reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0200 - Application Evaluation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For water acquisition applications seeking grant funds that require the Board
			 to make a funding decision:
(a) A Technical
			 Review Team will be convened to review water acquisition grant
			 applications.
(b) Prior to the
			 Technical Review Team meeting, the Technical Review Team shall evaluate each
			 application based on the information provided and the evaluation criteria as
			 described in OAR 695-046-0196.
(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 as
			 described in OAR 695-046-0196.
(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
			 695-046-0196.
(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 46 - WATER ACQUISITION GRANTS › Section 695-046-0201 - Staff Funding Recommendation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For water acquisition 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 made available 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 46 - WATER ACQUISITION GRANTS › Section 695-046-0202 - Funding Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 water acquisition grant applications seeking grant funds that require the Board
			 to make a funding decision:
(a) After
			 considering recommendations from staff, and any community impacts from the
			 proposed Water Acquisition Project, 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 46 - WATER ACQUISITION GRANTS › Section 695-046-0205 - Public Involvement

Current through Register Vol. 63, No. 7, July 1, 2024
The public shall be provided with opportunities to comment on
				grant applications for Water Acquisition Projects being considered by the
				Board. OWEB will provide written notice through its website of the Board's
				intent to consider water acquisition grant applications. The Board will
				accept:
(1) Comments made at public
			 hearings, as described in ORS
			 271.735, held on
			 grant applications seeking funding for Permanent Instream Transfers;
(2) Written comments received at least 14
			 days before the Board meeting at which the application is to be considered by
			 the Board; and
(3) Oral 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 46 - WATER ACQUISITION GRANTS › Section 695-046-0210 - Board Approval and Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall conditionally approve grants with funding
				conditions made available to the public. The Director is delegated the
				responsibility of ensuring that funding conditions required by the Board are
				fully satisfied by the grant applicant.
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 695-046-0215 - Director's 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 met to the full satisfaction of
			 the Director;
(b) The legal and
			 financial terms of the proposed Water Acquisition Project transaction are
			 approved by the Director;
(c) A
			 grant agreement is executed by the Director and the grant applicant; (d) The
			 Director has reconciled conditionally approved funding with actual Water
			 Acquisition Project costs; and
(d)
			 The grant applicant has satisfied the match requirements under
			 695-046-0190.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 46 - WATER ACQUISITION GRANTS › Section 695-046-0220 - Compliance and Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 ongoing use of the water interests acquired with OWEB water acquisition grant
			 funds shall be consistent with the purposes specified in section 4b Article XV
			 of the Oregon Constitution. If significant compliance issues cannot be resolved
			 to the full satisfaction of the Director, the Director, after informing the
			 Board and providing reasonable written notice to the recipient of the grant,
			 may in his or her discretion initiate any and all legal remedies available to
			 OWEB, including recovery of the OWEB grant funds that were used to purchase the
			 water interest, and reasonable interest and penalties at the option of the
			 Director.
(2) OWEB, its grantees,
			 contractors and cooperating agencies must be provided sufficient legal access
			 to property to which the water interest acquired with OWEB funds is
			 appurtenant, for the purpose of monitoring 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 695-046-0225 - Subsequent Conveyances

Current through Register Vol. 63, No. 7, July 1, 2024
A water interest acquired with OWEB grant funds shall not be
				conveyed to another party unless the conveyance is approved by the Board and
				may not be conveyed for the purpose of consumptive uses.
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 695-046-0230 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 46 for
				individual grant applications, not including mandatory constitutional or
				statutory requirements, when doing so is reasonably calculated to result in
				more efficient or effective implementation of the Board's water acquisition
				grant program. Any waiver must be in writing and included in the grant file to
				which the waiver applies. The administrative rules for water acquisition grants
				shall be periodically reviewed by the Board and revised as necessary and
				appropriate.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.932(9)
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall provide grants, as funds are available, for
				Focused Investment Partnership initiatives that address Board-identified
				priorities of significance to the state through either Implementation grants or
				Development grants.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Focused
			 Investment Partnership" means an OWEB investment that addresses a
			 Board-identified priority of significance to the state, achieves clear and
			 measurable ecological outcomes, uses integrated and results-oriented approaches
			 as identified through a strategic action plan, and is implemented by a
			 high-performing partnership.
