justicedao/ipfs_state_laws huggingface dataset:
635-098-0005 Definitions (1) "Advisory Committee" is the Oregon Conservation and Recreation Advisory Committee as created under ORS 496.254. (2) “The Department” is the State Department of Fish and Wildlife. (3) “The Fund” means the Oregon Conservation and Recreation Fund established under ORS 496.252. (4) "Agreement" is the legally binding document between the Department and the funding recipient. It consists of the conditions specified in these rules, special conditions to the agreement, the project description and budget, and the approved application for funding the project. (5) “Commission” is the Oregon Fish and Wildlife Commission. (6)"Partners" are entities that have committed funding, expertise, materials, labor, or other assistance to a proposed project. Partners do not need to be eligible applicants as defined in 635-098-0070. (7) "Technical experts" is a team of designated persons with interdisciplinary expertise to evaluate applications based on evaluation criteria. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023
635-098-0010 Contributions to the Fund The Oregon Conservation and Recreation Fund shall consist of: (1) Moneys appropriated to the Department for deposit in the Fund or otherwise transferred to the Fund; and (2) Gifts, grants, contributions or other donations for use as described in 635-098-0020 (Expenditures from the Fund) that are received by the Department from any public or private source and caused to be deposited and credited to the Fund. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019
635-098-0020 Expenditures from the Fund The activities as defined in ORS 496.252(2) (a)-(e) for which the Department, as approved by the Commission, may expend moneys from the Fund include, but are not limited to: (1) Promoting the health of Oregon’s ecosystems and fish and wildlife species by implementing conservation programs and strategies identified in the Oregon Conservation Strategy, as defined in ORS 541.890, including conservation programs and strategies for the nearshore identified in the marine component of the Oregon Conservation Strategy; (2) Improving engagement of the public in wildlife watching, hunting and fishing opportunities and in other outdoor recreation opportunities related to and in support of healthy fish, wildlife and habitats; (3) Improving educational outreach and engagement of the public, including diverse and underserved communities, related to and in support of healthy fish, wildlife and habitats; (4) Engaging in, and providing funding for, joint projects of the department and the State Parks and Recreation Department or other state agencies as recommended by the Advisory Committee; (5) Other conservation, management, research, habitat improvement, enforcement, outdoor recreation or education activities; and (6) Costs incurred by the Department in administering the Fund's purpose. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019
635-098-0030 Duties of the Oregon Conservation and Recreation Fund Advisory Committee The duties of the Advisory Committee, in accordance with ORS 496.252 and ORS 496.254, are to: (1) Review Department policies regarding the use of the Fund moneys; (2) Make recommendations to the Commission and the Department on how to expend and obligate funding from the Fund to carry out activities that serve to protect, maintain, or enhance native fish and wildlife and their habitats in Oregon; (3) Work jointly with the Department to submit a biennial report to the Legislative Assembly as provided in ORS 293.640 regarding the expenditure of moneys deposited in the Fund and on the status of various activities funded by the moneys. (4) Perform such other duties as may be requested by the Department and Commission. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019
635-098-0040 Membership of Conservation and Recreation Fund Advisory Committee (1) Advisory Committee Composition, as established in ORS 496.254: (a) The advisory committee shall consist of nine members appointed by the Governor. (b) Six members of the advisory committee shall be appointed to represent one of each of the ecoregions described below, which are documented and described in the Oregon Conservation Strategy. To represent an ecoregion, the member shall live in and possess demonstrable scientific expertise related to the ecoregion. If a regional seat is vacant for greater than one year, a member outside of the region with a strong knowledge of and connection to the region may be appointed. (A) Nearshore Marine or Coast Range (B) Willamette Valley (C) Klamath Mountains (D) West Cascades or East Cascades (E) Columbia Plateau or Blue Mountains (F) Northern Basin and Range (c) Three members of the advisory committee shall be appointed from Oregon-at-large. These three members shall have an interest in fish and wildlife conservation or outdoor recreation, especially wildlife-associated recreation such as wildlife viewing, nature photography, nature tourism, outdoor education, or community science. (d) In making appointments of all nine advisory committee members, consideration should be given to appointing members who possess experience engaging