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OREGON WATERSHED ENHANCEMENT BOARD

 

DIVISION 45

LAND ACQUISITION GRANTS

695-045-0010

Definitions

(1) “Management Plan” is a description of the planned future management of a property proposed for acquisition that addresses species and habitat management practices, proposed restoration projects, stewardship or monitoring, land uses, public access, and educational or research opportunities on the property.

(2) “Profit” means the 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.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2005, f. & cert. ef. 2-1-05; OWEB 1-2013, f. & cert. ef. 1-30-13

695-045-0020

Purpose

The purpose of this rule is to supplement the OWEB Grant Program rules under OAR 695-005 and to add specific guidance regarding the OWEB land acquisition grant program.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2005, f. & cert. ef. 2-1-05; OWEB 1-2013, f. & cert. ef. 1-30-13

695-045-0160

Nature of Application

In accordance with Section 4(b)(4) of Article XV of the Oregon Constitution, OWEB may consider grant applications that propose the acquisition of interests in lands from willing sellers for the purpose of maintaining or restoring watersheds and habitat(s) for native fish or wildlife. Applications must address the conservation needs of habitat(s) and species consistent with conservation priorities and principles identified by the Board. Interests in land include a lease, purchase of a conservation easement, or purchase of fee simple title.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0165

Application and Subsequent Grant Processing and Agreement Requirements

(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)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0170

Use of Grant Funds

Land acquisition grant funds may be applied towards costs related to the purchase of the property, including:

(1) The purchase price and the purchase option fees associated with the property or conservation easement. 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 loans.

(3) The staff costs incurred as part of the acquisition process related to the property.

(4) The cost of due diligence activities, including appraisal, environmental site assessment, survey, title review 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 legal fees incurred.

(8) The closing fees, including recording and title insurance costs.

(9) The cost of securing and maintaining the conservation values associated with the property in accordance with the application or a Management Plan approved by the Director.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0175

Matching Contributions

(1) All applicants shall demonstrate at least 25% of the actual land 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 695-045-0170, 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.

(d) Funds deposited in a stewardship endowment, before the time that OWEB funds are released for acquisition of the property.

(2) OWEB funds provided under OAR 695-045-0170 shall not qualify as matching contributions.

(3) The Director retains the discretion to determine that specific matching costs are unreasonable in a particular grant context and will not be recognized as qualifying matching costs.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0180

Application Evaluation Process

(1) Land acquisition grant applications shall be evaluated in accordance with guidance adopted and periodically reviewed by the Board and made available to the public via the agency’s website and Board meeting materials.

(2) The grant application evaluation process shall include reviews for:

(a) The consistency of the project with the Board’s established priorities and principles for land acquisitions.

(b) The significance of the projected ecological outcomes.

(c) The capacity of the grant applicant, or intended property manager, to complete the acquisition and to achieve and sustain the proposed ecological outcomes over time.

(d) The soundness of the legal and financial terms of the proposed real estate transaction.

(e) The community impacts or benefits resulting from the project, including those related to jobs, agricultural land use, local property taxes, public access and education.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0185

Board Approval and Delegation of Authority

The Board shall approve grants in accordance with guidance adopted by the Board and 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. Conditionally approved grant funds shall be encumbered for disbursement only after all conditions are fulfilled. The encumbered funds may be made available for other uses by OWEB if all conditions required by the Board are not satisfied within 18 months of the conditional Board approval.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0190

Public Involvement

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.

(3) Comments made at the Board meeting at which the grant application is considered.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0195

Director Funding Approval and Distribution of Funds

(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.

(f) The grant applicant has satisfied the match requirements under 695-045-0175.

(g) The Board is notified in writing of the Director’s intent to distribute the grant funds or hold the grant funds pending Board consideration under 695-045-0200.

(2) Notwithstanding OAR 695-005-0060(1), for grants established under these rules the Director is authorized to reimburse the grant applicant for allowable costs identified in 695-045-0170 and to recognize matching contributions under 695-045-0175that were incurred no earlier than 18 months before the applicable grant application deadline.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0200

Funding Decision Reconsideration by Board

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)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0205

Compliance and Enforcement

(1) The ongoing use of the property acquired with OWEB land acquisition grant funds shall be consistent with the purposes specified in section 4(b) 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 property, and reasonable interest and penalties at the option of the Director.

(2) OWEB, its contractors and cooperating agencies will be provided sufficient legal access to property acquired with OWEB funds, for the purpose of completing inspections and evaluations required under ORS 541.906(2)(c)(A).

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0210

Subsequent Conveyances

Subsequent conveyances of property 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 profit.

Stat. Auth.: ORS 541.906
Stats. Implemented: ORS 541.932(9)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

695-045-0215

Waiver and Periodic Review of Rules

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)
Hist.: OWEB 1-2013, f. & cert. ef. 1-31-13

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