) requirements, that meets these criteria: (A) The ALP was completed within the last 10 years; (B) The ALP has been accepted by the FAA or the Department; and (C) The ALP has been adopted or is pending adoption by the municipality’s governing body. Adoption shall be by ordinance or by inclusion in the municipality’s comprehensive plan. More specifically: (i) Adoption may occur after notification that the municipality has received a tentative award of FAM grant funds; however, (ii) Adoption must occur before detailed project planning and engineering; and (iii) Adoption must occur prior to disbursement of FAM grant funding to the municipality. (3) Applicant must warrant that any grant award will be spent or obligated within the fiscal year for which the grant is made, or have an approved schedule showing completion of the project within 2 years. (4) Applicant must warrant availability of required dollar match for any potential grant, as described in OAR 738-125-0030. (5) Applicants that are delinquent on any financial obligation to federal, state or local governments may not receive a grant or grants from ODA. Any exceptions to this requirement must be approved by the State Aviation Board. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015 & 836.070 History: AVIA 3-2017, f. & cert. ef. 7-12-17 AVIA 1-2017(Temp), f. & cert. ef. 3-8-17 thru 9-1-17 AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0025 FAM Grant Application Criteria (1) To be eligible for FAM grant funds, the applicant’s project must meet at least one of the following criteria: (a) Prevent future deficiencies and preserve existing facilities; (b) Eliminate existing deficiencies as described in the current OAP; (c) Modernize the airport by exceeding state or federal minimum standards as stated in the current OAP and identified by FAA Advisory Circulars (AC’s) or other regulations; (d) Leverage available state and federal funds for airport planning and capital improvements; or (e) Contribute to the airport’s financial self-sufficiency. (2) Capital construction projects at airports included in the National Plan of Integrated Airport Systems (NPIAS) must meet current FAA design criteria and grant assurances. (3) Applicant shall include a project narrative which: (a) Describes benefits of proposed improvements; (b) Describes and confirms existence of local airport zoning; (c) Provides details of future maintenance commitments; (d) Describes potential for on-airport expansion; and (e) Shows availability of adequate surface access to the airport. (4) The applicant shall address the potential environmental impacts of the project by providing: (a) A written “Negative Environmental Declaration” or a FAA Environmental Checklist to confirm there will be no significant environmental impact (for NPIAS airports). (b) If an FAA Environmental Checklist is not required for the project, applicant shall certify it will satisfy all federal National Environmental Protection Act (NEPA) requirements as required or provide documentation showing there are no state or federal environmental requirements. (c) If an Environmental Impact Statement (EIS) is required by the FAA, it shall satisfy the requirements of sections (4)(a) and (b). (d) If an EIS is required to complete a project, it shall conform to the NEPA requirements. (e) Airport planning projects are exempt from the requirements of this section, (Section 738-125-0025(4)). (5) If the application requests funding to develop an ALP or to establish airport zoning, the applicant need not meet the requirements of (1) through (4), but must comply with all other application requirements of these rules. (6) An application must include a formal certification asserting that all rules and regulations of federal, state and local regulatory agencies pertaining to the airport and the proposed project are known and will be complied with, including particularly those of the following agencies: (a) Oregon Department of Aviation; (b) Oregon Department of Land Conservation and Development; (c) Oregon Department of Environmental Quality; (d) Oregon Department of Fish & Wildlife; (e) Local planning commissions; (f) Army Corps of Engineers; (g) Federal Aviation Administration; and (h) Any other state, local or federal agencies having jurisdiction over the use or environmental regulation of land potentially affected by the application. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015 & 836.070 History: AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0030 Matching Requirements (1) All applicants must show the ability to provide a dollar match if awarded a FAM grant. This match can be either in cash or in-kind services. (2) FAM grants may be made to the applicant for a maximum of $150,000 per application. (3) FAM grant funds may be used as: (a) Local match for a federally funded Airport Improvement Program (AIP) grant or planning grant to develop or update an airport ALP or Master Plan; (b) Local match for a project eligible under the AIP but not funded by that program; and (c) Local match for other federal grants. (4) FAM grant match requirements are based on the airport’s category as listed in the current OAP. This match will be: (a) Category 1a — Commercial Primary: 50% (b) Category 1b — Other Commercial Non-Primary (less than 10,000 enplanements): 35% (c) Category 2 — Business: 25% (d) Category 3 — Regional: 10% (e) Category 4 — Community: 10% (f) Category 5 — Low Activity: 5% (5) Labor costs and equipment rental related to the project may be submitted as in-kind contributions; however, a list of all proposed hourly labor costs or equipment rental fees must be submitted with the grant application. If proposed rates and fees are not approved by the Department, the applicant may substitute cash. Labor hourly rates may not include overhead. (6) The following are not eligible as in-kind resources: (a) Land values for previously acquired land; (b) Value of buildings or other improvements; and (c) Non-capital expenditures or expenditures that may be properly designated as “operations and maintenance,” including but not limited to: (A) Wages or salaries; (B) Utilities; (C) Service vehicles; (D) Professional services, except for engineering services for the proposed capital improvements under the program; (E) Supplies; (F) Value of construction equipment; or (G) Upkeep and landscaping. (7) FAM grant funds will not be used as a match for any other Department funded program, such as the Pavement Maintenance Program or ODOT ConnectOregon. