75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3063
Sponsored by COMMITTEE ON ENVIRONMENT AND WATER
CHAPTER ................
AN ACT
Relating to Oregon natural areas; amending ORS 273.563, 273.566,
273.571, 273.576, 273.578, 273.581, 273.586, 273.591, 308A.706,
308A.712, 352.239, 517.971 and 527.710.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 273.563 is amended to read:
273.563. As used in ORS 273.563 to 273.591, unless the context
requires otherwise:
(1) 'Agency' means a local, state or federal agency, board,
commission or department.
(2) 'Board' means the State Land Board.
(3) 'Candidate natural area' means a natural resource area that
may be considered for registration or dedication.
(4) 'Commodity' means timber, minerals, livestock, agricultural
products or any other product of the land which is an important
economic resource.
(5) 'Council' means the Natural Heritage Advisory Council
established in ORS 273.571.
(6) 'Data bank' means the Natural { - Heritage - }
{ + Areas + } Program element inventory of element
classification, data analysis, priority setting, owner and other
data maintained by the Institute for Natural Resources under ORS
352.239.
(7) 'Dedicate' means the formal recognition and protection of a
natural area for { - natural heritage - } conservation
purposes.
(8) 'Elements' means both the natural heritage resources and
the special species.
(9) 'Instrument' means any written document intended to convey
an interest in real property under ORS 93.710, or an agreement
between parties according to the Natural { - Heritage - }
{ + Areas + } Program or the Oregon Natural { - Heritage - }
{ + Areas + } Plan.
(10) 'Natural area' means a unit of land or water or both that
may be considered for dedication under ORS 273.563 to 273.591 and
that has substantially retained its natural character, or, if
altered in character, shall in addition to its natural heritage
resource values, be valuable as habitat for plant and animal
species or for the study and appreciation of the natural
features.
{ - (11) 'Natural heritage conservation area' means an area
dedicated under the provisions of ORS 273.586. - }
Enrolled House Bill 3063 (HB 3063-INTRO) Page 1
{ - (12) - } { + (11) + } 'Natural heritage resources'
means the terrestrial ecosystem types, aquatic ecosystem types
and unique geologic types as defined in the Oregon Natural
{ - Heritage - } { + Areas + } Plan or a unit of land or water
that contains a natural resource.
{ - (13) - } { + (12) + } 'Plan' means the Oregon Natural
{ - Heritage - } { + Areas + } Plan established under ORS
273.576, which governs the Natural { - Heritage - }
{ + Areas + } Program in selecting areas for { - natural
heritage - } conservation.
{ - (14) - } { + (13) + } 'Program' means the Natural
{ - Heritage - } { + Areas + } Program as established in ORS
273.566.
{ - (15) - } { + (14) + } 'Register' means the Oregon
Register of Natural Heritage Areas established under ORS 273.581.
{ - (16) - } { + (15) + } 'Special species' means those
species of plants and animals determined by the council to be
significant in value in a { - natural heritage conservation - }
{ + state natural + } area and defined in the Oregon Natural
{ - Heritage - } { + Areas + } Plan.
{ + (16) 'State natural area' means an area that an
individual, organization or public agency dedicates as a state
natural area under ORS 273.586. + }
SECTION 2. ORS 273.566 is amended to read:
273.566. (1) The Legislative Assembly finds that many valuable
natural heritage elements are represented in natural areas
{ - which - } { + that + } can be protected through the
voluntary cooperation of private landowners and public land
managers. These areas will comprise a discrete and limited system
of natural
{ - heritage conservation - } areas { - which - }
{ + that + } are selected to represent the full range of
Oregon's natural heritage resources. These areas shall have
substantially retained their natural character, or, if altered in
character, shall in addition to their natural heritage resource
values be valuable as habitat for plant and animal species or for
the study and appreciation of the natural features. As such they
will be living museums for scientific research, educational
purposes and nature interpretation.
