Or. Admin. Code § 695-040-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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.

Or. Admin. Code § 695-040-0030

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

Stat. Auth.: ORS 541.906

Stats. Implemented: ORS 541.918, 541.926(1)(e), 541.923 & 541.910