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 3380
A-Engrossed
House Bill 3711
Ordered by the House June 15
Including House Amendments dated June 15
Sponsored by Representative KRUSE; Representative LEE (at the
request of Oregon Cattlemen's Association)
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.
{ - Directs Oregon Watershed Enhancement Board to provide
funding from Watershed Improvement Operating Fund for positions
in soil and water conservation districts. Specifies that persons
employed in positions funded by board perform functions relating
to restoring and protecting native salmonid populations,
watersheds, fish and wildlife habitats and water quality. - }
{ + Establishes Oregon Conservation Cost Share Program to
provide funding for local implementation of conservation
practices that support goals of Oregon Plan. Directs State
Department of Agriculture to administer program, including
disbursing funds to soil and water conservation districts.
Provides that funding for program may be obtained through Oregon
Watershed Enhancement Board. Requires soil and water conservation
districts in each county to establish work group to set
priorities for local cost-share implementation plan and perform
other functions. Limits percent of funds that may be used for
administration and other specified activities. Requires persons
receiving funding under program to contribute at least 25 percent
of cost of activity. + }
A BILL FOR AN ACT
Relating to soil and water conservation districts; creating new
provisions; amending ORS 541.379; and appropriating money.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 6 of this 2001 Act are added to
and made a part of ORS 541.351 to 541.415. + }
SECTION 2. { + For purposes of sections 2 to 6 of this 2001
Act, ' district' means a district as defined in ORS 568.210. + }
SECTION 3. { + (1) The Oregon Conservation Cost Share Program
is established. The purpose of the program is to provide funding
for local implementation of conservation practices that support
the goals of the Oregon Plan. Funds provided through the program
may be used for watershed enhancement activities, including
activities that contribute to water quality improvements, soil
erosion control, vegetative improvements, habitat improvements
and riparian enhancement.
(2) The State Department of Agriculture shall administer the
program and is responsible for disbursing funds to soil and water
conservation districts under the program. The department may
adopt rules to implement the program.
(3) Funding for the program may be obtained through the Oregon
Watershed Enhancement Board from the Watershed Improvement
Operating Fund established pursuant to ORS 541.379 and from other
sources. + }
SECTION 4. { + (1) The soil and water conservation districts
in each county of this state shall establish a county work group
for that county. County work groups may include members
representing:
(a) Landowners from local watershed councils;
(b) Soil and water conservation districts;
(c) Natural resource districts;
(d) Local governments;
(e) The Oregon State University Extension Service;
(f) The United States Department of Agriculture, Natural
Resources Conservation Service and Farm Service Agency;
(g) County farm service agency committees;
(h) United States Forest Service;
(i) State Forestry Department;
(j) State Department of Fish and Wildlife; and
(k) Conservation or environmental communities.
(2) The county work group shall set priorities for the local
cost-share implementation plan.
(3) The county work group may also:
(a) Develop priority practices for implementation;
(b) Specify priority areas;
(c) Establish public outreach and informational efforts;
(d) Participate in application review, ranking and the
selection process for watershed enhancement activities;
(e) Participate in periodic implementation plan reviews; and
(f) Assist in the development of applications for and selection
of watershed enhancement activities to receive funding. + }
SECTION 5. { + (1) A soil and water conservation district may
apply to the State Department of Agriculture for funding under
the Oregon Conservation Cost Share Program established under
section 3 of this 2001 Act.
(2) A district receiving funds under the Oregon Conservation
Cost Share Program must use no less than 75 percent of the
allocation for implementation of activities approved by the
department as activities that enhance watersheds.
(3) A district receiving funds under the Oregon Conservation
Cost Share Program must use no more than 25 percent of the
allocation for technical support and administration, with the
condition that:
(a) No more than 20 percent of the allocation may be used for
technical support for the design and implementation of watershed
enhancement activities; and
(b) No more than 10 percent of the allocation may be used for
administration of the program.
(4) The department shall ensure that districts applying for
moneys under the program:
(a) Require persons receiving funding under the program to
contribute at least 25 percent of the cost of the activity in
cash or in-kind service or material.
(b) Allow no more than $10,000 per year to be spent on any one
application. + }
SECTION 6. { + Under the oversight of the county work group, a
soil and water conservation district shall:
(1) Develop an application process;
(2) Receive funding from the State Department of Agriculture;
(3) Distribute funding to applicants under the provisions of
the Oregon Conservation Cost Share Program upon satisfactory
project completion;
(4) Provide oversight of the implementation of projects;
(5) Report to the department in a form established by the
department by rule that ensures project and funding
accountability; and
(6) Incorporate all funding activities into annual audit
provisions as required by law. + }
SECTION 7. ORS 541.379 is amended to read:
541.379. (1) The Watershed Improvement Operating Fund is
established in the State Treasury separate and distinct from the
General Fund. The Watershed Improvement Operating Fund shall
consist of all moneys placed in the fund as provided by law. All
moneys in the Watershed Improvement Operating Fund are
continuously appropriated for the following purposes:
(a) Operational activities of the Oregon Watershed Enhancement
Board;
(b) Activities of state and local agencies and other public
entities related to the restoration and protection of native
salmonid populations, watersheds, fish and wildlife habitats and
water quality, including but not limited to activities under the
Oregon Plan;
{ + (c) Disbursement to the State Department of Agriculture
for activities conducted under the Oregon Conservation Cost Share
Program established pursuant to section 3 of this 2001 Act; + }
{ - (c) - } { + (d) + } Watershed improvement grants
described in ORS 541.399 and 541.401 that are not capital
expenditures; and
{ - (d) - } { + (e) + } Watershed improvement grants
described in ORS 541.399 and 541.401 that are capital
expenditures.
(2) Interest accruing to the Watershed Improvement Operating
Fund shall be credited to the Restoration and Protection Research
Fund created under ORS 541.378. Funds appropriated and not
expended by the completion of a biennium shall remain in the
Watershed Improvement Operating Fund.
(3) The Oregon Watershed Enhancement Board created under ORS
541.360 shall administer the Watershed Improvement Operating
Fund.
(4) In addition to the funds made available for the purposes of
ORS 541.351 to 541.415 under ORS 541.399, the board also may
accept gifts and grants from any public or private source for the
purposes described in subsection (1) of this section.
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