youth, underserved communities and diverse audiences, such as communities of color, tribes, and low income communities,in conservation and recreation activities. Consideration should also be given to members with interests in the economic, social, and educational benefits of healthy ecosystems. (e) Consideration should be given to ensuring that the advisory committee membership reflects the demographic and geographic diversity of Oregon. (f) The Associate Director of Outdoor Recreation, or the Associate Director’s designee, shall serve as a non-voting, ex-officio member on the advisory committee. (g) One member of the Oregon Fish and Wildlife Commission may be designated by the Commission to serve as a non-voting ex-officio member on the advisory committee. (2) Officers: (a) The officers of the advisory committee shall be a Chair and a Vice Chair. (b) Officers shall be elected by the advisory committee from the nine voting members. (c) Officers may hold office for a period of two years from the date of appointment, and may be re-elected. (3) Advisory Committee Term Limits: Each of the nine, voting members of the advisory committee shall serve for a term of four years. A member shall be eligible for reappointment, but no member shall serve more than two consecutive terms. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023 DFW 169-2021, amend filed 10/20/2021, effective 10/20/2021 DFW 168-2021, amend filed 10/20/2021, effective 10/20/2021 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019
635-098-0050 Meetings of Oregon Conservation and Recreation Fund Advisory Committee (1) Time, Location, and Frequency: At times and places fixed by the Chair of the advisory committee, the committee shall meet at a minimum three times per year. (2) Voting: (a) Each of the nine voting members of the advisory committee shall be entitled to one vote on all issues presented at meetings at which the member is present. (b) Five members of the advisory committee constitute a quorum. (c) Less than a quorum of the advisory committee may receive testimony. (d) A recommendation to the department and commission requires an affirmative vote of at least five committee members. Vote will be by roll call. (e) In the absence of the chair and vice chair, the members may choose a temporary chair. (f) Members of the advisory committee should not abstain from voting except on a matter involving potential conflict of interest, in which case the reason for abstention will have been disclosed. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, amend filed 12/28/2023, effective 12/28/2023 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019
635-098-0060 Advisory Committee Duties and Recommendation Procedures (1) In accordance with HB 2829 (2019), the Oregon Conservation and Recreation Advisory Committee: ( a ) Shall review department policies regarding the use of Oregon Conservation and Recreation Fund moneys. ( b ) Shall make recommendations to the commission and the department regarding the use of fund moneys. Pursuant to HB 2829 (2019), the advisory committee shall identify uses for which the department may expend fund moneys. ( c ) Shall work jointly with the department to submit a biennial report to the Legislative Assembly as provided in ORS 293.640 regarding the expenditure of moneys deposited in the Oregon Conservation and Recreation Fund and on the status of various activities funded by the moneys. ( d ) May perform such other duties as may be requested by the department and commission. ( 2 ) The advisory committee shall establish a process for requesting proposals for Conservation and Recreation Fund projects from the department and other interested parties. ( 3 ) The department and any other interested parties may recommend projects to the advisory committee that follow permissible purposes outlined in [HB 2829 Section 1(2)(a-e)]. ( 4 ) The advisory committee shall review all submitted projects and shall recommend expenditures to the commission. The advisory committee will be responsible for determining whether the projects propose activities that serve to protect, maintain, or enhance fish and wildlife resources in Oregon. (5) All proposed funding projects that are or are not recommended by the advisory committee shall be presented in summary to the commission. (6) A project for which recommendation for funding is not supported by the advisory committee may be reconsidered by the committee at a later meeting if the proponent has resolved the objections or deficiencies with a revised proposal. The reason(s) for the advisory committee's vote to not recommend a project shall be explained or reviewed for the proponent at the meeting, or relayed to the proponent in writing after the meeting and be conveyed to the commission upon making recommendations. Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & HB 2829 (2019) Statutes/Other Implemented: ORS 496.012, 496.138, 496.146 & HB 2829 (2019) History: DFW 133-2022, amend filed 09/26/2022, effective 09/26/2022 DFW 97-2020, temporary amend filed 07/29/2020, effective 07/29/2020 through 01/24/2021 DFW 162-2019, adopt filed 10/18/2019, effective 10/18/2019
