72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 3616
LC 3160/HB 3616-3
HOUSE AMENDMENTS TO
HOUSE BILL 3616
By COMMITTEE ON WATER
May 9
On page 1 of the printed bill, line 3, delete 'and 308A.743'
and insert ', 308A.743, 526.041, 527.670 and 527.710'.
In line 4, after '215.806' delete the rest of the line and
insert ', 215.808 and 527.662.'.
On page 3, delete lines 27 and 28 and insert:
' (2) The department shall review each submitted plan for
compliance with the standards set forth in the rules adopted
under section 5 of this 2003 Act and shall determine if the plan
is being implemented.'.
In line 30, after 'Act' insert 'and is being implemented'.
In line 32, after 'department' insert 'and that the landowner
has begun implementing'.
Delete lines 37 through 41 and insert:
' { + SECTION 7. + } { + State Fish and Wildlife Commission
approval. (1) At the request of the governing body of a county,
the State Fish and Wildlife Commission may designate the
following land in unincorporated areas within the county as
eligible for wildlife habitat special assessment:
' (a) Any land that is zoned for exclusive farm use, mixed farm
and forest use or forest use under a land use planning goal
protecting agricultural land or forestland; or
' (b) Land that is clearly identifiable as containing
significant wildlife habitat.
' (2) At the request of the governing body of a city, the
commission may designate the following land within the city as
eligible for wildlife habitat special assessment:
' (a) Any land that is zoned for exclusive farm use, mixed farm
and forest use or forest use under a land use planning goal
protecting agricultural land or forestland; or
' (b) Land that is clearly identifiable as containing
significant wildlife habitat.
' (3) With the prior consent of the governing body of a city,
the county in which all or a part of the city is located may
apply to the commission on behalf of the city for designation of
any area that is within both the city and the county as eligible
for wildlife habitat special assessment.
' (4) The commission may designate land described in subsection
(1) or (2) of this section as eligible for wildlife habitat
special assessment only if the commission finds:
' (a) That designation will promote the findings in section 1
of this 2003 Act and the policy in section 3 of this 2003 Act;
and
' (b) That the land described in subsection (1) or (2) of this
section is of the nature and quality to allow for implementation
of wildlife habitat conservation and management plans approved
under rules adopted pursuant to section 5 of this 2003 Act.
' (5) Land may not qualify for wildlife habitat special
assessment under section 8 of this 2003 Act unless the commission
has determined that the land is eligible for wildlife habitat
special assessment under this section. + }
' { + SECTION 7a. + } { + (1) The governing body of the city
or county that requested designation under section 7 of this 2003
Act may request that the State Fish and Wildlife Commission
remove that designation.
' (2) The commission shall remove the designation if:
' (a) The city or county demonstrates that the designation
creates an economic burden for the city or county; and
' (b) The commission finds that the economic burden is
significant. + }
' { + SECTION 7b. + } { + A determination by the State Fish
and Wildlife Commission to designate land as eligible for
wildlife habitat special assessment under section 7 of this 2003
Act or to remove that designation under section 7a of this 2003
Act shall for property tax purposes be effective as of the tax
year beginning the July 1 immediately following the
determination. + } ' .
On page 5, delete lines 41 through 45 and insert:
' (4) Land under a dwelling on a lot or parcel that is
specially assessed under sections 3 to 10 of this 2003 Act shall
qualify for special assessment under ORS 308A.256 if the land
associated with the homesite:
' (a) Was the subject of an application for wildlife habitat
special assessment under section 8 of this 2003 Act and includes
an existing homesite that was specially assessed under one of the
special assessments listed in ORS 308A.703 (1) during the
assessment year prior to application; or'.
On page 8, line 12, delete the second 'of the date'.
On page 12, delete lines 34 through 45 and delete pages 13 and
14 and insert:
' { + NOTE: + } Sections 22 through 30 were deleted by
amendment. Subsequent sections were not renumbered.'.
On page 15, delete lines 1 through 40.
On page 17, after line 19, insert:
' (3) Any county that has not forbidden, by a resolution or
other decision of the county governing body, the establishment of
wildlife habitat conservation and management plans as of January
1, 2003, pursuant to ORS 215.802 (2), as amended and in effect on
January 1, 2003, shall be deemed to have the land described in
section 7 (1) of this 2003 Act designated as eligible for
wildlife habitat special assessment under section 7 of this 2003
Act.'.
