Chapter 661 Oregon Laws 2003

AN ACT

HB 2179

Relating to the Natural Heritage Program; amending ORS 273.563, 273.576 and 352.239; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 273.563 is amended to read:

273.563. As used in ORS 273.563 to 273.591, unless the context requires otherwise:

(1) “Agency” means a local, state or federal agency, board, commission or department.

(2) “Board” means the State Land Board.

(3) “Candidate natural area” means a natural resource area that may be considered for registration or dedication.

(4) “Commodity” means timber, minerals, livestock, agricultural products or any other product of the land which is an important economic resource.

(5) “Council” means the Natural Heritage Advisory Council established in ORS 273.571.

(6) “Data bank” means the Natural Heritage Program element inventory of element classification, data analysis, priority setting, owner and other data [provided in ORS 273.576 (1)(a)] maintained by the Institute for Natural Resources under ORS 352.239.

(7) “Dedicate” means the formal recognition and protection of a natural area for natural heritage conservation purposes.

(8) “Elements” means both the natural heritage resources and the special species.

(9) “Instrument” means any written document intended to convey an interest in real property under ORS 93.710, or an agreement between parties according to the Natural Heritage Program or the Oregon Natural Heritage Plan.

(10) “Natural area” means a unit of land or water or both that may be considered for dedication under ORS 273.563 to 273.591 and that has substantially retained its natural character, or, if altered in character, shall in addition to its natural heritage resource values, be valuable as habitat for plant and animal species or for the study and appreciation of the natural features.

(11) “Natural heritage conservation area” means an area dedicated under the provisions of ORS 273.586.

(12) “Natural heritage resources” means the terrestrial ecosystem types, aquatic ecosystem types and unique geologic types as defined in the Oregon Natural Heritage Plan or a unit of land or water that contains a natural resource.

(13) “Plan” means the Oregon Natural Heritage Plan established under ORS 273.576, which governs the Natural Heritage Program in selecting areas for natural heritage conservation.

(14) “Program” means the Natural Heritage Program as established in ORS 273.566.

(15) “Register” means the Oregon Register of Natural Heritage Areas established under ORS 273.581.

(16) “Special species” means those species of plants and animals determined by the council to be significant in value in a natural heritage conservation area and defined in the Oregon Natural Heritage Plan.

SECTION 2. ORS 273.576 is amended to read:

273.576. (1)(a) The State Land Board, with the assistance of the Natural Heritage Advisory Council, shall maintain a natural heritage office to provide assistance in the selection and nomination of areas containing natural heritage elements for registration or dedication. [The office shall maintain a classification of natural heritage elements, an inventory of their locations and a data bank for such information. All data obtained after October 3, 1979, through personal observation on private land shall be entered into the data bank only with the written permission of the landowner.]

(b) The Oregon Natural Heritage Plan established by ORS 273.578 shall govern the Natural Heritage Program in the conduct of activities to create and manage a system of natural heritage conservation areas which are complementary to and consistent with the research natural area program on federal lands in Oregon. This plan lists the natural heritage elements that should be represented on the Oregon Register of Natural Heritage Areas and in natural heritage conservation areas and provides criteria for the selection and approval of candidate natural areas for registration and dedication under ORS 273.563 to 273.591. In selecting natural heritage conservation areas, the inclusion of natural heritage resources, and especially those which are not adequately protected elsewhere, shall be given primary consideration. Inclusion and protection of special species shall be an important additional consideration in selecting natural heritage conservation areas, and wherever possible, individual species shall be protected in association with natural heritage resources or in assemblages of those species determined by the council to have special significance.

(2) The board may advise owners of natural heritage conservation areas concerning the management and use of such areas and may make available to state, federal and local agencies that manage lands within Oregon, information concerning the conservation of natural heritage elements.

(3) The board may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any foundation, individual or organization for the purpose of carrying out the provisions of ORS 273.563 to 273.591.

SECTION 3. ORS 352.239 is amended to read:

352.239. (1) There is created within the Department of Higher Education the Institute for Natural Resources. The Institute for Natural Resources shall be administered by Oregon State University.

(2) [The purpose of] The Institute for Natural Resources [is to] shall serve the following purposes:

(a) Serve as a clearinghouse for scientifically based natural resources information[;].

(b) Provide scientifically based natural resources information to the public in integrated and accessible formats[;].

(c) Coordinate efforts with other state agencies and bodies to provide natural resources information to the public in a comprehensive manner[;].

(d) Facilitate and conduct research[; and].

(e) Provide information and technical tools to assist decision-making on natural resources issues.

(f) Assist the State Land Board in carrying out the Natural Heritage Program by maintaining a data bank containing a classification of natural heritage elements and an inventory of the locations of the elements. All data obtained through personal observation on private land by employees of Oregon State University working in the Natural Heritage Program may be entered into the data bank only with the written permission of the landowner.

(3) Using existing resources, state agencies designated by the Governor shall enter into a memorandum of understanding, or other agreement deemed appropriate by the Governor, with the institute that defines and clarifies the roles and responsibilities of the agencies in order to prevent duplication of effort and to ensure that agency resources are used efficiently.

(4) State agencies may contract with the institute to fulfill agency needs regarding the collection, storage, integration, analysis, dissemination and monitoring of natural resources information and natural resources research and training.

SECTION 4. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor August 14, 2003

Filed in the office of Secretary of State August 15, 2003

Effective date August 14, 2003

__________