Bill Text: OR SB411 | 2013 | Regular Session | Introduced

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Bill Title: Relating to conservation education.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB411 Detail]

Download: Oregon-2013-SB411-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2238

                         Senate Bill 411

Sponsored by Senator SHIELDS (Presession filed.)

                             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.

  Allows moneys in Watershed Conservation Operating Fund and
Watershed Conservation Grant Fund to be used for educating
elementary school students concerning protection and restoration
of native fish or wildlife habitats, watersheds or ecosystems.

                        A BILL FOR AN ACT
Relating to conservation education; amending ORS 541.932,
  541.945, 541.956 and 541.958.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 541.932 is amended to read:
  541.932. (1)(a) The following entities may submit a request for
funding for, or for advice and assistance in developing, a
project under ORS 541.890 to 541.969:
  (A) A person;
  (B) An Indian tribe;
  (C) A watershed council;
  (D) A soil and water conservation district;
   { +  (E) The Department of Education, acting on behalf of one
or more school districts; + }
    { - (E) - }  { +  (F) + } A community college;
    { - (F) - }  { +  (G) + } A public university listed in ORS
352.002;
    { - (G) - }  { +  (H) + } An independent not-for-profit
institution of higher education; or
    { - (H) - }  { +  (I) + } A political subdivision of this
state that is not a state agency.
  (b)  { + Except as provided in paragraph (a)(E) of this
subsection, + } 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 { +  that is not a
state agency + }.
  (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 establish a program through the
Department of Education that provides funds for participation by
elementary school students in specialized hands-on learning
programs that are integrated with local school curricula to
educate students concerning the protection and restoration of
native fish or wildlife habitats, watersheds or ecosystems. + }
    { - (4) - }  { +  (5) + } The board may fund implementation
of action plans based on a watershed assessment that addresses
water quality and aquatic resources of the watershed.
    { - (5) - }  { +  (6) + } 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) - }  { +  (7) + } 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) - }  { +  (8) + } If a project or a portion of a
project is not subject to the funding criteria described in ORS
541.958 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
541.906; 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) - }  { +  (9) + } 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) - }  { +  (10) + } 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, 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 { + , section 4b, + } of the Oregon Constitution.
    { - (10) - }  { +  (11) + } 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 2. ORS 541.945 is amended to read:
  541.945. (1) The Watershed Conservation Operating Fund is
established in the State Treasury separate and distinct from the
General Fund. The Watershed 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 ORS 541.942. Moneys in the Watershed
Conservation Operating Fund shall be used for each of the
following:
  (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 { + , elementary schools + } 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 { + , section
4c, + } of the Oregon Constitution.
  (2) Interest accruing to the Watershed Conservation Operating
Fund shall be credited to the fund. Watershed Conservation
Operating Fund moneys appropriated and not expended by the
completion of a biennium shall remain in the Watershed
Conservation Operating Fund.
  (3) Any public or private source may make gifts or grants to
the Watershed Conservation Operating Fund.
  SECTION 3. ORS 541.956 is amended to read:
  541.956. The purpose of the Watershed Conservation Grant Fund
is to provide funding for grants to achieve the purposes and uses
described in ORS 541.942 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.
   { +  (5) Participation by elementary school students in
specialized hands-on learning programs that are integrated with
local school curricula to educate students concerning the
protection and restoration of native fish or wildlife habitats,
watersheds or ecosystems. + }
  SECTION 4. ORS 541.958 is amended to read:

  541.958. The Oregon Watershed Enhancement Board may award funds
from the Watershed Conservation Grant Fund only for activities
described in ORS 541.956. 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 541.926;
and
  (3) The project provides a public benefit by supporting
improved:
  (a) Water quality;
  (b) Native fish or wildlife habitat;   { - or - }
  (c) Watershed or ecosystem function  { - . - }  { + ;
  (d) Elementary school student education concerning the
protection and restoration of native fish or wildlife habitats,
watersheds or ecosystems. + }
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