reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0060 - Conservation Management Plan Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Funding may be utilized to develop, implement, carry out or monitor
			 conservation management plans.
(2)
			 If there is a stream on the project:
(a) The
			 planning process must present the agricultural landowner or operator with
			 alternatives that address the local Agricultural Water Quality Management Area
			 Plan goals in place at the time of plan preparation.
(b) If the program pays for plan
			 implementation, the selected alternative must address the local Agricultural
			 Water Quality Management Area Plan goals at the time of plan
			 implementation.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0070 - Term of Payment for Conservation Management Plan Implementation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an agricultural landowner or operator
			 is reimbursed for the implementation of a conservation management plan, the
			 plan must be for a term of at least 20 years and no more than 50
			 years.
(2) If a plan is associated
			 with a working land conservation covenant that would also be funded by OAHP,
			 the term of the plan must be the same as the term of the covenant.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0080 - Conservation Management Plan Components

Current through Register Vol. 63, No. 7, July 1, 2024
At a minimum, conservation management plans must
				include:
(1) A summary describing how
			 the conservation management plan meets OAHP's purpose;
(2) The contact and location information for
			 the agricultural landowner or operator and conservation management plan
			 holder;
(3) Relevant background and
			 context of the working land and operation;
(4) Inventory, including site characteristics
			 and current management;
(5) Short-
			 and long-term social, economic, and conservation goals of the agricultural
			 landowner or operator;
(6) Resource
			 analysis and identification of resource and management concerns;
(7) Identification of potential plan
			 activities and a justification for the activities that were selected for
			 implementation;
(8) The
			 implementation plan, including a budget;
(9) If applicable, a maintenance plan for
			 infrastructure associated with the plan that may affect neighboring lands if
			 not maintained over time;
(10) The
			 expected agricultural, fish or wildlife, water quality or other natural
			 resource outcomes, and related social outcomes of the plan once
			 implemented;
(11) How the
			 conservation management plan will be evaluated and managed;
(12) A conflict resolution protocol for the
			 agricultural landowner or operator and the conservation management plan holder
			 if the grant program would fund the implementation of the plan; and
(13) The term of the plan.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0090 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
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).
(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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0100 - Technical Review and Funding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Technical review of Conservation Management Plan Grant applications shall occur
			 based on information provided in the grant application and technical review
			 team expertise about the area and the project. The Commission shall appoint one
			 or more technical committees to evaluate and rank applications for grants for
			 conservation management plans. Those rankings will be provided to the
			 commission to inform the commission's final ranking and funding recommendations
			 to the OWEB board.
(2) Applications
			 shall be evaluated according to criteria described in OAR
			 698-010-0090.
(3) 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
			 easement.
(4) The technical
			 committee(s) shall provide ranking recommendations to OWEB staff. OWEB staff
			 will review technical committee recommendations and provide funding
			 recommendations to the Commission.
(5) The Commission shall review and consider
			 the recommendations of the technical committee(s) 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 approves 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0110 - Grant Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grant funding
			 is subject to the signed statement of understanding and agreement by the
			 participating agricultural landowner(s) or operator(s) to the roles and
			 responsibilities under the conservation management plan.
(2) 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 program funds must be returned to the Commission.
(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 amendments are submitted and
			 approved by the Director prior to the beginning of any work proposed in the
			 amendment.
(4) 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.
(5) 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0120 - Conservation Management Plan Mutual Modification

