Chapter 643
Oregon Laws 2011
AN ACT
SB 342
Relating to
the use of Parks and Natural Resources Fund moneys; creating new provisions;
amending ORS 390.134, 390.180, 541.351, 541.360, 541.370, 541.371, 541.373,
541.375, 541.376, 541.377, 541.379, 541.392, 541.397, 541.401 and 805.256;
repealing ORS 541.378, 541.379, 541.397 and 541.399 and section 276, chapter
637, Oregon Laws 2011 (Enrolled Senate Bill 242); appropriating money; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
PARKS AND
NATURAL RESOURCES FUND
SECTION 1. ORS 541.377 is amended to
read:
541.377. (1) There is established in
the State Treasury, separate and distinct from the General Fund, the Parks and
Natural Resources Fund to be administered by the Oregon Department of
Administrative Services. All moneys transferred from the State Lottery Fund and
all other moneys authorized to be transferred to the Parks and Natural
Resources Fund from whatever source are appropriated continuously for the
public purposes of restoring and protecting Oregon’s parks, beaches, watersheds
and [critical] native fish and
wildlife habitats. Fifteen percent of the net proceeds from the Oregon State
Lottery shall be deposited in the Parks and Natural Resources Fund created
under this subsection.
[(2)
Of the moneys deposited into the Parks and Natural Resources Fund from the
Oregon State Lottery, 50 percent shall be deposited into a Parks Subaccount for
the public purpose of financing the protection, repair, operation, creation and
development of state parks, ocean shores, public beach access areas, historic
sites and recreation areas. The State Treasurer may invest and reinvest the
moneys in the Parks Subaccount as provided in ORS 293.701 to 293.820. Interest
from the moneys deposited in the subaccount and earnings from investment of the
moneys in the subaccount shall be credited to the subaccount.]
[(3)
All moneys in the Parks Subaccount for financing the protection, repair,
operation, creation and development of state parks, ocean shores, public beach
access areas, historic sites and recreation areas shall be allocated to the
State Parks and Recreation Department. Such moneys shall be deposited into the
State Parks and Recreation Department Fund established under ORS 390.134 and
shall be used for the following purposes:]
[(a)
Maintaining, constructing, improving, developing, managing and operating state
park and recreation facilities, programs and areas.]
[(b)
Acquiring real property, or interest therein, deemed necessary for the creation
and operation of state parks, ocean shores, public beach access areas,
recreation areas and historic sites or because of natural, scenic, cultural,
historic and recreational values.]
[(c)
Operating grant programs for local government entities deemed necessary to
accomplish the public purposes of the Parks and Natural Resources Fund.]
[(4)
Of the moneys deposited into the Parks and Natural Resources Fund from the
Oregon State Lottery, 50 percent shall be deposited into a Restoration and
Protection Subaccount for the public purpose of financing the restoration and
protection of native salmonid populations, watersheds, fish and wildlife
habitats and water quality in Oregon. The State Treasurer may invest and
reinvest the moneys in the Restoration and Protection Subaccount as provided in
ORS 293.701 to 293.820. Interest from the moneys deposited in the subaccount
and earnings from investment of the moneys in the subaccount shall be credited
to the Restoration and Protection Research Fund created under ORS 541.378.]
[(5)
The moneys in the Restoration and Protection Subaccount for financing the
restoration and protection of native salmonid populations, watersheds, fish and
wildlife habitats and water quality shall be administered by the Oregon
Watershed Enhancement Board and shall be used for all of the following
purposes:]
[(a)
Restoration and protection of watersheds and fish, wildlife, riparian and
native species and for habitat conservation activities, including but not
limited to planning, coordination, assessment, implementation, restoration,
inventory, information management and monitoring activities.]
[(b)
Watershed and riparian education efforts.]
[(c)
Development and implementation of watershed and water quality enhancement
plans.]
[(d)
Entering into agreements to obtain from willing owners determinate interests in
lands and waters that protect watershed resources, including but not limited to
fee simple interests in land, leases of land or water or conservation
easements.]
[(e)
Enforcement of fish and wildlife and habitat protection laws and regulations.]
[(6)
Of the moneys deposited into the Restoration and Protection Subaccount from the
Oregon State Lottery, the Oregon Watershed Enhancement Board shall deposit:]
[(a)
Sixty-five percent of the funds into the Watershed Improvement Grant Fund
established under ORS 541.397 to be used only for funding capital expenditure
projects; and]
[(b)
Thirty-five percent of the funds into the Watershed Improvement Operating Fund
established under ORS 541.379 to be used for the purposes set forth in ORS
541.379 (1).]
[(7)]
(2) The Legislative Assembly [shall]
may not limit expenditures from the Parks and Natural Resources Fund. The
Legislative Assembly may appropriate other moneys or revenues to the Parks and
Natural Resources Fund.
PARKS
SUBACCOUNT
SECTION 2. Section 3 of this 2011
Act is added to and made a part of ORS chapter 390.
SECTION 3. (1) Of the moneys
deposited into the Parks and Natural Resources Fund created under ORS 541.377
from the Oregon State Lottery, 50 percent shall be deposited into a Parks
Subaccount. The State Treasurer may invest and reinvest the moneys in the Parks
Subaccount as provided in ORS 293.701 to 293.820. Interest from the moneys
deposited in the Parks Subaccount and earnings from investment of the moneys in
the subaccount shall be credited to the subaccount.
(2) Moneys deposited from the Oregon
State Lottery to the Parks Subaccount may be used only for:
(a) Maintaining, constructing,
improving, developing, managing and operating state parks, ocean shores, public
beach access areas, historic sites, natural areas and outdoor and recreation
areas;
(b) Acquiring real property, or
interests in real property, that has significant natural, scenic, cultural,
historic or recreational value for the creation or operation of state parks,
ocean shores, public beach access areas, outdoor recreation areas and historic
sites; and
(c) Providing grants to regional or
local government entities to acquire property for public parks, natural areas
or outdoor recreation areas or to develop or improve public parks, natural
areas or outdoor recreation areas.
(3) All moneys in the Parks Subaccount
shall be transferred to the State Parks and Recreation Department Fund and used
to carry out the purposes described in subsection (2) of this section by
achieving each of the following:
(a) Providing additional public parks,
natural areas or outdoor recreation areas to meet the needs of current and
future residents of this state.
(b) Protecting natural, cultural,
historic and outdoor recreational resources of statewide or regional
significance.
(c) Managing public parks, natural
areas and outdoor recreation areas to ensure the long-term ecological health of
those parks and areas and to provide for the enjoyment of those parks and areas
by current and future residents of this state.
(d) Providing diverse and equitable
opportunities for residents of this state to experience nature and to
participate in outdoor recreational activities in state, regional, local or
neighborhood public parks and recreation areas.