(2)
			 "Focused Investment Partnership Development" means an initiative with an
			 existing partnership that is pursuing enhancement of that partnership,
			 development of a strategic action plan and community engagement in support of
			 the strategic action plan.
(3)
			 "Focused Investment Partnership Implementation" means an initiative with an
			 existing strategic action plan that is ready for implementation by a
			 high-performing partnership.
(4)
			 "Initiative" means the program that the partnership will pursue with Focused
			 Investment Partnership funding.
(5) "Strategic Action Plan" is the long term
			 conservation strategy of a partnership. Plans will include all components
			 identified by OWEB as a part of the application process.
(6) "High-Performing Partnership" means a
			 collaborating group of organizations with an existing governance structure that
			 includes a formal decision making process resulting in an effective performance
			 history.
(7) "Core Partners" are
			 the partners identified in the proposal that will bring substantial capacity to
			 a partnership and will lead the implementation effort.
(8) "Measurable Ecological Outcomes" means
			 quantifiable long-term ecological effects resulting from a series of
			 conservation actions.
(9) "Expert
			 Review Team" means a team of designated personnel with statewide knowledge and
			 interdisciplinary expertise drawn from agencies represented on the Board and
			 other entities as appropriate to evaluate Focused Investment Partnership
			 Implementation proposals and Development applications.
(10) "Technical Review Team" means a team of
			 designated personnel with regional knowledge and interdisciplinary expertise
			 drawn from agencies represented on the Board and other entities to evaluate
			 Focused Investment Partnership Implementation project-level grant applications.
(11) "Work Plan" means the
			 proposed actions of the partnership in each biennium of the Initiative. Focused
			 Investment Partnership Implementation partnerships will submit to OWEB an
			 updated work plan in advance of each new biennium.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0030 - Board-identified Priorities

Current through Register Vol. 63, No. 7, July 1, 2024
At least every five years, the Board shall approve ecological
				priorities of significance to the State to be addressed by Focused Investment
				Partnerships Initiatives. Ecological priorities shall be determined with public
				input and scientific rigor, and shall include maps and narrative describing the
				desired ecological outcomes for eligible Focused Investment Partnership
				Initiative activities.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0040 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall
			 only consider a Focused Investment Partnership
Implementation
Initiative proposal that:
(a) Addresses a
			 Board-identified priority of significance to the state; and
(b) Is to be implemented by a high-performing
			 partnership.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0050 - Focused Investment Partnership Implementation Proposal and Focused Investment Partnership Development Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Focused
			 Investment Partnership
Implementation
Initiative proposals
			 shall:
(a) Be submitted on the most current
			 form using the process prescribed by the Board; and
(b) Demonstrate that 25% match is sought, and
			 shall be expended within the scope and geography of the Initiative
			 application.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0060 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Focused
			 Investment Partnership
Implementation
proposals shall be
			 evaluated on:
(a) The extent to which the
			 initiative addresses a Board-identified priority;
(b) The capacity to partner, engage the
			 community, and catalyze additional investments applied to activities within the
			 initiative geography;
(c) The
			 performance history and composition of the partnership;
(d) The extent to which the proposed approach
			 will make progress toward measureable ecological outcomes;
(e) The ability to track progress towards
			 proposed outcomes;
(f) The
			 scientific basis and planning tools that support the proposed Initiative;
			 and
(g) The extent to which the
			 allocation of funds across proposed grant types will support the achievement of
			 the proposed ecological outcomes.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0070 - Focused Investment Partnership Initiative Expert Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall convene expert review teams to evaluate Focused
				Investment Partnership
Implementation
proposals and
Development
applications according to criteria described in
				OAR 695-047-0060. Expert review teams shall evaluate each application based on
				the information provided and deliver recommendations to OWEB staff. The results
				of the expert review process, including evaluations, shall be provided to
				applicants and the Board.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0080 - Focused Investment Partnership Initiative Funding Recommendation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For Focused
			 Investment Partnership
Implementation
Initiatives:
(a) OWEB staff shall review the
			 recommendations from each expert review team and make a funding recommendation
			 to a Board subcommittee. The OWEB staff recommendation shall be provided to
			 applicants and the Board.
