Or. Admin. Code § 250-014-0003

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

Section 250-014-0003 - Boating Facility Grant Program

(1) Program Description:

(a) The Board is authorized by ORS 830.150(2)(a) to provide funds for the construction, rehabilitation, and replacement of boating facilities. The program can provide for the acquisition of property and related development projects such as ramps, parking, potable water, sanitation, docks, and other facilities for the convenience and safety of recreational boaters. The Board may adopt other policies, guidelines, and procedure manuals as necessary to implement these rules. The funds are available to eligible participants on a full grant or matching basis. Applicants are strongly encouraged to provide some form of matching funds. This will enhance a project's potential for funding. The applicant's match may be a hard match of cash or a soft match of "in-kind" materials or services such as project administration, design, engineering, force-account labor and permit fees specifically related to the Boating Facility Grant as set forth in the Procedure Guide. Eligible permit fees include application fees for US Army Corps of Engineers and Department of State Lands section 404 and section 10 permits, other state and local government permit fees required for construction or other activities associated with the grant, but not system development charges, impact fees, and general government overhead charges, or waterway leases and licenses associated with ownership of property.

(b) In granting funds, ORS 830.150(2)(a), requires the Board to give first priority to applications for facilities designed to control water pollution or otherwise enhance water quality, including but not limited to, pumping stations for recreational boat holding tanks, and to those other facilities for which there appears the greatest public need. Funds may also be granted for removal of obsolete and abandoned dock or mooring facilities, if these constitute a boating or navigational hazard.

(c) Applications for grants may be submitted by:

(A) Cities;

(B) Counties;

(C) Park and Recreation Districts;

(D) Port Districts;

(E) State Agencies; and

(F) Federal Agency participants such as U.S. Forest Service, Bureau of Land Management and the Corps of Engineers.

(d) Prior to issuing any grant, the Board shall hold a public hearing in the area where a facility is to be constructed or land acquired if, in the judgment of the Board, use of the facility would stimulate significant change in the character of the recreational use of the waters.

(e) Cities, counties, park and recreation districts, port districts, and state or federal agencies that have developed long-range plans for development of boating facilities are encouraged to file a copy with the State Marine Board.

(2) Procedures:

(a) Pre-Application: Prior to submitting an application for a Marine Board boating facility grant, the applicant should contact the Marine Board for a pre-application conference to discuss the proposed project. This will provide applicants with an opportunity to ask any questions regarding the grant program, and will permit the Marine Board staff to assist the applicant in the early planning stages of a project. Requests for application forms, guidance, and assistance may be obtained from: Boating Facilities Section, Oregon State Marine Board.

(b) Application: When an applicant for a grant has completed the planning phase, application shall be made to the Board on such forms as described in the Procedure Guide. A complete application must include the following enclosures:

(A) Completed original application form.

(B) A resolution or statement from the governing body authorizing the project.

(C) Certification from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances or not subject to local plans and ordinances.

(D) The following supporting documents must be submitted:

(i) Location map of the city or county, showing geographic reference location of the project.

(ii) A vicinity map showing the entire facility, boundaries, geographical features and land use adjacent to the project.

(iii) A site plan showing the area to be developed with this grant. All items should be clearly labeled on the plan as existing or proposed development. The plan should show appropriate dimensions to scale.

(iv) Photographs of the existing project site. These should be sufficient to show major site features and any special characteristics. (An aerial photo is desirable if available).

(v) A preliminary cost estimate, with calculations and quantities, including all proposed facilities and work tasks. Where marine facilities are only a portion of the total project cost, indicate the boating related facilities to be developed with Marine Board funds.

(vi) Preliminary Plans of all proposed structures, including a plan view (top) and elevation view (side) of each proposed structure.

(vii) Third Party Agreements including copies of leases, special use permits, or intergovernmental agreements if the applicant manages but does not own the project site. If applicable, a cooperative agreement between the eligible applicant and a third party participant outlining scope and nature of the project should be included.

(viii) A description and chronology of notice given to the public of the application or proposed project and the opportunities for public input and the comments received.

