P
ROGRAM
ADMINISTRATION
MANUAL
Created: 12/31/2014
Updated: 02/20/2024
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Date
Name
Changes
12/31/2014
Version 1.0
01/15/2016
Version 2.0
Updated:
.
01/20/2017
Version 3.0
Updated: Degree
. Added: -ist of
.
02/20/2018
Version 4.0
Updated
-Apply
Agreements,
02/08/2019
Version 5.0
Updated: Timeline,
and ,
s
and
01/30/2020
Version 6.0
Updated
04/01/2020
Version 6.1
Updated: .
02/01/2021
Version 7.0
Updated: Template
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03/01/2022
Version 8.0
Updated:
D
F Added
.
2023
Version 9.0
Updated
02/20/2024
Version 10.0
UpdatedWildlife Advisory
Version
9.0
, Template
Plan D
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TABLE OF CONTENTS
SECTION 1 – PROGRAM OVERVIEW .............................................................................................. 5
BACKGROUND ........................................................................................................................................................................................ 6
PROGRAM GOALS ................................................................................................................................................................................. 6
TIMELINE FOR FISCAL YEAR 2026 SOLICITATION .............................................................................................................................. 7
VISION STATEMENT ............................................................................................................................................................................... 8
PROGRAM CONTACTS........................................................................................................................................................................... 9
SECTION 2 – PROGRAM PROCESS ............................................................................................... 10
ROLE OF THE WILLAMETTE WILDLIFE ADVISORY GROUP ............................................................................................................. 11
ROLE OF THE TECHNICAL REVIEW TEAM .......................................................................................................................................... 11
PROJECT REVIEW PROCEDURES ........................................................................................................................................................ 11
MANDATORY REQUIREMENTS FOR PROJECTS................................................................................................................................. 14
PERIODIC REVIEW AND EVALUATION ............................................................................................................................................... 15
SECTION 3 – PROJECT SELECTION CRITERIA ............................................................................. 16
PROJECT SELECTION CRITERIA .......................................................................................................................................................... 17
ECOLOGICAL AND CULTURAL CONSIDERATIONS ............................................................................................................................ 17
OPERATIONAL AND ADMINISTRATIVE CONSIDERATIONS .............................................................................................................. 23
REFERENCE DOCUMENTS .................................................................................................................................................................. 28
SECTION 4 – PROJECT IMPLEMENTATION POLICIES AND GUIDELINES.................................. 30
PROPERTIES WITH EXISTING PROTECTION ....................................................................................................................................... 31
PROJECT AMENDMENT POLICY ......................................................................................................................................................... 31
COSTS PAID BY THE PROGRAM ......................................................................................................................................................... 31
BONNEVILLE POWER ADMINISTRATION’S ACQUISITION DESKBOOK ........................................................................................... 33
CONSERVATION EASEMENT TEMPLATE AND REVIEW ..................................................................................................................... 33
PROJECT PROGRESS ASSESSMENTS .................................................................................................................................................. 33
PUBLICITY …. ..................................................................................................................................................................................... 34
MANAGEMENT PLAN TEMPLATE AND REVIEW ............................................................................................................................... 34
STEWARDSHIP FUNDING AND AGREEMENTS .................................................................................................................................. 36
MONITORING ……………………………………………………………………………………………….. ....................................................... 36
SECTION 5 – PROJECT APPLICATION INSTRUCTIONS .............................................................. 38
PROJECT APPLICATION....................................................................................................................................................................... 39
SUBMITTAL INSTRUCTIONS ................................................................................................................................................................ 39
READINESS ASSESSMENT ................................................................................................................................................................... 39
SECTION 6 – ADDITIONAL PROGRAM INFORMATION ............................................................. 40
POTENTIAL PROJECT SPONSORS ...................................................................................................................................................... 41
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SECTION 7 – APPENDICES ............................................................................................................ 43
APPENDIX A: MEMORANDUM OF AGREEMENT ESTABLISHING THE WILLAMETTE WILDLIFE MITIGATION PROGRAM .......... 44
APPENDIX B: TEMPLATE FEE TITLE ACQUISITION WITH CONSERVATION EASEMENT TO U.S. .................................................. 45
APPENDIX C: TEMPLATE BASELINE DOCUMENTATION REPORT ................................................................................................... 67
APPENDIX D: TEMPLATE MANAGEMENT PLAN OUTLINE ............................................................................................................. 70
APPENDIX E: BASELINE OPERATIONS AND MAINTENANCE FUNDING BACKGROUND .............................................................. 89
APPENDIX F: TEMPLATE STEWARDSHIP AGREEMENTS ............................................................................................................... 101
APPENDIX G: READINESS ASSESSMENT FORM ............................................................................................................................. 126
APPENDIX H: LIST OF ACRONYMS ................................................................................................................................................. 131
APPENDIX I: BEST MANAGEMENT PRACTICES AND OTHER TOOLS ......................................................................................... 132
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SECTION 1 – PROGRAM OVERVIEW
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BACKGROUND
, and operation of the
y the end of 2025.
Willamet
After general
FY20-
P
ROGRAM GOALS
Cost-to meet
Partnerships:
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a program
property in
- 468.587, so long as the
T
IMELINE FOR FISCAL YEAR 2026 SOLICITATION
Agreement
. 2026
2026 is .
FY2026
2, 2024
Cooperators
April 12, 2024
6 - 17, 2024
5 - 6, 2024
11, 2024
ODFW
16, 2024
30, 2024
2026
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V
ISION STATEMENT
Goal:
-listed
-
organizations
-
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P
ROGRAM CONTACTS
ODFW Contacts
Responsibilities
Justine Brumm – WWMP Coordinator
-799-4556
P
Lauri Brewster – WWMP North Valley Biologist
503-621--231-6866
Owen Cass - WWMP Restoration and Monitoring Biologist
541-757-
restoration planning, monitoring
program implementation
Vacant – WWMP South Valley Biologist
541-935-2591
Kelly Reis – WWMP Manager
541-686--517-2228
BPA Contacts
Responsibilities
Matt Schwartz – Fish and Wildlife Project Manager
th
Ave
-3621
503-230-4225
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SECTION 2 – PROGRAM PROCESS
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R
OLE OF THE WILLAMETTE WILDLIFE ADVISORY GROUP
program.
toring,
R
OLE OF THE TECHNICAL REVIEW TEAM
P
ROJECT REVIEW PROCEDURES
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Prior
to and d
or their designee.
Criteria.
--
Wildlife
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.
ODFW
its
If ODFW does not agree that one or more of the
- If ODFW does
Agreement.
stream. -
-e
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M
ANDATORY REQUIREMENTS FOR PROJECTS
1
2
3
1.
Oregonians.
2. : and is in or represents at least one of
a.
Willamette Synthesis
T
-
d.
Agreement
e.
or as
f.
and plant
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3.
Agreement.
p
may
P
ERIODIC REVIEW AND EVALUATION
880-
Agreement
eement,
- to
to
If pro
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SECTION 3 – PROJECT SELECTION CRITERIA
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P
ROJECT SELECTION CRITERIA
100 points: 62 points
and 38 points .
E
COLOGICAL AND CULTURAL CONSIDERATIONS
Cultural S
1
T
have develop
1.
2.
-, and t
3.
-
4.
1
• -879-2395,
• -444-8308, and van de Wetering, 541-
351-0126,
• , 503-305-6942,
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5. The , an
Score: 10 points if designaon received from a tribe; 0 points if no designaon
Degree and Timing of Risk:
.
zoning
Proposed
Score: 0 – 8 points
Consideraons – The TRT will consider the following:
• If proposed acquision is zoned and permied for gravel extracon, subdivisions, or other uses
that would permanently degrade habitat values, and is likely to be converted to such uses in the
immediate future;
• Likely impacts of proposed land use modificaon to priority habitat type(s) on the property; and
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• Timeframe for when land use modificaons might occur.
• Scoring categories:
o High scoring project (6-8 points) - Project site is zoned and permied for land use
modificaons, with imminent significant risk to conservaon values (high priority
habitats) on the property;
o Medium scoring project (3-5 points) – Risk of modificaon to priority habitat exists, but is
not imminent; or priority habitats are under lower threat of land use modificaon;
o Low scoring project (0-2 points) – Project is likely to be managed and maintained for
current uses for the foreseeable future; or risk of modificaon is to habitats of lower
priority on the property.
Habitat Type:
2016
- in
E
s are
-
-listed
Score: 0 – 15 points
Consideraons – The TRT will consider the following:
• If priority habitat type(s) are present on or targeted for the property in adequate size, shape, and
posion within the landscape to provide the ecological funcon and allow natural processes or to
contribute to supporng species at the populaon scale;
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• If those habitat types are recognizable at a funconal level, or targeted for restoraon to full
funconality;
• Diversity of habitat types on the property;
• Proporon of the property that is a high priority habitat type(s) and non-priority habitat type(s);
• If the property includes unique or rare habitats and species assemblages;
• If protecon of the property is important to achieve delisng or recovery of ESA-listed species, as
documented by USFWS, NMFS, or ODFW; and
• If the property includes regionally significant examples of any of the priority habitat types.
• Scoring Categories:
o High scoring project (11-15 points) – Project includes or targets a diversity of funconal
priority habitat types of adequate size, shape, and posion within the landscape to
contribute to natural processes and funcon or to supporng OCS Strategy Species at the
populaon scale; includes fewer priority habitat types but with regionally-significant
scope and scale; or significantly contributes to delisng or recovery of ESA-listed species
with documentaon provided by USFWS, NMFS, or ODFW;
o Medium scoring project (6-10 points) – Project includes or targets funconal priority
habitat types, but the size, shape, or posion within the landscape make it less effecve
for contribung to natural processes and funcon that support OCS Strategy Species at
the populaon level;
o Low scoring project (0-5 points) – Project dominated by non-priority habitat types or
habitats of inadequate size to contribute to support of OCS Strategy Species at the
populaon level.
, long--forming
.
-, and
-.
Score: 0 – 13 points
Consideraons – The TRT will consider the following:
• Condion of priority habitat(s) on the property, including exisng cover, structure, funcon,
invasive species presence, habitat-forming processes, and documented use by target species.
• Scoring categories:
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o High scoring project (9-13 points) - Project consists primarily of high quality, funconal
habitat, dominated by nave plant communies, and minimal restoraon needed;
o Medium scoring project (4-8 points) – Project includes a mix of intact and degraded
habitat, non-nave invasive species present at low levels, and some need of restoraon;
o Low scoring project (0-3 points) – Primarily degraded habitat with high levels of non-
nave or invasive species present, and need of substanal restoraon to provide
important habitat funcons.
Project Context:
here
-
Score: 0 – 8 points
Consideraons – The TRT will consider the following:
• Locaon of the property in relaon to other conserved or protected lands;
• Locaon of the property in relaon to areas idenfied as important for habitat or wildlife
connecvity;
• Relaonship between proposed property and ongoing or planned restoraon efforts; and
• Other contextual informaon provided by the project sponsor.
• Scoring categories:
o High scoring project (6-8 points) - Project will provide benefit to conservaon or
restoraon efforts on a landscape scale;
o Medium scoring project (3-5 points) – Project has potenal future benefits at a
landscape scale, but those benefits are currently uncertain;
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o Low scoring project (0-2 points) – Project may protect high quality habitat, but will not
provide addional value through contribuon to other conservaon or restoraon
efforts.
If sponsors are dependent on other
Score: 0 – 8 points
Consideraons – The TRT will consider the following:
• Project site’s physical characteriscs that would allow restoraon acvies to be successful in
the long-term;
• Logiscs of restoraon being conducted (legal, access, etc.); and
• Cost and meframe for ancipated restoraon, including the extent that restoraon aligns with
other specific funding iniaves or programs that improve opportunies to secure resources in
the Willamee Basin, and the relave cost of expected restoraon in relaon to the cost to
purchase the property/easement.
• Scoring categories:
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o High scoring project (6-8 points) – Project needs minimal restoraon or restoraon is
already fully-funded with high certainty of success;
o Medium scoring project (3-5 points) –Restoraon is feasible and likely to be sustainable
over me, but some uncertainty exists as to the meframe and potenal funding for that
restoraon;
o Low scoring project (0-2 points) – Project has high restoraon costs per acre and low
certainty of mely, sustainable restoraon.
O
PERATIONAL AND ADMINISTRATIVE CONSIDERATIONS
A
Fee
Conservation
higher.
Score: Fee Title Acquisition – 5 points, Conservation Easement – 1- 3 points
Consideraons – The TRT will consider the following components of the proposed conservaon
easement:
• Level of certainty in the management control gained through the proposed conservaon
easement, including what party is responsible for stewardship and restoraon (landowner or CE
holder) with consideraon of the ability of the CE holder to handle management responsibilies;
• Working lands and associated management;
• Level of certainty regarding what rights will be acquired or reserved through the conservaon
easement, such as public access, mber rights, agricultural use, potenal use of herbicides and
other tools, etc.;
• Presence of any disnct parcels, zones, or building envelopes; and
• Number and types of exisng easements affecng the property.
• A high-scoring conservaon easement project would include high levels of management control
gained through the easement, the CE holder is responsible for stewardship and restoraon,
clearly-defined working lands agreements and building parcel arrangements, and rights to
resource values protected. Conservaon easements where a landowner retains most control and
has reserved many rights will be scored lower.
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Public Access:
Score: 0-7 points
Consideraons – The TRT will consider the following:
• Level of proposed public access proposed for the property;
• Timeframe of when public access will be allowed (if there will be a period of stabilizaon prior to
access being allowed);
• Consistency of proposed access with the project’s conservaon values;
• Size of the property, recognizing that larger sites may have more opportunity for public access;
• Jusficaon for liming public access; and
• The conservaon owner/manager’s organizaonal capacity to manage the proposed access,
including how that capacity relates to the sponsor’s O&M funding request.
• Scoring categories:
o (6 - 7 points) Conservation owner/manager proposes full public access consistent with
the project’s conservation values (full access or access by permit without restrictions),
and the conservation owner/manager must demonstrate high capacity to manage the
proposed access. Full public access could include year-round trails and viewing sites.
o (4 - 5 points ) Conservation owner/manager proposes significant public access with
seasonal restrictions and/or incorporates designated trails/viewing areas to minimize
impacts to sensitive wildlife habitat). Conservation owner/manager must demonstrate
adequate organizational capacity to manage access.
o (2 – 3 points) Conservation owner/manager proposes limited public access including
adequate justification for limiting public access. Conservation owner/manager must
demonstrate adequate organizational capacity to manage access.
o (1 point) Conservation owner/manager proposes minimal access (i.e., a few tours per
year), indicates uncertainty in when public access will be provided, or the conservation
owner/manager has limited or uncertain organizational capacity to manage the
proposed access.
o (0 points) Project is closed to public access, or the conservation owner/manager lacks
the capacity to manage public access.
(Stewardship):
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–
long-
term
mates in their .
-term
-to
of the site. Assessment of long--
and
Score: 0-8 points
Consideraons - The TRT will consider the following:
• Level of stewardship funding provided by the sponsor;
• Confidence in sponsor’s organizational capacity, funding, and expertise.
• A high-scoring project would include the sponsor providing substantial (i.e., more than 75% of
baseline) funding with a high level of confidence in long-term stewardship capacity; a low-
scoring project would have owner/manager capacity concerns and require more than 75% of
stewardship funding from the WWMP.
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the sponsor
manner.
