76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 58
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 Governor John A. Kitzhaber
for Department of State Lands)
CHAPTER ................
AN ACT
Relating to the Oregon Natural Areas Plan; creating new
provisions; amending ORS 273.563, 273.566, 273.576, 273.578,
273.581, 273.586, 273.591, 308A.706, 352.239, 390.124, 496.176,
527.710 and 564.110; repealing ORS 273.571; and limiting
expenditures.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Natural Heritage Advisory Council is
abolished. On the effective date of this 2011 Act, the tenure of
office of the members of the Natural Heritage Advisory Council
ceases.
(2) The duties, functions and powers of the Natural Heritage
Advisory Council are imposed upon, transferred to and vested in
the State Parks and Recreation Department.
(3) The duties, functions and powers of the State Land Board
relating to the Oregon Natural Areas Plan and the Natural Areas
Program are imposed upon, transferred to and vested in the State
Parks and Recreation Commission and the State Parks and
Recreation Department as provided in the amendments to ORS
273.563, 273.566, 273.576, 273.578, 273.581, 273.586, 273.591,
390.124 and 527.710 by sections 10 to 16, 19 and 21 of this 2011
Act and the repeal of ORS 273.571 by section 23 of this 2011
Act. + }
SECTION 2. { + (1) The Natural Heritage Advisory Council shall
deliver to the State Parks and Recreation Department all records
and property within the jurisdiction of the Natural Heritage
Advisory Council that relate to the duties, functions and powers
transferred by section 1 of this 2011 Act.
(2) The State Parks and Recreation Director shall take
possession of the records and property within the jurisdiction of
the Natural Heritage Advisory Council that relate to the duties,
functions and powers transferred by section 1 of this 2011 Act.
(3)(a) The State Land Board shall deliver to the State Parks
and Recreation Commission all records and property within the
jurisdiction of the State Land Board that relate to the duties,
functions and powers transferred to the commission by section 1
of this 2011 Act.
(b) The State Land Board shall deliver to the State Parks and
Recreation Department all records and property within the
Enrolled Senate Bill 58 (SB 58-A) Page 1
jurisdiction of the State Land Board that relate to the duties,
functions and powers transferred to the department by section 1
of this 2011 Act.
(4)(a) The chairperson of the State Parks and Recreation
Commission shall take possession of the records and property
within the jurisdiction of the State Land Board that relate to
the duties, functions and powers transferred to the commission by
section 1 of this 2011 Act.
(b) The State Parks and Recreation Director shall take
possession of the records and property within the jurisdiction of
the State Land Board that relate to the duties, functions and
powers transferred to the department by section 1 of this 2011
Act.
(5)(a) The Governor shall resolve any dispute between the
Natural Heritage Advisory Council and the State Parks and
Recreation Department relating to transfers of records and
property under this section, and the Governor's decision is
final.
(b) The Governor shall resolve any dispute between the State
Land Board and the State Parks and Recreation Commission or the
State Parks and Recreation Department relating to transfers of
records and property under this section, and the Governor's
decision is final. + }
SECTION 3. { + (1)(a) The unexpended balances of amounts
authorized to be expended by the State Land Board for the
biennium beginning July 1, 2011, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred to the State Parks and
Recreation Commission by section 1 of this 2011 Act are
appropriated and transferred to and are available for expenditure
by the State Parks and Recreation Commission for the biennium
beginning July 1, 2011, for the purpose of administering and
enforcing the duties, functions and powers transferred to the
commission by section 1 of this 2011 Act.
(b) The unexpended balances of amounts authorized to be
expended by the State Land Board for the biennium beginning July
1, 2011, from revenues dedicated, continuously appropriated,
appropriated or otherwise made available for the purpose of
administering and enforcing the duties, functions and powers
transferred to the State Parks and Recreation Department by
section 1 of this 2011 Act are appropriated and transferred to
and are available for expenditure by the State Parks and
Recreation Department for the biennium beginning July 1, 2011,
for the purpose of administering and enforcing the duties,
functions and powers transferred to the department by section 1
of this 2011 Act.
(2) The unexpended balances of amounts authorized to be
expended by the Natural Heritage Advisory Council for the
biennium beginning July 1, 2011, from revenues dedicated,
continuously appropriated, appropriated or otherwise made
available for the purpose of administering and enforcing the
duties, functions and powers transferred to the State Parks and
Recreation Department by section 1 of this 2011 Act are
appropriated and transferred to and are available for expenditure
by the State Parks and Recreation Department for the biennium
beginning July 1, 2011, for the purpose of administering and
enforcing the duties, functions and powers transferred to the
department by section 1 of this 2011 Act.
Enrolled Senate Bill 58 (SB 58-A) Page 2
(3) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the State Land Board
remain applicable to expenditures by the State Parks and
Recreation Commission and the State Parks and Recreation
Department under this section.
