ORS 541.973
Stewardship agreements

  • contents
  • procedures for adoption
  • rules

(1)

As used in this section, “stewardship agreement” means an agreement voluntarily entered into and signed by a landowner, or representative of the landowner, and the State Department of Agriculture or the State Board of Forestry that sets forth the terms under which the landowner will self-regulate to meet and exceed applicable regulatory requirements and achieve conservation, restoration and improvement of fish and wildlife habitat or water quality.

(2)

The State Department of Agriculture and the State Board of Forestry may, individually or jointly, enter into stewardship agreements with landowners.

(3)

The purposes of a stewardship agreement are to provide:

(a)

An incentive for landowners to provide for conservation, restoration and improvement of fish and wildlife habitat or water quality;

(b)

A mechanism to coordinate, facilitate and memorialize a landowner’s compliance with the requirements of state and federal regulatory schemes; and

(c)

A mechanism to combine or coordinate multiple incentive programs among agencies and levels of government to:

(A)

Improve the delivery of financial and technical assistance to landowners engaged in conservation activities;

(B)

Reduce redundancy among programs;

(C)

Simplify application procedures;

(D)

Leverage the investment of federal funds;

(E)

Make more efficient use of technical assistance funds;

(F)

Provide greater incentives for landowners;

(G)

Foster partnerships and improve cooperation with nongovernmental organizations;

(H)

Provide greater environmental benefits;

(I)

Tailor and more effectively target conservation programs administered by federal, state and local governments to the unique conservation needs of, and opportunities presented by, individual parcels of eligible land; and

(J)

Give landowners an increased level of regulatory certainty.

(4)

The State Board of Forestry and the State Department of Agriculture, in consultation with the State Department of Fish and Wildlife, shall adopt by rule procedures and criteria for stewardship agreements. The procedures and criteria shall include, but need not be limited to:

(a)

The certification of a land management plan which shall, at a minimum, include:

(A)

A comprehensive description and inventory of the subject property, its features and uses; and

(B)

A prescription for the protection of resources that exceeds land management practices, standards and activities otherwise required by law and that is designed to achieve conservation, restoration and improvement of fish and wildlife habitat or water quality.

(b)

A requirement that each landowner subject to a stewardship agreement demonstrate a clear capability to carry out the provisions of the land management plan and have a past record of good compliance with applicable laws and regulations regarding land use and management.

(5)

Each government agency that is a party to a stewardship agreement shall conduct periodic audits on lands subject to the stewardship agreement to determine whether the land management plan is being implemented and whether the agreement should be continued, revised or discontinued.

(6)

Stewardship agreements may provide benefits to landowners that include, but are not limited to:

(a)

Expedited permit processing;

(b)

Regulatory certainty;

(c)

Priority consideration for cost-share assistance or other financial incentives and technical assistance; and

(d)

Government certification that certain land management practices have been implemented.

(7)

Within a stewardship agreement and on a case-by-case basis, the State Department of Agriculture or the State Board of Forestry may provide a landowner with an increased level of regulatory certainty regarding state rules. The stewardship agreement may identify specific voluntary landowner actions that exceed regulatory requirements. In return, the State Department of Agriculture or the State Board of Forestry may agree to exempt the landowner from future changes to a specific rule.

(8)

The State Department of Agriculture and the State Board of Forestry may, individually or jointly, make a binding determination that activities undertaken by a particular landowner, or a representative of the landowner, as part of a stewardship agreement are consistent with the purposes and policies of any relevant Safe Harbor Agreements or Candidate Conservation Agreements entered into between the State of Oregon and agencies of the United States Government, pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and federal regulations. [Formerly 541.423]
Note: 541.973 (Stewardship agreements) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 541 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 541.973 — Stewardship agreements; contents; procedures for adoption; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors541.­html.