STATE PARKS
AND RECREATION
DEPARTMENT
FUND
SECTION 4. ORS 390.134 is amended to
read:
390.134. (1) As used in this section:
(a) “Camper” has the meaning given
that term in ORS 801.180.
(b) “County” includes a metropolitan
service district organized under ORS chapter 268, but only to the extent that
the district has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental agreement.
(c) “Motor home” has the meaning given
that term in ORS 801.350.
(d) “Travel trailer” has the meaning
given that term in ORS 801.565.
(2) The State Parks and Recreation
Department Fund is established separate and distinct from the General Fund.
Moneys in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund shall consist
of the following:
(a) All moneys placed in the fund as
provided by law. Any interest or other income derived from the depositing or
other investing of the fund must be credited to the fund.
(b) All registration fees received by
the Department of Transportation for campers, motor homes and travel trailers
that are transferred to the fund under ORS 366.512. The funds must be deposited
in a separate subaccount established under subsection (3) of this section.
(c) Revenue from fees and charges
pursuant to ORS 390.124.
(3) Any moneys placed in the fund for
a particular purpose may be placed in a separate subaccount within the fund.
Each separate subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the purposes for
which they are deposited.
(4) All of the moneys in the fund
except those moneys described in subsection (3), (5), (6), [or] (7), (8) or (9) of this
section must be deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition, development,
maintenance, care and use of park and recreation sites and for the maintenance
and operation of the Oregon State Fair. The moneys in the subaccount under this
subsection must be accounted for separately and stated separately in the State
Parks and Recreation Department’s biennial budget.
(5)(a) Thirty-five percent of the
amount transferred to the State Parks and Recreation Department under ORS
366.512 from the registration of travel trailers, campers and motor homes and
under ORS 803.601 from recreational vehicle trip permits must be deposited in a
separate subaccount within the fund to be distributed for the acquisition,
development, maintenance, care and use of county park and recreation sites. The
moneys in the subaccount under this paragraph must be accounted for separately.
The following apply to the distribution of moneys under this paragraph:
(A) The moneys must be distributed
among the several counties for the purposes described in this paragraph. The
distribution shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(B) The sums designated under this
paragraph must be remitted to the county treasurers of the several counties by
warrant.
(b) The department shall establish an
advisory committee to advise the department in the performance of its duties
under this subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In determining the
composition of the advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with
responsibilities relating to county parks and recreation sites.
(c) The department, by rule, shall
establish a program to provide moneys to counties for the acquisition,
development, maintenance, care and use of county park and recreation sites. The
rules under this paragraph shall provide for distribution of moneys based on
use and need and, as the department determines necessary, on the need for the
development and maintenance of facilities to provide camping sites for campers,
motor homes and travel trailers.
(6) The department shall create a
separate City and County Subaccount within the fund to be used to reimburse
cities and counties as provided in ORS 390.290.
(7) The department shall create a
separate rural Fire Protection District Subaccount to be used to provide funds
for the fire protection districts as provided in ORS 390.290.
(8) Twelve percent of the amount
transferred to the State Parks and Recreation Department Fund from the Parks
Subaccount shall be used only to carry out the purposes and achievements
described in section 3 (2) and (3) of this 2011 Act through the awarding of
grants to regional or local government entities to acquire property for public
parks, natural areas or outdoor recreation areas or to develop or improve
public parks, natural areas or outdoor recreation areas. Moneys described in
this subsection may not be used to pay the cost of administering grants or the
cost of any Secretary of State audit required under section 4c, Article XV of
the Oregon Constitution.
(9) If the amount transferred to the
State Parks and Recreation Department Fund from the Parks Subaccount during a
biennium is more than 150 percent of the amount that was transferred during the
2009-2011 biennium, the State Treasurer shall, during the next following
biennium, deposit for use as described in subsection (8) of this section the
amount required under subsection (8) of this section plus an amount equal to
the difference between the amount deposited for use as described in subsection
(8) of this section during the preceding biennium and 25 percent of the moneys
transferred to the State Parks and Recreation Department Fund from the Parks
Subaccount during the preceding biennium.
(10) Subsections (8) and (9) of this
section apply only for biennia in which the Legislative Assembly does not
require a greater percentage of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount to be used for the
purposes described in subsection (8) of this section. The Legislative Assembly
may not authorize the percentage of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount that is deposited for
use as described in subsection (8) of this section in a biennium to be less
than the percentage required to be deposited under subsections (8) and (9) of
this section.
[(8)]
(11) On or before January 15 of each odd-numbered year, the State Parks and
Recreation Director shall report to the Joint Committee on Ways and Means
created by ORS 171.555 on the use of moneys deposited pursuant to ORS 805.256
in the fund. Notwithstanding ORS 192.230 to 192.250, the director shall
make the report in a form and manner as the committee may prescribe.
(12) On or before January 15 of
each odd-numbered year, the director shall submit a report to the Joint
Committee on Ways and Means created by ORS 171.555 that describes the
measurable biennial and cumulative results of activities and programs financed
by moneys transferred to the State Parks and Recreation Department Fund from
the Parks Subaccount. Notwithstanding ORS 192.230 to 192.250, the director
shall make the report in a form and manner as the committee may prescribe.
SECTION 5. ORS 390.134, as amended by
section 2, chapter 792, Oregon Laws 2007, and section 47, chapter 11, Oregon
Laws 2009, is amended to read:
390.134. (1) As used in this section:
(a) “Camper” has the meaning given
that term in ORS 801.180.
(b) “County” includes a metropolitan
service district organized under ORS chapter 268, but only to the extent that
the district has acquired, through title transfer, and is operating a park or
recreation site of a county pursuant to an intergovernmental agreement.
(c) “Motor home” has the meaning given
that term in ORS 801.350.
(d) “Travel trailer” has the meaning
given that term in ORS 801.565.
(2) The State Parks and Recreation
Department Fund is established separate and distinct from the General Fund.
Moneys in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund shall consist
of the following:
(a) All moneys placed in the fund as
provided by law. Any interest or other income derived from the depositing or
other investing of the fund must be credited to the fund.
(b) All registration fees received by
the Department of Transportation for campers, motor homes and travel trailers
that are transferred to the fund under ORS 366.512. The funds must be deposited
in a separate subaccount established under subsection (3) of this section.
(c) Revenue from fees and charges
pursuant to ORS 390.124.
(3) Any moneys placed in the fund for
a particular purpose may be placed in a separate subaccount within the fund.
Each separate subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the purposes for
which they are deposited.