(E) If lands are to be acquired, complete information pertaining to description, present ownership, appraised value, etc. is required.

(F) For all applications, a brief Environmental Checklist describing the anticipated environmental impacts of the project is required.

(G) For certain projects, various regulatory permits, leases, licenses, certifications, and plan reviews must be obtained. It is the responsibility of the applicant to secure the necessary clearances prior to implementing any project. The applicant shall indicate to the Board the status of any such permits, etc., as part of its application.

(H) The Board will not consider incomplete applications.

(c) Notice to Applicants: Following Board consideration, the applicant shall be advised in writing of the Board's decision. If a denial is made based on the protection of water quality, specific notice shall be provided indicating the point or points of the plan which are inadequate ORS 830.150(4).

(d) Approval of Boating Facility Grant: In order to approve a Boating Facility Grant, the Board shall assure that the project complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans by following the procedures set out in the Board's state agency coordination program adopted pursuant to ORS 197.180.

(e) Approved Boating Facility Grants: Following Board approval of a Boating Facility Grant, a special cooperative agreement shall be entered into between the applicant and the Board. This agreement shall describe the responsibilities of both participants. Failure by the applicant to execute the grant agreement within 90 calendar days of project approval by the Board may result in the cancellation of the Boating Facility Grant.

(f) Completion and Final Reimbursement: Upon completion of the project, the sponsor shall notify the Board. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documents and final inspection by Marine Board staff, final reimbursement will be authorized.

(g) Boating Facilities Grant Procedure Guide: The Procedure Guide, adopted by the Board shall set forth policies, application form, billing form and sample cooperative agreement for use by all eligible participants.

(h) Boating Facility Grant Availability: Boating Facility Grants are available each biennial period as prescribed by the Board. Large projects may be phased in over a period of years or bienniums to maximize leverage, distribution and availability of funds. Notice of grant fund availability will be given once to all interested applicants on or about February 15 for the ensuing new biennial period.

(3) Priorities:

(a) The Board shall provide grants for boating facilities as the need for facilities appear to the Board as authorized by ORS 830.150(1).

(b) Since funding for the program is derived from boat registration fees and state motorboat gas tax, the highest priorities will go to projects that serve registered motorboats and sailboats.

(c) When applications for grants exceed funds available, the Marine Board will, pursuant to ORS 830.150(2), consider the results of the Boating Survey conducted in accordance with ORS 830.115 in determining areas of greatest need. The Statewide Six Year Boating Facilities Plan, prepared under ORS 830.110(6), with input from cities, counties, park districts, port districts, state and federal agencies, shall also be used to guide the allocation of funds to priority needs.

(d) The Board in its Procedure Guide shall prescribe specific ranking criteria for grant applications. The Board may convene an advisory committee to assist in the review grant project requests.

(4) Policies:

(a) It is the policy of the Board to encourage applicants to make use of matching funds. As a part of this policy, applicants will be encouraged to seek other sources of matching monies or provide some form of local matching contribution. This local matching contribution may be a "hard" match of cash and a "soft" match of "in-kind" materials or services such as project administration, design, engineering, force account labor, and permit fees specifically related to the Boating Facility Grant. The Board recognizes that, in some instances, this local matching contribution may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full eligible costs. The availability of matching funds or local participation, while not the primary factor in considering a grant application will be examined as one aspect of the project in the decision-making process. The Board in its Procedure Guides shall develop a general policy on applicant matching funds.

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services directly related to construction. Applicants are encouraged to supply "in-house" administration, labor, equipment and services as a form of match to the Marine Board grant. "In-kind" participation shall be documented to the maximum extent possible.

(c) The Board requires project sponsors to place a credit sign at facilities developed with a Marine Board grant. This sign shall indicate that the facility was developed with assistance from the Marine Board. The credit sign shall also recognize grant funding received through the U.S. Fish & Wildlife Services Clean Vessel Act, Boating Infrastructure, or Sport Fish Restoration programs, or other funding sources as appropriate. The cost of design, fabrication and installation is an eligible cost and may be included in the construction contract. The sponsor shall place the required sign in a suitable location at the facility.

