Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 6 - DISTRIBUTION OF STATE FUNDING ASSISTANCE TO UNITS OF LOCAL GOVERNMENT FOR PUBLIC PARKS AND RECREATION › Section 736-006-0140 - Conversion Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Park
			 and recreation areas and facilities developed with Local Government Grant
			 Program assistance must be dedicated for a minimum of 25 years for park and
			 recreation purposes. Property acquired with Local Government Grant Program
			 assistance shall be retained and used for public outdoor recreation in
			 perpetuity. Leases for federally owned property must be at least 25 years. If
			 the current lease is within 5 years of termination, a letter of intent to renew
			 the lease will be required from the federal agency. Project sponsors must
			 insure that the land within the project boundary will be used only for park and
			 recreational purposes, project sponsor controls or will control the land, and
			 that the project sponsor will not change the use of, sell, or otherwise dispose
			 of land within the project boundary, except upon written State approval. If the
			 project sponsor converts land within the project boundary to use for other than
			 outdoor park and recreation purposes or disposes of such land by sale or
			 otherwise, applicant must provide replacement property within 24 months of
			 either the conversion or the discovery of the conversion.
(2) If replacement property cannot be
			 obtained within the 24 months, the project sponsor will provide payment of the
			 grant program's prorated share of the current fair market value to OPRD. The
			 prorated share is that percentage of the original grant (plus any amendments)
			 as compared to the original project cost(s). The replacement property must be
			 equal to the current fair market value of the converted property, as determined
			 by an appraisal. The recreation utility of the replacement property must also
			 be equal to that of the lands converted or disposed.
(3) If conversion should occur through
			 processes outside of the project sponsor's control such as condemnation or road
			 placement or realignment, the project sponsor will be required to pass through
			 to OPRD the prorated share of whatever consideration is provided to the project
			 sponsor by the entity that caused the conversion. The monetary value of
			 whatever consideration provided by the taking entity will normally consist of
			 the fair market value of the property established by an appraisal.
(4) Project sponsors that have not addressed
			 or submitted documentation to the department for review and remediation of an
			 active conversion through the Land and Water Conservation Fund Program or the
			 Local Government Grant Program are not eligible to apply for Local Government
			 Grant Program assistance.
(5)
			 Project sponsors who have addressed a conversion at the local level and have
			 submitted documentation to the department for review and remediation of the
			 conversion through the Land and Water Conservation Fund Program or the Local
			 Government Grant Program may apply for funding assistance.
Statutory/Other Authority: ORS
				  390.180
Statutes/Other Implemented: ORS
				  390.180