(1) As used in this section, ‘local workforce development board’ and ‘workforce program’ have the meanings given those terms in ORS § 660.300.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(2) The Oregon Department of Administrative Services shall provide grants to soil and water conservation districts organized under ORS § 568.210 to 568.808 and 568.900 to 568.933 and to counties for the treatment of western juniper to minimize the negative impacts of western juniper on water resources and ecological health.

(3) Grant recipients shall use grant funds only to:

(a) Consistent with the requirements of this section, treat western juniper in areas where treatment will provide the greatest benefit to water resources and ecological health;

(b) Consistent with the requirements of this section, remove western juniper at times, and using methods, that will reduce the risk of repropagation after removal; and

(c) Cover the administrative expenses of the grant recipient related to the grant program, except that no more than eight percent of grant funds may be used to cover administrative expenses.

(4) In determining areas to conduct western juniper treatment, grant recipients shall incorporate criteria from the western juniper management field guide developed by the Oregon Watershed Enhancement Board, including:

(a) Conifer encroachment prioritization;

(b) Hydrological prioritization, including a consideration of the location of the proposed project site in relation to surface waters;

(c) Biological prioritization, including resilience to disturbance and resistance to exotic annual grasses; and

(d) Canopy interspaces, including bunchgrass age classes and exotic annual grasses or noxious weeds present at intermediate levels in interspaces.

(5) In selecting treatment project sites and conducting treatment, grant recipients shall seek to retain old growth juniper trees, as determined by tree characteristics that include:

(a) Flattened, rounded or uneven tops;

(b) A spreading crown;

(c) Large branches near the base of the tree;

(d) Large, dead branches, missing bark and abundant light green lichen;

(e) Thick fibrous bark with well-developed vertical furrows; and

(f) Leader growth in the upper quarter of the tree that is less than one inch per year.

(6) Treatment sites must be no less than 100 acres.

(7) Pretreatment analysis of treatment sites must include:

(a) Risk assessments for annual grass weeds; and

(b) An analysis of existing perennial understory to determine if reseeding is required.

(8) Fuel loads associated with western juniper treatment shall be removed from the treatment site.

(9) Any grazing plan for a treatment site must be developed in cooperation with the landowner and the applicable soil and water conservation district.

(10) A grant recipient shall develop a post-treatment maintenance plan for the treatment site prior to beginning treatment.

(11) Grant applicants may consult with Oregon State University, local governments, as defined in ORS § 174.116, conservation organizations or other organizations or experts to identify areas that meet the criteria described in subsection (3)(a) of this section.

(12) A grant recipient shall:

(a) Work with Oregon State University to track and monitor the effects of the program on water resources, ecological health and economic and workforce development and to provide quarterly and annual reports to the department;

(b) Work with a local workforce development board or other organizations to create or expand an existing workforce program that provides services to individuals performing western juniper treatment or to allow individuals performing western juniper treatment to participate in an existing workforce program; and

(c)(A) Prepare reports describing any proposed, ongoing or completed western juniper treatment project including:

(i) Site conditions before treatment;

(ii) Project methodologies and implementation;

(iii) Site conditions and maintenance efforts after treatment; and

(iv) An assessment of the effectiveness of the treatment.

(B) A grant recipient shall submit the reports required under this paragraph to Oregon State University no later than two and five years, respectively, after receiving a grant under this section and shall make the reports publicly available. [2023 c.606 § 35]

568.970 to 568.978 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 568 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Section 38, chapter 606, Oregon Laws 2023, provides:

The Oregon Department of Administrative Services shall provide the grants described in section 35 of this 2023 Act [568.970] no later than July 1, 2023, or 60 days after the effective date of this 2023 Act [August 4, 2023], whichever is later. [2023 c.606 § 38]