1. (1) Eligible Applicants are any local, State of Oregon, or federal agency, Tribe(s), 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. (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. (3) A Grantee may only expend monies granted from the PFA Grant Program as authorized by a signed agreement with the Department for a purpose(s) authorized by these rules.
4. (4) Funding from the PFA Grant Program shall not be used for any prior or current compensatory mitigation obligations. Habitat projects funded by the PFA Grant Program cannot be used for the purpose of generating compensatory mitigation credits to offset or account for other compensatory mitigation obligations.

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

   1. (a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms,
   2. (b) Placing logs or other wood-based material in streams to promote natural stream functions,
   3. (c) Conserving, recruiting, restoring, or reintroducing beavers and their habitats for the benefit of covered species,
   4. (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,
   5. (e) Applying restoration treatments to stands of trees to enhance or restore historic species diversity that benefits riparian function,
   6. (f) Supporting establishment of conservation easements on land other than forestland to protect riparian areas.
   7. (g)  Supporting acquisition of an existing water right for conversion to an in-stream water right, as described in ORS 537.348, to improve in-stream flow conditions.
   8. (h) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs for covered species,
   9. (i) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms,
   10. (j) Undertaking other measures that effectively conserve or restore habitat for covered species.
   11. (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.
   12. (l) Supporting the restoration of instream flows to improve conditions for covered species through a variety of methods including those described in ORS 537.348 and other transaction-based and infrastructure upgrade-based approaches to restoring streamflow.
6. (6) Funds from the PFA Grant Program may be allocated to projects outside the standard grant solicitation process, based on criteria established by OAR 635-097-0070, 635-097-0080, 635-097-0090 and 635-097-0110.
7. (7) When development or implementation of community engagement plans are funded as part of a project, a recipient of water project support that is a local organization or local government must use the 10 Best Practices for Community Engagement around Water Projects (found on Oregon.gov) to invite and support meaningful involvement by representatives of disproportionately impacted communities in water projects funded through the PFA.

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

History

DFW 74-2025, amend filed 08/20/2025, effective 08/20/2025
DFW 80-2023, adopt filed 08/10/2023, effective 08/10/2023