justicedao/ipfs_state_laws huggingface dataset:
695-010-0020 Definitions (1) "Affected City and County" means any city or county within which all or part of a watershed enhancement project funded by the Board would be located. (2) "Maintenance" means those activities and actions necessary to sustain the useful life of a constructed watershed improvement. Maintenance does not include those activities necessary to establish the improvement. (3) "Watershed Restoration Project" means a project that involves an on-the-ground element such as: riparian planting, fish habitat construction, wetland restoration, livestock grazing plans, water conservation projects utilizing the state Conserved Water Program, etc. (4) "Watershed Function" means the hydrologic and geomorphic processes that support a healthy watershed ecosystem. (5) "Watershed Health" means the condition of a watershed as measured by the ability of the watershed to capture, store and release water, and transport sediment and nutrients in order to provide clean water, high quality fish and wildlife habitat, and adequate streamflows to support instream uses. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2017, f. & cert. ef. 5-2-17 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-010-0030 Watershed Restoration Priorities For grant applications to be funded by the Watershed Conservation Grant Fund, the following preferences will apply: (1) Projects that address altered watershed functions affecting water quality, water flow volume and duration, and the production capacity for fish over projects that address site-specific land use problems where the greatest benefit is to a private resource or land. (2) Projects that include removal or remediation of human-caused alterations (roads, culverts, channelization, etc.) to improve water quality and/or fish habitat over projects that enhance naturally functioning systems. (3) Projects that change land management practices to address the causes of chronic disturbances to the watershed over projects that address only symptoms of disturbance. (4) Projects with direct evidence of collaboration between stakeholders and agencies over single-party projects. (5) Projects focusing on upslope and upstream treatments over projects focusing on downslope and downstream treatments, unless the project addresses tidal-driven systems or addresses other specific issues (e.g. historic losses) that encompass whole watershed conditions. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2011, f. & cert. ef. 10-18-11 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-010-0040 Ineligible Project Types The Board will not consider: (1) A watershed improvement project that consists solely of construction of a water storage structure for an out-of-stream use not related to watershed restoration or protection; or (2) A fish screening project eligible for funding through the Oregon Department of Fish and Wildlife’s fish screening program; or (3) A watershed improvement project constructed solely to comply with a state or federal agency enforcement order, legal judgment or mitigation requirement; or (4) Routine project maintenance costs; or (5) A water conservation project, unless there is a measurable instream flow benefit, groundwater benefit or water quality improvement. 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
695-010-0050 Application Requirements Applications must be submitted on the most current form prescribed by the Board. An explanation must accompany the application if any of the following information required under this section cannot be provided: (1) Land use information from affected counties and cities as referenced in OAR chapter 695, division 50; (2) A statement that required permits or licenses from federal, state, or local government will be applied for; (3) A commitment from a state, federal or local agency to inspect the completed project work to ensure it complies with the funding requirements; (4) A plan to monitor and evaluate project results including identification of responsible parties; (5) A plan for operation and maintenance of the project for the projected life including identification of the responsible parties; and (6) Additional information that will aid the Board in evaluating the project under OAR 695-010-0060. 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
695-010-0060 Evaluation Criteria (1) Project applications will be reviewed for compliance with the items in OAR 695-005-0030 and 695-010-0050. (2) Watershed restoration projects funded from the Watershed Conservation Grant Fund must provide a public benefit by supporting improved: (a) Water quality; (b) Native fish or wildlife habitat; or (c) Watershed or ecosystem function. (3) Watershed restoration project proposals must meet the following criteria to be considered for funding by the Board: (a) The project demonstrates sound principles of watershed management; (b) The project uses methods adapted to the project locale; (c) The project complies with state land use planning goals and is compatible with acknowledged comprehensive plans as required under ORS 197.180; and (d) The project follows professionally accepted restoration approaches resulting in ecological or watershed benefits. (4) Watershed restoration projects meeting the criteria established by subsection (1) above will be further evaluated based on: (a) Clarity; the proposal: (A) Will be implemented using a clearly defined and appropriate method to address the problem; (B) Has clearly stated objectives and is likely to meet these; and (C) Is ready to be implemented. (b) Technical soundness; the proposal: (A) Addresses limiting factors or watershed health problems by treating the causes rather than the symptoms; (B) Identifies and evaluates alternatives to address the identified problem; and (C) Quantifies watershed benefits. (c) Cost effectiveness; the proposal: (A) Provides an overall budget that reflects expected, and quantified, watershed health benefits; and (B) Reflects reasonable rates for direct costs and match. (d) Watershed context; the proposal: (A) Considers likely impacts to the site and adjacent properties during and after project implementation; (B) Addresses watershed function and ecosystem processes, including water quality and fish and wildlife life stages; (C) Implements a specific action within an explicit geography prioritized in a watershed restoration plan; (D)Fits within the context of past, current, and planned future restoration efforts in the watershed; and (E) Provides or promotes public awareness that may lead to opportunities for watershed restoration or enhancement. (e) Capacity; the applicant: (A) Engages appropriate partners; (B) Demonstrates successful long-term stewardship and maintenance is likely; and (C) Demonstrates a past grant record with timely project completeness, accounting, and reporting as well as whether past projects were completed as proposed, using information provided by Board staff. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890 - 541.969 History: OWEB 1-2017, f. & cert. ef. 5-2-17 OWEB 1-2011, f. & cert. ef. 10-18-11 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-010-0070 Regional Review Process (1) Prior to the regional review team meeting the regional review team: (a) Shall receive each application, past evaluations for projects resubmitted in the current grant cycle, and an evaluation sheet to complete for each application; (b) Is encouraged to visit proposed project sites to enhance the understanding of the proposal. Priority for visitations will be placed on acquisitions, complex projects, new types of projects and projects with a significant budget; and (c) Shall read and score each application using the evaluation sheets provided. During this process, team members are encouraged to contact the applicants, Board staff, or other agency staff to clarify information in the application or to get expert review. (2) At the regional review team meeting, the team shall: (a) Review and evaluate each project individually based on how well the proposed project meets the criteria in 695-010-0060; (b) Recommend the project as; (A) Do fund; (B) Do fund with conditions; (C) Do not fund; or (D) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and (c) Rank order all projects recommended for funding based on; (A) How well the project meets the criteria established in 695-010-0030 and 695-010-0060; (B) The certainty of success, based on the organizational capacity of the applicant and the likelihood the project will meet its ecological objectives; (C) The benefit to the Oregon Plan for Salmon and Watersheds, as evidenced by its expected benefits to watershed functions, fish habitat or water quality; and (D) The project costs relative to the anticipated watershed health benefits. (3) The project description, summary evaluation and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the regional review team to Board staff for their consideration. This information will be sent to all applicants within a region for their region and for all regions to the Board. 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
695-010-0080 Staff Funding Recommendation Process (1) Prior to the finalization of a staff recommendation to the Board, the staff may meet with a Board subcommittee to discuss projects with major policy or budget issues that need to be resolved prior to a final Board decision. (2) Staff shall review the recommendations from each regional review team and make a statewide funding recommendation to the Board based on available resources for the grant period and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the Regional Review Teams at least two weeks before the Board meeting where funding decisions are to be made. (3) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision. 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
695-010-0090 Board Funding Decision (1) The Board may fund a project in whole or in part. (2) Projects not funded may be resubmitted during application submission periods prescribed by the Board. 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
695-010-0100 Grant Agreement Conditions (1) The Grantee must submit a report at completion of the project describing the work done and placing it in its larger watershed context. (2) The Grantee will track the status of the project, and continue its maintenance, submitting periodic reports on a schedule set by the Board. All reports will be filed with the Board or at a location specified by the Board. (3) 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. (4) 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, the proposed activity is within the same watershed, and the modification would be compatible with acknowledged comprehensive plans. (5) The Director may authorize minor changes within the scope of the original project plan. (6) The Grantee will allow Board members or designated representatives access to the project area at a mutually agreeable time to monitor and evaluate the project. (7) The Grantee must submit as part of their final report a completed Oregon Watershed Restoration Reporting form, using the most current form available on the OWEB website. 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 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-010-0110 Waiver of Rules The Director may waive the requirements of division 10, 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 3-2008, f. 11-14-08, cert. ef. 1-1-09
695-015-0010 Purpose The Board shall provide outreach grants, as funds are available, for Engagement Projects that are necessary for carrying out eligible restoration and acquisition projects, or programs that lead to development of eligible projects, as required by ORS 541.956(4) and OR CONST Art. XV, §4b(2)(d). Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0020 Definitions “Engagement Project” means a project whose purpose is to communicate and engage with landowners, organizations, and the community about the need for, feasibility, and benefits of a specific eligible restoration or acquisition project or program that leads to development of eligible projects within an identified geography. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 2-2017, f. & cert. ef. 7-31-17 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-015-0040 Eligible and Ineligible Project Types (1) The Board will only consider projects that: (a) Are focused on a specific project site or sites, or that support resource assessment and planning that results in identification of a specific project site or sites; and (b) Will lead to eligible restoration or acquisition projects within a specific timeframe. (2) Projects whose primary purpose is education are not eligible. