Oregon Secretary of State

Oregon Watershed Enhancement Board

Oregon Agricultural Heritage Program - Chapter 698

Division 20
Working Land Technical Assistance Grants

698-020-0010
Purpose

The purpose of technical assistance grants is to provide assistance to organizations that are eligible to enter into agreements resulting in conservation management plans, or that acquire or propose to acquire working land conservation covenants or working land conservation easements. Grant funding must support the public benefits in OAR 698-005-0010.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0020
Definitions

(1) "Technical assistance" means supporting the development of working land projects or programs as described in ORS 541-981 and division 010 (conservation management plans) and ORS 541-982 and division 015 (working land conservation covenants and easements).

(2) “Young or beginning farmer or rancher” means someone who has been an agricultural landowner or operator for 10 consecutive years or fewer, or an agricultural landowner or operator who is 35 years old or younger.

(3) “Socially disadvantaged farmer or rancher” means an agricultural landowner or operator who is a member of a group whose members have been subjected to racial or ethnic prejudice because of their identity as members of a group without regard to their individual qualities. Those groups include African Americans, American Indians or Alaskan natives, Hispanics, and Asians or Pacific Islanders.

(4) “Veteran farmer or rancher” means a person who served in United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including the reserve components thereof, and who was discharged or released therefrom under conditions other than dishonorable.

(5) “Limited Resource Farmer or Rancher” means an applicant with direct or indirect gross farm sales that are not more than the current indexed value in each of the previous 2 years, and who has a total household income at or below the national poverty level for a family of four, or less than 50 percent of county median household income in each of the previous 2 years. An entity or joint operation can be a Limited Resource Farmer or Rancher if all individual members independently qualify.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0030
Eligibility

(1) Eligible applicants for Technical Assistance Grants are eligible to enter into agreements resulting in a conservation management plan under division 010 or acquire a working land conservation covenant or easement under division 015.

(2) Individual agricultural landowners or operators are not eligible to apply for a Technical Assistance Grant.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0040
Application Requirements

Technical Assistance Grant applications shall be consistent with OAR 698-005.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0050
Technical Assistance Activities

(1) Technical Assistance Grant funding cannot be used to fund specific conservation management plans, working land conservation covenants, or working land conservation easements.

(2) The Commission will only consider technical assistance projects that will lead to or are likely to lead to the development of conservation management plans, working land conservation covenants, or working land conservation easements.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0060
Evaluation Criteria

(1) The extent to which the proposal will improve upon the ability of the entity or its partners to enter into conservation management plans, or acquire working land conservation covenants or easements.

(2) The extent to which the outcomes of the technical assistance project would lead to activities that:

(a) Protect, maintain, or enhance farming or ranching on working land;

(b) Protect, maintain, or enhance significant fish or wildlife habitat, water quality, appropriate seasonal water flows, appropriate water retention, or other natural resource values;

(c) Protect, maintain, or enhance significant agricultural outcomes, benefits, or other investment gains;

(d) Maximize the benefit to the state based on the ability to leverage grant moneys; and

(e) Limit negative and maximize positive impacts on owners or operators of neighboring lands.

(3) The extent to which the applicant demonstrates a plan to engage one or more underserved populations, including young or beginning farmers or ranchers, socially disadvantaged farmers or ranchers, veteran farmers or ranchers, or limited resource farmers or ranchers.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0070
Technical Review and Funding Process

(1) Applications shall be evaluated according to criteria described in OAR 698-020-0060.

(2) The Commission shall appoint one or more technical committees to evaluate and rank applications for grants for working land conservation covenants and easements. Those rankings will be provided to the commission to inform the commission’s final ranking and funding recommendations to the OWEB Board.

(3) If a technical committee is used, the technical committee shall provide ranking recommendations to OWEB staff, who will review technical committee recommendations and provide funding recommendations to the Commission. If a technical committee is not used, OWEB staff will provide funding recommendations to the Commission.

(4) The Commission shall make funding recommendations to the Board based on the availability of funding from the Oregon Agricultural Heritage Fund.

(5) The Board approves Technical Assistance Grants. The Board may fund a grant application in whole or in part.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0080
Grant Agreement Conditions

(1) The grantee must agree to complete the project as approved by the Board and within the timeframe specified in the grant agreement unless proposed modifications are submitted and approved by the Director prior to the beginning of any work proposed in the modification.

(2) The Director may consider project modifications, including expansion of funded projects with moneys remaining from the original project allocation, if the purpose and intent of the amendment remains the same as the original project and the proposed activity is within the same geographic area.

(3) The Director may authorize minor changes within the scope of the original project plan.

(4) The grantee must submit a report at completion of the project in accordance with reporting requirements described in the grant agreement.

(5) Rules and conditions in place at the time funding for the Technical Assistance Grant is formally approved shall govern throughout the term of the project unless changes are mutually agreeable to both parties.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019

698-020-0090
Waiver and Periodic Review of Rules

The Director may waive the requirements of Division 020 unless required by statute, when doing so will result in more efficient or effective implementation of the Technical Assistance Grant program. Any waiver must be in writing, included in the grant file to which the waiver applies, and reported to the Commission by the next meeting. The administrative rules for Technical Assistance Grants shall be periodically reviewed by the Commission and revised as necessary and appropriate.

Statutory/Other Authority: ORS 541.984, ORS 541.988, ORS 541.989
Statutes/Other Implemented: ORS 541.977-541.989
History:
OAHP 1-2019, adopt filed 01/28/2019, effective 02/01/2019