reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 90 - AIRPORT LISTINGS › Section 738-090-0040 - Procedure for Adding an Airport to Listings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The procedure for adding a publicly owned
			 airport to
Exhibit 1
is as follows:
(a) The airport sponsor shall submit a
			 written request to the Department, to add an airport to the list;
(b) The request shall include documentation
			 that:
(A) The airport is publicly
			 owned;
(B) The airport was
			 registered, licensed or otherwise recognized by the Department on or before
			 December 31, 1994; and
(C) The
			 airport was the base for three or more aircraft in 1994.
(c) The Department shall submit a copy of the
			 airport sponsor's written request to the local government(s) that may be
			 impacted by the change and request written comments on the request. If no
			 comments are received from a local government within 60 days of mailing of the
			 airport sponsor's request, it will be assumed that the local government has no
			 comments on the request. Any comments received by the Department shall be
			 forwarded to the airport sponsor;
(d) The Department shall evaluate the airport
			 sponsor's written request and make a recommendation to the Board whether the
			 proposed addition should be approved or denied;
(e) Upon approval of the Board, the airport
			 shall be added to
Exhibit 1
upon filing of formal amendment to the
			 rules; and
(f) If the Board denies
			 the airport sponsor's application, the airport may not be considered for
			 inclusion on the list for at least two years.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 90 - AIRPORT LISTINGS › Section 738-090-0050 - Information to be Considered in Determining Airport Listings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall consider the information listed below in
				determining whether an airport meets the criteria in ORS
				836.610(1)(b).
				The Department shall provide this information to the Board.
(1) To determine whether an airport provides
			 important links in air traffic in this state, the Board shall consider, but is
			 not limited to, the following information:
(a)
			 Number and type of based aircraft;
(b) Annual operations;
(c) Whether an airport is included in the
			 National Plan of Integrated Airports System as identified by the FAA;
(d) Classification of the airport in the
			 state aviation system plan;
(e) The
			 location of the airport in relation to other airports in the area and whether
			 the airport is remote due to geographic features;
(f) Whether the location of the airport is
			 conducive to providing an efficient alternative mode of transportation and has
			 adequate links to other modes of transportation;
(g) Whether the airport is used frequently by
			 businesses as an origination, transfer or destination airport; and
(h) Whether the airport relieves congestion
			 at other airports.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 90 - AIRPORT LISTINGS › Section 738-090-0060 - Removing an Airport from Listings

Current through Register Vol. 63, No. 7, July 1, 2024
Airports shall be removed from the listing of airports
				established in OAR 738-090-0030 only upon:
(1) Request of the airport owner;
			 or
(2) Closure of the airport for a
			 period of more than three years.
Stat. Auth.: ORS
				  184.616, ORS
				  184.619 & ORS
				  836.610
Stats. Implemented: ORS
				  836.610
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 100 - NOTICE TO AIRPORT OWNERS ON PUBLIC HEARING ON REQUEST FOR LAND-USEPERMIT OR ZONE CHANGE › Section 738-100-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in section (2) of this rule, notice of a public hearing on a land-use
			 permit or a zone change and notice of a decision on a land-use permit pursuant
			 to ORS 215.223,
			 215.416 and
			 227.175 shall be provided to
			 owners of public-use airports by the respective city and county planning
			 authorities if:
(a) The name and address of
			 the airport owner has been provided by the Oregon Department of Aviation
			 (Department) to the appropriate city or county planning authority;
(b) The property subject to the land-use
			 permit or zone change is:
(A) Within 5,000
			 feet of the sides or ends of a runway determined by the Department to be a
			 "visual airport"; or
(B) Within
			 10,000 feet of the sides or ends of the runway of an airport determined by the
			 Department to be an "instrument airport".
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 100 - NOTICE TO AIRPORT OWNERS ON PUBLIC HEARING ON REQUEST FOR LAND-USEPERMIT OR ZONE CHANGE › Section 738-100-0020 - Interagency Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Oregon
			 Department of Aviation shall:
(a) Prepare and
			 provide to the planning authority of each city and county a list of all
			 public-use airports within that jurisdiction, along with the name and address
			 of the owner of each airport. These airports shall be separated into
			 classifications such as:
(A)
			 Visual;
(B) Instrument.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 100 - NOTICE TO AIRPORT OWNERS ON PUBLIC HEARING ON REQUEST FOR LAND-USEPERMIT OR ZONE CHANGE › Section 738-100-0030 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The notice to
			 owners of affected public-use airports shall be in the same form as provided to
			 any property owner affected by a land-use permit or zone change as described in
			 ORS 215.223,
			 215.416 and
			 227.175.