(b) The
			 Board subcommittee shall interview core partners proposing an
Implementation
Initiative.
(c) The Board subcommittee shall review OWEB
			 staff recommendations, and the results of the interview of the core partners,
			 and make a funding recommendation to the Board.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0090 - Board Funding Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Focused Investment Partnership
Implementation
Initiatives:
(a) The Board may fund an Initiative in whole
			 or in part.
(b) The Board shall
			 award funds on a biennial basis. Subject to Board evaluation and future
			 appropriations, the Board seeks investment for up to six years for each
			 Initiative. A biennial award will not exceed $4 million and the full six-year
			 award will not exceed $12 million.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0100 - Focused Investment Partnership Implementation Initiative Partnership Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 Focused Investment Partnership
Implementation
Initiatives, a
			 partnership agreement shall be executed between OWEB and core partners that
			 shall stipulate the terms of the initiative.
(2) The agreement shall include at a minimum:
			 points of contact, purpose of initiative, scope of initiative, process for
			 submitting project-level grant applications, review process, funding
			 conditions, roles and responsibilities of signatories, and methodology to
			 address any potential changes in composition of the core partnership.
(3) Only organizations that are signatory to
			 the partnership agreement are eligible to apply for project level grants.
(4) Projects in the defined
			 geographic area of the Initiative, and focused on the programs and actions
			 identified in the Initiative's proposal, are ineligible for the grant types
			 listed in OAR 695-047-0110(8)  that are offered outside of the Focused
			 Investment Partnership program.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0110 - Focused Investment Partnership Implementation Initiative Project-level Grant Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The core
			 partners of a Focused Investment
Implementation
Initiative
			 shall select projects to implement the Initiative.
(2) Project applications shall be submitted
			 on current forms on a schedule determined by the partnership and OWEB staff.
(3) Project applications shall
			 include a matching contribution from other non-Board program funds or in-kind
			 services, notwithstanding OAR 695-005-0030(3).
(4) Following consultation with the
			 partnership about expertise that is relevant to the Implementation Initiative's
			 focus, a technical review team shall be convened by OWEB. Technical review team
			 members shall have appropriate expertise in the Focused Investment Partnership
			 Initiative subject matter and geography.
(5) The technical review team shall meet to
			 evaluate project-level applications according to the project's compatibility
			 with the Initiative's proposal and relevant evaluation criteria established in
			 OAR Chapter 695. Representatives of the partnership shall be provided an
			 opportunity to meet with the technical review team during the project
			 evaluation to provide context for proposed projects.
(6) OWEB staff shall provide the technical
			 review team evaluations to the applicant. Applicants and staff shall address
			 review team comments through an amendment or other agreed upon process.
(7) Notwithstanding
			 695-005-0060(2) and (8)  initiatives require 25% match, reported at the
			 Initiative-level for the biennium. Each project within the initiative also
			 requires match. Prior to disbursement of Board funds for a project the grantee
			 must provide proof that the matching contribution has been secured for the
			 project. Initiatives that do not meet the required 25% match by the end of the
			 biennium will not be awarded subsequent Implementation Initiative funding.
(8) Grant types for Focused
			 Investment Implementation Initiatives are Restoration (OAR 695-010),
			 Stakeholder Engagement (OAR 695-015), Monitoring (OAR 695-025), Technical
			 Assistance (OAR 695-030), Land Acquisition (OAR 695-045), and Water Lease and
			 Transfer (OAR 695-046).
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0120 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Focused
			 Investment Partnership
Development
Initiative funds shall be
			 distributed through grant agreements executed in accordance with OAR
			 695-005-0050  and 695-005-0060.