Score: 0-5 points
Consideraons – The TRT will consider the following:
• Conservation owner/manager’s capacity to manage any restoration and land management
activities, as demonstrated by a history of completing similar projects (ecological systems, scale,
expense) through engagement of professional staff, expertise, partnerships, and funding on a
regular and recurring basis;
• A high-scoring project would have a high-capacity conservation owner/manager with a strong
history of completing and managing similar projects; a low-scoring project would have a
conservation owner/manager with limited history of successfully completing similar projects.
Project Readiness:
Score: 0-4 points
Consideraons – The Readiness Assessment Team will consider the following:
• Applicant’s capacity to complete acquisition transaction and due diligence steps within Program
timeline as indicated through the Readiness Assessment Form, documentation provided by the
applicant, and discussion during the Readiness Interview;
• Realty information, title details, water rights and status, environmental assessment information,
and other property information provided by the applicant;
• A high-scoring project would have a clear path for completing the acquisition due diligence and
transaction within Program timelines; a low-scoring project would have indication of anticipated
transaction issues that are not likely to be overcome within the Program timeline.
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Cost and Cost Share:
leases, improvements, and other
farm land
n
Score: 0-9 points
Consideraons – Cost and cost share points are dependent on the cost per acre to the Program, as well
as cost share provided by the sponsor. Costs included in esmates for this criterion should include
acquision costs, due diligence costs, and stewardship costs. They should not include restoraon costs,
nor in-kind contribuons unless they would lower costs to the WWMP.
• 0 points – Program cost per acre is more than $8,000 per acre and no cost share is provided;
• 1 point – Program cost per acre is more than $8,000 per acre; sponsor provides less than 30% of
total project cost through unsecured cost share;
• 2 points – Program cost per acre is more than $8,000 per acre; sponsor provides less than 30% of
total project cost through secured cost share or more than 30% through unsecured cost share;
• 3 points – Program cost per acre is more than $8,000 per acre; sponsor provides over 30% of
total project cost through secured cost share;
• 4 points – Program cost per acre is between $4,000 and $7,999 per acre; sponsor provides less
than 30% of total project cost through unsecured cost share;
• 5 points – Program cost per acre is between $4,000 and $7,999 per acre; sponsor provides less
than 30% of total project cost through secured cost share or more than 30% through unsecured
cost share;
• 6 points – Program cost per acre is between $4,000 and $7,999 per acre; sponsor provides over
30% of total project cost through secured cost share.
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• 7 points – Program cost per acres is less than $4,000 per acre; sponsor provides less than 30% of
total project cost through unsecured cost share;
• 8 points – Program cost per acres is less than $4,000 per acre; sponsor provides less than 30% of
total project cost through secured cost share or more than 30% through unsecured cost share;
• 9 points – Program cost per acres is less than $4,000 per acre; sponsor provides over 30% of total
project cost through secured cost share.
R
EFERENCE DOCUMENTS
:
. 260
pp
–
information aonline at: -
-
, 2006. Oregon Department of Fish and Wildlife, 2006. 367 pp.
ODFW. 2016.
.
ODFW and
f
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Oreg
Willamette .
1,271 :
https://media.fisheries.noaa.gov/2021--2008-
-opinion.pdf
at
.
2005. 156 pp.
.
255
.
---plan
.
2010. 72 pp.
3.8 .
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SECTION 4 – PROJECT IMPLEMENTATION POLICIES AND
GUIDELINES
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P
ROPERTIES WITH EXISTING PROTECTION
s demonstrate
.
P
ROJECT AMENDMENT POLICY
,
, the sponsor
the
• reveals
For size or
to ODFW on the proposed amendment
C
OSTS PAID BY THE PROGRAM
, long-
E
for reimbursement through the
program.
if
.
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y. The costs will not be
reimbursed if the project does not close.
• Preliminary title report
• Appraisals – of the
• – all .
Cprior and/or to determine
.
• - ts
only.
o :
-
E-filing fee
o
– -
–
–
Commissions
is -
prior to
.
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B
ONNEVILLE POWER ADMINISTRATION’S ACQUISITION DESKBOOK
managing, monitoring,
ng real property
-/media/Aep/environmental----and--
lands-
C
ONSERVATION EASEMENT TEMPLATE AND REVIEW
A
a
A is
Please
n Easement.
P
ROJECT PROGRESS ASSESSMENTS
, ODFW assessments of p
-, or as long
as needed
. Assessments
1
st
of the year ,
-
• 1
st
• any
•
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If
to ODFW regarding
PUBLICITY
This
The Bonneville Power Administraon and Oregon Department of Fish and Wildlife provided
funding for the project through the Willamee Wildlife Migaon Program. The funding to
purchase the property was awarded through a compeve applicaon process. The [PROJECT
NAME] project was the second highest ranked project for the Willamee Valley in 2014, showing
the importance of this investment for land conservaon in our region.
The Willamee Wildlife Habitat Agreement, which created the funding program that funded the
acquision, was signed in October of 2010 between BPA and the state of Oregon. This 15-year
agreement provides stable funding for wildlife habitat acquisions for more than 26,000 acres in
the Willamee Valley to offset the impacts of federal dams on the Willamee River and its
tributaries, as required by the Northwest Power Act.
M
ANAGEMENT PLAN TEMPLATE AND REVIEW
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D
that ODFW and
elements
Use of the land management plan template is development and
into the
land management plan
and ODFW.
proponents to site visit and a
to determine appropriate
If other
plan
:
•
•
agreements
•
•
•
•
• -
I
management plans.
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S
TEWARDSHIP FUNDING AND AGREEMENTS
of program
If
details an
--
-
PA.
E.
E To
realized
dollar . Teements
are F.
M
ONITORING
ODFW has developed
•
15-year
•
•
•
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SECTION 5 – PROJECT APPLICATION INSTRUCTIONS
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P
ROJECT APPLICATION
The FY 2026
. - that
-.
.
.
at
.
SUBMITTAL INSTRUCTIONS
is . When the
, please email
READINESS ASSESSMENT
.
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SECTION 6 – ADDITIONAL PROGRAM INFORMATION
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P
OTENTIAL PROJECT SPONSORS
interest in land or h
Name County or area of interest Contact
, 760-731-7790
, 503-210-6013
, 360-696-0131
-879-2395
-444-8308
van de Wetering, 541-351-0126
, 503-305-6942
, 360-334-2338
Claire F, 541-207-2876
Eli Tome, 541-345-2799
Washington
Oregon Department of Fish and
Wildlife
-799-4556
Oregon Department of Forestry
Oregon Watershed
Forney, 971-345-7023
, 503- 623-9680
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541-668-4390
, 503-227-0778
, 503-625-5944
-757-7236
-241- 0151
Amie -Frison, 503-472-6403
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SECTION 7 – APPENDICES
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A
PPENDIX A: MEMORANDUM OF AGREEMENT ESTABLISHING THE WILLAMETTE WILDLIFE MITIGATION PROGRAM
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- 45 -
APPENDIX B: TEMPLATE FEE TITLE ACQUISITION WITH CONSERVATION EASEMENT TO U.S.
AFTER RECORDING, RETURN TO:
Bonneville Power Administration
Real Property Services, TERR
Re: [Insert BPA Tract No.]
P.O. Box 3621
Portland, OR 97208-3621
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is executed by [Insert name of
sponsor, description of sponsor, and address of sponsor](“Grantor”), in favor of the
United States of America (“United States” or “Grantee”), acting by and through the
Department of Energy, Bonneville Power Administration (“BPA”), headquartered in
Portland, Oregon, at P.O. Box 3621, Portland, OR 97208-3621. The Grantor and Grantee
may individually be referred to as “Party” and collectively referred to as the “Parties.”
I. RECITALS
A. BPA is a power-marketing agency having legal obligations under the Pacific
Northwest Electric Power Planning and Conservation Act, 16 U.S.C. §§ 839-839h
(“Northwest Power Act”), to protect, mitigate, and enhance fish and wildlife,
including related spawning grounds and habitat, affected by the development and
operation of Federal hydroelectric projects of the Columbia River and its tributaries,
in a manner consistent with the purposes of the Northwest Power Act, the Fish and
Wildlife Program adopted by the Pacific Northwest Electric Power and Conservation
Planning Council under subsection 4(h) of the Northwest Power Act (16 U.S.C. §
839b(h)), and other environmental laws, including the Endangered Species Act, 16
U.S.C. §§ 1531-1544 (“ESA”). BPA has the authority pursuant to the Northwest
Power Act, 16 U.S.C. §§ 839b(h) and 839f(a), the Federal Columbia River
Transmission System Act, 16 U.S.C. § 838i(b), and the Bonneville Project Act, 16
U.S.C. §§ 832a(c) through (f), to acquire real estate or to assist in the acquisition and
transfer of real property interests.
B. Grantor is [insert grantor description].
C. BPA and the State of Oregon, acting through the Oregon Department of Fish
and Wildlife (“ODFW”), entered into a programmatic Memorandum of
Agreement, dated October 22, 2010 (“MOA”), in which BPA agreed to fund
the acquisition of real property interests (fee title or conservation easements)
to permanently protect and enhance important fish and wildlife habitat in the
Willamette Basin, where it either currently exists or at one time existed, in
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exchange for the State of Oregon supporting BPA’s partial fulfillment of
Northwest Power Act and ESA obligations and supporting the conveyance of
perpetual conservation easements (for fee title acquisitions) or third party
rights of enforcement, entry, and inspection (for conservation easement
acquisitions) to the United States of America and its assigns.
D. BPA, in accordance with the mutual commitments of the MOA, a copy of which is
available from the BPA Manager, Real Property Services, P.O. Box 3621, Portland,
OR 97208-3621, provided funding to the Grantor to acquire fee title ownership of
certain real property commonly referred to as the [Insert the name of the property as
used in the acquistion process (not including the landowner’s name, e.g., “West
Creek Ranch Property”] (“Protected Property”), located in [Insert the name of the
city and county where the property is located], Oregon. The Protected Property has
important features that help BPA meet its statutory obligations to the public under the
Northwest Power Act and other environmental laws, and Grantor now intends to
convey a perpetual conservation easement to the United States.
Now, therefore, the Parties agree as follows:
II. AGREEMENT
A. Conveyance and Consideration. The Grantor, for and in consideration of the
funding in the amount of ([Insert the dollar amount provided by BPA for the
purchase of the property]) in U.S. dollars which BPA provided to acquire fee title
ownership of the Protected Property, hereby voluntarily conveys and warrants to the
United States of America and its assigns a perpetual easement for conservation
purposes (“Conservation Easement”) in, over, under, upon and across the Protected
Property, legally described in Exhibit A (Legal Description)[Note: the legal
description must include a description of any water rights accompanying the property
in the transaction] and shown in Exhibit B (Map), together with the right of access
and entry, created and implemented under applicable state and federal law, and
creating an interest in real property intended to be a conservation easement under
O.R.S. §§ 271.715-795. The Parties intend this Conservation Easement to be a
perpetual and irrevocable easement in gross, and further intend that its terms and
conditions, set forth below, create equitable servitudes and covenants running with
the land, binding the Grantor and the Grantor’s successors and assigns for the benefit
of the United States.
B. Purpose. The purpose (“Purpose”) of this Conservation Easement is to protect and
conserve, and as appropriate, to allow for the restoration or enhancement of the
“Conservation Values” (described in Section II.C, below) of the Protected Property.
As such, the Purpose of this Conservation Easement includes the prevention of any
use of the Protected Property that will materially harm or materially interfere with
any of the Conservation Values of the Protected Property. The Grantor intends that
this Conservation Easement will confine the use of the Protected Property to activities
that comply with the Conservation Easement, including the final Management Plan
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(described in Section II.G). BPA shall have the right, but not the obligation, to
enforce any and all terms of this Conservation Easement. The Grantor shall only
conduct activities on the Protected Property which are consistent with this
Conservation Easement. In the event that there is a conflict between the Grantor’s
uses or activities and the Conservation Easement shall be construed broadly and shall
prevail over any conflicting uses or activities of the Grantor.
C. Conservation Values. The Protected Property, in its present state, comprises
approximately [insert number of acres] including [insert summary of important
habitat or other features, e.g., “riparian forest, floodplain, and side channel habitat
important to ESA-listed fish species” and/or “Oregon Conservation Strategy
(“OCS”) species”]. The Parties agree that the Protected Property includes other
important species, habitat, and ecosystem attributes. The Conservation Values of the
Protected Property that currently exist specifically include the following, recognizing
that such Conservation Values may periodically fluctuate or trend toward long-term
change, due to natural events such as wildfire, floods, interdecadal climate events,
and long-term climate change, as well as human-initiated enhancement or restoration
actions:
1. Species. [Insert important species, including but not limited to Oregon
Conservation Strategy Species, on or targeted for the property—specifically
identify the ESU for any BiOp]
2. Habitat. [Insert important habitat types—If restoration or enhancement work is
expected, briefly mention the opportunity this property provides to do that work]
3. [Insert as applicable other features that made the property important to acquire
for BPA’s Fish/Wildlife program purposes, e.g., if it’s adjacent or in close
proximity to other protected habitats (where subheader would be “Ecological
Context”), association with other planned restoration work (where subheader
would be “Restoration Value”), etc.]
D. Water Rights. [If no water/water rights accompany the purchase, state “There are
no water rights appurtenant to the Protected Property at the time of acquisition.” If
water/water rights accompany the purchase, then note the nature of the water right
(i.e., groundwater, surface water, reservoir right), purpose of use, volume, the
known specifics (well number, permit number, or certificate number, priority date
(etc.), and how the Grantor will manage the water – either by (1) preserving and
using those rights to benefit the conservation values and any restoration, including
information on water delivery system and how Grantor will prevent abandonment
(including future plans to lease or permanently transfer surface water rights
instream for the benefit of fish and wildlife), or (2) permanently transferring or
leasing surface water rights instream for the benefit of fish and wildlife as part of
the transaction for acquisition (i.e., one of the conservation values will then be
“Protected Water”.] To the extent Grantor has or after-acquires water rights, Grantee
shall ensure that the Grantor shall not abandon any of the water rights appurtenant to
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the Protected Property by virtue of non-use and that the Grantor may not transfer,
change the point of diversion, change the purpose of use, or otherwise significantly
change any Protected Property water right without receiving prior written approval
from BPA. [Note that this language may be adjusted depending on the property-
specific water information and discussions associated with Section I.D]
E. Baseline Documentation. The Grantor and BPA agree that the characteristics and
conditions of the Protected Property at the Effective Date (Section II.W) are
documented in a “Baseline Documentation Report,” signed and acknowledged by
the Parties in Exhibit C (Acceptance and Acknowledgment of Baseline
Documentation Report) and kept on file with the Parties.
F. Reserved Uses. The Grantor reserves, for itself and its successors and assigns, the
right to use the Protected Property in any and all ways which are consistent with the
Purpose of this Conservation Easement and which are not otherwise prohibited by
this Conservation Easement, including but not limited to: the right to record title; the
right to convey, transfer, and otherwise alienate title to these reserved rights in
accordance with Sections II.K(14) and II.P; the right of quiet enjoyment of the rights
reserved in Protected Property; and the right to prevent trespass and control access.
G. Management Plan. Within 18 months after the Effective Date, the Grantor shall
develop a Management Plan for the Protected Property to describe the uses and
activities that the Grantor expects to undertake or allow to be undertaken on the
Protected Property, including any restoration, enhancement, or operation and
maintenance activities, or any other activities or uses. The Grantor shall include in
the Management Plan any limitations or prescriptions for these uses and activities
necessary to ensure the fulfillment of the Purpose of this Conservation Easement.
The Grantor shall also identify in the Management Plan the allowable use and access
by the public of the Protected Property if public access is deemed appropriate (see
Section II.H).
