reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 30 - TECHNICAL ASSISTANCE GRANTS › Section 695-030-0055 - Technical Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 technical assistance grant applications seeking grant funds that require the
			 Board to make a funding decision:
(a) A
			 technical review team will be convened to review technical assistance grant
			 applications.
(b) 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 that references criteria as described in OAR 695-030-0045  to
			 complete for each application;
(B)
			 Shall evaluate each application based on the information provided.
(c) At the technical review team
			 meeting, the technical review team shall:
(A)
			 Review and evaluate each project individually based on how well the proposed
			 project meets the criteria in OAR 695-030-0045;
(B) Recommend the project as:
(i) Do fund;
(ii) Do fund with conditions;
(iii) Do not fund; or
(iv) 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 how well the project meets the criteria established in OAR
			 695-030-0045.
(d) 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 technical review team to Board staff for their
			 consideration. This information will be provided to all applicants and to the
			 Board.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 30 - TECHNICAL ASSISTANCE GRANTS › Section 695-030-0065 - Staff Funding Recommendation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For technical assistance grant
			 applications seeking grant funds that require the Board to make a funding
			 decision:
(a) 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 offering
			 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.
(b) Applicants may provide written or oral
			 comment to the Board on the staff recommendation prior to the Board
			 decision.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 30 - TECHNICAL ASSISTANCE GRANTS › Section 695-030-0075 - Funding Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 technical assistance grant applications seeking grant funds that require the
			 Board to make a funding decision:
(a) The
			 Board may fund a project in whole or in part.
(b) Projects not funded may be resubmitted
			 during future application submission periods.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 30 - TECHNICAL ASSISTANCE GRANTS › Section 695-030-0085 - 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 or the
			 Director, 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 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.
(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.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 30 - TECHNICAL ASSISTANCE GRANTS › Section 695-030-0095 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 30 for
				individual grant applications unless required by statute, when doing so will
				result in more efficient or effective implementation of the Board's technical
				assistance grant program. Any waiver must be in writing and included in the
				grant file to which the waiver applies. The administrative rules for technical
				assistance grants shall be periodically reviewed by the Board and revised as
				necessary and appropriate.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0010 - Small Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Watershed Enhancement Board (OWEB) may provide funding for a locally
			 administered Small Grant Program from its Watershed Conservation Grant Fund.
			 Funds may be allocated for the Small Grant Program in amounts and at times
			 decided by the Board.
(2) The goals
			 of the Small Grant Program are to:
(a) Support
			 implementation of the Oregon Plan for Salmon and Watersheds.
(b) Support projects designed to improve
			 water quality, water quantity, and fish and wildlife habitat. Such projects
			 include, but are not limited to, those developed to address Total Maximum Daily
			 Loads (TMDLs), Agricultural Water Quality Management Area Plans, urban nonpoint
			 source pollution management plans, and the Board of Forestry's Forestry Program
			 for Oregon.
(c) Make funds
			 available to local Small Grant Teams to address local priority resource
			 concerns, habitat values, and watershed functions.
(d) Encourage landowner participation in
			 watershed improvement by making funds available more quickly than is possible
			 through OWEB's other grant programs.
(e) Treat the source of watershed health
			 problems through technically sound projects that use proven techniques from one
			 of the approved sources listed in OAR 695-035-0030(3), and that demonstrate
			 benefits to aquatic species, wildlife, or watershed health across all land
			 uses.
(f) Encourage partnerships
			 among watershed councils, soil and water conservation districts, and
			 tribes.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Small Grant"
			 is a grant of $15,000 or less for an eligible watershed restoration project
			 awarded by OWEB on the recommendation of a Small Grant Team.
(2) "Small Grant Team" (Team) is composed of
			 representatives of watershed councils, soil and water conservation districts,
			 and tribes formed in each Small Grant Area to recommend funding for watershed
			 restoration projects.
(3) "Small
			 Grant Area" is a geographic area established by the OWEB Board based upon
			 hydrologic boundaries, existing watershed restoration partnerships, and
			 similarities in resource concerns.
(4) "Program Grant" is a grant from OWEB to a
			 Small Grant Team to recommend as eligible Small Grants of up to $15,000 within
			 the Small Grant Area.
(5) "Program
			 Grant Agreement" is a grant agreement between OWEB and a Small Grant Team
			 regarding the allocation of Small Grant funds within a Small Grant Area by the
			 Small Grant Team using OWEB funds.
