justicedao/ipfs_state_laws huggingface dataset:
690-602-1000 Public Notice and Comment (1) Prior to the award of Place-Based Water Planning funding, the Department shall provide notice as follows: (a) Public notice with a minimum 45-day public comment period. (b) Written notice to county and tribal governments within the proposed planning boundary of an application prior to or simultaneously with public notice. (2) Prior to a decision of state recognition of a plan, the Department shall provide written notice to county and tribal governments within the plan boundary and public notice with a minimum 45-day public comment period. The Department shall report all public comments received to the Commission for consideration. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0009, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-1100 Agreements or Contracts (1) The Department, in consultation with other relevant state agencies, shall produce and publish a report at least every four years that: (a) Identifies specific purposes for which the Department may consider entering into agreements or contract to support place-based integrated water resources planning during the upcoming reporting period consistent with ORS 537.873(6). (b) Documents how funding was spent pursuant to ORS 537.873(6) through contracts and agreements since the previous report. (2) The Department may use moneys in the fund to further place-based integrated water resources planning for purposes consistent with ORS 537.873(6). Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0011, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-1200 Provision of Technical Assistance The Department, in consultation with other relevant state agencies, shall develop, maintain, and communicate a system for receiving, prioritizing, and responding to requests for technical assistance to support place-based integrated water resources planning. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0012, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
690-602-1300 Program Evaluation The Department, in consultation with other relevant state agencies, collaboratives, and other interested parties, shall periodically conduct a program evaluation and if necessary, may implement strategies for improvement. Statutory/Other Authority: ORS 537.872 - ORS 537.873 & ORS 536.027 Statutes/Other Implemented: ORS 537.872 - ORS 537.873 History: WRD 5-2025, renumbered from 690-602-0013, filed 04/02/2025, effective 04/02/2025 WRD 3-2025, adopt filed 03/28/2025, effective 04/01/2025
695-001-0000 Notice Rule Prior to adoption, amendment or repeal of any rule, the Oregon Watershed Enhancement Board will give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the intended action. (2) By mailing a copy of the notice to persons on the Oregon Watershed Enhancement Board's mailing list established pursuant to ORS 183.335(8) at least 28 days prior to the effective date. (3) By mailing or furnishing a copy of the notice at least 28 days prior to the effective date to: (a) Organizations: (A) Watershed Councils and Watershed Interest Groups; (B) Soil and Water Conservation Districts; (C) Such other environmental and resource interests who have expressed an interest in the Oregon Watershed Enhancement Board Program; and (D) The Nine Federally Recognized Indian Tribes. (b) State Agencies: (A) Agriculture, Department of; (B) Environmental Quality, Department of; (C) Fish and Wildlife, Department of; (D) Forestry, Department of; (E) Water Resources Department; (F) Geology and Mineral Industries, Department of; (G) Governor’s Office, Assistant for Natural Resources; (H) Health Division, Department of Human Resources; (I) Land Conservation and Development; (J) Parks and Recreation Department; (K) Department of Transportation; (L) Oregon Department of Education; (M) State Lands, Department of; and (N) Oregon State University Extension Service Watershed Group. (c) Federal Agencies: (A) Bureau of Land Management; (B) Corps of Engineers; (C) Bureau of Reclamation; (D) Forest Service; (E) Environmental Protection Agency; (F) Natural Resources Conservation Service; (G) NOAA Fisheries; (H) The US Fish and Wildlife Service; (I) The Bonneville Power Administration; (J) The Northwest Power and Conservation Planning Council; and (K) Other public agencies with similar resource responsibilities or who have expressed an interest in the OWEB Program. (d) News Media. (4) By mailing or furnishing a copy of the notice at least 49 days prior to the effective date to the appropriate legislators under 183.335(15). Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 541.890 - 541.965 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05 GWEB 1-1997, f. & cert. ef. 10-29-97 GWEB 4-1987, f. & ef. 10-20-87 GWEB 2-1987(Temp), f. & ef. 8-27-87
695-001-0005 Model Rules of Procedure The Oregon Attorney General’s Model and Uniform Rules of Procedure, January 2004 edition, were adopted by the Oregon Watershed Enhancement Board on September 14, 2004 and will be followed in all matters except where a different procedure is prescribed by statute. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Watershed Enhancement Board.] Statutory/Other Authority: ORS 183, 541 & Ch. 734 & OL 1987 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05 GWEB 1-1992, f. & cert. ef. 6-29-92 GWEB 1-1989, f. & cert. ef. 3-9-89 GWEB 1-1987, f. & ef. 8-27-87
