justicedao/ipfs_state_laws huggingface dataset:
698-010-0090 Evaluation Criteria Conservation Management Plan Grant applications will be evaluated on: (1) The significance of the agricultural, natural resource, and related social values of the working land subject to the Conservation Management Plan(s), including: (a) The potential viability of the property for agriculture, including but not limited to soil types, suitability for producing different types of crops, and water availability; (b) The land’s contribution to long-term conservation of the region’s agricultural land base; (c) The regional significance of the agricultural operation based on location, its associated infrastructure, and other relevant factors including supporting agricultural values important to the region; and (d) Supporting implementation of local, regional, state, federal or Tribal priorities and plans that support fish or wildlife habitat, water quality or other natural resource values. (2) The extent to which implementation of the plan(s) would protect, maintain, or enhance farming or ranching on working land, including how implementation of the plan(s) would: (a) Maintain or improve the economic viability of the operation; and (b) Reduce the potential for future conversion or fragmentation of the property and surrounding working land. (3) The extent to which implementation of the plan would protect, maintain, or enhance significant fish or wildlife habitat, water quality, or other natural resource values including: (a) Protecting, maintaining, or improving the quality and connectivity of plant or wildlife habitat on and around the working land; and (b) Utilizing land stewardship practices that maintain or enhance soil health. (4) The extent to which the Conservation Management Plan would protect agricultural outcomes or benefits that have resulted from other related investments. (5) The capacity and competence of the prospective Conservation Management Plan holder to enter into and (if implementation funding is awarded) monitor and carry out implementation of a Conservation Management Plan, including: (a) The financial capability to manage the plan(s) over time; and (b) The demonstrated relevant commitment, expertise, and track record to successfully develop, implement, carry out, and monitor plan(s). (6) The extent to which the benefit to the state may be maximized, based on: (a) The ability to leverage grant moneys from other funding sources; and (b) The duration and extent of the Conservation Management Plan. (7) The extent and nature of the plan impacts on owners or operators of neighboring lands. (8) The extent to which the project will benefit the local area, as evidenced by engagement with and support from the local community and Tribes. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 3-2025, minor correction filed 04/07/2025, effective 04/07/2025 OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-010-0100 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 Conservation Management Plans. (2) Applications shall be evaluated according to criteria described in OAR 698-010-0090 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 ranking system shall provide for the ranking of Conservation Management Plans alone and not as part of an application that includes a Working Land Conservation Covenant or Working Land Conservation Easement. (5) 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. (6) The Commission shall make funding recommendations to the Board based on the availability of funding from the Oregon Agricultural Heritage Fund. (7) The Board awards Conservation Management Plan Grants. The Board may fund a grant application in whole or in part. 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
698-010-0110 Grant Agreement Conditions (1) All Conservation Management Plan Grant Agreements for Conservation Management Plan development 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 amendments are submitted and approved by the Director prior to the beginning of any work proposed in the amendment. (3) The Director will consider project amendments, 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. (4) All changes to the Conservation Management Plan must be reflected in writing and provided to the Commission. 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
698-010-0120 Conservation Management Plan Mutual Modification If funding is provided for Conservation Management Plan implementation: (1) The Conservation Management Plan holder and the Agricultural Landowner or Operator must review the Conservation Management Plan at least annually and may request to mutually modify the Conservation Management Plan if necessary. (2) Any changes to Conservation Management Plans must achieve the same or greater level of benefits as the original plan and be consistent with OAR 698-010-0090. (3) Any change in the Conservation Management Plan must be mutually agreed to by both the Agricultural Landowner or Operator, the Conservation Management Plan holder, and 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
698-010-0130 Conservation Management Plan Monitoring If funding is provided for Conservation Management Plan implementation: (1) The Conservation Management Plan Holder must conduct at least one site visit to the property every year, to document the implementation of the Conservation Management Plan. (2) OWEB or its designees may conduct monitoring to ensure Conservation Management Plan implementation as described in the plan and associated reporting. The Agricultural Landowner or Operator shall allow site access to OWEB, or their contractors or representatives upon reasonable notification by OWEB. (3) The Commission may also provide guidance to OWEB for the development of monitoring protocols to evaluate the outcomes of Conservation Management Plan implementation on a programmatic level. 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