(d) In determining approval of the grants, the Board will give priority to those facilities providing free services to the general public.

(e) Marine Board staff will, within budgetary limitations, inspect each proposed facility site with the grant applicant prior to Board consideration of any grant. On-site visits shall be made to assure that the facts presented in the application are correct and to furnish Board members such additional data as may be desired. A final inspection will, within budgetary limitations, also be made prior to the final grant reimbursement.

(f) Grant applications must be received 30 calendar days or more prior to scheduled State Marine Board meetings to be considered by the Board. Applicants should contact the Boating Facilities Section Manager concerning grant application deadlines and availability of funds.

(g) It is the policy of the Board to require that projects be completed within a biennial budget period or less from the date of grant approval. Exceptions may be allowed by the Director if warranted by extraordinary circumstances. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board or as provided by state rule.

(h) Partial reimbursement can be made based upon percentage of project completion with submittal of appropriate documentation (invoices, receipts, photographs, etc.). Final reimbursement will be forwarded upon receipt and approval of appropriate final billing documentation, and a satisfactory final inspection by Board staff. Project sponsors must inform the staff of any alterations to the project, and should provide an early indication of any possible cost overruns or delays which will necessitate a time extension beyond the two year limit.

(i) Except as provided in the Consent Agenda Grant Consideration Policy applicants shall attend the Marine Board meeting at which their facility grant request is being considered. The Marine Board staff shall inform applicants as to the date, time, and location of the Board meeting. Failure to appear at the meeting may result in a deferral of the grant request. The Director may waive this requirement for smaller projects or if special conditions prevent the applicant from being present.

(j) Reimbursement will not be made for projects initiated or completed prior to approval by the Board and federal granting agency. Recognizing that emergencies may arise necessitating quick action, applicants with emergencies should contact the Boating Facilities Section Manager for instructions before initiating any improvements.

(k) Grants will not be approved for the routine maintenance of facilities (e.g., cleaning, litter pickup, lawn care, painting, etc.). These items may be eligible for funding through the Maintenance Assistance Program.

(l) The Director is authorized to approve minor cost overruns (less than $10,000). Applicants must notify the Board of possible cost overruns prior to incurring them in order to be eligible for possible reimbursement.

(m) In submitting the Grant Application and by execution of the Cooperative Grant Agreement the Applicant certifies that all developments will occur on property owned, leased or controlled by Applicant during the term of the agreement. All property or facilities developed with Facilities Grant funds must be dedicated for public use and maintained for a period not less than twenty (20) years. In the event the applicant fails to maintain the facility, or converts the use of the facility, the applicant shall promptly reimburse the Board for all improvement costs provided by the Board.

(n) All projects must comply with "Uniform Sign Guidelines" as published by the Board. All launch ramp facilities developed with Marine Board funds must have at least one uniform boat ramp sign placed on roads leading to the facility in order to direct the public.

(o) All projects must be designed and engineered by a registered engineer or architect unless completed using force account labor or otherwise provided by law. This will assure the applicant and the Board that proper and necessary provisions are being met with respect to public health, life and safety through the best use of materials and labor at a minimal cost.

(p) A publication by the Board titled Design Guidelines for Recreational Boating Facilities" provides basic technical specifications and design criteria for the development of facility grant projects. All projects must comply with these guidelines or other approved methods.

(q) Applicants shall forward one copy of the final plans and specifications to the Board for review, prior to procuring any contractor, material supplier or commencing any work at the project site. Marine Board staff will notify applicants of plan approval, at which time they may commence implementation of the approved plan.

(r) The Board has the capability to provide some design-engineering services for grant applicants. Requests for technical engineering assistance should be directed to the Boating Facilities Section Manager.

Or. Admin. Code § 250-014-0003

MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 4-1988, f. 4-21-88, cert. ef. 5-15-88; MB 7-1992, f. & cert. ef. 5-14-92; MB 9-1994, f. & cert. ef. 8-5-94; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14; OSMB 1-2022, amend filed 03/08/2022, effective 3/9/2022

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 830.110 & ORS 830.150

Statutes/Other Implemented: ORS 830.150