In developing the draft Management Plan, Grantor will solicit and incorporate as
Grantor deems appropriate the views of ODFW, as well as other interested natural
resource management agencies, local governments, and parties. Grantor will submit
documentation showing the nature and extent of such coordination with any draft
Management Plan to BPA and ODFW. BPA shall review that Plan and any proposed
amendments for conformance with the MOA, this Conservation Easement, and
applicable laws and regulations. BPA must review and approve the Management
Plan or any amendments prior to its finalization and implementation for consistency
with the Purpose of the acquisition and this Conservation Easement. The Grantor
shall make the final Management Plan, and any final amendments, available to the
public.
H. Public and Tribal Access. The Grantor shall provide reasonable access to the
Protected Property to the general public and tribal or indigenous people, unless the
Grantor and BPA determine such access may materially harm or interfere with one or
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more of the Conservation Values of the Protected Property. The Grantor will address
access to the Protected Property in the Management Plan or Land Use Agreement to
be reviewed and approved by BPA.
I. Annual Report. The Grantor shall annually submit a report to BPA that describes, at
a minimum any: changes in real property interests (including water rights) in the
Protected Property; uses or activities undertaken, in progress, or planned; potential
issues with or threats to the Conservation Values; and actions taken relating to
Grantor’s ownership of the Protected Property and obligations under this
Conservation Easement, such as preventing Prohibited Uses, controlling public
access, and managing the Protected Property consistent with the final Management
Plan. The Grantor shall provide the first annual report by April 15th occurring after
the Effective Date, and then annually by April 15th thereafter, unless otherwise
agreed by BPA. The template for the annual report may be obtained from BPA.
J. Rights Conveyed to Grantee
1. General Rights. The Grantor has conveyed this Conservation Easement to the
United States. BPA is the acquiring federal agency having jurisdiction and
control over this Conservation Easement. Subject to valid existing rights of
record and those rights specifically reserved to the Grantor, all development rights
associated with the Protected Property are vested in Grantee. In addition to any
other rights granted to the Grantee pursuant to this Conservation Easement,
Grantee has the right to:
a. Access and inspect the Protected Property at all reasonable times upon
reasonable notice (which may be by phone or electronic mail) to assure
compliance with this Conservation Easement;
b. To access the Protected Property upon reasonable notice (which may be
by phone or electronic mail) to survey the fish and wildlife habitat and
evaluate the status of the Conservation Values;
c. Prevent any activity on the Protected Property inconsistent with this
Conservation Easement, and to require the restoration of areas or features
of the Protected Property that are damaged by any inconsistent activity;
and
d. [Note that this language may be adjusted depending on the property-
specific water information and discussions associated with Section I.D]
Should the Grantor fail to do so, to retain and maintain the right to use any
and all of the water rights associated with the Protected Property, and to
protect those rights from threat of abandonment or forfeiture under
relevant law; Grantee may, after providing 90 days advance written notice
to the Grantor enter upon the Protected Property and take actions
reasonably necessary to maintain the validity of the water rights.
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2. Future Negotiations for Transmission Right-of-Way Easement. The Grantor
conveys the following rights to the United States in exchange for funding fee title
acquisiton of the Protected Property: to construct, locate, operate, maintain,
repair, reconstruct, upgrade, keep clear, access and patrol future transmission
facilities including ancillary transmission communications facilities within the
Protected Property at no additional cost for securing the transmission easement
for these purposes. Should such a perpetual transmission easement be needed, the
Parties shall negotiate the final terms and conditions of the transmission easement
in a form substantially similar to Exhibit D (Form Transmission Easement).
Such transmission easement shall not be presumptively precluded by the terms of
this Conservation Easement. The Parties shall seek to negotiate terms and
conditions of the transmission easement that reflect the Purpose of this
Conservation Easement, and may include mitigation measures in accordance with
the MOA or as otherwise identified as part of an environmental analysis for the
transmission easement under the National Environmental Policy Act, ESA, or any
other applicable laws. Transmission easements shall be for the sole purpose of
transmission of electrical power and ancillary communications.
K. Prohibited Uses. The Grantor shall manage the Protected Property to protect its fish
and wildlife habitat on behalf of BPA, preventing any and all uses of the Protected
Property that are inconsistent with the Purpose of this Conservation Easement.
Prohibited uses of the Protected Property include those specifically listed below.
However, the Parties intend to prohibit any activity that may materially harm or
materially interfere with one or more of the Conservation Values, and therefore the
list identified below is not exhaustive.
Uses or activities otherwise prohibited under this Section II.K may be allowed but
only if the use or activity is demonstrated by Grantor to be consistent with the
Purpose of this Conservation Easement and any necessary limits or prescriptions are
agreed to by BPA in advance by written agreement. If Grantor is uncertain whether
an activity is consistent with the Purpose of the Conservation Easement, Grantor shall
consult with Grantee, and the Grantee will document the results of the consultation.
1. Residential, Commercial or Industrial Uses. Any residential, commercial, or
industrial uses of the Protected Property are prohibited, including timber
harvesting, grazing of livestock, and agricultural production.
2. Construction of Buildings, Facilities, Fences or Other Structures. Construction
of new buildings, facilities, fences or other structures is prohibited. Repair,
maintenance, or replacement of existing buildings, facilities, fences or other
structures identified in the Baseline Documentation Report are permitted at the
same location and within the existing footprint of such structures. If existing
fences are repaired or replaced, then the fences must be wildlife-friendly, which
allow for the safe passage of wildlife, increased fence visibility, and wildlife
access to food, shelter, and water.
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3. Utilities. Except as provided for in Section II.J.2, the installation or relocation of
new public or private utilities, including electric, telephone, or other
communications services is prohibited. Existing utilities on, over, or under the
Protected Property may be maintained, repaired, removed or replaced at their
current location as that location is documented in the Baseline Documentation
Report.
4. Signs. All signs, advertisements, and billboards of any nature are prohibited,
except for no trespassing signs, for sale signs, signs identifying the owner of the
Protected Property, signs identifying the Purpose of the Protected Property, and
signs providing directions, public access rules, and other education content
consistent with the Purpose of this Conservation Easement. Each permitted sign
may not exceed 15 square feet in size.
5. Waste. Dumping, accumulating, or long-term storage of trash, refuse, waste,
sewage, bio-solids, or other debris is prohibited.
6. Mining. The exploration, development, mining or extraction of soil, sand, loam,
gravel, mineral, oil, gas, or other substance from the surface or subsurface of the
Protected Property is prohibited.
7. Topography. Altering the existing topography of the Protected Property by
digging, plowing, disking, or otherwise disturbing the surface or subsurface is
prohibited.
8. Watercourses/Wetlands. Draining, dredging, channeling, filling, leveling,
pumping, diking, impounding or any other alteration of any watercourses, ponds,
seeps, bogs, springs, wetlands, or any seasonally wet area is prohibited, as is
altering or tampering with existing water control structures or devices.
9. Vegetation. The cutting, trimming, shaping, killing, or removal of any vegetation
is prohibited, except for invasive plant species. The prohibitions in this provision
do not apply to maintenance of transmission easements as conveyed to the United
States in Section II.J.2.
10. Invasive Species. The introduction, cultivation, or use of invasive plant or animal
species on the Protected Property is prohibited.
11. Roads and Impervious Surfaces. Construction of new roads and paving of any
existing road not paved or otherwise covered in an impervious material as of the
Effective Date is prohibited. Existing roads identified in the Baseline
Documentation Report may be maintained and repaired in their current condition
and within their existing footprint as identified in the Report.
12. Vehicle Use. The use of motorized vehicles is prohibited, except as necessary to
carry out activities agreed to by the Grantee, or for limited, de minimis, non-
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commercial recreational uses such as hunting or bird watching if those activities
are agreed-upon uses in the Management Plan.
13. Subdivision. The legal or “de facto” division, subdivision, partitioning of the
Protected Property, or any attempt to convey the Protected Property except as a
single property in its current configuration, which is documented in Exhibit A and
shown in Exhibit B, is prohibited.
14. Grant of Rights. The granting of any property interest or rights in the Protected
Property, including easements, permits, licenses, and leases, without the prior
written agreement of the Grantee is prohibited. Grantee’s agreement is contingent
on Grantee’s determination that the grant of interest or rights is consistent with
the Purpose of the acquisition and this Conservation Easement.
L. Enforcement.
1. Notice of Violation, Corrective Action. If Grantee determines that the Grantor or
its representatives, contractors, successors, or assigns violates or threatens to
violate this Conservation Easement, and if such determination or dispute is not
resolved by negotiation as set forth in Section II.M, Grantee will give written
notice to the Grantor and demand corrective action sufficient to cure the violation
and, where the violation involves injury to the Protected Property resulting from
any use or activity inconsistent with the Purpose, sufficient to restore the portion
of the Protected Property so injured to its prior condition in accordance with a
plan approved by Grantee.
2. Grantor’s Failure to Respond. The Grantee may bring an action as provided in
Section II.L.3 if the Grantor fails to cure the violation within thirty (30) calendar
days after receipt of a notice of violation, or under circumstances where the
violation cannot reasonably be cured within such thirty (30) day period, fails to
begin curing the violation within the thirty (30) day period and fails to continue
diligently to cure such violation until finally cured.
3. Grantee’s Action. Grantee may pursue an action in a court having jurisdiction to
enforce the terms of this Conservation Easement: (1) to enjoin the violation, ex
parte as necessary, by temporary or permanent injunction; (2) to require the
restoration of the Protected Property to the condition that existed prior to any such
injury; and (3) to recover any damages to which it may be entitled for violation of
the terms of this Conservation Easement. The remedies described in this
paragraph shall be cumulative and shall be in addition to all remedies now or
hereafter existing.
4. Grantor’s Action. In the event that the Grantor seeks a determination as to the
legal meaning or effect of this Conservation Easement, or as to any alleged
violation hereof by Grantee, and if such determination or dispute is not resolved
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by negotiation set forth in Section II.M below, then the Grantor shall be entitled to
bring judicial action in a court of competent jurisdiction.
5. Emergency Enforcement. Notwithstanding the provisions of Sections II.L.1 and
II.L.2, if Grantee determines on the basis of substantial evidence that
circumstances require immediate action to prevent or mitigate significant damage
to one or more of the Conservation Values, Grantee may undertake reasonable
actions to remove, eliminate or mitigate damages to the Protected Property.
Grantee shall provide prior notice to the Grantor of such actions to the extent
reasonably practicable and may seek Grantor participation in such actions, but
may proceed with such actions without permission from the Grantor or without
waiting for the Grantor to take any action.
6. Role of Oregon Department of Fish and Wildlife. Pursuant to the MOA and other
agreements with BPA, the ODFW has the right, but not the obligation, to monitor
compliance with this Conservation Easement.
M. Dispute Resolution. The Parties shall attempt in good faith to resolve any dispute
arising out of or relating to this Conservation Easement by negotiation between
executives or officials who have authority to settle the controversy.
N. Acts of God/Force Majeure. Nothing contained in this Conservation Easement
entitles the Grantee to bring any action against the Grantor for any injury to or change
in the Protected Property resulting from causes beyond the Grantor’s control,
including, without limitation, naturally caused fire, flood, storm, and earth movement,
or from any prudent action taken by the Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Protected Property resulting from
such causes. Such excuse from performance will be allowed only if such catastrophic
event or other event beyond the Grantor’s control has caused a substantial
degradation of the Conservation Values. The Parties shall make all reasonable efforts
to resume performance promptly once the force majeure is eliminated.
O. Waiver. The failure of any Party to require strict performance of any term of this
Conservation Easement or a Party’s waiver of performance shall not be a waiver of
any future performance or of a Party’s right to require strict performance in the
future.
P. Conveyance and Assignment. If Grantor chooses to convey the Protected Property,
Grantor will first offer it at no cost as follows: first to ODFW or its assigns; if ODFW
or its assigns decline, then to BPA. If ODFW or its assigns and BPA decline the
Protected Property, then Grantor may assign or transfer its rights to another qualified
entity, subject to BPA approval, which shall not be unreasonably withheld.
Upon conveyance of the Protected Property, the new owner must acknowledge the
Conservation Easement, and the existing Management Plan would apply if and until
the new owner develops a new plan that is reviewed and acknowledged by BPA.
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If the Protected Property is conveyed to a tribe, identified in the MOA, then this
Section II.P (Conveyance and Assignment) of this Conservation Easement would
be replaced in full upon conveyance to a tribe identified in the MOA by the
following provisions:
P. [Replacement] Conveyance and Assignment. If Grantor chooses to
convey the Protected Property, Grantor will first offer it at no cost as follows:
first to ODFW or its assigns; if ODFW or its assigns decline, then to BPA;
and if BPA declines, then to the tribes identified in the MOA. If ODFW or its
assigns, BPA and the other tribes decline the Protected Property, then Grantor
may assign or transfer its rights to another entity, subject to BPA approval,
which shall not be unreasonably withheld.
Upon conveyance of the Protected Property, the new owner must
acknowledge the Conservation Easement, and the existing Management Plan
would apply if and until the new owner develops a new plan that is reviewed
and acknowledged by BPA.
1. No Effect on Tribal Rights. In providing funding to the Grantor, BPA is
not altering, diminishing, modifying or expanding the legal rights,
authority, or jurisdiction of any Indian tribe whether with regard to natural
resource management or otherwise, and no authority is implied by this
Conservation Easement with regard to such rights, authority or
jurisdiction. Grantor will not claim in any forum or context that BPA’s
funding, described in Sections I.C, I.D, and II.A. above, the United States’
acceptance of this grant, or Oregon’s recognition of it, bears on the nature
or extent of the Grantor’s off-reservation rights.
2. Trust Status. The Grantor shall not seek to have the United States acting
through the Bureau of Indian Affairs, or any other agency, take the
Protected Property into trust for the benefit of the Grantor.
Q. Proceeds from Activities on the Protected Property. The Grantor shall use any
proceeds generated from activities on the Protected Property (e.g., leases) towards the
operation, maintenance, and restoration of the Protected Property. If proceeds exceed
the operation, maintenance, and restoration needs of the Protected Property, the
Grantor may use the proceeds on other BPA-funded properties in the Willamette
River Basin owned by Grantor, or the Grantor may place the proceeds in its
stewardship account for the Protected Property and roll the funds over to the next
fiscal year until an operation or maintenance need arises. If the Grantor places the
proceeds in its stewardship account, the proceeds can be used for restoration, but this
must be tracked and reported to BPA.
R. Termination or Amendment
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1. Termination Standard. This Conservation Easement may be voluntarily
terminated by agreement of the Parties only if:
a) a subsequent, unexpected change in the conditions of the Protected Property
or the surrounding area makes impossible the continued use of the Protected
Property for the Purpose of this Conservation Easement (except that changed
environmental conditions related to climate change, or other natural events,
for example, wildfire, river channel migration, erosion or avulsion, shall not
be grounds for termination); or
b) BPA agrees to exchange this Protected Property for another property proposed
by the Grantor; factors that BPA will consider in determining whether to agree
to an exchange include whether the new property is at the time of the
proposed exchange determined by BPA to supply equal or better Conservation
Values to meet BPA’s mitigation needs as compared with the Protected
Property; whether the property will be permanently protected pursuant to a
conservation easement granted to BPA on terms substantially similar to this
Conservation Easement; and the costs to BPA of undertaking the acquisition
of the new property, if any.
2. Termination Process. If the Parties agree to voluntarily terminate this
Conservation Easement and have met the above termination standard, the Parties
shall terminate this Conservation Easement by executing and recording an
instrument appropriate for the purpose. In the event of termination through an
exchange for another property, the Parties must agree on the new property and its
conservation easement before this Conservation Easement will be terminated.
