72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 311
Sponsored by Senator MESSERLE (at the request of Division of
State Lands)
CHAPTER ................
AN ACT
Relating to the administration of state lands; creating new
provisions; and amending ORS 98.356, 196.674, 196.800, 196.825,
196.850, 196.905, 196.910, 273.006, 273.041, 273.105, 273.141,
273.161, 273.413, 273.551, 274.005, 274.735, 274.740, 274.780,
274.960, 566.310 and 566.340.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 273.041 is amended to read:
273.041. The { - Division - } { + Department + } of State
Lands is created, and consists of the Director of the
{ - Division - } { + Department + } of State Lands and all
officers and employees of the { - division - }
{ + department + } acting under the State Land Board. Subject to
ORS 273.171, the
{ - division - } { + department + } shall exercise all of the
administrative functions exercised by the clerk and other
personnel of the State Land Board before January 1, 1968.
SECTION 2. { + (1) The amendments to ORS 273.041 by section 1
of this 2003 Act are intended to change the name of the Division
of State Lands to the Department of State Lands.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Division of
State Lands, wherever they occur in Oregon Revised Statutes,
other words designating the Department of State Lands. + }
SECTION 3. ORS 273.161 is amended to read:
273.161. (1) The State Land Board shall appoint a Director of
the { - Division - } { + Department + } of State Lands to
serve for a term of four years, subject to removal at the
discretion of the board.
(2) The director shall receive such salary as is fixed by the
board. In addition to salary, subject to applicable law
regulating travel and other expenses of state officers, the
director shall be reimbursed for actual and necessary travel and
other expenses incurred in the performance of official duties.
(3) The salaries and other expenses of the director and
employees of the { - Division - } { + Department + } of State
Lands shall be paid out of revenues accruing to the Common School
Fund.
SECTION 4. { + (1) The amendments to ORS 273.161 by section 3
of this 2003 Act are intended to change the name of the Director
Enrolled Senate Bill 311 (SB 311-INTRO) Page 1
of the Division of State Lands to the Director of the Department
of State Lands.
(2) For the purpose of harmonizing and clarifying statute
sections published in Oregon Revised Statutes, the Legislative
Counsel may substitute for words designating the Director of the
Division of State Lands, wherever they occur in Oregon Revised
Statutes, other words designating the Director of the Department
of State Lands. + }
SECTION 5. ORS 98.356 is amended to read:
98.356. (1) The { - Division - } { + Department + } of
State Lands shall publish notice of owners' unclaimed accounts
reported under ORS 98.352. The notice shall be published at least
twice in a newspaper or other generally circulated periodical
published in this state. The { - division - }
{ + department + } may publish such notices at intervals to
locate owners of accounts received under ORS 98.352 (4) in an
expedient manner, but shall complete publication of all such
accounts within one year of remittance.
(2) The { - division - } { + department + } is not required
to publish in such notice any item of less than $100 unless the
{ - division - } { + department + } deems such publication to
be in the public interest.
(3) This section is not applicable to sums payable on
traveler's checks or money orders presumed abandoned under ORS
98.309.
(4) The { - division - } { + department + } shall undertake
reasonable efforts to locate owners of unclaimed property
reported to the
{ - division - } { + department + } under ORS 98.352. The
costs of such efforts may be deducted from the proceeds that are
paid to the owners when and if an owner is located. The
{ - division - } { + department + } shall specify, by rule, a
maximum percentage of costs that may be deducted from a verified
claim for unclaimed property.
(5) The { - division shall not - } { + Department of State
Lands may not + } disclose to the general public any confidential
information provided by the Department of Revenue from taxpayer
returns.
SECTION 6. ORS 196.674 is amended to read:
196.674. (1) The { - Division - } { + Department + } of
State Lands shall compile and maintain a comprehensive Statewide
Wetlands Inventory.
(2) In compiling the Statewide Wetlands Inventory, the
{ - division - } { + department + } shall develop, by rule, a
system for uniform wetland identification, delineation and
comprehensive mapping. Initial inventories shall be based upon
the National Wetlands Inventory prepared by the United States
Department of the Interior, Fish and Wildlife Service. The
{ - division - } { + Department of State Lands + } shall
consult with the public, local governments and affected state and
federal agencies concerning the accuracy of the inventory.
(3) The { - division - } { + Department of State Lands + }
shall revise the inventory maps as new or more complete
information becomes available.
(4) The { - division - } { + Department of State Lands + }
shall provide each city and county planning office with copies of
the Statewide Wetlands Inventory covering the local jurisdiction.
(5) The { - division - } { + Department of State Lands + }
shall provide each state agency with a copy of the inventory upon
request.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 2
(6) Copies of the Statewide Wetlands Inventory shall be made
available to the general public, through the { - division - }
{ + Department of State Lands + }, upon payment of a fee to
offset administrative and reproduction costs.
(7) A wetland inventory developed by another party may be
utilized by the { - division - } { + Department of State
Lands + } if it is consistent with standards adopted pursuant to
this section, after consulting with the affected local
government, and is reviewed and approved by the
{ - division - } { + Department of State Lands + } as
complying with the standards adopted pursuant to subsection (2)
of this section.
(8) Nothing in this section shall restrict the regulatory
jurisdiction of the { - division - } { + Department of State
Lands + } under ORS 196.800 to 196.905.
(9) In compiling and updating the Statewide Wetlands Inventory,
the { - division - } { + Department of State Lands + } shall
identify opportunities for wetland creation, restoration and
enhancement when the information is available.
SECTION 7. ORS 196.800 is amended to read:
196.800. As used in ORS 196.600 to 196.905, unless the context
requires otherwise:
(1) 'Channel relocation' means a change in location of a
channel in which a new channel is dug and the flow is diverted
from the old channel into the new channel if more than 50 cubic
yards of material is removed in constructing the new channel or
if it would require more than 50 cubic yards of material to
completely fill the old channel.
{ + (2) 'Department' means the Department of State Lands. + }
{ - (2) - } { + (3) + } 'Director' means the Director of
the { - Division - } { + Department + } of State Lands.
{ - (3) 'Division' means the Division of State Lands. - }
(4) 'Estuary' means a body of water semienclosed by land and
connected with the open ocean within which salt water is usually
diluted by fresh water derived from the land. 'Estuary ' includes
all estuarine waters, tidelands, tidal marshes and submerged
lands extending upstream to the head of tidewater. However, the
Columbia River Estuary extends to the western edge of Puget
Island.
(5) 'Fill' means the total of deposits by artificial means
equal to or exceeding 50 cubic yards or more of material at one
location in any waters of this state.
(6) 'General authorization' means a rule adopted by the
director authorizing, without a permit from the
{ - division - } { + department + }, a category of activities
involving removal or fill, or both, on a statewide or other
geographic basis.
(7) 'Governmental body' includes the federal government when
operating in any capacity other than navigational servitude, the
State of Oregon and every political subdivision therein.
