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 910
Senate Bill 303
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,
M.D., for Division of State Lands)
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.
Renames South Slough Estuarine Sanctuary as South Slough
National Estuarine Research Reserve. Allows Division of State
Lands to expand reserve to include lands and interests in lands
in Lower Columbian Biogeographic Region.
A BILL FOR AN ACT
Relating to the South Slough Estuarine Sanctuary; amending ORS
273.251, 273.553, 273.554, 273.556, 273.558 and 327.405.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 273.251 is amended to read:
273.251. Unless the context or a specially applicable
definition requires otherwise, state lands are classified as
follows:
(1) 'Agricultural college lands.' Lands granted to the state by
the Act of July 2, 1862 (12 Stat. 503), and otherwise, for the
support and maintenance of Oregon State University.
(2) 'Farmlands.' Lands acquired by deed, gift, operation of
law, or by the foreclosure of mortgages taken to secure loans
from the common school, agricultural college, university or other
funds.
(3) 'Indemnity lands.' Lands selected to satisfy losses in
sections 16 and 36, as provided by sections 851 and 852 of title
43, United States Code, as amended, or any other laws of the
United States.
(4) 'School lands':
(a) Sections 16 and 36 in each township granted to the state by
the Act of February 14, 1859 (11 Stat. 383).
(b) Lands selected for internal improvements under the Act of
September 4, 1841 (5 Stat. 455), and diverted for common schools
with the consent of Congress by the Joint Resolution of February
9, 1871 (16 Stat. 595).
(c) Lands selected for capitol building purposes under the Act
of February 14, 1859 (11 Stat. 383).
(d) Lands included in the South Slough { - Estuarine
Sanctuary - } { + National Estuarine Research Reserve + } as
described in ORS 273.553.
(5) 'Swamp lands.' Lands claimed by the state under the Act of
September 28, 1850 (9 Stat. 519), and extended to the State of
Oregon by the Act of March 12, 1860 (12 Stat. 3).
(6) 'Submerged lands.' Lands defined as submerged by ORS
274.005.
(7) 'Submersible lands.' Lands defined as submersible by ORS
274.005.
(8) 'University lands.' Lands granted to the state under the
Act of February 14, 1859 (11 Stat. 383), for the support and
maintenance of the University of Oregon.
SECTION 2. ORS 273.553 is amended to read:
273.553. (1) It is the policy of the State of Oregon to
maintain the South Slough of Coos Bay, from Valino Island
southward, inclusive, as a national estuarine { - sanctuary - }
{ + research reserve + }, acquired as the South Slough Estuary
Sanctuary pursuant to chapter 415, Oregon Laws 1975, as the first
estuarine sanctuary in the United States to be created under
Section 312 of the Coastal Zone Management Act of 1972 (P.L.
92-583) { + and redesignated as the South Slough National
Estuarine Research Reserve by federal law (P.L. 99-272). The
reserve also includes land and interests in land in the Oregon
portion of the Lower Columbian Biogeographic Region acquired to
further the policy of this section and of the National Estuarine
Research Reserve System + }. The management policy for the
{ - sanctuary shall be - } { + reserve is + } to:
(a) Maintain the integrity of the { + Coos + } estuary;
(b) Protect the { + Coos + } estuary from uses and activities;
both within and beyond its boundaries, which may alter or affect
the ecosystem and its natural dynamic processes; and
(c) Preserve the { - area - } { + reserve + } for long-term
scientific and educational uses.
(2) Responsibility for completing purchase of the South Slough
{ - Estuarine Sanctuary shall remain - } { + National
Estuarine Research Reserve is + } vested with the Division of
State Lands { - , which shall be the agency acting - } { + .
The division + } { + acts + } for the State of Oregon in any
transaction respecting the purchase of acreage { + and other
interests in land + } for { - such sanctuary - } { + the
reserve + } on or after October 4, 1977.
(3) Except as necessary to achieve the policy set forth in
subsection (1) of this section and any standards established in
the Coastal Zone Management Act of 1972 (P.L. 92-583) or any
rules, regulations or agreements adopted pursuant thereto, the
{ - sanctuary shall be - } { + reserve is + } open to the
public. However, to protect the estuarine ecosystems, public use
of the { - sanctuary shall - } { + reserve may + } be limited
and controlled by the { - commission created under ORS
273.554 - } { + South Slough National Estuarine Research
Reserve Management Commission + } in consultation with any
technical management team established pursuant to an agreement
between the State of Oregon and the Office of { + Ocean and + }
Coastal
{ - Zone - } { + Resource + } Management of the National
Oceanic and Atmospheric Administration of the United States
Department of Commerce. The commission { - created under ORS
273.554 - } shall adopt rules to carry out the intent of this
subsection.
(4) { - Administration of the sanctuary shall be provided by
and pursuant to the authority granted the commission created
under ORS 273.554, - } { + The South Slough National Estuarine
Research Reserve Management Commission shall administer the
reserve, + } subject to any agreement respecting the
{ - sanctuary - } { + reserve + } between the State of Oregon
and the { + federal + } Office of { + Ocean and + }
Coastal { + + } { - Zone - } { + Resource + } Management.
(5) The agency { - which - } { + that + } acquired title to
the { - sanctuary - } { + reserve + } shall cause title to be
cleared in the name of the State of Oregon.
