Or. Admin. Code § 736-006-0140

Current through Register Vol. 63, No. 12, December 1, 2024

Section 736-006-0140 - Conversion Requirements

(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.

Or. Admin. Code § 736-006-0140

PRD 6-2004, f. & cert. ef. 5-5-04; PRD 4-2008, f. 2-15-08, cert. ef. 3-1-08; PRD 7-2022, amend filed 11/22/2022, effective 11/22/2022

Statutory/Other Authority: ORS 390.180

Statutes/Other Implemented: ORS 390.180