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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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PARKS AND RECREATION DEPARTMENT

 

DIVISION 7

DISTRIBUTION OF RECREATION VEHICLE LICENSE FEE REVENUES TO COUNTIES

 

 

736-007-0000

Purpose of Program and Rule

(1) The purpose of the distribution of recreation vehicle license fee revenues to counties is to increase the resources available for acquiring, developing, maintaining, rehabilitating and operating county parks and recreation sites and programs. New revenues available to county governing bodies under this program should, to the extent possible, be used to supplement, rather than supplant, moneys currently appropriated for county parks and recreation purposes.

(2) These rules establish the procedures and requirements used by the Oregon Parks and Recreation Department when distributing recreation vehicle license fee revenues to counties, and the process for establishing priority order in which county grant projects shall be funded.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 3-1994, f. & cert. ef. 4-22-94

 

736-007-0005

Definitions

For purposes of OAR 736-007-0000 to 736-007-0040, the following definitions shall apply:

(1) "Department" - The Oregon Parks and Recreation Department.

(2) "Director" - The Director of the Oregon Parks and Recreation Department or designate.

(3) "RV" or "Recreation Vehicle" - Travel trailers, campers and motorhomes.

(4) "RV Registrations" - The total number of travel trailers, campers and motor homes registered at the time the distribution formula is computed, as detailed in the most current "Oregon Motor Vehicles Registration by Counties" compiled by the Motor Vehicles Division.

(5) "County RV Registration Fee Revenues" or "Revenues" - That portion of the total revenues from the registration and licensing of recreational vehicles that is set aside in a sub-account of the Oregon Parks and Recreation Department's account within the State Treasury for the acquisition, development, maintenance, care and use of county park and recreation areas in accordance with ORS 366.512(2).

(6) "County Park and Recreation Area" - An area designated by the governing body under ORS 275 .320 as a county park and recreational area in which the primary function is to provide recreational opportunities for the public such as overnight camp facilities, day use parks, community open spaces, and park waysides. Areas under county management in which recreation is a secondary function, such as Courthouse grounds, fairgrounds, ports, and museum grounds, are excluded unless the following criteria are met:

(a) The county has a population of 30,000 or less; and

(b) The county does not have an "established park system" as defined in these rules.

(7) "Campsite" - A site within a designated County Park and Recreation Area that is specifically designed for overnight occupancy, is open to the public a minimum of five months per year, and that contains a designated parking spur, picnic table, fireplace or stove and access to potable water and sanitary facilities. Campsites within areas where recreation is a secondary function, such as courthouse grounds, fairgrounds, ports, and museum grounds, shall not be factored into the formula that allocates the distribution of RV registration fees among the county parks statewide.

(8) "Population" - The latest annual estimate of population of Oregon cities and counties as compiled by the Center of Population Research and Census.

(9) "County Park Assistance Program" or "Assistance Program" - A program funded by county RV registration fee revenues to provide regular allocation of moneys to the counties for the acquisition, development, maintenance, care and use of the county park and recreation areas as defined in section (6) of this rule .

(10) "County Park Assistance Allocation" or "County Allocation" - That portion of estimated county RV registration fee revenues available for distribution to the counties under the county park assistance program.

(11) "Certified County Park Assistance Allocation" or "Certified Allocation" - That portion of the county park assistance allocation certified for use by the counties during a given fiscal year.

(12) "County Opportunity Grant Program" or "Grant Program" - A program funded by county RV registration fee revenues to provide grants on a project basis for the acquisition, development, rehabilitation and planning of county park and recreation areas, as defined in section (6) of this rule, that provide camping facilities.

(13) "County Opportunity Grant Funds" or "Grant Funds" - That portion of county RV registration fee revenues available for the County Opportunity Grant Program.

(14) "Fiscal Year" - The twelve month period beginning July 1 of any year and ending June 30 of the next year.

(15) "Biennium" - The 24 month period beginning July 1 of each odd-numbered year and ending June 30 of the next odd-numbered year.

(16) "Waiver of Retroactivity" - An exception that allows costs to be incurred prior to formal project approval.

(17) "County Parks Assistance Advisory Committee" or "Advisory Committee" - The committee that reviews and prioritizes grant proposals for funding under the County Opportunity Grant Program.

(18) "State Comprehensive Outdoor Recreation Plan" - Otherwise known as SCORP, the document used to identify and assess Oregon outdoor recreation needs.

