72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
House Bill 2179
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for the Division of State Lands)
CHAPTER ................
AN ACT
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
Enrolled House Bill 2179 (HB 2179-A) Page 1
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 + }:
Enrolled House Bill 2179 (HB 2179-A) Page 2
(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. + }
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Passed by House July 17, 2003
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate July 29, 2003
...........................................................
President of Senate
Enrolled House Bill 2179 (HB 2179-A) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled House Bill 2179 (HB 2179-A) Page 4