(8) 'Intermittent stream' means any stream which flows during a
portion of every year and which provides spawning, rearing or
food-producing areas for food and game fish.
(9) 'Material' means rock, gravel, sand, silt and other
inorganic substances removed from waters of this state and any
materials, organic or inorganic, used to fill waters of this
state.
(10) 'Mitigation' means the reduction of adverse effects of a
proposed project by considering, in the following order:
Enrolled Senate Bill 311 (SB 311-INTRO) Page 3
(a) Avoiding the impact altogether by not taking a certain
action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of
the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating or
restoring the affected environment;
(d) Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
action by monitoring and taking appropriate corrective measures;
and
(e) Compensating for the impact by replacing or providing
comparable substitute wetland or water resources.
(11) 'Public use' means a publicly owned project or a privately
owned project that is available for use by the public.
(12) 'Removal' means the taking of more than 50 cubic yards or
the equivalent weight in tons of material in any waters of this
state in any calendar year; or the movement by artificial means
of an equivalent amount of material on or within the bed of such
waters, including channel relocation.
(13) 'Water resources' includes not only water itself but also
aquatic life and habitats therein and all other natural resources
in and under the waters of this state.
(14) 'Waters of this state' means natural waterways including
all tidal and nontidal bays, intermittent streams, constantly
flowing streams, lakes, wetlands and other bodies of water in
this state, navigable and nonnavigable, including that portion of
the Pacific Ocean which is in the boundaries of this state.
'Waters of this state' does not include the ocean shore, as
defined in ORS 390.605, with the exception of those areas where
removal or fill activities are regulated under a state-assumed
permit program as provided in 33 U.S.C. 1344(g) of the Federal
Water Pollution Control Act, as amended.
(15) 'Wetland conservation plan' means a written plan providing
for wetland management containing a detailed and comprehensive
statement of policies, standards and criteria to guide public and
private uses and protection of wetlands, waters and related
adjacent uplands and which has specific implementing measures and
which apply to designated geographic areas of the State of
Oregon.
(16) 'Wetlands' means those areas that are inundated or
saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.
SECTION 8. ORS 196.800, as amended by section 1, chapter 516,
Oregon Laws 2001, is amended to read:
196.800. As used in ORS 196.600 to 196.905, unless the context
requires otherwise:
(1) 'Channel relocation' means a change in location of a
channel in which a new channel is dug and the flow is diverted
from the old channel into the new channel.
{ + (2) 'Department' means the Department of State Lands. + }
{ - (2) - } { + (3) + } 'Director' means the Director of
the { - Division - } { + Department + } of State Lands.
{ - (3) 'Division' means the Division of State Lands. - }
(4) 'Estuary' means a body of water semienclosed by land and
connected with the open ocean within which salt water is usually
diluted by fresh water derived from the land. 'Estuary ' includes
all estuarine waters, tidelands, tidal marshes and submerged
lands extending upstream to the head of tidewater. However, the
Enrolled Senate Bill 311 (SB 311-INTRO) Page 4
Columbia River Estuary extends to the western edge of Puget
Island.
(5) 'Fill' means the deposit by artificial means of material at
one location in any waters of this state.
(6) 'General authorization' means a rule adopted by the
director authorizing, without a permit from the
{ - division - } { + department + }, a category of activities
involving removal or fill, or both, on a statewide or other
geographic basis.
(7) 'Governmental body' includes the federal government when
operating in any capacity other than navigational servitude, the
State of Oregon and every political subdivision therein.
(8) 'Intermittent stream' means any stream which flows during a
portion of every year and which provides spawning, rearing or
food-producing areas for food and game fish.
(9) 'Material' means rock, gravel, sand, silt and other
inorganic substances removed from waters of this state and any
materials, organic or inorganic, used to fill waters of this
state.
(10) 'Mitigation' means the reduction of adverse effects of a
proposed project by considering, in the following order:
(a) Avoiding the impact altogether by not taking a certain
action or parts of an action;
(b) Minimizing impacts by limiting the degree or magnitude of
the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating or
restoring the affected environment;
(d) Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
action by monitoring and taking appropriate corrective measures;
and
(e) Compensating for the impact by replacing or providing
comparable substitute wetland or water resources.
(11) 'Public use' means a publicly owned project or a privately
owned project that is available for use by the public.
(12) 'Removal' means the taking of material in any waters of
this state or the movement by artificial means of material within
the bed of such waters, including channel relocation.
(13) 'Water resources' includes not only water itself but also
aquatic life and habitats therein and all other natural resources
in and under the waters of this state.
(14) 'Waters of this state' means natural waterways including
all tidal and nontidal bays, intermittent streams, constantly
flowing streams, lakes, wetlands and other bodies of water in
this state, navigable and nonnavigable, including that portion of
the Pacific Ocean which is in the boundaries of this state.
'Waters of this state' does not include the ocean shore, as
defined in ORS 390.605, with the exception of those areas where
removal or fill activities are regulated under a state-assumed
permit program as provided in 33 U.S.C. 1344(g) of the Federal
Water Pollution Control Act, as amended.
(15) 'Wetland conservation plan' means a written plan providing
for wetland management containing a detailed and comprehensive
statement of policies, standards and criteria to guide public and
private uses and protection of wetlands, waters and related
adjacent uplands and which has specific implementing measures and
which apply to designated geographic areas of the State of
Oregon.
(16) 'Wetlands' means those areas that are inundated or
saturated by surface or ground water at a frequency and duration
Enrolled Senate Bill 311 (SB 311-INTRO) Page 5
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life in
saturated soil conditions.
SECTION 9. ORS 196.825 is amended to read:
196.825. (1) The Director of the { - Division - }
{ + Department + } of State Lands shall issue a permit to remove
material from the beds or banks of any waters of this state
applied for under ORS 196.815 if the director determines that the
removal described in the application will not be inconsistent
with the protection, conservation and best use of the water
resources of this state as specified in ORS 196.805.
(2) The director shall issue a permit applied for under ORS
196.815 for filling waters of this state if the director
determines that the proposed fill would not unreasonably
interfere with the paramount policy of this state to preserve the
use of its waters for navigation, fishing and public recreation.
(3) In determining whether or not a permit shall be issued, the
director shall consider all of the following:
(a) The public need for the proposed fill and the social,
economic or other public benefits likely to result from the
proposed fill. When the applicant for a fill permit is a public
body, the director may accept and rely upon the public body's
findings as to local public need and local public benefit.
(b) The economic cost to the public if the proposed fill is not
accomplished.
(c) The availability of alternatives to the project for which
the fill is proposed.
(d) The availability of alternative sites for the proposed
fill.
(e) Whether the proposed fill conforms to sound policies of
conservation and would not interfere with public health and
safety.
(f) Whether the proposed fill is in conformance with existing
public uses of the waters and with uses designated for adjacent
land in an acknowledged comprehensive plan and zoning ordinances.