In line 38, delete 'or sections 23 to 29 of this 2003 Act'.
On page 18, after line 16, insert:
'
{ + OTHER REPEALS + }
' { + SECTION 37. + } { + ORS 527.662 is repealed. + }
' { + SECTION 38. + } ORS 526.041 is amended to read:
' 526.041. The forester, under the general supervision of the
State Board of Forestry, shall:
' (1) In compliance with ORS 183.310 to 183.550, promulgate
rules consistent with law for the enforcement of the state forest
laws relating directly to the protection of forestland and the
conservation of forest resources.
' (2) Appoint and instruct fire wardens as provided in ORS
chapter 477.
' (3) Direct the improvement and protection of forestland owned
by the State of Oregon.
' (4) Collect data relative to forest conditions.
' (5) Take action authorized by law to prevent and extinguish
forest, brush and grass fires.
' (6) Enforce all laws pertaining to forestland and prosecute
violations of such laws.
' (7) Cooperate with landowners, political subdivisions,
private associations and agencies and others in forest
protection.
' (8) Advise and encourage reforestation.
' (9) Publish such information on forestry as the forester
determines to be in the public interest.
' (10) Enter into contracts and cooperative agreements
pertaining to experiments and research in forestry.
' (11) Sell, exchange or otherwise dispose of any real property
heretofore or hereafter acquired by the board for administrative
purposes and no longer needed.
' (12) Coordinate any activities of the State Forestry
Department related to a watershed enhancement project approved by
the Oregon Watershed Enhancement Board under ORS 541.375 with
activities of other cooperating state and federal agencies
participating in the project.
' (13) Prescribe uniform state standards for certification of
wildland fire training courses and educational programs.
' { - (14) Enter into stewardship agreements with owners of
forestland pursuant to ORS 527.662, to achieve the purposes of
the Oregon Forest Practices Act. - }
' { + SECTION 39. + } ORS 527.670 is amended to read:
' 527.670. (1) The State Board of Forestry shall designate the
types of operations for which notice shall be required under this
section.
' (2) The board shall determine by rule what types of
operations require a written plan to be approved by the State
Forester.
' (3)(a) The board's determination under subsection (2) of this
section shall require a written plan for operations:
' (A) Within one hundred feet of a stream determined by the
State Forester to be used by fish or for domestic use, unless the
board, by rule, provides that a written plan is not required
because the proposed operation will be conducted according to a
general vegetation retention prescription described in
administrative rule;
' (B) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a); or
' (C) That will result in harvest type 3 in excess of 120 acres
pursuant to ORS 527.750.
' (b) Plans submitted under paragraph (a)(C) of this subsection
are not subject to appeal under ORS 527.700 (3).
' { - (c) Notwithstanding paragraph (a) of this subsection,
written plans shall not be required for operations conducted in
accordance with a stewardship agreement as described in ORS
527.662. - }
' (4) The distances set forth in subsection (3)(a)(A) and (B)
of this section are solely for the purpose of defining an area
within which a hearing may be requested under ORS 527.700 and not
the area to be protected by the board's rules adopted pursuant to
ORS 527.710 (3)(c).
' (5) For the purpose of determining the distances set forth in
subsection (3)(a)(A) and (B) of this section 'site' means the
specific resource site and not any additional buffer area.
' (6) An operator, timber owner or landowner, before commencing
an operation, shall notify the State Forester. The notification
shall be on forms provided by the State Forester and shall
include the name and address of the operator, timber owner and
landowner, the legal description of the operating area, and any
other information considered by the State Forester to be
necessary for the administration of the rules promulgated by the
board pursuant to ORS 527.710. Promptly upon receipt of such
notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not
submit the notification. The State Forester shall send a copy of
notices involving chemical applications to persons within 10
miles of the chemical application who hold downstream surface
water rights pursuant to ORS chapter 537, if such a person has
requested that notification in writing. The board shall adopt
rules specifying the information to be contained in the notice.
All information filed with the State Forester pertaining to
chemical applications shall be public record.
' (7) An operator, timber owner or landowner, whichever filed
the original notification, shall notify the State Forester of any
subsequent change in the information contained in the
notification.
