justicedao/ipfs_state_laws huggingface dataset:
695-035-0030 Small Grant Project Application (1) When reviewing applications, Team members will abide by the same conflict of interest standards that apply to Oregon’s public officials, as detailed in ORS 244.020. (2) Small Grant Project applications submitted to the Small Grant Team will include a completed application form provided by OWEB, and will use technical guidance from at least one of the sources listed below in this subsection. Small Grant Project applicants will cite in the application the practice code(s), or the page number and paragraph, for the technical guidance source listed. The Small Grant Team will verify the citation. If technical guidance and standards for a project are not available from one of these sources, the project is not eligible for funding under the Small Grant Program. (a) The Natural Resources Conservation Service (NRCS) Field Office Technical Guide, and local cost share list. (b) A Guide to Placing Large Wood in Streams (Oregon Department of Fish and Wildlife and Oregon Department of Forestry). (c) The Oregon Road/Stream Crossing Restoration Guide (Oregon Department of Forestry,). (d) Forest Practices Technical Note No. 4: Fish Passage Guidelines for New and Replacement Stream Crossing Structures (Oregon Department of Forestry). (e) Forest Practices Technical Note No. 5: Determining the 50-Year Peak Flow and Stream Crossing Structure Size for New and Replacement Crossings Structures (Oregon Department of Forestry). (f) The Nonpoint Source Pollution Control Guidebook for Local Government (Oregon Department of Environmental Quality and Oregon Department of Land Conservation and Development). (g) Urban Subwatershed Restoration Manual Series #4: Urban Stream Repair Practices (Center for Watershed Protection). (h) Tribal Natural Resource Plans or Water Plans on Tribal Trust Lands. (3) The application budget is the Small Grant applicant’s statement of how OWEB funds will be spent. Should the Small Grant Team approve the application for funding, the Grantee will only be able to bill OWEB for the line items appearing in the OWEB column in the application budget. Changes in line item amounts are permissible, with prior approval from OWEB. Grantees wishing to add new line items must also request prior permission from OWEB. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025 OWEB 3-2005, f. & cert. ef. 6-8-05 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-035-0070 Periodic Review and Evaluation of the Small Grant Program OWEB will review annual reports submitted by Small Grant Teams and evaluate the need for program improvements and administrative rule changes. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 2-2024, amend filed 10/29/2024, effective 07/01/2025 OWEB 3-2005, f. & cert. ef. 6-8-05 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-035-0080 Waiver of Rules The Director may waive the requirements of Division 35, 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 2-2024, amend filed 10/29/2024, effective 07/01/2025 OWEB 3-2008, f. 11-14-08, cert. ef. 1-1-09
695-040-0010 Purpose (1) To guide the Oregon Watershed Enhancement Board in accepting, reviewing for eligibility and merit, and considering for funding applications for Council Capacity Grants pursuant to ORS 541.918, 541.926(1)(e), 541.923, and 541.910. (2) To provide a grant program to help support the operations of watershed councils that engage people and communities in their watersheds to participate in the collaborative, voluntary restoration and protection of native fish or wildlife habitat, and natural watershed functions to improve water quality or stream flows. (3) To encourage the development of high-capacity local infrastructure and continuous improvement. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14 OWEB 3-2004, f. & cert. ef. 9-20-04
695-040-0020 Definitions (1) “OWEB” means the Oregon Watershed Enhancement Board state agency. (2) “Board” means the Oregon Watershed Enhancement Board created under ORS 541.900. (3) “Director” means the Executive Director of the Oregon Watershed Enhancement Board or the Executive Director’s designee. (4) “Watershed council” or “council,” pursuant to ORS 541.890(15), means a voluntary local organization, designated by a local government group convened by a county governing body, to address the goal of sustaining natural resources and conducting watershed protection, restoration and enhancement within a watershed as defined in 541.890(14). (5) “Council Action Plan” means a plan or set of plans adopted by a council or group of councils that identifies and prioritizes the ecological problems the council seeks to address, and the priority, voluntary restoration, enhancement, monitoring and/or community engagement activities the council will conduct to address those problems. (6) “Council Capacity Grant” means an OWEB grant awarded to a watershed council or group of watershed councils under the Outcome-Based Watershed Council Operating Capacity Grant Program on or after January 1, 2015. (7) “Watershed Council Support Grant” means an OWEB grant awarded to a watershed council or group of watershed councils prior to July 1, 2013, for the purpose of supporting the capacity of a council or group of councils to conduct the activities necessary for the watershed protection, enhancement, and restoration work of the council(s). (8) “Council’s governing body” means the group of people who have the responsibility to a) ensure that the council meets legal requirements, b) support successful achievement of the council’s goals, and c) create a structure, policies, and procedures that support good governance. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14 OWEB 3-2004, f. & cert. ef. 9-20-04 OWEB 2-2004, f. 4-6-04 cert. ef. 4-12-04