Current through Register Vol. 63, No. 7, July 1, 2024
If funding is provided for conservation management plan
				implementation:
(1) Any changes to
			 conservation management plans must achieve the same or greater level of
			 benefits as the original plan, as evaluated by the criteria in OAR
			 698-010-0090.
(2) Conservation
			 management plans must include provisions that provide for flexibility and allow
			 for mutual modification as necessary to reflect changes in practices or
			 circumstances.
(3) Any change in the
			 conservation management plan must be mutually agreed to by both the
			 agricultural landowner or operator and the conservation management plan holder.
(4) To ensure consistent review of
			 all conservation management plans, the conservation management plan holder and
			 the agricultural landowner or operator must review the conservation management
			 plan at least annually and may mutually modify the conservation management plan
			 if necessary.
(5) The agricultural
			 landowner or operator must contact the conservation management plan holder
			 immediately if any of the following changes occur that will impact either
			 implementation of the conservation management plan or its expected outcomes:
(a) Changes in management or ownership of the
			 property;
(b) Changes in the grazing
			 or cropping system(s) not identified in the plan. For changes in grazing or
			 cropping systems, the landowner must notify the conservation management plan
			 holder in advance;
(c) A natural
			 disaster occurs that will impact implementation of the conservation management
			 plan; or
(d) Other changes that are
			 outside the agricultural landowner's or operator's control.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0130 - Conservation Management Plan Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
If funding is provided for conservation management plan
				implementation:
(1) Notwithstanding
			 (2), the conservation management plan holder must conduct at least one site
			 visit to the property every three years, or as prescribed by a match funder if
			 their interval for site visits is shorter than three years, to document the
			 implementation of the conservation management plan.
(2) The agricultural landowner or operator
			 and the conservation management plan holder may agree to establish specific
			 monitoring protocols and site visit intervals more frequent than once every
			 three years to identify trends in fish or wildlife habitat, water quality or
			 other natural resource values, and must establish protocols if a modification
			 of the conservation management plan results in specific monitoring or site
			 visit needs. Protocols must be in writing and agreed to by both the
			 agricultural landowner or operator and the conservation management plan holder.
			 The Commission may provide guidance for consistent monitoring
			 protocols.
(3) The Commission or its
			 designees may conduct spot checks to ensure management plan implementation as
			 identified in the plan and associated reporting. The agricultural landowner or
			 operator shall allow site access to the Commission, OWEB, or their contractors
			 or representatives upon reasonable notification by the Commission.
(4) The Commission may also develop
			 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0140 - Grant Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For grants that include funding for conservation management plan
			 implementation:
(a) At least once per year,
			 the agricultural landowner or operator must meet with the conservation
			 management plan holder and provide this holder with a written report of the
			 conservation management plan activities completed that year on a form approved
			 by the Commission. Reports may also 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 the
			 Commission on a date set by the Commission.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0150 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 010 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 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of a working land conservation covenant or easement
				is to preserve and protect the continued use of a working land for agricultural
				purposes, and maintain or enhance fish or wildlife habitat, water quality, or
				other natural resource values on the land.
Covenants and easements funded under this program:
(1) Must contribute to the public benefits in
			 OAR 698-005-0010; and
(2) Must
			 provide for carrying out a purpose of a conservation easement, as defined in
			 ORS 271.715.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Project" means the aggregate of eligible
			 activities included in sections 0060 and 0070 that comprise an
			 application.
(2) "Stewardship"
			 means monitoring, maintaining, managing, and improving land protected by an
			 easement or covenant, including providing signage, controlling access,
			 providing enforcement actions and resolving violations.
(3) "Stewardship fund" means a restricted
			 fund that is used to cover the holder's long-term costs for stewardship of the
			 land protected by the covenant or easement and payment of taxes and insurance
			 associated with that land. If the funding source allows investment of
			 stewardship funds, funds may be used for investment management costs.
			 Stewardship funds may not be used for overhead or indirect costs.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0030 - Eligible Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0040 - Eligible Properties

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0050 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(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 form and process prescribed by the Commission;
(c) State the amount and type of match
			 contribution; and
(d) If the
			 application is for a covenant, include the duration of the covenant.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0060 - Matching Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applicants shall demonstrate that at least 25% match is being sought, based on
			 the total OAHP grant request for the covenant or 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 made by others as a
			 result of grant applicant efforts;
(c) A donated portion of a sale;
			 and
(d) Funds deposited in a
			 stewardship fund before the time that OWEB funds are released for acquisition
			 of the covenant or easement.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0070 - Use of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Working Land Conservation Covenant and Easement Grant funds may
				be applied towards costs related to purchasing, implementing, holding,
				monitoring, stewarding, or enforcing the covenant or easement,
				including:
(1) The purchase price and
			 the purchase option fees associated with the working land conservation covenant
			 or easement:
(a) The purchase price for
			 easements 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.
(b) The purchase
			 price for covenants shall be based on an assessment of fair market value using
			 methodologies similar to those described in OAR 698-015-0070 (1)(a);
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0080 - Terms of Covenants and Easements

