justicedao/ipfs_state_laws huggingface dataset:
698-015-0140 Compliance and Enforcement (1) The ongoing use of the property encumbered by a Working Land Conservation Covenant or Working Land Conservation Easement that received funding from the Working Land Conservation Covenant and Easement Grant Program shall be consistent with the purposes specified in ORS 541.977-ORS 541.989. If significant compliance issues cannot be resolved to the full satisfaction of the Director, the Director, after informing the Commission and the Board and providing reasonable written notice to the Grantee, may in their discretion initiate any and all legal remedies available to OWEB, including recovery of the OAHP grant funds that were used to purchase the covenant or easement, and reasonable interest and penalties at the option of the Director. (2) OWEB and its designees will be provided sufficient legal access to property encumbered by a Working Land Conservation Covenant or Working Land Conservation Easement acquired with OAHP funds, given reasonable notice, for the purpose of completing Working Land Conservation Covenant or Working Land Conservation Easement inspections. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0150 Grant Reporting Requirements for Working Land Conservation Covenants Upon completion of the term of a Working Land Conservation Covenant, the Grantee will provide OWEB with a copy of the project completion report in the manner prescribed by OWEB. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0160 Payment Relationship Between Covenants and Easements If a Working Land Conservation Covenant is funded through the OAHP and a later application is submitted to the Commission for the same property for a Working Land Conservation Easement: (1) If the term of the covenant has not expired, the fair market value of the easement will be reduced by a proportion equivalent to the time remaining on the covenant. (2) If the term of the covenant has expired, no reduction of fair market value will be taken for the subsequent easement. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0170 Subsequent Conveyances If a covenant or easement acquired with OAHP funds is subsequently transferred, it must: (1) Be made subject to prior approval by the Commission and the Board; and (2) Strictly comply with the requirements of ORS 541.977–ORS 541.989 and OAR 698-015. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0180 Waiver and Periodic Review of Rules The Director may waive the requirements of OAR Chapter 698, Division 15 unless required by statute, when doing so will result in more efficient or effective implementation of the Working Land Conservation Covenant and Easement Grant. Any waiver must be in writing, included in the grant file to which the waiver applies, and reported to the Commission by the next meeting. The administrative rules for Working Land Conservation Covenant and Easement Grants shall be periodically reviewed by the Commission, Board, and OWEB and revised as necessary and appropriate. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0010 Purpose (1) This Division supplements the Oregon Agricultural Heritage Program Administration rules under OAR 698-005 and provides specific requirements for the Working Land Technical Assistance Grant Program. (2) The purpose of Technical Assistance Grants is to provide technical assistance grants to eligible entities included in 698-020-0030 to promote, encourage or support development of Conservation Management Plans, or acquisition of Working Land Conservation Covenants or Working Land Conservation Easements. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0020 Definitions "Technical Assistance" means supporting the development of working land projects or programs as described in ORS 541-981 and Division 10 (Conservation Management Plans) and ORS 541-982 and Division 15 (Working Land Conservation Covenants and Easements). Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0030 Eligible Applicants (1) Eligible applicants for Technical Assistance Grants are entities that are eligible to enter into agreements resulting in a Conservation Management Plan under Division 10 or acquire a Working Land Conservation Covenant or Easement under Division 15. (2) Individual Agricultural Landowners or Operators are not eligible to apply for a Technical Assistance Grant. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0050 Technical Assistance Activities (1) Technical Assistance Grant funding cannot be used to fund specific Conservation Management Plans, Working Land Conservation Covenants, or Working Land Conservation Easements. (2) The Commission will only consider Technical Assistance projects that will lead to or are likely to lead to the development of Conservation Management Plans, Working Land Conservation Covenants, or Working Land Conservation Easements. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0060 Evaluation Criteria Working Land Technical Assistance Grant applications will be evaluated on: (1) The extent to which the proposed project will improve upon the ability of the entity or its partners to enter into Conservation Management Plans or acquire Working Land Conservation Covenants or Easements. (2) The extent to which the outcomes of the Technical Assistance project would lead to activities that: (a) Protect, maintain, or enhance farming or ranching on Working Land; (b) Protect, maintain, or enhance significant fish or wildlife habitat, water quality, or other natural resource values; (c) Protect, maintain, or enhance significant agricultural outcomes, benefits, or other investment gains; a nd (d) Maximize the benefit to the state based on the ability to leverage grant moneys. (3) The extent to which the applicant demonstrates a plan to engage one or more underserved populations, including Young or Beginning Farmers or Ranchers, Socially Disadvantaged Farmers or Ranchers, Veteran Farmers or Ranchers, or Limited Resource Farmers or Ranchers. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0070 Technical Review and Funding Process (1) The Commission and OWEB shall jointly appoint one or more Technical Committees to evaluate and rank applications for grants for technical assistance. To fulfil this responsibility, the Commission shall coordinate with OWEB on Technical Committee appointments. (2) Applications shall be evaluated according to criteria described in OAR 698-020-0060 and 698-005-0045 (3) OWEB shall convene the Technical Committee(s) to evaluate and rank applications for grants. OWEB will provide Technical Committee rankings to the Commission, along with a funding recommendation. (4) The Commission shall review and consider the Technical Committee(s) rankings and the recommendations of OWEB staff and consult with the Board concerning grant applications. (5) The Commission shall make funding recommendations to the Board based on the availability of funding from the Oregon Agricultural Heritage Fund. (6) The Board awards Technical Assistance Grants. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0080 Grant Agreement Conditions (1) All Grant Agreements for technical assistance authorized by the Board shall have a clause that requires the retention of up to 10 percent of project funds until the final report, as required in the Grant Agreement, has been approved. Any unexpended project funds must be returned to the Commission. (2) The grantee must agree to complete the project as approved by the Board and within the timeframe specified in the Grant Agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification. (3) The Director may consider project modifications, including expansion of funded projects with moneys remaining from the original project allocation, if the purpose and intent of the amendment remains the same as the original project and the proposed activity is within the same geographic area. (4) The Director may authorize minor changes within the scope of the original project plan. (5) The grantee must submit a report at completion of the project in accordance with reporting requirements described in the Grant Agreement. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-020-0090 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 20 unless required by statute, when doing so will result in more efficient or effective implementation of the Technical Assistance Grant program. Any waiver must be in writing, included in the grant file to which the waiver applies, and reported to the Commission by the next meeting. The administrative rules for Technical Assistance Grants shall be periodically reviewed by the Commission, Board, and OWEB and revised as necessary and appropriate. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0010 Purpose (1) This Division supplements the Oregon Agricultural Heritage Program Administration rules under OAR 698-005 and provides specific requirements for the Succession Planning Grant Program. (2) The purpose of the Succession Planning Grant Program is to help ensure the continued use of Working Lands for agricultural purposes when the land changes ownership. The Oregon Agricultural Heritage Commission may provide funding recommendations to the Oregon Legislative Assembly, or recommendations for grant funding to the Oregon Watershed Enhancement Board, to provide training and support to agricultural landowners or operators or persons advising them regarding succession planning for the lands. Recommendations and grant funding must support the program purpose in OAR 698-005-0010. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0020 Definitions (1) “Agricultural Cooperative” means a cooperative corporation formed in accordance with the Oregon Cooperative Corporation Act for the benefit of agricultural landowners or operators. (2) “Succession Planning” means an ongoing process for ensuring the continuation and economic viability of a business over generations of owners or operators. It may include strategies to identify, develop, and empower the next generation of owners or operators, a plan to transfer business and family assets, and arrangements for each generation’s retirement and long-term care. Succession plans are fluid and may be reviewed and updated throughout the existence of the business. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0030 Applicant Eligibility (1) Eligible applicants for Succession Planning Grants are: (a) Public institutions of higher learning, (b) Nonprofit entities, (c) Political subdivisions of the state that are not state agencies, (d) Tribes, and (e) Agricultural Cooperatives. (2) Individual Agricultural Landowners or Operators and individual persons or business entities not listed above that are advising them are not eligible to apply for a Succession Planning Grant. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0040 Application Requirements Succession Planning Grant applications shall: (1) Not require match contributions; and (2) Comply with OAHP general grant application requirements in OAR 698-005. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0050 Eligible Activities The following activities benefiting agricultural landowners or operators in Oregon and the persons who advise them are eligible for Succession Planning Grants: (1) Education and outreach about the importance of Succession Planning and available resources; (2) Trainings on topics related to Succession Planning; (3) Development and distribution of educational materials and curriculum related to Succession Planning; and (4) Advising Agricultural Landowners or Operators on Succession Planning. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0060 Evaluation Criteria Succession Planning Grant applications will be evaluated on: (1) The extent to which the proposed project would help achieve the purpose of this grant program as identified in OAR 698-005-0010; (2) The capacity and competence of the applicant to deliver the proposed project; (3) The applicant’s relevant background and experience in delivering successful Succession Planning programs, including prior projects funded through this or other grant programs; (4) The cost-effectiveness of the proposed project; (5) The extent to which the proposed project reaches diverse audiences, including: producers of diverse commodities, Agricultural Landowners or Operators in diverse geographic locations in Oregon, Young or Beginning Farmers or Ranchers, Socially Disadvantaged Farmers or Ranchers, Veteran Farmer or Ranchers, Limited Resource Farmers or Ranchers, and participants in diverse stages of Succession Planning; and (6) The extent to which the project introduces participants to conservation tools as resources for Succession Planning. