Bill Text: OR SB342 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the use of Parks and Natural Resources Fund moneys; appropriating money; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-08-01 - Effective date, July 21, 2011. [SB342 Detail]

Download: Oregon-2011-SB342-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2001

                         Senate Bill 342

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Environment and Natural Resources)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Revises statutory provisions relating to lottery moneys
constitutionally directed toward financing restoration and
protection of native fish and wildlife, watersheds and water
quality. Changes permissible uses of moneys.
  Deletes provision regarding Oregon Watershed Enhancement Board
member objections to awards of grant funds. Alters content of
program conducted by board. Authorizes board to enter into
contracts with qualified experts or individuals for scientific
review.
  Changes name of Restoration and Protection Subaccount of Parks
and Natural Resources Fund to Natural Resources Subaccount.
Changes name of Watershed Improvement Grant Fund to Watershed
Conservation Grant Fund. Changes name of Watershed Improvement
Operating Fund to Watershed Conservation Operating Fund.
  Requires state agencies receiving grant moneys from Natural
Resources Subaccount to biennially report to Legislative Assembly
regarding use of moneys.

                        A BILL FOR AN ACT
Relating to the use of Parks and Natural Resources Fund moneys;
  creating new provisions; amending ORS 541.351, 541.360,
  541.370, 541.371, 541.373, 541.375, 541.376, 541.377, 541.378,
  541.379, 541.392, 541.397, 541.401 and 805.256; repealing ORS
  541.399; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2011 Act are added to
and made a part of ORS 541.351 to 541.415. + }
  SECTION 2.  { + The purpose of the Watershed Conservation Grant
Fund is to provide funding for grants 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 purposes:
  (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 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 3.  { + Each state agency to which the Oregon Watershed
Enhancement Board distributes moneys from the Parks and Natural
Resources Fund established in ORS 541.377 shall submit a report
to the Legislative Assembly each biennium regarding 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 fund moneys. The reports required by this
section are in addition to any audit report supplied by the
Secretary of State under ORS chapter 297. + }
  SECTION 4. 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 the state
adopted by the State Fish and Wildlife Commission and published
by the State Department of Fish and Wildlife in September of
2006. + }