(6) "Project Evaluation Committee"
			 (Committee) is a group of Small Grant Team members designated by vote of the
			 Team to evaluate Small Grant Project applications received and to make Small
			 Grant Project award recommendations based upon the Team's adopted priority
			 watershed concerns and eligible project types. A Team may by unanimous vote
			 decide not to designate a Committee.
(7) "Program Administration" refers to all
			 efforts made by Teams or individual team members on behalf of applicants or the
			 Small Grant Team prior to a project grant award recommendation. No program
			 administration costs may be included in Small Grant project grant
			 awards.
(8) The "Small Grant Fiscal
			 Agent" is responsible for managing all expenses associated with a Small Grant
			 Project and for reporting those expenses to OWEB in a manner consistent with
			 OWEB fiscal reporting standards. Fiscal Agents will be councils, districts,
			 tribes, or entities designated as eligible by the Small Grant Team in their
			 operating procedures. A Small Grant project's eligible fiscal agent will be
			 identified on the Small Grant Project application and in the OWEB Small Grant
			 Project grant agreement.
(9)
			 "Project Manager for the Grantee" is the individual (typically, but not
			 necessarily, the grantee) who will shepherd the project from start to finish.
			 This person will serve as the Team's and OWEB's main point of contact for a
			 project.
(10) "Team Contact" is
			 OWEB's main point of contact for the Small Grant Team, and is also the person
			 authorized by the Team to sign OWEB Small Grant agreements.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0030 - Small Grant Program Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Small Grant applicant may be a tribe,
			 watershed council, or soil and water conservation district. These entities may
			 act on behalf of private landowners, not-for-profit institutions, schools,
			 community colleges, state institutions of higher education, independent
			 not-for-profit institutions of higher education, local agencies, state
			 agencies, or federal agencies.
(2)
			 When reviewing applications, Team members will abide by the same conflict of
			 interest standards that apply to Oregon's public officials, as detailed in ORS
			 244.020.
(3) Small Grant Project applications
			 submitted to the Small Grant Team will include a completed application form
			 provided by OWEB, and will use technical guidance from at least one of the
			 sources listed below in this subsection. Small Grant Project applicants will
			 cite in the application the practice code(s), or the page number and paragraph,
			 for the technical guidance source listed. The Small Grant Team will verify the
			 citation. If technical guidance and standards for a project are not available
			 from one of these sources, the project is not eligible for funding under the
			 Small Grant Program.
(a) The Natural Resources
			 Conservation Service (NRCS) Field Office Technical Guide, and local cost share
			 list.
(b) A Guide to Placing Large
			 Wood in Streams (Oregon Department of Fish and Wildlife and Oregon Department
			 of Forestry, 1995).
(c) The Oregon
			 Road/Stream Crossing Restoration Guide (Oregon Department of Forestry, Spring
			 1999).
(d) Forest Practices
			 Technical Note No. 4: Fish Passage Guidelines for New and Replacement Stream
			 Crossing Structures (Oregon Department of Forestry, May 10, 2002).
(e) Forest Practices Technical Note No. 5:
			 Determining the 50-Year Peak Flow and Stream Crossing Structure Size for New
			 and Replacement Crossings Structures (Oregon Department of Forestry, May 10,
			 2002).
(f) The Nonpoint Source
			 Pollution Control Guidebook for Local Government (Oregon Department of
			 Environmental Quality and Oregon Department of Land Conservation and
			 Development, 1994).
(g) Urban
			 Subwatershed Restoration Manual Series #4: Urban Stream Repair Practices
			 (Center for Watershed Protection, November 2004).
(h) Tribal Natural Resource Plans or Water
			 Plans on Tribal Trust Lands.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0050 - Eligible Small Grant Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Small Grant Program will fund only those projects that:
(a) Demonstrate in the Small Grant Project
			 application a clear watershed benefit to aquatic species, wildlife, or
			 watershed health.
(b) Are
			 consistent with the local Small Grant Team's priority watershed concerns, as
			 identified in their program grant agreements with OWEB.
(c) Adhere to OWEB administrative rules, OAR
			 695-005-0010-695-005-0060  and 695-050-0010-695-050-0050.
(d) Implement a project to restore, enhance,
			 or protect native fish or wildlife habitat, watershed or ecosystem functions,
			 or water quality.
(e) Are
			 implemented in a manner that follows professionally accepted restoration
			 approaches resulting in ecological or watershed benefits.
