justicedao/ipfs_state_laws huggingface dataset:
736-016-0025 Fee Waivers, Reductions and Exemptions (1) The department may exempt public agencies from special use permit requirements upon the department’s determination that an exemption will not create significant risk to the health and safety of the public or damage to park resources. (2) In lieu of the fees charged under OAR 736-016-0023, the department may allow the applicant to provide in-kind services or other value in accordance with OAR 736-015-0035. (3) Special uses conducted in partnership with the department may have a negotiated fee. Statutory/Other Authority: ORS 183 & 390.124 Statutes/Other Implemented: ORS 390.111, 390.121 & 390.124 History: PRD 7-2012, f. & cert. ef. 10-17-12 PR 5-1992, f. & cert. ef. 9-24-92 PR 1-1990, f. & cert. ef. 5-14-90 PR 11-1986, f. & cert. ef. 7-9-86 PR 15-1981, f. & cert. ef. 11-20-81 PR 11-1981(Temp), f. & cert. ef. 6-26-81
736-017-0000 Purpose The purpose of this division is to establish the procedures and criteria that the Oregon Parks and Recreation Department (OPRD) will use in recommending Veterans and War Memorial Grants for funding to the commission pursuant to ORS 390.180(1)(d). Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0010 Veterans and War Memorial Grant Review Committee (1) The Veterans and War Memorial Grant Review Committee shall be composed of five members selected by the department for their interest or expertise in veteran or military issues, at least two of which represent either a veterans organization or a governmental agency responsible for the administration of law relating to veterans or for their knowledge of memorial construction or preservation. (2) The Veterans and War Memorial Grant Review Committee shall follow grant application review procedures as provided in this division. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 2-2015, f. & cert. ef. 10-1-15 PRD 4-2012, f. & cert. ef. 5-11-12 PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0015 Director Authority (1) In addition to those considered by the committee, the director may recommend eligible projects to the commission for grant funding. The director may recommend grants for construction and restoration. (2) The director may recommend funding eligible projects either in whole or in part. (3) The director may establish minimum or maximum grant award amounts each funding cycle. (4) The director may establish funding priorities or other criteria for each funding cycle. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0020 Eligibility (1) The applicant and project sponsor must be either a local, regional, or tribal government. (2) Site. To be eligible for a grant, a memorial must be placed on public property. If the property is not owned or controlled by the project sponsor, there must be an agreement in place between the project sponsor and the public property owner stating that the memorial will remain in place for at least 25 years. (3) The project sponsor must agree in writing to keep in place and maintain the memorial for at least 25 years from completion of the project. If the property is not owned or controlled by the project sponsor, there must be an agreement in place between the project sponsor and the public property owner stating that the memorial will remain in place for at least 25 years. (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, 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. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 4-2018, amend filed 02/23/2018, effective 02/23/2018 PRD 2-2015, f. & cert. ef. 10-1-15 PRD 4-2012, f. & cert. ef. 5-11-12 PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0025 Application Process (1) When the commission has Veterans and War Memorial Grant Program funds to award, the director will announce through a variety of media the availability of, application procedures for, deadlines and other information for applying for a grant, including whether the director has established funding priorities for that funding cycle. (2) Applicants must submit a grant application to the department. Applicants may use the “Veterans and War Memorial Grant Instruction Manual” for guidance in preparing and submitting a grant application to the department. (3) A grant application that contains multiple work items must be structured so that the commission may award partial funding to a specific work item proposed in the grant application. [ED. NOTE: Forms referenced are available from the agency.] [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0030 Evaluation of Applications (1) The department will review eligible applications that the department receives by the announced deadline for completeness. The department will provide all complete, eligible applications to the committee. (2) The committee will rank applications based on the following criteria: (a) Whether the application meets the director’s funding priorities for that funding cycle; (b) Whether the application has demonstrated the need for the project; (c) Whether the applicant has demonstrated that adequate budget and financial controls are in place to properly administer the grant; and (d) Any other criteria determined by the director prior to the announcement of the availability of grant funding, and which are contained in that announcement. (3) The committee recommends funding grants up to the amount of funds that may be available in the program that biennium. The committee may also rank several alternates in priority order that may be funded if any of the recommended grants are not awarded. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 6-2006, f. & cert. ef. 12-15-06