3. Proceeds after any Termination. If this Conservation Easement is terminated
either voluntarily by the Parties, or by involuntary extinguishment by a court of
competent jurisdiction and the termination results in proceeds, BPA is entitled to
either (1) a share of such proceeds in proportion to the amount BPA contributed to
the fee title acquisition, which is [Insert here the perecentage BPA contributed
to the purchase price, e.g., 100 percent of some lesser amount if there was cost
share] or (2) at BPA’s election, to review and approve use of the proceeds by the
Grantor to acquire new fish and wildlife habitat for BPA mitigation.
4. Amendment. This Conservation Easement may only be amended by agreement
of the Parties, and any such amendment shall be properly documented, executed,
and recorded. Amendments based on changed conditions may be made only
when the effect of the amendment is to benefit the Conservation Values (for
example, amending the Conservation Easement to place further restrictions on the
use of or activities on the Protected Property). The Parties may not use
amendments to impliedly terminate the Conservation Easement or remove any
portion of the Protected Property from its terms, except to the extent consistent
with the Purpose of the Conservation Easement.
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S. Control. The Grantor has ownership and control of the Protected Property and is
responsible for all incidents of ownership. Such incidents of ownership include, but
are not limited to, maintenance and repair of existing structures, hazardous waste
response, endangered species protection, noxious weed and invasive species response,
tort liability, compliance with applicable laws, and payment of applicable taxes and
assessments.
T. Cultural Resources. The Grantor is responsible for cultural or historic resource
mitigation or preservation on the Protected Property in accordance with applicable
cultural resource laws.
U. Hazardous Substances. To the best of the Grantor’s knowledge, there are no
hazardous substances present in, on, or under the Protected Property, including
without limitation, in the soil, air, or groundwater, and there is no pending or
threatened investigation or remedial action by any governmental agency regarding the
release of hazardous substances or the violation of any environmental law on the
Protected Property, and that there are no underground storage tanks located on the
Protected Property. If, at any time, there occurs, or has occurred a release in, on, or
about the Protected Property of any hazardous substances, the Grantor agrees to take
all steps necessary to assure its containment and remediation without cost to Grantee,
including any cleanup that may be required, unless the release was caused by
Grantee, in which case Grantee will be responsible for remediation in accordance
with applicable law. Nothing in this Conservation Easement shall be construed as
giving rise, in the absence of a judicial decree, to any right or ability in Grantee to
exercise physical or managerial control over the day-to-day operations of the
Protected Property, or any of the Grantor’s activities on the Protected Property, or
otherwise become an operator with respect to the Protected Property within the
meaning of the Comprehensive Environmental Response Compensation and Liability
Act of 1980, as amended (“CERCLA”). The Grantor specifically agrees to release
and hold harmless Grantee from and against all liabilities for violations or alleged
violations of, or other failure to comply with, any federal state or local environmental
law or regulation relating to hazardous substances, including, without limitation,
CERCLA, by the Grantor in any way affecting, involving, or relating to the Protected
Property, except to the extent such violations or alleged violations are caused by the
acts or omissions of Grantee.
V. Notice. Any notice permitted or required by this Conservation Easement, unless
otherwise specified, must be in writing, delivered personally to the persons listed
below, or will be deemed given on the date deposited in the United States mail,
certified and postage prepaid, return receipt requested and addressed as follows, or at
such other address as any Party may from time to time specify to the other Party in
writing. Notices may be delivered by facsimile or other electronic means, provided
that they are also delivered personally or by certified mail. The addresses listed
below can be modified at any time through written notification to the other Party.
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Notices to BPA should be sent to: Notices to the Grantor should be
sent to:
Director, Fish & Wildlife Program [Insert sponsor info]
Bonneville Power Administration
P.O. Box 3621
Portland, OR 97208-3621
And to BPA’s Real Property Services:
Manager, Real Property Services
RE: [INSERT BPA TRACT NO]
Bonneville Power Administration
P.O. Box 3621
Portland, OR 97208-3621
W. Effective Date. This Conservation Easement vests when signed by the Grantor, and
accepted by the Grantee.
X. Schedule of Exhibits. All exhibits are incorporated and made part of this
Conservation Easement.
Exhibit A – Legal Description
Exhibit B – Map
Exhibit C – Acceptance and Acknowledgement of Baseline Documentation Report
Exhibit D – Form Transmission Easement
Exhibit E – Acceptable Encumbrances
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Y. GRANT, COVENANTS AND WARRANTIES, SIGNATURE AND
ACKNOWLEDGMENTS
To have and to hold the Conservation Easement herein granted unto the United States
and its assigns.
The Grantor warrants and covenants to and with the United States that the Grantor is
lawfully seized and possessed of the Protected Property in fee simple, with a good
and lawful right to grant the same, including a good and lawful right to grant this
Conservation Easement; that the Protected Property is free and clear of all
encumbrances and restrictions except the encumbrances and restrictions specifically
set forth in Exhibit E (Acceptable Encumbrances); that the United States and its
assigns shall have the use of and enjoy all the benefits derived from and arising out of
this Conservation Easement; that the Grantor shall at the request of the United States
execute or obtain any reasonable further assurances of the title to the Protected
Property; and that the Grantor will forever warrant the title to the Protected Property
and defend the United States against all persons who claim a lawful interest in the
Protected Property, except for persons who claim interests under the exceptions
described in Exhibit E.
IN WITNESS WHEREOF, the undersigned Grantor has executed this instrument this
____day of __________________, 2024__.
Grantor, Insert name of sponsor
______________________________________
Name of Individual Signing
Title of Individual Signing
ACCEPTANCE BY THE UNITED STATES, GRANTEE
__________________________________
Name of Individual Signing
Title of Individual Signing
Bonneville Power Administration
Date
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ACKNOWLEDGMENT
STATE OF )
) ss.
County of )
On this ____________day of ________________________, 20_________ , before me
personally appeared ADD NAME OF INDIVIDUAL SIGNING_ , known to me or
proved to me on the basis of satisfactory evidence to be the person who executed the
within instrument as the ADD TITLE OF INDIVIDUAL SIGNING ON BEHALF OF
SPONSOR ORGANIZATION
acknowledged to me that ___he executed the same freely and voluntarily in such
capacity; and on oath stated that ___ he was authorized to execute said instrument in such
official or representative capacity.
Notary Public in and for the
State of
(SEAL) Signed
My commission expires________________________________________.
ACKNOWLEDGMENT
STATE OF )
) ss.
County of )
On this ____________day of ________________________, 20_________ , before me
personally appeared ADD NAME OF INDIVIDUAL SIGNING_ , known to me or
proved to me on the basis of satisfactory evidence to be the person who executed the
within instrument as the ADD TITLE OF INDIVIDUAL SIGNING ON BEHALF OF
SPONSOR ORGANIZATION
acknowledged to me that ___he executed the same freely and voluntarily in such
capacity; and on oath stated that ___ he was authorized to execute said instrument in such
official or representative capacity.
Notary Public in and for the
State of
(SEAL) Signed
My commission expires________________________________________
A
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EXHIBIT A
LEGAL DESCRIPTION
[potentially include WATER RIGHTS]
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EXHIBIT B
MAP
C
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EXHIBIT C
ACCEPTANCE AND ACKNOWLEDGEMENT
OF
BASELINE DOCUMENTATION REPORT
The undersigned hereby acknowledge and agree that the Baseline Documentation Report
for the [Name of Protected Property] in [County, State], prepared by _____________ of
_________________ and dated _____________, is an accurate representation of the
biological, physical and historical conditions of the subject property as of the Effective
Date of this Conservation Easement. All of the undersigned parties have received copies of
the Baseline Documentation Report, which is on file with the Bonneville Power
Administration.
Grantor:
____________________________ _________________________
By: Name of Individual Signing Date
Its: Title of Individual Signing
Bonneville Power Administration:
__________________________ _________________________
Name of Individual Signing Date
Title of Individual Signing
Bonneville Power Administration
D
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EXHIBIT D
FORM TRANSMISSION EASEMENT
AFTER RECORDING, RETURN TO
Bonneville Power Administration
TERP-3
P.O. BOX 3621
PORTLAND, OR 97208-3621
Legal description: A portion of the of
Section , Township , Range ,
.M., County, , as described in
Exhibit(s) and shown on Exhibit(s)
.
(Affects Tax Account No. .)
BPA Tract No.(s):
United States of America
Department of Energy, Bonneville Power Administration
EASEMENT AGREEMENT
Transmission Line
This Easement Agreement is made between (“Grantor”), whether one or more, and the UNITED
STATES OF AMERICA and its assigns (“Grantee”), pursuant to the Bonneville Project Act, of August 20,
1937, as amended, 16 U.S.C.§§ 832 et seq.; the Federal Columbia River Transmission System Act, of
October 18, 1974, as amended, 16 U.S.C.§§ 838 et seq.; the Department of Energy Organization Act, of
August 4, 1977, as amended, 42 U.S.C. § 7152; and the Pacific Northwest Electric Power Planning and
Conservation Act, of December 5, 1980, as amended, 16 U.S.C. §§ 839 et seq.
The parties agree as follows:
1. Conveyance and Consideration.
Grantor, for and in consideration of the sum of the funding Grantee provided to the Grantor to acquire fee
title and the provisions contained herein, does hereby grant and convey to the UNITED STATES OF
AMERICA and its assigns, a perpetual easement for electric power transmission purposes in, upon, over,
across, and under the land described in Exhibit(s) and shown on Exhibit(s) (“Easement Area”),
attached hereto and made a part hereof. The acquiring federal agency is the Department of Energy,
Bonneville Power Administration.
2. Grant of Rights.
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This Easement Agreement grants the following present and future rights:
a. Transmission Facilities. The right to enter the Easement Area and to locate, survey, construct,
reconstruct, operate, maintain, repair, rebuild, upgrade, remove, inspect and patrol transmission lines
consisting of one or more lines of poles or structures and appurtenances thereto, supporting
conductors of one or more electric circuits of any voltage, as well as appurtenances for
communication facilities (collectively, “Transmission Facilities”).
b. Transmission Hazards. The right to clear and keep clear the Easement Area from all fire/electrical
hazards, safety hazards, unauthorized structures or any other material Grantee deems could interfere
with the safe operation and maintenance of the Transmission Facilities (“Transmission Hazards”).
All Transmission Hazards within the Easement Area shall become the property of Grantee and may
be disposed of by Grantee in any manner it deems suitable.
c. Incompatible Vegetation. The right to enter, cut, trim, remove, destroy, or otherwise control all
trees (including crop-bearing trees, ornamental trees, and Christmas trees), shrubs, brush, or other
vegetation Grantee deems could interfere with the safe operation and maintenance of the
Transmission Facilities (“Incompatible Vegetation”), now or later growing within the Easement
Area. All Incompatible Vegetation within the Easement Area shall become the property of Grantee
and may be disposed of by Grantee in any manner it deems suitable.
d. Trees Outside Easement Area. The right to trim or cut down and to remove “Danger Trees”
located on land adjacent to the Easement Area. A Danger Tree is any growing or dead tree, or snag,
whether stable or unstable, which in the opinion of Grantee could interfere with the safe operation
and maintenance of the Transmission Facilities. Title to Danger Trees shall vest in Grantee and the
compensation paid for conveying this Easement Agreement is accepted as full compensation for all
present and future Danger Trees.
e. Travel Within Easement Area. The right to travel over and across the Easement Area; and as
determined by Grantee, the right to grade and gravel within the Easement Area when needed.
f. Travel To and From Easement Area. The right of ingress to and egress from the Easement Area
over the lands of Grantor, using existing routes of access where practicable.
Limited use or non-use of the rights granted under this Easement Agreement shall not prevent later use to
the full extent conveyed.
3. Grantee’s Due Care.
Grantee shall exercise due care in the exercise of rights and privileges granted herein. Grantee agrees to
repair or reasonably compensate Grantor for damage to Grantor’s property caused by the exercise of
Grantee’s rights, excluding property conveyed to Grantee under section 2 of this Easement Agreement.
Payment for such damage shall be made on the basis of a damage estimate approved by Grantee.
4. Grantor’s Warranty.
Grantor warrants title to the rights granted herein. Grantor further covenants that Grantor is the sole owner
of the property over which this easement is granted, that Grantor has the lawful right to convey this
D
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easement interest, and that the property is free and clear of encumbrances, except as agreed to by Grantee.
5. Grantee to Obtain Title Report and Record.
Grantee shall pay for the procurement of any title report or title insurance that Grantee may require, and
shall pay to record this instrument.
6. Prohibited Uses of the Easement Area.
It is the intention of Grantee to allow Grantor a reasonable right to use and have access to and across the
Easement Area, when and where such use does not interfere with the rights of Grantee. Certain uses,
however, are prohibited unless Grantor obtains prior written permission from Grantee, which will not be
unreasonably withheld. If Grantor proceeds without prior written permission to conduct a prohibited use,
Grantee shall have the right to take any action deemed appropriate to address such use.
The following are examples of uses prohibited within the Easement Area unless prior written permission is
obtained from Grantee. The examples provided below are not intended as an all-inclusive list of prohibited
uses.
a. Grantor shall not erect structures. By way of example, prohibited structures shall include, but are
not limited to buildings, mobile homes, signs, light standards, fences, storage tanks, storage sheds,
propane tanks, fueling stations, septic systems, swimming pools, tennis courts, or similar facilities.
b. Grantor shall not drill wells or conduct mining operations.
c. Grantor shall not construct, install or operate above-ground mechanical irrigation facilities.
d. Grantor shall not appreciably change the grade of the land, normal farming practices excluded.
e. Grantor shall not construct roads in the Easement Area.
7. Easements of Record.
The rights granted in this Easement Agreement are subject to easements of record and the mineral rights of
third parties.
8. Heirs, Successors and Assigns Bound By Agreement.
The provisions hereof shall inure to the benefit of and be binding upon the heirs, executors, personal
representatives, administrators, successors, and assigns of Grantor and Grantee.
E
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FORM ONLY – SIGNATURES NOT REQUIRED
EXHIBIT E
ACCEPTABLE ENCUMBRANCES
C:
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APPENDIX C: TEMPLATE BASELINE DOCUMENTATION REPORT
Baseline Documentation Report Outline
The Baseline Documentation Report may rely on and incorporate by reference other
information already in the project file, such as title opinions, appraisals, or water
rights certificates and need not be duplicative. At a minimum the reports should
include the following:
1) General Contents
a) Describe the purpose and conservation values of the easement.
b) Summarize the easement restrictions.
c) Statement of baseline report author identification and author’s qualifications.
d) Landowner contact information (name, address, phone numbers, email address)
e) Physical address of property, including the county
f) Directions to the property from the nearest town or major highway
g) Date of site visit if different from date report prepared and signed
h) Signature of owner and grantor acknowledging the report.
2) Property Description
a) Invasive weed survey or list with kind, location, and extent of invasion.
b) Flora and fauna survey or list.
c) Habitat survey or list with types and locations.