(2)
			 Focused Investment Partnership
Implementation
Initiative funds
			 shall be distributed through project-level grant agreements through a process
			 described in the partnership agreement described in OAR 695-047-0100.
Statutory/Other Authority: ORS
				  541.906
Statutes/Other Implemented: ORS
				  541.890-541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0130 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Reporting for
			 Focused Investment Partnership
Development
Initiatives shall
			 be in accordance with OAR chapter 695, division-005.
(2) Focused Investment Partnership
Implementation
Initiatives shall report to OWEB staff through a
			 collaboratively established process and timeline.
(3) Reporting for project-level grants shall
			 be determined in each project grant agreement.
(4) At the end of each biennium, the Focused
			 Investment
Implementation
Initiative partnerships shall report
			 the following to the Board:
(a) Demonstrated
			 25% secured match for the Initiative for the biennium plus any additional
			 investments generated by the Initiative.
(b) Initiative progress for the
			 biennium
(c) Updated work plan and
			 budget proposed for the next biennium
(d) Any proposed changes to the geography,
			 scope, or partners of the Initiative.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 47 - FOCUSED INVESTMENT PARTNERSHIP GRANTS › Section 695-047-0140 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 47 unless
				required by statute, when doing so will result in more efficient or effective
				implementation of the Board's Focused Investment Partnership grant program. Any
				waiver must be in writing and included in the grant file to which the waiver
				applies. Any waiver of the requirements of Division 47 will be reported to the
				Board at the next Board meeting. The administrative rules for Focused
				Investment Partnership 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 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules establish policies and procedures for assuring that
				Board actions that affect land use comply with Statewide Planning Goals and are
				compatible with acknowledged comprehensive plans. These rules also prescribe
				measures for providing technical assistance to local governments, participation
				in periodic review of comprehensive plans, resolution of land use disputes and
				other aspects of state agency coordination required by OAR chapter 660,
				division 30. These rules and coordination rules in OAR chapter 695, constitute
				the Board's state agency coordination program pursuant to ORS
				197.180.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Action" means
			 grant-related activities governed by OAR chapter 695, or the adoption,
			 amendment, or implementation of any future Board rule or program found to
			 affect land use pursuant to OAR 660-030-0005(2).
(2) "Land Use Approval" means a final
			 decision or determination made by a local government that concerns the
			 adoption, amendment, or application of the goals or comprehensive plan
			 provisions or implementing ordinances.
(3) "Planning Director" means the director of
			 county or city planning departments, an appropriate designee, or other local
			 official responsible for carrying out land use planning functions.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0020 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
State law establishes a complementary relationship between
				state and local management of watersheds. The Board is required by statute to
				fund restoration, maintenance, and enhancement of watersheds to protect the
				well-being of the state and its citizens. Board programs will, however, be
				planned and implemented by responsible parties at the local level. Local
				comprehensive plans must provide inventories of local watersheds as well as
				measures for protecting and managing those watersheds in order to comply with
				Statewide Planning Goals. In order to carry this out, local governments are
				encouraged to use watershed council assessments and action plans where
				appropriate. The Board recognizes that coordination between state, local and
				federal agencies responsible for land management is essential to meeting policy
				objectives for watershed enhancement established in ORS
				541.890 through
				541.969. In carrying out its
				mandate, the Board will maximize the effectiveness of its watershed enhancement
				efforts by incorporating and accommodating land use objectives as prescribed in
				acknowledged comprehensive plans.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0025 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules will apply to Board actions authorized and governed
				by OAR chapter 695.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0030 - Compliance with Statewide Planning Goals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in section (2) of this
			 rule, Board actions will comply with the Statewide Planning Goals by ensuring
			 compatibility with acknowledged comprehensive plans as described in these rules
			 and OAR chapter 695.