(4) All of the moneys in the fund
except those moneys described in subsection (3), (5), (6), [or] (7), (8) or (9) of this
section must be deposited in a separate subaccount within the fund and used by
the State Parks and Recreation Department for the acquisition, development,
maintenance, care and use of park and recreation sites and for the maintenance
and operation of the Oregon State Fair. The moneys in the subaccount under this
subsection must be accounted for separately and stated separately in the State
Parks and Recreation Department’s biennial budget.
(5)(a) Thirty percent of the amount
transferred to the State Parks and Recreation Department under ORS 366.512 from
the registration of travel trailers, campers and motor homes and under ORS
803.601 from recreational vehicle trip permits must be deposited in a separate subaccount
within the fund to be distributed for the acquisition, development,
maintenance, care and use of county park and recreation sites. The moneys in
the subaccount under this paragraph must be accounted for separately. The
following apply to the distribution of moneys under this paragraph:
(A) The moneys must be distributed
among the several counties for the purposes described in this paragraph. The
distribution shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(B) The sums designated under this
paragraph must be remitted to the county treasurers of the several counties by
warrant.
(b) The department shall establish an
advisory committee to advise the department in the performance of its duties
under this subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In determining the
composition of the advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with
responsibilities relating to county parks and recreation sites.
(c) The department, by rule, shall
establish a program to provide moneys to counties for the acquisition,
development, maintenance, care and use of county park and recreation sites. The
rules under this paragraph shall provide for distribution of moneys based on
use and need and, as the department determines necessary, on the need for the
development and maintenance of facilities to provide camping sites for campers,
motor homes and travel trailers.
(6) The department shall create a
separate City and County Subaccount within the fund to be used to reimburse
cities and counties as provided in ORS 390.290.
(7) The department shall create a separate
rural Fire Protection District Subaccount to be used to provide funds for the
fire protection districts as provided in ORS 390.290.
(8) Twelve percent of the amount
transferred to the State Parks and Recreation Department Fund from the Parks
Subaccount shall be used only to carry out the purposes and achievements
described in section 3 (2) and (3) of this 2011 Act through the awarding of
grants to regional or local government entities to acquire property for public
parks, natural areas or outdoor recreation areas or to develop or improve
public parks, natural areas or outdoor recreation areas. Moneys described in
this subsection may not be used to pay the cost of administering grants or the
cost of any Secretary of State audit required under section 4c, Article XV of
the Oregon Constitution.
(9) If the amount transferred to the
State Parks and Recreation Department Fund from the Parks Subaccount during a
biennium is more than 150 percent of the amount that was transferred during the
2009-2011 biennium, the State Treasurer shall, during the next following
biennium, deposit for use as described in subsection (8) of this section the
amount required under subsection (8) of this section plus an amount equal to
the difference between the amount deposited for use as described in subsection
(8) of this section during the preceding biennium and 25 percent of the moneys
transferred to the State Parks and Recreation Department Fund from the Parks
Subaccount during the preceding biennium.
(10) Subsections (8) and (9) of this
section apply only for biennia in which the Legislative Assembly does not
require a greater percentage of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount to be used for the
purposes described in subsection (8) of this section. The Legislative Assembly
may not authorize the percentage of the amount transferred to the State Parks
and Recreation Department Fund from the Parks Subaccount that is deposited for
use as described in subsection (8) of this section in a biennium to be less
than the percentage required to be deposited under subsections (8) and (9) of
this section.
[(8)]
(11) On or before January 15 of each odd-numbered year, the State Parks and
Recreation Director shall report to the Joint Committee on Ways and Means
created by ORS 171.555 on the use of moneys deposited pursuant to ORS 805.256
in the fund. Notwithstanding ORS 192.230 to 192.250, the director shall
make the report in a form and manner as the committee may prescribe.
(12) On or before January 15 of
each odd-numbered year, the director shall submit a report to the Joint
Committee on Ways and Means created by ORS 171.555 that describes the
measurable biennial and cumulative results of activities and programs financed
by moneys transferred to the State Parks and Recreation Department Fund from
the Parks Subaccount. Notwithstanding ORS 192.230 to 192.250, the director
shall make the report in a form and manner as the committee may prescribe.
SECTION 6. ORS 390.180 is amended to
read:
390.180. (1) The State Parks and
Recreation Director shall adopt rules that:
(a) Establish the standards the State
Parks and Recreation Department shall use when that department:
(A) Performs comprehensive statewide
recreational planning; or
(B) Disburses any moneys to regional
or local governments or other state agencies under programs established
under state or federal law.
(b) Establish a process for the
development of a master plan for each state park, including public
participation and coordination with affected local governments.
(c) Establish a master plan for each
state park, including an assessment of resources and a determination of the
capacity for public use and enjoyment of each park, that the State Parks and
Recreation Department shall follow in its development and use of each park.
(d) Make state funding assistance
available to regional or local governments that demonstrate cooperation with
nonprofit veterans’ organizations for the construction and restoration of
memorials honoring veterans and war memorials located on public property.
(2) The State Parks and Recreation
Director shall submit an adopted state park master plan to the local government
with land use planning responsibility for the subject park.
NATURAL
RESOURCES DEFINITIONS
SECTION 7. ORS 541.351 is amended to
read:
541.351. As used in ORS 541.351 to
541.415:
(1) “Adaptive management” means
applying management or practices over time and across the landscape to achieve
site specific resource goals using an integrated and science based approach
that results in changes over time in response to feedback or monitoring.
(2) “Associated uplands” includes
those lands of a watershed that are critical to the functioning and protection
of a riparian area.
(3) “Board” means the Oregon Watershed
Enhancement Board created under ORS 541.360.
[(4)
“Capital expenditures” means direct expenses related to:]
[(a)
Personal property of a nonexpendable nature including items that are not
consumed in the normal course of operations, can normally be used more than
once, have a useful life of more than two years and are for use in the
enforcement of fish and wildlife and habitat protection laws and regulations;
or]
[(b)
Projects that restore, enhance or protect fish and wildlife habitat, watershed
functions, native salmonid populations or water quality, including but not
limited to:]
[(A)
Expenses of assessment, research, design or other technical requirements for
the implementation of a project;]
[(B)
The acquisition of determinate interests, including fee and less than fee
interests, in land or water in order to protect watershed resources, including
appraisal costs and other costs directly related to such acquisitions;]
[(C)
Development, construction or implementation of a project to restore, enhance or
protect water quality, a watershed, fish or wildlife, or riparian or other
habitat;]
[(D)
Technical support directly related to the implementation of a project; and]
[(E)
Monitoring or evaluation activities necessary to determine the actual
effectiveness of a project.]
[(5)]
(4) “Independent Multidisciplinary Science Team” means the scientific team
of recognized experts in fisheries, artificial propagation, stream ecology,
forestry, range, watershed and agricultural management created under ORS
541.409.
