Or. Admin. Code § 695-005-0060 - Distribution of Funds

(1) The Director may withhold payments to a Grantee in a situation where there are significant and persistent difficulties with satisfying OWEB requirements.

(2) Prior to disbursement of Board funds, the Grantee must provide proof that the required match, based on the total Board award, has been secured.

(3) Prior to disbursement of Board funds for projects involving a private property, OWEB must receive a cooperative agreement from the landowner, or easement holder where the property interest demonstrates sufficient control to accomplish the proposed action, that, at a minimum, includes:

(a) Certification that the landowner owns the land, or the easement holder demonstrates sufficient control to accomplish the proposed action where the work will be carried out;

(b) An agreement to allow Grantee to carry out the work, or a portion of the work on the property;

(c) An agreement to maintain the Project, or allow maintenance of the Project, over a time period consistent with the grant application;

(d) An agreement to allow the OWEB Board and its representatives access to the site where the work is being carried out for inspection and evaluation; and

(e) Landowner's or the easement holder's acknowledgment that they are aware of the application to OWEB and that information relating to the work, including effectiveness monitoring data, is a public record.

(4) Prior to disbursement of Board funds for projects involving a public property OWEB must receive evidence from the public agency that it concurs with the project.

(5) Funds shall not be disbursed on project elements that require permits or licenses until OWEB receives satisfactory evidence that the necessary permits or licenses have been granted and documents required by the Board have been submitted.

(6) Funds will be released upon receipt of a completed request, as prescribed by OWEB, accompanied by documents as determined by the Director, and proof of completion of specific work elements of the project as identified in the Grant Agreement.

(7) Advance funds may be released upon presentation of a detailed estimate of expenses for up to 120 days. Within 120 days of the date of the advance check, receipts or invoices for the advance must be submitted, a justification to extend the advance must be approved, or the unexpended advance funds must be returned to the Board. Additional funds will not be released until receipts for expenditures of previous fund releases are submitted, or an estimate of expenditures is approved by the Director.

(8) All grant agreements authorized by the Board shall have a clause that requires the retention of up to 10% of project funds until the final report, as required in the grant agreement, has been approved. Final reports are due within 60 days of project completion. Any unexpended Board funds must be returned to the Board with the final report. Upon receipt of the final report, the Board shall have 90 days to approve the completed report or notify the Grantee of any concerns that must be addressed or missing information that must be submitted before the report is considered complete and reviewed for approval. Once the final report has been approved the final payment shall be promptly processed.

(9) All Grantees shall account for at least the required match, based on the total Board grant expenditures upon project conclusion and final reporting.

Notes

Or. Admin. Code § 695-005-0060

OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05; OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09; OWEB 1-2017, f. & cert. ef. 5/2/2017; OWEB 1-2023, amend filed 02/03/2023, effective 2/3/2023

Statutory/Other Authority: ORS 541.906

Statutes/Other Implemented: ORS 541.890 - 541.969