| Maintenance Assistance Program Rules |
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| OAR 250-014-0004 |
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(1) Program Description:
(a) The Board is authorized by ORS 830.150(2)(a) to provide funds for annual maintenance of improved public marine facilities.
(b) The Board is also authorized to provide federal Clean Vessel Act CFR 50 Part 85 funds made available through the U.S. Fish and Wildlife Service, to assist in the maintenance of vessel waste collection facilities, floating restrooms, and related support facilities.
(c) Federal Clean Vessel Act funds require at least a 25% non-federal match of funds, which is usually provided by the Board. All participants must agree to comply with any and all federal funding requirements.
(d) The intent of the Maintenance Assistance Program (MAP) is to augment existing levels of routine maintenance at improved public marine facilities provided by eligible participants throughout the state. Eligible participants are encouraged to use MAP funds to enhance their existing level of funding and to improve the quality of maintenance provided.
(e) This program is not intended to replace participant maintenance funds or be the sole source of funding for all boating facility maintenance. The Program is voluntary and by accepting MAP funds the participant agrees to comply with all program rules, policies and procedures.
(f) Eligible participants include cities, counties, park and recreation districts, port districts and state agencies.
(g) Eligible facilities include boat ramps, boarding floats, restrooms, parking areas, access roads, transient tie-up floats, floating restrooms, vessel waste collection systems and related facilities. To be eligible, a facility must be open at least during the peak season of use and, at a minimum, provide:
(A) A single-lane boat ramp with at least 6 vehicle/boat trailer and 2 single car parking spaces or at least 100 linear feet of transient tie-up floats; Vessel waste collection facilities; or floating restrooms.
(B) A single-stall restroom; and
(C) One garbage can.
(h) The MAP funds may be used for routine and ordinary maintenance of boating facilities to include but not limited to: cleaning boat ramps, docks, parking areas, restrooms, garbage and litter pick up, grounds keeping, and minor repairs to eligible facilities. Federal Clean Vessel Act funds may be used for routine and ordinary maintenance of vessel waste collection facilities and floating restrooms to include cleaning, septic disposal, minor repairs and deployment and winterization.
(2) Allocation:
(a) MAP funds are provided, on an allocation basis each fiscal year, to eligible participants who own or operate eligible facilities. The amount of MAP funds available in any fiscal year shall be one-half of the biennial amount approved by the Board.
(b) Federal Clean Vessel Act funds are provided to eligible participants contingent on availability and approval by the U.S. Fish and Wildlife Service.
(c) Prior to each biennial period the Board shall approve the MAP allocation formula and point system for site elements found at eligible facilities. The point system will establish the Board's share of the estimated level of effort necessary to meet the minimum level of maintenance expectations as established by the Board. Each point has a value of $100. The MAP payment shall be made to eligible participants annually, on or about August 1, using the allocation methodology as follows:
(A) Determine the Base Allocation for each boating facility. Calculate the number of launch lanes, boat trailer parking spaces, restroom stalls, length of boarding floats, length of transient tie-up floats, grounds and garbage service by the point values as prescribed by the Board. Multi-site participants with facilities that are only accessible by boat or participants that provide four or more facilities will receive additional points as established by the Board.
(B) Determine the Boating Facility Allocation. Adjust the Gross Allocation with a 25% reduction for each $1 facility fee charged by the participant in excess of $2. Facility fees may be any day use, entry, launch, parking or other fee charged to users for a single use of the boating facility. The Board will use the highest of any single use fee paid by the boater. Any fee charged over $5 will disqualify that facility from receiving any MAP funds. The Board may prescribe other fee reduction values for transient tie-up facilities based on local or regional market conditions. Facility Allocation = Gross - (.25 Gross)(Fee $2).
(C) The Board may balance the number of launch lanes to the number of parking spaces in conformance with the "Design Guidelines." The Board may further make adjustments for restrooms that clearly serve other developed activity areas besides boating, such as large day use areas, marinas, campgrounds and downtown areas. These facilities will assume to have joint use and points will be adjusted accordingly. The Board may further make adjustments for restrooms that have seasonal stall closures where the entire restroom facility is not open to public boating use.
(D) Adjust the Boating Facility Allocation for seasonal facility closures:
(i) 50% MAP Allocation = 3 month peak season;
(ii) 25% MAP Allocation = 3 month shoulder season;
(iii) 25% MAP Allocation = 6 month off-season.
(E) Determine Total Eligible Boating Facility Participant Allocation. Participant's annual allocation is the sum total of each eligible facility. Total Allocation = (Facility 1 + Facility 2 +...).
(d) Determine the Base Allocation for each vessel waste collection facility. Calculate the number of pumpouts, dump stations and floating restrooms by the development point values as prescribed by the Board.
(A) Adjust the Vessel Waste Collection Systems Allocation for seasonal closures when the facility is not open for public use:
(i) 50% Facility Allocation = 3 month peak season;
(ii) 25% Facility Allocation = 3 month shoulder season;
(iii) 25% Facility Allocation = 6 month off-season.
(B) Determine Total Eligible Vessel Waste Collection Systems Participant Allocation. Participant's annual allocation is the sum total of each eligible facility. Total Allocation = (Facility 1 + Facility 2 +...).
(C) Boat waste collection facilities built with Board grants are required to provide free use for the public. No user fees may be collected or charged. The facility must be open and available to the general boating public to include hoses, adapters, power and other necessary items for operation and use.