(g) Whether the proposed fill is compatible with the
acknowledged comprehensive plan and land use regulations for the
area where the proposed fill is to take place.
(h) Whether the proposed fill is for streambank protection.
(4) The director may issue a permit for a substantial fill in
an estuary for a nonwater dependent use only if the fill is for a
public use and would satisfy a public need that outweighs harm to
navigation, fishery and recreation and if the proposed fill meets
all other criteria contained in ORS 196.600 to 196.905.
(5) If the director issues a permit, the director may impose
such conditions as the director considers necessary to carry out
the purposes of ORS 196.805, 196.830 and subsections (1) and (2)
of this section. In formulating such conditions the director may
request comment from the State Geologist, the State Fish and
Wildlife Director, the State Forester, the Director of the
Department of Environmental Quality, the administrative officer
of the Soil and Water Conservation Commission, the Director of
Agriculture, the State Parks and Recreation Director, the State
Marine Director, the Director of Transportation, the Director of
the Economic and Community Development Department, the Water
Resources Director and affected local governmental units. Each
permit is valid only for the time specified therein. Obtaining a
lease from the { - Division - } { + Department + } of State
Lands may not be one of the conditions to be considered in
granting a permit under ORS 196.815. The Director { + of the
Enrolled Senate Bill 311 (SB 311-INTRO) Page 6
Department of State Lands + } shall impose, as conditions to any
permit, general authorization or wetland conservation plan,
measures to provide mitigation for the reasonably expected
adverse impacts from project development. Compensatory wetland
mitigation shall be limited to replacement of the functional
attributes of the lost wetland.
(6) Any applicant whose application for a permit has been
denied, or who objects to any of the conditions imposed under
subsections (1), (2) and (5) of this section by the Director
{ + of the Department of State Lands + }, may, within 10 days of
the denial of the permit or the imposition of any condition,
request a hearing from the director. Thereupon the director shall
set the matter down for hearing, which shall be conducted as a
contested case in accordance with ORS 183.415 to 183.430, 183.440
to 183.460 and 183.470. After such hearing, the director shall
enter an order containing findings of fact and conclusions of
law. The order shall rescind, affirm or modify the director's
initial order. Appeals from the director's final order may be
taken to the Court of Appeals in the manner provided by ORS
183.482.
(7) Except for a permit issued under the process set forth in
ORS 517.952 to 517.989, the director shall:
(a) Determine whether an application is complete within 40 days
from the date the { - division - } { + Department of State
Lands + } receives the application. If the director determines
that an application is complete except for payment of the fee due
pursuant to ORS 196.815, the director shall notify the applicant
of the amount due and, upon receipt of the fee, may distribute
the application for comment pursuant to subsection (5) of this
section. If the director determines that the application is not
complete, the director shall notify the applicant in writing that
the application is deficient and explain, in the same notice, the
deficiencies.
(b) Issue a final decision on the issuance of a permit within
90 days after the date the director determines that the
application is complete unless:
(A) An extension of time is granted under subsection (9)(b) of
this section; or
(B) The applicant and the director agree to a longer time
period.
(8) Permits issued under this section shall be in lieu of any
permit that might be required for the same operation under ORS
164.775, 164.785, 468.010, 468.030 to 468.045, 468.055, 468.060,
468.075, 468.110, 468.120, 468B.005 to 468B.030 and 468B.048 to
468B.085, so long as:
(a) The operation is that for which the permit is issued; and
(b) The standards for granting such permits are substantially
the same as those established pursuant to ORS 164.775, 164.785,
468.010, 468.035, 468.040, 468.055, 468.110, 468.120, 468B.005 to
468B.030 and 468B.048 to 468B.085 to the extent they affect water
quality.
(9)(a) Any agency or other unit of government requested by the
director to comment on an application for a permit under
subsection (5) of this section must submit its comments to the
director within 45 days after receiving the request for comment.
If an agency or other unit of government fails to comment on the
application within 45 days, the director shall assume the agency
or other unit of government has no objection and shall approve or
deny the application.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 7
(b) Notwithstanding paragraph (a) of this subsection, the
Department of Environmental Quality shall comment to the director
within 75 days after receiving notice required under subsection
(5) of this section unless the director has granted an extension
of time. In no case shall the director grant an extension of time
in excess of one year.
(c) The Department of Environmental Quality { - shall - }
{ + may + } not subsequently make comments under the Federal
Water Pollution Control Act that differ from those comments made
under paragraph (b) of this subsection without good cause and
without providing the Director of the { - division - }
{ + Department of State Lands + } with notice before providing
those comments.
(10) In determining whether to issue a permit, the director may
consider only standards and criteria in effect on the date the
director receives the completed application.
(11) As used in this section:
(a) 'Applicant' means a landowner or person authorized by a
landowner to conduct a removal or fill activity.
(b) 'Completed application' means a signed permit application
form that contains all necessary information for the director to
determine whether to issue a permit, including:
(A) A map showing the project site with sufficient accuracy to
easily locate the removal or fill site;
(B) A project plan showing the project site and proposed
alterations;
(C) The fee required under ORS 196.815;
(D) Any changes that may be made to the hydraulic
characteristics of waters of this state and a plan to minimize or
avoid any adverse effects of those changes;
(E) If the project may cause substantial adverse effects on
aquatic life or aquatic habitat within this state, documentation
of existing conditions and resources and identification of the
potential impact if the project is completed;
(F) An analysis of alternatives that evaluates practicable
methods to minimize and avoid impacts to waters of this state;
(G) If the project is to fill or remove material from wetlands,
a wetlands mitigation plan; and
(H) Any other information that the director deems pertinent and
necessary to make an informed decision on whether the application
complies with the policy and standards set forth in subsections
(1) to (5) of this section.
SECTION 10. ORS 196.825, as amended by section 3, chapter 516,
Oregon Laws 2001, is amended to read:
196.825. (1) The Director of the { - Division - }
{ + Department + } of State Lands shall issue a permit to remove
material from the beds or banks of any waters of this state
applied for under ORS 196.815 if the director determines that the
removal described in the application is consistent with the
protection, conservation and best use of the water resources of
this state as specified in ORS 196.600 to 196.905.
(2) The director shall issue a permit applied for under ORS
196.815 for filling waters of this state if the director
determines that the proposed fill:
(a) Would not unreasonably interfere with the paramount policy
of this state to preserve the use of its waters for navigation,
fishing and public recreation; and
(b) Is consistent with ORS 196.600 to 196.905.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 8
(3) In determining whether to issue a permit under subsection
(1) or (2) of this section, the director shall consider all of
the following:
(a) The public need for the proposed fill and the social,
economic or other public benefits likely to result from the
proposed fill. When the applicant for a fill permit is a public
body, the director may accept and rely upon the public body's
findings as to local public need and local public benefit.