(2) The failure of an airport owner to
			 receive notice, which was mailed, shall not invalidate any land-use permit or
			 zone change.
(3) Providing notice
			 to owners of public-use airports is for the purpose of furnishing notice only
			 and shall not be in any way interpreted as giving an airport owner any more
			 standing than any other landowner receiving notice in similar
			 circumstances.
Stat. Auth.: ORS 184
Stats. Implemented: ORS
				  836.325
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 100 - NOTICE TO AIRPORT OWNERS ON PUBLIC HEARING ON REQUEST FOR LAND-USEPERMIT OR ZONE CHANGE › Section 738-100-0035 - Advisory

Current through Register Vol. 63, No. 7, July 1, 2024
Even though notice of hearing or decision may not be required
				under OAR 738-100-0020(2),
				the proponent of any construction may still be required to submit Federal
				Aviation Administration Form 7460-1 to the Northwest Mountain Region, Federal
				Aviation Administration (FAA), Seattle, Washington, with a copy to the Oregon
				Department of Aviation. Form 7460-1 can be obtained from the Federal Aviation
				Administration or the Oregon Department of Aviation. While this does not
				require city and county planning authorities to advise proponents of
				construction of the Federal Aviation Administration requirement, it is hoped
				that the planning authorities can provide such information.
Stat. Auth.: ORS 184
Stats. Implemented: ORS
				  836.325
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 319.023 requires the Department
			 of Aviation to establish and administer a program to distribute a portion of
			 aircraft fuel taxes submitted to the State of Oregon under ORS
			 319.020(2) and
			 ORS 319.330(1) for
			 qualifying airport related projects. The Department therefore establishes the
			 Aviation System Action Program (ASAP) fund to administer the funds in
			 accordance with ORS 319.023(5) and
			 (6).
(2) In accordance with ORS
			 319.023(5), the
			 Department establishes the Critical Oregon Airport Relief (COAR) program to
			 distribute seventy-five percent of the ASAP funding for the following purposes:
(a) To assist airports in Oregon with match
			 requirements for Federal Aviation Administration grants.
(b) To make grants for emergency preparedness
			 and infrastructure projects, in accordance with the Oregon Resilience Plan or
			 the Oregon Aviation Plan.
(c) To
			 make grants for:
(A) Services critical or
			 essential to aviation, including but not limited to, fuel, sewer, water,
			 navigational aids and weather equipment;
(B) Aviation-related business development,
			 including but not limited to, hangars, parking for business aircraft and
			 related facilities; or
(C) Airport
			 development for local economic benefit, including but not limited to signage
			 and marketing.
(D) To assist
			 commercial air service to rural Oregon.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0020 - COAR Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall publicly announce application deadlines for COAR funding. The Department
			 shall not consider applications submitted after the deadline set by the
			 Department.
(2) Applicants
			 interested in receiving funds under COAR must submit an application to the
			 Department in a format prescribed by the Department. At a minimum, each
			 application must contain the following information:
(a) Project Information. The application must
			 include:
(A) Applicant's name and the contact
			 information of the individual who represents the Applicant with respect to the
			 application;
(B) Project
			 name;
(C) Project
			 location;
(D) Airport
			 identification, specifically the:
(i) Airport
			 name,
(ii) Airport category,
			 and
(iii) Whether the airport is
			 NPIAS or Non-NPIAS;
(E)
			 Project overview, including purpose and projected start and end dates;
			 and
(F) A statement describing
			 local support for the project, if any.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0025

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  835.035,
				  835.040,
				  835.112 & OL 2019 c.485
				  Section 1(2)(b)
Statutes/Other Implemented: ORS
				  835.025, OL 2019 c.485 Section
				  1, 835.040 & OL 2021 c.526 Section 4(5)(a)(D) and
				  (b)
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0030 - COAR Application Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will submit an application to ARC for review pursuant to OAR
			 738-124-0020 only if, after
			 Department review, the Department determines the application satisfies the
			 eligibility criteria in this rule.
(2) An application for a COAR grant is
			 eligible for ARC review only if it satisfies all of the following:
(a) The project for which the COAR grant will
			 be used has not been completed prior to the application deadline set by the
			 Department.
(b) The project is for
			 an airport that is open to flight operations by the public.
