Current through Register Vol. 63, No. 9, September 1, 2024
(1) This rule specifies communications
between the Board of Forestry, the AMPC, and the IRST to implement the adaptive
management program. To the extent there needs to be communications not
identified in this rule for adaptive management program success, the Adaptive
Management Program Coordinator will facilitate these communications.
(2) By January 31, 2024:
(a) The AMPC shall:
(A) Complete their charter per OAR
629-603-0300(2); and
(B) Develop
the initial list of research topics including the priorities in OAR
629-603-0100(8). Following completion of this list, the AMPC shall integrate
the list into a Research Agenda developed via sections (3) through (5) of this
rule.
(b) The IRST shall
complete their charter per OAR 629-603-0400(2) and determine best available
science per OAR 629-603-0400(4).
(3) Step 1: The AMPC shall develop
preliminary research question(s).
(a) The AMPC
shall succinctly specify preliminary research questions that include the
following:
(A) The type of research and
monitoring per OAR 629-603-0100(1)(a) or (b);
(B) The rule, biological goals and
objectives, or other issue being studied;
(C) The objective of the research;
(D) A brief description of the context of the
research question; and
(E) Other
information the AMPC deems necessary for the IRST's work per section (4) of
this rule.
(b) The board
may direct the AMPC to develop additional preliminary research
questions.
(c) The AMPC shall send
the preliminary research questions to the IRST annually on a date specified in
the AMPC charter developed pursuant to OAR 629-603-0300(2).
(4) Step 2: The IRST shall prepare
a proposal for each preliminary research question.
(a) Within 45 days of receiving a preliminary
research question from the AMPC per subsection (3)(c) of this rule, the IRST
shall inform the AMPC of the timeframe to complete a research proposal
described in subsection (4)(c) of this rule.
(b) The IRST shall hone each preliminary
research question into a final research question. The IRST shall communicate
with the AMPC via the Adaptive Management Program Coordinator to allow the AMPC
an opportunity to provide input to ensure that the AMPC's original intent is
maintained in the final research question. Following this communication, the
IRST shall finalize the research question.
(c) The IRST shall develop, or direct through
a third party the development of, a research proposal for each finalized
research question. Each research proposal shall include:
(A) A literature review that specifies the
need for or the type of monitoring, research, commissioned studies, or other
means of scientific inquiry necessary to answer the finalized research question
described in subsection (4)(b) of this rule;
(B) A preliminary estimate of the budget for
each year of the research, and a timeline to complete the research project with
specific deliverables; and,
(C) A
preliminary description of research project requirements, scope of work
including an estimate of the timeline and key milestones, and an estimate of
the degree to which knowledge may be improved if the research proposal is
implemented.
(d) The
IRST may develop multiple research proposals to address each research question.
Each proposal must include all the elements of subsection (4)(c) of this rule.
If multiple research proposals are developed, the IRST shall compare their
costs versus the knowledge benefits of the research proposals.
(e) The IRST shall send proposal(s) from
subsections (4)(c) and (4)(d) of this rule to the AMPC within the timeframe
communicated from the IRST to the AMPC pursuant to subsection (4)(a) of this
rule.
(5) Step 3: The
AMPC shall develop a research agenda.
(a) The
AMPC shall develop a multi-year research agenda that includes:
(A) Prioritized research projects;
(B) Key milestones for each research
project;
(C) A timeline for
progress on research projects; and,
(D) A comprehensive IRST budget, including
annual budget for each year of each project.
(b) In prioritizing the research projects,
the AMPC shall consider:
(A) Biennial
appropriations from the legislature;
(B) Priorities outlined in OAR
629-603-0100(8);
(C) Research
proposals received from the IRST per subsection (4)(e) of this rule;
(D) Board direction;
(E) Requirements for continuity of research
projects under agreement or out for RFP review; and,
(F) Other information as
appropriate.
(c) The
AMPC shall send the research agenda to the board no later than July 15 of
odd-numbered years.
(d) The
department shall present the budget in the research agenda developed pursuant
to subsection (5)(a) of this rule to the board for a vote at the September
board meeting of odd-numbered years.
(e) The AMPC may request the department to
hire a third party to complete analyses per OAR 629-603-0100(7).
