OAR Chapter 699 — Oregon Watershed Enhancement Board, Oregon Watershed Enhancement Board, Environmental Restoration Council

Division 10 Tribal Nation Natural Resource Program Fund

Or. Admin. R. 699-010-0010 Purpose

(1) This Division provides requirements for the Tribal Nation Natural Resource Program Fund.

(2) The Tribal Nation Natural Resource Program Fund provides funds to federally recognized Tribes in Oregon for projects and purposes consistent with the terms of the Monsanto Settlement Agreement.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0020 Definitions

(1) “Available Funds” means the funds available in the Tribal Nation Natural Resource Program Fund for annual distribution. This amount may vary annually and is determined based on the Oregon Environmental Restoration Council’s (Council) most current adopted distribution policy.

(2) “Biennium” means OWEB’s two-year budget cycle that begins July 1 of odd-numbered years.

(3) “Council” means the Oregon Environmental Restoration Council.

(4) “Director” means the Executive Director of OWEB or the Executive Director’s designee.

(5) “Fund” means the Oregon Environmental Restoration Fund.

(6) “Inter-Governmental Agreement” means the legal agreement between OWEB and individual Tribes. It consists of the terms and conditions specified in these rules, the funding mechanism and amount, special conditions to the agreement, and a certification to comply with applicable state and federal regulations.

(7) “Monsanto Settlement Agreement” means the consent general judgement between the State of Oregon and Monsanto Company, along with other defendants, filed in Multnomah County Circuit Court on December 15, 2022.

(8) “PCBs” means the class of polychlorinated biphenyls as defined in ORS 466.505.

(9) “Projects, Programs, and Purposes” all have the same meaning for application of these rules.

(10) “OWEB” means the Oregon Watershed Enhancement Board state agency.

(11) “Tribal Nation Natural Resource Program Fund” is a sub-fund of the Oregon Environmental Restoration Fund that receives 25% of the annual disbursement from the Fund and annually is distributed in equal amounts to the Tribes in Oregon.

(12) “Tribe” or “Tribes” means a federally recognized Indian tribe in Oregon as defined in ORS 182.162.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0030 Inter-Governmental Agreement Conditions

In consultation with affected Tribes, OWEB may place additional conditions into the Inter-Governmental Agreement, consistent with these rules, as necessary to carry out the purpose of the Tribal Nation Natural Resource Program Fund as provided in ORS 541.857-882 including:

(1) Eligible uses of funds;

(2) Reporting requirements necessary to facilitate the Council’s report to the Legislative Assembly pursuant to ORS 541.861.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0040 Eligibility

Eligible recipients for the Tribal Nation Natural Resource Program Fund are Tribes.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0050 Use of Funds

(1) Eligible uses of Tribal Nation Natural Resource Program Fund include:

(a) Must be for 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:

(A) Have a nexus or connection with brownfields remediation or redevelopment;

(B) Conduct environmental or natural resource damage assessment or restoration;

(C) Result in improvements to air and water quality;

(D) Cleanup contaminated sites;

(E) Remediate impaired water bodies, sediments or soil;

(F) Restore or protect wildlife or wildlife habitats including fish, aquatic life, marine mammal or bird habitats.

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

(A) Acquisition of land or water including expenses incurred during escrow, Title Reports, Title Insurance, Legal Review, Surveys, Pro Rata Taxes, Tribal Legal, Environmental Site Assessment, and Appraisal;

(B) Capacity or staffing to carry out project activities;

(C) 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;

(D) Monitoring activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;

(E) Restoration or remediation activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;

(F) Technical assistance activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;

(G) Indirect costs to carry out project activities.

(c) As matching funds for federal or other funding sources used for programs or projects.

(d) May be used to supplement existing programs or projects consistent with (1(a)).

(e) Tribal Nation Natural Resource Program Funds do not need to be expended by Tribes within the biennium they are transferred.

(2) In accordance with OAR 699-010-0060, ineligible uses of Tribal Nation Natural Resource Program Fund include:

(a) As a replacement to funds from other existing sources.

(b) For uses not consistent with the projects and purposes included in (1(a)) 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.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0060 Deference to Tribal Nations Determinations of Eligible Use of Funds

Tribes are sovereign nations, possessing experience and expertise in stewarding natural resources. As such, their determinations that Tribal Nation Natural Resource Program Funds are committed to eligible uses shall be given a high degree of deference by the Council.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0070 Sources of Funds

Moneys in the Tribal Nation Natural Resource Program Fund consist of moneys transferred to the fund from the Oregon Environmental Restoration Fund and moneys deposited or transferred into the fund from any other public or private source.

History

• Statutory/Other Authority: 541.876
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0080 Distribution of Funds

(1) Available funds will be distributed at the beginning of the biennium and additionally as the Tribal Nation Natural Resource Program Fund allows.

(2) At the close of each biennium, any amounts in the Tribal Nation Natural Resource Program Fund that are unexpended, unobligated, and not subject to any conditions shall revert to the Oregon Environmental Restoration Fund.

History

• Statutory/Other Authority: 541.876 & 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0090 Reporting

(1) A Tribe receiving Tribal Nation Natural Resource Program Funds must submit a report to Council biennially.

(2) The report format will be developed in consultation with Tribes and provided to Tribes by OWEB.

(3) The report is due 90 days after the final day of each biennium.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Or. Admin. R. 699-010-0100 Waiver and Periodic Review of Rules

The Director may waive the requirements of Division 10 unless required by statute, when doing so will result in more efficient or effective implementation of the Tribal Nation Natural Resource Program. Any waiver must be in consultation with affected Tribes, included in the fund transfer file records to which the waiver applies, and reported to the Council at the next meeting. The administrative rules for the Tribal Nation Natural Resource Program Fund shall be periodically reviewed by the Council and OWEB and revised as necessary and appropriate.