(4) The expenditure classifications, if any, established by
Acts authorizing or limiting expenditures by the Natural Heritage
Advisory Council remain applicable to expenditures by the State
Parks and Recreation Department under this section. + }
SECTION 4. { + The transfer of duties, functions and powers to
the State Parks and Recreation Commission and the State Parks and
Recreation Department by section 1 of this 2011 Act does not
affect any action, proceeding or prosecution involving or with
respect to such duties, functions and powers begun before and
pending at the time of the transfer, except that the State Parks
and Recreation Commission or the State Parks and Recreation
Department, as appropriate, is substituted for the State Land
Board or the Natural Heritage Advisory Council in the action,
proceeding or prosecution. + }
SECTION 5. { + (1) Nothing in sections 1 to 7 of this 2011 Act
relieves a person of a liability, duty or obligation accruing
under or with respect to the duties, functions and powers
transferred by section 1 of this 2011 Act. The State Parks and
Recreation Department or the State Parks and Recreation
Commission may undertake the collection or enforcement of any
such liability, duty or obligation.
(2) The rights and obligations of the State Land Board or the
Natural Heritage Advisory Council legally incurred under
contracts, leases and business transactions executed, entered
into or begun before the effective date of this 2011 Act accruing
under or with respect to the duties, functions and powers
transferred by section 1 of this 2011 Act are transferred to the
State Parks and Recreation Department or the State Parks and
Recreation Commission. For the purpose of succession to these
rights and obligations, the State Parks and Recreation Department
is a continuation of the Natural Heritage Advisory Council and
not a new authority. + }
SECTION 6. { + Notwithstanding the transfer of duties,
functions and powers by section 1 of this 2011 Act, the rules of
the State Land Board with respect to such duties, functions or
powers that are in effect on the effective date of section 1 of
this 2011 Act continue in effect until superseded or repealed by
rules of the State Parks and Recreation Commission. References in
such rules of the State Land Board to the State Land Board or an
officer or employee of the State Land Board are considered to be
references to the State Parks and Recreation Commission or an
officer or employee of the State Parks and Recreation
Commission. + }
SECTION 7. { + (1) Whenever, in any uncodified law or
resolution of the Legislative Assembly or in any rule, document,
record or proceeding authorized by the Legislative Assembly, in
the context of the duties, functions and powers transferred to
the State Parks and Recreation Department by section 1 of this
2011 Act, reference is made to the Natural Heritage Advisory
Council, or to an officer or employee of the Natural Heritage
Advisory Council, whose duties, functions or powers are
transferred to the State Parks and Recreation Department by
section 1 of this 2011 Act, the reference is considered to be a
reference to the State Parks and Recreation Department or an
officer or employee of the State Parks and Recreation Department
Enrolled Senate Bill 58 (SB 58-A) Page 3
who by this 2011 Act is charged with carrying out such duties,
functions and powers.
(2) Whenever, in any uncodified law or resolution of the
Legislative Assembly or in any rule, document, record or
proceeding authorized by the Legislative Assembly, in the context
of the duties, functions and powers transferred to the State
Parks and Recreation Commission by section 1 of this 2011 Act,
reference is made to the State Land Board, or to an officer or
employee of the State Land Board, whose duties, functions or
powers are transferred to the State Parks and Recreation
Commission by section 1 of this 2011 Act, the reference is
considered to be a reference to the State Parks and Recreation
Commission or an officer or employee of the State Parks and
Recreation Commission who by this 2011 Act is charged with
carrying out such duties, functions and powers. + }
SECTION 8. { + Section 9 of this 2011 Act is added to and made
a part of ORS 273.563 to 273.591. + }
SECTION 9. { + (1) To aid and advise the State Parks and
Recreation Director in the performance of the functions related
to the Natural Areas Program, the director may establish a
natural areas advisory committee.
(2) The advisory committee may assist the State Parks and
Recreation Department:
(a) In the development of policy for the Natural Areas Program
through the review and approval of the Oregon Natural Areas Plan;
(b) By reviewing nominations for registration and the voluntary
dedication of natural areas, and instruments of dedication for
such areas;
(c) In providing recommendations to the State Parks and
Recreation Commission, State Land Board, State Board of Forestry,
State Fish and Wildlife Commission, State Board of Higher
Education and Oregon Transportation Commission regarding areas
under their respective jurisdictions that are appropriate for
dedication; and
(d) In advising the State Parks and Recreation Commission in
the adoption of rules that may be considered necessary in
carrying out ORS 273.563 to 273.591.