(6) Step 4: The IRST shall
implement the research agenda approved by the board pursuant to subsection
(5)(d) of this rule.
(a) No later than
November 1 of odd-numbered years, the IRST shall develop an annual work plan to
implement the research agenda approved by the board in subsection (5)(d) of
this rule.
(b) The IRST shall
develop request for proposals (RFP) in an open, competitive process for
research projects in the research agenda. The RFP shall include:
(A) Research project objectives,
deliverables, and deadlines;
(B) A
statement of work;
(C) The level of
rigor needed for successful research project completion;
(D) The required expertise and capacity of
proposers;
(E) The data as a
deliverable;
(F) The expectations
for a detailed final report;
(G) An
after-action review meeting between the IRST and the contractor and other
cooperators; and,
(H) Other RFP
elements required by the IRST Housing Agency specified in OAR
629-603-0450.
(c) RFPs
may include requirements for:
(A) Contractor
and other cooperator presentations to the AMPC, the board, or other entities as
appropriate.
(B) A summary report.
If the contractor and other cooperators are required to produce a summary
report for the agreement, it must contain the elements listed in section (6)(g)
of this rule.
(d) The
RFP announcement and award process shall follow procedures of the IRST Housing
Agency, with the IRST selecting the RFP successful proposer.
(e) If an IRST member applies for an RFP, the
IRST shall ensure RFP selections follow conflict of interest standards as
established by the Oregon Government Ethics Commission.
(f) The IRST shall develop and manage
agreements for RFP successful proposer.
(g) If the agreement in subsection (6)(f) of
this rule did not require development of a summary report, the IRST shall
complete the summary report within 90 days of receiving the contractor and
other cooperator's detailed final report in paragraph (6)(b)(F) of this rule.
The summary report shall be written for a lay audience and include:
(A) Methods sufficient to allow others to
understand what was done and to evaluate the results and conclusions;
(B) A detailed description of the results;
and
(C) Discussion and conclusions
about:
(i) Effectiveness: In studies examining
alternative prescriptions, the likely effectiveness of each prescription shall
be reported.
(ii) Causal links: An
assessment of how the results of relevant new research findings developed by
the IRST or through outside research clarify or support causal links between
forest practices and aquatic resources, and implications regarding how well
forest practice rules or rule sets are likely to address these
linkages.
(iii) Magnitude of
impact: An assessment of the magnitude of impact on covered species or
biological goals and objectives on a sliding scale.
(iv) Timescale of effects observed, and the
immediacy of likely changes in the environment.
(v) Scope of inference.
(vi) Scientific uncertainty versus
confidence: An assessment of the scientific uncertainty and confidence in the
results.
(7) Step 5: Within 30 days of completion of
the last of the reports described in paragraphs (6)(b)(F) and (6)(c)(B) and
subsection (6)(g) of this rule, the IRST shall send both reports to the AMPC
and the board.
(8) Step 6: The AMPC
and the board shall assess the IRST reports described in section (7) of this
rule and determine next steps per the following process.
(a) The AMPC shall consider reports described
in paragraphs (6)(b)(F) and (6)(c)(B) and subsection (6)(g) of this rule from
the IRST. Within 90 days of receipt of these reports from the IRST, the AMPC
shall send its report to the board. This AMPC report shall include:
(A) Alternative actions, including a no
action alternative, to address research findings identified in the IRST
reports.
(B) The AMPC may recommend
one or more of the alternatives. Recommendations shall include:
(i) Reasoning for the
recommendation.
(ii) If a
recommendation for a rule change, a clear description of the proposed rule
change.
(iii) If a recommendation
for additional scientific inquiry, a clear description of the preliminary
research question.
(iv) If a
recommendation for any other policy action, including rule guidance and
training, a clear description of the proposed policy action.
(C) Minority reports may be
included in reports to the board.
(b) By the second regular board meeting after
receipt of the AMPC report, the AMPC shall present their recommendations to the
board for a vote.
Statutory/Other Authority: ORS
527.710 & Section 34(2),
Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 38(7), Chapter 33, Oregon
Laws 2022 & Section 34(1), Chapter 33, Oregon Laws
2022