(b) The economic cost to the public if the proposed fill is not
accomplished.
(c) The availability of alternatives to the project for which
the fill is proposed.
(d) The availability of alternative sites for the proposed
fill.
(e) Whether the proposed fill conforms to sound policies of
conservation and would not interfere with public health and
safety.
(f) Whether the proposed fill is in conformance with existing
public uses of the waters and with uses designated for adjacent
land in an acknowledged comprehensive plan and zoning ordinances.
(g) Whether the proposed fill is compatible with the
acknowledged comprehensive plan and land use regulations for the
area where the proposed fill is to take place.
(h) Whether the proposed fill is for streambank protection.
(4) The director may issue a permit for a substantial fill in
an estuary for a nonwater dependent use only if the fill is for a
public use and would satisfy a public need that outweighs harm to
navigation, fishery and recreation and if the proposed fill meets
all other criteria contained in ORS 196.600 to 196.905.
(5) If the director issues a permit, the director may impose
such conditions as the director considers necessary to carry out
the purposes of ORS 196.805, 196.830 and subsections (1) and (2)
of this section. In formulating such conditions the director may
request comment from the State Geologist, the State Fish and
Wildlife Director, the State Forester, the Director of the
Department of Environmental Quality, the administrative officer
of the Soil and Water Conservation Commission, the Director of
Agriculture, the State Parks and Recreation Director, the State
Marine Director, the Director of Transportation, the Director of
the Economic and Community Development Department, the Water
Resources Director and affected local governmental units. Each
permit is valid only for the time specified therein. Obtaining a
lease from the { - Division - } { + Department + } of State
Lands may not be one of the conditions to be considered in
granting a permit under ORS 196.815. The Director { + of the
Department of State Lands + } shall impose, as conditions to any
permit, general authorization or wetland conservation plan,
measures to provide mitigation for the reasonably expected
adverse impacts from project development. Compensatory wetland
mitigation shall be limited to replacement of the functional
attributes of the lost wetland.
(6) Any applicant whose application for a permit has been
denied, or who objects to any of the conditions imposed under
subsections (1), (2) and (5) of this section by the director,
may, within 10 days of the denial of the permit or the imposition
of any condition, request a hearing from the director. Thereupon
the director shall set the matter down for hearing, which shall
be conducted as a contested case in accordance with ORS 183.415
to 183.430, 183.440 to 183.460 and 183.470. After such hearing,
the director shall enter an order containing findings of fact and
Enrolled Senate Bill 311 (SB 311-INTRO) Page 9
conclusions of law. The order shall rescind, affirm or modify the
director's initial order. Appeals from the director's final order
may be taken to the Court of Appeals in the manner provided by
ORS 183.482.
(7) Except for a permit issued under the process set forth in
ORS 517.952 to 517.989, the director shall:
(a) Determine whether an application is complete within 40 days
from the date the { - division - } { + Department of State
Lands + } receives the application. If the director determines
that an application is complete except for payment of the fee due
pursuant to ORS 196.815, the director shall notify the applicant
of the amount due and, upon receipt of the fee, may distribute
the application for comment pursuant to subsection (5) of this
section. If the director determines that the application is not
complete, the director shall notify the applicant in writing that
the application is deficient and explain, in the same notice, the
deficiencies.
(b) Issue a final decision on the issuance of a permit within
90 days after the date the director determines that the
application is complete unless:
(A) An extension of time is granted under subsection (9)(b) of
this section; or
(B) The applicant and the director agree to a longer time
period.
(8) Permits issued under this section shall be in lieu of any
permit that might be required for the same operation under ORS
164.775, 164.785, 468.010, 468.030 to 468.045, 468.055, 468.060,
468.075, 468.110, 468.120, 468B.005 to 468B.030 and 468B.048 to
468B.085, so long as:
(a) The operation is that for which the permit is issued; and
(b) The standards for granting such permits are substantially
the same as those established pursuant to ORS 164.775, 164.785,
468.010, 468.035, 468.040, 468.055, 468.110, 468.120, 468B.005 to
468B.030 and 468B.048 to 468B.085 to the extent they affect water
quality.
(9)(a) Any agency or other unit of government requested by the
director to comment on an application for a permit under
subsection (5) of this section must submit its comments to the
director within 45 days after receiving the request for comment.
If an agency or other unit of government fails to comment on the
application within 45 days, the director shall assume the agency
or other unit of government has no objection and shall approve or
deny the application.
(b) Notwithstanding paragraph (a) of this subsection, the
Department of Environmental Quality shall comment to the director
within 75 days after receiving notice required under subsection
(5) of this section unless the director has granted an extension
of time. In no case shall the director grant an extension of time
in excess of one year.
(c) The Department of Environmental Quality may not
subsequently make comments under the Federal Water Pollution
Control Act that differ from those comments made under paragraph
(b) of this subsection without good cause and without providing
the Director of the { - division - } { + Department of State
Lands + } with notice before providing those comments.
(10) In determining whether to issue a permit, the director may
consider only standards and criteria in effect on the date the
director receives the completed application.
(11) As used in this section:
Enrolled Senate Bill 311 (SB 311-INTRO) Page 10
(a) 'Applicant' means a landowner or person authorized by a
landowner to conduct a removal or fill activity.
(b) 'Completed application' means a signed permit application
form that contains all necessary information for the director to
determine whether to issue a permit, including:
(A) A map showing the project site with sufficient accuracy to
easily locate the removal or fill site;
(B) A project plan showing the project site and proposed
alterations;
(C) The fee required under ORS 196.815;
(D) Any changes that may be made to the hydraulic
characteristics of waters of this state and a plan to minimize or
avoid any adverse effects of those changes;
(E) If the project may cause substantial adverse effects on
aquatic life or aquatic habitat within this state, documentation
of existing conditions and resources and identification of the
potential impact if the project is completed;
(F) An analysis of alternatives that evaluates practicable
methods to minimize and avoid impacts to waters of this state;
(G) If the project is to fill or remove material from wetlands,
a wetlands mitigation plan; and
(H) Any other information that the director deems pertinent and
necessary to make an informed decision on whether the application
complies with the policy and standards set forth in subsections
(1) to (5) of this section.
SECTION 11. ORS 196.850 is amended to read:
196.850. (1) Notwithstanding ORS 196.810, the
{ - Division - } { + Department + } of State Lands may, by
rule, grant general authorization for removal of material from
the bed or banks or the filling of any waters of the state
without a permit from the
{ - division - } { + department + } if the { - division - }
{ + department + } finds that those activities subject to the
general authorization are substantially similar in nature and
would cause only minimal individual and cumulative environmental
impacts, and would not result in long-term harm to water
resources of the state. The
{ - division - } { + department + } shall condition any such
general authorization upon actions necessary to minimize
environmental impacts.