(c) The Applicant is:
(A) A publicly owned airport;
(B) An Oregon public use airport;
(C) A public use airport sponsor;
			 or
(D) A privately owned airport if
			 the airport is available for public use. Applicant must provide proof of public
			 use to the satisfaction of the Department.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0035 - Board Review and Project Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will
			 make the final determination to approve an application for a COAR
			 grant.
(2) The Board's review and
			 final decision will be made based upon the following:
(a) Priorities established by the Board
			 pursuant to this rule.
(b)
			 Recommendations made by ARC following its review pursuant to
			 738-124-0060.
(c) Recommendations made by any other
			 stakeholder and advocate entities other than the ARC.
(d) Interested persons and groups other than
			 the ARC, including the Area Commissions on Transportation.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0040 - Maximum COAR Grant Award and Recipient Financial Matching Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Maximum COAR Grant Award
(a) Subject to subsection (b), the aggregate
			 maximum grant award that a Recipient may receive under the COAR program is
			 $150,000 per project, regardless of the number of applications filed for the
			 project.
(b) Notwithstanding
			 subsection (a), the Board may award a larger grant if it finds that a larger
			 award for a particular project would serve the purposes of the program. If an
			 Applicant applies for a grant amount exceeding the maximum amount in subsection
			 (a), the Department may request additional documentation detailing how the
			 grant amount in excess of the maximum would serve one or more of the program
			 purposes listed in OAR
			 738-124-0010(2).
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0045 - Project Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will administer all Grants.
(2) The
			 Department and Recipient will execute an Agreement prior to the disbursal of
			 Program Funds for an Approved Project. The Agreement is effective on the date
			 all required signatures are obtained or at such later date as specified in the
			 Agreement. Agreements shall follow Board approved Department Policy and
			 Procedures document and manual.
(3)
			 The Agreement will contain provisions and requirements, including but not
			 limited to:
(a) Documentation of the
			 projected costs for an Approved Project must be submitted to the Department
			 prior to the disbursal of Program Funds.
(b) 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 as defined in OAR
			 738-124-0060
			 (5)(b), as long as all other applicable FAA
			 grant requirements have been met.
(c) Disbursal of Program Funds for grants
			 will be paid on a reimbursement basis and will not exceed one disbursal per
			 month; this is not applicable to the SOAR Program. The Director or the Board
			 may make exceptions to the reimbursement basis if the Department finds that the
			 Recipient would have difficulty meeting requirements.
(d) Except under the SOAR Program, five
			 percent of funds received from the Aviation System Action Program Fund will be
			 withheld from each reimbursement request and shall be released to Recipient as
			 the conditions established by the Department are met. The Department will
			 determine retainage limits in accordance with ORS
			 835.112. Funds withheld shall be
			 released to Recipient upon final project acceptance by the
			 Department.
(e) Upon request, a
			 Recipient must provide the Department with a copy of documents, studies,
			 reports and materials developed during the Project, including a written report
			 on the activities or results of the Project and any other information that may
			 be reasonably requested by the Department.
(f) Recipients must separately account for
			 all monies received from the Aviation System Action Program Fund in Project
			 accounts in accordance with Generally Accepted Accounting Principles.
(g) Any Program Funds disbursed but not used
			 for an Approved Project must be returned to the Department.
(h) Amendments to Agreements are required to
			 change an Approved Project's cost, scope, objectives or timeframe.
(i) Recipients must covenant, represent and
			 agree to use Project funds in a manner that will not adversely affect the
			 tax-exempt status of any bonds issued under the Program.
(j) Recipients, if applicable, must covenant,
			 represent and agree to remain current on all state and local taxes, fees and
			 assessments for the useful life of the Project as prescribed in the
			 Agreement.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0045

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  835.035, ORS
				  835.040, ORS
				  835.112 & OL 2015 c.700
				  Section 7
Statutes/Other Implemented: ORS
				  835.015, ORS
				  835.025, ORS
				  836.015, ORS
				  836.070 & ORS
				  319.020
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0050 - Department Review of COAR Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0060 - ARC Review and Recommendation of COAR Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall provide all eligible applications from eligible
			 Applicants, including supporting materials, to the ARC.
(2) The ARC shall hold public meetings as
			 necessary to review eligible applications and to prepare approval and rejection
			 recommendations to the Board.