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0070 Technical Review and Funding Process (1) The Commission and OWEB shall jointly appoint one or more Technical Committees to evaluate and rank applications for grants for working land conservation covenants and easements. To fulfill this responsibility, the Commission shall coordinate with OWEB on Technical Committee appointments. (2) Applications shall be evaluated according to criteria in OAR 698-025-0060 and 698-005-0045 . (3) OWEB shall convene the Technical Committee(s) to evaluate and rank applications for grants. Those rankings will be provided to OWEB. OWEB will provide Technical Committee rankings to the Commission, along with a funding recommendation. (4) The Commission shall review and consider the Technical Committee(s) rankings and the recommendations of OWEB staff and consult with the Board concerning grant applications. (5) The Commission shall make funding recommendations to the Board based on the availability of funding from the Oregon Agricultural Heritage Fund. (6) The Board awards Succession Planning Grants. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0080 Grant Agreement Conditions (1) All Grant Agreements for succession planning authorized by the Board shall have a clause that requires the retention of up to 10 percent of project funds until the final report, as required in the Grant Agreement, has been approved. Any unexpended project funds must be returned to the Commission. (2) The grantee must agree to complete the project as approved by the Board and within the timeframe specified in the Grant Agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification. (3) The Director will consider project modifications, including expansion of funded projects with moneys remaining from the original project allocation, if the purpose and intent of the amendment remains the same as the original project. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0100 Grant Reporting Requirements (1) Upon project completion, the grantee will provide OWEB with a copy of the project completion report. (2) The project completion report shall demonstrate how the grantee’s funded project(s) demonstrated clear succession planning benefits to Oregon agricultural landowners or operators and their service providers. Evidence of this may include, but is not limited to: (a) The number of people who participated in the project; (b) The geographic, commodity, and other demographic indicators of participation in the project; (c) Documented improved understanding of Succession Planning by project participants; (d) Documented measurable changes in behavior of participants, including the percentage or number of agricultural landowners or operators who take the next step toward Succession Planning, complete a plan, and implement the plan; (e) Documented improved understanding by participants of tools to reduce conversion or prevent fragmentation of working land, and promote economic viability and ecological sustainability of agricultural operations; and (f) Other documentation of the project’s success in contributing to achieve the purpose of this grant program. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-025-0110 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 25 unless required by statute, when doing so will result in more efficient or effective implementation of the Succession Planning Grant Program. Any waiver must be in writing, included in the grant file to which the waiver applies, and reported to the Commission by the next meeting. The administrative rules for Succession Planning Grants shall be periodically reviewed by the Commission and revised as necessary and appropriate. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
705-001-0000 Notice of Proposed Rule (1) Before permanently adopting, amending or repealing any rule, the Oregon Education Investment Board shall give notice of the proposed adoption, amendment or repeal: (a) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule to be adopted; (b) By mailing or e-mailing, at least 28 days before the effective date of the rule, a copy of the notice to persons on the Board's mailing list established pursuant to ORS 183.335(8); (c) By mailing or e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective day of the rule; and, (d) By mailing or e-mailing a copy of the notice to persons, organizations and publications identified by the Board and established educational, student and parent organizations that have submitted mailing or e-mailing addresses to the Board. (2) Persons who wish to be placed on the Oregon Education Investment Board's mailing or e-mailing list may request in writing or by e-mail that the Board send to the person copies of its notice of proposed rulemaking. (3) The Board may update the mailing and e-mailing lists described in this rule annually by requesting persons to confirm that they wish to remain on the lists. If a person does not respond to a request for confirmation within 28 days of the date the Board sends the request, the Board will remove the person from the mailing and e-mailing lists. Any person removed from the mailing or e-mailing lists will be returned to the mailing or e-mailing list upon request, provided that the person provides a mailing address or e-mailing address to which notice may be sent. Statutory/Other Authority: ORS 183.335 & 183.341(4) Statutes/Other Implemented: ORS 183.335 History: OEIB 3-2012, f. & cert. ef. 9-20-12 OEIB 1-2012(Temp), f. & cert. ef. 3-28-12 thru 9-24-12
705-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Oregon Education Investment Board adopts the Attorney General's Model Rules of Procedure under the Administrative Procedure Act in effect on January 1, 2012. [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 Oregon Education Investment Board.] Statutory/Other Authority: ORS 183.341 Statutes/Other Implemented: ORS 183.341 History: OEIB 3-2012, f. & cert. ef. 9-20-12 OEIB 1-2012(Temp), f. & cert. ef. 3-28-12 thru 9-24-12