541.010
Furnishing of water for certain purposes declared to be a public use
541.020
Construction of ditches and canals by corporation
541.030
Ditches and canals across state lands
541.040
Headgate
541.050
Leakage or overflow
541.055
District liability for seepage and leakage from water or flood control works
541.060
Waste of water
541.070
Ditches, canals and flumes as real estate
541.080
Suits involving water rights
541.110
Use of water to develop mineral resources and furnish power
541.120
Ditches and canals through lands
541.130
Right of way for ditches across state lands
541.220
Survey of stream system
541.230
State lands within irrigated area
541.240
Right of way for ditches and canals
541.250
Cession to United States not rescinded
541.310
Suits for determination of rights
541.320
Decrees adjudicating rights
541.325
Definitions for ORS 541.327 to 541.333
541.327
Failure or refusal of district to act
541.329
Petition for approval of district map
541.331
Protest against approval of petition
541.333
Application for change of place of use, point of diversion or use
541.386
Dams and use of water for hydroelectric generation on North Umpqua prohibited
541.393
Responsibility of government entity for repair or maintenance costs of dams on North Umpqua
541.430
Use of machinery by riparian owner to raise water
541.450
Definitions for ORS 541.450 to 541.460
541.455
Splash dams unlawful
541.460
Abatement proceedings by Attorney General
541.510
Authority of Water Resources Commission to require signs warning public of stream level fluctuation
541.515
Notice by commission when hazard created by release of stored water
541.520
Procedure when owner or operator of structure fails to request hearing
541.525
Hearing upon request of owner or operator of structure
541.530
Order of commission regulating release of water
541.535
Installation of automatic stream level recording devices
541.540
Procedure in emergency when release of water essential
541.545
Compliance with orders of commission
541.551
Requirements for providers of water project support
541.561
Establishment of grant program
541.566
Planning studies eligible for grants or direct service cost payments
541.576
Water Conservation, Reuse and Storage Investment Fund
541.581
Rules for grant and direct service cost payment program
541.651
Definitions for ORS 541.651 to 541.696
541.653
Purpose and application of ORS 541.651 to 541.696
541.656
Water Supply Development Account
541.657
Exemptions for certain expenditures of moneys from Water Supply Development Account
541.659
Loan and grant applicants
541.663
Preapplication conferences
541.666
Form and contents of loan or grant applications
541.669
Scoring and ranking of projects
541.673
Evaluation for public benefits of project
541.677
Target outcomes for scoring and ranking criteria
541.681
Conditions of grants for developing certain types of above-ground storage facilities
541.683
Demonstration of public benefits of project
541.686
Protection of project water dedicated to in-stream use
541.689
Projects requiring determination of seasonally varying flows
541.692
Permits
541.696
Standards for security of loans from account
541.700
Definitions for ORS 541.700 to 541.855
541.703
Project applications
541.705
Project applications
541.710
Processing project application
541.715
Applicant authorized to obtain private planning, engineering and construction services
541.720
Conditions for project application approval
541.730
Loan contract
541.735
Payment of funds by State Treasurer pursuant to loan contract
541.740
Liens and other loan security
541.741
Recovery of certain interest amounts
541.745
Remedies of commission when water developer fails to comply with contract
541.750
Repayment of moneys to Water Development Administration and Bond Sinking Fund
541.756
Projects obtaining other funds for construction
541.760
Reduction of loan amount when secondary use funding available
541.765
Authorization for loans for certain federal projects
541.770
Federal project loan contract terms
541.780
Bonds to provide project financing
541.785
Disposition and use of bond proceeds
541.800
Payment of bond principal and interest from Water Development Administration and Bond Sinking Fund
541.815
Limitation on bond issuance amount
541.830
Water Development Administration and Bond Sinking Fund
541.835
Water Development Fund
541.840
Emergency Board request for funds to pay administrative expenses
541.845
Rules
541.850
Commission acceptance of gifts or grants
541.855
Biennial report to Legislative Assembly and Governor
541.890
Definitions for ORS 541.890 to 541.969
541.895
Legislative findings
541.898
Oregon Plan described
541.900
Oregon Watershed Enhancement Board
541.902
Executive director of Oregon Watershed Enhancement Board
541.904
Authority of executive director to enter into interagency agreements
541.906
Rules
541.910
Voluntary local watershed councils
541.912
Duties of Natural Resources Division
541.916
Responsibilities of state agency participating in Oregon Plan
541.918
Implementation of grant programs
541.923
Watershed management program
541.926
Duties of board
541.929
Duties of board
541.932
Watershed enhancement project assistance
541.934
Grant recipient liability insurance
541.935
Oregon Plan for Salmon and Watersheds Legal Fund
541.937
Flexible Incentives Account
541.940
Parks and Natural Resources Fund
541.942
Natural Resources Subaccount
541.945
Watershed Conservation Operating Fund
541.947
Watershed Conservation Grant Fund
541.949
Authority of board to accept moneys
541.950
Authority of Governor to accept moneys
541.956
Watershed Conservation Grant Fund purposes
541.958
Criteria for project receiving moneys from Watershed Conservation Grant Fund
541.960
Title restrictions on land purchased through grant agreement
541.963
Oregon Watershed Enhancement Board report to Legislative Assembly
541.967
Agency report to legislative committee prior to adjustment of expenditure limitation or additional funding related to Oregon Plan
541.969
Report to Legislative Assembly by state agencies receiving subaccount moneys
541.972
Oregon Watershed Enhancement Board reports to Governor and Legislative Assembly on Oregon Plan
541.973
Stewardship agreements
541.974
Stewardship Agreement Grant Fund
541.975
Criteria for funding projects from Stewardship Agreement Grant Fund
541.977
Definitions for ORS 541.977 to 541.989
541.978
Oregon Agricultural Heritage Fund
541.979
Expenditures from Oregon Agricultural Heritage Fund
541.981
Conservation management plans for working lands
541.982
Working land conservation covenants and easements
541.984
Grant programs
541.986
Oregon Agricultural Heritage Commission
541.987
Commission organization and membership
541.988
Commission rules
541.989
Commission duties
541.990
Penalties
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