695-003-0010 Purpose These rules govern implementation by the Oregon Watershed Enhancement Board (OWEB) of the public records law, ORS 192.410 to 192.505, including fees for recovery of the actual costs involved in making public records available and in providing copies of public records, pursuant to ORS 192.440. Statutory/Other Authority: ORS 541.906, 192.430 & 192.440 Statutes/Other Implemented: ORS 192.410 - 192.505 History: OWEB 1-2008, f. & cert. ef. 3-25-08
695-003-0020 Requests to Inspect or Obtain Copies of Public Records (1) The right to review public records includes the right to review the original public record where practicable. The requester does not have a right to personally locate the public record or to review portions of the public record that are exempt from disclosure pursuant to ORS 192.501 to 192.505. (2) A request to inspect or obtain copies of a public record or information from public records must be made in writing to the Public Records Coordinator at the Oregon Watershed Enhancement Board, 775 Summer Street NE, Suite 360, Salem, OR 97301-1290, and must include: (a) The name, mailing address, email address, and telephone number of the requester; (b) Identification of the needed public record or of the type and format of needed public record information, if known to the requester; (c) The time period the records or information were produced, and the officials involved in producing the records or relevant information, if known to the requester; and (d) The number of copies for each item requested of the record, if copies are requested. (3) OWEB will make all its public records, not otherwise exempt from disclosure by law, available for inspection and copying during regular business hours. (4) OWEB may condition the time and manner of inspection or copying as necessary under the circumstances to protect the records and prevent interference with the regular discharge of the duties of the OWEB Board, OWEB, and OWEB’s employees. (5) OWEB will accommodate public records requests from persons with disabilities in accordance with the Americans with Disabilities Act. Statutory/Other Authority: ORS 541.906, 192.430 & 192.440 Statutes/Other Implemented: ORS 192.410 - 192.505 History: OWEB 1-2008, f. & cert. ef. 3-25-08
695-003-0030 Fees for Inspections or Copies of Public Records (1) A person inspecting a public record or receiving a copy of a public record or information from a public record must pay OWEB’s actual costs, as follows: (a) The cost of staff time necessary to locate and handle the records, to delete material exempt from disclosure and to supervise the inspection by the requester; (b) The cost of producing the copy or the information; and (c) The cost of other supplies or services necessary to furnish the copy or information. (2) The OWEB Board shall establish the agency’s list of fees for inspection and copying of public records. The list of fees shall be posted on OWEB’s website and shall be available on request from OWEB. The OWEB Board shall review the list of fees adopted from time to time in order to ensure that the fees reflect current actual costs. (3) If the request appears to require services for which no fee has been established, the actual costs will be determined or estimated by OWEB, and the requester will be notified of those costs before OWEB complies with the request. (4) OWEB may require that all or a portion of the estimated fees be paid before the public record is made available for inspection or copies provided. (5) Payment for public record requests may be made in the form of cash, check, or money order. Statutory/Other Authority: ORS 541.906, 192.430 & 192.440 Statutes/Other Implemented: ORS 192.410 - 192.505 History: OWEB 1-2008, f. & cert. ef. 3-25-08
695-003-0040 Exception to Fee Charge; Fee Waivers and Reductions (1) There is no fee for obtaining one or more copies of a public record, if providing one or more copies of that particular public record without charge is part of OWEB’s programs at the time of the request, including but not limited to the public distribution of OWEB reports, news releases and public notices, and the routine provision of public records or information from public records related to grant administration or the Oregon Plan. (2) Subject to the exception described in subsection (1), no fee waiver or reduction will be given for OWEB’s actual costs in providing access for inspection or furnishing copies of public records, if those actual costs would be otherwise paid from funds dedicated to watershed protection under Article IV, Section 4b, of the Oregon Constitution, federal funding allocated by intergovernmental agreement to salmon recovery efforts, or license plate revenues statutorily dedicated to salmon recovery projects. Statutory/Other Authority: ORS 541.906, 192.430 & 192.440 Statutes/Other Implemented: ORS 192.410 - 192.505 History: OWEB 1-2008, f. & cert. ef. 3-25-08
695-004-0010 Purpose The Oregon Watershed Enhancement Board has broad authority to carry out a watershed enhancement program under the provisions of ORS 541.890 to 541.969. The Board may allocate funds to support projects for restoration, monitoring, technical assistance, small grants, education and outreach, watershed council support, land acquisition, instream water leases and transfers, research and other related activities that advance the purposes of the watershed enhancement program. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
