71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
HA to HB 3564
LC 2969/HB 3564-4
HOUSE AMENDMENTS TO
HOUSE BILL 3564
By COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
May 23
On page 1 of the printed bill, line 2, after 'ORS' delete the
rest of the line and line 3 and insert '215.800, 215.802,
215.806, 215.808, 271.715, 541.370 and 541.380; and appropriating
money.'.
Delete lines 5 through 27 and delete pages 2 through 4 and
insert:
' { + SECTION 1. + } { + Sections 2 to 4 of this 2001 Act
are added to and made a part of ORS chapter 308A. + }
' { + SECTION 2. + } { + (1) The Legislative Assembly finds
that it is in the interests of the people of this state that
certain private lands be managed in a sustainable manner for the
purpose of maintaining the long-term ecological, economic and
social values that these lands provide.
' (2) The Legislative Assembly declares that it is the policy
of this state to encourage landowners to manage private lands in
a sustainable manner through tax policy, land use planning,
education and technical and financial incentives.
' (3) The Legislative Assembly further declares that it is the
policy of this state not to impose additional taxes on property,
commodities or income if a landowner voluntarily foregoes, limits
or postpones economic uses of private land for conservation
purposes.
' (4) As used in this section, 'conservation' means the
management of land, water and natural resources for the purpose
of meeting human and ecological needs in a sustainable
manner. + }
' { + SECTION 3. + } { + (1) Land that is specially assessed
under ORS 215.800 to 215.808, 308A.050 to 308A.128, 308A.300 to
308A.330, 321.257 to 321.390, 321.705 to 321.765 or 321.805 to
321.825, or land that is exempt from property tax under ORS
308A.350 to 308A.383, may not be disqualified from the special
assessment or exemption, and may not be subject to additional
taxes under ORS 308A.700 to 308A.733, if the property owner has:
' (a) Executed a conservation easement, as defined in ORS
271.715, or deed restriction that complies with the Department of
Revenue rules established pursuant to section 4 of this 2001 Act
and the land is managed in compliance with the conservation
easement or deed restriction; or
' (b) Entered into a wildlife habitat conservation and
management plan, as described in ORS 215.800 to 215.808, approved
by the State Department of Fish and Wildlife.
' (2) A property owner who executes a conservation easement may
convey the easement to a land trust or other qualified entity
without a loss of benefits under this section.
' (3) In order for land to be subject to this section:
' (a) The conservation easement, deed restriction or wildlife
habitat conservation and management plan must be recorded in the
records of the clerk of the county in which the land is located;
and
' (b) A copy of the conservation easement, deed restriction or
wildlife habitat conservation and management plan, along with the
property tax account number for the land, must be sent to the
county assessor. + }
' { + SECTION 4. + } { + (1) The Department of Revenue shall
by rule adopt definitions, criteria and guidelines for:
' (a) Land trusts and other entities to which conservation
easements may be conveyed without a loss of benefits under
section 3 of this 2001 Act; and
' (b) Conservation easements and deed restrictions that are
utilized under section 3 of this 2001 Act.
' (2) In adopting rules under this section, the department
shall:
' (a) Consider and promote the purposes for which the
Legislative Assembly has acted, as found and declared in section
2 of this 2001 Act; and
' (b) Consult with the State Department of Fish and Wildlife
and the State Forestry Department to ensure that the rules for
forestlands require that forestlands maintain forest
characteristics. + }
' { + SECTION 5. + } { + Sections 2 to 4 of this 2001 Act
apply to tax years beginning on or after July 1, 2002. + }
' { + SECTION 6. + } { + Section 7 of this 2001 Act is added
to and made a part of ORS 215.800 to 215.808. + }
' { + SECTION 7. + } { + As used in ORS 215.800 to 215.808:
' (1) 'Cooperating agency' means the State Department of Fish
and Wildlife, the United States Fish and Wildlife Service, the
United States Natural Resources Conservation Service, the Oregon
State University Extension Service or other persons with wildlife
habitat conservation and management training considered
appropriate for the preparation of a conservation and management
plan, as established by rules of the State Department of Fish and
Wildlife.
' (2) 'Department' means the State Department of Fish and
Wildlife.
' (3) 'Forestland' means forestland as defined in ORS 321.257,
321.705 or 321.805.
' (4) 'Lot' has the meaning given that term in ORS 92.010.