[(6)]
(5) “Native” means indigenous to Oregon and not introduced.
(6) “Oregon Conservation Strategy”
means the comprehensive wildlife conservation strategy for this state adopted
by the State Fish and Wildlife Commission.
(7) “Oregon Plan” means the guidance
statement and framework described in ORS 541.405.
(8) “Protect” or “protection” means to
minimize or mitigate adverse effects on [salmonid
and] native fish or wildlife habitat to the maximum extent
practicable given the anticipated duration, geographic scope and primary
purpose of proposed activities.
(9) “Restore” or “restoration” means
to take actions likely to achieve sustainable population levels of native fish
or wildlife and their habitats.
(10) “Riparian area” means a zone of
transition from an aquatic ecosystem to a terrestrial ecosystem, dependent upon
surface or subsurface water, that reveals through the zone’s existing or
potential soil-vegetation complex the influence of such surface or subsurface
water. A riparian area may be located adjacent to a lake, reservoir, estuary,
pothole, spring, bog, wet meadow, muskeg or ephemeral, intermittent or
perennial stream.
(11) “Soil and water conservation
district” means a political subdivision of the state as described in ORS
568.550.
(12) “Stewardship” means the careful
and responsible management of the environment.
(13) “Tribe” means a federally
recognized Indian tribe in Oregon.
(14) “Watershed” means the entire land
area drained by a stream or system of connected streams such that all
streamflow originating in the area is discharged through a single outlet.
(15) “Watershed council” means a
voluntary local organization, designated by a local government group convened
by a county governing body, to address the goal of sustaining natural resource
and watershed protection, restoration and enhancement within a watershed.
NATURAL
RESOURCES SUBACCOUNT
SECTION 8. Sections 9 and 10 of
this 2011 Act are added to and made a part of ORS 541.351 to 541.415.
SECTION 9. (1) Of the moneys deposited into the Parks and Natural Resources Fund
created under ORS 541.377 from the Oregon State Lottery, 50 percent shall be
deposited into a Natural Resources Subaccount for the public purpose of
financing the restoration and protection of native fish and wildlife,
watersheds and water quality in Oregon. The State Treasurer may invest and
reinvest the moneys in the Natural Resources Subaccount as provided in ORS
293.701 to 293.820.
(2) Moneys in the Natural Resources
Subaccount shall be used to accomplish each of the following:
(a) Protecting and improving water
quality in the rivers, lakes and streams of this state by restoring natural
watershed functions or stream flows;
(b) Securing long-term protection for
lands and waters that provide significant habitats for native fish and
wildlife;
(c) Restoring and maintaining habitat
needed to sustain healthy and resilient populations of native fish and
wildlife;
(d) Maintaining the diversity of
plants, animals and ecosystems in this state;
(e) Involving people in voluntary
actions to protect, restore and maintain the ecological health of lands and
waters in this state; and
(f) Remedying the conditions that
limit the health of fish and wildlife, fish and wildlife habitats and watershed
functions that are in the greatest need of conservation.
(3) Except as provided in subsections
(4) and (5) of this section, of the moneys deposited into the Natural Resources
Subaccount from the Oregon State Lottery:
(a) Sixty-five percent of the moneys
shall be deposited into the Watershed Conservation Grant Fund established under
section 12 of this 2011 Act to be used by the Oregon Watershed Enhancement
Board for the purposes set forth in section 13 of this 2011 Act; and
(b) Thirty-five percent of the moneys
shall be deposited into the Watershed Conservation Operating Fund established
under section 16 of this 2011 Act.
(4) If the amount transferred from the
Oregon State Lottery to the Parks and Natural Resources Fund during a biennium
is more than 150 percent of the amount that was transferred during the
2009-2011 biennium, except as provided in subsection (5) of this section, the
State Treasurer shall, during the next following biennium, deposit from the
Natural Resources Subaccount to the Watershed Conservation Grant Fund the
amount described in subsection (3)(a) of this section plus an amount equal to
the difference between the amount deposited from the subaccount to the
Watershed Conservation Grant Fund during the preceding biennium and 70 percent
of the moneys received by the subaccount from the Oregon State Lottery during
the preceding biennium.
(5) The requirements in subsections
(3) and (4) of this section apply only for biennia in which the Legislative
Assembly does not require a greater percentage of the Natural Resources
Subaccount moneys to be deposited into the Watershed Conservation Grant Fund.
The Legislative Assembly may not authorize the percentage of Natural Resources
Subaccount moneys deposited into the Watershed Conservation Grant Fund in a biennium
to be less than the percentage required to be deposited under subsections (3)
and (4) of this section.
SECTION 10. Each state agency that
receives moneys from the Natural Resources Subaccount created under section 9
of this 2011 Act shall submit a report to the Legislative Assembly each
biennium regarding the use of the moneys by the agency. The report shall
include, but need not be limited to, a description of the measurable biennial
and cumulative results of the activities and programs for which the agency
expended the moneys. Reports required by this section are in addition to any
audit report supplied by the Secretary of State under ORS chapter 297.
WATERSHED
CONSERVATION GRANT FUND
SECTION 11. Sections 12 and 13 of
this 2011 Act are added to and made a part of ORS 541.351 to 541.415.
SECTION 12. (1) The Watershed
Conservation Grant Fund is established separate and distinct from the General
Fund. The Watershed Conservation Grant Fund shall consist of all moneys placed
in the fund as provided by law. All moneys in the Watershed Conservation Grant
Fund are continuously appropriated to the Oregon Watershed Enhancement Board
for grants to fund projects described in ORS 541.401 that use grant moneys as
provided under section 13 of this 2011 Act. Interest accruing to the Watershed
Conservation Grant Fund shall be credited to the fund. Watershed Conservation
Grant Fund moneys appropriated and not expended by the completion of a biennium
shall remain in the Watershed Conservation Grant Fund.
(2) The board also may accept gifts
and grants from any public or private source for the purpose of providing the
grants described in this section.
SECTION 13. The purpose of the
Watershed Conservation Grant Fund is to provide funding for grants to achieve
the purposes and uses described in section 9 of this 2011 Act and to implement
the mission of the Oregon Plan, including but not limited to grants to further
the Oregon Conservation Strategy and the watershed health and native fish
recovery programs of this state. Moneys appropriated to the fund shall be used
only for the following activities:
(1) Acquiring from willing owners
interests in land or water that will protect or restore native fish or wildlife
habitats. The interests may include, but need not be limited to, fee interests,
conservation easements or leases.
(2) Projects to protect or restore
native fish habitat or wildlife habitat.
(3) Projects to protect or restore
natural watershed or ecosystem functions in order to improve water quality or
stream flows.