(2) The Legislative Assembly also finds that it is necessary to
establish a process and means for public and private sector
cooperation in the development of this system of conservation
areas. Private landowners and public land managers should be
encouraged to voluntarily participate in the program through
conservation activities { - which - } { + that + } benefit
all Oregonians.
(3) In order to assure that { - natural heritage - }
conservation activities cause the minimum of conflict with other
resource uses and that they are cost effective, the Legislative
Assembly finds that the Natural Heritage Advisory Council should
provide a specific framework for { - natural heritage - }
conservation decision making through a classification and
planning process known as the Natural { - Heritage - }
{ + Areas + } Program. Future { - natural heritage
conservation - } { + state natural + } areas should avoid
unnecessary duplication of already protected natural heritage
elements. Each
{ - natural heritage - } conservation decision should address
alternative methods of accomplishing the same purpose and should
consider cost effectiveness.
Enrolled House Bill 3063 (HB 3063-INTRO) Page 2
(4) The Legislative Assembly recognizes that there is a need
for systematic, accessible information concerning the locations
of the resources of Oregon's natural { - heritage - }
{ + areas, + } including special plant and animal species,
native terrestrial ecosystems, aquatic ecosystems, and geologic
features, and especially including the areas already protected
that contain these elements.
SECTION 3. ORS 273.571 is amended to read:
273.571. (1) The Natural Heritage Advisory Council is hereby
established. The council shall consist of 17 members, nine of
whom shall be chosen as follows and who shall elect from its
membership a chairperson:
(a) Four individuals, appointed by the Governor, shall be
recognized experts in the ecology of natural areas. Desirable
fields of expertise are botany, zoology, terrestrial ecology,
aquatic biology and geology; and
(b) Five citizens, appointed by the Governor, shall be selected
from the various regions of the state. These members shall have
interest in natural resource conservation, management or the
commodity use of natural resources.
(2) Appointed members shall serve for four-year terms.
(3) In addition to the nine members appointed by the Governor,
the State Fish and Wildlife Director, the State Forester, the
Director of Transportation, the Chancellor of the Oregon
University System, the Director of Agriculture, the State Parks
and Recreation Director, the State Geologist and the Director of
the Department of State Lands or an authorized representative of
each such officer, shall serve as ex officio, nonvoting members
of the council.
(4) Any vacancy on the council shall be filled by appointment
of the Governor.
(5) Members of the council shall serve without compensation,
but the State Land Board may pay the expenses reasonably incurred
by the council in the performance of its functions upon
presentation of vouchers signed by the chairperson of the council
pursuant to ORS 292.495.
(6) The council shall:
(a) Meet at least quarterly;
(b) Develop policy for the Natural { - Heritage - }
{ + Areas + } Program through the review and approval of the
Oregon Natural { - Heritage - } { + Areas + } Plan;
(c) Review nominations for registration and the voluntary
dedication of { - natural heritage conservation - } { + state
natural + } areas, and approve instruments of dedication for such
areas;
(d) Advise the State Land Board, State Board of Forestry, State
Fish and Wildlife Commission, State Parks and Recreation
Commission, State Board of Higher Education and Oregon
Transportation Commission regarding areas under their respective
jurisdictions which are appropriate for dedication; and
(e) Advise the board in the adoption of rules that it considers
necessary in carrying out ORS 273.563 to 273.591.
(7) The board shall adopt any rules pursuant to ORS chapter 183
that it considers necessary to carry out ORS 273.563 to 273.591.
(8) Acting through the Department of State Lands, the council
may accept gifts or donations of real property. Such real
property shall be held in the name of the State of Oregon by the
State Land Board and shall be used for the purpose of carrying
out the provisions of ORS 273.563 to 273.591.
SECTION 4. ORS 273.576 is amended to read:
Enrolled House Bill 3063 (HB 3063-INTRO) Page 3
273.576. (1)(a) The State Land Board, with the assistance of
the Natural Heritage Advisory Council, shall maintain a natural
heritage office to provide assistance in the selection and
nomination of areas containing natural heritage elements for
registration or dedication.