635-098-0070 Eligibility for Funding (1) Eligible entities include any tribe, watershed council, soil and water conservation district, not-for-profit corporation, school, institution of higher education, state agency, federal agency, local government, or private not-for-profit institution of higher education. Private not-for-profit organizations must have tax-exempt status under the IRS Code Section 501(c)(3). (2) Individuals and for-profit organizations may use an eligible entity as a fiscal sponsor. (3) The Department may define additional eligibility guidelines, in consultation with the Advisory Committee. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023
635-098-0080 Conservation and Recreation Fund Regular Grants The Department shall offer Regular Grant funding solicitations for proposals pursuant to the following: (1) Regular Grant funding proposals may be solicited at least once per year through a request for proposals, if budget allows. (2) Interested applicants shall submit a project application to the Department by the deadline described in the solicitation. (3) The Department, in consultation with the Advisory Committee and technical experts, shall review all Regular Grant funding applications against the evaluation criteria, representation of program priorities as outlined in 635-098-0030 and any other requirements deemed appropriate by the Department which will be made available in the current solicitation. (4) Project match is not required for Regular Grants but may be considered during the review process. (5) The Advisory Committee may request that an applicant amend a project application's scope of work and budget to meet program priorities, and Department staff may assist with such amendments. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023
635-098-0090 Conservation and Recreation Fund Urgent Grants The Department may offer an Urgent Grant funding opportunity for critical need projects that are time-sensitive and high-priority projects that need funding outside of the Regular Grant funding opportunity. All Urgent Grant funding project requests shall submit applications pursuant to the criteria below: (1) All proposed projects for Urgent Grant funding may be required to: (a) Provide a one-page pre-application to ODFW staff and a full application upon request, (b) Attend a pre-application conference with ODFW staff, (c) Present to the Advisory Committee on the proposed project prior to an award, (d) Perform project monitoring, (e) Have secured all project permitting or provide proof of submission, and (f) Be ready to implement upon award. (2) Urgent Grants may be required to provide project match. (3) Urgent Grants may be considered on a rolling basis, year-round, to eligible applicants. (4) The timing of consideration of Urgent Grant funding requests shall be at the discretion of the Advisory Committee, considering available funds and other business. (5) The Advisory Committee shall review all Urgent Grant funding applications against the eligibility requirements, application requirements, and any other requirements deemed appropriate by the Department in collaboration with the Advisory Committee. (6) The Advisory Committee may request that an applicant amend a project application's scope of work and budget to meet program priorities, and Department staff may assist with such amendments. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023
635-098-0110 Award Agreements (1) The project applicant shall enter into an agreement with the Department before initiating the project. (2) The Department shall distribute no funds under an agreement until an agreement is fully executed. (3) The Department may award advanced payments at its discretion as specified in a fully executed agreement. The Department shall not make advanced payments unless the agreement explicitly provides for it. (4) The Department may release advance funds on presentation of a detailed estimate of expenses for a time period specified in the agreement. The Department may release no additional funds until the applicant submits all receipts for expenditures of the advance fund release. (5) The Department may release funds as reimbursements on presentation of a completed Fund Release Request form accompanied by proof of the completion of specific work elements of the project as identified in the agreement. Proof of completion may include paid receipts of invoices for materials or contracted labor, or inspection reports. (6) The Department may retain a minimum of 10 percent of project funds until it receives the required close of project report and evaluates the project for completion and compliance with the agreement. (7) Following project completion, equipment purchased with project funds shall reside with the project grantee or another approved entity. These entities will make the equipment available to others at no cost other than nominal operation and maintenance costs. Equipment with a value above five-thousand dollars shall adhere to any additional post-project requirements stipulated by the Department. (8) After providing notice to the project grantee in writing, the Department may terminate funding for projects not completed in the prescribed time and manner. The money allocated to the project but not used will be available for reallocation by the Advisory Committee. (9) All agreements between the project grantee and the Department shall have a project expiration date. Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.252 & 496.254 Statutes/Other Implemented: ORS 496.012, 496.138 & 496.146 History: DFW 122-2023, adopt filed 12/28/2023, effective 12/28/2023