698-010-0140 Grant Reporting Requirements (1) For grants that include funding for Conservation Management Plan implementation: (a) At least once per year, the Conservation Management Plan holder must meet with the Agricultural Landowner or Operator and provide OWEB with a written report of the Conservation Management Plan activities completed that year on a form approved by OWEB. OWEB may require reports include photo points or other methods that appropriately track plan implementation. (b) Annual reporting must identify any mutual modifications to the Conservation Management Plan. (c) Reports must be submitted to OWEB on a date set by OWEB. (2) Upon development of a Conservation Management Plan or completion of Conservation Management Plan implementation, the grantee will provide OWEB with a copy of the project completion report. (3) Upon receipt of the final report, OWEB shall approve the completed report or notify the grantee of any concerns that must be addressed or missing information that must be submitted before the report is considered complete and reviewed for approval. Once the final report has been approved, the final payment shall be promptly processed. 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
698-010-0150 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 10 unless required by statute, when doing so will result in more efficient or effective implementation of the Conservation Management Plan Grant Program. Any waiver must be in writing, included in the grant file to which the waiver applies, and reported to the Commission at the next meeting. The administrative rules for Conservation Management Planning 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
698-015-0010 Purpose (1) This Division supplements the Oregon Agricultural Heritage Program Administration rules under OAR 698-005 and provides specific requirements for the Working Land Conservation Covenants and Easements Grant Program. (2) A Working Land Conservation Covenant or Working Land Conservation Easement must ensure the continued use of the land for agricultural purposes while maintaining or enhancing fish or wildlife habitat, improving water quality or supporting other natural resource values on the land . 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
698-015-0020 Definitions (1) “Project” means the aggregate of eligible activities included in sections 698-015-0060 and 698-015-0070 that comprise an application. (2) “Stewardship” means the management of the Working Land Conservation Covenant or Working Land Conservation Easement after its acquisition, including: monitoring, recordkeeping, processing amendments and landowner correspondence, managing stewardship funds, resolution of violations, enforcement actions, and defense. (3) “Stewardship Fund” means a fund that is used to cover the holder’s long-term costs for stewardship of the Working Land Conservation Covenant or Working Land Conservation Easement. If the funding source allows investment of Stewardship Funds, funds may be used for investment management costs. 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
698-015-0030 Eligible Applicants Eligible applicants for Working Land Conservation Covenant and Easement Grants are holders as defined in ORS 271.715 other than state agencies. Individual owners of working land are not eligible to apply for a Working Land Conservation Covenant and Easement Grant. Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0040 Eligible Properties Eligible properties for Working Land Conservation Covenant and Easement Grants are working lands as defined in ORS 541.977(2). Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0050 Application Requirements (1) In accordance with ORS 541.977(3) and (4), OWEB may consider Working Land Conservation Covenant and Easement Grant applications to acquire a nonpossessory interest in working land for a permanent or fixed term that imposes limitations or affirmative obligations. (2) Working Land Conservation Covenant and Easement Grant applications shall: (a) Be consistent with OAR 698-005; (b) Be submitted on the most current format that conforms with the process prescribed by OWEB. (c) State the amount and type of match contribution; and (d) If the application is for a Working Land Conservation Covenant, include the duration of the covenant. (3) The Commission may consider proposals that are received for a Working Land Conservation Covenant or Working Land Conservation Easement that were acquired by the applicant after the previous application deadline. (4) Applications for grant funds that would apply to an OAHP Working Land Conservation Covenant or Working Land Conservation Easement Project with an open, active OAHP Working Land Conservation Covenant or Working Land Conservation Easement funded grant will not be considered. 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
698-015-0060 Matching Contributions (1) All applicants shall demonstrate that at least 25% match is being sought, based on the total OAHP grant request for a Working Land Conservation Covenant or Working Land Conservation Easement project. (2) The following funds and activities qualify as match: (a) In-kind contributions to activities listed under OAR 698-015-0070; (b) Funding commitments toward the Project made by others as a result of grant applicant efforts; (c) A donated portion of the sale of the Working Land Conservation Covenant or Working Land Conservation Easement; and (d) Funds deposited in a Stewardship Fund before the time that OWEB funds are released for acquisition of the Working Land Conservation Covenant or Working Land Conservation Easement. (3) The Director retains the discretion to determine whether specific proposed match contributions not specifically identified above can be recognized as qualifying match. Statutory/Other Authority: ORS 541.984, ORS 541.988 & ORS 541.989 Statutes/Other Implemented: ORS 541.977-541.989 History: OAHP 2-2025, minor correction filed 02/05/2025, effective 02/05/2025 OAHP 1-2025, amend filed 01/31/2025, effective 01/31/2025 OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019
