Bill Text: OR SB342 | 2011 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the use of Parks and Natural Resources Fund moneys; appropriating money; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-08-01 - Effective date, July 21, 2011. [SB342 Detail]
Download: Oregon-2011-SB342-Amended.html
Bill Title: Relating to the use of Parks and Natural Resources Fund moneys; appropriating money; and declaring an emergency.
Sponsorship: Unknown
Status: (Passed) 2011-08-01 - Effective date, July 21, 2011. [SB342 Detail]
Download: Oregon-2011-SB342-Amended.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
SA to SB 342
LC 2001/SB 342-4
SENATE AMENDMENTS TO
SENATE BILL 342
By COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES
April 15
On page 1 of the printed bill, line 3, after 'ORS' insert '
390.134, 390.180,'.
In line 4, delete the second 'and' and after 'money ' insert ';
and declaring an emergency'.
Delete lines 6 through 24 and delete pages 2 through 12 and
insert:
'
{ + 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.
' (4) Parks Subaccount moneys in the State Parks and Recreation
Department Fund that are deposited into the Local Government
Grants Subaccount established in ORS 390.134 shall be used only
to carry out the purposes and achievements described in
subsections (2) and (3) of this section 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.
' (5) Moneys in the Local Government Grants Subaccount 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. + }
'
{ + STATE PARKS AND RECREATION DEPARTMENT FUND; + }
{ +
LOCAL GOVERNMENT GRANTS SUBACCOUNT + }
' { + 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) Moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount of the Parks
and Natural Resources Fund may be used only for the purposes
described in section 3 of this 2011 Act.
' (9)(a) There is established in the State Parks and Recreation
Department Fund a Local Government Grants Subaccount consisting
of moneys deposited as provided in this subsection. Moneys
deposited into the Local Government Grants Subaccount shall be
used only for the purposes described in section 3 (4) of this
2011 Act.
' (b) Except as provided in paragraphs (c) and (d) of this
subsection, of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount, 12 percent
shall be deposited into the Local Government Grants Subaccount.
' (c) Except as provided in paragraph (d) of this subsection,
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, of the amount transferred during the next
biennium the State Treasurer shall deposit into the Local
Government Grants Subaccount the amount described in paragraph
(b) of this subsection plus an amount equal to the difference
between the amount deposited to the Local Government Grants
Subaccount 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.
' (d) The requirements in paragraphs (b) and (c) of this
subsection 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 deposited into the Local
Government Grants Subaccount. 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 into the Local Government Grants Subaccount in
a biennium to be less than the percentage required to be
deposited under paragraphs (b) and (c) of this subsection. + }
' { - (8) - } { + (10) + } 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.
' { + (11) 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) Moneys transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount of the Parks
and Natural Resources Fund may be used only for the purposes
described in section 3 of this 2011 Act.
' (9)(a) There is established in the State Parks and Recreation
Department Fund a Local Government Grants Subaccount consisting
of moneys deposited as provided in this subsection. Moneys
deposited into the Local Government Grants Subaccount shall be
used only for the purposes described in section 3 (4) of this
2011 Act.
' (b) Except as provided in paragraphs (c) and (d) of this
subsection, of the amount transferred to the State Parks and
Recreation Department Fund from the Parks Subaccount, 12 percent
shall be deposited into the Local Government Grants Subaccount.
' (c) Except as provided in paragraph (d) of this subsection,
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, of the amount transferred during the next
biennium the State Treasurer shall deposit into the Local
Government Grants Subaccount the amount described in paragraph
(b) of this subsection plus an amount equal to the difference
between the amount deposited to the Local Government Grants
Subaccount 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.
' (d) The requirements in paragraphs (b) and (c) of this
subsection 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 deposited into the Local
Government Grants Subaccount. 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 into the Local Government Grants Subaccount in
a biennium to be less than the percentage required to be
deposited under paragraphs (b) and (c) of this subsection. + }
' { - (8) - } { + (10) + } 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.
' { + (11) 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.
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.
' (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 ORS
541.397 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 ORS
541.379.
' (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. + } 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 for grants + } to fund { - watershed
improvement grants - } { + projects + } described in ORS
{ - 541.399 and - } 541.401 { + that use grant moneys as
provided under section 13 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 - } { +
Watershed Conservation Grant Fund moneys + } 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 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. - }
' { - (3) - } { + (2) + } { - 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 12. + } { + Section 13 of this 2011 Act is
added to and made a part of ORS 541.351 to 541.415. + }
' { + 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. + } 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. { + The purpose of the fund is to carry out activities
that support all of the purposes described in section 9 of this
2011 Act. + } { - All - } Moneys in the Watershed
{ - Improvement - } { + Conservation + } Operating Fund
{ - are continuously appropriated for - } { + shall be used
for each of + } 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 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 { - Improvement - }
{ + Conservation + } Operating Fund shall be credited to the
Restoration and Protection Research Fund created under ORS
541.378. { - Funds - } { + Watershed Conservation Operating
Fund moneys + } 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 - } { + 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 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 ORS 541.379, 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 ORS 541.379; 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 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.
'
{ + RESTORATION AND PROTECTION RESEARCH FUND + }
' { + SECTION 20. + } 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
{ + 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
research, monitoring, evaluation and assessment related to the
Oregon Plan. - } { + watersheds, ecosystem functions, native
fish and wildlife, habitat and water quality, including but not
limited to:
' (a) Research, monitoring, evaluation, assessment, and other
activities under the Oregon Plan, the Oregon Conservation
Strategy and the watershed health and native fish recovery
programs of this state; and
' (b) Activities that achieve measurable goals under priorities
adopted by the board. + }
' (2) All moneys received { - by the Oregon Watershed
Enhancement Board - } from interest earned on the
{ - Restoration and Protection Subaccount of the Parks and
Natural Resources Fund created under ORS 541.377 - } { +
Natural Resources Subaccount created under section 9 of this 2011
Act + }, 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.
'
{ + OREGON WATERSHED ENHANCEMENT BOARD + }
' { + SECTION 21. + } 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 541.401 and
section 13 of this 2011 Act + } and resubmit the proposal.
' { + SECTION 22. + } 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, 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 23. + } 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 24. + } 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 25. + } 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. - }
' { + SECTION 26. + } { + The Oregon Watershed Enhancement
Board shall review board rules that pertain to the issuing of
grants from the Watershed Conservation Grant Fund and shall take
actions the board considers necessary to improve the efficiency
and effectiveness of the grant process and grant results. Efforts
to improve efficiency and effectiveness must include, at a
minimum, efforts to improve grant program transparency, adopt
objective review criteria that are linked to priorities, reduce
administrative burdens and create new incentives for expanded
partnerships and leveraging moneys. The board shall report to
the Seventy-sixth Legislative Assembly as provided under ORS
192.230 to 192.250 regarding the board's progress in carrying out
this section. The board shall make the report no later than
February 1, 2012. + }
' { + SECTION 27. + } { + Section 26 of this 2011 Act is
repealed on January 2, 2014. + }
'
{ + MISCELLANEOUS PROVISIONS + }
' { + SECTION 28. + } { + (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 29. + } { + (1) The amendments to ORS 541.379
by section 16 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 30. + } { + (1) The amendments to ORS 541.397
by section 11 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.' + }
'
{ + 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. + } ' .
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