635-100-0001 Wildlife Diversity Plan Definition of Terms As used in the Wildlife Diversity Plan:1 (1) "Self-sustaining" means wildlife species that are naturally reproducing throughout their ranges with no dependency on artificial propagation to sustain natural production over time. (2) "Endangered" means an animal threatened with extinction within all or a significant portion of its range. (3) "Threatened" means an animal that could become endangered within the foreseeable future within all or a portion of its range. (4) "Sensitive" refers to wildlife species, subspecies, or populations that are facing one or more threats to their populations, habitat quantity or habitat quality or that are subject to a decline in number of sufficient magnitude such that they may become eligible for listing on the state Threatened and Endangered Species List (5) "Wildlife" means fish, shellfish, amphibians, reptiles, feral swine, wild mammals, wild birds, and animals living intertidally on the bottom as defined by ORS 506.011. 1The Nongame Wildlife Management Plan was reviewed and updated as the Wildlife Diversity Plan and adopted by the commission on November 17, 1993. The Wildlife Diversity Plan was reviewed, updated, and adopted by the commission on January 22, 1999. As noted below in OAR 635-100-0005, only the policy portions of the Wildlife Diversity Plan are incorporated here as an administrative rule. Copies of the Wildlife Diversity Plan are available through the agency. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 History: DFW 108-2009, f. & cert. ef. 9-8-09 DFW 4-1999, f. & cert. ef. 2-8-99 DFW 22-1998, f. & cert. ef. 3-13-98 FWC 75-1993, f. & cert. ef. 11-24-93 FWC 11-1986, f. & ef. 4-4-86
635-100-0005 Wildlife Diversity Plan Content and Purpose (1) The Wildlife Diversity Plan provides the program goal, objectives and strategies to identify and coordinate nongame wildlife management, research and status survey needs, and education and recreation needs related to Oregon’s wildlife. The document provides direction to the Oregon Department of Fish and Wildlife in carrying out its mandated responsibilities. The plan is also intended as an informational document to be used in wildlife programs by public agencies and others concerned with the conservation of nongame and other fish and wildlife species. Only the policy portions of the Wildlife Diversity Plan are incorporated here by administrative rule, namely the Goal and Objectives. (2) The remaining portions of the Plan — (Introduction, Strategies, Sub-strategies, Technical Information, Operational Schedule, and Priorities) are technical or related to agency management decisions. Accordingly, those parts may be updated by the commission outside the administrative rule process as new information is developed. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 History: DFW 4-1999, f. & cert. ef. 2-8-99 FWC 75-1993, f. & cert. ef. 11-24-93 FWC 11-1986, f. & ef. 4-4-86
635-100-0010 Wildlife Diversity Program Goal It is the goal of the Wildlife Diversity Program to maintain Oregon’s wildlife diversity by protecting and enhancing populations and habitats of native wildlife at self-sustaining levels throughout natural geographic ranges. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 496.375 Statutes/Other Implemented: ORS 496.012, 496.138, 496.146, 496.162 & 496.375 History: FWC 75-1993, f. & cert. ef. 11-24-93 FWC 11-1986, f. & ef. 4-4-86
635-100-0015 Wildlife Diversity Program Objectives The objectives of the Wildlife Diversity Program are to: (1) Assess, conserve, and enhance wildlife habitats. (2) Assess, conserve, and enhance populations of native species at self-sustaining levels throughout their natural geographic ranges. (3) Provide recreational, educational, aesthetic, scientific, economic and cultural benefits derived from Oregon’s diversity of wildlife. (4) Minimize adverse biological, social and economic impacts resulting from interactions between people and wildlife. (5) Provide financial and human resources for program planning, administration, implementation, and evaluation. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 History: DFW 4-1999, f. & cert. ef. 2-8-99 FWC 75-1993, f. & cert. ef. 11-24-93 FWC 11-1986, f. & ef. 4-4-86
635-100-0030 Wildlife Diversity Plan Five-Year Review The policy portions of the Wildlife Diversity Plan, namely the Goal and Objectives, will be updated and reviewed by the Oregon Fish and Wildlife Commission every five years beginning in 1993. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 Statutes/Other Implemented: ORS 496.004, 496.012, 496.171, 496.172, 496.182, 496.192, 496.380, 496.385, 497.298, 497.308, 497.318 & 498.026 History: DFW 4-1999, f. & cert. ef. 2-8-99 FWC 75-1993, f. & cert. ef. 11-24-93 FWC 11-1986, f. & ef. 4-4-86