71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
SA to A-Eng. HB 3981
 
LC 4261/HB 3981-A5
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3981
 
By COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON, AND WATER
 
                             June 12
 
  On page 1 of the printed A-engrossed bill, line 2, delete ' and
496.176'.
  Delete lines 13 through 21 and delete pages 2 through 6 and
insert:
  '  { +  SECTION 1. + }  { + Section 2 of this 2001 Act is added
to and made a part of ORS 496.171 to 496.182. + }
  '  { +  SECTION 2. + }  { + (1) The State Fish and Wildlife
Commission shall, for each species listed as a threatened or
endangered species under ORS 496.171 to 496.182, create a report
that demonstrates the economic and social impacts that the
resulting species recovery efforts will impose on communities in
this state.  The scope of each report shall be species specific,
shall be as geographically broad as practicable and shall take
into account the attitudes and local customs of residents within
the geographic region affected by the species recovery efforts.
The report shall include, at a minimum, consideration of the
following economic and sociological factors:
  ' (a) The increase or decrease in employment opportunities
resulting from the species recovery efforts and the subsequent
economic and social impacts on the affected communities and this
state;
  ' (b) The types of employment opportunities that will be gained
or lost in the affected communities and this state because of the
species recovery efforts and the subsequent impact on specific
markets or industries, business owners and wage earners and the
quality of life in the affected communities;
  ' (c) The impact on natural resources used by businesses in the
affected communities and this state, including but not limited to
wildlife, timber, minerals, land and water, and the subsequent
impact on the number of employment opportunities, types of
employment opportunities, road and building infrastructure and
other quality of life issues;
  ' (d) The impact on recreational opportunities;
  ' (e) The impact on individual landowners;
  ' (f) The impact on individuals in the affected communities in
terms of quality of life issues, including but not limited to the
number and types of employment opportunities available, changes
in school size, school funding and quality of schools,
availability of medical treatment, road and building
infrastructure, availability of housing and land use regulation;
  ' (g) The impact on local governments;
  ' (h) Additional expenses for state agencies that have land
management or regulatory authority, or that provide social
services;
  ' (i) The impact on Indian tribes, the state or federal
relationship with the tribes, memoranda of agreement or treaties
with the tribes and the contributions of tribal practices toward
assisting in the recovery of the species; and
 
 
  ' (j) The infrastructure that must be developed to recover the
species, the costs of the development of that infrastructure and
the moneys available to complete the development.
  ' (2) After the creation of each report under this section, the
commission shall:
  ' (a) Deliver a copy of the report to the Speaker of the House
of Representatives, the President of the Senate and the
appropriate legislative committees.
  ' (b) Make the report available to the public in printed form
and in electronic form through the World Wide Web.
  ' (c) Utilize the findings of the report to guide commission
action during deliberations or public hearings on species
recovery efforts.
  ' (3) If the commission determines that the species recovery
efforts for a species listed under ORS 496.171 to 496.182 will
result in negative economic or social impacts for a community,
the state shall, when practicable, assist the affected community
with planning, development and funding to mitigate the negative
economic and social impacts. + }
  '  { +  SECTION 3. + } ORS 496.172 is amended to read:
  ' 496.172. In carrying out the provisions of the wildlife laws
with regard to the management of wildlife that is a threatened
species or an endangered species, the State Fish and Wildlife
Commission:
  ' (1) Shall conduct investigations of wildlife species native
to this state and shall determine whether any such species is a
threatened species or an endangered species.
  ' (2) By rule, shall establish and publish, and from time to
time may revise, a list of wildlife species that are threatened
species or endangered species. Listed threatened species or
endangered species shall be protected as provided in ORS 496.182.
  ' (3) Shall work cooperatively with state agencies that have
land management authority or regulatory authority to determine
their roles within their statutory obligations in the
conservation of endangered species, as described in ORS 496.182
(8).
  ' (4) By rule, shall establish a system of permits for
scientific taking of threatened species and endangered species
and shall establish a system of state permits for incidental
taking of state-designated threatened species and endangered
species not listed by the federal government under such terms and
conditions as the commission determines will minimize the impact
on the species taken. An incidental taking permit or statement
issued by a federal agency for a species listed under the federal
Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531), as
amended, shall be recognized by the state as a waiver of any
state protection measures or requirements otherwise applicable to
the actions allowed under the federal permit.
  ' (5) Shall cooperate with the State Department of Agriculture
in carrying out the provisions of ORS 564.105.
  ' (6) Shall adopt administrative rules to carry out the
provisions of ORS 496.171 to 496.182 and 498.026.
  '  { +  (7) By rule, shall create a safe harbor program that,
notwithstanding ORS 496.171 to 496.182, permits an affected
lessee of state land to enter into an agreement with the
commission that outlines the lessee's responsibilities in the
protection of a species listed under subsection (2) of this
section that is located on the leased property. Nothing in this
subsection shall be construed to affect the lessee's
responsibilities under federal law.
  ' (8) By rule, shall create a candidate conservation program
that, notwithstanding ORS 496.171 to 496.182, permits a person
that would be affected by the listing of a species as a
threatened species or an endangered species under subsection (2)
of this section to enter into an agreement with a state agency
that outlines a plan to reduce existing threats or endangerment
to a species to avoid the listing of the species as a threatened
species or an endangered species. + } ' .
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