' (8) Within three working days of receipt of a notice or a
written plan filed under subsection (6) or (7) of this section,
the State Forester shall send a copy of the notice or written
plan to any person who requested of the State Forester in writing
that the person be sent copies of notice and written plan and who
has paid any applicable fee established by the State Forester for
such service. The State Forester may establish a fee for sending
copies of notices and written plans under this subsection not to
exceed the actual and reasonable costs. In addition, the State
Forester shall send a copy of the notification to the Department
of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through
written cooperative agreement by the parties involved.
' (9) Persons may submit written comments pertaining to the
operation to the State Forester within 14 calendar days of the
date the notice or written plan was filed with the State Forester
under subsection (2), (6) or (7) of this section. Notwithstanding
the provisions of this subsection, the State Forester may waive
any waiting period for operations not requiring a written plan
under subsection (3) of this section, except those operations
involving aerial application of chemicals.
' (10) Whenever an operator, timber owner or landowner is
required to submit a written plan of operations to the State
Forester under subsection (3)(a)(A) or (B) of this section, the
State Forester shall not approve any such written plan until 14
calendar days following the date the written plan was filed with
the State Forester. An operation may commence upon approval of
the written plan.
' (11)(a) The State Forester shall issue a decision on a
written plan within five working days after the end of the 14-day
period described in subsection (10) of this section.
' (b) If the State Forester fails to issue a decision within
five working days after the end of the 14-day period described in
subsection (10) of this section, the written plan shall be deemed
approved and the operation may be commenced.
' (12) When the operation is required to have a written plan
under subsection (3)(a)(A) or (B) of this section and comments
have been timely filed under subsection (9) of this section
pertaining to the operation requiring a written plan, the State
Forester shall:
' (a) Send a copy of the approved written plan to persons who
submitted timely written comments under subsection (9) of this
section pertaining to the operation; and
' (b) Send to the operator, timber owner and landowner a copy
of the approved written plan and copies of all timely comments
submitted under subsection (9) of this section.
' { + SECTION 40. + } ORS 527.710 is amended to read:
' 527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
' (2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
' (a) Air quality;
' (b) Water resources, including but not limited to sources of
domestic drinking water;
' (c) Soil productivity; and
' (d) Fish and wildlife.
' (3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
' (A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
' (B) Sensitive bird nesting, roosting and watering sites;
' (C) Biological sites that are ecologically and scientifically
significant; and
' (D) Significant wetlands.
' (b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
' (c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
' (4) Before adopting rules under subsection (1) of this
section, the board shall consult with other agencies of this
state or any of its political subdivisions that have functions
with respect to the purposes specified in ORS 527.630 or programs
affected by forest operations. Agencies and programs subject to
consultation under this subsection include, but are not limited
to:
' (a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
' (b) Mining operation programs administered by the Department
of Geology and Mineral Industries under ORS 516.010 to 516.130
and ORS chapter 517;
' (c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
' (d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.480 to 358.545, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
' (e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
' (f) Removal and fill, natural heritage conservation and
natural heritage conservation tax incentive programs administered
by the State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591 and 541.700 to 541.990;
' (g) Federal Safe Drinking Water Act programs administered by
the Department of Human Services under ORS 448.273 to 448.990;
' (h) Natural heritage conservation programs administered by
the Natural Heritage Advisory Council under ORS 273.553 to
273.591;
' (i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
' (j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
' (k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
' (5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
' (6) The board shall adopt rules to meet the purposes of
another agency's regulatory program where it is the intent of the
board to administer the other agency's program on forestland and
where the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
' (7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630 { - , including but not limited to stewardship
agreements as described in ORS 527.662 - } .
' (b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
' (8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
' (9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
' (b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
' (c) The board, in consultation with appropriate state
agencies, shall study and identify methods for restoring or
enhancing fish and wildlife populations through restoration and
rehabilitation of sites beneficial to fish and wildlife.
' (d) The board shall adopt rules to implement the findings of
this subsection.
' (10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
' (11) In addition to its responsibilities under subsections
(1) to (3) of this section, the board shall adopt rules to reduce
the risk of serious bodily injury or death caused by a rapidly
moving landslide directly related to forest practices. The rules
shall consider the exposure of the public to these safety risks
and shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.'.
In line 20, delete '37' and insert '41'.
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