75th OREGON LEGISLATIVE ASSEMBLY--2009 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 705
 
                         House Bill 2226
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Department of Land Conservation and Development)
 
 
                             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.
 
  Restricts siting of destination resort in Metolius River Basin.
  Prevents claim for compensation for regulations restricting
residential use of private real property based on restriction on
siting of destination resort in Metolius River Basin.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to destination resorts within 10 miles of Metolius River
  Basin; and declaring an emergency.
  Whereas the Metolius River Basin is a subbasin of the Deschutes
River Basin; and
  Whereas the Metolius River Basin is an invaluable and highly
sensitive natural area that is ecologically and scientifically
significant because of the unique hydrogeologic characteristics,
wetlands and ground water resources of the basin; and
  Whereas the Metolius River was added to the National Wild and
Scenic Rivers System in the Omnibus Oregon Wild and Scenic Rivers
Act of 1988 because the federal government determined the river
to be remarkable in all areas of evaluation; and
  Whereas the Metolius River Basin has unique hydrological and
geological features that cannot be protected adequately through
current mitigation practices and the pumping of ground water will
likely result in diminished discharges at the principal spring
complexes at the head of the Metolius River; and
  Whereas the Metolius River and its tributaries are home to
sensitive or threatened species of fish, including redband trout
and bull trout, and the Metolius River Basin is critical habitat
for the restoration of anadromous fish populations, including
spring chinook, sockeye and summer steelhead; and
  Whereas the Metolius River Basin contains highly sensitive
range for wintering deer and elk; and
  Whereas the Metolius River Basin holds significant cultural,
economic, religious and historical value for Native American
tribes; and
  Whereas the Metolius River Basin features outstanding scenic
views and sites; and
  Whereas the United States Forest Service, in recognition of the
unique values of the region's natural resources and spiritual
values, designated 86,000 acres of the Metolius River Basin as
the Metolius Conservation Area in the Deschutes National Forest
Land and Resource Management Plan of 1990, ensuring that the area
must be managed subject to heightened standards of protection;
and
  Whereas protections against destination resort development in
similar significant, noteworthy and nationally recognized areas
have been codified and those protections should be extended to
include the Metolius River Basin; and
  Whereas the protection of the natural resources, wildlife
habitat and historical, cultural and scenic values of the
Metolius River Basin from urban and similar forms of development
is a matter of utmost importance and concern to Oregonians; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Notwithstanding the map of lands eligible
for destination resort siting adopted pursuant to ORS 197.455 (2)
by Jefferson County on or after September 1, 2006, a county may
not approve siting a destination resort in the Metolius River
Basin, a subbasin of the Deschutes River Basin, unless the land
is owned by a federally recognized Indian tribe in this state.
  (2) Notwithstanding ORS 195.305, the restriction on siting a
destination resort in the Metolius River Basin under this section
is not a legal basis for claiming compensation under ORS 195.300
to 195.336 for regulations restricting the residential use of
private real property. + }
  SECTION 2.  { + (1) Before a county amends the map of lands
eligible for destination resort siting in its acknowledged
comprehensive plan, pursuant to ORS 197.455 (2), to authorize
siting of a destination resort within 10 miles of the Metolius
River Basin, the county shall consider imposing a condition that
the owner of the land:
  (a) Acquire, pursuant to ORS 94.531, a severable development
interest, from land within the Metolius River Basin that is
mapped as eligible but on which destination resort siting is
restricted by section 1 of this 2009 Act, that reflects the fair
market value of the lands before the effective date of this 2009
Act; and
  (b) Transfer the development credit to the land within 10 miles
of the Metolius River Basin proposed to be mapped as eligible for
destination resort siting.
  (2) Before a county approves a permit application to site a
destination resort on land within 10 miles of the Metolius River
Basin, the county shall consider imposing a condition that the
owner of the land:
  (a) Acquire, pursuant to ORS 94.531, a severable development
interest, from land within the Metolius River Basin that is
mapped as eligible but on which destination resort siting is
prohibited by section 1 of this 2009 Act, that reflects the fair
market value of the lands before the effective date of this 2009
Act; and
  (b) Transfer the development credit to the land within 10 miles
of the Metolius River Basin considered for approval as the site a
destination resort.
  (3) The county shall impose the condition described in
subsection (1) or (2) of this section if the county determines
that the condition does not prevent development of the
destination resort.
  (4) For purposes of this section, a development credit may be
transferred between land in different counties. + }
  SECTION 3.  { + Section 1 of this 2009 Act applies to an
application for approval of a destination resort that was first
submitted on or after September 1, 2006. + }
  SECTION 4.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
                         ----------