' (5) 'Parcel' has the meaning given that term in ORS 215.010
(1).
' (6) 'Wildlife habitat conservation and management plan' or '
plan' means a plan developed by a cooperating agency and
landowner that specifies the conservation and management
practices, including farm and forest uses consistent with the
overall intent of the plan, that will be conducted to preserve,
enhance and improve wildlife habitat on an affected lot or
parcel. + }
' { + SECTION 8. + } ORS 215.800 is amended to read:
' 215.800. (1) The Legislative Assembly declares that the
protection and preservation of the wildlife resources of this
state ought to be encouraged by recognizing wildlife habitat
conservation and enhancement as an allowed land use in
areas { + :
' (a) + } Zoned for exclusive farm use { + , + } { - and - }
mixed farm and forest use { + or highest and best use
forestland; or
' (b) Assessed as designated forestland or under the Western
Oregon Small Tract Optional Tax + }.
' (2) The Legislative Assembly further declares that ORS
215.800 to 215.808 are intended to allow for the conservation and
enhancement of wildlife habitat.
' (3) The Legislative Assembly further recognizes that the
integration of wildlife habitat conservation and management plans
with generally accepted agricultural and forestry practices in
farm and forest zones is an important element in exercising good
stewardship over these lands.
' { + SECTION 9. + } ORS 215.802 is amended to read:
' 215.802. (1) Notwithstanding ORS 215.213, 215.283 and
215.284, but subject to ORS 215.804, a county { - may - }
{ + shall + } allow the establishment of wildlife habitat
conservation and management plans in any area that is { + :
' (a) + } Zoned for exclusive farm use or mixed farm and forest
use { + ; or
' (b) Forestland + }.
' { - (2) As used in ORS 215.800 to 215.808: - }
' { - (a) 'Cooperating agency' means the State Department of
Fish and Wildlife, the United States Fish and Wildlife Service,
the United States Natural Resources Conservation Service, the
Oregon State University Extension Service or other persons with
wildlife conservation and management training considered
appropriate for the preparation of a conservation and management
plan, as established by rules of the State Department of Fish and
Wildlife. - }
' { - (b) 'Department' means the State Department of Fish and
Wildlife. - }
' { - (c) 'Lot' has the meaning given that term in ORS
92.010. - }
' { - (d) 'Parcel' has the meaning given that term in ORS
215.010 (1). - }
' { - (e) 'Wildlife habitat conservation and management plan'
or ' plan' means a plan developed by a cooperating agency and
landowner that specifies the conservation and management
practices, including farm and forest uses consistent with the
overall intent of the plan, that will be conducted to preserve,
enhance and improve wildlife habitat on an affected lot or
parcel. - }
' { + (2) Notwithstanding the requirement in subsection (1)
of this section that a county allow the establishment of wildlife
habitat conservation and management plans, the governing body of
a county may forbid the establishment of such plans if the
governing body adopts, prior to January 1, 2003, a resolution or
other decision that forbids the establishment of such plans.
' (3) A county governing body may rescind its decision to
forbid the establishment of wildlife habitat conservation and
management plans. However, a county that allows the establishment
of such plans after January 1, 2003, may not again, by ordinance,
resolution or otherwise, forbid the establishment of such
plans. + }
' { + SECTION 10. + } ORS 215.806 is amended to read:
' 215.806. (1) { + (a) + } The State { - Department of - }
Fish and Wildlife { + Commission + } shall adopt rules
specifying the form and content of a wildlife habitat
conservation and management plan.
' { + (b) + } The rules { + adopted pursuant to this
section + } shall { + :
' (A) + } Specify the conservation and management practices
that are appropriate to preserve, enhance and improve wildlife
common to the diverse regions of this state.
' { + (B) Specify that wildlife habitat conservation and
management plans may include those efforts that improve water
quality, protect and restore fish and wildlife habitats, recover
threatened or endangered species, enhance stream flows and
maintain or restore long-term ecological health, diversity and
productivity on a broad geographic scale.
' (c) + } Accepted farm and forest practices may be allowed as
an integral part of the wildlife { + habitat + } conservation
and management practices specified in an approved plan.
' { + (d) The lease or sale of in-stream water rights shall
be allowed as an integral part of the wildlife habitat
conservation and management practices specified in an approved
plan. + }
' (2) The rules shall be reviewed annually by the
{ - department - } { + commission + } and revised when
considered necessary or appropriate by the { - department - }
{ + commission + }.