(b) The Oregon Natural { - Heritage - } { + Areas + } Plan
established by ORS 273.578 shall govern the Natural
{ - Heritage - } { + Areas + } Program in the conduct of
activities to create and manage a system of
{ - natural heritage conservation - } { + state natural + }
areas { - which - } { + that + } are complementary to and
consistent with the research natural area program on federal
lands in Oregon. This plan lists the natural heritage elements
that should be represented on the Oregon Register of Natural
Heritage Areas and in { - natural heritage conservation - }
{ + state natural + } areas and provides criteria for the
selection and approval of candidate natural areas for
registration and dedication under ORS 273.563 to 273.591. In
selecting { - natural heritage conservation - } { + state
natural + } areas, the inclusion of natural heritage resources,
and especially those which are not adequately protected
elsewhere, shall be given primary consideration. Inclusion and
protection of special species shall be an important additional
consideration in selecting { - natural heritage
conservation - } { + state natural + } areas, and wherever
possible, individual species shall be protected in association
with natural heritage resources or in assemblages of those
species determined by the council to have special significance.
(2) The board may advise owners of { - natural heritage
conservation - } { + state natural + } areas concerning the
management and use of such areas and may make available to state,
federal and local agencies that manage lands within Oregon,
information concerning the conservation of natural heritage
elements.
(3) The board may apply for and accept grants, contributions
and assistance from any federal, state or local government agency
and any foundation, individual or organization for the purpose of
carrying out the provisions of ORS 273.563 to 273.591.
SECTION 5. ORS 273.578 is amended to read:
273.578. (1) The Sixty-first Legislative Assembly approves the
Oregon Natural { - Heritage - } { + Areas + } Plan submitted
under ORS 273.576.
(2) The State Land Board may review and approve or disapprove
any modification to the plan submitted by the Natural Heritage
Advisory Council.
SECTION 6. ORS 273.581 is amended to read:
273.581. (1) The Natural Heritage Advisory Council shall
maintain a state register of areas containing significant natural
heritage elements to be called the Oregon Register of Natural
Heritage Areas.
(2) The council shall from time to time identify areas from the
natural heritage data bank { - which - } { + that + } qualify
for registration. Priority shall be based on the Oregon Natural
{ - Heritage - } { + Areas + } Plan and shall generally be
given to those elements { - which - } { + that + } are
rarest, most threatened or underrepresented in the
{ - heritage - } conservation system on a statewide basis.
{ - Natural heritage conservation - } { + State natural + }
areas shall not unnecessarily duplicate resources or special
species already adequately protected by other methods of land
Enrolled House Bill 3063 (HB 3063-INTRO) Page 4
protection. Whenever feasible, areas that qualify for
registration shall be located on lands { - which - }
{ + that + } have been allocated primarily to special
noncommodity uses.
(3) The council shall review each registration proposal,
including the landowner's written permission for registration if
the area is located on privately owned land.
(4) After review by the council, the State Land Board may place
sites onto the register or remove sites from the register.
(5) A voluntary management agreement may be developed between
the board and the owners of the sites on the register.
SECTION 7. ORS 273.586 is amended to read:
273.586. (1) A private individual or organization
{ - which - } { + that + } is the owner of any registered
natural area may voluntarily agree to dedicate that area as a
{ - natural heritage conservation - } { + state natural + }
area by executing with the State Land Board an instrument of
dedication. The instrument of dedication shall be effective upon
its recording in the real property records of the office of the
clerk of the county in which any or all of the
{ - natural heritage conservation - } { + state natural + }
area is located.
(2) Any public agency may dedicate lands under the provisions
of ORS 273.563 to 273.591 following the providing of opportunity
for adequate public notice and hearing by the agency. The Oregon
Transportation Commission, the State Fish and Wildlife
Commission, the State Board of Forestry, the State Board of
Higher Education, the State Parks and Recreation Commission and
the State Land Board shall, with the advice and assistance of the
Natural Heritage Advisory Council, establish procedures for the
dedication of
{ - natural heritage conservation - } { + state natural + }
areas on land, the title of which is held by the State of Oregon,
and which is under that agency's management and control.
