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

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.

Sponsorship: Unknown

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

Download: Oregon-2011-SB342-Engrossed.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

HA to RC to B-Eng. SB 342

LC 2001/SB 342-B12

            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                   B-ENGROSSED SENATE BILL 342

              By JOINT COMMITTEE ON WAYS AND MEANS

                             June 27

  On page 1 of the printed B-engrossed bill, line 5, after '
541.399' insert 'and section 276, chapter ___, Oregon Laws 2011
(Enrolled Senate Bill 242)'.
  On page 19, after line 27, insert:
  '  { +  SECTION 30a. + }  { + If Senate Bill 242 becomes law,
section 276, chapter ___, Oregon Laws 2011 (Enrolled Senate Bill
242) (amending ORS 541.375), is repealed and ORS 541.375, as
amended by section 22 of this 2011 Act, is amended to read: + }
  ' 541.375. (1)(a) The following entities may submit a request
for funding for, or for advice and assistance in developing, a
project under ORS 541.351 to 541.415:
  ' (A) A person;
  ' (B) An Indian tribe;
  ' (C) A watershed council;
  ' (D) A soil and water conservation district;
  ' (E) A community college;
  ' (F) A   { - state institution of higher education - }  { +
public university listed in ORS 352.002 + };
  ' (G) An independent not-for-profit institution of higher
education; or
  ' (H) A political subdivision of this state that is not a state
agency.
  ' (b) A state agency or federal agency may apply for funding
under this section only as a coapplicant with an entity described
in paragraph (a) of this subsection.
  ' (2) The request under subsection (1) of this section shall be
filed in the manner, be in the form and contain the information
required by the Oregon Watershed Enhancement Board, regardless of
the anticipated funding source for the project.
  ' (3) The board may establish a grant program through soil and
water conservation districts organized under ORS 568.210 to
568.808 and 568.900 to 568.933 that provides funds for local
implementation of watershed enhancement, education and monitoring
efforts.
  ' (4) The board may fund implementation of action plans based
on a watershed assessment that addresses water quality and
aquatic resources of the watershed.
  ' (5) A project may use mechanical, vegetative or structural
methods including, but not limited to, management techniques,
erosion control, streambank stabilization, forest, range or crop
land treatment, site specific in-stream structures, acquisitions
or leases of land or water rights from a willing owner, watershed
assessments, landowner incentives and action plan development,
implementation and monitoring.
  ' (6) The actions of a soil and water conservation district
carried out pursuant to a grant program established by the board
under subsection (3) of this section shall not be subject to
review and approval by the Natural Resources Division under ORS
561.400.

  ' (7) If a project or a portion of a project is not subject to
the funding criteria described in ORS 541.401 and applies to
receive funding from the board, the board may approve the project
or portion of a project for funding only if the project or
portion of a project:
  ' (a) Is based on sound principles of native fish or wildlife
habitat conservation or watershed management;
  ' (b) Uses methods most adapted to the project locale;
  ' (c) Meets the criteria established by the board under ORS
541.396; and
  ' (d) Contributes to either:
  ' (A) The improved health of a stream, lake or reservoir and
toward the achievement of standards that satisfy the requirements
of the Federal Water Pollution Control Act (P.L. 92-500), as
amended; or
  ' (B) The conservation or restoration of habitat for, or of
watershed or ecosystem function for, native fish or wildlife.
  ' (8) The Oregon Watershed Enhancement Board may fund a project
for the restoration of a riparian area or associated upland that
is carried out in conjunction with a storage structure. However,
the board shall not approve funding for any proposed project that
consists solely of construction of a storage structure for
out-of-stream use.
  ' (9) The Oregon Watershed Enhancement Board may fund projects
involving the acquisition of lands and waters, or interests
therein from willing sellers, for the purpose of maintaining or
restoring watersheds and habitat for native fish or wildlife.
Interests in these lands and waters may be held by local, state
and federal agencies, tribes, not-for-profit land conservation
organizations and trusts,   { - state institutions of higher
education - }  { +  public universities listed in ORS
352.002 + }, independent not-for-profit institutions of higher
education or political subdivisions of this state, as long as the
entity continues to use the land or water for the purposes
specified under section 4b, Article XV of the Oregon
Constitution.
  ' (10) If the Oregon Watershed Enhancement Board approves
funding for a project under this section, the board may not
disburse funds to the applicant for any part of the project that
requires the applicant to obtain a permit or license from a
local, state or federal agency or governing body until the
applicant presents evidence that the agency has granted the
permit or license.
  '  { +  SECTION 30b. + }  { + The amendments to ORS 541.375 by
section 30a of this 2011 Act become operative on January 1,
2012. + } ' .
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