(2) The { - division - } { + department + } shall provide
notice of any proposed general authorization to affected federal
and state agencies, local governments and the public. The notice
shall include:
(a) A clear description of the proposal; and
(b) Draft findings and any proposed conditions pursuant to
subsection (1) of this section.
(3) Any person proposing to conduct an action under a general
authorization shall notify the { - division - }
{ + department + } in writing prior to conducting such action.
(4) The { - division - } { + department + } shall amend or
rescind any general authorization upon a determination that the
activities conducted under the authorization have resulted in or
would result in more than minimal environmental impacts or
long-term harm to the water resources of this state.
(5) The { - division - } { + department + } shall review
each general authorization adopted pursuant to this section every
five years. The review shall include public notice and
opportunity for public hearing. After such review, the
Enrolled Senate Bill 311 (SB 311-INTRO) Page 11
{ - division - } { + department + } may either modify, reissue
or rescind the general authorization.
(6) In addition to the grounds for review set forth in ORS
183.400 (4), on judicial review of the validity of a rule adopted
under this section, the rule shall be reviewable for substantial
evidence in the rulemaking record. The record shall include
copies of all documents before the agency relevant to whether the
requirement of subsection (1) of this section has been met.
SECTION 12. ORS 196.850, as amended by section 4, chapter 516,
Oregon Laws 2001, is amended to read:
196.850. (1) Notwithstanding ORS 196.810, the
{ - Division - } { + Department + } of State Lands may, by
rule, grant general authorization for removal of material from
the bed or banks or the filling of any waters of the state
without a permit from the
{ - division - } { + department + } if the { - division - }
{ + department + } finds that those activities subject to the
general authorization are substantially similar in nature and
would cause only minimal individual and cumulative environmental
impacts, and would not result in long-term harm to water
resources of the state. The
{ - division - } { + department + } shall condition any such
general authorization upon actions necessary to minimize
environmental impacts.
(2) The { - division - } { + department + } shall provide
notice of any proposed general authorization to affected federal
and state agencies, local governments and the public. The notice
shall include:
(a) A clear description of the proposal; and
(b) Draft findings and any proposed conditions pursuant to
subsection (1) of this section.
(3) Any person proposing to conduct an action under a general
authorization shall notify the { - division - }
{ + department + } in writing prior to conducting the action.
The person may not commence the action until the person receives
a letter of authorization from the { - division - } { +
department + }.
(4) The requirements of subsection (3) of this section shall be
waived if the Director of the { - Division - }
{ + Department + } of State Lands issues a general authorization
and the authorized activity:
(a) Involves less than 50 cubic yards of material;
(b) Will be conducted during periods that minimize adverse
effects to fish and wildlife in accordance with guidance provided
by the State Department of Fish and Wildlife;
(c) Will not dam or divert a waterway in a manner that
obstructs fish passage or vessel navigation; and
(d) Will not violate water quality standards as established by
the Department of Environmental Quality.
(5) The { - division - } { + Department of State Lands + }
shall amend or rescind any general authorization upon a
determination that the activities conducted under the
authorization have resulted in or would result in more than
minimal environmental impacts or long-term harm to the water
resources of this state.
(6) The { - division - } { + department + } shall review
each general authorization adopted pursuant to this section every
five years. The review shall include public notice and
opportunity for public hearing. After such review, the
Enrolled Senate Bill 311 (SB 311-INTRO) Page 12
{ - division - } { + department + } may either modify, reissue
or rescind the general authorization.
(7) In addition to the grounds for review set forth in ORS
183.400 (4), on judicial review of the validity of a rule adopted
under this section, the rule shall be reviewable for substantial
evidence in the rulemaking record. The record shall include
copies of all documents before the agency relevant to whether the
requirement of subsection (1) of this section has been met.
SECTION 13. ORS 196.905, as amended by section 6, chapter 516,
Oregon Laws 2001, is amended to read:
196.905. (1) Notwithstanding the exemptions in subsections (3)
to (8) of this section, a permit under ORS 196.600 to 196.905 is
required for any fill or removal of material in or from the
waters of this state when:
(a) The fill or removal is a part of an activity whose purpose
is to bring an area of state waters into a use to which it was
not previously subject; and
(b)(A) The flow or circulation of the waters of this state may
be impaired; or
(B) The reach of the waters may be reduced.
(2) Nothing in ORS 196.600 to 196.905 applies to removal of
materials from the beds or banks or filling of the waters of a
nonnavigable natural waterway, or any portion thereof, in this
state, if:
(a) Such waterway or portion is situated within forestland; and
(b) Such removal or filling is directly connected with a forest
management practice conducted in accordance with ORS 527.610 to
527.770, 527.990 and 527.992.
(3) Nothing in ORS 196.800 to 196.900 applies to removal or
filling, or both, on converted wetlands for normal farming and
ranching activities such as plowing, grazing, seeding,
cultivating, conventional crop rotation, harvesting for the
production of food and fiber, upland soil and water conservation
practices or reestablishment of crops under federal conservation
reserve program provisions.
(4) Nothing in ORS 196.800 to 196.900 applies to removal or
filling, or both, for the following activities on exclusive farm
use zoned lands:
(a) Drainage or maintenance of farm or stock ponds;
(b) Subsurface drainage, by deep ripping, tiling or moling, on
converted wetlands;
(c) Maintenance of farm roads, provided that:
(A) The farm roads are constructed and maintained in accordance
with construction practices designed to minimize any adverse
effects to the aquatic environment;
(B) Borrow material for farm road maintenance does not come
from waters of this state unless authorized by the
{ - division - } { + Department of State Lands + }; and
(C) Maintenance activities are confined to the scope of
construction for the original project; and
(d) Any activity described as a farm use in ORS 215.203 that is
conducted on prior converted cropland as described in subsection
(10)(a) of this section, so long as agricultural management of
the land has not been abandoned for five or more years.
(5) The exemption in subsections (3) and (4) of this section
may not apply to any fill or removal which involves changing an
area of wetlands or converted wetlands to a nonfarm use.
(6) Nothing in ORS 196.800 to 196.900 applies to removal or
filling, or both, for the maintenance or reconstruction of
structures such as dikes, dams, levees, groins, riprap,
Enrolled Senate Bill 311 (SB 311-INTRO) Page 13
tidegates, drainage ditches, irrigation ditches and tile drain
systems, provided that:
(a) The structure was serviceable within the past five years;
and
(b) Such maintenance or reconstruction would not significantly
adversely affect wetlands or other waters of this state to a
greater extent than the wetlands or waters of this state were
affected as a result of the original construction of those
structures.
(7) Nothing in ORS 196.800 to 196.900 applies to removal or
filling, or both, for temporary dams constructed for crop or
pasture irrigation purposes that are less than 50 cubic yards,
provided the following conditions are satisfied:
(a) The removal or filling is conducted during periods that
minimize adverse effects to fish and wildlife in accordance with
guidance provided by the State Department of Fish and Wildlife;
(b) The removal or filling does not jeopardize a threatened or
endangered species or adversely modify or destroy the habitat of
a threatened or endangered species listed under federal or state
law; and
(c) Temporary fills are removed in their entirety and the area
is restored to its approximate original elevation.