3) Current Management and Use
a) Historical ownership and use describing the history of the easement area such as
past agricultural, forestry, residential, commercial, or mitigation uses.
b) Current property uses; e.g., extent farmed, for what crops, what techniques and
management practices used.
c) Potential threats to the conservation values posed by activities such as
unauthorized use of the easement area or adjacent land use, as applicable.
d) References to, or copies of, existing plans for forestry, burning, agriculture, or
stewardship.
e) Water use and rights.
i) Water right permit or certificates attached when appropriate.
ii) Document beneficial uses, time, place, and manner of use, point of diversion,
C:
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water delivery infrastructure, and condition of equipment (e.g., fish screen in
working order).
f) Evidence of unrecorded easements, leases, and permits, e.g., any evidence of
active mining
4) Maps and Photographs
a) Photographs showing the location size, use, and condition of all structures; e.g.,
houses, barns, pumps; utilities; fences, roads; trails; potential or future
restoration sites; threats or impacts present (e.g., unauthorized trails, marijuana
growing sites, dumps); priority ecological systems, plant communities, and other
features identified as conservation values. Accompany all photographs with
GPS coordinates and directional notations.
b) Verbal description covering the nature and condition of all utilities, both above
and below ground.
c) Locations and conditions of all roads, paths, trails, and fences.
d) Photographs, with GPS coordinates of the photo points, of all property
boundaries and corners.
e) Map depicting the location of photo points used in the baseline documentation
report.
f) Map showing easement zones or other areas of special emphasis or restrictions,
as applicable.
g) Acknowledgement
5) Easement grantor must sign an acknowledgement affirming that they have read
and agrees with the descriptions in the baseline document report. See the Baseline
Documentation Report Acknowledgement Form, Appendix XIII.
C:
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Baseline Document Report Acknowledgement Form
ACKNOWLEDGEMENT OF PROPERTY
CONDITION
The undersigned accept and acknowledge that the Baseline Documentation
Report titled [TITLE] prepared by [NAME] on [DATE] is an accurate
representation of the biological, physical and historical conditions of the
subject property as of the Effective Date of this Conservation Easement. All
of the undersigned parties have received copies of the Baseline
Documentation Report and it is on file with the Bonneville Power
Administration.
Grantor:
Date:
Title:
Grantee:
By: Date:
Title:
D: Template
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APPENDIX D: TEMPLATE MANAGEMENT PLAN OUTLINE
The template
for a property . The management plan
.
easement, ODF
•
•
agreements
•
• needed
•
•
• -
I
management plans.
D: Template
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sponsor
property that the sponsor
plan.
plan and its goals.
amendments prior to its implementation.
-
-
managem
Review the entire template including appendices before answering questions. Answer all questions in
all sections in the order in which they appear. If a question is not applicable to your project, write
ant information. Include supporting documentation
D: Template
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such as maps and photos within the plan body or as appendices. Include a table of contents that
identifies sections, questions, figures, maps, and any appendices.
Staff is available to discuss specific elements of the plan and to review the proposed Goals, Objectives,
and Strategies as part of plan development. Otherwise, it is generally preferred to complete the Land
Management Plan Checklist in Appendix A before submitting the plan for formal review. Maintain all
comments and use track changes to catalog edits during the review process.
D: Template
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A. PROPERTY DETAILS AND GENERAL INFORMATION
1. P
ROPERTY AND LAND MANAGEMENT PLAN INFORMATION
Plan start date
dates.
Property manager
-the-
2. GRANTEE AND GRANTOR ROLES AND RESPONSIBILITIES
3. ACQUISITION PURPOSE AND CONSERVATION VALUES
4. C
ONNECTIVITY
an ODFW
plan
D: Template
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5. ADJACENT LAND USE
and
as appropriate.
6. CURRENT AND HISTORICAL LAND USE
7. I
NTERIM MANAGEMENT ACTIVITIES
8. M
ANAGEMENT ACCESS
9. P
UBLIC ACCESS AND USE
,
.
10. CURRENT AND PRIOR LAND USE AGREEMENTS
11. I
NCOME-GENERATING ACTIVITIES
-
12. GRANTING OF RIGHTS
-
13. E
XISTING INFRASTRUCTURE
D: Template
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14. WATER RIGHTS
terms and timeframe.
15. H
ISTORICAL AND CULTURAL RESOURCES
property management.
16. S
TAKEHOLDER AND PUBLIC INVOLVEMENT
development.
B. EASEMENT RESTRICTIONS AND PROHIBITIONS
17. E
ASEMENT PROHIBITIONS AND COMPLIANCE TABLE
Easement Prohibitions
Compliance Status
Plan.
D: Template
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C. CURRENT ECOLOGICAL SETTING
18. C
URRENT HABITAT TYPES AND CONDITIONS
19. SPECIAL STATUS SPECIES
-
-
20. I
NVASIVE SPECIES
the
2010 Agreement
-
-
rairie,
-
-
D: Template
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21. HYDROLOGIC CONSIDERATIONS
.
Provide details in the
22. SOIL TYPES
map for the property.
23. F
IRE HISTORY OR PLANNED BURNS
.
24. THREATS TO CONSERVATION VALUES
-
.
25. TEMPORARY AGRICULTURE, GRAZING OR FORESTRY ACTIVITY AND PHASE-OUT PLAN
temporary
-
•
• Provide a map.
26. L
ONG-TERM AGRICULTURE, GRAZING OR FORESTRY ACTIVITY
long-term
•
•
.
•
27. E
NVIRONMENTAL REGULATIONS
D: Template
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D. GOALS, OBJECTIVES, AND STRATEGIES
28. C
URRENT AND DESIRED FUTURE CONDITIONS TABLE
29. DFCS AND GOALS, OBJECTIVES, AND STRATEGIES
A) DESIRED FUTURE CONDITIONS
•
•
•
•
.
B) DFC GOALS, OBJECTIVES, AND STRATEGIES
the .
•
•
•
•
C) OTHER GOALS, OBJECTIVES, AND STRATEGIES
--
Goals
,
addressed are not limited to,
.
Goals generally
-. Strategies
state generally
D: Template
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E. MONITORING AND ADAPTIVE MANAGEMENT
-
30. M
ONITORING
onitoring planned
identified goalsConservation
. .
- and post-treatment monitoring
31. ADAPTIVE MANAGEMENT
F. CLIMATE CHANGE
32. POTENTIAL CLIMATE CHANGE IMPACTS
-
33. M
ONITORING AND ADAPTING TO CLIMATE CHANGE IMPACTS
G. SUPPLEMENTAL RESTORATION AND MANAGEMENT INFORMATION
34. C
URRENT AND POTENTIAL PARTNERS
35. C
ONSISTENCY WITH PRE-ACQUISITION DISCUSSIONS OR PREVIOUS MANAGEMENT PLAN
pre-
the rationale.
D: Template
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36. PAST AND PLANNED RESTORATION FUNDING REQUESTS
Date
Applied
Permits
37. O
THER PAST, CURRENT OR PLANNED CONSERVATION PROGRAM ENROLLMENT
D: Template
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APPENDIX A: WWMP LAND MANAGEMENT PLAN CHECKLIST
.
☐
A. Property Details and General Information
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐ -
☐
☐
☐
☐
☐
B. Easement Restrictions and Prohibitions
☐
C. Current Ecological Setting
☐
☐
☐
☐
☐
C. Current Ecological Setting (cont.)
☐
☐
☐
Phase-
☐ -
☐
D. Goals, Objectives, and Strategies
☐
☐
☐
☐
E. Monitoring and Adaptive Management
☐
☐
F. Climate Change
☐
☐
G. Supplemental Restoration and Management
Information
☐
☐ -
☐
☐
Program Enrollment
D: Template
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MAPS
Required Maps:
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
☐
Additional Maps to include if applicable:
☐
☐ Topography
☐
Attachments
☐ Conservation Easement
☐
☐
☐ Photographs
☐
☐
☐ Forestry plans and/or other related management
. C
• All attached maps should contain basic cartographic elements including but not limited
to a title, north arrow, scale, and a legend referencing all map components.
• Roads, paths, streams, water bodies, pipelines, and power line ROWs should be
identified and labeled in maps they appear in, where appropriate.
• Any maps (excluding historic aerial photos) referenced should be integrated into the
body of the document, rather than in the appendices.
• Each map should occupy its own individual page and be of sufficient size and
resolution to be easily readable.
• To the extent that it is possible, the maps should utilize the same color, symbology,
labeling scheme, and base map.
•
Use of satellite or aerial photography derived base maps is preferred.
D: Template
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APPENDIX B: GUIDANCE AND EXAMPLES FOR DEVELOPING GOALS, OBJECTIVES, AND STRATEGIES
Goal:
Objective: A
Goal.
1.
2.
3.
4.
5.
Strategies
Goal 1: Remove and control invasive plants in grassland habitat.
Timeline
Stewardship
Funding
Objective 1
2022-
2025
Objective 2
2022-
2023
Objective 3
2022-
2025
Goal 2: Maintain and expand populations of priority plant species in
grassland habitat.
Timeline
Stewardship
Funding
Objective 1
2022-
2032
Objective 2
-
-.
2023-
2025
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Objective 3
2022-
2023
2022-
2023
Objective 4
-native grass
-native grasses.
2023-
2028
2026-
2028
Goal 3: Restore native wet prairie plant communities.
Timeline
Stewardship
Funding
Objective 1
2022-
2023
implementation.
2023
-
2022-
2023
2023-
2025
treatments.
2025-
ongoing
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Goal 4: Provide public access compatible with habitat management goals.
Timeline
Stewardship
Funding
Objective 1
Objective 2
Objective 3
--
2022
2023
D: Template
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APPENDIX C: MONITORING EXAMPLES
Goal 1: Remove and control invasive plants in grassland habitat.
Timeline
Objective 1
Objective 2
grassland
Objective 3
Goal 3: Restore native wet prairie plant communities.
Timeline
Objective 1
prairie.
2023-
2025
prairie.
2025,
every 5
years
thereafter
2025,
thereafter
D: Template
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Goal 4: Provide public access compatible with habitat management goals.
Timeline
Objective 1
Objective 2
Objective 3
2022
APPENDIX C: MONITORING EXAMPLES
Goal 1: Control invasive plants in grassland habitat.
Timeline
Objective 2
Objective 3
D: Template
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Goal: Restore native wet prairie plant communities.
Timeline
prairie.
2023-
2025
prairie.
2025,
every 5
years
thereafter
2025,
Goal: Provide public access compatible with habitat management goals.
Timeline
2022
E:
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APPENDIX E: BASELINE OPERATIONS AND MAINTENANCE FUNDING BACKGROUND
Bonneville Power Administration
Willamette Wildlife Mitigation Program
Operations and Maintenance
ODFW Baselines
November 13, 2012
(minor edits 9/9/13)
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Background
In order for the State of Oregon to successfully implement the October 2010 Willamette River
Basin Memorandum of Agreement Regarding Wildlife Habitat Protection and Enhancement
between the State of Oregon and the Bonneville Power Administration (Settlement) permanent
funding for operations and maintenance (O&M) activities that maintain desired habitat
conditions on projects must be established. The Settlement document anticipated this need when
the parties agreed to the creation of a Stewardship Account (II G. 1.d.). This account is to receive
funding for projects as “the Parties shall determine what portion of this funding for new projects
to dedicate to stewardship”.
The State of Oregon (State) is then to use this account to establish a grant program that funds
O&M in perpetuity. Since the document clearly states that BPA will no longer have an obligation
to fund O&M if the funds in the account are inadequate (II G. 1.d.v.)., it is essential to establish a
baseline per acre estimate of ongoing O&M expenses on an annual basis. Also essential is the
creation of an endowed stewardship account that can reasonably be expected to produce a
perpetual income stream to fund annual program expenses. This document represents the State’s
approach to determining a baseline cost estimate for O&M to support administrative expenses
and land management over time, and then a calculation method to be used to determine the
principal needed to generate that amount annually. This baseline covers annual O&M on
functional habitat projects only, and does not reflect costs for habitat restoration activities on
projects.
The Settlement also anticipated other options for funding of long term O&M. Tribes may opt out
of the State Stewardship grant process (II G. 1.d.iii). Applicants other than ODFW may also
propose permanent O&M funding as part of their projects (II G. 6). Finally, the project selection
criteria are to positively consider contributions of funding from other sources in the ranking
process (II D. 4). The draft criteria recognize such contributions towards O&M explicitly;
Long Term Operations & Maintenance: Evaluation under this criterion should focus on
demonstrated fiscal capacity, staffing and presence in the Willamette Basin of the
conservation landowner, in order to maintain WWMP investments in wildlife habitat
values for decades to come. Costs will vary significantly depending on the specific site.
However, applicants will be expected to delineate the source of long term O&M funding
and provide a detailed description if the projected expense deviates significantly from the
current ODFW baseline rate.
Applicants should make a good faith effort to project the needs and annual cost for long
term stewardship of the site post-restoration in order to maintain habitat benefits in
perpetuity.
The conservation owner must have a viable plan to fund and support annual maintenance
requirements of the site. Assessment of long term stewardship needs should focus on the
long term owner of the conservation interest in the property, which in some cases may
not be the same entity as the applicant for acquisition funding. The criteria for evaluation
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of projects based on long term operations & maintenance funding will be based on the
following:
a. The conservation landowner has a plan for securing funds to maintain the property’s
habitat values in perpetuity
b. The conservation landowner has the organizational capacity, funding, expertise and
partnerships to maintain the property’s habitat values in perpetuity.
Score: 3; High level of confidence in long term operations and maintenance capacity.
Partnership funding of O&M is assured; 2; Reasonable level of confidence with some
concerns. Some degree of ODFW/BPA program funding will be required; 1; Low level of
confidence with significant concerns. ODFW/BPA funding for most O&M will be
necessary.
Under the proposed criteria, if proponents bring forward projects that include plans for funding
long term O&M through their own organizational capacity, without the need for such funding
from BPA or the State’s program, rankings will positively reflect such capability. Such projects
would therefore not receive O&M funding from the Stewardship Account. However, proponents
may also bring forward projects that request funds for acquisition and O&M for a one time
endowment for perpetual O&M. A definite need exists to establish a standard level of dispersing
O&M funds to address project needs. Prior to this baseline there has been no standard and O&M
requests have been variable, with a high degree of inconsistency in their calculation and
approach.
The Department establishes a starting baseline O&M estimate on a per acre basis, which the
State will use as a standard for estimating baseline O&M for all projects in the future, with the
intent of using that estimate to structure our long-term funding plan. In addition, the State
proposes utilizing the baseline O&M estimate and applying it to all funded project acres except
those that have demonstrated an alternative means of funding long term O&M as described
above. We also propose discussing this baseline estimate with the three Tribes and, with their
concurrence, using it in the future to assess minimum O&M funding for Tribal projects. The
baseline estimate would be used to assess the adequacy of proposed alternative O&M funding by
project proponents as well.
During each funding cycle, the calculated baseline amount (in dollars per acre) will be provided
to BPA along with the State’s project recommendations. For all projects that will require BPA
O&M funding, the State will request BPA place sufficient principal in the Stewardship Account
to generate annual income sufficient to cover baseline O&M funding in perpetuity for each
recommended project, using an income estimation method that will be described later. In
addition to such direct project-oriented funding, unexpended ODFW acquisition fund dollars (II
G.2) and unexpended ODFW operation and maintenance fund dollars (II G.2) may also be
transferred to the Stewardship Fund each year (II G. 10). This would reduce the amount needed
from project-oriented funding, as would projects that funded O&M from non-BPA partnerships.
The final objective is to have the Stewardship Fund fully funded at the conclusion of the
Agreement period, in order to produce an income stream that produces enough revenue each
year to pay the baseline O&M cost for all those acres that have indicated a dependence on the
account for such funding.
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Annual Evaluation
Actual O&M costs for projects may well vary from this estimate. Given the inherent difficulties
in predicting long term O&M costs, institutional stability over decades, interest rates, and the
like, we will assess our assumptions and analysis annually over the course of the Settlement and
propose modifying the funding level if we find our estimates were not accurate or deviate from
recent experience.