(19) "Established Park System" - A county shall be considered as having an established park system if it has at least one park designated under ORS 275 .320, and has allocated a budget for parks.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94; PR 5-1995, f. & cert. ef. 7-2-96

 

736-007-0010

Eligibility

All counties are eligible to receive county RV registration fee revenues; however, use of these moneys is restricted to the acquisition, development, rehabilitation, maintenance, care and use of county park and recreation areas. At areas in which recreation is a secondary function, the funds shall be used only for parks and recreational facility purposes.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94; PR 5-1995, f. & cert. ef. 7-2-96

 

736-007-0015

Distribution Formula

The following distribution formula shall be used for the distribution of revenues in accordance with the provisions of these rules:

(1) County Park Assistance Program -- Ninety percent of the estimated revenues to be received during each fiscal year shall be allocated to the counties in accordance with the following formula:

(a) Fifty percent based on the proportion of the number of campsites each county provides to the total number of such campsites provided by all the counties;

(b) Twenty percent based on the proportion of the number of RV registrations in each county to the state total of RV registrations;

(c) Thirty percent based on the proportion of each county's population to the total state population;

(d) For the purposes of implementing this section the effective date shall be November 4, 1993.

(2) County Opportunity Grant Program -- Ten percent of the estimated revenues to be received during each fiscal year shall be distributed through the Grant Program.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94

 

736-007-0020

Campsite Survey

(1) The Department shall ask each county to submit an inventory of its park and recreation areas containing campsites every two years to determine the number of campsites provided by each county.

(2) For purposes of the inventory described in subsection (1) of this rule, a campsite is "provided by" a county if:

(a) The county owns, operates and manages the site; or

(b) The county operates and manages the site; and the county possesses the site pursuant to a fixed term lease of not less than 20 years, with a fixed payment schedule and no profit-sharing between the county and the lessor; or

(c) The county owns the site or holds possession pursuant to a long-term lease as described in subsection (b) of this section; the county leases or subleases it to another public entity whose purposes include the provision of park and recreation opportunities; and the other public entity manages the site in accordance with the county's written policy on parks and recreation; or

(d) The county owns the site or holds possession pursuant to a long-term lease as described in subsection (b) of this section; the county contracts with a concessionaire for the operation of less than all aspects of the park or campground; the county selects the concessionaire through an open, competitive process; and the county retains control of management and the right to possession of the site.

(3) Group campsites that do not meet the definition of a campsite shall not be included in the inventory.

(4) Campsites which have not been eligible for inclusion in the inventory prior to January 1, 1996 shall not be considered eligible to be added unless they meet building code standards for recreational parks per ORS 446 and OAR 918.650.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94; PR 5-1995, f. & cert. ef. 7-2-96

 

736-007-0025

Distribution of Moneys -- County Park Assistance Program

(1) On or about January 1 of each year the Department shall estimate the total revenues available for use in the County Park Assistance Program for the next fiscal year. The Department shall use the distribution formula in OAR 736-007-0015 to estimate each county's allocation, and shall notify each county of the estimate.

(2) By July 15 of each year, each county governing body shall certify to the Department, on forms supplied by the Department, that it will comply with the administrative rules governing the County Park Assistance Program. The certification shall include a statement of the county's intended use of the revenues:

(a) The county has budgeted its allocation for expenditure in the next fiscal year; or

(b) The county will place its allocation in a dedicated parks and recreation fund for future expenditure; or

(c) A combination of subsections (a) and (b) of this section; or

(d) The county waives the use of its allocated revenues;

(e) A county may elect to receive less than its allocated revenues in any given fiscal year.

(3) Any county that does not certify by July 15 shall be deemed to have certified in accordance with subsection (2)(d) of this rule.

(4) The Department shall calculate the proportion of total certified allocations to total estimated revenues. This proportion will be used in determining the amount of actual revenues to be distributed to counties each month during the fiscal year.

(5) The distribution to counties that certified acceptance of revenues shall be made within 45 days after the end of each month. The amount shall be determined as follows:

 

Total actual revenues for month x

 

Total Certified Allocations

Total Estimated Revenues x

 

County Certified Allocation

Total Certified Allocations = Distribution

However, the amount distributed each month to Gilliam, Harney, Jefferson, Lake, Sherman, and Wallowa counties shall be at least $834. The effective date for implementing this rule shall re retroactive to July 1, 1994

(6) Revenues allocated for the Assistance Program, but not distributed by this section, shall become available to the Grant Program.

(7) By September 1 of each year, the Depart-ment may ask each county to provide a report on the uses of the RV revenue for the prior fiscal year. The report form will be provided by the Department, along with an explanation of the need for the report.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94; PR 4-1995, f. & cert. ef. 5-3-95

 

736-007-0030

County Opportunity Grant Program

The County Opportunity Grant Program shall be administered as follows:

(1) Eligible projects -Grant funds are to be used specifically for the acquisition, development, rehabilitation, and planning of county park and recreation areas that provide camping facilities.

(2) Matching requirements -Grants from counties 30,000 population and under shall require a 25 percent local match. Grants from counties over 30,000 population shall require a 50 percent local match. Matching funds for specific projects may be reduced or eliminated as determined by the Director, based on demonstrated need for the project, lack of local funding, and upon recom-mendation by the Advisory Committee. Local funds may include local budget funds, federal revenue sharing funds, local agency labor or equipment, other grants, donations of land, labor, equipment, or any combination of the above.