(4) Resource assessment, planning,
design and engineering, technical assistance, monitoring and outreach
activities necessary for carrying out subsections (1) to (3) of this section.
SECTION 14. ORS 541.401 is amended to
read:
541.401. The Oregon Watershed
Enhancement Board may award funds from the Watershed [Improvement] Conservation Grant Fund only for [the purposes listed in ORS 541.399]
activities described in section 13 of this 2011 Act. Any project that the
board approves for funding shall comply with the following criteria:
(1) There is a matching contribution
from other program funds, in-kind services or other investment in the project;
(2) The project to be funded is
reviewed and approved by a technical committee established in accordance
with ORS 541.370 [(3)]; and
(3) The project provides a public
benefit [through] by supporting
improved:
(a) Water quality;
(b) Native fish or wildlife
habitat; or
(c) [Public information or education on a] Watershed or ecosystem
function.
SECTION 15. ORS 541.399 is
repealed.
WATERSHED
CONSERVATION
OPERATING FUND
SECTION 16. (1) The Watershed
Conservation Operating Fund is established in the State Treasury separate and
distinct from the General Fund. The Watershed Conservation Operating Fund shall
consist of all moneys placed in the fund as provided by law. The purpose of the
fund is to carry out activities that support all of the purposes described in
section 9 of this 2011 Act. Moneys in the Watershed Conservation Operating Fund
shall be used for each of the following:
(a) To develop, implement or update
state conservation strategies or plans to protect or restore native fish or
wildlife habitats or to protect or restore natural watershed or ecosystem
functions to improve water quality or stream flows;
(b) To develop, implement or update
regional or local strategies or plans that are consistent with state strategies
or plans described in paragraph (a) of this subsection;
(c) To develop, implement or update
state strategies or plans to prevent, detect, control or eradicate invasive
species that threaten native fish or wildlife habitats or that impair water
quality;
(d) To support local delivery,
including but not limited to delivery by watershed councils, soil and water
conservation districts and other community-based organizations, of watershed
education activities and other programs or projects that protect or restore
native fish or wildlife habitats, watersheds or ecosystems;
(e) To pay the Oregon Watershed
Enhancement Board costs of administering the Watershed Conservation Grant Fund;
(f) To enforce fish and wildlife laws
and regulations and fish and wildlife habitat protection laws and regulations;
and
(g) To reimburse the Secretary of
State as described in ORS 297.230 for the costs of audits performed by the
Secretary of State under section 4c, Article XV of the Oregon Constitution.
(2) Interest accruing to the Watershed
Conservation Operating Fund shall be credited to the fund. Watershed
Conservation Operating Fund moneys appropriated and not expended by the
completion of a biennium shall remain in the Watershed Conservation Operating
Fund.
(3) Any public or private source may
make gifts or grants to the Watershed Conservation Operating Fund.
SECTION 17. ORS 541.373 is amended to
read:
541.373. (1) The Governor may receive
gifts, grants, bequests, endowments and donations of moneys from public and
private sources, including the federal government, for the purpose of
implementing the Oregon Plan, as described in ORS 541.405, and the Oregon
Conservation Strategy.
(2) If requested by the source, the
Governor shall deposit moneys received under this section into the Watershed
Conservation Grant Fund for use as provided under section 13 of this 2011 Act.
The Governor shall deposit all other moneys received under this section
in the State Treasury to the credit of the Watershed [Improvement] Conservation Operating Fund established under [ORS 541.379 to be used for the purposes
specified in ORS 541.379 (1)(b)] section 16 of this 2011 Act.
SECTION 18. ORS 541.371 is amended to
read:
541.371. (1) In addition to the duties
set forth in ORS 541.370, in carrying out the provisions of ORS 541.351 to
541.415, the Oregon Watershed Enhancement Board:
(a) Shall establish a framework for a
locally based integrated watershed planning and management process designed to
assist watershed councils, [and]
soil and water conservation districts and other partners and to support
the efforts of watershed councils, [and]
soil and water conservation districts and other partners to work within
the requirements of state and federal laws without duplication of planning
effort. The framework shall include all of the following:
(A) Guidance and protocols for
watershed assessments to encourage consistent assessment methods across all
watersheds and agencies, including assessment of cumulative effects. At a
minimum, such guidance shall address the following plan components:
(i) A description of the watershed;
(ii) An assessment of current
watershed conditions and the distribution and condition of habitat; and
(iii) Identification of conditions
preventing watershed restoration.
(B) Guidance on how to prepare
watershed action plans. At a minimum, such guidance shall address the following
plan components:
(i) Applicable water quality standards
and native salmonid and habitat recovery objectives;
(ii) Proposed measures needed to
restore watershed health;
(iii) Timeline and budget estimates
for implementation of action measures in priority order; and
(iv) Monitoring and evaluation
systems.
(b) May review plans, actions and
rules of state agencies pertaining to restoration and protection grants for the
purpose of coordinating the board’s grant program with other ongoing grant
programs.
(c) Shall establish statewide and regional
goals and priorities that shall become the basis for funding decisions by the
board. In adopting such goals and priorities, the board shall adopt priorities
for grant funding based on the Oregon Plan, the Oregon Conservation
Strategy, the watershed health and native fish recovery programs of this state and
[on] measurable goals. In carrying
out this function, the board shall consider local economic and social impacts
among the criteria.
(d) Shall support development and
implementation of a system that enables standardized collection, management and
reporting of natural resources information in Oregon, including water data,
geographic information system data and information on native fish and wildlife
and habitat.
(e) Shall promote the availability of
information on the effects of watershed enhancement.
(f) May not have regulatory or
enforcement authority except for the fiscal responsibilities described in ORS
541.351 to 541.415.
(2) In addition to [the uses of grant funds described in ORS
541.399, in allocating grant funds under ORS 541.351 to 541.415 that are
derived from the Restoration and Protection Subaccount, the board:] any
other expenditures consistent with section 16 of this 2011 Act, moneys in the
Watershed Conservation Operating Fund may be expended in the form of grants or
allocations:
(a) [May allocate funds to be used for staff for] To soil and
water conservation districts and watershed councils[.] for costs of employing staff to further the development and
implementation of activities, projects and programs for the purposes described
in section 16 of this 2011 Act; or
(b) [May award funds] For a specific project or program application or
for implementation of an approved action plan.
(3) To the maximum extent practicable,
soil and water conservation districts and watershed councils shall share
technical staff.