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. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 4-2012, f. & cert. ef. 5-11-12 PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0040 Disbursement of Grant Funds (1) All grant funds shall be disbursed to project sponsors on a reimbursable basis after submission of billings on approved schedules specified in grant agreements. Project sponsor shall supply information substantiating billings if requested by the department. (2) Under certain conditions such as reduction or increase of these funds an emergency procedure for awarding or canceling grants may be initiated at the discretion of the director. (3) In implementing the emergency procedure, the director shall consider the availability of funds; the scope and need of projects available for funding; and the urgency and statewide importance of prospective projects. The director may propose projects to the commission for funding under this section and the commission may waive other requirements of these rules for the purpose of obligating funds in a timely manner. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 6-2006, f. & cert. ef. 12-15-06
736-017-0050 Recovery of Grant Funds (1) Project sponsors that fail to complete approved projects to the department’s satisfaction shall return all unexpended grant funds. (2) Project sponsors shall maintain records adequate for audit purposes for a period of not less than five years after project completion and shall reimburse the department for any costs questioned in audit findings. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.180(1)(d) History: PRD 6-2006, f. & cert. ef. 12-15-06
736-018-0000 Purpose The purpose of OAR 736-018-0000 through 736-018-0045 is to implement provisions of ORS 390.180 which require the Director of the State Parks and Recreation Department to adopt rules that: (1) Establish a process for the development of a master plan for each state park, including public participation and coordination with affected local governments; and (2) Establish a master plan for each state park, including an assessment of resources and a determination of capacity for public use and enjoyment of each park. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98 PRD 4-1998, f. & cert. ef. 3-23-98 PR 6-1996, f. 8-8-96, cert. ef. 8-12-96 PR 8-1995, f. 10-4-95, cert. ef. 10-13-95 PR 5-1995, f. & cert. ef. 7-7-95 PR 9-1993, f. & cert. ef. 6-3-93 PR 9-1991, f. & cert. ef. 6-14-91 PR 7-1991, f. & cert. ef. 6-13-91 PR 2-1991, f. & cert. ef. 3-5-91 PR 6-1988, f. & cert. ef. 12-16-88 PR 1-1987, f. & cert. ef. 3-2-87 PR 8-1986, f. & cert. ef. 5-28-86 PR 9-1983, f. & cert. ef. 8-18-83 PR 13-1982, f. & cert. ef. 10-11-82 PR 11-1982, f. & cert. ef. 9-23-82 PR 10-1982, f. & cert. ef. 8-30-82 PR 5-1982, f. & cert. ef. 4-23-82 PR 10-1981, f. & cert. ef. 4-24-81
736-018-0005 Definitions The following definitions, and the definitions in OAR 736-018-0020(1), apply to 736-018-0000 through 736-018-0045 unless the context requires otherwise. (1) “Administrative Site”: Property owned or managed by the Department that is used solely for state park administration and/or maintenance facilities. An administrative site has no known outstanding resources or recreational values that would support the state park system mission and role, and is not within or contiguous to a state park. (2) “Affected Local Government”: A city or county having land use jurisdiction where a state park master plan or park use is proposed. (3) “Commission”: The Oregon State Parks and Recreation Commission. (4) “Department”: The Oregon State Parks and Recreation Department. (5) “Director”: The director of the Oregon State Parks and Recreation Department. (6) “Endowment Property”: Department-owned property which has no known outstanding resources or recreational values which would support the state park system mission and role, and which is intended for sale, trade, lease or donation to a different entity or for management for a purpose which does not directly support the state park system mission and role. (7) “Master Plan”: State park master plan. (8) “Park Use Area”: An area of a state park designated as one of the following: General Camping Area, Group Camping Area, Day Use Area, Park Interpretation/Information Area, Park Lodging Area, Park Retreat Area, Boating/Fishing Area, Swimming Beach Area, or Management/Maintenance Area. These park use areas are defined in the Department’s “Traditional State Park Uses” list. Each park use area definition includes a description of the park facilities that may be provided within the park use area. (9) “Park Visitor”: Any member of the public who enters a state park for the primary purpose of enjoying or learning about the natural, historic or prehistoric, or scenic resources associated with the park setting. (10) “SCORP”: The State Comprehensive Outdoor Recreation Plan, which is the document used by the Department to identify and assess Oregon outdoor recreation needs. (11) “State Park”: Any property owned or managed by the Department that has been determined by the Department to have outstanding natural, cultural, scenic and/or recreational resource values that support the state park system mission and role. Endowment properties and administrative sites are not state parks for purposes of this division. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98