Pre-funding Long Term O&M on Legacy Projects
The Parties have discussed the long term funding of O&M on those projects that pre-date the
Agreement (“Legacy Projects”) and those that have been funded to date on several occasions.
There were 6,699 acres protected prior to 2010, an additional 2,958 acres protected in 2010, and
an additional 857 acres in 2011 and 2012, for a total of 10,514 acres. Of those total acres, BPA
and ODFW have been funding some level of O&M activities on approximately 3,469 acres
through the Department’s Willamette Wildlife Mitigation Program (Project Number 199206800).
This does not include those acres where ODFW is the project manager. The projects and acres
considered Legacy Projects are those where there is some level of expectation that this O&M
funding continue. These projects are shown in Table 1.
Talks being conducted with those Legacy Project sponsors that receive ongoing O&M funding
through the State’s program will continue. This does not include the Zena and Sorenson
properties, where BPA holds the Conservation Easements, and which will have to be discussed
separately. We may propose capitalizing those ongoing O&M expenses at the agreed baseline
rate, subject to individual adjustment based on the history of per acre funding for each project. If
mutually agreed by the State and each project proponent, we will then propose that the principal
in the amount needed to generate such annual income be placed into an ODFW Stewardship
Account by BPA. If BPA agrees and has the funds to do so, they may then capitalize some or all
of the proposed projects’ O&M from those dollars it has agreed to provide to the Willamette
Wildlife Fund (II G. 1). If such capitalization of Legacy Projects does occur, it shall not increase
the financial obligations that BPA has agreed to provide.
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Table 1. Legacy properties acquired prior to FY2013 with outstanding O&M needs.
Proponent
Property
acquired
Total
Acreage
Cost
Cost per
acre
FY Year
Acquired
O&M status
BPA
Zena Ranch
1797
$6,485,000
$3,609
2007
O&M is funded annually
through the ODFW O&M
budget.
Friends of
Buford Park
Sorenson
42
$172,955
$4,118
1998
O&M is funded annually
through the ODFW O&M
budget.
GLT
(ODFW
owns CE)
Lonestar
199
$2,414,000
$12,131
2008
O&M on GLT properties is
funded annually through the
ODFW O&M budget.
GLT
Willamette
Bluffs
119
$488,648
$4,106
2009
MRT
(ODFW
owns CE)
Big Island
108
$242,955
$2,250
2001
O&M on MRT properties is
funded annually through the
ODFW O&M budget.
MRT
Green Island
856
$1,052,826
$1,230
2004
MRT
Hunsaker
(Beggeren
Watershed
Conservation
Area)
92
$777,000
$8,446
2010
MRT
Melovin
(Coburg
Aggregate
Restoration
Project)
58
$1,200,000
$20,690
2010
MRT
Railroad
Island
63
$37,500
$595
$0
ODFW/City
of Corvallis
Muddy
Creek/Mary's
River (Herbert
Natural Area)
222
$387,500
$1,745
2002
O&M is funded annually
through the ODFW O&M
budget.
ODFW/
BPA
John R.
Palensky
417
$700,000
$1,679
1991
O&M is funded annually
through the ODFW O&M
budget.
ODFW
Canby
Landing
23
$250,000
$10,870
2002
O&M is funded annually
through the ODFW O&M
budget.
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Calculating Baseline O&M
According to the Center for Natural Lands Management, operations are defined as the
administrative and staff functions which occur at the property level, including office, legal and
utility costs related to the management of the site, as well as habitat management, monitoring
and biological surveys necessary to monitor and maintain the biological function and integrity of
the property (CNLM 2004). The O&M budget can be broken down into three overarching
categories: administration, ecosystem management and general maintenance.
The nature of the Willamette Valley makes O&M costs especially high due to several key
factors;
1. The high population density of the region and related costs of controlling access,
trespass, and public use;
2. The proliferation of invasive species;;
3. The long growing season and mild climate;
4. The high cost of goods, services, and properties in most areas compared to many
more rural areas; and
5. The fragmentation of natural habitats in the area.
On heavily impacted sites, the cost of habitat maintenance can be expected to decrease over time
as high upfront costs associated with restoration are replaced by long-term upkeep and
maintenance costs that generally can be expected to be relatively constant and less expensive.
This baseline does not cover the upfront restoration activities often needed to restore habitats to
functional condition. Instead, we assume functional and restored conditions are present and
estimate the costs of baseline O&M activities needed to maintain that condition.
Minimum Baseline O&M Standards
There are various biological, logistical, and managerial conditions that may influence operations
and maintenance costs for each property acquired. These include the overall stability of
conditions, particularly the type and the abundance of invasive species which need to be actively
managed and controlled. The specific habitat types present and extent of natural function, as well
as the resilience of the biological community, will strongly dictate management and maintenance
costs. The management goals for each site, particularly whether the goal is protecting healthy
and relatively intact areas versus restoring or converting heavily damaged and disturbed habitat
may also impact O&M for each project (CBFWA 2007).
The location of the property and ease of access are factors as the cost of the transportation of
personnel and supplies are impacted by distance and terrain. Proximity to the “home base” of the
responsible party tending to the property and ease of access will greatly affect cost, especially
when considering travel to and from the property.
Whether or not a site has public access will also impact overall costs due to the extra
maintenance required for associated items like trails, signage, parking and enforcement of public
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use regulation. Activities associated with public use are a major component of maintenance and
operations costs (CNLM 2004).
The size, structure and experience of the managing organization may also influence the per acre
cost for O&M, since larger, more experienced organizations generally have more equipment and
resources to cover O&M expenditures which may reduce per acre costs. Smaller or less
experienced partners may lack the funds, supplies and staff and require more assistance to meet
O&M costs. Adjacent land use can also influence maintenance as trespass, invasive species, and
disturbance could impact the level of management required to maintain healthy ecological
function.
Willamette Valley restoration ecologists from conservation organizations and experienced
ODFW staff were asked to provide estimates informed by past experience on the average O&M
costs per acre for baseline habitat maintenance on functional habitats. The general activities and
associated costs they identified to maintain each habitat type are listed in Table 2. Each
individual value represents a response, which demonstrates a range of costs depending on habitat
type, as well as individual property.
Table 2. Maintenance cost by habitat type as estimated by conservation organizations and ODFW staff
in the Willamette Valley. Typical tasks included in the cost estimates are noted
Habitat Type
Cost/Acre/Yr
Maintenance
Wetland
$25
herbicide, mowing, disking, water level management
Riparian
$10
herbicide, invasive plant removal
Oak
Savannah
$20
herbicide, mowing, invasive plant removal, cat work,
planting
Grassland
$52
Average cost for Grassland
$15
herbicide, mowing, planting
$40
yr 5-10, add rhizomes, big rooted plants, and bulbs
$100
spot spray, veg. monitoring ,planting
Average
$26.75
Maintenance per acre per year averaged across
habitat types
The annual operational budgets for two ODFW NW Region wildlife areas, on a per acre basis,
are provided in Table 3. The annual budget includes staff, administrative costs, field maintenance
and general services and supplies. Also provided are estimated annual O&M expense estimates
from two well-respected land trusts that are managing conservation easements in the Willamette
Valley.
Table 3. Operating budgets estimated and/or O&M cost per acre per year estimates for ODFW Wildlife
Areas and Land Trust Conservation Easements in the Willamette Valley
Wildlife Area
Cost/Acre/Yr
Fern Ridge
$51.69
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Sauvie Island
$56.82
WV Land Trust “A”
$101.33
WV Land Trust “B”
100.00
Average
$77.46
The Center for Natural Lands Management conducted an in-depth study of natural land
management costs for the EPA in 2004 (CNLM 2004). They analyzed twenty-eight sites in
Arizona, California, and Oregon. Their sizes ranged from 13 acres to more than 100,000 acres
with a total of 325,000 acres surveyed. They were owned by public agencies, private non-profits
or private parties in mitigation banks. The variation between preserves was striking not only in
the total management cost but in the kinds of activities necessary to manage them. Annual
management costs averaged $51 per acre per year for all 28 projects (the median was $122 for
the sample). The range in cost per acre per year was $6 to more than $2,100. O&M varied
significantly due to site specific variables. The study established various categories that required
a specific percentage of the O&M budget (Table 4).
Table 4. Average percentage breakdown of the O&M budget for each of the 28 sites in the CNLM
study (CNLM 2004).
Category Percent Cost/Acre
Administration 18% $9.18
Construction 8% $4.08
Biotic Surveys 7% $3.57
Habitat Maintenance 15% $7.65
Water Management 3% $1.53
Public Services 19% $9.69
General Maintenance 3% $1.53
Reporting 3% $1.53
Office Maintenance 5% $2.55
Field Equipment 6% $3.06
Operations 6% $3.06
Contingency 7% $3.57
Total 100% $51
The cumulative increase in inflation between January 2005 and July 2012 has been 20.14%. This
means that the estimates obtained in 2004 would be approximately $61.27/acre in 2012.
Table 5 summarizes the range of cost estimates discussed above.
Table 5. Summary of Cost Estimates
Cost/Acre/Yr
Estimate Source
$51.00
Center for Natural Lands Management 28 Case
Studies - 2004
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$26.75
Willamette Valley Experts – Habitat Management
Only
$77.46
ODFW & Land Trust Average
State Baselines for Funding the Stewardship Account
The state will use a value of $78.00 per acre as an initial annual baseline O&M cost per acre
estimate. This is designed as a conservative estimate that approximates ODFW’s current cost of
management of our own properties. We recognize that it may be difficult for some organizations
to achieve baseline O&M at this funding level. Difficulties of this type could be accommodated
by requesting higher O&M on specific projects (with justification), partnerships that funded
some or all O&M from non-BPA sources and by periodic analysis and adjustment of the rate
applied. To provide an annual income stream to fund the estimated long-term operations and
maintenance cost of $78 per acre the Stewardship Account should be set up as a permanent
endowment that will cover baseline O&M for all projects so designated at the time of funding.
This will ensure that O&M costs can be covered after BPA’s acquisition commitments are met
and BPA is no longer obligated to provide funding for these activities. Without such an
endowment, the loss of BPA funding will put the long term habitat mitigation provided by the
protected acres in serious jeopardy.
Assuming that the minimum number of additional acres required in the Agreement are all that
were purchased (II C), and that all those acres were dependent on the Stewardship Account for
funding, using the $78.00 per acre baseline would yield the following annual expenditure; 16,880
acres x $78 per acre= $1,316,640 per year.
Pending legislative authorization, the State’s Stewardship Account will be deposited into the
Oregon Intermediate Term Pool (OITP). The OITP provides Oregon state-owned and sponsored
entities with a vehicle to invest dollars not needed to cover short-term needs and able to withstand
greater price volatility to achieve returns often associated with longer-term investments.
The OITP
was established in July of 2010, so historical return information is lacking. In deciding on the
interest rate to use in calculating the amount of Settlement funding to put into the account, we
propose to use the 25 year average of 1, 3, and 5 year U.S. Government Treasury securities, as
reported by the Federal Reserve (Federal Reserve System). Table 6 below shows this data. The
current average for the last 25 years (1987 – 2011) is 4.79%.
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Table 6. Market yield on U.S. Treasury securities at 1-year, 3-year, and 5-year constant maturities,
quoted on investment basis
Year
1987
6.77
7.68
7.94
7.46
1988
7.65
8.26
8.48
8.13
1989
8.53
8.55
8.5
8.53
1990
7.89
8.26
8.37
8.17
1991
5.86
6.82
7.37
6.68
1992
3.89
5.3
6.19
5.13
1993
3.43
4.44
5.14
4.34
1994
5.32
6.27
6.69
6.09
1995
5.94
6.25
6.38
6.19
1996
5.52
5.99
6.18
5.90
1997
5.63
6.1
6.22
5.98
1998
5.05
5.14
5.15
5.11
1999
5.08
5.49
5.55
5.37
2000
6.11
6.22
6.16
6.16
2001
3.49
4.09
4.56
4.05
2002
2
3.1
3.82
2.97
2003
1.24
2.1
2.97
2.10
2004
1.89
2.78
3.43
2.70
2005
3.62
3.93
4.05
3.87
2006
4.94
4.77
4.75
4.82
2007
4.53
4.35
4.43
4.44
2008
1.83
2.24
2.8
2.29
2009
0.47
1.43
2.2
1.37
2010
0.32
1.11
1.93
1.12
2011
0.18
0.75
1.52
0.82
The amount of baseline O&M funding required will be used to calculate what amount will be
needed to deposit in the stewardship account on an annual basis. The objective is to create a
permanent endowment in the account, where the principal is untouched and earnings provide
enough income to cover at least the baseline O&M (for all projects where an O&M source is
needed) in perpetuity.
In practice the amount placed in the account may be reduced by the use of the actual acres
protected, after subtracting those protected acres where some means other than the State’s
stewardship account will provide O&M. The amount will also be adjusted to fit changes in return
anticipated in the account. We will use a rolling average and update the assumed rate annually, in
order to calculate the return rate going forward (in other words, recalculate next year to measure
the 25 years from 1988 – 2012, and the year after that to use the years 1989 – 2013, and so one)
until the Settlement period is completed. If accurate and predictable information on actual OITP
earnings becomes available during this period, that rate will be used in the future.
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The State will provide BPA with these figures annually for our project recommendations, and
will also periodically review the assumptions, funding levels, management needs, and other
factors related to this issue with BPA to ensure progress towards the common goal of fully
funding the stewardship account to provide a perpetual income stream sufficient to maintain
protected habitats while still meeting or exceeding the minimum acreage targets as specified in
the Settlement.
Using the current estimates and earnings, a million dollars in the account will theoretically earn
$47,900 annually. When 16,880 acres is multiplied (the minimum additional acres to be
purchased since Settlement) times the baseline O&M figure, expressed in dollars/acre/year, to
estimate the amount of O&M needed to maintain the habitat values on all protected lands, and
then using the current 25 year average of 1, 3, and 5 year U.S. Government Treasury securities,
as reported by the Federal Reserve, the estimate of Stewardship Account funding shown in Table
7 is produced. The approximate amounts of the Willamette Wildlife Fund that could go to
acquisition and to stewardship under this proposal are shown in Figure 1. It should be noted that
these amounts would be reduced where projects involved partnerships that covered O&M
expenses, as anticipated in the agreement.
Table 7. Stewardship account estimate including estimated O&M needs as well as estimated principal
investment required, if all 16,880 acres required O&M funding.
Average Cost of O&M
per acre per year
Total Acres
Total
Annual
O&M
Principal Investment
Required
$78
16,880
$1,316,640
$27,487,265
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Acronyms:
BPA Bonneville Power Administration
CNLM Center for Natural Lands Management
O&M Operations and Maintenance
ODFW Oregon Department of Fish and Wildlife
OITP Oregon Intermediate Term Pool
WWMP Willamette Wildlife Mitigation Program
CBFWA Columbia Basin Fish and Wildlife Authority
References:
Center for Natural Lands Management (CNLM). 2004. Natural Lands Management Cost
Analysis: 28 Case Studies. Prepared for the Environmental Protection Agency.
Columbia Basin Fish and Wildlife Authority. 2007. A Discussion of Factors Affecting
Operations and Maintenance Costs Associated with Wildlife Mitigation Projects Implemented
Under the Northwest Power Planning and Conservation Act of 1980. Prepared for the
Independent Economic Advisory Board. Available at www.cbfwa.org.
Federal Reserve System. Market yield on U.S. Treasury securities at 1-year, 3-year, and 5-year
constant maturities, quoted on investment basis. Available at
http://www.federalreserve.gov/releases/h15/data.htm.
