293.857. Interest earned by the fund shall be credited to the fund. ����� (2) The department shall keep a record of all moneys deposited in the fund. The record shall indicate by separate cumulative

293.857. Interest earned by the fund shall be credited to the fund.

����� (2) The department shall keep a record of all moneys deposited in the fund. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.

����� (3) The department shall publish annually the record of moneys deposited in and removed from the fund.

����� (4) The department may adopt rules for prioritizing expenditures from the fund for the purposes specified in ORS 196.650. [Formerly 541.577; 2003 c.738 �10; 2009 c.343 �9]

����� 196.643 Payments to comply with permit condition, authorization or resolution of violation; report; rules. (1) A person who provides off-site compensatory mitigation in order to comply with a condition imposed on a permit in accordance with ORS 196.825 (5), an authorization issued in accordance with ORS 196.800 to 196.921 or a resolution of a violation of ORS 196.800 to 196.921 may make a payment for credits to an approved mitigation bank with available credits or to the Oregon Removal-Fill Mitigation Fund.

����� (2) Any payments for off-site compensatory mitigation made to the Oregon Removal-Fill Mitigation Fund under subsection (1) of this section must be sufficient to cover the costs and expenses of land acquisition, project design and engineering, construction, planting, monitoring, maintenance, long-term management and protection activities, administration and other costs and expenses related to the off-site compensatory mitigation, which may vary depending on the region of this state where the off-site compensatory mitigation is conducted, and shall be calculated by the Department of State Lands as follows:

����� (a) If the off-site compensatory mitigation project and project costs and expenses are identified at the time of payment to the Oregon Removal-Fill Mitigation Fund, the department shall calculate the payment based on the actual costs and expenses of the off-site compensatory mitigation.

����� (b) If the off-site compensatory mitigation project and project costs and expenses are not identified at the time of payment to the Oregon Removal-Fill Mitigation Fund, the department shall calculate the payment based on the estimate of costs and expenses for off-site compensatory mitigation, as set forth in rules adopted by the department, for the region of this state where the department, to the greatest extent practicable, determines the off-site compensatory mitigation may be conducted.

����� (3) No later than December 1 of each year, the Director of the Department of State Lands shall submit to the Legislative Assembly and the State Land Board a detailed report that specifies:

����� (a) The costs and expenses related to off-site compensatory mitigation, including variations and trends in costs and expenses over time.

����� (b) Efforts undertaken by the department to reduce the costs and expenses specified in paragraph (a) of this subsection.

����� (c) Efforts undertaken by the department to improve efficiencies of the department related to off-site compensatory mitigation.

����� (d) The effectiveness of the July 2010 �Oregon Rapid Wetland Assessment Protocol� of the department in protecting the functions and values of wetlands through off-site compensatory mitigation. [2003 c.738 �22; 2007 c.849 �11; 2009 c.343 �10; 2011 c.370 �3; 2013 c.257 �1; 2015 c.343 �1; 2019 c.652 �3]

����� 196.645 Sources of fund. The following moneys shall be paid into the Oregon Removal-Fill Mitigation Fund:

����� (1) Any moneys appropriated for that purpose by the Legislative Assembly;

����� (2) Moneys received from conditions imposed on a permit, authorizations or resolutions of violations, except civil penalties, involving compensatory mitigation in which the Department of State Lands is the party responsible for the compensatory mitigation;

����� (3) Moneys awarded for such purposes as specifically stipulated under grants through the federal Emergency Wetlands Resources Act of 1986, P.L. 99-645, or the federal Coastal Zone Management Act of 1972, 16 U.S.C. 1451 et seq., as amended;

����� (4) Moneys obtained by gift, bequest, donation or grant from any other public or private source for the purposes of ORS 196.600 to 196.655 or 196.800 to 196.921;

����� (5) Repayment of moneys from the fund, including interest on such moneys; and

����� (6) Moneys obtained from interest or other earnings from investments of moneys in the fund. [Formerly 541.580; 1999 c.59 �50; 2003 c.738 �11; 2009 c.343 �11]

����� 196.650 Use of fund. The Department of State Lands may use the moneys in the Oregon Removal-Fill Mitigation Fund for the following purposes:

����� (1) For the voluntary acquisition of land or interests therein suitable for use in mitigation banks.

����� (2) To pay for specific projects to create, restore, enhance or preserve water resources of this state for purposes of carrying out the provisions of ORS 196.600 to