(8) Nothing in ORS 196.800 to 196.900 applies to removal or
filling, or both, for maintenance, including emergency
reconstruction of recently damaged parts, of currently
serviceable roads or transportation structures such as groins and
riprap protecting roads, causeways and bridge abutments or
approaches.
(9) Nothing in ORS 196.800 to 196.900 applies to removal or
filling, or both, for the maintenance of access roads constructed
to move mining equipment, subject to the following conditions:
(a) The access roads are constructed and maintained in
accordance with construction practices that minimize adverse
effects to the aquatic environment;
(b) Borrow material for access road maintenance does not come
from waters of this state unless authorized by the
{ - Division - } { + Department + } of State Lands; and
(c) Maintenance activities are confined to the scope of
construction for the original project.
(10) For the purposes of this section:
(a) 'Converted wetland' means:
(A) Wetlands that on or before June 30, 1989, have been diked,
drained, dredged, filled, leveled or otherwise manipulated to
impair or reduce the flow, circulation or reach of water for the
purpose of producing an agricultural product and are managed for
that purpose; or
(B) Those areas that the Natural Resources Conservation Service
of the United States Department of Agriculture, or its successor
agency, certifies as prior converted cropland or farmed wetlands,
so long as agricultural management of the land has not been
abandoned for five or more years.
(b) 'Harvesting' means physically removing crops or other
agricultural products.
(c) 'Plowing' includes all forms of primary tillage, including
moldboard, chisel or wide-blade plowing, discing, harrowing or
similar means of breaking up, cutting, turning over or stirring
soil to prepare it for planting crops or other agricultural
products. 'Plowing' does not include:
Enrolled Senate Bill 311 (SB 311-INTRO) Page 14
(A) The redistribution of soil, rock, sand or other surface
materials in a manner that changes areas of waters of this state
into dry land; or
(B) Rock crushing activities that result in the loss of natural
drainage characteristics, the reduction of water storage and
recharge capability, or the overburdening of natural water
filtration capacity.
(d) 'Seeding' means the sowing of seed or placement of
seedlings to produce crops or other agricultural products.
SECTION 14. ORS 196.910 is amended to read:
196.910. The { - Division - } { + Department + } of State
Lands shall:
(1) Monitor removal and fill activities, including but not
limited to prospecting and placer mining, within designated
essential indigenous anadromous salmonid habitat areas to
determine the effects of such activities on salmonid spawning and
rearing habitat and compile the results in an annual report.
(2) Cooperate with the State Department of Fish and Wildlife
and other interested parties to develop and distribute public
education and information materials designed to increase
understanding and awareness of permit requirements and acceptable
removal and fill practices related to prospecting and placer
mining.
(3) Report periodically to the Joint Legislative Committee on
Land Use on the progress of the { - division - }
{ + Department of State Lands + } in implementing ORS 196.810.
SECTION 15. ORS 273.006 is amended to read:
273.006. As used in this chapter, unless the context requires
otherwise:
(1) 'Board' means the State Land Board.
(2) 'County recording officer' means the county clerk or other
county officer carrying out ORS 205.130 to 205.220.
{ + (3) 'Department' means the Department of State Lands. + }
{ - (3) - } { + (4) + } 'Director' means the Director of
the { - Division - } { + Department + } of State Lands.
{ - (4) 'Division' means the Division of State Lands. - }
(5) 'Land' includes water, water rights, easements of every
nature and all appurtenances to land.
(6) 'Material' includes gravel, rock, sand and silt, but does
not include hard minerals subject to ORS 274.610, or oil, gas and
sulphur subject to ORS 274.705 to 274.860.
(7) 'Public land' means any land or improvements thereon owned
by the State of Oregon or any agency thereof.
(8) 'State land' means public land controlled by the
{ - Division - } { + Department + } of State Lands.
(9) 'Terminal disposition' means the permanent relinquishment
by an agency of rights in real property, including, but not
limited to, sale, exchange, conveyance, relinquishment of title,
or donation.
SECTION 16. ORS 273.105 is amended to read:
273.105. (1) The Distributable Income Account is established
within the Common School Fund. The { - Division - }
{ + Department + } of State Lands shall administer this account
in accordance with section 4, Article VIII, Oregon Constitution,
and applicable laws.
(2) The following moneys in the Common School Fund shall be
credited to the Distributable Income Account:
(a) Moneys received under ORS 390.715 and 390.725 after
deducting the administrative costs of the State Parks and
Recreation Department.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 15
(b) So much of the interest income derived from investments of
the Common School Fund as remains after payment of the expenses
of the State Land Board authorized to be paid under subsection
(2), section 2, Article VIII of the Oregon Constitution.
(c) So much of the profits derived from the sale of equity
investments of the Common School Fund as the State Land Board
deems appropriate after payment of the expenses of the State Land
Board authorized to be paid under subsection (2), section 2,
Article VIII of the Oregon Constitution.
(d) So much of the dividend income derived from investment of
the Common School Fund as the State Land Board considers
appropriate after payment of the expenses of the State Land Board
authorized to be paid under subsection (2), section 2, Article
VIII of the Oregon Constitution, with the balance reinvested in
principal.
(e) The interest income derived from unclaimed property held by
the Director of the { - Division - } { + Department + } of
State Lands or deposited in the Common School Fund.
(f) Other moneys received by the { - division - }
{ + Department of State Lands + } that are required by law to be
deposited in the Distributable Income Account.
(3) Losses resulting from the investment in and subsequent sale
of equity investments shall be deducted from the Distributable
Income Account and credited to the Common School Fund.
(4) All other moneys received by the { - division - }
{ + Department of State Lands + } shall be credited to the
Common School Fund.
(5) The moneys in the Distributable Income Account are
appropriated continuously for apportionment according to ORS
327.410.
SECTION 17. ORS 273.141 is amended to read:
273.141. In order to provide the { - Division - }
{ + Department + } of State Lands with the specialized
assistance necessary to its operations and the transaction of its
business, and in addition to other agreements that may be entered
into under ORS 273.135, the
{ - division - } { + department + } may enter into written
agreements with the state agencies designated in this section for
the operation of programs and activities assigned to the
{ - division - } { + department + }. Subject to final review
and approval by the State Land Board:
(1) The State Forestry Department may perform the functions
assigned by the board that relate to forest resources.
(2) The { - Oregon - } State Department of Geology and
Mineral Industries may perform the functions of the
{ - division - } { + Department of State Lands + } that relate
to mineral resources.
(3) The Director of Veterans' Affairs may perform the functions
of the { - division - } { + Department of State Lands + }
that relate to investment of funds in mortgages secured by real
property.