(3)
			 In reviewing applications, the ARC shall consider:
(a) The extent to which, if implemented, the
			 project proposed in the Application would:
(A) Assist airports in Oregon with match
			 requirements for FAA grants;
(B)
			 Support emergency preparedness and infrastructure goals in accordance with the
			 Oregon Resilience Plan or the Oregon Aviation Plan; or
(C) Support services critical or essential to
			 aviation, including, but not limited to, fuel, sewer, water and weather
			 equipment; support aviation-related business development, including, but not
			 limited to, hangars, parking for business aircraft and related facilities; or
			 support airport development for local economic benefit, including, but not
			 limited to, signage and marketing; or to assist commercial air service to rural
			 Oregon.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  835.035,
				  835.040,
				  835.112 & OL 2019 c.485
				  Section 1(2)(b)
Statutes/Other Implemented: ORS
				  835.025, OL 2019 c.485 Section
				  1, 835.040 & OL 2021 c.526 Section 4(5)(a)(D) and
				  (b)
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0080 - COAR Program Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(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) A
			 provision which requires changes to the project's cost, scope, objectives, or
			 timeframe be effective only upon written amendment to the Agreement.
(i) 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.
(j) A provision which authorizes the
			 Department to conduct reasonable inspections of projects funded under the
			 Agreement.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 124 - AVIATION SYSTEM ACTION PROGRAM FUND › Section 738-124-0090 - SOAR Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application process. 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 forward the SOAR project list to the ARC for
			 review and recommendation.
(2)
			 Review by the ARC. Applying the criteria in OAR
			 738-124-0060(2)(b),
			 the ARC shall recommend to the Board the approval or rejection of each project
			 on the SOAR project list.
(3)
			 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
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  835.035,
				  835.040 &
				  835.112
Stats. Implemented: ORS
				  835.015,
				  835.025,
				  836.015 &
				  836.070
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0015 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0020 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0025 - FAM Grant Application Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0030 - Matching Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0035 - Project Eligibility, Prioritization, and Legislative Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department will
			 review all grant applications received by the grant deadline date established
			 by Department to ensure that both the municipality and the proposed project
			 meet all program requirements.
(2)
			 Applications associated with revenues derived from fuel taxes as per ORS
			 319.020 will be forwarded to
			 selection review committee for review and ranking prior to submittal to the
			 Oregon Aviation Board for final review and selection; the criteria specified in
			 ORS 367.084(3)
			 apply to the review process of the review committee:
(a) Whether a proposed project reduces
			 transportation costs for Oregon businesses or improves access to jobs and
			 sources of labor;
(b) Whether a
			 proposed project results in an economic benefit to this state.
(c) Whether a proposed project is a critical
			 link connecting elements of Oregon's transportation system that will measurably
			 improve utilization and efficiency of the system;
(d) How much of the cost of a proposed
			 project can be borne by the applicant for the grant or loan from any source
			 other than the Multimodal Transportation Fund.
(e) Whether a proposed project is ready for
			 construction.
(f) Whether a
			 proposed project has a useful life expectancy that offers maximum benefit to
			 the state.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0040 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0045 - Project Selection and Fund Allocation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0050 - Grant Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 125 - FINANCIAL AID TO MUNICIPALITIES (FAM) GRANT PROGRAM › Section 738-125-0055 - Waivers and Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				738-130-0005 through
				738-130-0135 the following definitions apply:
(1) "Affected City or County" means a city or
			 county that has comprehensive planning authority over a site or area which is
			 directly impacted by a proposed Board or Department action.
(2) "Affected State and Federal Agencies"
			 means state and federal agencies identified in the Department's state agency
			 coordination program.
(3) "Board"
			 means the Aviation Board.
(4)
			 "Class 1 Projects" means projects meeting federal criteria for Class 1 Projects
			 under the National Environmental Policy Act (NEPA) and federal agency
			 regulations which carry out NEPA requirements.
(5) "Class 2 Projects" means projects meeting
			 federal criteria for Class 2 Projects under NEPA and federal agency regulations
			 which carry out NEPA requirements.
(6) "Class 3 Projects" means projects meeting
			 federal criteria for Class 3 Projects under NEPA and federal agency regulations
			 which carry out NEPA requirements.
(7) "Department" means the Department of
			 Aviation.
(8) "DLCD" means the
			 Department of Land Conservation and Development.
(9) "Facility Plan" means a plan for a
			 transportation facility such an airport master plan.
(10) "Metropolitan Planning Organization"
			 means the organization designated by the Governor to coordinate transportation
			 planning in an urbanized area of the state.
(11) "Oregon Aviation Plan" means a plan for
			 a statewide system of aviation that includes identification of system needs,
			 classification of facilities, and establishment of policies as defined in the
			 Oregon Aviation Plan.