(f) Use and clearly identify in the small
			 grant application technical guidance from at least one of the approved sources
			 in OAR 695-035-0030(3), and cite in the application the practice code(s), or
			 the page number and paragraph, for the technical guidance source
			 listed.
(g) Where applicable, have
			 been approved for technical sufficiency by the appropriate state agency, or by
			 the appropriate tribal government for projects on Tribal Trust Lands.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0060 - Ineligible Small Grant Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Small Grant Program will not fund projects that:
(a) Do not demonstrate a clear watershed
			 benefit to aquatic species, wildlife, or watershed health.
(b) Are not consistent with the local Small
			 Grant Team's priority watershed concerns, as identified in their program grant
			 agreements with OWEB.
(c) Do not
			 adhere to OWEB administrative rules: OAR 695-005-0010-695-005-0060,
			 695-035-0010-695-035-0070, and 695-050-0010-695-050-0050.
(d) Do not implement a project to restore,
			 enhance, or protect native fish or wildlife habitat, watershed or ecosystem
			 functions, or water quality.
(e) Do
			 not use and clearly identify in the small grant application technical guidance
			 and standards from one of the approved sources listed in OAR
			 695-035-0030(3).
(f) Are at the
			 same location as, and are identical to, projects that have already been funded,
			 are currently being funded, or are currently being considered for funding
			 through either the Small Grant Program or other OWEB grant
			 programs.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0070 - Periodic Review and Evaluation of the Small Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
Once a biennium, and in consultation with representatives of
				the Soil and Water Conservation Commission, tribes, and Small Grant Teams, OWEB
				will review annual reports submitted by Small Grant Teams and evaluate the need
				for program improvements and administrative rule changes.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 35 - SMALL GRANT PROGRAM › Section 695-035-0080 - Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of division 35, unless
				they are required by statute, for individual grants, when doing so will result
				in more efficient or effective implementation of the Board's grant program. Any
				waiver granted shall be in writing and included in the permanent file of the
				individual grant for which the waiver was granted.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To guide the
			 Oregon Watershed Enhancement Board in accepting, reviewing for eligibility and
			 merit, and considering for funding applications for Council Capacity Grants
			 pursuant to ORS 541.918,
			 541.926(1)(e),
			 541.923, and
			 541.910.
(2) To provide a grant program to help
			 support the operations of watershed councils that engage people and communities
			 in their watersheds to participate in the collaborative, voluntary restoration
			 and protection of native fish or wildlife habitat, and natural watershed
			 functions to improve water quality or stream flows.
(3) To encourage the development of
			 high-capacity local infrastructure and continuous improvement.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "OWEB" means
			 the Oregon Watershed Enhancement Board state agency.
(2) "Board" means the Oregon Watershed
			 Enhancement Board created under ORS
			 541.900.
(3) "Director" means the Executive Director
			 of the Oregon Watershed Enhancement Board or the Executive Director's designee.
(4) "Watershed council" or
			 "council," pursuant to ORS
			 541.890(15),
			 means a voluntary local organization, designated by a local government group
			 convened by a county governing body, to address the goal of sustaining natural
			 resources and conducting watershed protection, restoration and enhancement
			 within a watershed as defined in
			 541.890(14).
(5) "Council Action Plan" means a
			 plan or set of plans adopted by a council or group of councils that identifies
			 and prioritizes the ecological problems the council seeks to address, and the
			 priority, voluntary restoration, enhancement, monitoring and/or community
			 engagement activities the council will conduct to address those problems.
(6) "Council Capacity Grant" means
			 an OWEB grant awarded to a watershed council or group of watershed councils
			 under the Outcome-Based Watershed Council Operating Capacity Grant Program on
			 or after January 1, 2015.
(7)
			 "Watershed Council Support Grant" means an OWEB grant awarded to a watershed
			 council or group of watershed councils prior to July 1, 2013, for the purpose
			 of supporting the capacity of a council or group of councils to conduct the
			 activities necessary for the watershed protection, enhancement, and restoration
			 work of the council(s).
(8)
			 "Council's governing body" means the group of people who have the
			 responsibility to a) ensure that the council meets legal requirements, b)
			 support successful achievement of the council's goals, and c) create a
			 structure, policies, and procedures that support good governance.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0030 - Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the eligibility criteria is to define which
				watershed councils are eligible to apply for Council Capacity Grants. These
				eligibility criteria do not limit or control the existence or creation of
				watershed councils. A watershed council, or group of watershed councils, is
				eligible to apply for a Council Capacity Grant only if OWEB determines it meets
				the eligibility criteria.