  (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 and
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.
  SECTION 5. 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 and resubmit the proposal. - }
  SECTION 6. ORS 541.370 is amended to read:
  541.370. (1) In carrying out the watershed enhancement program,
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, from
the   { - Restoration and Protection - }  { +  Natural
Resources + } Subaccount established under ORS 541.377 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.
   { +  (4) The board may enter into contracts with qualified
experts and individuals as necessary for independent scientific
review of issues related to the implementation of the Oregon Plan
or to board implementation of the watershed conservation grant
program. + }
  SECTION 7. 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 + } 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 - }  { +  Natural Resources + } Subaccount, the board:
  (a) May allocate funds to   { - be used for staff for - }  soil
and water conservation districts and watershed councils { +  for
staff to further the development and implementation of projects
and programs as provided in ORS 541.375 and 541.401 and section 2
of this 2011 Act + }.
  (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 8. 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.
  (2) The Governor shall deposit 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) - }  { +  (1)(a) and (d) + }.
  SECTION 9. 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.
  (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 { +  meet the requirements of
ORS 541.401 and + }:
  (a) Are based on sound principles of  { + native fish and
wildlife habitat conservation and + } watershed management;
  (b) Use methods most adapted to the project locale;
  (c) Meet the criteria established by the board under ORS
541.396; and
  (d) Contribute 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. - }
   { +  (B) The conservation or restoration of habitat 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 and 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 not disburse any funds to the
applicant until the applicant presents evidence that the agency
has granted the permit or license.
  SECTION 10. 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 11. 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 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 - }  { +
Natural Resources + } Subaccount  { + and allocated to the Oregon
Watershed Enhancement Board + } for the public purpose of
financing the restoration and protection of native   { - salmonid
populations, watersheds, fish and wildlife habitats - }
 { + fish and wildlife, watersheds  + }and water quality in
Oregon. The State Treasurer may invest and reinvest the moneys in
the   { - Restoration and Protection - }  { +  Natural
Resources + } 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) - }  { +  (5) + } Of the moneys deposited into the
 { - Restoration and Protection - }  { +  Natural Resources + }
Subaccount from the Oregon State Lottery, the Oregon Watershed
Enhancement Board shall deposit:
  (a) Sixty-five percent of the funds into the Watershed
  { - Improvement - }  { +  Conservation + } Grant Fund
established under ORS 541.397 to be used   { - only for funding
capital expenditure projects - }  { +  by the board for the
purposes set forth in section 2 of this 2011 Act + }; and
  (b) Thirty-five percent of the funds into the Watershed
  { - Improvement - }  { +  Conservation + } Operating Fund
established under ORS 541.379 to be used  { + by the board
 + }for the purposes set forth in ORS 541.379 (1).
   { +  (6) The Oregon Watershed Enhancement Board shall use the
moneys from the Natural Resources Subaccount to:
  (a) Protect and improve water quality in the rivers, lakes and
streams of this state by restoring natural watershed functions or
stream flows;
  (b) Secure long-term protection for lands and waters that
provide significant habitats for native fish and wildlife;
  (c) Restoring and maintaining wildlife habitat;
  (d) Maintain the diversity of plants, animals and ecosystems in
this state;
  (e) Involve people in voluntary actions to protect, restore and
maintain the ecological health of lands and waters in this state;
and
  (f) Remedy 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. + }
  (7) The Legislative Assembly shall 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.
  SECTION 12. ORS 541.378 is amended to read:
  541.378. (1) The Restoration and Protection Research Fund is
established separate and distinct from the General Fund. Interest
earned by the Restoration and Protection Research Fund shall be
credited to the fund. Moneys credited to the fund are
continuously appropriated to the Oregon Watershed Enhancement
Board for the purpose of funding research and other activities
related to the restoration and protection of native salmonid
populations, watersheds, fish and wildlife habitats and water
quality, including but not limited to research, monitoring,
evaluation and assessment related to the Oregon Plan { +  and the
Oregon Conservation Strategy + }.
  (2) All moneys received by the Oregon Watershed Enhancement
Board from interest earned on the   { - Restoration and
Protection - }  { +  Natural Resources + } Subaccount of the
Parks and Natural Resources Fund created under ORS 541.377, from
the Watershed   { - Improvement - }  { +  Conservation + }
Operating Fund created under ORS 541.379 and from the Watershed
 { - Improvement - }  { +  Conservation + } Grant Fund created
under ORS 541.397 shall be credited to the Restoration and
Protection Research Fund. Moneys credited to the fund and not
expended by the completion of a biennium shall remain in the
fund.
  SECTION 13. ORS 541.379 is amended to read:
  541.379. (1) The Watershed   { - Improvement - }  { +
Conservation + } Operating Fund is established in the State
Treasury separate and distinct from the General Fund. The
Watershed   { - Improvement - }  { +  Conservation + } Operating
Fund shall consist of all moneys placed in the fund as provided
by law. All moneys in the Watershed
  { - Improvement - }  { +  Conservation + } Operating Fund are
continuously appropriated  { + to the Oregon Watershed
Enhancement Board + } for the following purposes:
    { - (a) Operational activities of the Oregon Watershed
Enhancement Board; - }
    { - (b) Activities of state and local agencies and other
public entities 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 that are not capital expenditures; and - }
    { - (d) Watershed improvement grants described in ORS 541.399
and 541.401 that are capital expenditures. - }
   { +  (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 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 or watersheds;
  (e) To pay the board costs of administering the Watershed
Conservation Operating Fund and 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   { - Improvement - }
 { +  Conservation + } Operating Fund shall be credited to the
Restoration and Protection Research Fund created under ORS
541.378. Funds appropriated and not expended by the completion of
a biennium shall remain in the Watershed   { - Improvement - }
 { +  Conservation + } Operating Fund.
    { - (3) The Oregon Watershed Enhancement Board created under
ORS 541.360 shall administer the Watershed Improvement Operating
Fund. - }
    { - (4) - }  { +  (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 purposes described in subsection
(1) of this section.
  SECTION 14. 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 2 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. - }
  SECTION 15. ORS 541.397 is amended to read:
  541.397. (1) The Watershed   { - Improvement - }  { +
Conservation + } Grant Fund is established separate and distinct
from the General Fund.  The Watershed   { - Improvement - }  { +
Conservation + } Grant Fund shall consist of all moneys placed in
the fund as provided by law. All moneys in the Watershed
 { - Improvement - }  { +  Conservation + } Grant Fund are
continuously appropriated { +  to the Oregon Watershed
Enhancement Board + } to fund watershed   { - improvement - }
 { +  conservation + } grants described in ORS   { - 541.399
and - }  541.401 { +  and section 2 of this 2011 Act + }.
Interest accruing to the Watershed   { - Improvement - }  { +
Conservation + } Grant Fund shall be credited to the Restoration
and Protection Research Fund created under ORS 541.378. Funds
appropriated and not expended by the completion of a biennium
shall remain in the Watershed   { - Improvement - }  { +
Conservation + } Grant Fund.
  (2) The Oregon Watershed Enhancement Board   { - created under
ORS 541.360 shall administer the Watershed Improvement Grant Fund
and - }  { +  shall + } provide grants from the fund for the
purposes described in ORS   { - 541.399 and - }  541.401  { + and
section 2 of this 2011 Act. + }   { - in the manner described
under ORS 541.399 and 541.401. - }
  (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 the grants described in
subsection (2) of this section.
  SECTION 16. 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 - }
 { +  section 2 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 { +  or qualified expert or individual + } in
accordance with ORS 541.370   { - (3) - } ; and
  (3) The project provides a public benefit through
 { + activities that support + } improved:
  (a) Water quality;
  (b)  { + Native + } fish or wildlife habitat; or
  (c)   { - Public information or education on a - }  Watershed
function.
  SECTION 17. 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 for activities under ORS
541.379 related to the restoration and protection of   { - native
salmonid populations, - }  watersheds,  { + native + } fish and
wildlife habitats and water quality, including but not limited to
activities under the Oregon Plan; 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.
  SECTION 18.  { + ORS 541.399 is repealed. + }
  SECTION 19.  { + (1) The amendments to ORS 541.377 by section
11 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 20.  { + (1) The amendments to ORS 541.379 by section
13 of this 2011 Act are intended to change the name of the '
Watershed Improvement Operating Fund' to the 'Watershed
Conservation Operating Fund. '
  (2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Watershed Improvement Operating Fund,' wherever they occur
in statutory law, other words designating the 'Watershed
Conservation Operating Fund.' + }
  SECTION 21.  { + (1) The amendments to ORS 541.397 by section
15 of this 2011 Act are intended to change the name of the '
Watershed Improvement Grant Fund' to the 'Watershed Conservation
Grant Fund. '
  (2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the 'Watershed Improvement Grant Fund,' wherever they occur in
statutory law, other words designating the 'Watershed
Conservation Grant Fund.' + }
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