(12) "New
			 Transportation Facility" means a transportation facility that does not
			 currently exist. It does not mean the expansion of an existing transportation
			 facility.
(13) "Transportation
			 Facility" means a facility and all of its parts which are used for conveying
			 and managing the transportation of people and goods. It includes all associated
			 structures and alterations that are necessary to protect public safety and
			 mitigate the environmental effects of a transportation facility.
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0025 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
The provisions of OAR
				738-130-0005 through
				738-130-0135 apply to the following programs and activities:
(1) Adoption of the Transportation Policy
			 Plan.
(2) Adoption of Oregon
			 Aviation Plan.
(3) Adoption of
			 transportation facility plans.
(4)
			 Adoption of project plans for Class 1 and Class 3 projects.
(5) Adoption of project plans for Class 2
			 projects which would involve any of the activities listed in OAR
			 738-130-0035.
(6) Carrying out operations, maintenance and
			 modernization activities, which would involve any of the activities listed in
			 OAR 738-130-0035.
(7) Issuing any of the following permits or
			 licenses for Airport Site Approval and License
(8) Renewing permits or licenses for proposed
			 expansion of a licensed airport to permit service to a larger class of
			 aircraft.
Stat. Auth.: ORS
				  835.035 &
				  835.112
Stats. Implemented: ORS
				  197.180
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0035 - Activities Which Significantly Affect Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
The following activities undertaken by the Department
				significantly affect land use:
(1)
			 Adopting Airport Master Plans which significantly affect the objectives of the
			 Transportation Goal (Goal 12).
(2)
			 Enlarging an existing transportation facility to increase the level of
			 transportation service provided, relocating an existing transportation
			 facility, or constructing a new transportation facility.
(3) Constructing a new Airport Operations
			 Area (AOA), enlarging an existing AOA, or significantly changing the use of an
			 existing AOA.
(4) Changing the
			 size of land parcels through the purchase or sale of property.
(5) Altering land or structures in a way that
			 significantly affects resources or areas protected by the statewide planning
			 goals or acknowledged comprehensive plans. Examples include:
(a) Placing or disposing of materials in
			 wetlands, waterways or floodplains;
(b) Draining wetlands by ditching or by other
			 means;
(c) Removing riparian
			 vegetation.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0045 - Coordination Procedures for Adopting Final Oregon Aviation Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except in the
			 case of minor amendments, the Department shall involve DLCD, metropolitan
			 planning organizations, and interested cities, counties, state and federal
			 agencies, special districts and other parties in the development or amendment
			 of a Oregon Aviation Plan. This involvement may take the form of mailings,
			 meeting, or other means that the Department determines are appropriate for the
			 circumstances. The Department shall hold at least one public meeting on the
			 plan prior to adoption.
(2) The
			 Department shall evaluate and write draft findings of compliance with all
			 applicable statewide planning goals.
(3) If the draft plan identifies new
			 facilities which would affect identifiable geographic areas, the Department
			 shall meet with the planning representatives of affected cities, counties and
			 metropolitan planning organization to identify compatibility issues and the
			 means of resolving them. These may include:
(a) Changing the draft plan to eliminate the
			 conflicts;
(b) Working with the
			 affected local governments to amend their comprehensive plans to eliminate the
			 conflicts; or
(c) Identifying the
			 new facilities as proposals which are contingent on the resolution of the
			 conflicts prior to the completion of the transportation planning program for
			 the proposed new facilities.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0055 - Coordination Procedures for Adopting Final Master Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except in the case of minor amendments,
			 the Department shall involve DLCD and affected metropolitan planning
			 organizations, cities, counties, state and federal agencies, special districts
			 and other interested parties in the development or amendment of a facility
			 plan. This involvement may take the form of mailings, meetings or other means
			 that the Department determines are appropriate for the circumstances. The
			 Department shall hold at least one public meeting on the plan prior to
			 adoption.
(2) The Department shall
			 provide a draft of the proposed facility plan to planning representatives of
			 all affected cities, counties and metropolitan planning organization and shall
			 request that they identify any specific plan requirements which apply, any
			 general plan requirements which apply and whether the draft facility plan is
			 compatible with the acknowledged comprehensive plan. If no reply is received
			 from an affected city, county or metropolitan planning organization within 45
			 days of the Department's request for a compatibility determination, the
			 Department shall deem that the draft plan is compatible with that
			 jurisdiction's acknowledged comprehensive plan. The Department may extend the
			 reply time if requested to do so by an affected city, county or metropolitan
			 planning organization.