695-004-0020 Definitions (1) “Board” means the Oregon Watershed Enhancement Board created under ORS 541.900. (2) “Director” means the Executive Director of the Oregon Watershed Enhancement Board or the Executive Director’s designee. (3) “OWEB” means the Oregon Watershed Enhancement Board state agency. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
695-004-0030 Process and Criteria The Board shall approve standards and guidance for application requirements and processing, evaluation criteria, agreement conditions, and distribution of funds. (1) Guidance and criteria for accepting and reviewing applications for watershed enhancement projects proposed under the regular grant program are contained in OAR chapter 695, divisions 5 through 50. (2) For watershed enhancement project requests for initiatives or programs that are separate or distinct from the programs referenced in subsection (1), the Board shall approve additional necessary guidance and criteria. (3) Board allocations under subsections (1) and (2) may be distributed through grant agreements, interagency agreements, and contracts for services. (4) The Director shall enter into the grant agreements, interagency agreements, or contracts necessary to carry out the standards approved by the Board. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
695-005-0010 Purpose These rules guide the Oregon Watershed Enhancement Board in accepting applications and considering grant proposals for funding under the provisions of ORS 541.890, et seq. The Board grant program includes grants described in Chapter 695, Divisions 10-47 for watershed restoration, technical assistance, monitoring, operating capacity, stakeholder engagement, land and water acquisition, small grants, and other grant programs initiated by the Board. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 1-2017, f. & cert. ef. 5-2-17 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-005-0020 Definitions (1) "Board" means the Oregon Watershed Enhancement Board created under ORS 541.900. (2) "Director" means the Executive Director of the Oregon Watershed Enhancement Board or the Executive Director’s designee. (3) "Grant Agreement" is the legally binding contract between the Board and the grant recipient. It consists of the conditions specified in these rules, the notice of grant award, special conditions to the agreement, a certification to comply with applicable state and federal regulations, the project budget, and the approved application for funding the project. (4) "Technical Review Team" is a team of designated persons with interdisciplinary expertise drawn from agencies represented on the Board and other entities to evaluate grant applications based on evaluation criteria. (5) "Partners" are non-governmental or governmental persons or entities that have committed funding, expertise, materials, labor, or other assistance to a proposed project. (6) "Match" is any contribution to a project that is non-Board funds. Match may include: (a) Cash on hand or cash that is pledged to be on hand prior to commencement of the project; (b) Secured funding commitments from other sources; (c) Pending commitments of funding from other sources. In such instances, Board funding will not be released prior to secured commitment of the other funds; or (d) The value of in-kind labor, equipment rental and materials essential to the project, based on local market rates. (7) "OWEB" means the Oregon Watershed Enhancement Board state agency. (8) " Carbon Sequestration" means the process of capturing and storing atmospheric carbon dioxide. (9) "Carbon Storage" means the storage of carbon in plants, soils, geological formations, and the ocean. (10) "Durable adaptation and resilience for ecosystems" means the extent to which a project is expected to help an ecosystem, including human communities, adjust to, respond to, or recover from the effects of a changing climate. (11) "Local Communities Disproportionately Impacted by Climate Change" includes communities such as Native American tribes, communities of color, rural communities, coastal communities, communities experiencing lower incomes, and other communities traditionally underrepresented in public processes, including seniors, youth, and persons with disabilities. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 2-2023, amend filed 07/27/2023, effective 08/01/2023 OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-005-0030 Application Requirements (1) Applications must be submitted on the most current format prescribed by OWEB. An explanation must accompany the application if any of the information required on the application cannot be provided. (2) All applicants shall demonstrate a matching contribution is being sought at the time of application, based on the total Board grant request. Match requirements will be included in the announcement for each grant offering. Match requirements shall not exceed 25% of the application request. (3) All applications that involve physical changes or monitoring on private land must include certification from the applicant that the applicant has informed all landowners involved of the existence of the application and has also advised all landowners that all monitoring information obtained on their property and submitted to OWEB is a public record. If contact with all landowners was not possible at the time of application, explain why. