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 3310
A-Engrossed
Senate Bill 945
Ordered by the Senate April 26
Including Senate Amendments April 26
Sponsored by COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON,
AND WATER
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 submit biennial
report to Governor and { - legislature - } { + appropriate
committees of Legislative Assembly + } on implementation of
Oregon Plan. { + Directs that report be submitted by January 15
of odd-numbered years. Requires board to report regularly during
interim to joint legislative committee on Oregon Plan.
Requires watershed enhancement program developed by board to
include statewide monitoring program for activities conducted
under Oregon Plan.
Adopts mission and goals for Oregon Plan. Defines statutes and
activities that are included in Oregon Plan. + }
A BILL FOR AN ACT
Relating to the implementation of the Oregon Plan; creating new
provisions; amending ORS 541.365 and 541.405; and repealing ORS
541.355.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Oregon Watershed Enhancement Board
shall, by January 15 of each odd-numbered year, submit a report
to the Governor and to the appropriate committee or committees of
the Legislative Assembly that assess the implementation and
effectiveness of the Oregon Plan in the state. The report shall
address each drainage basin in the state and shall include, but
need not be limited to:
(a) A status report on watershed and key habitat conditions in
the drainage basin based on available information;
(b) An assessment of data and information needs deemed critical
to monitoring and evaluating watershed and habitat enhancement
programs and efforts;
(c) An overview of state agency programs addressing watershed
conditions;
(d) An overview of voluntary restoration activities addressing
watershed conditions;
(e) A summary of investments made by the board from funds
received under section 4b, Article XV of the Oregon Constitution,
and all other sources; and
(f) The recommendations of the board for enhancing the
effectiveness of Oregon Plan implementation in each drainage
basin.
(2) In order to provide the board with the information
necessary to complete the report described in subsection (1) of
this section, each natural resources agency shall provide
information requested by the board in the format and at the times
determined by the board.
(3) For purposes of this section, 'natural resources agency'
includes:
(a) Department of Environmental Quality;
(b) State Department of Agriculture;
(c) State Department of Fish and Wildlife;
(d) State Forestry Department;
(e) Division of State Lands;
(f) Water Resources Department;
(g) Department of Land Conservation and Development;
(h) State Department of Geology and Mineral Industries;
(i) Oregon Watershed Enhancement Board;
(j) Fish and Wildlife Division of the Department of State
Police;
(k) Department of Transportation;
(L) State Parks and Recreation Department;
(m) Economic and Community Development Department;
(n) State Marine Board; and
(o) Any other state agency that is required to manage, allocate
or protect natural resources, either as the primary
responsibility of the agency or in conjunction with the primary
responsibilities of the agency.
(4) In addition to the report specified under subsection (1) of
this section, the Oregon Watershed Enhancement Board shall report
regularly during the interim on the implementation of the Oregon
Plan to the joint legislative committee created under ORS
171.551. + }
SECTION 2. { + Notwithstanding the term of office specified in
ORS 541.409 for members of the Independent Multidisciplinary
Science Team, on the effective date of this 2001 Act the terms of
office of the members of the team shall end and the members of
the team shall be reappointed in the following manner:
(1) Two shall serve for a term ending July 1, 2003.
(2) Two shall serve for a term ending July 1, 2004.
(3) Two shall serve for a term ending July 1, 2005.
(4) One shall serve for a term ending July 1, 2006. + }
SECTION 3. ORS 541.365 is amended to read:
541.365. { + (1) + } { - A watershed enhancement program
shall be conducted by - } The Oregon Watershed Enhancement Board
{ + shall conduct a watershed enhancement program + } to benefit
all users of the waters of this state. The { - program shall be
conducted - } { + board shall conduct the program + } in a
manner that provides the greatest possible opportunity for
volunteer participation to achieve the goals of the program.