698-015-0070 Use of Grant Funds Working Land Conservation Covenant and Easement Grant funds may be applied towards costs related to purchasing, implementing, holding, monitoring, stewarding, or enforcing the Working Land Conservation Covenant or Working Land Conservation Easement, including: (1) The purchase price and the purchase option fees associated with the Working Land Conservation Covenant or Working Land Conservation Easement. The purchase price for a Working Land Conservation Covenant or Working Land Conservation Easement 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 by other funding sources or the Internal Revenue Service, the Uniform Appraisal Standards for Federal Land Acquisitions. (2) The interest on bridge loans needed to secure closure on the Working Land Conservation Covenant or Working Land Conservation Easement prior to when funding will be available for distribution through the program; (3) The staff costs incurred as part of the Working Land Conservation Covenant or Working Land Conservation Easement acquisition process related to the property; (4) The cost of due diligence activities, including appraisal, environmental site assessment, survey, title review, and other customary due diligence activities; (5) The cost of baseline inventory preparation; (6) The legal fees incurred by the grantee related to the proposed transaction; (7) The closing fees, including recording and title insurance costs; and (8) Up to 50% match for stewardship funding necessary for stewardship of the Working Land Conservation Covenant or Working Land Conservation Easement, but program funds contributed to a Stewardship Fund may not exceed 5% of the total appraised value of the Working Land Conservation Covenant or Working Land Conservation 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
698-015-0080 Terms of Covenants and Easements (1) A Working Land Conservation Easement shall last in perpetuity. (2) A Working Land Conservation Covenant shall last for a term of no less than twenty and no more than fifty years. (3) The Working Land Conservation Covenant term shall be set at 12-month increments only and not partial years. (4) The first day of the term of a Working Land Conservation Covenant shall be the date that both of these events have occurred: (a) The Working Land Conservation Covenant holder and the owner of working land conveying the covenant sign the agreement; and (b) The owner of Working Land has received Working Land Conservation Covenant and Easement Grant funding from this program for the Working Land Conservation Covenant. 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
698-015-0100 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 or Working Land Conservation Easements. To fulfill this responsibility, the Commission shall coordinate with OWEB on Technical Committee appointments. (2) Applications shall be evaluated according to criteria described in OAR 698-015-0090 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 Working Land Conservation Covenant and Easement Grants. The Board may fund a grant application in whole or in part. 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
698-015-0110 Board Approval and Delegation of Authority (1) The Commission shall recommend, and the Board shall approve grants in accordance with this OAR Chapter 698, Division 15. (2) The Director is delegated the responsibility of ensuring that funding conditions required by the Board are fully satisfied by the grantee. (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 for purposes of the OAHP if all conditions required by the Board are not satisfied within 24 months of the conditional Board approval, unless recommended by the Commission and approved by the OWEB Board. 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
698-015-0120 Public Involvement The public shall be provided with meaningful opportunities to comment on grant applications being considered by the Board or Commission. In a manner consistent with this requirement, the governing bodies of cities and counties with jurisdiction in the area of the proposed Working Land Conservation Covenant or Working Land Conservation Easement acquisition, as well as affected governmental agencies and Tribes, will be provided with written notice of the Board’s or Commission’s intent to consider: (1) Written comments received prior to the Board or Commission meeting at which the Board or Commission will consider the application; (2) Comments made at public hearings held and noticed in accordance with ORS 271.735; and (3) Comments made at the Board or Commission meeting at which the grant application is considered. 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
698-015-0130 Director Funding Approval and Distribution of Funds (1) The Director may approve the distribution of grant funds. Funds may be distributed throughout the time between approval by the Board and the Working Land Conservation Covenant or Working Land Conservation Easement closing when the following conditions are met: (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 Working Land Conservation Covenant or Working Land Conservation Easement deed is approved by the Director; (d) The Director has reconciled conditionally approved funding with actual project costs; (e) The grantee has satisfied the match requirements under OAR 698-015-0060; (f) The Board is notified in writing if the Director intends to hold or recover the grant funds, pending Board consideration under OAR 698-015-0140(1). (2) For grants established under these rules, the Director is authorized to reimburse the grantee for allowable costs identified in OAR 698-015-0070 and to recognize match contributions under OAR 698-015-0060 that were incurred no earlier than 18 months before the applicable grant application deadline. (3) Notwithstanding OAR 698-015-0130(1)(a)-(f), funds may be distributed prior the full satisfaction of all funding conditions and the transaction closing for due diligence activities specified in OAR 698-015-0070(4) and included in the application budget. 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