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 1-2017, f. & cert. ef. 5-2-17 OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-005-0040 Application Processing (1) Project applications will be reviewed based on application completeness and the evaluation criteria adopted by the Board for each grant type in these rules. (2) A grant applicant may be any tribe, watershed council, soil and water conservation district, not-for-profit corporation, school, Oregon institution of higher education, independent not-for-profit institution of higher education, or political subdivision of this state that is not a state agency. A state agency or federal agency may partner with an eligible entity . (3) The Board and OWEB may use a technical review team to review grant applications and make recommendations to the staff or Board. (4) Applications will be considered final as submitted. Clarification of information may be sought by OWEB from the applicant during the evaluation process, but additional, new information not requested by OWEB will not be accepted after the application deadline. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 1-2017, f. & cert. ef. 5-2-17 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-005-0045 Climate-Related Evaluation Criteria In addition to the evaluation criteria for Restoration Grants (OAR 695-010-0060), Stakeholder Engagement Grants (OAR 695-015-0070), Monitoring Grants (OAR 695-025-0140), Technical Assistance Grants (OAR 695-030-0045), Outcome-Based Watershed Council Operating Capacity Grants (OAR 695-040-0110), Land Acquisition Grants (OAR 695-045-0180), Water Acquisition Grants (OAR 695-046-0196), and Focused Investment Partnership (OAR 695-047-0060), grant applications shall also be evaluated, whenever possible, on: (1) How engagement with, and input from, local communities disproportionately impacted by climate change has informed or will inform the project. (2) How changing climate conditions are incorporated into the project and how the project will contribute to durable adaptation and resilience for ecosystems, including human communities. (3) How consideration of greenhouse gas emissions or long-term carbon sequestration or storage has informed the project. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 2-2023, adopt filed 07/27/2023, effective 08/01/2023
695-005-0050 Grant Agreement Conditions (1) OWEB will enter into new agreements with prior Grantees only if all reporting obligations under earlier agreements have been met. (2) If the grant agreement has not been fully executed by all the parties within one year of Board or Director approval, funding shall be terminated. The money allocated to the grant shall be available for reallocation by the Board or Director. (3) The Director shall establish grant agreement conditions for each grant type. Grantees shall comply with all grant agreement conditions. (4) The Grantee shall comply with all federal, state and local laws and ordinances applicable to the work to be done under the agreement. (5) All project activities must demonstrate, to the extent possible, consistency with local community workforce and economic development plans and policies. (6) Following project completion, equipment purchased with Board funds shall reside with the Grantee or another approved entity. These entities will make the equipment available to others at no cost, other than nominal operation and maintenance costs. (7) Upon notice to the Grantee in writing, the Director 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 Board. (8) The Grantee will account for funds distributed by the Board, using project expense forms provided. (9) The Grantee will obtain the necessary permits and licenses from local, state or federal agencies or governing bodies and provide to OWEB satisfactory evidence that the necessary permits or licenses have been granted. (10) OWEB may place additional conditions in the Grant Agreement as necessary to carry out the purpose of the watershed enhancement program. Such conditions include, but are not limited to: (a) A commitment by the landowner for continued access for monitoring the project after completion, not to exceed five years following OWEB approval of a final project completion report; (b) A commitment by the Grantee to maintain the project for a period of time as deemed for the project elements or goals, to be effective; (c) A commitment to supply future reports on the project as required; and (d) Such other conditions as OWEB deems appropriate to the particular circumstances of the project. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 1-2017, f. & cert. ef. 5-2-17 OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-005-0070 Waiver of Rules The Director may waive the requirements of Division 5, unless they are required by statute, for individual grants, when doing so will result in more efficient or effective implementation of the Board's grant program. Any waiver granted shall be in writing and included in the permanent file of the individual grant for which the waiver was granted. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-005-0080 Periodic Rules Review and Program Evaluation OWEB and the Board shall review the grant program and rules at least once every five years and make changes as needed to carry out a high quality and effective program. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2023, amend filed 02/03/2023, effective 02/03/2023 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-010-0010 Purpose The Board shall provide grants, as funds are available, for watershed projects that protect or restore watershed functions. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05