(1)
			 Designation as a watershed council by a local government:
(a) For watershed councils previously awarded
			 a Watershed Council Support Grant, the council shall have been designated as a
			 watershed council by a local government.
(b) For new or reorganized watershed
			 councils, the council shall be designated as a watershed council by a county
			 commission, county board, or county court.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0090 - Eligibility Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The
			 eligibility of a watershed council or group of councils to submit an
			 application for a Council Capacity Grant shall be determined in accordance with
			 guidance adopted and periodically reviewed by the Board and made available to
			 the public on the OWEB website and Board meeting materials.
(2) If a watershed council disagrees with the
			 determination that it is not eligible to submit an application and wishes to
			 appeal, the council shall appeal to OWEB's Director in accordance with the
			 appeal process contained in the guidance adopted by the Board. The Director
			 shall make the final decision on all eligibility appeals.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0100 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Council Capacity Grant applications shall be submitted on the
				most current form that conforms to the requirements and process set forth in
				guidance and periodically reviewed by the Board and made available to the
				public on the OWEB website and Board meeting materials.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0110 - Merit Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) 
			 Applications shall be evaluated in accordance with the guidance adopted and
			 periodically reviewed by the Board and made available to the public on the OWEB
			 website and in Board meeting materials.
(2) Through its merit evaluation, OWEB seeks
			 to:
(a) Ensure strategic and accountable
			 investment of public funds;
(b) 
			 Encourage continuous improvement in watershed councils' organizational
			 management, operating structure, and functions, and the planning and
			 implementation of on-the-ground watershed protection, restoration, enhancement,
			 and community engagement activities; and
(c) Ensure watershed councils are working
			 toward strengthening their role in watersheds through activities focusing on
			 council resilience, leadership, collaboration, and representing a balance of
			 interested and affected persons within the watershed as required by ORS
			 541.910(2).
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0120 - Board Action on Eligible Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board may fund grants to watershed
			 councils or a group of councils.
(2) The Board shall take action on eligible
			 applications for Council Capacity Grants in accordance with guidance adopted by
			 the Board and made available to the public on the OWEB website and in Board
			 meeting materials.
(3)  Individual
			 Council Capacity Grant funding levels are within the Board's discretion based
			 on consideration of:
(a) A watershed
			 council's merit evaluation;
(b) The
			 Board's determination, if any, under 695-040-0120(3)(d); and
(c) Available funding.
(d) Notwithstanding subsections (a), (b) and
			 (c), the Board may award an individual Council Capacity Grant for a larger
			 geographic area when the Board determines that such action will likely increase
			 collaboration and resource sharing, inter-watershed coordination, and will
			 likely foster organizational resilience and watershed restoration outcomes at a
			 larger landscape scale. The Board's determination shall be made in accordance
			 with guidance adopted and periodically reviewed by the Board and made available
			 to the public on the OWEB website and in Board meeting materials. Such an award
			 by the Board may include a reduction in the number of individual Council
			 Capacity Grants within the larger geographic area and a reduction in funding
			 levels for individual watershed councils within the larger geographic
			 area.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0130 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
A Council Capacity Grant provides funding for operations of a
				watershed council or group of councils.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0140 - Grant Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
The Council Capacity grantee shall be required to:
(1) Submit to OWEB an annual work plan
			 update;
(2) Submit an annual report
			 to all local government entities that designated the council; and
(3) Obtain appropriate levels of insurance
			 coverage commensurate with council activities.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 40 - WATERSHED COUNCIL SUPPORT › Section 695-040-0150 - Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive any requirements of Division 40 for
				individual grant applications, not including mandatory statutory requirements,
				when doing so will result in more efficient or effective implementation of the
				Outcome-Based Watershed Council Operating Capacity Grant Program. Any waiver
				granted shall be in writing and included in the permanent file of the grant for
				which the waiver was granted.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.918,
				  541.926(1)(e),
				  541.923 &
				  541.910
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Management
			 Plan" is a description of the planned future management of a Property Interest
			 that is consistent with guidance established by OWEB and includes, but is not
			 limited to, actions such as species and habitat management practices, proposed
			 restoration projects, Stewardship and monitoring, land uses, public access, and
			 educational and research opportunities.