(4) The State Treasurer may perform the functions of the
{ - division - } { + Department of State Lands + } that
relate to investments of funds administered by the
{ - division - } { + Department of State Lands + } not
described in subsection (3) of this section, and that relate to
escheated property.
(5) The State Department of Agriculture may perform the
functions assigned by the board and the functions pertaining to
Enrolled Senate Bill 311 (SB 311-INTRO) Page 16
management and regulation of grazing land and other agricultural
lands.
SECTION 18. ORS 273.413 is amended to read:
273.413. (1) The { - Division - } { + Department + } of
State Lands may dispose of isolated sections and fragments of
sections of state lands which are not suitable for management
according to long-range policies of the State Land Board. The
proceeds of such sales shall be applied and are continuously
appropriated to the
{ - Division - } { + Department + } of State Lands for the
acquisition of lands or other suitable investments as directed by
the board in consultation with the Oregon Investment Council.
(2) The proceeds of any sale authorized by subsection (1) of
this section shall be deposited in a revolving account in the
Common School Fund. The costs of acquisition authorized by
subsection (1) of this section shall be charged to the revolving
account.
(3) When requested in writing by the { - Division - }
{ + Department + } of State Lands, the Oregon Department of
Administrative Services shall draw a warrant on the Common School
Fund in favor of the
{ - Division - } { + Department + } of State Lands for use as
a revolving account. The State Treasurer shall hold the revolving
account in special account against which the { - Division - }
{ + Department + } of State Lands may draw checks.
(4) The { - Division - } { + Department + } of State Lands
may use the revolving account for the purposes specified in
subsection (1) of this section.
(5) Before disposing of lands described in subsection (1) of
this section, the { - division - } { + Department of State
Lands + } shall cause owners or lessees of land adjoining the
land to be disposed of to be notified of the pending disposition.
The notice shall indicate the time and method of sale, the
minimum or reserved price, if any, and shall invite the
landowners or lessees to participate as a prospective purchaser
if the landowner or lessee wishes to do so.
(6) Before purchasing or selling land, the { - division - }
{ + Department of State Lands + } shall obtain approval of the
governing body of the county or counties in which such land is
located.
(7) The { - division - } { + Department of State Lands + }
shall prepare sales materials, including catalogues of lands
available for sale, and may charge a fee for such materials.
(8) This section does not apply to the sale or management of
state-owned submerged and submersible lands subject to ORS
chapter 274.
SECTION 19. ORS 273.551 is amended to read:
273.551. (1) The { - Division - } { + Department + } of
State Lands, as to any land or mineral and geothermal resource
rights subject to its jurisdiction and control and without
restricting, limiting or repealing any other powers and authority
which it has, after consultation with the State Department of
Geology and Mineral Industries and with concurrence of any state
agency acting for the state with respect to surface rights in the
subject land, may execute leases and contracts for the mining of
gold, silver, copper, lead, cinnabar, gas and oil, or other
valuable minerals or the exploration and development of
geothermal resources upon conditions agreed upon by the
{ - division - } { + Department of State Lands + } and the
lessee.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 17
(2) All leases may be without limitation as to time; but the
{ - division - } { + department + } may cancel any lease upon
failure by the lessee to exercise due diligence in the
prosecution of the prospecting, development or continued
operation of the mine or well, and shall insert in every such
lease appropriate provisions for such cancellation.
(3) The authority granted by this section shall include the
execution of leases and contracts covering submersible and
submerged lands, as defined in ORS 274.005, the leasing of which
is not otherwise expressly authorized by statute.
(4) Leases and contracts executed under this section are not
sales within the purview of ORS 270.100.
(5) The { - division - } { + department + } may charge a
reasonable fee, to be paid by the applicant, for making necessary
investigations before the execution of any such lease.
(6) This section does not apply to permits or leases under ORS
274.705 to 274.860.
SECTION 20. ORS 274.005 is amended to read:
274.005. As used in this chapter, unless the context requires
otherwise:
{ + (1) 'Department' means the Department of State Lands. + }
{ - (1) - } { + (2) + } 'Director' means the Director of
the { - Division - } { + Department + } of State Lands.
{ - (2) 'Division' means the Division of State Lands. - }
(3) 'Line of ordinary high water' means the line on the bank or
shore to which the high water ordinarily rises annually in
season.
(4) 'Line of ordinary low water' means the line on the bank or
shore to which the low water ordinarily recedes annually in
season.
(5) 'Land' includes water, water rights, easements of every
nature and all appurtenances to land.
(6) 'Material' includes gravel, rock, sand and silt, but does
not include hard minerals subject to ORS 274.610, or oil, gas and
sulphur subject to ORS 274.705 to 274.860.
(7) 'Submerged lands,' except as provided in ORS 274.705, means
lands lying below the line of ordinary low water of all navigable
waters within the boundaries of this state as heretofore or
hereafter established, whether such waters are tidal or nontidal.
(8) 'Submersible lands,' except as provided in ORS 274.705
means lands lying between the line of ordinary high water and the
line of ordinary low water of all navigable waters and all
islands, shore lands or other such lands held by or granted to
this state by virtue of her sovereignty, wherever applicable,
within the boundaries of this state as heretofore or hereafter
established, whether such waters or lands are tidal or nontidal.
SECTION 21. ORS 274.735 is amended to read:
274.735. (1) The { - Division - } { + Department + } of
State Lands upon application by any person may permit geological,
geophysical and seismic surveys, including the taking of cores
and other samples for purposes related to exploration for oil,
gas and sulphur on lands subject to ORS 274.705 to 274.860.
However:
(a) Such permits shall be nonexclusive and shall not give any
preferential rights to any oil, gas and sulphur lease.
(b) The { - division - } { + Department of State Lands + }
in consultation with the State Department of Geology and Mineral
Industries may grant permission for the taking of cores and other
samples.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 18
(c) After consultation with the State Fish and Wildlife
Commission, the { - division - } { + Department of State
Lands + } shall include such rules and regulations in the permit
as are necessary to protect the fish and wildlife resources.
(2) Each application under this section must contain at least
the following information:
(a) A description of the areas where the applicant proposes to
conduct a survey.
(b) The name and address of the applicant.
(c) Such other relevant information as the { - division - }
{ + Department of State Lands + } requires.
SECTION 22. ORS 274.740 is amended to read:
274.740. (1) Upon compliance of an applicant with ORS 274.735,
the { - Division - } { + Department + } of State Lands may
issue to the applicant a permit to conduct a geological,
geophysical and seismic survey, including the taking of cores and
other samples, in areas of the lands subject to ORS 274.705 to
274.860 that are described on the permit. The { - division - }
{ + department + } may prohibit such surveys on any area if, in
consultation with the State Department of Geology and Mineral
Industries, it determines that a lease, if applied for, should
not be granted as to such areas. The
{ - division - } { + Department of State Lands + } shall
include in a permit conditions and payments proper to safeguard
the interests of the state.