(3) The instrument of dedication shall contain any information
or provisions as the private owner, organization or agency and
council consider necessary to complete the dedication.
(4) Dedication of a { - natural heritage conservation - }
{ + state natural + } area may be terminated as follows:
(a) The dedication of a { - natural heritage conservation - }
{ + state natural + } area by a public agency may be terminated
following the providing of opportunity for adequate public notice
and hearing and a finding by that agency of an imperative and
unavoidable necessity, or a finding by that agency, with the
approval of the council, that the { - natural heritage
conservation - } { + state natural + } area is no longer needed
according to the guidelines of the Oregon Natural
{ - Heritage - } { + Areas + } Plan.
(b) The dedication of a { - natural heritage conservation - }
{ + state natural + } area by a private individual or
organization may be terminated by the private individual or
organization after the council is assured that there has been
compliance with the procedures required by the terms of the
dedication instrument.
(c) The dedication of a { - natural heritage conservation - }
{ + state natural + } area may be terminated by the board upon
the advice of the council if the area is no longer needed
according to the guidelines of the plan, or has permanently lost
its natural character.
SECTION 8. ORS 273.591 is amended to read:
Enrolled House Bill 3063 (HB 3063-INTRO) Page 5
273.591. The Natural { - Heritage - } { + Areas + } Program
Account is established within the General Fund of the State
Treasury. All moneys received by the State Land Board for the
purposes of ORS 273.563 to 273.591 shall be paid into the State
Treasury and credited to the account. All moneys in the account
are continuously appropriated for the use of the board in
carrying out the provisions of ORS 273.563 to 273.591.
SECTION 9. ORS 308A.706 is amended to read:
308A.706. (1) Notwithstanding that land may have been
disqualified from special assessment, the additional taxes
described under ORS 308A.703 shall not be imposed and shall
remain a potential tax liability if, as of the date the
disqualification is taken into account on the assessment and tax
roll, the land is any of the following:
(a) Disqualified exclusive farm use zone farmland or
nonexclusive farm use zone farmland that:
(A) Is not being used as farmland; and
(B) Is not being used for industrial, commercial, residential
or other use that is incompatible with a purpose to return the
land to farm use.
(b) Acquired by a governmental agency or body as a result of an
exchange of the land for land of approximately equal value held
by the governmental agency or body.
(c) Acquired and used for natural heritage purposes and all of
the following additional requirements are met:
(A) The land is registered under ORS 273.581 as a { - natural
heritage conservation - } { + state natural + } area;
(B) The land is acquired by a private nonprofit corporation;
(C) The land is retained by the corporation, or transferred to
the state by the corporation, for the purpose of educational,
scientific and passive recreational use consistent with
conservation of the ecological values and natural heritage
elements of the area;
(D) If the land is retained by the corporation, it remains open
to the public without charge for the uses described in
subparagraph (C) of this paragraph; and
(E) The land is managed pursuant to a voluntary management
agreement under ORS 273.581 (5).
(d) Qualified for special assessment under:
(A) ORS 308A.062, relating to farm use special assessment of
land in an exclusive farm use zone;
(B) ORS 308A.068, relating to farm use special assessment of
nonexclusive farm use zone farmland;
(C) ORS 321.358, relating to classification as designated
forestland in western Oregon;
(D) ORS 321.839, relating to classification as designated
forestland in eastern Oregon;
(E) ORS 321.709, relating to qualification as small tract
forestland;
(F) ORS 308A.424, relating to wildlife habitat special
assessment; or
(G) ORS 308A.456, relating to conservation easement special
assessment.
(e) Disqualified nonexclusive farm use zone farmland, to the
extent the additional taxes are deferred or abated as provided in
ORS 308A.119.
