Or. Admin. Code § 629-603-0200

Current through Register Vol. 63, No. 11, November 1, 2024

Section 629-603-0200 - Adaptive Management Program Process Steps

(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.

Or. Admin. Code § 629-603-0200

DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022; DOF 14-2023, amend filed 07/01/2023, effective 7/1/2023

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