695-040-0090 Eligibility Determination (1) The eligibility of a watershed council or group of councils to submit an application for a Council Capacity Grant shall be determined in accordance with guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and Board meeting materials. (2) If a watershed council disagrees with the determination that it is not eligible to submit an application and wishes to appeal, the council shall appeal to OWEB’s Director in accordance with the appeal process contained in the guidance adopted by the Board. The Director shall make the final decision on all eligibility appeals. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-040-0100 Application Requirements Council Capacity Grant applications shall be submitted on the most current form that conforms to the requirements and process set forth in guidance and periodically reviewed by the Board and made available to the public on the OWEB website and Board meeting materials. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-040-0110 Merit Evaluation (1) Applications shall be evaluated in accordance with the guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and in Board meeting materials. (2) Through its merit evaluation, OWEB seeks to: (a) Ensure strategic and accountable investment of public funds; (b) Encourage continuous improvement in watershed councils’ organizational management, operating structure, and functions, and the planning and implementation of on-the-ground watershed protection, restoration, enhancement, and community engagement activities; and (c) Ensure watershed councils are working toward strengthening their role in watersheds through activities focusing on council resilience, leadership, collaboration, and representing a balance of interested and affected persons within the watershed as required by ORS 541.910(2). (3) Merit evaluation shall include reviews for: (a) Prior performance; (b) Progress in accomplishing council work plans that is demonstrated over time; and (c) Demonstration of progress toward the objectives described in section 2 above, as set forth in guidance adopted by the Board. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-040-0120 Board Action on Eligible Applications (1) The Board may fund grants to watershed councils or a group of councils. (2) The Board shall take action on eligible applications for Council Capacity Grants in accordance with guidance adopted by the Board and made available to the public on the OWEB website and in Board meeting materials. (3) Individual Council Capacity Grant funding levels are within the Board’s discretion based on consideration of: (a) A watershed council's merit evaluation; (b) The Board’s determination, if any, under 695-040-0120(3)(d); and (c) Available funding. (d) Notwithstanding subsections (a), (b) and (c), the Board may award an individual Council Capacity Grant for a larger geographic area when the Board determines that such action will likely increase collaboration and resource sharing, inter-watershed coordination, and will likely foster organizational resilience and watershed restoration outcomes at a larger landscape scale. The Board’s determination shall be made in accordance with guidance adopted and periodically reviewed by the Board and made available to the public on the OWEB website and in Board meeting materials. Such an award by the Board may include a reduction in the number of individual Council Capacity Grants within the larger geographic area and a reduction in funding levels for individual watershed councils within the larger geographic area. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-040-0130 Use of Funds A Council Capacity Grant provides funding for operations of a watershed council or group of councils. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-040-0140 Grant Agreement Conditions The Council Capacity grantee shall be required to: (1) Submit to OWEB an annual work plan update; (2) Submit an annual report to all local government entities that designated the council; and (3) Obtain appropriate levels of insurance coverage commensurate with council activities. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-040-0150 Waiver of Rules The Director may waive any requirements of Division 40 for individual grant applications, not including mandatory statutory requirements, when doing so will result in more efficient or effective implementation of the Outcome-Based Watershed Council Operating Capacity Grant Program. Any waiver granted shall be in writing and included in the permanent file of the grant for which the waiver was granted. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910 History: OWEB 1-2014, f. & cert. ef. 8-6-14