(2) In any case where the additional tax is deferred under the
provisions of this section but may subsequently be imposed under
ORS 308A.712, the county assessor shall continue to enter the
Enrolled House Bill 3063 (HB 3063-INTRO) Page 6
notation 'potential additional tax liability' on the assessment
and tax roll.
SECTION 10. ORS 308A.712 is amended to read:
308A.712. (1) If the disqualification of land from special
assessment results in the deferral of additional taxes under ORS
308A.706:
(a) The amount of deferred additional taxes shall be determined
as provided for in this section in lieu of ORS 308A.703; and
(b) The deferred additional taxes shall be added to the
assessment and tax roll for the year in which the event described
in subsections (2) to (6) of this section is first taken into
account for property tax purposes, to be collected and
distributed in the same manner as other ad valorem property
taxes.
(2) If additional taxes are deferred under ORS 308A.706 (1)(a)
(relating to compatible nonuse of farmland) and subsequently the
land is changed to an industrial, commercial, residential or
other use incompatible with a return of the land to farm use,
then:
(a) The amount of additional tax due for each year to which the
additional tax applies shall be the difference between the taxes
assessed against the land and the taxes that would have been
assessed against the land in that year had the land not been in
special assessment; and
(b) The number of years for which the additional tax shall be
collected shall be the total number of years (whether or not
continuous) that the farm use special assessment was in effect
for the land, not to exceed:
(A) In the case of disqualified exclusive farm use zone
farmland located outside an urban growth boundary, 10 tax years,
or such lesser number of years, corresponding to the number of
years of farm use zoning applicable to the property; or
(B) In the case of all other farmland disqualified from farm
use special assessment, five tax years.
(3)(a) If additional taxes are deferred under ORS 308A.706
(1)(b) (relating to government exchange of land), additional
taxes shall be collected when the land acquired as a result of
the exchange is disqualified from special assessment. The
additional taxes shall equal the total amount of additional taxes
under ORS 308A.703 (2) attributable to the number of years the
land transferred to the governmental agency or body received the
special assessment before the exchange plus the number of years,
if any, the land acquired from the governmental agency or body
received a special assessment after the exchange.
(b) The total number of years taken into account shall not
exceed the maximum number of years for which additional taxes may
be collected under the provision of law applicable to either the
exchanged land (immediately before the exchange) or the acquired
land, whichever is greater.
(4) If additional taxes are deferred under ORS 308A.706 (1)(c)
(relating to { - natural heritage - } { + state natural
areas + }), the additional taxes that would have been imposed
under ORS 308A.703 at the time of disqualification shall be
collected when the land is no longer used as described in ORS
308A.706 (1)(c).
(5) If additional taxes are deferred under ORS 308A.706 (1)(d)
(relating to change in special assessment), the additional taxes
that would have been collected at the time of disqualification
shall be collected at the time the land is disqualified from any
Enrolled House Bill 3063 (HB 3063-INTRO) Page 7
other special assessment law listed in ORS 308A.706 (1)(d). The
total amount of additional tax shall be calculated as follows:
(a) The amount of the additional tax due for each year to which
the additional tax applies shall be the difference between the
taxes assessed against the land and the taxes that would have
been assessed against the land in that year had the land not been
in special assessment; and
(b) The number of years for which the additional tax shall be
collected shall be the total number of continuous tax years that
a special assessment listed in ORS 308A.706 (1)(d) was in effect
for the land, not to exceed:
(A) Five tax years; or
(B) If the property had, within the past 10 tax years, been
disqualified from a special assessment program described in ORS
308A.703 (3)(a) to (c) and had been continuously subject to
special assessment, then 10 tax years. However, the number of
continuous preceding years of special assessment under the
special assessment programs listed in ORS 308A.703 (3)(d) that
may be taken into consideration for purposes of computing the
additional tax may not exceed five years.
(6) In determining the additional tax under subsection (5) of
this section, the number of continuous preceding years of special
assessment counted shall not include those years in which the
land was specially assessed under any of the special assessment
laws listed in ORS 308A.706 (1)(d) prior to a disqualification of
the land for special assessment as exclusive farm use zone
farmland under the conditions described in ORS 308A.709 (6).