(2) The Board
			 will adopt findings that its actions comply with the Statewide Planning Goals
			 if:
(a) An acknowledged comprehensive plan
			 does not contain:
(A) Requirements or
			 conditions specifically applicable to a Board action; or
(B) General provisions, purposes, or
			 objectives which would be substantially affected by the action; or
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0035 - Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will assure that its actions
			 are compatible with acknowledged comprehensive plans by following provisions
			 established in OAR chapter 695. These provisions will:
(a) Require grant applicants to obtain and
			 submit land use information with the application package; and
(b) Preclude the distribution of grant awards
			 until the planning directors of affected counties or cities verify that: the
			 project is allowed by and compatible with comprehensive plans; and, all local
			 land use approvals have been issued.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0040 - Compliance of New or Amended Rules and Programs and their Compatibility with Acknowledged Comprehensive Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Board will examine proposals to amend or add to its rules and programs to
			 determine if they affect any use as prescribed in OAR 660-030-0005(2). The
			 Board may approve supplementary criteria for use in making its
			 determination.
(2) The Board will
			 notify the Department of Land Conservation and Development and any local
			 governments relying on the Board for goal compliance as provided in OAR
			 660-030-0085  of all pending rule or program changes which are found to affect
			 land use as described in section (1) of this rule. The notice will describe:
(a) The proposal;
(b) How the proposal affects land
			 use;
(c) How the proposal provides
			 for compliance with the Goals and compatibility with comprehensive plans;
			 and
(d) A date until which the
			 Board will accept written and oral comment on the proposal.
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0045 - Coordination with State and Federal Agencies and Special Districts

Current through Register Vol. 63, No. 7, July 1, 2024
The Board will coordinate its actions with state and federal
				agencies and special districts as required in OAR 660-030-0060(c)  by complying
				with the interagency coordination provisions in ORS
				541.890 through
				541.972. These provisions
				include:
(1) Encouraging individuals,
			 organizations and agencies to work jointly on watershed enhancement
			 programs.
(2) Coordinating the
			 development of local watershed enhancement programs and projects.
(3) Coordinating the implementation of
			 enhancement projects with the activities of the Natural Resources Division of
			 the Oregon Department of Agriculture, and other affected local, state and
			 federal agencies.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 695 - OREGON WATERSHED ENHANCEMENT BOARD › Division 50 - COMPLIANCE, COMPATIBILITY, COORDINATION, AND › Section 695-050-0050 - Cooperation with, and Technical Assistance to, Local Governments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board will
			 place a high priority on cooperating with and providing technical assistance to
			 participating agencies as prescribed in ORS
			 541.890 through
			 541.972.
(2) The Board will maintain information
			 relating to watershed management and enhancement.
(3) The Board will coordinate its
			 participation in periodic review of comprehensive plans with the Water
			 Resources Department pursuant to provisions in the Department's certified state
			 agency coordination program.
Stat. Auth.: ORS541.906
Stats. Implemented: ORS541.890 -
				  541.969
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules guide the Oregon Agricultural Heritage Commission
				and the Oregon Watershed Enhancement Board in fulfilling their duties in
				administering the Oregon Agricultural Heritage Program (OAHP) under the
				provisions of ORS 541.977-ORS 541.989. The OAHP includes grants for
				conservation management plans, working land conservation covenants and
				easements, technical assistance, and succession planning.
The purpose of OAHP is to contribute to the public benefits
				of:
(1) Increased economic viability
			 of Oregon's agricultural operations and economic sector;
(2) Reduced conversion and fragmentation of
			 Oregon's working land; and
(3)
			 Enhanced fish or wildlife habitat, water quality, and other natural resources
			 on Oregon's working land.
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 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agricultural landowner or operator"
			 means a landowner, operator, manager or other person having responsibility for
			 exercising control over the day-to-day operation of a farm or ranch.
(2) "Board" means the Oregon Watershed
			 Enhancement Board created under ORS 541.900.
(3) "Commission" means the Oregon
			 Agricultural Heritage Commission created under ORS 541.986.
(4) "Conservation management plan" means
			 specific actions planned for working lands to improve or maintain the
			 agricultural and natural resource values. A conservation management plan is
			 independent of a working lands covenant or easement.
