Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 390.180
Statutes/Other Implemented: ORS 390.180
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