(3) Application procedure:

(a) On or about July 1 of the first year of each biennium, the Department shall make an estimate of revenues available to be distributed through the Grant Program during the biennium and shall notify each county of the estimate. Estimate shall include unassigned moneys from previous bienniums and project cancellations and underruns.

(b) By October 1 of the first year of each biennium, grant applications shall be sent to the Department on forms supplied by the Department and shall contain:

(A) Program Narrative - including all information necessary to determine the criteria under section (4) of this rule or other items as the Department requires;

(B) Vicinity Map;

(C) Park Master Plan/Project Boundary Map;

(D) Ownership Statement;

(E) Cost Estimates;

(F) Preliminary Title Report (if applicable);

(G) Environmental Assessment;

(H) Local Project Timeline;

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

(c) The Department shall perform a technical review of all applications. Eligible applications shall be forwarded to the Advisory Committee. Ineligible applications shall be returned to project sponsor.

(4) Grants Prioritization Process:

(a) The Advisory Committee will meet during November of the first year of each biennium. Each project sponsor shall be allowed a presentation under a procedure established by the Committee. The Committee shall review all applications using project selection criteria, including, but not limited to, the following:

(A) Extent the project meets the recreation needs identified in SCORP;

(B) Extent the project meets the recreation needs identified in the local comprehensive land use plan;

(C) Extent the project satisfies the following:

(i) Demonstrates user benefit, public interest and support;

(ii) Increases outdoor recreation opportunity in the service area;

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

(iv) How well the project's design accommodates people with disabilities.

(D) Extent the county demonstrates exceptional need, such as a limited parks operating budget, the lack of public overnight camping opportunities within the county, or the overall lack of county parks and recreation areas and facilities;

(E) Analysis of sponsor's past performance in completing and billing projects and maintaining existing facilities.

(b) The Committee will recommend funding priorities to the Director for all eligible projects submitted. The Director shall establish the funding priorities taking into consideration the Committee's recommendation;

(c) A signed state/local agreement shall constitute project authorization. It shall be executed by January 31 of the first year of each biennium. No project may begin without authorization from the Department unless a waiver of retroactivity has been issued by the Department. Projects not authorized within this time frame will be cancelled. Funds recovered from cancellations shall be reassigned to other projects on the priority list.

(5) Project Administration:

(a) Sponsors shall have one year from the date of authorization to begin substantial work (e.g., the award of contracts or completion of at least 25 percent of the work, if done by force account). Projects not conforming with this provision will be cancelled;

(b) All projects shall be completed and billed within two years from the authorization date. Projects will be inspected and audited by the Department or its designate prior to final grant payment. Partial payments up to 90 percent of the grant amount may be billed during the project for work completed;

(c) Project amendments that increase the project cost will generally not be allowed; however, amendment requests based on extraordinary circumstances will be reviewed on a case-by-case basis.

Stat. Auth.: ORS 390.117 & ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94; PR 5-1995, f. & cert. ef. 7-2-96

 

736-007-0035

County Parks Assistance Advisory Committee

(1) The Advisory Committee shall be composed of seven members appointed by the Director. The committee membership, to serve nonconcurrent four-year terms, shall represent the following interests:

(a) Two representatives of recreational vehicle owners;

(b) Three county representatives including one from a county under 20,000 population, and one from a county parks department;

(c) One representative for people with disabilities;

(d) One citizen representative;

(e) The chair shall be appointed by the Director from the committee membership, considering, when possible, the recommendation of the Advisory Committee.

(2) Selection of committee representatives may be from a list of not less than two candidates for each position to be supplied by:

(a) The Association of Oregon Counties shall recommend candidates for the county representatives;

(b) The Good Sam Club or other recreation vehicle clubs shall recommend candidates to represent recreation vehicle owners;

(c) The Oregon Disabilities Commission shall recommend candidates to represent people with disabilities;

(d) Candidates for citizens representative may be requested from the Association of Oregon Counties, the Oregon Parks Association or other sources.

(3) The Advisory Committee shall meet during November of the first year of each biennium, and at other times upon the call of the Director. It will establish a priority order of eligible projects for the Grants Program; will review the biennial campsite survey, and the Assistance Program distribution.

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

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94

 

736-007-0040

Assessment for Services

(1) The Department will be incurring costs in the financial and programmatic administration and operation of the Assistance Program, Grant Program, and the Advisory Committee. Reimbursement of the Department's actual direct and identifiable costs shall be made from the county RV registration fee revenues in the sub-account of the Parks and Recreation Department's account in the State Treasury. Such moneys shall be transferred to the Department account at the end of each month.

(2) At no time shall the amount transferred exceed the actual and identifiable costs.

(3) For the purposes of implementing this section, the effective date shall be November 4, 1993.

Stat. Auth.: ORS 390.117, ORS 390.124 & ORS 390.134
Stats. Implemented: ORS 390.134
Hist.: PR 2-1984, f. & ef. 1-20-84; PR 3-1994, f. & cert. ef. 4-22-94

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