(3) If any
			 statewide goal or comprehensive plan conflicts are identified, the Department
			 shall meet with the local government planning representatives to discuss ways
			 to resolve the conflicts. These may include:
(a) Changing the draft facility plan to
			 eliminate the conflicts;
(b)
			 Working with the local governments to amend the local comprehensive plans to
			 eliminate the conflicts; or
(c)
			 Identifying the conflicts in the draft facility plan and including policies
			 that commit the Department to resolving the conflicts prior to the conclusion
			 of the transportation planning program for the affected portions of the
			 transportation facility.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0065 - Coordination Procedures for Adopting Plans for Class 1 and 3 Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall involve affected cities, counties, metropolitan planning organizations,
			 state and federal agencies, special districts and other interested parties in
			 the development of project plans. The Department shall include planning
			 officials of the affected cities, counties and metropolitan planning
			 organization on the project technical advisory committee.
(2) Goal compliance and plan compatibility
			 shall be analyzed in conjunction with the development of the Draft
			 Environmental Impact Statement or Environmental Assessment. The environmental
			 analysis shall identify and address relevant land use requirements in
			 sufficient detail to support subsequent land use decisions necessary to
			 authorize the project.
(3) Except
			 as otherwise set forth in section (4) of this rule, the Department shall rely
			 on affected cities and counties to make all plan amendments and zone changes
			 necessary to achieve compliance with the statewide planning goals and
			 compatibility with local comprehensive plans after completion of the Draft
			 Environmental Impact Statement or Environmental Assessment and before
			 completion of the Final Environmental Impact Statement or Revised Environmental
			 Assessment. These shall include the adoption of general and specific plan
			 provisions necessary to address applicable statewide planning goals.
(4) The Department may complete a Final
			 Environmental Impact Statement or Revised Environmental Assessment before the
			 affected cities and counties make necessary plan amendments and zone changes in
			 the following case:
(a) The Final
			 Environmental Impact Statement or Revised Environmental Assessment identifies
			 that the project be constructed in phases; and
(b) The Department finds:
(A) There is an immediate need to construct
			 one or more phases of the project. Immediate need may include, but is not
			 limited to, the facility to be improved or replaced currently exceeds or is
			 expected to exceed within five years the level of service identified in the
			 Oregon Aviation Plan; and
(B) The
			 project phase to be constructed meets a transportation need independent of the
			 overall project, is consistent with the purpose and need of the overall project
			 as identified in the FEIS, and will benefit the surrounding transportation
			 system even if no further phases of the project are granted land use approval;
			 and
(C) The project does not
			 require an exception to a statewide planning goal pursuant ORS
			 197.732.
Oregon Administrative Rules › Chapter 738 - OREGON DEPARTMENT OF AVIATION › Division 130 - STATE AGENCY COORDINATION PROGRAM › Section 738-130-0075 - Coordination Procedures for Adopting Plans for Class 2 Projects Determined to Significantly Affect Land Use

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures in this section shall be followed when the
				Department determines that a Class 2 project would significantly affect land
				use in accordance with OAR 731-130-0035.
(1) Planning officials of affected cities and
			 counties shall be contacted at the start of project planning to identify any
			 possible compliance or compatibility conflicts and ways to avoiding conflicts.
(2) The Department shall attempt
			 to avoid any identified compliance or compatibility conflicts as it develops
			 its plans.
(3) Planning officials
			 of affected cities and counties shall be requested to review preliminary final
			 plans to identify whether any local land use approvals are needed and whether
			 any of the acknowledged comprehensive plan's general provisions would be
			 substantially affected. If no local planning approvals are required and if the
			 plan's general provisions would not be substantially affected the Department
			 shall conclude that the project is compatible. If no comments are received from
			 an affected local jurisdiction within 15 days of the Department's request for a
			 compatibility determination, the Department shall deem that the preliminary
			 project plans are compatible with the acknowledged comprehensive plan for that
			 jurisdiction. The Department may extend the reply time if requested to do so by
			 an affected city or county.
(4) If
			 any local planning approvals are required the Department shall either modify
			 its project plans so as to not require approvals, or shall apply for the
			 necessary approvals.
(5) If the
			 affected city or county does not grant approval, the Department may:
(a) Modify the project plans so as to not
			 require approval;
(b) Discontinue
			 further work on the project; or
(c) Appeal the city or county decision.