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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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OREGON WATERSHED ENHANCEMENT BOARD

 

DIVISION 40

OUTCOME-BASED WATERSHED COUNCIL OPERATING CAPACITY GRANTS

695-040-0010

Purpose

(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
Hist.: OWEB 3-2004, f. & cert. ef. 9-20-04; OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0020

Definitions

(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
Hist.: OWEB 2-2004, f. 4-6-04 cert. ef. 4-12-04; OWEB 3-2004, f. & cert. ef. 9-20-04; OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0030

Eligibility Criteria

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.

(2) Geographic Area:

(a) A geographic area served by a council or group of councils can change. However, to be eligible, OWEB shall determine that a council or group of councils serves an area:

(A) In which a council or group of councils previously received a Watershed Council Support Grant or Council Capacity Grant; and

(B) Which is the same or larger than the geographic area served by a council or group of councils as of July 1, 2013.

(b) In addition, for the purposes of this eligibility criteria:

(A) The geographic area shall include a minimum population of 500 individuals within its designated boundary or boundaries; and

(B) No more than one applicant is eligible for the same geographic area.

(3) The council’s governing body has adopted a Council Action Plan: Minimum criteria for Council Action Plans 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 in Board meeting materials.

(4) The council shall demonstrate at least one of the following:

(a) It is registered with the State of Oregon;

(b) It has a written fiscal sponsorship agreement with a 501(c)(3) organization; or

(c) It has a written fiscal sponsorship agreement with a Soil and Water Conservation District, city, county, or tribal government.

(5) Organizational Structure and Business Operations: If OWEB determines a watershed council or group of councils meets the relevant eligibility criteria in sections 1 through 4 above, OWEB shall determine whether the governing documents adopted by the council or group of councils include the elements described in this section.

(a) The council’s governing body has adopted bylaws or a charter that includes the following:

(A) A declaration that the council’s mission aligns with OWEB’s purpose as described in the Oregon Constitution and statutes. At a minimum, the bylaws or charter shall indicate that a primary purpose of the council is to work collaboratively with communities and landowners to develop and carry out voluntary watershed protection, restoration, enhancement, and community engagement activities;

(B) How the governing body is selected;

(C) Titles of officers, e.g., Chair, President, Secretary, Treasurer;

(D) How officers are selected;

(E) Who is eligible for the governing body;

(F) Who is eligible to be an officer;

(G) Length of service on governing body;

(H) Length of service for officers;

(I) Powers of governing body;

(J) Powers of officers;

(K) Minimum number or frequency of governing body meetings;

(L) Decision making process of governing body;

(M) A statement that the council intends its governing body to include a diverse range of geographic areas and community interests in the watershed in order to engage a balance of interested and affected persons within the watershed as required by ORS 541.910(2); and

(N) A process for amending the bylaws or charter.

(O) If the council is a membership organization, in addition to A-N above the bylaws or charter shall include the following:

(i) Who is eligible for membership;

(ii) When membership meetings will occur;

(iii) The decision making role of the membership; and

(iv) A process to remove members or terminate the voting rights of members.

(b) The council’s governing body has adopted policies and/or procedures that include the following:

(A) A list of the geographic areas and community interests the council intends to include on its governing body in order to engage a balance of interested and affected persons within the watershed pursuant to ORS 541.910(2);

(B) A policy that the council operates as an open and inclusive organization, including inviting the public to council meetings, and, upon request, providing the public with records of its meetings and decisions;

(C) A policy that the council, or its fiscal sponsor, uses Generally Accepted Accounting Principles; and

(D) A policy that the council does not rely on litigation to compel regulatory enforcement as a means to implement its mission.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
Hist.: OWEB 2-2004, f. 4-6-04 cert. ef. 4-12-04; OWEB 3-2004, f. & cert. ef. 9-20-04; OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0090

Eligibility Determination

(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
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0100

Application Requirements

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
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0110

Merit Evaluation

(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).

(3) Merit evaluation shall include reviews for:

(a) Prior performance;

(b) Progress in accomplishing council work plans that is demonstrated over time; and

(c) Demonstration of progress toward the objectives described in section 2 above, as set forth in guidance adopted by the Board.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0120

Board Action on Eligible Applications

(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.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0130

Use of Funds

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
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0140

Grant Agreement Conditions

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
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

695-040-0150

Waiver of Rules

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
Hist.: OWEB 1-2014, f. & cert. ef. 8-6-14

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