Or. Admin. Code § 635-097-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 635-097-0070 - Private Forest Accord Mitigation Fund Project Eligibility and Authorized Use of Grant Funds

(1) Eligible Applicants are any local, State of Oregon, or federal agency, Tribe, political subdivision of this state, college or university, non-profit or private corporation, or limited liability corporation. Individuals may partner with an eligible entity.

(2) An applicant may be deemed ineligible by the Department if they have had a previous project revoked for reasons listed in OAR 635-097-0100.

(3) A Grantee may only expend monies granted from the PFA Mitigation Fund as authorized by a signed agreement with the Department for a purpose(s) authorized by these rules.

(4) Funding from the PFA Mitigation Fund shall not be used for any prior or current compensatory mitigation obligations. Habitat projects funded by the PFA Mitigation Fund cannot be used for the purpose of generating compensatory mitigation credits to offset other compensatory mitigation obligations.

(5) Eligible projects include, but are not limited to:

(a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms,

(b) Placing logs or other wood-based material in streams to promote natural stream functions,

(c) Conserving, recruiting, restoring, or reintroducing beavers and their habitats for the benefit of HCP-covered species,

(d) Developing or sustaining healthy watersheds including riparian corridors, wet meadow complexes and forested uplands thereby reducing burn intensity during fires and protecting streams from excess sediment discharge after a wildfire,

(e) Applying restoration treatments to stands of trees to enhance or restore historic species diversity that benefits riparian function,

(f) Supporting acquisition of land, and interests in land including conservation easements, to protect, enhance, or restore riparian areas or other critical habitat functions for HCP-covered species,

(g) Acquisitions which result in legally protected instream flow to maintain or restore streamflows for the benefit of habitat for HCP-covered species,

(h) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs for HCP-covered species,

(i) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms,

(j) Undertaking other measures that effectively conserve or restore habitat for species covered by the HCP that is consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, and

(k) Projects may include funding requests for monitoring, maintenance, and permit administrative costs. Applicants may request reimbursement of pre-project costs if directly associated with the proposed activities in the grant.

Or. Admin. Code § 635-097-0070

DFW 80-2023, adopt filed 08/10/2023, effective 8/10/2023

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & Oregon Laws 2022, Chapter 33, Sections 30-32

Statutes/Other Implemented: ORS 496.012 & Oregon Laws 2022, Chapter 33, Sections 30-32