Relating to the Oregon Plan; creating new provisions; and amending ORS 171.553, 468B.066, 496.118, 541.380, 541.405, 541.407, 541.409, 541.411 and 541.413.

 
 
 
     71st OREGON LEGISLATIVE ASSEMBLY--2001 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 2619
 
                         House Bill 2999
 
Sponsored by COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
 
 
                             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.
 
  Authorizes presiding officers of Legislative Assembly, in
absence of joint committee, to appoint single-house committees to
provide oversight for Oregon Plan. Directs state agencies to
report to single-house committee in absence of joint committee.
 
                        A BILL FOR AN ACT
Relating to the Oregon Plan; creating new provisions; and
  amending ORS 171.553, 468B.066, 496.118, 541.380, 541.405,
  541.407, 541.409, 541.411 and 541.413.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + If the Speaker of the House of Representatives
and the President of the Senate do not appoint the members of the
joint committee created pursuant to ORS 171.551, the Speaker may
appoint a committee of members of the House of Representatives
and the President may appoint a committee of members of the
Senate for the consideration of issues related to the Oregon
Plan, as described in ORS 541.405, and other issues related to
water quality, stream restoration and species recovery
generally. + }
  SECTION 2. ORS 171.553 is amended to read:
  171.553. The joint legislative committee created pursuant to
ORS 171.551 { +  or a committee appointed pursuant to section 1
of this 2001 Act + }:
  (1) Shall be responsible for oversight and coordination of
Oregon Plan activities and other stream restoration and species
recovery activities;
  (2) Shall be responsible for any additional coordination,
oversight or advisory duties related to the management of natural
resources in Oregon, as the President of the Senate and the
Speaker of the House of Representatives may assign; and
  (3) May:
  (a) Receive informational reports from the Healthy Streams
Partnership established under ORS 541.407, from the Independent
Multidisciplinary Science Team created under ORS 541.409, from
the Coastal Salmon Restoration and Production Task Force
established under section 2, chapter 544, Oregon Laws 1995, and
from other sources and, on the basis of such informational
reports, recommend changes to the statewide stream and fish and
wildlife species enhancement efforts undertaken to prevent a
species listing as threatened or endangered, or to restore a
species that is listed.
  (b) Review the activities of the individuals and state and
federal agencies implementing the Oregon Plan and other programs
related to species enhancement, protection and restoration of
wildlife habitat, and improvement of the health of Oregon's
streams.
  (c) Review requests for and make recommendations to the Joint
Legislative Committee on Ways and Means or, during the interim
between legislative sessions, to the Emergency Board, regarding
grant proposals and other requests for funds submitted by the
Oregon Watershed Enhancement Board or other state agencies
responsible for implementing the Oregon Plan or other species
enhancement, protection and restoration of wildlife habitat, or
stream enhancement projects.
  (d) Review any memorandum of understanding or intergovernmental
agreement between a state agency and any other local, state or
federal agency to implement all or any portion of a program
described in ORS 541.405.
  (e) Review rules proposed for adoption by an agency to
implement the programs described in ORS 541.405.
  (f) Review the effectiveness of existing projects and programs.
  (g) Review research projects related to all factors that
influence the health of Oregon's streams.
  (h) Recommend implementation principles, priorities and
guidance for the programs described in ORS 541.405.
  SECTION 3. ORS 468B.066 is amended to read:
  468B.066. The Department of Environmental Quality shall report
regularly to the joint legislative committee created pursuant to
ORS 171.551  { + or to a committee appointed pursuant to section
1 of this 2001 Act + } on the development of the use
attainability analysis under ORS 468B.062 and 468B.064.
  SECTION 4. ORS 496.118 is amended to read:
  496.118. (1) Subject to policy direction by the State Fish and
Wildlife Commission, the State Fish and Wildlife Director shall:
  (a) Be the administrative head of the State Department of Fish
and Wildlife;
  (b) Have power, within applicable budgetary limitations, and in
accordance with ORS chapter 240, to hire, assign, reassign and
coordinate personnel of the department;
  (c) Administer and enforce the wildlife laws of the state;
  (d) Be authorized to participate in any proceeding before any
public officer, commission or body of the United States or any
state for the purpose of representing the citizens of Oregon
concerning the wildlife resources of this state;
  (e) Establish such sections and divisions as are necessary to
properly carry out the work of the commission;
  (f) Be responsible for the collection, application and
dissemination of information pertinent to the management of the
wildlife resources, and to the regulation of the uses of such
resources; and
  (g) Coordinate any activities of the department related to a
watershed enhancement project approved by the Oregon Watershed
Enhancement Board under ORS 541.375 with activities of other
cooperating state and federal agencies participating in the
project.
  (2) In addition to duties otherwise required by law, the
director shall prescribe internal policies and procedures for the
government of the department, the conduct of its employees, the
assignment and performance of its business and the custody, use
and preservation of its records, papers and property in a manner
consistent with applicable law.
  (3) In addition to any other duties assigned to the director,
the director shall report quarterly on the activities of the
department to the joint legislative committee established
pursuant to ORS 171.551 { +  or to a committee appointed pursuant
to section 1 of this 2001 Act + }.
 