(3) Members of the advisory committee are not entitled to
compensation, but in the discretion of the director may be
reimbursed from funds available to the department for actual and
necessary travel and other expenses incurred by them in the
performance of their official duties in the manner and amount
provided in ORS 292.495. + }
SECTION 10. ORS 273.563 is amended to read:
273.563. As used in ORS 273.563 to 273.591, unless the context
requires otherwise:
(1) 'Agency' means a local, state or federal agency, board,
commission or department.
{ - (2) 'Board' means the State Land Board. - }
{ - (3) - } { + (2) + } 'Candidate natural area' means a
natural resource area that may be considered for registration or
dedication.
{ - (4) - } { + (3) + } 'Commodity' means timber, minerals,
livestock, agricultural products or any other product of the land
which is an important economic resource.
{ - (5) 'Council' means the Natural Heritage Advisory Council
established in ORS 273.571. - }
{ - (6) - } { + (4) + } 'Data bank' means the Natural Areas
Program
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{ - element - } inventory of { - element - } { + natural
heritage resources + } classification, data analysis, priority
setting, owner and other data maintained by the Institute for
Natural Resources under ORS 352.239.
{ - (7) - } { + (5) + } 'Dedicate' means the formal
recognition and protection of a natural area for conservation
purposes.
{ - (8) 'Elements' means both the natural heritage resources
and the special species. - }
{ - (9) - } { + (6) + } 'Instrument' means any written
document intended to convey an interest in real property under
ORS 93.710, or an agreement between parties according to the
Natural Areas Program or the Oregon Natural Areas Plan.
{ - (10) - } { + (7) + } 'Natural area' means a unit of
land or water or both that may be considered for dedication under
ORS 273.563 to 273.591 and that has substantially retained its
natural character, or, if altered in character, shall in addition
to its natural heritage resource values, be valuable as habitat
for plant and animal species or for the study and appreciation of
the natural features.
{ - (11) - } { + (8) + } 'Natural heritage resources' means
the terrestrial ecosystem types, aquatic ecosystem types and
unique geologic types as defined in the Oregon Natural Areas Plan
or a unit of land or water that contains a natural resource.
{ - (12) - } { + (9) + } 'Plan' means the Oregon Natural
Areas Plan established under ORS { - 273.576 - }
{ + 273.578 + }, which governs the Natural Areas Program in
selecting { + natural + } areas for conservation.
{ - (13) - } { + (10) + } 'Program' means the Natural Areas
Program as established in ORS 273.566.
{ - (14) - } { + (11) + } 'Register' means the Oregon
Register of Natural
{ - Heritage - } Areas established under ORS 273.581.
{ - (15) - } { + (12) + } 'Special species' means those
species of plants and animals determined by the { - council - }
{ + State Parks and Recreation Department + } to be significant
in value in a state natural area and defined in the Oregon
Natural Areas Plan.
{ - (16) - } { + (13) + } 'State natural area' means an
area that an individual, organization or public agency dedicates
as a state natural area under ORS 273.586.
SECTION 11. ORS 273.566 is amended to read:
273.566. (1) The Legislative Assembly finds that many valuable
natural heritage { - elements - } { + resources + } are
represented in natural areas that can be protected through the
voluntary cooperation of private landowners and public land
managers. These areas will comprise a discrete and limited system
of natural areas that are selected to represent the full range of
Oregon's natural heritage resources. These areas shall have
substantially retained their natural character, or, if altered in
character, shall in addition to their natural heritage resource
values be valuable as habitat for plant and animal species or for
the study and appreciation of the natural features. As such they
will be living museums for scientific research, educational
purposes and nature interpretation.
(2) The Legislative Assembly also finds that it is necessary to
establish a process and means for public and private sector
cooperation in the development of this system of
{ - conservation - } { + state natural + } areas. Private
landowners and public land managers should be encouraged to
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voluntarily participate in the program through conservation
activities that benefit all Oregonians.
(3) In order to { - assure - } { + ensure + } that
{ - conservation - } activities { + related to natural heritage
resources + } cause the minimum of conflict with other resource
uses and that they are cost effective, the Legislative Assembly
finds that the { - Natural Heritage Advisory Council - }
{ + State Parks and Recreation Department + } should provide a
specific framework for { - conservation - } decision making
{ + related to natural heritage resources + } through a
classification and planning process known as the Natural Areas
Program. Future state natural areas should avoid unnecessary
duplication of already protected natural heritage
{ - elements - } { + resources + }. Each { - conservation - }
decision should address alternative methods of accomplishing the
same purpose and should consider cost effectiveness.
(4) The Legislative Assembly recognizes that there is a need
for systematic, accessible information concerning the locations
of the resources of Oregon's natural areas, including special
plant and animal species, native terrestrial ecosystems, aquatic
ecosystems { - , - } and geologic features, and especially
including the { + natural + } areas already protected that
contain these { - elements - } { + resources + }.