Willamette River Basin Memorandum of Agreement Regarding Wildlife Habitat Protection and
Enhancement between the State of Oregon and the Bonneville Power Administration. October
22, 2010.
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APPENDIX F: TEMPLATE STEWARDSHIP AGREEMENTS
Bonneville Stewardship Funding Agreement
[Name of property]
I. Purpose of the Agreement
The Bonneville Power Administration (“BPA”) has funded the acquisition by [SPONSOR]
(“Sponsor”) of a conservation easement (“Conservation Easement”) located in ________
County, Oregon (“Property”). BPA provided this funding to partially fulfill its fish and wildlife
mitigation responsibilities under the Pacific Northwest Electric Power and Conservation Act, 16
U.S.C. § 839(b)(h)(10), and consistent with its obligations under the Willamette River Basin
Memorandum of Agreement Regarding Wildlife Habitat Protection and Enhancement between
the State of Oregon and the Bonneville Power Administration, October 22, 2010. In exchange,
the United States (acting by and through BPA) received third-party rights of enforcement
through the Conservation Easement. BPA and [Sponsor] are the Parties (“Parties”) to this
agreement.
II. Property[/ies] Covered by this Agreement
1. [Property name] (BPA Tract ID …..)
III. Consideration
1. BPA will make a one-time lump sum payment of $__________ from which [Sponsor] will
draw monies as needed to provide stewardship on the Property (the “Stewardship
Funding”).
2. Upon delivery of the Stewardship Funding, BPA will have forever satisfied any and all
obligations it may have to [Sponsor] or any other entity or under any law to fund the
stewardship of the Property.
3. [Sponsor] will not request or support the requests of others for any additional funding from
BPA for stewardship activities on the Property as those activities are described in section
IV.2 below. This agreement does not, however, preclude [Sponsor] from seeking other
funding from BPA or any other source to restore the Property, as provided in section IV.4
below, to improve the ecological conditions on them for native fish and wildlife. BPA has
no obligation to provide additional funding for restoration.
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IV. Use of the Stewardship Funding
1. BPA is providing the Stewardship Funding under this agreement for [Sponsor] to provide
stewardship on the Property; that is, for land management and maintenance on the Property
in a manner that preserves or enhances its conservation value. [Sponsor] must use the
Stewardship Funding only in a manner that helps fulfill the terms of the Conservation
Easement, legal obligations associated with land ownership not otherwise prohibited by
this agreement, and any land management plan for the Property determined by BPA to be
consistent with the purpose of the acquisition and the terms of the Conservation Easement.
2. [Sponsor] may expend the Stewardship Funding on land management and maintenance
activities, including project management and oversight. BPA encourages [Sponsor] to use
the funding for on-the-ground stewardship activities wherever possible to ensure
protection, maintenance and enhancement of the Conservation Values identified in the
Conservation Easement. Notwithstanding the foregoing, Stewardship Funding shall not be
used for restoration activities as described in section IV.4, below. Any uncertainty may be
referred to BPA for resolution.
Representative stewardship activities under this agreement include, but are not limited to:
• Monitor and enforce Conservation Easement terms and conditions;
• Monitor and address surrounding land uses or activities that could adversely affect the
conservation values on the Property;
• Maintain [Sponsor]’s realty files including current photos, maps, tax and ownership
information;
• Update existing management plans;
• Maintain signage;
• Inventory, map and evaluate habitat conditions;
• Outreach to neighbors, stakeholders, local governments and volunteers;
• Detect, map and treat invasive species;
• Vegetation management, such as planting, seeding, mowing and maintenance of past
plantings, and use of prescribed fire; or
• Stewardship Fund reporting.
3. [Sponsor] is responsible for following applicable state and federal laws and obtaining any
required permits when conducting stewardship activities. All activities completed with
Stewardship Funding should be done using best management practices.
4. [Sponsor] shall not use Stewardship Funding for restoration activities. For purposes of this
agreement, restoration differs from stewardship in that restoration is typically larger scale,
often includes earthmoving activities or construction, and occurs only once or at most
infrequently. Restoration activities include such things as removing dikes, creating islands,
reshaping topography, and placing or removing riprap or pilings.
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5. [Sponsor] shall not pay property taxes with Stewardship Funding.
6. [Sponsor]’s stewardship actions funded in whole or in part with Stewardship Funding is
not considered an ongoing federal action. [Sponsor] shall not be required to get any pre-
approval from BPA for activities which are carried out with the Stewardship Funding, other
than approvals that may be otherwise required under the Conservation Easement or other
agreement with BPA, and federal regulations shall not, by reason of the Stewardship
Funding, apply to contracts issued by [Sponsor] for any work on the Property.
V. Stewardship Funding
1. Upon execution of this agreement, BPA will wire the Stewardship Funding to [Sponsor]’s
designated account.
2. [This provision subject to change in order to reflect Sponsor’s structure for accounting
on individual properties]Subject to the above, [Sponsor] may allocate the Stewardship
Funding as it deems appropriate between: (1) a “spend-down” stewardship account for the
Property, maintained centrally in the manner customary for such accounts for [Sponsor];
and (ii) an endowment account, from which the Property will receive a certain amount each
year for application to the purposes of this agreement. [Sponsor] will maintain both kinds
of accounts centrally at [Sponsor], with a separate subaccount for bookkeeping purposes
for the Property, which will allow [Sponsor] to accurately track the Stewardship Funding
and any other income from the Property. Any interest earned on the Stewardship Funding
must either be reinvested in the stewardship account for the Property or must be used for
stewardship activities on the Property.
3. In addition, [Sponsor] will deposit any net proceeds from any income generated from the
Property through permitted activities (e.g., timber receipts, grazing lease fees, recreational
or hunting fees, movie rights or royalties, sale of fixtures, etc.) in the stewardship account
for the Property which is established in the manner described above. “Net proceeds” refers
to proceeds remaining after necessary expenses related to the income-generating activity.
Property taxes may be paid using income generated from the Property.
4. BPA and [Sponsor] may, by mutual written agreement, in addition to the property
identified in in section II, above, agree to include under the terms of this agreement one or
more additional properties where BPA has funded [Sponsor]’s purchase of the
property(ies) to aid BPA in fulfilling its fish and wildlife protection, mitigation, and
enhancement responsibilities under the Pacific Northwest Electric Power and Conservation
Act, 16 U.S.C. § 839(b)(h)(10), or the Endangered Species Act, 16 U.S.C. § 1536. In that
event, the terms of this agreement shall apply to the funding BPA provides to [Sponsor]
for the stewardship of the additional property(ies), and such additional property(ies) shall
be included within the defined term “Property”. The Parties intend that the Stewardship
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Funding shall be confined to the property for which it was originally awarded and that the
term “Property” shall be construed to refer to such individual property, except as the
context requires otherwise.
VI. Administrative Provisions
1. [Sponsor] will provide to BPA an annual accounting of the use of the Stewardship Funding
on the template provided in Exhibit A, beginning on April 15
th
in calendar year 20__,
documenting all expenditures made using the Stewardship Funding until the account is
exhausted or the agreement expires as outlined in section VI.8, below. [Sponsor] will send
the report electronically to [email protected] and to F&W WWMP Lead, EW-4,
P.O. Box 3621, Portland, Oregon 97208-3621 unless otherwise directed by BPA. BPA may
inspect [Sponsor]’s books for the stewardship account(s) at any time upon reasonable
notice which shall be no less than five business days. If BPA determines [Sponsor] has
misspent funds, [Sponsor] will be required to refund the amount misspent.
2. This agreement binds the Parties and their successors and assigns.
3. This agreement is only effective once BPA has funded the acquisition of the Property
identified in section II, above, and accepted the Conservation Easement from [Sponsor].
4. This agreement is meant to support [Sponsor]’s stewardship of the Property; however, this
agreement does not amend or void any provision, or relieve [Sponsor] of any legal duties
or restrictions, under the Conservation Easement or management plan. In the event of any
conflict between the terms of this agreement and the terms of the Conservation Easement,
the terms of the Conservation Easement shall control.
5. This agreement is a contract, and is separate and enforceable outside the terms of the
Conservation Easement.
6. In the event there are disputes between the Parties relating to this agreement that are not
resolved at the staff level, the staff of each Party will present the information and the nature
of the dispute to its senior management staff for resolution. Should the Parties be unable to
resolve the dispute at the senior staff level, the Parties agree to participate in mediation,
using a mutually agreed upon mediator. The mediator will not render a decision, but will
assist the disputing Parties in reaching a mutually satisfactory agreement.
7. In the event that [Sponsor] assigns or transfers the Property, [Sponsor] shall transfer the
balance of the Stewardship Funding at the same time, including all principal, accrued
interest, and other earnings, to the new owner of the property interest (or other entity
approved by BPA), and [Sponsor] agrees to provide BPA a signed acknowledgement from
the new owner that it understands the conditions for the use of the Stewardship Funding
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and will abide them. BPA will honor a reasonable, good faith calculation by [Sponsor] of
the proper dollar amount to be transferred to the assignee of the Stewardship Funding.
8. The limitations and obligations that this agreement imposes on [Sponsor] expire when
either the Stewardship Funding has been fully expended or on September 30, 20__[30
years], whichever comes first, if no additional properties are added as provided in Section
V.4 above. If additional properties are added to this agreement as provided in Section V.4
above, the limitations and obligations that this agreement imposes on [Sponsor] for the
Stewardship Funding provided for those additional properties shall expire thirty (30) years
from the date of payment.
9. Where this agreement grants or requires BPA approval, unless provided otherwise, BPA
shall complete its review and provide its decision within a reasonable time, typically within
30 business days after submission of a completed document from [Sponsor]. For amended
or redrafted submissions, review should typically be within 15 business days. BPA shall
not withhold its approval unreasonably.
The United States Department of Energy, Bonneville Power Administration
___________________________________ ____________
Name Date
Title
SPONSOR
___________________________________ ____________
Name Date
Title
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EXHIBIT A
STEWARDSHIP FUNDING ANNUAL ACCOUNTING TEMPLATE
Annual Conservation Easement, Stewardship, and Income-
Generating Activities
Reporting Template
To:
From: [YOUR NAME AND TITLE, ENTITY NAME, EMAIL ADDRESS]
Dates Report Covers: [SHOULD BE THE PREVIOUS CALENDAR YEAR].
BPA Tract ID: ________________________________________________
BPA Project Number, if applicable:______________________________
Instructions for Reporting Template:
If
Section I: Activities on the Property
A. Brie�ly describe uses or activities undertaken, in progress, or planned during the
reporting year. Include connections to the current management plan or goals of the
action as they relate to the conservation values include data such as acres, length of
stream buffer planted, length of fence installed, etc. Include a map as an attachment
showing where the activities occurred.
Land Management Plan Information
Does your property have a current Land Management Plan that has been reviewed and accepted by
Bonneville?
If no, explain:
Enter year the plan was created or updated:
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B. Describe any changes in real property interests during the reporting period, including
water rights (with more detail below), ownership changes, boundary disputes, liens,
leases, easements. Also list any new Land Use Agreements with BPA.
C. If there are water rights, for each right include certificate number and:
a) Describe annual use to keep the water rights current;
b) Confirm whether required reporting to OWRD has been done and attach report or link
to report.
c) If a change to the water right is anticipated or in progress, describe the status and
process to transfer the water permanently instream for the benefit of fish and wildlife
D. Describe any occurrences, incidents, or events that affected the property or its
conservation values, either planned or unplanned (i.e. �ires, building removal, new road
construction).
Section II: Conservation Easement Reporting
A. Easement Prohibited Uses: In the table below, use your easement’s Prohibited Uses
section to describe any violations, or potential violations, of the Conservation Easement
and any mitigation and/or enforcement actions taken by your organization. Enter “N/A”
if none.
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Provide a separate table for each property; delete the examples if you are only reporting
on one property.
Example
Enter speci�ic info here:
B. Easement Specifically Permitted Uses: In the table below describe activities that are
specifically permitted in your conservation easement or through an acknowledged by
BPA Land Management Plan or a Land Use Agreement. Examples of activities include
Summary of Easement
Prohibited Uses
Violations (Or
addressed in LMP or
LUA?)
Enforcement or
Mitigation Actions
Example: Any residential,
commercial, or industrial uses of
the Protected Property is
prohibited, including timber
harvesting, grazing of livestock,
and agricultural production.
Grazing on 10 acres-
April through June
Example: Construction of new
buildings, facilities, fences or
other structures is prohibited.
.5 mile of fence on SE
side of property-by
neighbor
Yes, working with BPA
realty on a lot line
adjustment.
Summary of Easement
Prohibited Uses
Violations (Or
addressed in LMP or
LUA?)
Enforcement or
Mitigation Actions
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those allowed and described but would otherwise be prohibited. For example, limited
grazing or agriculture, development zones, etc. Enter “N/A” if none.
Section III: Stewardship and Proceeds Accounting
Indicate what activities performed used, or did not use, stewardship funding. If the
activities cover multiple BPA-funded properties, please provide information on
expenditures for individual properties (sub-accounts) in section B and indicate which
activities occurred on each property. If you are only reporting on one property delete the
extra columns. If your activities do not exactly match the ones below please edit
accordingly, but stay as speci�ic as possible.
A: Stewardship and Income-Generating Activities Accounting -
property
.
Example:
Stewardship
funds used?
Proceeds Used
from income-
generating
activities?
Maintain &
defend legal
property
interests
$1000
NA
Summary of Easement’s Speci�ically
Permitted Uses
Any Necessary Limits or
Prescriptions
Summary of Activities
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Stewardship
funds used?
Proceeds used from
income-generating
activities?
Maintain &
defend legal
property
interests
Monitor and
address
surrounding
land activities
Maintain �iles
Update
existing
management
plans
Maintain
roads, trails,
gates, etc.
Control public
access
Control and
administer
authorized
access
Prevent and
mitigate
wild�ire
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Inventory, map
and evaluate
habitat
conditions
Outreach
Detect, map
and treat
invasive
species-
explain
Plan, conduct
and monitor
effects of
prescribed �ire
Vegetation
management
(planting,
seeding
mowing and
maintenance)
Other land
management
activities
(describe):
Other land
maintenance
activities
(describe):
Other land
enhancement
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activities
(describe):
B: Total Property Accounting
Total at beginning of reporting period
Total calendar year expenditures
Total interest gains
Proceeds Earned – brie�ly describe how
Proceeds Used - brie�ly describe how
Total Proceeds
Total Balance (Stewardship + Proceeds)
For income generating activities, please describe how the funds were generated (lease description and
duration, timber harvest description, etc)
Section IV: Other
here.
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Name of Protected
Property] in [County, Statenameorganization
date of this report.
____________________________ _________________________
By: Name of Individual Signing Date
Its: Title of Individual Signing
Organization Name
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Bonneville Stewardship Funding Agreement
[Name of property]
I. Purpose of the Agreement
The Bonneville Power Administration (“BPA”) has funded the acquisition by [SPONSOR]
(“Sponsor”) of certain real property located in ________ County, Oregon (“Property”). BPA
provided this funding to partially fulfill its fish and wildlife mitigation responsibilities under the
Pacific Northwest Electric Power and Conservation Act, 16 U.S.C. § 839(b)(h)(10), and
consistent with its obligations under the Willamette River Basin Memorandum of Agreement
Regarding Wildlife Habitat Protection and Enhancement between the State of Oregon and the
Bonneville Power Administration, October 22, 2010. In exchange, [Sponsor] granted the United
States (acting by and through BPA) a conservation easement encumbering the Property
(“Conservation Easement”). BPA and [Sponsor] are the Parties (“Parties”) to this agreement.
II. Property[/ies] Covered by this Agreement
1. [Property name] (BPA Tract ID …..)