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015 & 836.070 History: AVIA 5-2016, f. & cert. ef. 10-31-16 AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0040 Application Process (1) The Department shall provide potential applicants with an application package for the FAM Grant Program, to include: (a) A copy of OAR 738-125 “Financial Aid to Municipalities (FAM) Grant Program.” (b) An application form requiring full disclosure of all information needed to fairly evaluate the applicant’s need for a grant; (c) Clear instructions for completing the grant application; (d) A list and samples of mandatory supporting documents and addenda, including instructions for their preparation; and (e) A sample grant agreement. (2) The Department shall, on an annual basis, inform all Oregon municipalities with public use airports, and sponsors of privately owned public-use airports, that FAM grants are available, and how to obtain an application packet. The notice shall include a list of all application deadlines. (3) To be considered for a FAM grant, a completed application package, including all required information, materials, attachments and addenda must be submitted to the Department by the application deadline. (4) If additional FAM grant funds become available between annual grant cycle deadlines, the Department will: (a) Award grants to applicants who submitted an eligible grant application but did not receive a first-round grant. (b) If all applicants received funding in the first-round, inform all eligible municipalities, and establish a supplemental application cycle. The supplemental application process shall conform to this rule. (c) Award no more than $150,000 per application, per airport. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015, 836.070 & 319.020 History: AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0045 Project Selection and Fund Allocation (1) The Department shall consider the following factors in its review of all eligible projects: (a) Funds budgeted for the FAM Grant Program; (b) Demand for program assistance by applicants; and (c) Total available funds compared to total numbers of applicant projects. (2) The State Aviation Board shall establish a review committee composed of one member from each of the area commissions on transportation chartered by the Oregon Transportation Commission. (a) The review committee shall meet as necessary to review applications for distribution of funds for the FAM Grant Program. ORS 367.084 (3) applies to the review process of the review committee. (b) The review committee shall recommend applications to the State Aviation Board. (3) Applications must be formally approved by the Aviation Board before the Department may commit to any grant or enter into a grant agreement with the airport sponsor. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015, 836.070 & 319.020 History: AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0050 Grant Agreements (1) The Department shall enter into a Grant Agreement with municipality selected to receive a FAM grant prior to distributing program funds. (2) FAM Grant Agreements shall include the following elements: (a) General terms of agreement, including but not limited to: (A) The specific airport project receiving grant funding; (B) Maximum dollar allocation; (C) Effective dates of the grant; (D) Rights to terminate the grant agreement; (E) Inspection and reporting requirements to verify project work and expenditures before distribution of grant program funds; and (F) Other terms and conditions as specified in the Sample Grant Agreement provided with the application packet. (b) Municipality obligations, including but not limited to: (A) The cash or in-kind match required from the municipality; (B) A requirement that grant recipients must maintain and operate the airport as an airport in a usable, safe, and orderly manner at all times for a period of at least 20 years from the date of the agreement; (C) A financial requirement that grant recipients must deposit all income derived from the airport into an airport account for a period of at least 20 years from the date of the agreement, with those funds used only for the operation, maintenance or capital improvement of the airport; (D) A prohibition against the applicant and its contractors and lessees or any successor thereto granting any exclusive right to use the airport or airport improvements, or to provide services at the airport during the life of the agreement, or for 20 years, whichever is longer; and (E) A requirement that applicant will insert provisions in future lease agreements or contracts requiring all aircraft based at the airport to be registered with Department in accordance with ORS 837.040. Based aircraft is defined as those aircraft based at an airport for more than 30 days. (c) Department’s obligations, including but not limited to: (A) Conditions of disbursement of grant funds including obligation to repay funds if the terms of the agreement are not complied with; and (B) Other Department obligations as specified in the Sample Grant Agreement provided with the application packet. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015, 836.070 & 319.020 History: AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-125-0055 Waivers and Exceptions The Board may, in its discretion and/or upon the recommendation of the Department, waive any provision of this rule upon a finding that there is an imminent and likely loss of a facility, or of funds available to a facility, or that a condition exists causing imminent danger to pilots or aircraft using an airport, and that an immediate FAM grant is reasonably likely to alleviate the loss or danger. The Board may also, in its discretion and/or upon the recommendation of the Department, make exceptions to the minimum and maximum allowable limits of a grant award. In making such a finding the Board must find: (1) The project proposed meets the overall purpose of the FAM program, and is consistent with the provisions and policies of the OAP; (2) There is in the Board’s reasonable judgment evidence showing that any of the following would be adversely affected unless FAM funds were made available: (a) Aviation safety; (b) Community safety; (c) Airport viability; (d) Availability of federal funds; and (3) Alternate funding sources are inadequate to meet the need addressed by the proposed exception. Statutory/Other Authority: ORS 835.035, 835.040 & 835.112 Statutes/Other Implemented: ORS 835.015, 835.025, 836.015, 836.070 & 319.020 History: AVIA 2-2016, f. & cert. ef. 5-26-16 AVIA 2-2004, f. & cert. ef. 5-24-04
738-130-0005 Purpose The purpose of this division is to establish the procedures used by the Department of Aviation to implement the provisions of its State Agency Coordination Program which assure that Department land use programs are carried out in compliance with the statewide planning goals and in a manner compatible with acknowledged comprehensive plans, as required by ORS 197.180 and OAR 660, divisions 30 and 31. The Department of Aviation adopts the provisions of the State Agency Coordination Program in effect on the date this rule is filed with the Secretary of State. Statutory/Other Authority: ORS 835.035 & 835.112 Statutes/Other Implemented: ORS 197.180 History: AVIA 2-2015, f. & cert. ef. 7-28-15