SECTION 12. ORS 273.576 is amended to read:
273.576. (1)(a) { - The State Land Board, with the assistance
of the Natural Heritage Advisory Council, shall maintain a
natural heritage office to - } { + The State Parks and
Recreation Department shall + } provide assistance in the
selection and nomination of { + natural + } areas containing
natural heritage { - elements - } { + resources + } for
registration or dedication.
(b) The Oregon Natural Areas Plan established by ORS 273.578
shall govern the Natural Areas Program in the conduct of
activities to create and manage a system of state natural areas
that are complementary to and consistent with the research
natural area program on federal lands in Oregon. This plan lists
the natural heritage { - elements - } { + resources + } that
should be represented on the Oregon Register of Natural
{ - Heritage - } Areas and in state natural areas and provides
criteria for the selection and approval of candidate natural
areas for registration and dedication under ORS 273.563 to
273.591. In selecting state natural areas, the { + department
shall give primary consideration to + } inclusion of natural
heritage resources, and especially those { - which - }
{ + natural heritage resources that + } are not adequately
protected elsewhere { - , shall be given primary
consideration - } . Inclusion and protection of special species
shall be an important additional consideration in selecting state
natural areas, and wherever possible, individual species shall be
protected in association with natural heritage resources or in
assemblages of those species determined by the
{ - council - } { + department + } to have special
significance.
(2) The { - board - } { + department + } may advise owners
of state natural areas concerning the management and use of such
areas and may make available to state, federal and local agencies
that manage lands within Oregon, information concerning the
conservation of natural heritage { - elements - }
{ + resources + }.
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(3) The { - board - } { + department + }may apply for and
accept grants, contributions and assistance from any federal,
state or local government agency and any foundation, individual
or organization for the purpose of carrying out the provisions of
ORS 273.563 to 273.591.
SECTION 13. ORS 273.578 is amended to read:
273.578. (1) The Sixty-first Legislative Assembly approves the
Oregon Natural Areas Plan submitted under ORS 273.576.
(2) The { - State Land Board - } { + State Parks and
Recreation Commission + } may review and approve or disapprove
any modification to the { + Oregon Natural Areas + } Plan
submitted by the { - Natural Heritage Advisory Council - }
{ + State Parks and Recreation Department + }.
SECTION 14. ORS 273.581 is amended to read:
273.581. (1) The { - Natural Heritage Advisory Council - }
{ + State Parks and Recreation Department + } shall maintain a
state register of { + natural + } areas containing significant
natural heritage { - elements - } { + resources + } to be
called the Oregon Register of Natural { - Heritage - } Areas.
(2) The { - council - } { + department + } shall from time
to time identify { + natural + } areas from the natural
heritage data bank that qualify for registration. Priority shall
be based on the Oregon Natural Areas Plan and shall generally be
given to those { - elements - } { + resources + } that are
rarest, most threatened or underrepresented in the conservation
system on a statewide basis. State natural areas shall not
unnecessarily duplicate resources or special species already
adequately protected by other methods of land protection.
Whenever feasible, { + natural + } areas that qualify for
registration shall be located on lands that have been allocated
primarily to special noncommodity uses.
(3) The { - council - } { + department + } shall review
each registration proposal, including the landowner's written
permission for registration if the { + natural + } area is
located on privately owned land.
(4) After review { + and recommendation + } by the
{ - council, the State Land Board - } { + department, the
State Parks and Recreation Commission + } may place
{ - sites - } { + natural areas + } onto the register or
remove { - sites - } { + natural areas + } from the register.
(5) A voluntary management agreement may be developed between
the { - board - } { + department + } and the owners of the
{ - sites - } { + natural areas + } on the register.
SECTION 15. ORS 273.586 is amended to read:
273.586. (1) A private individual or organization that is the
owner of any registered natural area may voluntarily agree to
dedicate that area as a state natural area by executing with the
{ - State Land Board - } { + State Parks and Recreation
Department + } an instrument of dedication. The instrument of
dedication shall be effective upon its recording in the real
property records of the office of the clerk of the county in
which any or all of the state natural area is located.
(2) Any public agency may dedicate lands under the provisions
of ORS 273.563 to 273.591 following the providing of opportunity
for adequate public notice and hearing by the agency. The Oregon
Transportation Commission, the State Fish and Wildlife
Commission, the State Board of Forestry, the State Board of
Higher Education, the State Parks and Recreation Commission and
the State Land Board shall, with the advice and assistance of the
{ - Natural Heritage Advisory Council - } { + department + },
Enrolled Senate Bill 58 (SB 58-A) Page 7
establish procedures for the dedication of state natural areas on
land, the title of which is held by the State of Oregon, and
which is under that agency's management and control.
(3) The instrument of dedication shall contain any information
or provisions as the private owner, organization or agency and
{ - council - } { + department + } consider necessary to
complete the dedication.