III. Consideration
1. BPA will make a one-time lump sum payment of $__________ from which [Sponsor] will
draw monies as needed to provide stewardship on the Property (the “Stewardship
Funding”).
2. Upon delivery of the Stewardship Funding, BPA will have forever satisfied any and all
obligations it may have to [Sponsor] or any other entity or under any law to fund the
stewardship of the Property.
3. [Sponsor] will not request or support the requests of others for any additional funding from
BPA for stewardship activities on the Property as those activities are described in section
IV.2 below. This agreement does not, however, preclude [Sponsor] from seeking other
funding from BPA or any other source to restore the Property, as provided in section IV.4
below, to improve the ecological conditions on them for native fish and wildlife. BPA has
no obligation to provide additional funding for restoration.
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IV. Use of the Stewardship Funding
1. BPA is providing the Stewardship Funding under this agreement for [Sponsor] to provide
stewardship on the Property; that is, for land management and maintenance on the Property
in a manner that preserves or enhances its conservation value. [Sponsor] must use the
Stewardship Funding only in a manner that helps fulfill the terms of the Conservation
Easement, legal obligations associated with land ownership not otherwise prohibited by
this agreement, and any land management plan for the Property determined by BPA to be
consistent with the purpose of the acquisition and the terms of the Conservation Easement.
2. [Sponsor] may expend the Stewardship Funding on land management and maintenance
activities, including project management and oversight. BPA encourages [Sponsor] to use
the funding for on-the-ground stewardship activities wherever possible to ensure
protection, maintenance and enhancement of the Conservation Values identified in the
Conservation Easement. Notwithstanding the foregoing, Stewardship Funding shall not be
used for restoration activities as described in section IV.4, below. Any uncertainty may be
referred to BPA for resolution.
Representative stewardship activities under this agreement include, but are not limited to:
• Maintain and defend Property boundaries and other legal property interests;
• Monitor and address surrounding land uses or activities that could adversely affect the
conservation values on the Property;
• Maintain [Sponsor]’s realty files including current photos, maps, tax and ownership
information;
• Update existing land management plans;
• Maintain roads, trails, gates, fences, locks and signage;
• Control and prevent unauthorized public access or use;
• Control and administer authorized access or use, such as for recreation;
• Prevent encroachment and mitigate risk of catastrophic wildfire;
• Inventory, map and evaluate habitat conditions;
• Outreach to neighbors, stakeholders, local governments and volunteers;
• Detect, map and treat invasive species;
• Vegetation management, such as planting, seeding, mowing and maintenance of past
plantings, and use of prescribed fire; or
• Stewardship Fund reporting.
3. [Sponsor] is responsible for following applicable state and federal laws and obtaining any
required permits when conducting stewardship activities. All activities completed with
Stewardship Funding should be done using best management practices.
4. [Sponsor] shall not use Stewardship Funding for restoration activities. For purposes of this
agreement, restoration differs from stewardship in that restoration is typically larger scale,
often includes earthmoving activities or construction, and occurs only once or at most
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infrequently. Restoration activities include such things as removing dikes, creating islands,
reshaping topography, and placing or removing riprap or pilings.
5. [Sponsor] shall not pay property taxes with Stewardship Funding.
6. [Sponsor]’s stewardship actions funded in whole or in part with Stewardship Funding is
not considered an ongoing federal action. [Sponsor] shall not be required to get any pre-
approval from BPA for activities which are carried out with the Stewardship Funding, other
than approvals that may be otherwise required under the Conservation Easement or other
agreement with BPA, and federal regulations shall not, by reason of the Stewardship
Funding, apply to contracts issued by [Sponsor] for any work on the Property.
V. Stewardship Funding
1. Upon execution of this agreement, BPA will wire the Stewardship Funding to [Sponsor]’s
designated account.
2. [This provision subject to change in order to reflect Sponsor’s structure for accounting
on individual properties]Subject to the above, [Sponsor] may allocate the Stewardship
Funding as it deems appropriate between: (1) a “spend-down” stewardship account for
the Property, maintained centrally in the manner customary for such accounts for
[Sponsor]; and (ii) an endowment account, from which the Property will receive a certain
amount each year for application to the purposes of this agreement. [Sponsor] will
maintain both kinds of accounts centrally at [Sponsor], with a separate subaccount for
bookkeeping purposes for the Property, which will allow [Sponsor] to accurately track
the Stewardship Funding and any other income from the Property. Any interest earned
on the Stewardship Funding must be either reinvested in the stewardship account for the
Property or must be used for stewardship activities on the Property.
3. In addition, [Sponsor] will deposit any net proceeds from any income generated from the
Property through permitted activities (e.g., timber receipts, grazing lease fees, recreational
or hunting fees, movie rights or royalties, sale of fixtures, etc.) in the stewardship account
for the Property which is established in the manner described above. “Net proceeds” refers
to proceeds remaining after necessary expenses related to the income-generating activity.
Property taxes may be paid using income generated from the Property.
4. BPA and [Sponsor] may, by mutual written agreement, in addition to the property
identified in in section II, above, agree to include under the terms of this agreement one or
more additional properties where BPA has funded [Sponsor]’s purchase of the
property(ies) to aid BPA in fulfilling its fish and wildlife protection, mitigation, and
enhancement responsibilities under the Pacific Northwest Electric Power and Conservation
Act, 16 U.S.C. § 839(b)(h)(10), or the Endangered Species Act, 16 U.S.C. § 1536. In that
event, the terms of this agreement shall apply to the funding BPA provides to [Sponsor]
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for the stewardship of the additional property(ies), and such additional property(ies) shall
be included within the defined term “Property”. The Parties intend that the Stewardship
Funding shall be confined to the property for which it was originally awarded and that the
term “Property” shall be construed to refer to such individual property, except as the
context requires otherwise.
VI. Administrative Provisions
1. [Sponsor] will provide to BPA an annual accounting of the use of the Stewardship Funding
on the template provided in Exhibit A, beginning on April 15
th
in calendar year 20__,
documenting all expenditures made using the Stewardship Funding until the account is
exhausted or the agreement expires as outlined in section VI.8, below. [Sponsor] will send
the report electronically to [email protected] and to F&W WWMP Lead, EW-4,
P.O. Box 3621, Portland, Oregon 97208-3621 unless otherwise directed by BPA. BPA may
inspect [Sponsor]’s books for the stewardship account(s) at any time upon reasonable
notice which shall be no less than five business days. If BPA determines [Sponsor] has
misspent funds, [Sponsor] will be required to refund the amount misspent.
2. This agreement binds the Parties and their successors and assigns.
3. This agreement is only effective once BPA has funded the acquisition of the Property
identified in section II, above, and accepted the Conservation Easement from [Sponsor].
4. This agreement is meant to support [Sponsor]’s stewardship of the Property; however, this
agreement does not amend or void any provision, or relieve [Sponsor] of any legal duties
or restrictions, under the Conservation Easement or management plan. In the event of any
conflict between the terms of this agreement and the terms of the Conservation Easement,
the terms of the Conservation Easement shall control.
5. This agreement is a contract, and is separate and enforceable outside the terms of the
Conservation Easement.
6. In the event there are disputes between the Parties relating to this agreement that are not
resolved at the staff level, the staff of each Party will present the information and the nature
of the dispute to its senior management staff for resolution. Should the Parties be unable to
resolve the dispute at the senior staff level, the Parties agree to participate in mediation,
using a mutually agreed upon mediator. The mediator will not render a decision, but will
assist the disputing Parties in reaching a mutually satisfactory agreement.
7. In the event that [Sponsor] assigns or transfers the Property, [Sponsor] shall transfer the
balance of the Stewardship Funding at the same time, including all principal, accrued
interest, and other earnings, to the new owner of the property interest (or other entity
approved by BPA), and [Sponsor] agrees to provide BPA a signed acknowledgement from
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the new owner that it understands the conditions for the use of the Stewardship Funding
and will abide them. BPA will honor a reasonable, good faith calculation by [Sponsor] of
the proper dollar amount to be transferred to the assignee of the Stewardship Funding.
8. The limitations and obligations that this agreement imposes on [Sponsor] expire when
either the Stewardship Funding has been fully expended or on September 30, 20__[30
years], whichever comes first, if no additional properties are added as provided in Section
V.4 above. If additional properties are added to this agreement as provided in Section V.4
above, the limitations and obligations that this agreement imposes on [Sponsor] for the
Stewardship Funding provided for those additional properties shall expire thirty (30) years
from the date of payment.
9. Where this agreement grants or requires BPA approval, unless provided otherwise, BPA
shall complete its review and provide its decision within a reasonable time, typically within
30 business days after submission of a completed document from [Sponsor]. For amended
or redrafted submissions, review should typically be within 15 business days. BPA shall
not withhold its approval unreasonably.
The United States Department of Energy, Bonneville Power Administration
___________________________________ ____________
Name Date
Title
SPONSOR
___________________________________ ____________
Name Date
Title
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EXHIBIT A
STEWARDSHIP FUNDING ANNUAL ACCOUNTING TEMPLATE
Annual Conservation Easement, Stewardship, and Income-
Generating Activities
Reporting Template
To:
From: [YOUR NAME AND TITLE, ENTITY NAME, EMAIL ADDRESS]
Dates Report Covers: [SHOULD BE THE PREVIOUS CALENDAR YEAR].
BPA Tract ID: ________________________________________________
BPA Project Number, if applicable:______________________________
Instructions for Reporting Template: This is an annual report covering the previous
calendar year and you should address any activities, incidents or events that occurred during
the year. If you are managing multiple properties, address individual properties separately
in sections provided below. Financial reporting should be done by individual property but
also totaled up at the end if the stewardship funding is shared across properties.
Section I: Activities on the Property
E. Briefly describe uses or activities undertaken, in progress, or planned during the
reporting year. Include connections to the current management plan or goals of the
action as they relate to the conservation values include data such as acres, length of
stream buffer planted, length of fence installed, etc. Include a map as an attachment
showing where the activities occurred.
Land Management Plan Information
Does your property have a current Land Management Plan that has been reviewed and accepted by
Bonneville?
If no, explain:
Enter year the plan was created or updated:
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F. Describe any changes in real property interests during the reporting period, including
water rights (with more detail below), ownership changes, boundary disputes, liens,
leases, easements. Also list any new Land Use Agreements with BPA.
G. If there are water rights, for each right include certificate number and:
d) Describe annual use to keep the water rights current;
e) Confirm whether required reporting to OWRD has been done and attach report
or link to report.
f) If a change to the water right is anticipated or in progress, describe the status
and process to transfer the water permanently instream for the benefit of fish
and wildlife
H. Describe any occurrences, incidents, or events that affected the property or its
conservation values, either planned or unplanned (i.e. fires, building removal, new road
construction).
Section II: Conservation Easement Reporting
C. Easement Prohibited Uses: In the table below, use your easement’s Prohibited Uses
section to describe any violations, or potential violations, of the Conservation Easement
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and any mitigation and/or enforcement actions taken by your organization. Enter “N/A”
if none.
Provide a separate table for each property; delete the examples if you are only reporting
on one property.
Example
Enter specific info here:
Summary of Easement
Prohibited Uses
Violations (Or
addressed in LMP
or LUA?)
Enforcement or
Mitigation Actions
Example: Any residential,
commercial, or industrial uses
of the Protected Property is
prohibited, including timber
harvesting, grazing of
livestock, and agricultural
production.
Grazing on 10 acres-
April through June
Example: Construction of new
buildings, facilities, fences or
other structures is prohibited.
.5 mile of fence on
SE side of property-
by neighbor
Yes, working with BPA
realty on a lot line
adjustment.
Summary of Easement
Prohibited Uses
Violations (Or
addressed in LMP
or LUA?)
Enforcement or
Mitigation Actions
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D. Easement Specifically Permitted Uses: In the table below describe activities that are
specifically permitted in your conservation easement or through an acknowledged by
BPA Land Management Plan or a Land Use Agreement. Examples of activities include
those allowed and described but would otherwise be prohibited. For example, limited
grazing or agriculture, development zones, etc. Enter “N/A” if none.
Section III: Stewardship and Proceeds Accounting
Indicate what activities performed used, or did not use, stewardship funding. If the
activities cover multiple BPA-funded properties, please provide information on
expenditures for individual properties (sub-accounts) in section B and indicate which
activities occurred on each property. If you are only reporting on one property delete the
extra columns. If your activities do not exactly match the ones below please edit
accordingly, but stay as specific as possible.
A: Stewardship and Income-Generating Activities Accounting - In the table below
input the associated dollar amounts used or earned for each action on your property, or
properties, or enter NA if not applicable.
Example:
Stewardship
funds used?
Proceeds Used
from income-
generating
activities?
Maintain &
defend legal
property
interests
$1000
NA
Summary of Easement’s
Specifically Permitted Uses
Any Necessary Limits
or Prescriptions
Summary of Activities
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Stewardship
funds used?
Proceeds used from
income-generating
activities?
Maintain &
defend legal
property
interests
Monitor and
address
surrounding
land activities
Maintain files
Update
existing
management
plans
Maintain
roads, trails,
gates, etc.
Control public
access
Control and
administer
authorized
access
Prevent and
mitigate
wildfire
Inventory, map
and evaluate
habitat
conditions
Outreach
Detect, map
and treat
invasive
species-
explain
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Plan, conduct
and monitor
effects of
prescribed fire
Vegetation
management
(planting,
seeding
mowing and
maintenance)
Other land
management
activities
(describe):
Other land
maintenance
activities
(describe):
Other land
enhancement
activities
(describe):
B: Total Property Accounting
Total at beginning of reporting period
Total calendar year expenditures
Total interest gains
Proceeds Earned – briefly describe how
Proceeds Used - briefly describe how
Total Proceeds
Total Balance (Stewardship + Proceeds)
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For income generating activities, please describe how the funds were generated (lease description
and duration, timber harvest description, etc).
Section IV: Other
If you have any other information to report, questions or concerns to be addressed, please
describe here.
The undersigned hereby acknowledge and agree that this Annual Report for [Name of
Protected Property] in [County, State], prepared by _[name]_ of [organization]
_________________ and dated _____________, is an accurate description of the conditions and
accounting of the property as of the date of this report.
____________________________ _________________________
By: Name of Individual Signing Date
Its: Title of Individual Signing
Organization Name
eadiness Assessment Form
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APPENDIX G: READINESS ASSESSMENT FORM
the
to
Date Form Completed:
Phone & e-
hold easement
and
.
-share partner?
Cost:
eadiness Assessment Form
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/Alias for D
Desired
Other Property
? the sponsors
the
Does anyone live
and immediate family?
the property
– e.g.,
,
,
.?
For to
of the property in a life estate?
Is
eadiness Assessment Form
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.?
old
Are there any other environmental hazards in the
Water Rights
?
years?
?
Readiness Assessment
(as applicable to your
eadiness Assessment Form
Version Date: 02/20/2024 Oregon Department of Fish & Wildlife
-129-
the property?
the property?
the property?
What
and/or paid for?
any
For asement
rights
--
of-
i.e.
property?
property?
eadiness Assessment Form
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all the mineral rights,
rights?
:
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APPENDIX H: LIST OF ACRONYMS
CE
COA
FY
ODFW Oregon Department of Fish and Wildlife
PWCA
WV
I:
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APPENDIX I: BEST MANAGEMENT PRACTICES AND OTHER TOOLS
The and other tools
, depending on the
This list is not all-
appropriate. P
.
• –
• Final PROJECTS Biological Opinion —
-2014-F-0222] -
-
• -
• FY 2021 HIP HANDBOOK -
•