{ + (2) The program developed under this section shall
include development and implementation, in coordination with the
natural resource agencies of the state, of a statewide monitoring
program for activities conducted under the Oregon Plan. + }
SECTION 4. 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 { + is guided by the
following mission and goals + }:
{ + (a) The mission of the Oregon Plan is to restore the
watersheds of Oregon and to recover the fish and wildlife
populations of those watersheds to productive and sustainable
levels in a manner that provides substantial environmental,
cultural and economic benefits.
(b) The goals of the Oregon Plan that guide the citizens of
Oregon in achieving the mission of the Oregon Plan are the:
(A) Establishment and maintenance of an infrastructure that
provides long-term continuity in leadership, direction and
oversight of watershed restoration and species recovery.
(B) Continued opportunity for a wide range of natural resource
uses that are consistent with watershed restoration and species
recovery.
(C) Implementation of existing laws and environmental
regulations to achieve the mission before enacting new laws and
environmental regulations.
(D) Development and maintenance of funding for programs to
protect and restore watersheds.
(E) Development of expectations for the sustainability of
interrelated natural resources that accurately reflect a
scientific understanding of the physical and biological
constraints of the ecosystem.
(F) Enhancement of habitat available to support healthy
populations of fish and wildlife throughout the state.
(G) Production of populations of threatened or endangered
species to achieve levels of natural production consistent with
overall restoration goals.
(H) Establishment of a science-based system that supports
evaluation of the Oregon Plan and provides a basis for making
appropriate future changes to management programs.
(I) Coordination of activities and programs among federal,
state and local governments and other entities.
(J) Use of voluntary and collaborative processes to achieve the
mission of the Oregon Plan whenever possible.
(2) The Oregon Plan is a comprehensive program for the
protection and recovery of species and for the restoration of
watersheds throughout this state. The Oregon Plan combines the
regulatory and other actions of state and federal agencies and
local governments with voluntary watershed restoration by private
landowners and others. The Oregon Plan includes, but is not
limited to:
(a) Programs and policies found in the following statutes:
(A) ORS 196.600 to 196.905;
(B) ORS chapter 197;
(C) ORS chapter 274;
(D) ORS chapter 366;
(E) ORS chapter 390;
(F) ORS chapters 459, 459A, 465, 466, 468, 468A and 468B;
(G) ORS 469.300 to 469.563, 469.590 to 469.619, 469.930 and
469.992;
(H) ORS chapter 477;
(I) ORS chapters 496, 497, 498, 501, 506, 507, 508, 509 and
511;
(J) ORS 517.702 to 517.989;
(K) ORS 527.310 to 527.370, 527.610 to 527.770, 527.990 (1) and
527.992;
(L) ORS chapter 530;
(M) ORS chapters 536 to 543A;
(N) ORS 543A.005 to 543A.415; and
(O) ORS 568.210 to 568.808 and 568.900 to 568.933;
(b) Commitments of state agencies in the form of measures;
(c) Actions of local governments and federal agencies taken in
coordination with the state and consistent with the purposes of
the Oregon Plan;
(d) Voluntary activities undertaken by watershed councils, soil
and water conservation districts, landowners and other entities
and consistent with the purposes of the Oregon Plan;
(e) Scientific review by the Independent Multidisciplinary
Science Team, and others, of the activities performed under the
Oregon Plan; + }
{ - (a) - } { + (f) + } { - Includes - } Programs and
activities identified to address a coordinated approach for the
recovery of native { - salmon - } { + salmonid + } populations
within Oregon;
{ - (b) - } { + (g) + } { - 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; { + and + }
{ - (c) - } { + (h) + } { - Includes - } Programs for
the restoration and enhancement of multiple species and of the
habitat of those species { - ; and - } { + . + }
{ - (d) - } { + (3) The Oregon Plan + } 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 ORS 171.551 and 171.553.
{ - (2) - } { + (4) + } 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) - } { + (5) + } 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 5. { + ORS 541.355 is repealed. + }
----------