History

• Statutory/Other Authority: 541.879
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 2-2026, adopt filed 07/22/2026, effective 07/22/2026

Division 20 State Agency Program Fund

Or. Admin. R. 699-020-0010 Temporary rule language in effect until 12/19/2026. Definitions

(1) “Agency” means any state agency in Oregon that has authority to complete projects consistent with the terms of the Monsanto Settlement Agreement.

(2) “Available Funds” means the funds available in the State Agency Program Fund for distribution. This amount may vary between biennia and is determined based on the Oregon Environmental Restoration Council’s (Council) current adopted distribution policy.

(3) “Council” means the Oregon Environmental Restoration Council established in ORS 541.861.

(4) “Fund” means the Oregon Environmental Restoration Fund established in ORS 541.863.

(5) “Monsanto Settlement Agreement” means the settlement agreement between the State of Oregon and Monsanto Company, Pharmacia LLC and Solutia, Inc., effective December 15, 2022 and any modifications thereto.

(6) “OWEB” means the Oregon Watershed Enhancement Board state agency.

(7) “State Agency Program Fund” is a statutorily established fund in ORS 541.867 that receives 50% of the annual disbursement from the Oregon Environmental Restoration Fund.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026

Or. Admin. R. 699-020-0020 Temporary rule language in effect until 12/19/2026. Eligible Recipients

Eligible recipients for the State Agency Program Fund are Agencies.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026

Or. Admin. R. 699-020-0030 Temporary rule language in effect until 12/19/2026. Soliciting and Evaluating Agency Applications

(1) Applications must be submitted in a format prescribed by OWEB.

(2) Applications must:

(a) Establish alignment with the objectives of the Monsanto Settlement Agreement;

(b) Establish alignment with the objectives of ORS 541.857-541.882;

(c) Demonstrate project readiness for implementation including a clear timeline with distinct start and end dates;

(d) Describe interagency collaboration as well as collaboration with external partners as part of the scope of work;

(e) Describe how the proposed work connects to and supports existing statewide plans, frameworks, or policy initiatives;

(f) Describe how the proposed work will result in direct benefits to partnering organizations and/or the public;

(g) Describe how the proposed work will result in outcomes that are beneficial to the environment and/or human health.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026

Or. Admin. R. 699-020-0040 Temporary rule language in effect until 12/19/2026. Eligible Uses of Funds

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

(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:

(A) Have a nexus or connection with brownfields remediation or redevelopment;

(B) Conduct environmental or natural resource damage assessment or restoration;

(C) Result in improvements to air and water quality;

(D) Clean up contaminated sites;

(E) Remediate impaired water bodies, sediments or soil;

(F) Restore or protect wildlife or wildlife habitats including fish, aquatic life, marine mammal or bird habitats.

(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:

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

(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:

(i) Signage and other materials to educate or provide information about eligible projects;

(ii) Stipends for volunteers, community members, or other advisory group members providing advisory services as part of the eligible project planning, scoping, or outreach.

(C) Monitoring activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;

(D) Restoration or remediation activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;

(E) Technical assistance activities related to restoring, maintaining, and enhancing the quality of Oregon’s air, land, water, and natural resources;

(F) Capacity or staffing costs to carry out the project activities included in this section;

(G) Indirect costs to carry out the project activities included in this section.

(c) Match for federal funds or other funding sources used for programs or projects consistent with section (1)(a) of this rule.

(d) Supplementing existing programs or projects consistent with section (1)(a) of this rule.

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

(a) As a replacement to funds from other existing sources.

(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.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026

Or. Admin. R. 699-020-0050 Temporary rule language in effect until 12/19/2026. Award and Allocation of Funds

(1) The Council shall approve allocations of funds to Agencies as consistent with ORS 541.869.

(2) Allocations approved by the Council must not exceed the Available Funds in the State Agency Program Fund for the 2025-2027 biennium.

(3) The Council shall consider funding for applications that have met the evaluation criteria in OAR 699-020-0030(3).

(4) The Council shall, upon the presence of a quorum, approve allocations to the Agencies by majority vote.

(5) Applications that do not receive funding are not eligible to resubmit in the 2025-2027 biennium.

(6) Allocations approved by the Council are a one-time commitment of funds. Allocations are not required to be expended by the end of the 2025-2027 biennium.

(7) OWEB shall transfer amounts from the State Agency Program Fund at the direction of the Council as consistent with ORS 541.869.

(8) At the close of the 2025-2027 biennium, any amounts in the State Agency Program Fund that are unexpended, unobligated, and not subject to any conditions shall revert to the Oregon Environmental Restoration Fund in accordance with ORS 541.867.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026

Or. Admin. R. 699-020-0060 Temporary rule language in effect until 12/19/2026. Reporting

(1) An Agency receiving State Agency Program Funds must submit a report to the Council biennially.

(2) The report shall be in a format provided by OWEB.

(3) Agency reports shall be due 60 days after the final day of the biennium.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026

Or. Admin. R. 699-020-0070 Temporary rule language in effect until 12/19/2026. Rule Waivers

The Executive Director of OWEB may waive the requirements of Division 20 unless required by statute, when doing so will result in more efficient or effective implementation of the State Agency Program Fund. Any waiver must be in writing, included in the fund transfer file records to which the waiver applies, and reported to the Council at the next meeting.

History

• Statutory/Other Authority: 541.869
• Statutes/Other Implemented: 541.857 - 541.882
• ERC 1-2026, temporary adopt filed 06/26/2026, effective 06/26/2026 through 12/19/2026