(4) Dedication of a state natural area may be terminated as
follows:
(a) The dedication of a state natural area by a public agency
may be terminated following the providing of opportunity for
adequate public notice and hearing and a finding by that agency
of an imperative and unavoidable necessity, or a finding by that
agency, with the approval of the { - council - }
{ + department + }, that the state natural area is no longer
needed according to the guidelines of the Oregon Natural Areas
Plan.
(b) The dedication of a state natural area by a private
individual or organization may be terminated by the private
individual or organization after the { - council - }
{ + department + } is assured that there has been compliance
with the procedures required by the terms of the dedication
instrument.
(c) The dedication of a state natural area may be terminated by
the { - board - } { + State Parks and Recreation
Commission + } upon the advice of the { - council - }
{ + department + } if the area is no longer needed according to
the guidelines of the plan, or has permanently lost its natural
character.
SECTION 16. ORS 273.591 is amended to read:
273.591. The Natural Areas Program Account is established
within the General Fund of the State Treasury. All moneys
received by the { - State Land Board - } { + State Parks and
Recreation Department + } for the purposes of ORS 273.563 to
273.591 shall be paid into the State Treasury and credited to the
account. All moneys in the account are continuously appropriated
for the use of the { - board - } { + department + }in
carrying out the provisions of ORS 273.563 to 273.591.
SECTION 17. ORS 308A.706 is amended to read:
308A.706. (1) Notwithstanding that land is disqualified from
special assessment, the additional taxes described under ORS
308A.703 may not be imposed and shall remain a potential tax
liability if, as of the date the disqualification is taken into
account on the assessment and tax roll, the land is any of the
following:
(a) Disqualified exclusive farm use zone farmland or
nonexclusive farm use zone farmland that:
(A) Is not being used as farmland; and
(B) Is not being used for industrial, commercial, residential
or other use that is incompatible with a purpose to return the
land to farm use.
(b) Acquired by a governmental agency or body as a result of an
exchange of the land for land of approximately equal value held
by the governmental agency or body.
(c) Acquired and used for natural heritage purposes and all of
the following additional requirements are met:
(A) The land is registered under ORS 273.581 as a state natural
area;
(B) The land is acquired by a private nonprofit corporation;
Enrolled Senate Bill 58 (SB 58-A) Page 8
(C) The land is retained by the corporation, or transferred to
the state by the corporation, for the purpose of educational,
scientific and passive recreational use consistent with
conservation of the ecological values and natural heritage
{ - elements - } { + resources + } of the area;
(D) If the land is retained by the corporation, it remains open
to the public without charge for the uses described in
subparagraph (C) of this paragraph; and
(E) The land is managed pursuant to a voluntary management
agreement under ORS 273.581 (5).
(d) Qualified for special assessment under:
(A) ORS 308A.062, relating to farm use special assessment of
land in an exclusive farm use zone;
(B) ORS 308A.068, relating to farm use special assessment of
nonexclusive farm use zone farmland;
(C) ORS 321.358, relating to classification as designated
forestland in western Oregon;
(D) ORS 321.839, relating to classification as designated
forestland in eastern Oregon;
(E) ORS 321.709, relating to qualification as small tract
forestland;
(F) ORS 308A.424, relating to wildlife habitat special
assessment; or
(G) ORS 308A.456, relating to conservation easement special
assessment.
(e) Disqualified nonexclusive farm use zone farmland, to the
extent the additional taxes are deferred or abated as provided in
ORS 308A.119.
(2) This section does not apply to the additional taxes imposed
under ORS 308A.703 (4)(a) for the number of years during which
farm use special assessment was granted pursuant to a remediation
plan as defined in ORS 308A.053.
(3) In any case where the additional tax is deferred under the
provisions of this section but may subsequently be imposed under
ORS 308A.712, the county assessor shall continue to enter the
notation 'potential additional tax liability' on the assessment
and tax roll.
SECTION 18. ORS 352.239 is amended to read:
352.239. (1) There is created within the Oregon University
System the Institute for Natural Resources. The Institute for
Natural Resources shall be administered by Oregon State
University and other institutions in the Oregon University
System.
(2) The Institute for Natural Resources shall serve the
following purposes:
(a) Serve as a clearinghouse for scientifically based natural
resources information.
(b) Provide scientifically based natural resources information
to the public in integrated and accessible formats.
(c) Coordinate efforts with other state agencies and bodies to
provide natural resources information to the public in a
comprehensive manner.
(d) Facilitate and conduct research.
(e) Provide information and technical tools to assist
decision-making on natural resources issues.