Current through Register Vol. 63, No. 7, July 1, 2024
(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 covenant term shall
			 be set at 12-month increments only and not partial years.
(4) The first day of the term of a covenant
			 shall be the date that both of these events have occurred:
(a) The 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 covenant.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0090 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Working Land Covenant and Easement 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 working land conservation covenant or easement.
(2) The extent to which the working land
			 conservation covenant or easement would protect, maintain, or enhance farming
			 or ranching on regionally significant working land, including:
(a) Reducing the potential for future
			 conversion or fragmentation of the property and surrounding working
			 land;
(b) Maintaining or enhancing
			 the ability of the land to be in productive agricultural use after the covenant
			 or easement is in place;
(c) The
			 potential viability of the property for agriculture; and
(d) Improving or maintaining the economic
			 viability of the operation, including future transfer of ownership.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0100 - Technical Review and Funding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission shall appoint one or more technical committees to evaluate and
			 rank applications for grants for working land conservation covenants and
			 easements. Those rankings will be provided to OWEB staff. OWEB staff will
			 review technical committee recommendations and provide funding recommendations
			 to the commission
(2) Applications
			 shall be evaluated according to criteria described in OAR
			 698-015-0090.
(3) The Commission
			 shall review and consider the recommendations of OWEB staff and consult with
			 the Board concerning grant applications.
(4) The Commission shall make funding
			 recommendations to the Board based on the availability of funding from the
			 Oregon Agricultural Heritage Fund.
(5) The Board approves 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0110 - Board Approval and Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission shall recommend and the
			 Board shall approve grants in accordance with guidance adopted by the Board and
			 made available to the public.
(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 if all conditions
			 required by the Board are not satisfied within 18 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0120 - Public Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
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 covenant or 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
			 publicized 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0130 - Director Funding Approval and Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director may approve the distribution
			 of grant funds. Funds may be distributed throughout the time between approval
			 by the Board and the covenant or easement closing as the following conditions
			 are met:
(a) A grant agreement is executed by
			 the Director and the grantee that includes a signed statement of understanding
			 and agreement to the roles and responsibilities under the working land
			 conservation covenant or easement by the participating owner of working
			 land;
(b) The funding conditions,
			 if any, imposed by the Board are satisfied to the full satisfaction of the
			 Director;
(c) The legal and
			 financial terms of the proposed real estate transaction are approved by the
			 Director;
(d) The required title
			 restrictions are approved by the Director;
(e) The Director has reconciled conditionally
			 approved funding with actual project costs;
(f) The grantee has satisfied the match
			 requirements under OAR 698-015-0060;
(g) The Board is notified in writing of the
			 Director's intent to hold or recover the grant funds pending Board
			 consideration under OAR 698-015-0140(1).
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0140 - Compliance and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The ongoing
			 use of the property encumbered by a covenant or 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 his or her
			 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
			 covenant or easement acquired with OAHP funds, given reasonable notice, for the
			 purpose of completing covenant or easement inspections.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0150 - Grant Reporting Requirements for Covenants

Current through Register Vol. 63, No. 7, July 1, 2024
Upon completion of the term of a working land conservation
				covenant, the grantee will provide the Commission and OWEB's Board with a copy
				of the project completion report. Final project accounting and reporting are
				due no later than 60 days following the project completion
				date.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0160 - Payment Relationship Between Covenants and Easements

Current through Register Vol. 63, No. 7, July 1, 2024
If a working land conservation covenant is funded through the
				Oregon Agricultural Heritage Program 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0170 - Subsequent Conveyances