SECTION 19. ORS 805.256 is amended to
read:
805.256. (1) After deduction of the
cost of administration of the salmon registration plate program, moneys from
the surcharge imposed by ORS 805.255 shall be transferred and appropriated as
follows:
(a) Half of the moneys shall be
transferred to the [Oregon Watershed
Enhancement Board established under ORS 541.360 and are continuously
appropriated to the board] Watershed Conservation Operating Fund for
activities under [ORS 541.379]
section 16 of this 2011 Act related to the restoration and protection of [native salmonid populations, watersheds,
fish and wildlife habitats and water quality, including but not limited to
activities under the Oregon Plan] watersheds, native fish and wildlife
and water quality; and
(b) Half of the moneys shall be
transferred to the State Parks and Recreation Department Fund established under
ORS 390.134 and continuously appropriated for the purposes described in ORS
390.134 (4).
(2) As used in this section, “the cost
of administration of the salmon registration plate program” is the sum of all
Department of Transportation expenses for the issuance or transfer of salmon
registration plates under ORS 805.255 that are above the normal costs of
issuing, renewing and transferring registration plates in the normal course of
the business of the department. These expenses include, but are not limited to,
the costs of collecting the salmon registration plate surcharge and
transferring salmon registration plates.
OREGON
WATERSHED ENHANCEMENT BOARD
SECTION 20. ORS 541.360 is amended to
read:
541.360. (1) The Oregon Watershed
Enhancement Board is created. The board shall consist of 17 members as set
forth in subsection (2) of this section. The chairperson shall have such powers
and duties as are provided by the rules of the board.
(2)(a) The 11 voting members of the
board shall be knowledgeable about natural resource issues, represent all
geographic regions of this state and include at least one representative of a
tribe. The board shall consist of the following:
(A) Each of the following boards or
commissions shall designate one member of their board or commission to serve on
the Oregon Watershed Enhancement Board:
(i) The Environmental Quality
Commission;
(ii) The State Fish and Wildlife
Commission;
(iii) The State Board of Forestry;
(iv) The State Board of Agriculture;
and
(v) The Water Resources Commission;
and
(B) Six public members appointed by
the Governor and confirmed by the Senate in accordance with ORS 171.562 and
171.565. Each public member shall serve for a term of four years. A member
shall be eligible for reappointment, but no member shall serve more than two
consecutive terms.
(b) In addition to the voting members,
the director of the [agricultural
extension service of] Oregon State University Extension Service, or
the director’s designee, shall serve as a nonvoting member of the board and
shall participate as needed in the activities of the board.
(c) In addition to the voting and
nonvoting members designated in paragraphs (a) and (b) of this subsection,
representatives of the following federal agencies shall be invited to serve as
additional nonvoting members of the board:
(A) A representative of the United
States Forest Service.
(B) A representative of the United
States Bureau of Land Management.
(C) A representative of the Natural
Resources Conservation Service of the United States Department of Agriculture.
(D) A representative of the United
States Environmental Protection Agency.
(E) A representative of the National
Marine Fisheries Service of the United States Department of Commerce.
(3) The voting members of the board
shall select a chairperson from among the voting members of the board.
(4) At least eight voting members of
the board must be present to take action to award grant funds under ORS
541.370. If three or more voting members object to an award of grant funds, the
board shall reject the proposal and direct the applicant to revise the proposal
to comply with the requirements of ORS [541.397,
541.399 and 451.401] 541.401 and sections 12 and 13 of this 2011 Act
and resubmit the proposal.
SECTION 21. ORS 541.370 is amended to
read:
541.370. (1) In carrying out the
watershed enhancement program described in ORS 541.365, the Oregon
Watershed Enhancement Board shall:
(a) Coordinate the board’s funding of
enhancement projects with the activities of the Natural Resources Division
staff and other agencies, especially those agencies working together through a
system of coordinated resource management planning.
(b) Use the expertise of the
appropriate state agency according to the type of enhancement project.
(c) Provide educational and
informational materials to promote public awareness and involvement in the
watershed enhancement program.
(d) Coordinate and provide for or
arrange for assistance in the activities of persons, agencies or political
subdivisions developing local watershed enhancement projects funded by the
board.
(e) Grant funds for the support of
watershed councils in assessing watershed conditions, developing action plans,
implementing projects and monitoring results and for the implementation of
watershed enhancement projects from such moneys as may be available to the
board therefor.
(f) Develop and maintain a centralized
repository for information about the effects of watershed enhancement and
education projects.
(g) Give priority to proposed
watershed enhancement projects receiving funding or assistance from other
sources.
(h) Identify gaps in research or
available information about watershed health and enhancement.
(i) Cooperate with appropriate federal
entities to identify the needs and interests of the State of Oregon so that
federal plans and project schedules relating to watershed enhancement
incorporate the state’s intent to the fullest extent practicable.
(j) Encourage the use of nonstructural
methods to enhance the riparian areas and associated uplands of Oregon’s
watersheds.
(k) Determine criteria for utilizing
the private sector, both not-for-profit and for-profit organizations, to
provide landowners with technical assistance to help develop and implement
conservation easements and resource improvement projects.
(2) In accordance with ORS 541.351 to
541.415, the Oregon Watershed Enhancement Board shall administer a watershed [improvement] conservation grant
program using funds from the Watershed [Improvement]
Conservation Grant Fund established under [ORS 541.397] section 12 of this 2011 Act, from the [Restoration and Protection] Natural
Resources Subaccount established under [ORS
541.377] section 9 of this 2011 Act and from the Flexible Incentives
Account established under ORS 541.381.
(3) To aid and advise the board in the
performance of the functions of the board, the board may establish such
advisory and technical committees as the board considers necessary. These
committees may be continuing or temporary. The board shall determine the
representation, membership, terms and organization of the committees and shall
appoint their members. The chairperson is ex officio a member of each
committee.
SECTION 22. ORS 541.375 is amended to
read:
541.375. (1)(a) [Any person, tribe, watershed council, soil
and water conservation district, community college, state institution of higher
education, independent not-for-profit institution of higher education or
political subdivision of this state that is not a state agency] The
following entities may submit a request for funding for, or for
advice and assistance in developing, a project under ORS 541.351 to
541.415[.]:
(A) A person;
(B) An Indian tribe;
(C) A watershed council;
(D) A soil and water conservation
district;
(E) A community college;
(F) A state institution of higher
education;
(G) An independent not-for-profit
institution of higher education; or
(H) A political subdivision of this
state that is not a state agency.
(b) A
state agency or federal agency may apply for funding under this section only as
a coapplicant with [one of the other
eligible entities] an entity described in paragraph (a) of this
subsection.
(2) The request under subsection (1)
of this section shall be filed in the manner, be in the form and contain the
information required by the Oregon Watershed Enhancement Board, regardless
of the anticipated funding source for the project.
(3) The board may establish a grant
program through soil and water conservation districts organized under ORS
568.210 to 568.808 and 568.900 to 568.933 that provides funds for local
implementation of watershed enhancement, education and monitoring efforts.
