1. (1) Eligible uses for the State Agency Program Fund include:

   1. (a) Projects or purposes consistent with the terms of the Monsanto Settlement Agreement which include restoring, maintaining, and enhancing the quality of Oregon’s air, land, water and other natural resources and consist of but are not limited to projects that:

      1. (A) Have a nexus or connection with brownfields remediation or redevelopment;
      2. (B) Conduct environmental or natural resource damage assessment or restoration;
      3. (C) Result in improvements to air and water quality;
      4. (D) Clean up contaminated sites;
      5. (E) Remediate impaired water bodies, sediments or soil;
      6. (F) Restore or protect wildlife or wildlife habitats including fish, aquatic life, marine mammal or bird habitats.

   2. (b) Activities that are a component of the projects and purposes described in section (1)(a) of this rule may include but are not limited to:

      1. (A) Acquisition of interests in land or water. Land or water acquired must be from a willing seller;

      2. (B) Education or outreach activities specific to the restitution or remediation project related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources; this may include but is not limited to:

         1. (i) Signage and other materials to educate or provide information about eligible projects;
         2. (ii) Stipends for volunteers, community members, or other advisory group members providing advisory services as part of the eligible project planning, scoping, or outreach.
      3. (C) Monitoring activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;
      4. (D) Restoration or remediation activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;
      5. (E) Technical assistance activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;
      6. (F) Capacity or staffing costs to carry out the project activities included in this section;
      7. (G) Indirect costs to carry out the project activities included in this section.
   3. (c) Match for federal funds or other funding sources used for programs or projects consistent with section (1)(a) of this rule.
   4. (d) Supplementing existing programs or projects consistent with section (1)(a) of this rule.

2. (2) Ineligible uses of State Agency Program Fund include:

   1. (a) As a replacement to funds from other existing sources.
   2. (b) For uses not consistent with the projects and purposes included in section(1)(a) of this rule or not otherwise determined by the Council to be a project to restore, maintain and enhance the quality of Oregon’s air, land, water, and other natural resources.

Statutory/Other Authority

541.869

Statutes/Other Implemented

541.857 - 541.882

History

ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026