73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3625
 
                        Senate Bill 1066
 
Sponsored by COMMITTEE ON RULES (at the request of State
  Treasurer Randall Edwards, Senator Ted Ferrioli, Senator Kate
  Brown)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows State Land Board to terminate navigability study if
economic justification or if broad and substantial public
interest no longer exists.
 
                        A BILL FOR AN ACT
Relating to the administrative determination of navigability;
  amending ORS 274.404.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 274.404 is amended to read:
  274.404. (1)   { - On or before July 1, 1996, - }  The State
Land Board shall adopt by rule a procedure that is consistent
with ORS 274.400 to 274.412 by which the board and the Department
of State Lands   { - shall - }   { + may + } make a final
administrative determination as to whether a waterway or part of
a waterway is navigable, and if so, the extent of the interest
claimed by the State of Oregon in the navigable portion of the
waterway.
  (2) The rules adopted under subsection (1) of this section
shall incorporate the following procedures that the board and the
department shall follow:
  (a) The board may direct the department to make a determination
of navigability if there is sufficient economic justification or
if there is a broad and substantial public interest. If the board
so directs, the department shall conduct a study to make the
determination.
  (b) The department shall provide prompt public notice to
affected property owners that the department is beginning the
study.
  (c) Upon completion of a study directed under paragraph (a) of
this subsection, the department shall prepare and submit to the
board a draft report setting forth the department's findings and
conclusions as to whether the waterway or part of the waterway
under study is navigable and, if so, the extent of the State of
Oregon's interest in the waterway or part of the waterway.
  (d) The department shall provide appropriate prior public
notice to affected property owners and other interested parties
concerning the draft report. The notice shall provide an
opportunity for a public hearing in the area of the affected
waterway and an opportunity for the public to submit written
comments on the draft report and to submit testimony or other
evidence concerning the navigability of the affected waterway or
part of the waterway or the State of Oregon's interest in the
waterway or part of the waterway.
  (e) Following the public hearing, the board may adopt the draft
report submitted by the department if   { - substantial - }
 { + a preponderance of the + } evidence in the record supports
the report's findings and conclusions, or the board may { + :
  (A) + } Refer the report to the department for further action
as determined by the board { + ; or
  (B) Terminate the study if there is no longer a sufficient
economic justification or a broad and substantial public interest
in making a final administrative determination + }.
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