(4) The board may fund implementation
of action plans based on a watershed assessment that addresses water quality
and aquatic resources of the watershed.
(5) A project may use mechanical,
vegetative or structural methods including, but not limited to, management
techniques, erosion control, streambank stabilization, forest, range or crop
land treatment, site specific in-stream structures, acquisitions or leases of
land or water rights from a willing owner, watershed assessments, landowner
incentives and action plan development, implementation and monitoring.
(6) The actions of a soil and water
conservation district carried out pursuant to a grant program established by
the board under subsection (3) of this section shall not be subject to review
and approval by the Natural Resources Division under ORS 561.400.
(7) [The Oregon Watershed Enhancement Board shall approve for funding only
those projects that:] If a project or a portion of a project is not
subject to the funding criteria described in ORS 541.401 and applies to receive
funding from the board, the board may approve the project or portion of a
project for funding only if the project or portion of a project:
(a) [Are] Is based on sound principles of native fish or
wildlife habitat conservation or watershed management;
(b) [Use] Uses methods most adapted to the project locale;
(c) [Meet] Meets the criteria established by the board under ORS
541.396; and
(d) [Contribute] Contributes to either:
(A) The improved health of a stream,
lake or reservoir and toward the achievement of standards that satisfy the
requirements of the Federal Water Pollution Control Act (P.L. 92-500), as
amended; or
(B) The [restoration of wildlife, habitat or native fish] conservation or
restoration of habitat for, or of watershed or ecosystem function for, native
fish or wildlife.
(8) The Oregon Watershed Enhancement
Board may fund a project for the restoration of a riparian area or associated
upland that is carried out in conjunction with a storage structure. However,
the board shall not approve funding for any proposed project that consists
solely of construction of a storage structure for out-of-stream use.
(9) The Oregon Watershed Enhancement
Board may fund projects involving the acquisition of lands and waters, or
interests therein from willing sellers, for the purpose of maintaining or
restoring watersheds[, habitat and native
salmonids] and habitat for native fish or wildlife. Interests in
these lands and waters may be held by local, state and federal agencies,
tribes, not-for-profit land conservation organizations and trusts, state
institutions of higher education, independent not-for-profit institutions of
higher education or political subdivisions of this state, as long as the entity
continues to use the land or water for the purposes specified under section 4b,
Article XV of the Oregon Constitution.
(10) If the Oregon Watershed
Enhancement Board approves funding for a project under this section[ that requires the applicant to obtain a
permit or license from a local, state or federal agency or governing body],
the board [shall] may not
disburse [any] funds to the applicant
for any part of the project that requires the applicant to obtain a permit
or license from a local, state or federal agency or governing body until
the applicant presents evidence that the agency has granted the permit or
license.
SECTION 23. ORS 541.376 is amended to
read:
541.376. (1) Land purchased through a
grant agreement with the Oregon Watershed Enhancement Board shall be subject to
title restrictions that are consistent with the conservation purposes of the
grant and give the board the authority to approve, approve with conditions
or deny the sale or transfer of the land. [Specifically,]
The board may require conditions on the sale or transfer to:
(a) Ensure consistency with the intent
of the original grant;
(b) Ensure the ability of the party
receiving the land through the sale or transfer to carry out the obligations
under the grant agreement; and
(c) Address the disposition of
proceeds from the sale or transfer, including any provisions for repayment,
with interest, of any grant funds.
(2) The board may not allow a sale or
transfer that results in any profit to any person.
(3) The board shall, by rule, define “profit”
for the purpose of not allowing sales or transfers and shall specify the
process and criteria that the board will use in considering whether to approve,
approve with conditions or deny a sale or transfer.
SECTION 24. ORS 541.392 is amended to
read:
541.392. [(1)] The Oregon Watershed Enhancement Board shall report biennially
to the Legislative Assembly on the implementation of the management program
under ORS 541.384 and grants awarded under [ORS
541.399] section 13 of this 2011 Act. The report shall include but
need not be limited to:
[(a)]
(1) An explanation of the effectiveness and workability of the partnership
process described in ORS 541.384;
[(b)]
(2) A description of any modifications to the process that have been
instituted; and
[(c)]
(3) Recommendations concerning the need for future legislative action.[; and]
[(d)
Information about the use of moneys received by and distributed by the board
under section 4b, Article XV of the Oregon Constitution.]
[(2)
The board shall include with each report under subsection (1) of this section a
copy of each audit completed pursuant to section 4c, Article XV of the Oregon
Constitution.]
RESTORATION
AND PROTECTION
RESEARCH FUND
SECTION 25. ORS 541.378 is
repealed. The State Treasurer shall transfer any balance of the Restoration and
Protection Research Fund remaining available and unexpended on the effective
date of this 2011 Act that was derived from interest on Watershed Improvement
Operating Fund moneys to the credit of the Watershed Improvement Operating
Fund. The State Treasurer shall transfer any balance of the Restoration and
Protection Research Fund remaining available and unexpended on the effective
date of this 2011 Act that was derived from interest on Watershed Improvement
Grant Fund moneys to the credit of the Watershed Improvement Grant Fund.
WATERSHED
IMPROVEMENT
OPERATING FUND
SECTION 26. ORS 541.379 is amended to
read:
541.379. (1) The Watershed Improvement
Operating Fund is established in the State Treasury separate and distinct from
the General Fund. The Watershed Improvement Operating Fund shall consist of all
moneys placed in the fund as provided by law. All moneys in the Watershed
Improvement Operating Fund are continuously appropriated for the following
purposes:
(a) Operational activities of the
Oregon Watershed Enhancement Board for carrying out this section;
(b) Activities of state and local
agencies and other public entities for which funding was approved by the
board prior to the effective date of this 2011 Act and that are related to
the restoration and protection of native salmonid populations, watersheds, fish
and wildlife habitats and water quality, including but not limited to
activities under the Oregon Plan;
(c) Watershed improvement grants
described in ORS 541.399 and 541.401 as set forth in the 2009 Edition of
Oregon Revised Statutes and issued prior to the effective date of this 2011 Act
that are not capital expenditures; and
(d) Watershed improvement grants
described in ORS 541.399 and 541.401 as set forth in the 2009 Edition of
Oregon Revised Statutes and issued prior to the effective date of this 2011 Act
that are capital expenditures.
(2) Interest accruing to the Watershed
Improvement Operating Fund shall be credited to [the Restoration and Protection Research Fund created under ORS 541.378]
the fund. Funds appropriated and not expended by the completion of a
biennium shall remain in the Watershed Improvement Operating Fund.
(3) The Oregon Watershed Enhancement
Board created under ORS 541.360 shall administer the Watershed Improvement
Operating Fund.