(2) Permits issued under this section { - shall - }
{ + may + } not exceed two years, and may be renewed for like
periods upon application to the { - division - }
{ + department + } and upon showing due compliance with
applicable laws and regulations.
(3) The { - division - } { + department + } shall require
the permittee to provide the State Fish and Wildlife Commission
with complete information with respect to the area or areas of
proposed operations, type of exploration and a schedule showing
the period or periods during which such explorations will be
conducted. Such information shall be treated as confidential
unless released by the permittee.
SECTION 23. ORS 274.780 is amended to read:
274.780. (1) The form of lease shall contain, in addition to
other provisions deemed necessary and desirable by the
{ - Division - } { + Department + } of State Lands, after
consultation with the { + State + } Department of Geology and
Mineral Industries, the State Fish and Wildlife Commission and
other interested agencies, boards and commissions, the provisions
of ORS 274.780 to 274.860.
(2) The form of a permit shall contain, in addition to other
provisions deemed necessary and desirable by the
{ - division - } { + Department of State Lands + }, after
consultation with the { + State + } Department of Geology and
Mineral Industries, the State Fish and Wildlife Commission and
other interested agencies, boards and commissions, the provisions
of ORS 274.785 (3).
(3) All leases and other instruments required in carrying out
ORS 274.705 to 274.860 shall be executed by the
{ - division - } { + Department of State Lands + }. All bonds,
contracts and other instruments required by ORS 274.705 to
274.860 for the protection of the interests of this state and
political subdivisions, persons and property therein shall be
executed and delivered to the
{ - division - } { + department + }.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 19
SECTION 24. ORS 274.960 is amended to read:
274.960. As used in ORS 274.960 to 274.985, unless the context
requires otherwise:
(1) 'Board' means the State Land Board.
{ - (2) 'Division' means the Division of State Lands. - }
{ - (3) - } { + (2) + } 'Submerged land' means land lying
below the line of ordinary low water of a body of water in this
state.
{ - (4) - } { + (3) + } 'Submersible land' means land lying
between the line of ordinary high water and the line of ordinary
low water of a body of water in this state.
SECTION 25. ORS 566.310 is amended to read:
566.310. As used in ORS 566.310 to 566.360 { + , + } { - : - }
{ - (1) 'Department' means the Housing and Community Services
Department. - }
{ - (2) 'Division' means the Division of State Lands. - }
{ - (3) - } 'secretary' means the Secretary of Agriculture
of the United States.
SECTION 26. ORS 566.340 is amended to read:
566.340. Notwithstanding any other provisions of law, the funds
and proceeds of the trust assets which are not authorized to be
administered by the Secretary of Agriculture of the United States
under the provisions of ORS 566.330 shall be received by the
{ - Division - } { + Department + } of State Lands and by it
deposited in the State Treasury in an account, separate and
distinct from the General Fund. Interest earned by the account
shall be credited to the account. Notwithstanding the provisions
of ORS 291.238, such funds are appropriated and may be expended
or obligated by the Housing and Community Services Department for
the purposes of ORS 566.330 or for use by the { + Housing and
Community Services + } Department for farmworker housing
permissible under the charter of the now dissolved Oregon Rural
Rehabilitation Corporation.
SECTION 27. { + Sections 28 to 30 of this 2003 Act are added
to and made a part of ORS chapter 273. + }
SECTION 28. { + (1) The Department of State Lands shall create
a program whereby the department may enter into agreements with
volunteers, businesses and other agencies to allow those parties,
on a voluntary basis, to assist in the operation of department
programs and to assist in the maintenance of state lands
administered by the department. The program shall:
(a) Focus primarily on encouraging and facilitating involvement
of participants in the operation of department programs and
maintenance of state lands administered by the department and in
educational programs on behalf of the department;
(b) Offer opportunities for participants to assist in public
information activities; and
(c) Include a recognition element to acknowledge the efforts of
participants in the program.
(2) The department shall ensure that participants in the
program obtain permission from landowners for access to private
property if such access is necessary to perform activities under
the program.
(3) An agreement entered into pursuant to subsection (1) of
this section shall include, at a minimum:
(a) Identification of the state land where the participant
intends to carry out voluntary activities.
(b) Specification of the duties of the participant.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 20
(c) Specification of the responsibilities of the participant,
including the responsibility to abide by the rules of the program
as adopted by the State Land Board.
(d) The duration of the agreement.
(4) The department may provide supplies, equipment, safety
information and assistance to the participants.
(5) The State Land Board may adopt any rules necessary for
implementation of the program created under this section.
(6) Under the direction of the board, the Director of the
Department of State Lands may encourage and render assistance in
the promotion of training programs for volunteers, businesses and
other agencies participating in the program created under this
section.
(7) As used in this section, 'volunteer' includes any person,
group of individuals, volunteer group, service club or other
entity that is tax exempt under section 501(c)(3) of the Internal
Revenue Code. + }
SECTION 29. { + (1) In order to further the interpretive and
educational functions of state lands in Oregon, the Director of
the Department of State Lands may enter into an agreement with a
private, nonprofit scientific, historic or educational
organization organized solely for the purpose of providing
interpretive services for state lands facilities in Oregon.
(2) An organization entering into an agreement with the
director under subsection (1) of this section may:
(a) Provide educational or interpretive material for sale at
state lands facilities;
(b) Acquire display materials and equipment for exhibits at
state lands facilities;
(c) Provide support for interpretive or educational programs at
state lands facilities;
(d) Provide support for state lands facility libraries; or
(e) Provide support for other interpretive projects related to
a specific state lands facility.
(3) If the director enters into an agreement with an
organization under subsection (1) of this section, the Department
of State Lands may:
(a) Provide incidental personnel services for the
organization's interpretive program; and
(b) Provide space at a state lands facility for the display and
sale of materials provided by the organization.
(4) Any money received from the sale of publications or other
materials provided by an organization pursuant to an agreement
entered into under this section shall be retained by the
organization for use in the interpretive or educational services
of the state lands facility for which the organization provides
interpretive services.
(5) As used in this section, 'state lands facility ' includes a
recreational, historical, educational, research or scenic
attraction owned by or under the control of the State of Oregon
and administered by the Department of State Lands. + }
SECTION 30. { + The Department of State Lands shall adopt
rules to carry out the purposes of section 29 of this 2003 Act.
The rules shall include:
(1) Procedures and forms to be used by an organization entering
into an agreement with the Director of the Department of State
Lands under section 29 of this 2003 Act.
(2) Guidelines for approving the materials an organization
proposes to provide or display at state lands facilities.
Enrolled Senate Bill 311 (SB 311-INTRO) Page 21
(3) Provisions for renewing or dissolving an agreement between
an organization and the director. + }
----------
Passed by Senate February 24, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 19, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 311 (SB 311-INTRO) Page 22
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 311 (SB 311-INTRO) Page 23