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

---

     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. + } ' .
                         ----------