(4) [In addition to the funds made available for the purposes of ORS 541.351
to 541.415 under ORS 541.399,] The board [also] may accept gifts and grants from any public or private source
for the purposes described in subsection (1) of this section.
SECTION 27. ORS 541.379 is
repealed on July 1, 2013. The State Treasurer shall transfer any balance of the
Watershed Improvement Operating Fund remaining available and unexpended on July
1, 2013, to the credit of the Watershed Conservation Operating Fund.
WATERSHED
IMPROVEMENT GRANT FUND
SECTION 28. ORS 541.397 is amended to
read:
541.397. (1) The Watershed Improvement
Grant Fund is established separate and distinct from the General Fund. The
Watershed Improvement Grant Fund shall consist of all moneys placed in the fund
as provided by law. All moneys in the Watershed Improvement Grant Fund are
continuously appropriated to fund watershed improvement grants described in ORS
541.399 and 541.401 as set forth in the 2009 Edition of Oregon Revised
Statutes that were issued prior to the effective date of this 2011 Act.
Interest accruing to the Watershed Improvement Grant Fund shall be credited to
[the Restoration and Protection Research
Fund created under ORS 541.378] the fund. Funds appropriated and not
expended by the completion of a biennium shall remain in the Watershed
Improvement Grant Fund.
(2) The Oregon Watershed Enhancement
Board created under ORS 541.360 shall administer the Watershed Improvement
Grant Fund and provide grants from the fund [for the purposes described in ORS 541.399 and 541.401 in the manner
described under ORS 541.399 and 541.401] as described in subsection (1)
of this section.
(3) [In addition to the funds made available for the purposes of ORS 541.351
to 541.415 under ORS 541.399,] The board [also] may accept gifts and grants from any public or private source
for the purpose of [providing]
funding the grants described in subsection [(2)] (1) of this section.
SECTION 29. ORS 541.397 is
repealed on July 1, 2015. The State Treasurer shall transfer any balance of the
Watershed Improvement Grant Fund remaining available and unexpended on July 1,
2015, to the credit of the Watershed Conservation Grant Fund.
MISCELLANEOUS
SECTION 30. (1) Section 9 of this
2011 Act and the amendments to ORS 541.377 by section 1 of this 2011 Act are
intended to change the name of the “Restoration and Protection Subaccount” to
the “Natural Resources Subaccount.”
(2) For the purpose of harmonizing and
clarifying statutory law, the Legislative Counsel may substitute for words
designating the “Restoration and Protection Subaccount,” wherever they occur in
statutory law, other words designating the “Natural Resources Subaccount.”
SECTION 30a. If Senate Bill 242
becomes law, section 276, chapter 637, Oregon Laws 2011 (Enrolled Senate Bill
242) (amending ORS 541.375), is repealed and ORS 541.375, as amended by section
22 of this 2011 Act, is amended to read:
541.375. (1)(a) The following entities
may submit a request for funding for, or for advice and assistance in
developing, a project under ORS 541.351 to 541.415:
(A) A person;
(B) An Indian tribe;
(C) A watershed council;
(D) A soil and water conservation
district;
(E) A community college;
(F) A [state institution of higher education] public university listed
in ORS 352.002;
(G) An independent not-for-profit
institution of higher education; or
(H) A political subdivision of this
state that is not a state agency.
(b) A state agency or federal agency
may apply for funding under this section only as a coapplicant with an entity
described in paragraph (a) of this subsection.
(2) The request under subsection (1)
of this section shall be filed in the manner, be in the form and contain the
information required by the Oregon Watershed Enhancement Board, regardless of
the anticipated funding source for the project.
(3) The board may establish a grant
program through soil and water conservation districts organized under ORS
568.210 to 568.808 and 568.900 to 568.933 that provides funds for local
implementation of watershed enhancement, education and monitoring efforts.
(4) The board may fund implementation
of action plans based on a watershed assessment that addresses water quality
and aquatic resources of the watershed.
(5) A project may use mechanical,
vegetative or structural methods including, but not limited to, management
techniques, erosion control, streambank stabilization, forest, range or crop
land treatment, site specific in-stream structures, acquisitions or leases of
land or water rights from a willing owner, watershed assessments, landowner
incentives and action plan development, implementation and monitoring.
(6) The actions of a soil and water
conservation district carried out pursuant to a grant program established by
the board under subsection (3) of this section shall not be subject to review
and approval by the Natural Resources Division under ORS 561.400.
(7) If a project or a portion of a
project is not subject to the funding criteria described in ORS 541.401 and
applies to receive funding from the board, the board may approve the project or
portion of a project for funding only if the project or portion of a project:
(a) Is based on sound principles of
native fish or wildlife habitat conservation or watershed management;
(b) Uses methods most adapted to the
project locale;
(c) Meets the criteria established by
the board under ORS 541.396; and
(d) Contributes to either:
(A) The improved health of a stream,
lake or reservoir and toward the achievement of standards that satisfy the
requirements of the Federal Water Pollution Control Act (P.L. 92-500), as
amended; or
(B) The conservation or restoration of
habitat for, or of watershed or ecosystem function for, native fish or
wildlife.
(8) The Oregon Watershed Enhancement
Board may fund a project for the restoration of a riparian area or associated
upland that is carried out in conjunction with a storage structure. However,
the board shall not approve funding for any proposed project that consists
solely of construction of a storage structure for out-of-stream use.
(9) The Oregon Watershed Enhancement
Board may fund projects involving the acquisition of lands and waters, or
interests therein from willing sellers, for the purpose of maintaining or
restoring watersheds and habitat for native fish or wildlife. Interests in
these lands and waters may be held by local, state and federal agencies,
tribes, not-for-profit land conservation organizations and trusts, [state institutions of higher education] public
universities listed in ORS 352.002, independent not-for-profit institutions
of higher education or political subdivisions of this state, as long as the
entity continues to use the land or water for the purposes specified under
section 4b, Article XV of the Oregon Constitution.
(10) If the Oregon Watershed
Enhancement Board approves funding for a project under this section, the board
may not disburse funds to the applicant for any part of the project that
requires the applicant to obtain a permit or license from a local, state or
federal agency or governing body until the applicant presents evidence that the
agency has granted the permit or license.
SECTION 30b. The amendments to ORS
541.375 by section 30a of this 2011 Act become operative on January 1, 2012.
CAPTIONS
SECTION 31. The unit captions used
in this 2011 Act are provided only for the convenience of the reader and do not
become part of the statutory law of this state or express any legislative
intent in the enactment of this 2011 Act.
EMERGENCY
CLAUSE
SECTION 32. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect on
July 1, 2011.
Approved by
the Governor July 21, 2011
Filed in the
office of Secretary of State July 21, 2011
Effective date
July 21, 2011
__________