  (4) The director may delegate to any employee of the department
the exercise or discharge in the director's name of any power,
duty or function of whatever character, vested in or imposed by
law upon the director. The official act of a person so acting in
the director's name and by the director's authority shall be
considered to be an official act of the director.
  (5) The director may restrict or otherwise limit the
participation of an employee of the department in any program
administered by the department to ensure that the programs of the
department are administered in a fair and equitable manner and
that no employee of the department gains an advantage over the
public.
  (6) Notwithstanding the provisions of ORS 496.112 (3), in times
of emergency or with respect to regulating wildlife taking, the
director may exercise the full powers of the commission until
such times as the emergency ends or the commission meets in
formal session.
  SECTION 5. ORS 541.380 is amended to read:
  541.380. (1) In accordance with the applicable provisions of
ORS 183.310 to 183.550, the Oregon Watershed Enhancement Board
shall adopt rules and standards to carry out the watershed
enhancement program.
  (2) The rules and standards adopted by the board under
subsection (1) of this section shall include, but need not be
limited to:
  (a) Grant application requirements and review and selection
criteria for projects to receive assistance or funding from the
board.
  (b) Criteria for distributing to those entities specified in
ORS 541.375 those funds appropriated to the board for funding
projects. The criteria shall include a process for periodic
review of the distribution by the joint legislative committee
created pursuant to ORS 171.551 { +  or by a committee appointed
pursuant to section 1 of this 2001 Act + }.
  (c) Conditions for approval by the board for implementation of
a project including but not limited to:
  (A) Provisions satisfactory to the board for inspection and
evaluation of the implementation of a project including all
necessary agreements to allow the board and employees of any
cooperating agency providing staff services for the board access
to the project area;
  (B) Provisions satisfactory to the board for controlling the
expenditure of and accounting for any funds granted by the board
for implementation of the project;
  (C) An agreement that those initiating the project will submit
all pertinent information and research gained from the project to
the board for inclusion in the centralized repository established
by the board; and
  (D) Provisions for the continued maintenance of the portion of
the riparian area or associated uplands enhanced by the project.
  SECTION 6. ORS 541.405 is amended to read:
  541.405. (1) The Legislative Assembly finds that the efforts of
many Oregonians have resulted in the creation of the 'Oregon
Plan,' and recognizes that the Oregon Plan:
  (a) Includes programs and activities identified to address a
coordinated approach for the recovery of native salmon
populations within Oregon;
  (b) Includes the guidance statement and framework provided by
the healthy streams partnership developed to provide cooperative
solutions and voluntary approaches to improving the water quality
of our streams and to achieve healthy streams throughout Oregon;
  (c) Includes programs for the restoration and enhancement of
multiple species and of the habitat of those species; and
  (d) Is subject to modification and alteration to enhance
program efforts consistent with appropriate guidance principles
developed by the Legislative Assembly and oversight as set forth
in  { + section 1 of this 2001 Act and + } ORS 171.551 and
171.553.
  (2) The purpose of the Oregon Plan is to enhance, restore and
protect Oregon's native salmonid populations, watersheds, fish
and wildlife habitat and water quality, while sustaining a
healthy economy.
  (3) The Oregon Plan shall:
  (a) Provide for coordination of local, state, federal and
tribal agency responsibilities and authorities for native
salmonid, watershed and habitat restoration throughout Oregon.
  (b) Rely on watershed councils and soil and water conservation
districts, which are encouraged to cooperate in the development
of local watershed plans that assess watershed conditions and
create watershed action plans and strategies for the
implementation of the local watershed action plans.
  (c) Focus state policies and resources on achieving native
salmonid recovery and watershed restoration while sustaining a
healthy economy and environment.
  SECTION 7. ORS 541.407 is amended to read:
  541.407. (1) The Governor, the President of the Senate and the
Speaker of the House of Representatives shall appoint a statewide
Healthy Streams Partnership. The Healthy Streams Partnership
shall consist of 21 persons. Membership shall include:
  (a) Seven members who represent watershed groups or soil and
water conservation districts;
  (b) One member who represents tribal governments and who
resides east of the summit of the Cascade Mountain Range;
  (c) One member who represents tribal governments and who
resides west of the summit of the Cascade Mountain Range;
  (d) Two members who represent environmental advocacy or
wildlife conservation groups; and
  (e) Ten members who represent different in-stream and
out-of-stream beneficial uses of water, including but not limited
to agricultural, recreational, industrial, municipal and
silvicultural uses.
  (2) The members of the Healthy Streams Partnership shall serve
for four years and may be reappointed for no more than two
consecutive terms, but any person may be appointed again to the
partnership after an interval of four years.
