Bill Text: OR HB3086 | 2013 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to sage grouse; appropriating money; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-01 - Chapter 710, (2013 Laws): Effective date August 1, 2013. [HB3086 Detail]
Download: Oregon-2013-HB3086-Amended.html
Bill Title: Relating to sage grouse; appropriating money; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-08-01 - Chapter 710, (2013 Laws): Effective date August 1, 2013. [HB3086 Detail]
Download: Oregon-2013-HB3086-Amended.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session HA to HB 3086 LC 1006/HB 3086-4 HOUSE AMENDMENTS TO HOUSE BILL 3086 By COMMITTEE ON AGRICULTURE AND NATURAL RESOURCES April 11 On page 1 of the printed bill, delete lines 4 through 29 and delete page 2 and insert: ' { + SECTION 1. + } { + (1) Subject to and consistent with the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and notwithstanding any provision of ORS 496.171 to 496.182: ' (a) If a person seeks a permit, license, authorization or other form of permission required by law from a state agency for a proposed action that may affect core area habitat of sage grouse and the state agency requests a determination from the State Department of Fish and Wildlife regarding the effects of the proposed action on sage grouse, the person may file with the department a report that, using the best scientific and commercial data available, provides a description of the proposed action and its possible effects on the habitat. ' (b) The report described in this section must describe the core area habitat of sage grouse affected by the proposed action, specify whether the habitat is essential and irreplaceable and provide proposals for off-site mitigation. ' (c)(A) Within 30 days after the filing of the report described in this section, the department shall evaluate whether the proposals for off-site mitigation specified in the report result in a net loss of either the quality or quantity of sage grouse habitat and provide a net benefit to the quality or quantity of sage grouse habitat. ' (B)(i) If the department concludes that the proposals for off-site mitigation do not result in a net loss of either the quality or quantity of sage grouse habitat and do provide a net benefit to the quality or quantity of sage grouse habitat, the department shall issue an order finding that the core area of habitat of sage grouse affected by the proposed action is not irreplaceable. The department may not thereafter reverse or modify the order. ' (ii) If the department concludes that the proposals for off-site mitigation result in a net loss of either the quality or quantity of sage grouse habitat and do not provide a net benefit to the quality or quantity of sage grouse habitat, a person affected by the action may request a contested case hearing before the State Fish and Wildlife Commission, to be conducted as provided in ORS chapter 183. ' (2) The State Fish and Wildlife Commission may adopt rules to carry out the provisions of this section. + } ' { + SECTION 2. + } { + (1) Except as provided in subsection (2) of this section, section 1 of this 2013 Act becomes operative on January 1, 2014. ' (2) The State Fish and Wildlife Commission may adopt rules or take any other action before the operative date specified in subsection (1) of this section that is necessary to implement, on and after the operative date specified in subsection (1) of this section, section 1 of this 2013 Act. + } ' { + SECTION 3. + } { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ' . ----------