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 1243
 
                         House Bill 2628
 
Sponsored by Representative WITT; Representatives BAILEY, BARKER,
  BARNHART, BOONE, CANNON, CLEM, DEMBROW, GARRETT, GREENLICK,
  HARKER, HOLVEY, KOMP, ROBLAN, SCHAUFLER, SHIELDS, STIEGLER,
  VANORMAN, Senators DEVLIN, HASS, JOHNSON, MONNES ANDERSON,
  MONROE
 
 
                             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.
 
  Authorizes moneys available for access and habitat programs to
be expended on programs that promote access to public and private
lands through acquisition of lands or through acquisition of
easements.
 
                        A BILL FOR AN ACT
Relating to the Access and Habitat Board; amending ORS 496.232.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 496.232 is amended to read:
  496.232. (1) The Access and Habitat Board shall meet, adopt and
recommend to the State Fish and Wildlife Commission, within 120
days after November 4, 1993, and at not more than 120-day
intervals thereafter, access and habitat programs.
  (2) The commission shall review such programs and may approve
or disapprove the program recommendation by the board. Funds may
be expended from the subaccount referred to in ORS 496.242 for
projects that have been approved by the commission.
  (3) The State Department of Fish and Wildlife and the board
jointly shall submit to each biennial session of the Legislative
Assembly a report on expenditure of funds for the access and
habitat programs and on the status of various projects.
  (4) In recommending access and habitat programs, the board
shall:
  (a) Recommend a mix of projects that provides a balance between
access and habitat benefits.
  (b) Recommend projects that are to be implemented by volunteers
under volunteer coordinators and nonprofit organizations engaged
in approved access and habitat activities.
  (c) Recommend programs that recognize and encourage the
contributions of landowners to wildlife and programs that
minimize the economic loss to those landowners.
  (d) Encourage agreements with landowners who request damage
control hunts to ensure public access to those hunts.
  (e) Encourage projects that result in obtaining matching funds
from other sources.
  (5) All moneys made available for the access and habitat
programs from surcharges received under section 19, chapter 659,
Oregon Laws 1993, and from gifts and grants made to carry out the
access and habitat programs may be expended only if the board so
recommends and the commission so approves. Such amounts may be
expended:
  (a) On programs that benefit wildlife by improving habitat.
These programs shall be in coordination with the Wildlife
Division and shall be in addition to programs provided by federal
funds.  These programs may:
  (A) Be on private lands.
  (B) Provide seed and fertilizer to offset forage consumed by
wildlife and for other programs that enhance forage.
  (C) Be adjacent to agricultural and forest land to attract
animals from those crops.
  (b) On programs that promote access to public and private
lands { + :
  (A) + } Through contracting for various levels of management of
these lands. These management programs may include:
    { - (A) - }   { + (i) + } Creating hunting lease programs
that provide access at present levels or stimulate new access.
    { - (B) - }   { + (ii) + } Controlling access.
    { - (C) - }   { + (iii) + } Opening vehicle access.
    { - (D) - }   { + (iv) + } Promoting land exchanges.
    { - (E) - }   { + (v) + } Promoting proper hunting behavior.
   { +  (B) Through the acquisition of these lands or through the
acquisition of easements. + }
  (c) On programs that would provide for wildlife feeding to
alleviate damage, to intercept wildlife before wildlife becomes
involved in a damage situation and for practical food replacement
in severe winters.
  (d) On programs to coordinate volunteers to improve habitat,
repair damage to fences or roads by wildlife or recreationists,
monitor orderly hunter utilization of public and private lands
and assist the Oregon State Police in law enforcement activities.
  (e) On programs that provide for auction or raffle of tags to
provide incentives for habitat or access.
  (6) The board may accept, from whatever source, gifts or grants
for the purposes of access and habitat. All moneys so accepted
shall be deposited in the subaccount referred to in ORS 496.242.
Unless otherwise required by the terms of a gift or grant, gifts
or grants shall be expended as provided in subsection (5) of this
section.
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