Current through Register Vol. 63, No. 7, July 1, 2024
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
(2) Strictly comply with the requirements of
			 ORS 541.977 - ORS 541.989 and OAR 698-010 and OAR 698-015.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 15 - WORKING LAND CONSERVATION COVENANTS AND EASEMENTS › Section 698-015-0180 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 015 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 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of technical assistance grants is to provide
				assistance to organizations that are eligible to enter into agreements
				resulting in conservation management plans, or that acquire or propose to
				acquire working land conservation covenants or working land conservation
				easements. Grant funding must support the public benefits 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Technical assistance" means supporting
			 the development of working land projects or programs as described in ORS
			 541-981 and division 010 (conservation management plans) and ORS 541-982 and
			 division 015 (working land conservation covenants and easements).
(2) "Young or beginning farmer or rancher"
			 means someone who has been an agricultural landowner or operator for 10
			 consecutive years or fewer, or an agricultural landowner or operator who is 35
			 years old or younger.
(3) "Socially
			 disadvantaged farmer or rancher" means an agricultural landowner or operator
			 who is a member of a group whose members have been subjected to racial or
			 ethnic prejudice because of their identity as members of a group without regard
			 to their individual qualities. Those groups include African Americans, American
			 Indians or Alaskan natives, Hispanics, and Asians or Pacific
			 Islanders.
(4) "Veteran farmer or
			 rancher" means a person who served in United States Army, Navy, Marine Corps,
			 Air Force, and Coast Guard, including the reserve components thereof, and who
			 was discharged or released therefrom under conditions other than
			 dishonorable.
(5) "Limited Resource
			 Farmer or Rancher" means an applicant with direct or indirect gross farm sales
			 that are not more than the current indexed value in each of the previous 2
			 years, and who has a total household income at or below the national poverty
			 level for a family of four, or less than 50 percent of county median household
			 income in each of the previous 2 years. An entity or joint operation can be a
			 Limited Resource Farmer or Rancher if all individual members independently
			 qualify.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0030 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible applicants for Technical
			 Assistance Grants are eligible to enter into agreements resulting in a
			 conservation management plan under division 010 or acquire a working land
			 conservation covenant or easement under division 015.
(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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0040 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Technical Assistance Grant applications shall be consistent
				with OAR 698-005.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0050 - Technical Assistance Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0060 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The extent to
			 which the proposal 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, appropriate seasonal water flows, appropriate water retention, or
			 other natural resource values;
(c)
			 Protect, maintain, or enhance significant agricultural outcomes, benefits, or
			 other investment gains;
(d)
			 Maximize the benefit to the state based on the ability to leverage grant
			 moneys; and
(e) Limit negative and
			 maximize positive impacts on owners or operators of neighboring
			 lands.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0070 - Technical Review and Funding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications shall be evaluated according to criteria described in OAR
			 698-020-0060.
(2) The Commission
			 shall appoint one or more technical committees to evaluate and rank
			 applications for grants for working land conservation covenants and easements.
			 Those rankings will be provided to the commission to inform the commission's
			 final ranking and funding recommendations to the OWEB Board.
(3) If a technical committee is used, the
			 technical committee shall provide ranking recommendations to OWEB staff, who
			 will review technical committee recommendations and provide funding
			 recommendations to the Commission. If a technical committee is not used, OWEB
			 staff will provide funding recommendations to the Commission.
(4) The Commission shall make funding
			 recommendations to the Board based on the availability of funding from the
			 Oregon Agricultural Heritage Fund.
(5) The Board approves Technical Assistance
			 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0080 - Grant Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 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.
(2)
			 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.
(3) The Director may authorize minor changes
			 within the scope of the original project plan.
(4) The grantee must submit a report at
			 completion of the project in accordance with reporting requirements described
			 in the grant agreement.
(5) Rules
			 and conditions in place at the time funding for the Technical Assistance Grant
			 is formally approved shall govern throughout the term of the project unless
			 changes are mutually agreeable to both parties.
Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS
				  541.989
Statutes/Other Implemented: ORS
				  541.977-541.989
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 20 - WORKING LAND TECHNICAL ASSISTANCE GRANTS › Section 698-020-0090 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 020 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 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of succession planning 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0030 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0040 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Succession Planning Grant applications shall:
(1) Not require match contributions;
			 and
(2) Comply with Oregon
			 Agricultural Heritage Program 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0050 - Eligible Activities

Current through Register Vol. 63, No. 7, July 1, 2024
The following activities benefitting 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0060 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(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 program;
(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 application 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.
			 The Commission may also consider the extent to which a suite of approved grant
			 projects will combine to reflect this diversity; 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
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 25 - SUCCESSION PLANNING GRANTS › Section 698-025-0070 - Succession Planning Grant Application Technical Review and Funding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may fund projects
			 submitted through an open solicitation for applications, or by requesting
			 applications from one or more specific eligible entities.
(2) Applications shall be evaluated according
			 to criteria in OAR 698-025-0060.
(3) The Commission shall appoint one or more
			 technical committees to evaluate and rank applications for grants for working
			 land conservation covenants and easements. Those rankings will be provided to
			 the commission to inform the commission's final ranking and funding
			 recommendations to the OWEB board.
(4) The Commission shall make funding
			 recommendations to the Board based on the availability of funding from the
			 Oregon Agricultural Heritage Fund.
(5) 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