(f) Assist the { - State Land Board - } { + State Parks and
Recreation Commission + } in carrying out the Natural Areas
Program by maintaining a data bank that contains a classification
of natural heritage { - elements - } { + resources + } and an
inventory of the locations of the { - elements - }
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{ + resources + }. At a minimum, the institute shall record in
the data bank the location of state natural areas, the natural
heritage { - elements - } { + resources + } in those areas,
sites that are inhabited by rare species, and lists that rank by
rarity species, plant communities and ecosystem types. The
institute shall make the information included in the data bank
available to private landowners, researchers and local, state and
federal agencies.
{ + (g) Assist the State Parks and Recreation Department in
carrying out the Natural Areas Program by reviewing and providing
recommendations on proposals for registration and dedication of
natural areas. + }
(3) When making observations on private land, an employee of an
institution in the Oregon University System who is compiling
information for the Natural Areas Program pursuant to subsection
(2)(f) of this section must obtain permission from the landowner
before entering the information into the data bank.
(4) Using existing resources, state agencies designated by the
Governor shall enter into a memorandum of understanding, or other
agreement deemed appropriate by the Governor, with the institute
that defines and clarifies the roles and responsibilities of the
agencies in order to prevent duplication of effort and to ensure
that agency resources are used efficiently.
(5) State agencies may contract with the institute to fulfill
agency needs regarding the collection, storage, integration,
analysis, dissemination and monitoring of natural resources
information and natural resources research and training.
SECTION 19. ORS 390.124 is amended to read:
390.124. (1) In accordance with any applicable provision of ORS
chapter 183, the State Parks and Recreation Commission may adopt
rules necessary to carry out the duties, functions and powers
imposed by law upon the commission and the State Parks and
Recreation Department. Rules adopted pursuant to this section
shall be duly entered in the minutes and records of the
commission.
(2) The commission may adopt rules that assess reasonable
charges, including fee reductions, waivers and exemptions, for
the use of areas established and maintained by the department.
However, the commission shall authorize the use of any state
park, individual campsite or day use fee area without charge:
(a) Upon the showing of proper identification, by a person
maintaining a foster home, as defined by ORS 418.625, and the
person's children, when accompanied by a foster child residing in
the home.
(b) Upon the showing of proper identification, by a person
maintaining a developmental disability child foster home, as
defined by ORS 443.830, and the person's children, when
accompanied by a foster child residing in the home.
(c) If a deed to, lease of or contract to use the property used
as a state park, campsite or day use fee area prohibits the
charging of fees for use of the property.
(d) Upon the showing of proper identification, by either a
disabled veteran or a person on leave from military active duty
status on Memorial Day, Independence Day or Veterans Day.
(3) The commission shall report to an appropriate committee of
the Legislative Assembly, no later than January 31 of each
odd-numbered year, on the fee reductions, waivers and exemptions
adopted by rule by the commission pursuant to subsection (2) of
this section.
Enrolled Senate Bill 58 (SB 58-A) Page 10
{ + (4) The commission shall adopt any rules pursuant to ORS
chapter 183 that the commission considers necessary to carry out
ORS 273.563 to 273.591. + }
SECTION 20. ORS 496.176 is amended to read:
496.176. (1) The lists of threatened species or endangered
species established pursuant to ORS 496.172 (2) shall include:
(a) Those species of wildlife listed as of May 15, 1987, as a
threatened species or an endangered species pursuant to the
federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C.
1531), as amended; and
(b) Those species determined as of May 15, 1987, by the State
Fish and Wildlife Commission to be threatened species or
endangered species.
(2) The commission, by rule, may add or remove any wildlife
species from either list, or change the status of any species on
the lists, upon a determination that the species is or is not a
threatened species or an endangered species.
(3) A determination that a species is a threatened species or
an endangered species shall be based on documented and verifiable
scientific information about the species' biological status. To
list a species as a threatened species or an endangered species
under ORS 496.004 and 496.171 to 496.182, the commission shall
determine that the natural reproductive potential of the species
is in danger of failure due to limited population numbers,
disease, predation or other natural or human actions affecting
its continued existence and, to the extent possible, assess the
relative impact of human actions. In addition, the commission
shall determine that one or more of the following factors exists:
(a) That most populations are undergoing imminent or active
deterioration of their range or primary habitat;
(b) That overutilization for commercial, recreational,
scientific or educational purposes is occurring or is likely to
occur; or
(c) That existing state or federal programs or regulations are
inadequate to protect the species or its habitat.
(4) Determinations required by subsection (3) of this section
shall be made by the commission on the basis of verifiable
scientific and other data after consultation with federal
agencies, other interested state agencies, { - the Natural
Heritage Advisory Council, - } other states having a common
interest in the species and interested persons and organizations.
(5) Any person may petition the commission to, by rule, add,
remove or change the status of a species on the list:
(a) A petition shall clearly indicate the action sought and
shall include documented scientific information about the
species' biological status to justify the requested action.
(b) Within 90 days of receipt of a petition, the commission
shall respond in writing to the petitioner indicating whether the
petition presents substantial scientific information to warrant
the action requested.