  (3) The Healthy Streams Partnership shall elect a chairperson
and vice chairperson for a term of one year and shall determine
the duties of the officers.
  (4) A majority of the members of the Healthy Streams
Partnership constitutes a quorum for the transaction of business.
The Healthy Streams Partnership shall operate in accordance with
procedures adopted by the members.
  (5) The office of the Governor shall provide administrative
support and services to the Healthy Streams Partnership.
  (6) The duties of the Healthy Streams Partnership shall include
but need not be limited to:
  (a) Providing information to the joint legislative committee
created pursuant to ORS 171.551  { + or to a committee appointed
pursuant to section 1 of this 2001 Act + } about the
implementation of the programs from a local and regional
perspective; and
  (b) Recommending changes necessary to facilitate more efficient
implementation of the initiative and other stream improvement
programs at the local level.
  (7) Members of the Healthy Streams Partnership shall not be
compensated for their services but are eligible for reimbursement
of travel and other reasonable expenses in accordance with ORS
292.495.
  SECTION 8. ORS 541.409 is amended to read:
  541.409. (1) There is created an Independent Multidisciplinary
Science Team consisting of up to seven scientists with recognized
expertise in fisheries, artificial propagation, stream ecology,
forestry, range, watershed and agricultural management. The
Governor, the President of the Senate and the Speaker of the
House of Representatives shall jointly appoint the Independent
Multidisciplinary Science Team. The decision to appoint a member
of the team shall be a unanimous decision by the appointing
authorities. The members of the Independent Multidisciplinary
Science Team shall serve for four years and may be reappointed
for a subsequent term. The team shall be governed by generally
accepted guidelines and practices governing the activities of
independent science boards such as the National Academy of
Sciences.
  (2) The Independent Multidisciplinary Science Team shall:
  (a) Review implementation of the Oregon Plan and other programs
for achieving healthy streams as described in ORS 541.405.
  (b) Prepare and submit to the Governor, the Legislative
Assembly and the public an annual report on the implementation of
the Oregon Plan, including any recommendations for changes or
adjustments to the initiative.
  (c) Serve as an independent scientific peer review panel to the
state agencies responsible for developing and implementing the
Oregon Plan and other salmon or stream enhancement programs
throughout this state.
  (d) Report regularly to the joint legislative committee created
pursuant to ORS 171.551  { + or to a committee appointed pursuant
to section 1 of this 2001 Act + } concerning the duties described
under this subsection and other requests by that joint
legislative committee.
  (3) If the Independent Multidisciplinary Science Team submits
suggestions to an agency responsible for implementing a portion
of the Oregon Plan, the agency shall respond in writing to the
team, explaining how the agency intends to implement the
suggestion or why the agency does not implement the suggestion.
The team shall include any agency responses in its report to the
joint legislative committee created pursuant to ORS 171.551 { +
or to a committee appointed pursuant to section 1 of this 2001
Act + }.
  (4) Members of the Independent Multidisciplinary Science Team
shall be compensated for their services and are eligible for
reimbursement of travel and other reasonable expenses in
accordance with ORS 292.495.
  (5) Compensation for members of the Independent
Multidisciplinary Science Team shall be cooperatively determined
by the appointing authorities and the joint legislative committee
created pursuant to ORS 171.551 { +  or a committee appointed
pursuant to section 1 of this 2001 Act + }.
  (6) The office of the Governor shall provide administrative
support and services to the Independent Multidisciplinary Science
Team.
  SECTION 9. ORS 541.411 is amended to read:
  541.411. Any state agency participating in the programs and
activities described in ORS 541.405 shall:
  (1) Upon request of any person who believes the person's
private property rights may be adversely affected by the Oregon
Plan, provide the person with written information about the
agency's dispute resolution services available pursuant to ORS
183.502.
  (2) Report to the joint legislative committee created pursuant
to ORS 171.551  { + or to a committee appointed pursuant to
section 1 of this 2001 Act + } any dispute resolution services
requested under this section, and the outcome of such dispute
resolution.
  SECTION 10. ORS 541.413 is amended to read:
  541.413. Notwithstanding any other provision of law, if during
the interim between legislative sessions any agency responsible
for implementing a portion of the Oregon Plan or a program for
the enhancement or restoration of streams throughout the state
requires additional funding or an adjustment to the agency's
expenditure limitations as approved by the Legislative Assembly
to complete implementation of the Oregon Plan, the agency shall
first submit a report to the joint legislative committee created
pursuant to ORS 171.551 { +  or to a committee appointed pursuant
to section 1 of this 2001 Act + }. The  { + joint legislative + }
committee  { + created pursuant to ORS 171.551 or a committee
appointed pursuant to section 1 of this 2001 Act + } shall review
the request and present a recommendation to the Emergency Board
at the time the agency submits its request to the Emergency
Board.
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