695-045-0010 Definitions (1) “Management Plan” is a description of the planned future management of a Property Interest that is consistent with guidance established by OWEB and includes, but is not limited to, actions such as species and habitat management practices, proposed restoration projects, Stewardship and monitoring, land uses, public access, and educational and research opportunities. (2) “Profit” means a positive difference between the original purchase price for the Property Interest acquired with OWEB grant funds and a subsequent purchase price for the same Property Interest, minus the owner’s property improvement costs that, from an accounting or tax perspective, are capitalized and not expensed. (3) “Stewardship” means monitoring, maintaining, managing, and improving a Property Interest, including providing signage, controlling access, enforcing use restrictions and resolving violations. (4) “Stewardship Fund” means a restricted fund that is used to pay a Property Interest holder’s long-term costs for Stewardship of the Property Interest and taxes and insurance associated with that interest. If the source of the Stewardship Fund allows investment of the Stewardship Fund, the funds may be used for investment management costs. (5) “Conservation Easement” means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include protecting or restoring native fish or wildlife habitats. (6) “Land Acquisition Grants” mean funds awarded by OWEB to purchase Property Interests. (7) “Property Interest” means fee simple ownership or Conservation Easement. (8) “Project” means the aggregate of eligible activities included in OAR 695-045-0170 and 0175 that comprise an application and are specific to parcels of land, all of which are essential to the protection of a specific priority habitat at a local scale. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-30-13 OWEB 1-2005, f. & cert. ef. 2-1-05
695-045-0020 Purpose In accordance with Section 4(b)(2) of Article XV of the Oregon Constitution and ORS 541.956, OWEB may consider grant applications that propose to acquire Property Interests in lands from willing sellers for the purpose of maintaining or restoring watersheds and habitats for native fish or wildlife. This Chapter 695, Division 45 supplements the OWEB Grant Program rules under OAR Chapter 695, Division 5 and provides specific requirements for the OWEB land acquisition grant program. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-30-13 OWEB 1-2005, f. & cert. ef. 2-1-05
695-045-0165 Application and Subsequent Grant Processing and Agreement Requirements (1) Land acquisition grant applications must be submitted on the most current form that conforms with the process prescribed by the Board. (2) The Board may consider proposals that are received for properties that were acquired by the applicant after the previous application deadline. (3) In the event of any conflict between these requirements and requirements identified in OAR 695-005, the land acquisition requirements in this division will take precedence. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0170 Use of Grant Funds Land Acquisition Grants may be applied towards costs related to the purchase of a Property Interest, including: (1) The purchase price and the purchase option fees associated with the Property Interest. The purchase price shall be based on an appraisal and review appraisal completed in accordance with applicable appraisal standards, including the Uniform Standards of Professional Appraisal Practice, and if required, the Uniform Appraisal Standards for Federal Land Acquisitions; (2) The interest on bridge loans needed to secure closure on the Property Interest prior to when funding will be available for distribution through the program; (3) The staff costs incurred as part of the acquisition process related to the Property Interest; (4) The cost of due diligence activities, including appraisal, environmental site assessment, survey, title review, the applicant’s legal fees incurred, and other customary due diligence activities; (5) The cost of baseline inventory preparation; (6) The cost of preparation of the initial Management Plan, including consideration of any restoration needs; (7) The closing fees, including, but not limited to, recording and title insurance costs; or (8) The cost of securing and maintaining the conservation values associated with the Property Interest in accordance with the application or a Management Plan approved by the Director. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0175 Matching Contributions (1) All applicants shall demonstrate that at least 25% match is being sought, based on the total OWEB grant request for the Project. (2) Funds provided by OWEB shall not qualify as match. (3) The following costs and activities will qualify as match: (a) A contribution to any costs listed under OAR 695-045-0170, including in-kind contributions of those costs; (b) Funding commitments made by others as a result of grant applicant efforts; (c) The donated portion of a bargain sale; or (d) Stewardship funds, provided that documentation demonstrates that the fund is dedicated to the Project. (4) The Director retains the discretion to determine whether specific matching costs are reasonable in a particular grant context and will be recognized as qualifying matching costs. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0180 Application Evaluation Process OWEB shall evaluate grant applications for: (1) The consistency of the Project with the Board’s established priorities and principles and conservation priorities established in local, regional, or state conservation plans for land acquisitions; (2) The significance of the projected ecological outcomes; (3) The capacity of the grant applicant, or intended property manager, to complete the acquisition of the Property Interest and to achieve and sustain the proposed ecological outcomes over time; (4) The soundness of the legal and financial terms of the proposed real estate transaction; (5) The community impacts or benefits resulting from the Project; and (6) Any other factors the Board determines are relevant. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0185 Board Approval and Delegation of Authority The Board shall approve grants in accordance with this OAR Chapter 695, Division 45. The Director is delegated the responsibility of ensuring that funding conditions required by the Board are fully satisfied by the grant applicant. Except for disbursements authorized in OAR 695-045-0195(3), conditionally approved grant funds shall be encumbered for disbursement only after all conditions are fulfilled. The encumbered funds may be made available for other uses by OWEB if all conditions required by the Board, except for site stabilization and Management Plan activities, are not satisfied within 18 months of the conditional Board approval. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0190 Public Involvement The public shall be provided with meaningful opportunities to comment on grant applications being considered by the Board. In a manner consistent with this requirement, the governing bodies of cities and counties with jurisdiction in the area of the proposed acquisition, as well as affected governmental agencies, will be provided with written notice of the Board’s intent to consider: (1) Written comments received at least 14 days before the Board meeting at which the application is to be considered by the Board, (2) Comments made at public hearings held and publicized in accordance with ORS 271.735; and (3) Comments made at the Board meeting at which the grant application is considered. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0195 Director Funding Approval and Distribution of Funds (1) The Director may approve the distribution of grant funds when: (a) The funding conditions, if any, imposed by the Board are satisfied to the full satisfaction of the Director; (b) The legal and financial terms of the proposed real estate transaction are approved by the Director; (c) The title restrictions required under ORS 541.960 are approved by the Director; (d) A grant agreement is executed by the Director and the grant applicant; (e) The Director has reconciled conditionally approved funding with actual Project costs; and (f) The grant applicant has satisfied the match requirements under OAR 695-045-0175 and OAR 695-005-0060(2). (2) For grants established under these rules the Director is authorized to reimburse the grant applicant for allowable costs identified in OAR 695-045-0170 and to recognize matching contributions under OAR 695-045-0175 that were incurred no earlier than 18 months before the applicable grant application deadline. (3) Notwithstanding OAR 695-045-0195(1)(a), funds may be distributed prior to transaction closing for due diligence activities specified in OAR 695-045-0170(4) and included in the application budget. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0200 Funding Decision Reconsideration by Board In the event that the Director determines an applicant has not met conditions imposed by the Board, the Director shall forward the determination in writing to the Board for its consideration. The applicant will be provided a copy of the written determination. The conditionally encumbered grant funds will remain encumbered until the Board either affirms the Director’s determination or authorizes the continued encumbrance of all or part of the funds in accordance with a modified decision of the Board. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0205 Compliance and Enforcement The ongoing use of the Property Interest acquired with OWEB Land Acquisition Grant funds shall be consistent with the purposes specified in section 4(b) Article XV of the Oregon Constitution. OWEB may initiate any and all legal remedies available to OWEB to address compliance issues, including but not limited to recovery of the OWEB grant funds that were used to purchase the Property Interest, together with interest at the highest rate allowed under Oregon law, and other penalties at the option of the Director. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.932(9) History: OWEB 1-2019, amend filed 04/29/2019, effective 05/01/2019 OWEB 1-2013, f. & cert. ef. 1-31-13
695-045-0206 Access OWEB, its contractors and cooperating agencies will be provided legal and sufficient access to Property Interest acquired with OWEB grant funds, for the purpose of monitoring and enforcing OWEB’s Conservation Easement rights and completing inspections and evaluations required under ORS 541.906(2)(c)(A). Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.906 & ORS 541.932(9) History: OWEB 1-2019, adopt filed 04/29/2019, effective 05/01/2019