(2) "Profit" means a positive difference
			 between the original purchase price for the Property Interest acquired with
			 OWEB grant funds and a subsequent purchase price for the same Property
			 Interest, minus the owner's property improvement costs that, from an accounting
			 or tax perspective, are capitalized and not expensed.
(3) "Stewardship" means monitoring,
			 maintaining, managing, and improving a Property Interest, including providing
			 signage, controlling access, enforcing use restrictions and resolving
			 violations.
(4) "Stewardship Fund"
			 means a restricted fund that is used to pay a Property Interest holder's
			 long-term costs for Stewardship of the Property Interest and taxes and
			 insurance associated with that interest. If the source of the Stewardship Fund
			 allows investment of the Stewardship Fund, the funds may be used for investment
			 management costs.
(5) "Conservation
			 Easement" means a nonpossessory interest of a holder in real property imposing
			 limitations or affirmative obligations the purposes of which include protecting
			 or restoring native fish or wildlife habitats.
(6) "Land Acquisition Grants" mean funds
			 awarded by OWEB to purchase Property Interests.
(7) "Property Interest" means fee simple
			 ownership or Conservation Easement.
(8) "Project" means the aggregate of eligible
			 activities included in OAR 695-045-0170  and 0175 that comprise an application
			 and are specific to parcels of land, all of which are essential to the
			 protection of a specific priority habitat at a local scale.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0020 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with Section 4(b)(2) of Article XV of the Oregon
				Constitution and ORS
				541.956,
				OWEB may consider grant applications that propose to acquire Property Interests
				in lands from willing sellers for the purpose of maintaining or restoring
				watersheds and habitats for native fish or wildlife. This Chapter 695, Division
				45 supplements the OWEB Grant Program rules under OAR Chapter 695, Division 5
				and provides specific requirements for the OWEB land acquisition grant program.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0165 - Application and Subsequent Grant Processing and Agreement Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Land
			 acquisition grant applications must be submitted on the most current form that
			 conforms with the process prescribed by the Board.
(2) The Board may consider proposals that are
			 received for properties that were acquired by the applicant after the previous
			 application deadline.
(3) In the
			 event of any conflict between these requirements and requirements identified in
			 OAR 695-005, the land acquisition requirements in this division will take
			 precedence.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0170 - Use of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Land Acquisition Grants may be applied towards costs related to
				the purchase of a Property Interest, including:
(1) The purchase price and the purchase
			 option fees associated with the Property Interest. The purchase price shall be
			 based on an appraisal and review appraisal completed in accordance with
			 applicable appraisal standards, including the Uniform Standards of Professional
			 Appraisal Practice, and if required, the Uniform Appraisal Standards for
			 Federal Land Acquisitions;
(2) The
			 interest on bridge loans needed to secure closure on the Property Interest
			 prior to when funding will be available for distribution through the
			 program;
(3) The staff costs
			 incurred as part of the acquisition process related to the Property
			 Interest;
(4) The cost of due
			 diligence activities, including appraisal, environmental site assessment,
			 survey, title review, the applicant's legal fees incurred, and other customary
			 due diligence activities;
(5) The
			 cost of baseline inventory preparation;
(6) The cost of preparation of the initial
			 Management Plan, including consideration of any restoration needs;
(7) The closing fees, including, but not
			 limited to, recording and title insurance costs; or
(8) The cost of securing and maintaining the
			 conservation values associated with the Property Interest in accordance with
			 the application or a Management Plan approved by the Director.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0175 - 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 OWEB grant request for the Project.
(2) Funds provided by OWEB shall not qualify
			 as match.