' { + SECTION 11. + } ORS 215.808 is amended to read:
' 215.808. (1) The State Department of Fish and Wildlife shall
review and approve plans submitted under ORS 215.802 (1) for
compliance with the standards set forth in the rules adopted
under ORS 215.806.
' (2) When a plan is approved by the department and is
implemented, the owner of the land subject to the plan may make
application to the county assessor for open space use assessment
under ORS 308A.300 to 308A.330 for that land, except that, if
approved, the land shall be assessed { + :
' (a) + } At its value for farm use under ORS 308A.050 to
308A.128 { - and 308A.250 to 308A.259 - } { + if the land is
in an exclusive farm use zone or a farm and forest zone and has
historically been in farm use; or
' (b) At its forestland value if, but for application under
this section, the land is zoned as highest and best use
forestland, assessed as designated forestland or assessed under
the Western Oregon Small Tract Optional Tax + }.
' { + (3) If the land that is the subject of the application
includes a farm or forest homesite, upon approval the homesite
shall be assessed as provided in ORS 308A.250 to 308A.259.
' (4) + }Application shall be made as provided in ORS 308A.300
to 308A.330 except that:
' (a) The granting authority shall be the State Department of
Fish and Wildlife. The department shall approve the plan relating
to the land of the applicant and determine compliance with the
plan in accordance with rules adopted under ORS 215.806.
' (b) The owner, in lieu of designating the paragraph of ORS
308A.300 (1) under which the open space use falls, shall
designate the open space use as wildlife habitat conservation and
management under ORS 215.800 to 215.808.
' (c) Applications for open space use assessment under this
section shall be made to the county assessor not later than April
1 immediately preceding the first tax year for which such
assessment is requested.
' (d) The application shall include a certified copy of the
department's declaration that the land described in the
application is subject to a wildlife habitat conservation and
management plan approved by the department and that the plan is
being implemented.
' (e) When the application for open space use assessment
includes a certified copy of the declaration described in
paragraph (d) of this subsection, the county assessor
{ - shall - } { + may + } not refer the application to the
planning commission or to the county governing body under ORS
308A.309 (1), but shall assess the land described in the
application at its { + assessed + } value { - for farm use
under the provisions of ORS 308A.107 - } { + under the
appropriate special assessment program listed under subsection
(2) or (3) of this section + }. In each year in which the land is
assessed under the provisions of this section, the county
assessor shall also enter on the assessment roll, as a notation,
the assessed value of the land were it not so assessed.
' { - (3) - } { + (5) + } An approved wildlife habitat
conservation and management plan shall be reviewed by the
department { - at least once in each two-year period to
determine continued compliance - } { + periodically to ensure
that the land is managed in accordance + } with the plan. If the
plan is not being implemented as approved, the department shall
notify the owner and require compliance measures to be taken
within six months. If the plan is still not being implemented as
required by the department at the end of the six-month period,
the department shall notify the county assessor of the county in
which the affected land is situated. The county assessor shall
withdraw the land from open space use classification as provided
in ORS 308A.321 (1), except that notice of the withdrawal shall
be given to the governing body of the county in which the land is
situated.
' { - (4) - } { + (6) + } Notwithstanding ORS 215.236 and
308A.700 to 308A.733, land that is assessed { - under ORS
308A.050 to 308A.128 and 308A.250 to 308A.259 shall - } { + as
provided in this section may + } not be subject to any additional
taxes when the land is changed to open space use assessment based
on wildlife habitat conservation and management as provided in
ORS 215.800 to 215.808 and shall be allowed to return
{ + unrestricted + } to assessment under { - ORS 308A.050 to
308A.128 and 308A.250 to 308A.259 - } { + the appropriate
special assessment program listed in subsections (2) and (3) of
this section + }, if otherwise qualified, without payment of any
additional taxes. However, the land { - shall - } { + may + }
be subject to additional taxes { - when such land becomes
disqualified or declassified from special assessment under ORS
308A.050 to 308A.128 and 308A.250 to 308A.259 or open space use
assessment based on wildlife habitat in conservation and
management as provided in ORS 215.800 to 215.808 and does not
become qualified in the next assessment year for assessment under
ORS 308A.050 to 308A.128 and 308A.250 to 308A.259 or open space
use under ORS 308A.300 to 308A.330. The additional taxes shall be
determined and collected - } as provided in ORS 308A.700 to
308A.733. { - No other additional tax shall be imposed on such
land at the time of disqualification or declassification. - }
' { + SECTION 12. + } ORS 271.715 is amended to read:
' 271.715. As used in ORS 271.715 to 271.795, unless the
context otherwise requires:
' (1) 'Conservation easement' means a nonpossessory interest of
a holder in real property imposing limitations or affirmative
obligations the purposes of which include retaining or protecting
natural, scenic, or open space values of real property,
{ - assuring - } { + ensuring + } its availability for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property.