(5) "Conservation management plan holder"
			 means an entity that is eligible to hold a conservation management plan that is
			 or would be responsible for developing, implementing, monitoring or enforcing
			 the agreement under an OAHP grant agreement.
(6) "Conversion":
(a) "Conversion" means:
(A) Cessation of accepted farming
			 practices;
(B) Construction of
			 dwellings not occupied by farm operators or workers or other structures not
			 related to agriculture;
(C) Removal
			 of infrastructure required for accepted farming practices unless necessary to
			 accommodate a change in accepted farming practices; or
(D) Cancelling or transferring rights to use
			 water for irrigation in a manner that reduces the long-term viability of
			 agriculture on the working land.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0030 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 must be submitted on the most current form. Current applications will be made
			 available on the OWEB website. An explanation must accompany the application if
			 any of the information required on the application cannot be provided. In
			 addition to the information required in the application, an applicant may
			 submit additional information that will aid the Commission in evaluating the
			 project.
(2) All applicants for
			 Oregon Agricultural Heritage Program grants shall supply the following
			 information:
(a) Names, physical and email
			 addresses, and telephone numbers of the applicant contact person(s) and the
			 fiscal officer(s);
(b) Name and
			 address of participating agricultural landowners or operators;
(c) Name and location of the proposed
			 project. For conservation management plan and easement/covenant projects the
			 location shall be described in reference to the public land survey, latitude
			 and longitude using decimal degrees, North American Datum 1983, county,
			 watershed, stream, or stream mile, as appropriate;
(d) Estimated line item budget for the
			 project using the most current budget form prescribed by the Commission.
			 Current budget forms are available on the OWEB website;
(e) Identification of specific project
			 elements for which OAHP funds will be used;
(f) A description of any non-OAHP funds,
			 services or materials available or secured for the project and any conditions
			 which may affect the completion of the project;
(g) If the project is part of a multi-year
			 project, and a new funding request continues a previously Commission-funded
			 activity, a description of the previous project accomplishments and results as
			 well as an accounting of past expenditures and revenues for the
			 project;
(h) Identification of
			 volunteers and partners (if any) and the contribution they will make to the
			 project;
(i) A project schedule,
			 including times of project beginning and completion; and
(j) Any information requested that is
			 necessary to evaluate the project based on the evaluation criteria for that
			 project type.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0040 - Application Processsing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Project
			 applications will be reviewed based on application completeness and the
			 evaluation criteria adopted by the Board for each grant type in these
			 rules.
(2) The Commission may
			 require additional information to aid in evaluating and considering a proposed
			 grant project.
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 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0050 - Grant Agreement Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 will enter into new grant agreements with prior grantees only if all reporting
			 obligations under earlier agreements have been met.
(2) If the grant agreement has not been fully
			 executed by all the parties within one year of Board approval, funding shall be
			 terminated. The money allocated to the grant shall be available for
			 reallocation by the Board.
(3) The
			 Director shall establish grant agreement conditions for each grant type.
			 Grantees shall comply with all grant agreement conditions.
(4) The grantee shall comply with all
			 federal, state and local laws and ordinances applicable to the work to be
			 completed under the agreement.
(5)
			 Upon notice to the grantee in writing, the Director may terminate funding for
			 projects not completed in the prescribed time and manner. The money allocated
			 to the project but not used will be available for reallocation by the
			 Board.
(6) The grantee will account
			 for funds distributed by the Board, using project expense forms provided by
			 OWEB.
(7) The grantee will obtain
			 all necessary permits and licenses from local, state or federal agencies or
			 governing bodies and provide a copy of each permit or license to the
			 Board.
(8) The Board may place
			 additional conditions in the grant agreement as necessary to carry out the
			 purpose of the program, including:
(a) An
			 enforceable agreement by the agricultural landowner or operator for continued
			 access by OWEB and its designees for monitoring the project after
			 completion;
(b) An enforceable
			 agreement by the grantee to maintain the project for a period of time
			 commensurate with the project approved by the Board;
(c) An enforceable agreement to supply future
			 reports on the project as required; and
(d) Such other conditions as the Board deems
			 appropriate to the particular circumstances of the project.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0060 - Use of Restricted Funding

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may accept contributions to the Oregon Agricultural
				Heritage Fund from any public or private source and may agree to any conditions
				for the expenditure of those contributions that are consistent with the purpose
				of the fund as specified in ORS 541.977 - ORS 541.989.