(3) The following costs
			 and activities will qualify as match:
(a) A
			 contribution to any costs listed under OAR 695-045-0170, including in-kind
			 contributions of those costs;
(b)
			 Funding commitments made by others as a result of grant applicant
			 efforts;
(c) The donated portion of
			 a bargain sale; or
(d) Stewardship
			 funds, provided that documentation demonstrates that the fund is dedicated to
			 the Project.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0180 - Application Evaluation Process

Current through Register Vol. 63, No. 7, July 1, 2024
OWEB shall evaluate grant applications for:
(1) The consistency of the Project with the
			 Board's established priorities and principles and conservation priorities
			 established in local, regional, or state conservation plans for land
			 acquisitions;
(2) The significance
			 of the projected ecological outcomes;
(3) The capacity of the grant applicant, or
			 intended property manager, to complete the acquisition of the Property Interest
			 and to achieve and sustain the proposed ecological outcomes over
			 time;
(4) The soundness of the
			 legal and financial terms of the proposed real estate transaction;
(5) The community impacts or benefits
			 resulting from the Project; and
(6)
			 Any other factors the Board determines are relevant.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0185 - Board Approval and Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall approve grants in accordance with this OAR
				Chapter 695, Division 45. The Director is delegated the responsibility of
				ensuring that funding conditions required by the Board are fully satisfied by
				the grant applicant. Except for disbursements authorized in OAR
				695-045-0195(3), conditionally approved grant funds shall be encumbered for
				disbursement only after all conditions are fulfilled. The encumbered funds may
				be made available for other uses by OWEB if all conditions required by the
				Board, except for site stabilization and Management Plan activities, are not
				satisfied within 18 months of the conditional Board approval.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0190 - 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. In a manner
				consistent with this requirement, the governing bodies of cities and counties
				with jurisdiction in the area of the proposed acquisition, as well as affected
				governmental agencies, will be provided with written notice of the Board's
				intent to consider:
(1) Written
			 comments received at least 14 days before the Board meeting at which the
			 application is to be considered by the Board,
(2) Comments made at public hearings held and
			 publicized in accordance with ORS
			 271.735;
			 and
(3) Comments made at the Board
			 meeting at which the grant application is considered.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0195 - 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 when:
(a) The funding
			 conditions, if any, imposed by the Board are satisfied to the full satisfaction
			 of the Director;
(b) The legal and
			 financial terms of the proposed real estate transaction are approved by the
			 Director;
(c) The title
			 restrictions required under ORS
			 541.960 are approved by the Director;
(d) A
			 grant agreement is executed by the Director and the grant applicant;
(e) The Director has reconciled conditionally
			 approved funding with actual Project costs; and
(f) The grant applicant has satisfied the
			 match requirements under OAR 695-045-0175  and OAR 695-005-0060(2).
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0200 - Funding Decision Reconsideration by Board

Current through Register Vol. 63, No. 7, July 1, 2024
In the event that the Director determines an applicant has not
				met conditions imposed by the Board, the Director shall forward the
				determination in writing to the Board for its consideration. The applicant will
				be provided a copy of the written determination. The conditionally encumbered
				grant funds will remain encumbered until the Board either affirms the
				Director's determination or authorizes the continued encumbrance of all or part
				of the funds in accordance with a modified decision of the
				Board.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0205 - Compliance and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
The ongoing use of the Property Interest acquired with OWEB
				Land Acquisition Grant funds shall be consistent with the purposes specified in
				section 4(b) Article XV of the Oregon Constitution. OWEB may initiate any and
				all legal remedies available to OWEB to address compliance issues, including
				but not limited to recovery of the OWEB grant funds that were used to purchase
				the Property Interest, together with interest at the highest rate allowed under
				Oregon law, and other penalties at the option of the
				Director.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0206 - Access

Current through Register Vol. 63, No. 7, July 1, 2024
OWEB, its contractors and cooperating agencies will be provided
				legal and sufficient access to Property Interest acquired with OWEB grant
				funds, for the purpose of monitoring and enforcing OWEB's Conservation Easement
				rights and completing inspections and evaluations required under ORS
				541.906(2)(c)(A).
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.906 & ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0210 - Subsequent Conveyances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subsequent conveyances of Property Interests acquired with OWEB grant funds
			 must strictly comply with the requirements of ORS
			 541.960,
			 including, but not limited to, the requirement that subsequent conveyances be
			 made subject to Board approval and that subsequent conveyances shall not result
			 in a Profit.
(2) Subsequent
			 conveyances shall be evaluated based on criteria established in OAR
			 695-045-0180  as applicable.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 45 - LAND ACQUISITION GRANTS › Section 695-045-0215 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of division 45 for
				individual grant applications unless required by statute, when doing so will
				result in more efficient or effective implementation of the Board's land
				acquisition grant program. Any waiver must be in writing and included in the
				grant file to which the waiver applies.
