SECTION 457:10-5-1. Grants to Local Governmental Units  


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  • (a)   From time to time, the Oklahoma Legislature and Governor appropriate funds to the Commission for distribution to impacted local governmental units through various grant programs to further the purposes and mission of the Commission.
    (b)   These grant programs shall consist of a series of application periods, continuing so long as funds are available. Maximum grants and applicable local/state support ratios, if any, may be established for each application period.
    (c)   Expenditures pursuant to these grant programs shall comply with applicable statutes and rules and shall be construed as an expenditure of public funds in furtherance of governmental functions and for the purpose of conferring general and uniform benefits resulting from the expenditures.
    (d)   Rules for the submission, award and administration of the grant programs follow:
    (1)   Eligible applicants include local governmental entities as defined by this Chapter.
    (2)   Any eligible entity which desires to participate in a grant program shall file a written plan of action and application for funds in support thereof which:
    (A)   describe how the realignment, expansion, reduction or closure of one of Oklahoma's military installations or national guard or reserve training centers would adversely affect its community of interest;
    (B)   describe the public project or projects proposed to protect the interests of the governmental entity and its constituents with respect to BRAC issues relevant to the affected military installation; and,
    (C)   set forth in detail or describe specifically the funds or other resources from local sources to be expended in pursuit of the public project or projects, which expenditures are sought to be matched with funds from this Program.
    (3)   The plan and application so submitted must have received a two-thirds (2/3) affirmative vote of the governing board of the local governmental entity, which vote shall be memorialized in a document executed under oath which states that the record of the vote is a true and accurate account of the proceedings approving the plan.
    (4)   If a plan and application are submitted by a voluntary association, evidence of eligibility under Rule (1), above, shall be submitted in addition to the required approval by the governing board of the local governmental entity.
    (5)   Expenditure of all funds from this grant program shall comply with the terms of the plan and application submitted to and approved by the Commission.
    (6)   A summary description of any public project, including any work product which is an analysis or recommendation, which results from any grant funded by this program, shall be filed with the Commission and may be used by the Commission for any lawful purpose.
    (7)   No funds from this grant program shall be used to pay any administrative expenses of the applicant, and the Commission shall cause expenditures of grant program funds to be monitored and audited to assure compliance with this requirement.
    (8)   Any entity which expends grant program funds for proscribed administrative expenses shall be liable to the State of Oklahoma for treble the amount of funds identified as misspent, together with costs associated with recovery of the funds, including reasonable attorney's fees. Funds so recovered shall become available for distribution to other participants. Misuse of any funds awarded pursuant to this Program shall disqualify the miscreant for further funding for a period of one (1) year from the date of issuance of the violation report.
[Source: Added at 21 Ok Reg 129, eff 10-8-03 through 7-14-04 (emergency); Added at 23 Ok Reg 3199, eff 4-13-05 through 7-14-06 (emergency); Added at 24 Ok Reg 2901, eff 3-12-07 through 7-14-07 (emergency); Added at 24 Ok Reg 2919, eff 9-14-07]

Note

EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-04 (after the 7-14-04 expiration of this emergency action), Section 457:10-5-1 was no longer effective, and remained as such until added again by emergency action on 4-13-05. For the official text of the emergency rule that was in effect from 10-8-03 through 7-14-04, see 21 Ok Reg 129.
EDITOR’S NOTE: This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of this emergency action), Section 457:10-5-1 was no longer effective, and remained as such until added again by emergency action 3-12-07. For the official text of the emergency rule that was in effect from 4-13-05 through 7-14-06, see 23 Ok Reg 3199.
EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-07 (after the 7-14-07 expiration of this emergency action), Section 457:10-5-1 was no longer effective, and remained as such until added again by permanent action on 9-14-07.