SECTION 3. ORS 273.554 is amended to read:
273.554. (1) For the purpose of providing for the
administration of the South Slough { - Estuarine Sanctuary - }
{ + National Estuarine Research Reserve + } in a manner
consistent with the provisions of ORS 273.553, there is created
the South Slough
{ - Estuarine Sanctuary - } { + National Estuarine Research
Reserve + } Management Commission { + . + } { - which - } { +
The commission + } shall have the authority, in accordance with
the policies formulated by the State Land Board, to:
(a) Conduct the day-to-day operation and management of the
South Slough { - Estuarine Sanctuary - } { + National
Estuarine Research Reserve + } with the administrative support of
the Division of State Lands;
(b) Appoint a manager and other staff necessary to carry out
this section; and
(c) Apply for, receive and expend moneys from the federal
government and from this state or any agency thereof for the
purpose of carrying out this section.
(2) The { - South Slough Estuarine Sanctuary Management - }
commission shall consist of eight members appointed by the
Governor as follows:
(a) A representative of common schools in the area of the
{ - sanctuary - } { + reserve + };
(b) One authorized representative of the Coos County Board of
Commissioners;
(c) One authorized representative of the governing body of the
Port of Coos Bay;
(d) The Director of the Division of State Lands or a designee
thereof { - , who shall serve as permanent chairperson of the
commission - } ;
(e) One authorized representative of the federal Office of
Ocean and Coastal { - Resources - } { + Resource + }
Management;
(f) Two representatives with an interest in marine science, one
from the University of Oregon Institute of Marine Biology at
Charleston and one from Oregon State University; and
(g) One member selected from the general public at large.
(3) The members appointed by the Governor under subsection
(2)(a), (f) and (g) of this section shall serve for terms of four
years and members appointed under subsection (2)(b) and (c) of
this section shall serve for terms of two years. { + The
Director of the Division of State Lands or the designee of the
director, if appointed in place of the director, shall serve as
the permanent chairperson of the commission. + } The commission
shall select one of its members as vice chairperson. The
chairperson and vice chairperson shall have duties and powers
necessary for the performance of the functions of such offices as
the commission determines. The vice chairperson shall act as the
chairperson of the commission in the absence of the chairperson.
The vice chairperson shall serve for a term of one year, subject
to reelection by the commission.
(4) Each member of the commission shall have one vote, except
that the member who is the authorized representative of the
federal Office of Ocean and Coastal { - Resources - } { +
Resource + } Management shall be a nonvoting member. A majority
of the commission constitutes a quorum for the transaction of
business.
(5) Members of the commission are not entitled to compensation,
but in the discretion of the State Land Board may be reimbursed
for actual and necessary travel and other expenses incurred by
them in the performance of their official duties, subject to laws
regulating travel and other expenses of state officers and
employees.
SECTION 4. ORS 273.556 is amended to read:
273.556. (1) The South Slough { - Estuarine Sanctuary - }
{ + National Estuarine Research Reserve + } Management Account
is established in the General Fund of the State Treasury. Except
for moneys otherwise designated by statute, all moneys received
by the South Slough { - Estuarine Sanctuary - } { + National
Estuarine Research Reserve + } Management Commission shall be
paid into the State Treasury and credited to the account. All
moneys in the account are appropriated continuously and shall be
used by the commission for the purpose of carrying out ORS
273.554.
(2) The commission shall keep a record of all moneys deposited
in the account. The record shall indicate by separate cumulative
accounts the source from which the moneys are derived and the
individual activity or program against which each withdrawal is
charged.
SECTION 5. ORS 273.558 is amended to read:
273.558. (1) Violation of a rule adopted under ORS 273.553 (3)
is a Class D violation for each day of violation.
(2) In addition to all other remedies, when it appears to the
South Slough { - Estuarine Sanctuary - } { + National
Estuarine Research Reserve + } Management Commission that a
person has engaged in, or is engaging in, any act which violates
a rule adopted under ORS 273.553 (3), the commission may direct
the Attorney General to apply to the court for an injunction
restraining the person from violating such rule.
SECTION 6. ORS 327.405 is amended to read:
327.405. The Common School Fund shall be composed of the
proceeds from the sales of the 16th and 36th sections of every
township or of any lands selected in lieu thereof, all the moneys
and clear proceeds of all property which may accrue to the state
by escheat or forfeiture, the proceeds of all gifts, devises and
bequests made by any person to the state for common school
purposes, the proceeds of all property granted to the state when
the purpose of such grant is not stated, all proceeds of the sale
of submerged and submersible lands as described in ORS 274.005,
all proceeds of the sale of the South Slough { - Estuarine
Sanctuary - } { + National Estuarine Research Reserve + } as
described in ORS 273.553 in the event such property is sold, and
all proceeds of the sale of the 500,000 acres of land to which
this state is entitled by an Act of Congress approved September
4, 1841, and of all lands selected for capitol building purposes
under Act of Congress approved February 14, 1859. All such
proceeds shall become a part of the Common School Fund. Except as
otherwise provided by law, the income from the Common School Fund
shall be applied exclusively to the support and maintenance of
common schools in each school district. All lawful claims for
repayment of moneys under the provisions of ORS 98.302 to 98.436
and 98.992, or out of escheated estates and for attorney fees and
all other expenses in any suit or proceeding relating to
escheated estates shall be audited by the Division of State Lands
and paid from the Common School Fund Account.
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