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 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0070 - Distribution of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 may withhold payments to a grantee if there are significant and persistent
			 difficulties with satisfying Board requirements.
(2) Funds will be released upon presentation
			 of a completed fund release request form accompanied by documents as determined
			 by the Director, and proof of completion of specific work elements of the
			 project as identified in the grant agreement.
(3) Advance funds may be released upon
			 presentation of a detailed estimate of expenses for up to 120 days. Within 120
			 days of the date of the advance check, receipts or invoices for the advance
			 must be submitted, a justification to extend the advance must be approved, or
			 the unexpended advance funds must be returned to the Commission. Additional
			 funds will not be released until receipts for expenditures of previous fund
			 releases are submitted, or an estimate of expenditures is approved by the
			 Director.
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 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0080 - Funding Decision Reconsideration by Board

Current through Register Vol. 63, No. 7, July 1, 2024
In the event that the Director determines a grantee has not met
				conditions imposed by the Board, the Director shall forward the determination
				in writing to the Board for its consideration. The grantee 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.
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 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0090 - Technical Committees

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to technical committees established by the
				Commission to rank and evaluate conservation management plan and working land
				conservation covenant and easement grant applications, the Commission may
				establish any technical committees it considers necessary to aid and advise the
				Commission in the performance of its functions, in compliance with ORS
				541.988(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 5 - OREGON AGRICULTURAL HERITAGE PROGRAM ADMINISTRATION › Section 698-005-0100 - Waiver and Periodic Review of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive the requirements of Division 005 unless
				required by statute, when doing so will result in more efficient or effective
				implementation of the Oregon Agricultural Heritage 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
				the Oregon Agricultural Heritage Program 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 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of a conservation management plan as defined in OAR
				698-005-0020(4)  is to develop and implement conservation measures or other
				protections for maintaining or enhancing fish or wildlife habitat, water
				quality or other natural resource values in a manner consistent with the social
				and economic interests and abilities of the agricultural landowner or operator.
				The plan may include provisions for addressing particular priorities related to
				natural resource values, including but not limited to soil, water, plants,
				animals, energy and human need considerations. The Conservation Management Plan
				Grant Program funds the development, implementation, and monitoring of
				conservation management plans (plans) entered into by agricultural landowners
				or operators and conservation management plan holders to manage working land in
				a manner that contributes to the purpose of OAHP 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 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Mutual Modification" means a change to a
			 conservation management plan that is:
(a)
			 Material to the plan as defined in Section 0120(5); and
(b) Agreed to by the agricultural landowner
			 or operator implementing the plan and the conservation management plan
			 holder.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0030 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
1) Eligible applicants for Conservation
			 Management Plan Grants are:
(a) Entities
			 eligible to hold a conservation easement as defined in ORS 271.715, other than
			 a state agency;
(b) Watershed
			 councils; and
(c) Not-for-profit
			 organizations other than a state agency.
Oregon Administrative Rules › Chapter 698 - OREGON WATERSHED ENHANCEMENT BOARD, OREGON AGRICULTURAL HERITAGE PROGRAM › Division 10 - CONSERVATION MANAGEMENT PLANS › Section 698-010-0040 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
Conservation Management Plan Grant applications shall:
(1) Be consistent with OAR 698-005;
			 and
(2) Include the duration and any
			 terminating events for 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 698-010-0050 - Match Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applicants shall demonstrate that some portion of the proposal is being sought
			 as match.
(2) The following funds
			 and activities qualify as match:
(a) In-kind
			 contributions to activities listed under OAR 698-010-0060;
(b) Funding commitments made by others as a
			 result of grant applicant efforts; and