Stat. Auth.: ORS
				  541.906
Stats. Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with Section 4b of Article XV of the Oregon
				Constitution and ORS
				541.956,
				OWEB may consider grant applications that propose to acquire from willing
				sellers interests in water that result in Legally or Contractually Protected
				Instream Flow to maintain or restore streamflows for the benefit of watersheds
				and habitats for native fish or wildlife. This division supplements the OWEB
				Grant Program rules under OAR 695-005 and provides specific requirements for
				the OWEB water acquisition grant program. In the event of any conflict between
				these requirements and requirements identified in OAR 695-005, the water
				acquisition grant requirements in this division will take precedence. OWEB does
				not itself hold an interest in water rights in grants authorized under these
				rules, but rather allocates funding for Water Acquisition Projects to other
				entities, which may result in the State of Oregon or other entities holding the
				interest in water rights.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Conserved
			 Water" means that amount of water that results from conservation measures,
			 measured as the difference between:
(a) The
			 smaller of the amount stated on the water right or the maximum amount of water
			 that can be diverted using the existing facilities; and
(b) The amount of water needed after
			 implementation of conservation measures to meet the beneficial use under the
			 water right certificate.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0035 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will
			 only consider Water Acquisition Projects involving legal water rights not
			 subject to forfeiture that will result in Legally or Contractually Protected
			 Instream Flows to address:
(a) The identified
			 conservation needs of habitats and species as determined by the Oregon
			 Department of Fish and Wildlife and in consideration of needs identified by
			 other federal or tribal fish and wildlife agencies; or
(b) Improving water quality in a
			 water-quality-limited area, as defined in OAR 340-041-0002(70)  and determined
			 by the Oregon Department of Environmental Quality.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0185 - Use of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
Water acquisition grant funds may be applied toward reasonable
				costs, as determined by OWEB, related to the implementation of Water
				Acquisition Projects, including:
(1)
			 The purchase price and the purchase option fees associated with acquisition of
			 an interest in water.
(2) The
			 monetary interest on bridge loans needed to secure the interest in water prior
			 to when funding will be available for distribution through the
			 program.
(3) The staff costs
			 incurred as part of acquiring the interest in water.
(4) The cost of outreach activities necessary
			 for the funded Water Acquisition Project.
(5) The cost of due diligence activities,
			 including appraisal or valuation of the interest to be acquired, title report,
			 assessment of the timing and extent of water use and regulation associated with
			 the interest in water, and other customary due diligence activities.
(6) The closing fees related to the
			 acquisition of an interest in water.
(7) The cost of monitoring the Water
			 Acquisition Project to certify that the water interest is being used and
			 managed consistent with Section 4b, Article XV of the Oregon
			 Constitution.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0190 - Matching Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applicants shall demonstrate at least 25% of the Water Acquisition Project cost
			 is being sought as match, with the grant applicant required to provide matching
			 funds and efforts necessary to complete the purchase. The following costs and
			 activities will qualify as match:
(a) All
			 costs listed under OAR 695-046-0185, including in-kind contributions of those
			 costs.
(b) Funding commitments made
			 by others as a result of grant applicant efforts (including funding to be
			 secured from other funders as part of a Board-prescribed process conducted in
			 cooperation with other funders).
(c) Any donated portion of the interest in
			 water.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0196 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Water acquisition grant applications will be evaluated on the
				extent to which the application describes:
(1) The significance of the projected
			 ecological outcomes, including how the proposed Water Acquisition Project:
(a) Achieves or helps to achieve any
			 professionally accepted flow target during the period of use;
(b) Addresses limiting factors identified in
			 professionally accepted conservation plans for habitat conservation needs or
			 water quality;
(c) Provides
			 benefits to impacted species and life stages;
(d) Monitors and tracks project impacts over
			 time, as appropriate for the transaction type and duration;
(e) Monitors project compliance, as
			 appropriate for the transaction type and duration; and
(f) Contributes to climate change
			 adaptation.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0195 - Coordinating and Partnering with Other Funders

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with Section 4b of Article XV of the Oregon
				Constitution, OWEB may consider grant applications in partnership with other
				funders for the purposes of creating operational efficiencies and coordinating
				investments in projects designed to result in Legally or Contractually
				Protected Instream Flow and to do one or both of the following:
(1) Address the conservation needs of
			 habitats and species as determined by the Oregon Department of Fish and
			 Wildlife and in consideration of needs identified by other federal, or tribal
			 fish and wildlife agencies; or
(2)
			 Improve water quality in a water-quality-limited area as defined in OAR
			 340-041-0002(70)  and determined by the Oregon Department of Environmental
			 Quality.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)