736-018-0010 Purpose of State Park Master Plans The purpose of state park master plans is to plan for protection and public enjoyment of state park resources. Master plans identify and provide for protection of important natural, cultural and scenic resources within state parks, and provide for the most appropriate recreation-related uses for the parks based on resource opportunities and constraints, development opportunities and constraints, public recreational needs and the Department’s role as a public recreation provider. Master plans also set forth natural, cultural and scenic resource management goals, objectives and guidelines for the parks. The master planning process provides a forum for public and agency participation in the completion of each master plan. State park master plans and master plan amendments are completed on a priority basis to address impacts on resources and resource management needs, to address critical and current recreational use levels and to plan for future use based on assessments of future recreation needs. The master planning process may include the identification of lands desired by the Department for acquisition in relation to the park being master planned, and identification of any potential new endowment properties within the parks. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98
736-018-0025 State Park Uses The Department may propose any uses for a state park which are consistent with the state park master planning criteria described in OAR 736-018-0020. (1) The Commission and Department recognize that certain state park uses are traditional in Oregon’s state parks. These traditional uses are described in the Department’s “Traditional State Park Uses” list. Traditional state park uses are consistent with the Commission and Department’s role as a public recreation provider. (2) As provided by ORS 195.120, when considering a local comprehensive plan amendment as required for local adoption of a master plan, a local government is not required to adopt an exception to Statewide Planning Goals 3 or 4 for park uses listed under OAR 660-034-0035, provided the uses meet all other statewide goals and are provided for in a master plan adopted by the Department. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98
736-018-0030 Dispute Resolution Notwithstanding OAR 736 division 70, this rule sets forth the Department’s requirements for resolving objections that may be raised by affected local governments in the master planning process as described in OAR 736-018-0028(9). This rule is intended to be used in conjunction with OAR 660-034-0025, which provides direction to local governments regarding dispute resolution in a state park master planning process. (1) Upon receiving an objection that meets the requirements in section (2)(a) and (b) of this rule, the Department shall attempt to resolve the objection during the 60 day delay period described in OAR 736-018-0028(9), either through informal discussions with the local government or through formal mediation. (2) The Department may choose to engage in dispute resolution for any issues raised by an objection. However, the 60 day delay period described in OAR 736-018-0028(9) is only required if: (a) The objection is raised by a letter from the governing body of the affected local government to the Director within the comment period described in OAR 736-018-0028(8)(b); and (b) The letter from the governing body indicates the reason or reasons why the local government believes the master plan, as proposed by the Department, is or may be inconsistent with the state park master planning criteria described in OAR 736-018-0020. (3) Depending on the results of the Department’s attempts to resolve the objection, the Department shall do one or more of the following as appropriate for the circumstances: (a) Delay adoption of the master plan until such time as the objection can be resolved through continued discussions or mediation with the local government; (b) Change the master plan to resolve the objection, provided that the changed master plan is consistent with the state park master planning criteria in OAR 736-018-0020; (c) Request LCDC mediation services as provided by OAR 660-034-0025; (d) Request a determination by LCDC regarding compliance of the master plan with the land use statutes, goals or related rules as provided by OAR 660-034-0025; or (e) Proceed with state rule adoption and submit the master plan to the local government for final action on the local plan amendment as described in OAR 736-018-0028(10). Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98