(c) If the petition is found to present such information, the
commission shall commence rulemaking.
(d) A final determination by the commission concerning the
action requested in a petition shall be provided within one year
from the date of receipt of the petition, with the option for an
additional 12-month extension of time to complete the listing if
the commission determines that limited information or other
appropriate considerations require the extension.
(e) If the petition is denied, the petitioner may seek judicial
review as provided in ORS 183.484.
Enrolled Senate Bill 58 (SB 58-A) Page 11
(6) The commission may determine not to list a species as a
threatened species or an endangered species in any of the
following cases:
(a) If the species has been listed pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended.
(b) If the species is currently on the list as a sensitive
species, or is a candidate species or has been petitioned for
listing pursuant to the federal Endangered Species Act of 1973
(P.L. 93-205, 16 U.S.C. 1531), as amended.
(c) If the species has been determined, pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended, to not qualify as a threatened species or an endangered
species.
(7) Notwithstanding subsections (1) to (5) of this section, the
commission shall take emergency action to add a species to the
list of threatened species or endangered species if it determines
there is a significant threat to the continued existence of the
species within the state:
(a) The commission shall publish notice of such addition in the
Secretary of State's bulletin and shall mail notice to affected
or interested persons whose names are included on the
commission's mailing list for such purposes.
(b) Such emergency addition shall take effect immediately upon
publication in the Secretary of State's bulletin and shall remain
valid for a period no longer than one year, unless during the
period the commission completes rulemaking procedures as provided
in subsection (5) of this section.
(8) The commission shall periodically review the status of all
threatened species and endangered species listed under ORS
496.171 to 496.192. Each species shall be reviewed at least once
every five years to determine whether verifiable scientific
information exists to justify its reclassification or removal
from the list, according to the criteria listed under subsections
(3) and (4) of this section. If a determination is made to
reclassify a species or remove it from the list, the commission,
within 90 days, shall commence rulemaking to change the status of
the species.
(9) Notwithstanding the provisions of this section, the
commission:
(a) May decide not to list a species that otherwise qualifies
as a threatened or endangered species within this state if the
commission determines that the species is secure outside this
state or the species is not of cultural, scientific or commercial
significance to the people of this state.
(b) May not include Branta canadensis leucopareia, commonly
known as the Aleutian Canada goose, on the lists of threatened
species or endangered species.
SECTION 21. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
chapter 183, rules to be administered by the State Forester
establishing standards for forest practices in each region or
subregion.
(2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
Enrolled Senate Bill 58 (SB 58-A) Page 12
(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.480 to 358.545, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill { - , conservation and conservation tax
incentive - } programs administered by { - the State Land
Board and - } the Department of State Lands under ORS 196.800 to
196.900 { - and 273.553 to 273.591 - } ;
(g) Federal Safe Drinking Water Act programs administered by
the Oregon Health Authority under ORS 448.273 to 448.990;
(h) Conservation and conservation tax incentive programs
administered by the { - Natural Heritage Advisory Council - }
{ + State Parks and Recreation Department + } under ORS
{ - 273.553 - } { + 273.563 + } to 273.591;
Enrolled Senate Bill 58 (SB 58-A) Page 13
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630.
(b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
(8) If, based upon the study completed pursuant to section 15
(2)(f), chapter 919, Oregon Laws 1991, the board determines that
additional rules are necessary to protect forest resources
pursuant to ORS 527.630, the board shall adopt forest practice
rules that reduce to the degree practicable the adverse impacts
of cumulative effects of forest practices on air and water
quality, soil productivity, fish and wildlife resources and
watersheds. Such rules shall include a process for determining
areas where adverse impacts from cumulative effects have occurred
or are likely to occur, and may require that a written plan be
submitted for harvests in such areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) In addition to its responsibilities under subsections (1)
to (3) of this section, the board shall adopt rules to reduce the
risk of serious bodily injury or death caused by a rapidly moving
landslide directly related to forest practices. The rules shall
consider the exposure of the public to these safety risks and
shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.
SECTION 22. ORS 564.110 is amended to read:
Enrolled Senate Bill 58 (SB 58-A) Page 14
564.110. (1) The lists of threatened species or endangered
species established pursuant to ORS 564.105 (2) initially shall
include those species listed as of May 15, 1987, as a threatened
species or an endangered species pursuant to the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et
seq.), as amended.
(2) The Director of Agriculture, by rule, may add or remove any
plant species from either list, or change the status of any
species on the lists, upon a determination that the species is or
is not a threatened species or an endangered species.
