ATTN: Kurt Aarrestad

Phone: 971-446-8235

Dept of State Lands

775 Summer St NE Suite 100

Salem, OR 97301

REQUEST FOR QUOTE

Return Quote To:

Kurt Aarrestad, Contract Officer kurt.aarrestad@dsl.oregon.gov

Date:

No later than August 7, 2024, by 2pm PST.

Description:

Facilitation and administration for rules advisory committee meetings in consideration of revised rules for leasing and registration of structures on Oregon-owned waterways.

Requested Availability:

Upon Executed Contract

Contact for project:

Dana Hicks - dana.hicks@dsl.oregon.gov

Vendor Name: ________________________________Federal ID No: _____________________

Address: ______________________________________ Phone: _________________________

City, State, Zip: ____________________________________ Fax: ________________________

All Pricing Must Be Held Firm For 30 Days

Facilitator Scope of Work for Agency Rulemaking:

Updating Administrative Rules for Waterway Use Authorizations

OAR Division 141-082

Background

The people of Oregon own the beds and banks of all navigable and tidally influenced waterways throughout the state. Oregon-owned rivers, lakes, and the territorial sea are shared resources the public may use and enjoy for navigation, recreation, commerce, and fishing. The Department of State Lands oversees use of these Oregon-owned waterways, keeping them healthy and safe while promoting responsible waterway use.

Marinas, ports, floating homes, docks, and other uses of public waterways require authorization from the Department. Some authorizations, including leases and registrations, compensate the public for use of their waterways and ensure the use does not negatively affect the health and safety of public lands or waters.

mailto:kurt.aarrestad@dsl.oregon.gov

RFQ – Facilitator for Rulemaking HB 2238

In recent years the Department has explored strategies to achieve sustainable operations in managing waterway leases. Some of these strategies did not require rulemaking and have been implemented, such as clarifying use of land costs in lease rates and adding new lease requirements for vessel reporting and site inspections. However, there are additional opportunities to achieve sustainable operations that require rulemaking.

Purpose

In addition to considerations for how lease rates are calculated, the Department has also identified best management practices for waterway leases that will help protect the health and safety of public lands and waters and minimize operational risks. Serious environmental risks and unexpected financial liability from some private uses of public lands have highlighted the need to tailor contract conditions, such as the lease duration, insurance requirements and other financial assurances to the risks associated with the activities being conducted.

Through this rulemaking process, the Department seeks to:

• simplify how lease rates are calculated;

• ensure lease rates are equitable and fair, and application fees can cover administrative costs;

• tie fee and rate increases to a price index;

• use clear and simple language where current rule is confusing or unnecessarily complex;

• clarify the initial term of a lease; and

• require financial assurance for registrations and wharf certifications.

Project Details

DSL will hold a series of Rulemaking Advisory Committee (RAC) meetings to review proposed rule changes with a stakeholder group of approximately 15+ individuals representing local, state, and federal agencies, as well as consultants, agricultural producers, building associations, and other parties likely to be affected by the rule changes. Tribes may participate in the RAC but may have a separate engagement process that will be led by DSL staff.

Tasks include but are not limited to:

• One 2-hour onboarding meeting with DSL to discuss the project overview and RAC process

• Half-hour interviews with RAC members to discuss rulemaking topics;

• One 1-hour meeting with the DSL team to discuss RAC interview questions prior to the first RAC interview;

• One 1-hour meeting with the DSL team to discuss outcomes of the RAC interviews;

• Up to seven 1-hour pre-meeting coordination and agenda preparation online meetings with the DSL team;

• Email distribution of meeting materials and meeting summaries to the RAC members with a courtesy copy sent to the DSL rulemaking team;

• Facilitation of up to seven 3-hour virtual RAC meetings;

• Notetaking for each RAC meeting;

• Written summaries of each RAC meeting;

• Up to seven 1-hour post-RAC online meetings with the DSL team; and

• Up to 12 hours of additional online or phone meetings with the DSL rulemaking team or RAC members.

RFQ – Facilitator for Rulemaking HB 2238

Payment will be deliverable based after each RAC meeting. All meetings will be virtual via Zoom or Microsoft Teams.

Schedule

The approximate RAC meeting schedule is:

RAC meeting #1: October 16, 2024 RAC meeting #2: November 13, 2024 RAC meeting #3: December 11, 2024 RAC meeting #4: January 22, 2025 RAC meeting #5: February 19, 2025 RAC meeting #6: March 19, 2025 RAC Meeting #7: April 2025 (if needed)

The actual schedule will depend on RAC member discussions and if additional review by DSL or the RAC is required. It is possible fewer than or more than seven RAC meetings will be needed.

The facilitator and the DSL project team will hold a 1-hour preparation online meeting at least one week prior to each RAC meeting to discuss the agenda and materials. Following this preparatory meeting, the facilitator will share an agenda, and any other meeting materials produced by DSL, with RAC members and the DSL rulemaking team, in part as a meeting reminder, at least one week prior to each RAC meeting.

The facilitator will be responsible for notetaking during each RAC meeting. Items to include in notes are as follows: members in attendance, items requiring action, and a record of any decisions made. DSL will also record each RAC meeting. The facilitator will share meeting summaries with the rulemaking team within two business days after each RAC meeting to provide an opportunity for comment. Final meeting summaries will be distributed by the facilitator to all RAC members and the DSL project team within five business days following each RAC meeting.

Project Specific Definitions

Rulemaking Advisory Committee (RAC) is a stakeholder group of approximately 15+ people representing local, state, federal agencies, non-profit groups, consultants, agricultural producers, building associations and other parties likely to be affected by the rule changes. Representatives from Oregon’s federally recognized tribes may or may not be part of the RAC.

The DSL rulemaking team is Blake Helm (Lead; blake.helm@dsl.oregon.gov; 971-701-1507), Danielle Boudreaux (Rules and Records Coordinator; Danielle.Boudreaux@dsl.oregon.gov; 503-798-6846), and Justin Russell (justin.russell@dsl.oregon.gov; 503-798-7737). Please copy Dana Hicks on all correspondence to the RAC (Planning and Policy Manager; dana.hicks@dsl.oregon.gov; 503-986-5229).