736-018-0035 State Park Master Plans Previously Adopted as State Rules Notwithstanding OAR 736-018-0015, 736-018-0028, and 736 division 70, the Department shall follow the process described in sections (1) and (2) of this rule in coordinating with an affected local government for any master plan that was adopted as a state rule but not adopted by the local government prior to the effective date of this rule. (1) The Department shall consult with the planning official of each affected local government regarding the compatibility of the master plan with the adopted local comprehensive plan. If all of the master plan provisions are compatible with the adopted local comprehensive plan, the Department may submit the master plan for local adoption during the local government’s periodic review. The Department shall request written confirmation from the planning official that the master plan is compatible with the local comprehensive plan. (2) If any of the master plan provisions are not compatible with the adopted local comprehensive plan, the Department shall do one of the following: (a) Submit the master plan for adoption through the local comprehensive plan amendment process; (b) Submit the master plan for adoption during the local government’s periodic review; or (c) Submit the master plan for readoption as a state rule, and follow the local government coordination procedures described in OAR 736-018-0028(7) through (10). Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98
736-018-0050 Management of State Park Forests: Policy The State Parks and Recreation Division shall manage forest resources to provide for the public’s enjoyment and to protect the natural resources. The Division shall determine the sensitivity of a forest where management needs are identified, and use the least disruptive practice feasible to accomplish management objectives. The Division shall involve the public in significant forest management programs. In emergencies, the Division may take the appropriate action and follow up with necessary evaluation after the action. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.121 History: PR 12-1986, f. & ef. 7-29-86
736-018-0060 Management of State Park Forests: Objectives (1) Protect the natural qualities of sensitive forest resources. (2) Manage forests to control fire and destructive pests, improve growth and vigor, rehabilitate damaged areas, and create desirable conditions. (3) Manage forests for safe, attractive, and compatible recreation opportunities. (4) Revenue generation is not an objective of park forest management, except in areas designated through publicized processes as being surplus to park needs. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.121 History: PR 12-1986, f. & ef. 7-29-86
736-018-0070 Management of State Park Forests: Planning, Coordination, and Cooperation The Division shall: (1) Incorporate forest management in park master plans. For parks without master plans, plans for significant programs shall be prepared and publicized as set forth in these rules. (2) Make management programs consistent with Forest Practices Act, local comprehensive plans, statewide land use planning goals, and comprehensive outdoor recreation plans to the extent possible. (3) Coordinate programs with owners or managers of adjacent forest lands to minimize conflict and duplication, when appropriate. (4) Cooperate with forest research agencies, organizations, and institutions of higher learning by allowing scientific studies, field learning exercises, and demonstrations of practice or activity alternatives. (5) Consult and contract with state, federal, or local agencies and private firms or organizations to carry out management programs and fire protection in park forests, as appropriate. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.121 History: PR 12-1986, f. & ef. 7-29-86
736-018-0080 Management of State Park Forests: Definitions (1) “Division” means the Parks and Recreation Division of the Oregon Department of Transportation. (2) “Administrator” means the administrator of the Division. (3) “Forest” means an area characterized by native trees outside developed areas of a park. (4) “Forest Management” means the application of scientific, economic, and social principles to forests for specified objectives. (5) “Practices” means those “applications of principles” subject to the Forest Practices Act, ORS 527.610 et seq. except those associated with park developments. (6) “Activities” mean those applications typically associated with new or existing park developments even though the specific action is subject to the Forest Practices Act. (7) “Program” means planned forest manage-ment involving activities or practices. (8) “Sensitivity” means the relative potential for scientific, historical, archeological, ecological, fish and wildlife, aesthetic, or social values of a specific forest to be adversely affected by a practice. (9) “Impact” means the potential for a specific program to cause long-term or cumulative effects on a forest. (10) “Significant” means a situation in which high impact practices affect highly sensitive forests. (11) “Emergency” means unforeseen circumstances that threaten immediate harm to public health and safety, park resources, or other public or private property. (12) “Emergency Action” means activities or practices undertaken in response to an emergency. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.121 History: PR 12-1986, f. & ef. 7-29-86