For the purposes of division 35 rules, the following terms have
the following definitions, unless the context clearly indicates
otherwise:
(1) "Agreement" means a legally binding contract between the
Department and Recipient that contains the terms and conditions under which the
Department is providing funds from the Connect Oregon Fund for an Approved
Project.
(2) "Applicant" means a Person or Public Body that applies for
funds from the Connect Oregon Fund.
(3) "Approved Project" means a project that the Commission has
approved to receive funding through a grant from the Connect Oregon
Fund.
(4) "Area Commissions on Transportation" means advisory bodies
chartered by the Oregon Transportation Commission.
(5) "Aviation" is defined in ORS 836.005(5).
(6) "Commission" means the Oregon Transportation
Commission.
(7) "Competitive Grant Application" means an application
submitted by the submission date established by the Department that does not
require an award of a federal grant to fund the project.
(8) "Connect Oregon Fund" means the fund created in ORS
367.080.
(9) "Dedicated Project" means a project listed Chapter 491,
2019 Oregon Laws, Section 10.
(10) "Department" means the Oregon Department of
Transportation.
(11) "Director" means the Director of the Oregon Department of
Transportation.
(12) "Oregon Department of Aviation (ODA)" means the Oregon
Department of Aviation (ODA) defined in ORS 836.005(7).
(13) "Final Project Acceptance" means the Department's written
acceptance of a project as complete following an on-site review of the
completed project.
(14) "Freight Advisory Committee" means the committee created
in ORS 366.212.
(15) "Federal Grant Match Application" means an application
submitted by the submission date established by the Department that requires an
award of a federal grant to fund the project.
(16) "Limited Land Use Decision" has the meaning given in ORS
197.015(12).
(17) "Land Use Decision" has the meaning given in ORS
197.015(10).
(18) "Oregon Business Development Department" means the
department defined in ORS 285A.070.
(19) "Person" has the meaning given in ORS 174.100(6), limited
to those Persons that are registered with the Oregon Secretary of State to
conduct business within the State of Oregon.
(20) "Program" means the Connect Oregon Fund Program
established by division 35 rules to administer the Connect Oregon Fund.
(21) "Program Funds" means the money appropriated by the
Legislature to the Connect Oregon Fund and includes funds that become available
due to loan repayment from a previous project, unappropriated project funds
from Approved Projects, earnings on moneys held in the Connect Oregon Fund, and
funds from sanctions as prescribed in
731-035-0080(5) of an Approved
Project.
(22) "Project Sponsor" means a Person or a Public Body seeking
funds to develop and implement a Dedicated Project.
(23) "Public Body" is defined in ORS 174.109.
(24) "Rail Advisory Committee" means a committee appointed by
the Director and approved by the Commission to advise the Department on issues,
policies and programs that affect rail freight and rail passenger facilities
and services in Oregon.
(25) "Recipient" means an eligible Person or Public Body that
enters into an Agreement with the Department to receive funds from the Connect
Oregon Fund.
(26) "Recipient's Total Project Costs" means the funds received
from the Connect Oregon Program Funds plus the matching funds required under
Oregon Administrative Rule
731-035-0070(3)(a)(B) and any additional funds, if
applicable.
(27) "Regional Solutions Team" means the teams created in ORS
284.754.
(28) "State Aviation Board" means the board created in ORS
835.102.
(29) "Transportation project" is defined in ORS 367.080(1)(c)
and means a project or undertaking for rail, marine, and aviation capital
infrastructure, including bridges, or a project that facilitates the
transportation of materials, animals or people. A transportation project does
not include costs associated with operating expenses.
Notes
Or. Admin. Code §
731-035-0020
DOT
8-2005(Temp), f. 11-17-05, cert. ef. 11-21-05 thru 5-19-06; DOT 3-2006, f.
& cert. ef. 1-24-06; DOT 5-2007, f. & cert. ef. 11-15-07; DOT 3-2009,
f. & cert. ef. 11-17-09; DOT 2-2010, f. & cert. ef. 7-30-10; DOT
5-2011, f. & cert. ef. 12-22-11; DOT 6-2013, f. & cert. ef. 12-20-13;
DOT
3-2015, f. & cert. ef.
12/17/2015; DOT 2-2017, temporary
amend filed 09/27/2017, effective 10/06/2017 through 04/04/2018;
DOT
2-2018, amend filed 03/20/2018, effective
3/20/2018;
DOT
1-2020, amend filed 01/24/2020, effective
1/24/2020;
DOT
5-2024, temporary amend filed 12/04/2024, effective
12/4/2024 through
6/1/2025; DOT
2-2025, amend filed 05/08/2025, effective
5/8/2025
Statutory/Other Authority: ORS 184.619, 367.082 & Ch. 816
OL 2005
Statutes/Other Implemented: ORS 367.080 - 367.086, Ch. 816 OL
2005 & Ch. 750 OL 2017