(D) The Board shall re-allocate any MAP funds remaining in the biennium to the Marine Facility Grant Program.
(3) Procedures:
(a) On or about May 15 of each year, the Board shall estimate the funds available for the next fiscal year, and shall use the point allocation in Section 2 of these rules to estimate each participant's allocation.
(b) Eligible participants shall be notified in writing of their estimated allocation for the ensuing fiscal year.
(c) For the fiscal year beginning July 1 and ending June 30, the participant shall certify by July 15 to the Board the following:
(A) The participant has adopted a budget that includes the estimated MAP allocation; and
(B) The number of eligible improved marine facilities and site elements maintained by the participant; and
(C) That the MAP funds will be spent only to maintain improved marine facilities in accordance with the MAP procedures and policies; and
(D) The season(s) of use that the improved marine facility will be open and maintained for public use; and
(E) The amount of any user fees to be charged during the fiscal year for use of the eligible boating facility by boaters. User fees include the highest of any entrance, day use, launch ramp, parking, transient moorage or other fees paid daily, monthly, or annually.
(d) Any participant that does not certify to the Board by July 15, as required above, shall be deemed to have waived participation in the MAP program.
(e) Participants allocated more than $10,000 annually shall submit to the Board an estimated expenditure report at the end of each fiscal year period and an operations and maintenance budget outlining actual MAP and participant expenditures for labor, supplies, materials and services for all eligible sites individually. Reports shall be in the manner and form as required by the Board. Failure to submit this report within the specified time shall result in participant disqualification.
(4) Policies:
(a) It is the policy of the Board that the MAP program is designed to supplement funds expended by an eligible participant in the maintenance of improved boating facilities. The intent of the Board is to assist in improving the quality of maintenance at improved boating facilities. MAP funds may not be used to match grant funds or other capital projects.
(b) Funding for the program may be denied to an eligible participant if the Board determines that a sponsor has expended MAP funds for purposes other than those allowed by these rules, failure to provide an adequate level of maintenance, or failure to provide additional funds beyond MAP or failure to report any changes in facility user fees or season of use.
(c) It is the policy of the Board to encourage eligible participants to develop and improve the quality of facilities using the Facility Grant Program in order to reduce the cost of maintenance and operations.
(d) It is the policy of the Board to encourage free public access to the waters of this state.
(e) It is the policy of the Board to allow MAP funds to be expended on small tools and equipment capital purchases not to exceed $1,000 for each site, provided the applicant provides sufficient maintenance that complies with expectations as established by the Board.
(f) The Board requires that park maintenance expenditure records be available to the Board for inspection and audit upon request. The Board may establish certain operation and maintenance expectations based on use, seasons and/or level of site development.
(g) Restroom facilities at each site must be available and maintained for public use whenever the boating facility is available and open for public use, but in no instance may this be less than 3 months during peak season.
(h) Only motorized and mixed use facilities are eligible for MAP. It is the policy of the Board that facilities located on bodies of water that are principally non-motorized or where motorboat use is prohibited, are not eligible for MAP.
(i) The Board may require participants to report on the maintenance needs and activities performed. The report shall be in such form and detail as the Board may require.
(j) If a participant's actual annual maintenance expenditures or budget for marine facility maintenance is less than the MAP allocation, a maximum of 10% of the total annual MAP allocation may be carried forward to the next fiscal year. All carry-forward amounts must be fully expended within that period. The participant shall reimburse the Board for any excess MAP funds not expended within the fiscal year. Failure to notify the Board of unexpended MAP funds may result in disqualification from the program.
(k) The participant shall match any MAP funds received from the Board. Participant match may include cash and/or in-kind services directly relating to maintenance of boating facilities. Participant match may only include those items relating to boating facilities and shall not include any cash or in-kind activities expended on campgrounds, marinas, fuel stations, trails, picnic shelters, swim areas or other large day use components.
(l) It is the policy of the Board that MAP funds may not exceed 60% of a participants total maintenance expenditure on boating facilities.
(m) It is the policy of the Board not to increase a participants' allocation of MAP funds during any fiscal year.
(n) MAP participants are encouraged to document any percentage of estimated in-kind matching sources to include: fleet services, overhead, program administration, higher level supervision or other general service assessments/charges. MAP participants are encouraged to develop a cost accounting system that separates out MAP funds by line item revenue and expenditures. Expenditure detail should be sufficient to demonstrate that MAP funds provided are being appropriately expended.
(o) Participants shall identify any shared use of public boating facilities such as restrooms and parking areas with non-boating use such as campgrounds, sports fields, trails, etc. Where shared use occurs, participants shall estimate the percentage of use shared facilities that is attributable to boaters.
(p) MAP funds are principally targeted for labor, supplies, or contract services that will be expended at the site. Justification will be required for expenditures for overhead, program administration, supervision or other general service assessments/charges that amount to 15% or more of MAP funds received.
(q) MAP participants that provide four or more sites may shift up to 25% of the individual MAP site allocation to other eligible MAP sites to accommodate changing use patterns, water conditions or maintenance needs, provided that minimum maintenance expectations are met at all sites.
(r) Any daily, monthly or annual use fees charged at MAP sites must be uniform for a specific class of users. No differential in-area or out-of-area annual, seasonal or day use fees may be charged at MAP sites.
[Publications: Publications referenced are available from the agency.]
Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented: ORS 830.150
Hist.: 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 7-1992, f. & cert. ef. 5-15-92; 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
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