(3) A determination that a species is a threatened species or
an endangered species shall be based on documented and verifiable
scientific information about the species' biological status. To
list a species as a threatened species or an endangered species
under ORS 564.100 to 564.130, the director shall determine that
the natural reproductive potential of the species is in danger of
failure due to limited population numbers, disease, predation or
other natural or man-made factors affecting its continued
existence. In addition, the director shall determine that one or
more of the following factors exist:
(a) That most populations are undergoing imminent or active
deterioration of their range or primary habitat;
(b) That overutilization for commercial, recreational,
scientific or educational purposes is occurring or is likely to
occur; or
(c) That existing state or federal programs or regulations are
inadequate to protect the species or its habitat.
(4) Determinations required by subsection (3) of this section
shall be made on the basis of the best scientific and other data
available to the State Department of Agriculture, after
consultation with federal agencies, other interested state
agencies, { - the Natural Heritage Advisory Council, - } other
states having a common interest in the species and interested
persons and organizations.
(5)(a) Any person may petition the department to, by rule, add,
remove or change the status of a species on the list.
(b) A petition shall clearly indicate the action sought and
shall include documented scientific information about the
species' biological status to justify the requested action.
(c) Within 90 days of receipt of a petition, the department
shall respond in writing to the petitioner indicating whether the
petition presents substantial scientific information to warrant
the action requested.
(d) If the petition is found to present such information, the
department shall commence rulemaking.
(e) If the petition is denied, the petitioner may seek judicial
review as provided in ORS 183.484.
(6)(a) Notwithstanding subsections (1) to (5) of this section,
the department shall take emergency action to add a species to
the list of threatened species or endangered species if it
determines there is a significant threat to the continued
existence of the species.
(b) The department shall publish notice of such addition in the
Secretary of State's bulletin and shall mail notice to affected
or interested persons whose names are included on the
department's mailing list for such purposes.
(c) Such emergency addition shall take effect immediately upon
publication in the Secretary of State's bulletin and shall remain
valid for a period no longer than one year, unless during the
Enrolled Senate Bill 58 (SB 58-A) Page 15
one-year period the department completes rulemaking procedures as
provided in subsections (1) to (4) of this section.
(7)(a) The director shall periodically review the status of all
threatened and endangered plant species listed under ORS 496.004,
496.171 to 496.192, 498.026, 564.040 and 564.100 to 564.135.
(b) Each species shall be reviewed at least once every five
years to determine whether substantial, documented scientific
information exists to justify its reclassification or removal
from the list, according to the criteria listed under subsection
(3) of this section.
(c) If a determination is made to reclassify a species or
remove it from the list, the department, within 90 days, shall
commence rulemaking to change the status of the species.
SECTION 23. { + ORS 273.571 is repealed. + }
SECTION 24. { + (1) Notwithstanding any other law limiting
expenditures, the limitation on expenditures established by
section 1 (3), chapter ___, Oregon Laws 2011 (Enrolled House Bill
5042), for the biennium beginning July 1, 2011, as the maximum
limit for payment of expenses from fees, moneys or other
revenues, including Miscellaneous Receipts, but excluding lottery
funds and federal funds, collected or received by the Department
of State Lands, is decreased by $20,828.
(2) Notwithstanding any other law limiting expenditures, the
limitation on expenditures established by section 2 (2), chapter
___, Oregon Laws 2011 (Enrolled House Bill 5042), for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from federal funds collected or received by the
Department of State Lands, is decreased by $130,133.
(3) Notwithstanding any other law limiting expenditures, the
limitation on expenditures established by section 1 (4), chapter
___, Oregon Laws 2011 (Enrolled Senate Bill 5534), for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from fees, moneys or other revenues, including
Miscellaneous Receipts, but excluding lottery funds and federal
funds, collected or received by the State Parks and Recreation
Department, is increased by $21,000.
(4) Notwithstanding any other law limiting expenditures, the
limitation on expenditures established by section 3 (3), chapter
___, Oregon Laws 2011 (Enrolled Senate Bill 5534), for the
biennium beginning July 1, 2011, as the maximum limit for payment
of expenses from federal funds collected or received by the State
Parks and Recreation Department, is increased by $113,000. + }
SECTION 25. { + (1) The amendments to ORS 273.563, 273.566,
273.576, 273.578, 273.581, 273.586, 273.591, 390.124 and 527.710
by sections 10 to 16, 19 and 21 of this 2011 Act and the repeal
of ORS 273.571 by section 23 of this 2011 Act are intended to
change the name of the Natural Heritage Advisory Council to the
State Parks and Recreation Department.
(2) For the purpose of harmonizing and clarifying statutory
law, the Legislative Counsel may substitute for words designating
the Natural Heritage Advisory Council, wherever they occur in
statutory law, other words designating the State Parks and
Recreation Department. + }
----------
Enrolled Senate Bill 58 (SB 58-A) Page 16
Passed by Senate May 19, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House June 1, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 58 (SB 58-A) Page 17
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 58 (SB 58-A) Page 18