' (2) 'Highway scenic preservation easement' means a
nonpossessory interest of a holder in real property imposing
limitations or affirmative obligations the purposes of which
include retaining or protecting natural, scenic or open space
values of property.
' (3) 'Holder' means:
' (a) The state or any county, { + tribal government, + }
metropolitan service district, city or park and recreation
district acting alone or in cooperation with any federal or state
agency, public corporation or political subdivision; or
' (b) A charitable corporation, charitable association,
charitable trust, the purposes or powers of which include
retaining or protecting the natural, scenic, or open space values
of real property, assuring the availability of real property for
agricultural, forest, recreational, or open space use, protecting
natural resources, maintaining or enhancing air or water quality,
or preserving the historical, architectural, archaeological, or
cultural aspects of real property.
' (4) 'Third-party right of enforcement' means a right provided
in a conservation easement or highway scenic preservation
easement to enforce any of its terms granted to a governmental
body, charitable corporation, charitable association or
charitable trust, which, although eligible to be a holder, is not
a holder.
' { + SECTION 13. + } { + (1) There is created a Flexible
Incentives Account in the State Treasury, separate and distinct
from the General Fund. Interest earned by the account shall be
credited to the account. The moneys in the account are
continuously appropriated to the Oregon Watershed Enhancement
Board for the purposes specified in this section.
' (2) The Oregon Watershed Enhancement Board shall use the
account to assist landowners in the implementation of strategies
intended to protect and restore native species of fish, wildlife
and plants and to maintain long-term ecological health, diversity
and productivity in a manner consistent with statewide, regional
or local conservation plans. The board shall seek to fund those
strategies that offer the greatest public benefit at the lowest
cost.
' (3) The account shall consist of moneys appropriated to it by
the Legislative Assembly and moneys provided to the board by
federal, state, regional or local governments for the purposes
specified in this section. The board may accept private moneys in
the form of gifts, grants and bequests for deposit into the
account. + }
' { + SECTION 14. + } { + Section 13 of this 2001 Act is
added to and made a part of ORS 541.351 to 541.415. + }
' { + SECTION 15. + } ORS 541.370 is amended to read:
' 541.370. (1) In carrying out the watershed enhancement
program, 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 grant program using funds from the Watershed
Improvement Grant Fund established under ORS 541.397 { + , + }
{ - and - } from the Restoration and Protection Subaccount
established under ORS 541.377 { + and from the Flexible
Incentives Account established under section 13 of this 2001
Act + }.
' (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 16. + } 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 { + , including funding from the Flexible Incentives
Account established under section 13 of this 2001 Act + }.
' (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.
' (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 17. + } { + (1) The State Forestry Department
shall, in consultation with relevant state agencies and other
public or private organizations, review state statutes, rules,
policies and programs that affect landowner decisions to
implement conservation strategies.
' (2) The review conducted under subsection (1) of this section
shall include:
' (a) Establishing a statewide strategy for the implementation
and coordination of incentives, regulatory disincentives,
expedited permit processes and related taxes.
' (b) The development of a stewardship agreement program for
rural lands that establishes a baseline management standard for
landowners and a voluntary higher standard that provides natural
resource benefits and regulatory certainty for landowners. + }
' { + SECTION 18. + } { + (1) The State Forestry Department
shall report to the Seventy-second Legislative Assembly on
recommendations for improvements of incentives and existing
regulatory schemes that will encourage landowners and businesses
to voluntarily invest in the improvement of natural resources.
' (2) The report created pursuant to this section shall
include, but not be limited to, recommendations on statutory
changes, regulatory relief, expedited permit processes and tax
incentives. + } ' .
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