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0050 Application Requirements Applications must be submitted on the most current form prescribed by the Board. In accordance with Section 4(b)(2)(d) of Article XV of the Oregon Constitution and ORS 541.956(4), funds used for outreach activities are required to be necessary for carrying out eligible restoration or acquisition projects. These are described in OAR 695-010 and 695-045. Engagement applications must include the following: (1) The eligible project type, or program that leads to development of eligible project types, that the Engagement Project intends to develop. Eligible project types include: (a) Acquiring, from willing owners, interests in land or water that will protect or restore native fish or wildlife habitats; (b) Projects to protect or restore native fish or wildlife habitat; (c) Projects to protect or restore natural watershed or ecosystem functions in order to improve water quality or streamflow; or (d) Resource assessment or planning for the above project types. (2) A description of the direct connection the Engagement Project has with future restoration or acquisition projects or programs. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0070 Evaluation Criteria Engagement Projects will be evaluated on: (1) The degree to which applicants engage with the appropriate audiences in the appropriate geography; (2) The likely effectiveness of multi-directional communication among the applicant and audiences; (3) The proposed evidence base linking the Engagement Project and the resulting restoration or acquisition projects, or program that leads to development of eligible project types; (4) The timeliness of the resulting restoration or acquisition projects, or program that leads to development of eligible project types; (5) Cost effectiveness; (6) The qualifications and experience of applicant; and (7) The expected outcomes of the resulting restoration or acquisition project with respect to protecting or restoring fish or wildlife habitat, watershed function, and water quality or quantity. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 2-2017, f. & cert. ef. 7-31-17 OWEB 4-2004, f. 11-2-04, cert. ef. 2-1-05
695-015-0080 Technical Review Process (1) Prior to the technical review team meeting, the technical review team: (a) Shall receive each application, past evaluations for projects resubmitted in the current grant cycle, and an evaluation sheet to complete for each application; (b) Shall evaluate each application based on the information provided. During this process, team members are encouraged to contact the applicants, Board staff, or other agency staff to clarify information in the application or to get expert review. (2) At the technical review team meeting, the team shall: (a) Review and evaluate each project individually based on how well the proposed project meets the criteria in OAR 695-015-0070; (b) Recommend the project as: (A) Do fund; (B) Do fund with conditions; (C) Do not fund; or (D) Defer to staff or the Board with an explanation, if there is a policy issue or budget issue that needs to be addressed by the Board prior to a funding decision; and (c) Rank order all projects recommended for funding based on: (A) How well the project meets the criteria established in OAR 695-015-0070; and (B) The certainty of success of the Engagement Project, based on the organizational capacity of the applicant and the likelihood the project will meet its engagement objectives. (3) The project description, summary evaluation and funding recommendation for all projects, and the rank order of projects recommended for funding shall be forwarded from the regional review team to Board staff for their consideration. This information will be sent to all applicants within a region for their region and for all regions to the Board. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 4-2018, minor correction filed 08/24/2018, effective 08/24/2018 OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0090 Staff Funding Recommendation Process (1) Staff shall review the recommendations from each technical review team and make a statewide funding recommendation to the Board based on available resources for the grant period and type. The recommendation shall include any conditions placed on individual projects and may include proposed budget adjustments. The staff recommendation, as represented in the staff report to the Board, shall be sent to applicants and members of the technical review teams at least two weeks before the Board meeting where funding decisions are to be made. (2) Applicants may provide written or oral comment to the Board on the staff recommendation prior to the Board decision. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0100 Board Funding Decision (1) The Board may fund a project in whole or in part. (2) Projects not funded may be resubmitted during application submission periods prescribed by the Board. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0110 Grant Agreement Conditions (1) The Grantee must submit a report at completion of the project describing the work done and placing it in its larger watershed context. (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, the proposed activity is within the same geographic area, and the modification would be compatible with acknowledged comprehensive plans. (4) The Director may authorize minor changes within the scope of the original project plan. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2017, f. & cert. ef. 7-31-17
695-015-0120 Waiver and Periodic Review of Rules The Director may waive the requirements of Division 15 for individual grant applications unless required by statute, when doing so will result in more efficient or effective implementation of the Board’s engagement grant program. Any waiver must be in writing and included in the grant file to which the waiver applies. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.956 History: OWEB 2-2025, amend filed 01/30/2025, effective 01/30/2025 OWEB 2-2017, f. & cert. ef. 7-31-17
695-025-0080 Purpose In accordance with Section 4b.(2) of Article XV of the Oregon Constitution and ORS 541.956, OWEB may consider grant applications that propose monitoring activities necessary for carrying out projects that either protect or restore native fish or wildlife habitats, or protect or restore natural watershed or ecosystem functions in order to improve water quality or stream flows. This division supplements the OWEB Grant Program rules under OAR 695-005, and provides specific requirements for the OWEB monitoring grant program. In the event of any conflict between these requirements and requirements identified in OAR 695-005, the monitoring grants requirements in this division will take precedence. Statutory/Other Authority: ORS 541.906 Statutes/Other Implemented: ORS 541.890-541.969 History: OWEB 1-2020, adopt filed 04/22/2020, effective 05/01/2020