SECTION 11. ORS 352.239 is amended to read:
352.239. (1) There is created within the Department of Higher
Education the Institute for Natural Resources. The Institute for
Natural Resources shall be administered by Oregon State
University { + and other institutions in the Oregon University
System + }.
(2) The Institute for Natural Resources shall serve the
following purposes:
(a) Serve as a clearinghouse for scientifically based natural
resources information.
(b) Provide scientifically based natural resources information
to the public in integrated and accessible formats.
(c) Coordinate efforts with other state agencies and bodies to
provide natural resources information to the public in a
comprehensive manner.
(d) Facilitate and conduct research.
(e) Provide information and technical tools to assist
decision-making on natural resources issues.
(f) Assist the State Land Board in carrying out the Natural
{ - Heritage - } { + Areas + } Program by maintaining a data
bank { - containing - } { + that contains + } a
classification of natural heritage elements and an inventory of
the locations of the elements. { + At a minimum, the institute
shall record in the data bank the location of state natural
areas, the natural heritage elements in those areas, sites that
are inhabited by rare species, and lists that rank by rarity
species, plant communities and ecosystem types. + } { - All
data obtained through personal observation on private land by
employees of Oregon State University working in the Natural
Heritage Program may be entered into the data bank only with the
written permission of the landowner. - } { + The institute
shall make the information included in the data bank available to
Enrolled House Bill 3063 (HB 3063-INTRO) Page 8
private landowners, researchers and local, state and federal
agencies.
(3) When making observations on private land, an employee of an
institution in the Oregon University System who is compiling
information for the Natural Areas Program pursuant to subsection
(2)(f) of this section must obtain permission from the landowner
before entering the information into the data bank. + }
{ - (3) - } { + (4) + } Using existing resources, state
agencies designated by the Governor shall enter into a memorandum
of understanding, or other agreement deemed appropriate by the
Governor, with the institute that defines and clarifies the roles
and responsibilities of the agencies in order to prevent
duplication of effort and to ensure that agency resources are
used efficiently.
{ - (4) - } { + (5) + } State agencies may contract with
the institute to fulfill agency needs regarding the collection,
storage, integration, analysis, dissemination and monitoring of
natural resources information and natural resources research and
training.
SECTION 12. ORS 517.971 is amended to read:
517.971. Each applicant for a permit to operate a chemical
process mining operation shall submit a consolidated application
to the State Department of Geology and Mineral Industries. The
department and the permitting and cooperating agencies shall not
begin deliberating on whether to issue a permit until the
department receives an application fee and a complete
consolidated application that includes but is not limited to:
(1) Name and location of the proposed facility.
(2) Name, mailing address and phone number of the applicant and
a registered agent for the applicant.
(3) The legal structure of the applicant as filed in the
business registry with the Secretary of State and the legal
residence of the applicant.
(4) Mineral and surface ownership status of the proposed
facility.
(5) Baseline data, including but not limited to environmental,
socioeconomic, historical, archaeological conditions, land use
designations and special use designations in the area of the
state in which the proposed chemical process mining operation is
located.
(6) Appropriate maps, aerial photos, cross-sections, plans and
documentation.
(7) A proposed:
(a) Mine plan;
(b) Processing plan;
(c) Water budget;
(d) Fish and wildlife protection and mitigation plan;
(e) Operational monitoring and reporting plan;
(f) Reclamation and closure plan;
(g) Plan for controlling water runoff and run on;
(h) Operating plan;
(i) Solid and hazardous waste management plan;
(j) Plan for transporting and storing toxic chemicals;
(k) Employee training plan as required by agency rule;
(L) Seasonal or short term closure plan;
(m) Spill prevention and credible accident contingency plan;
(n) Post-closure monitoring and reporting plan; and
(o) Identification of special natural areas, including but not
limited to areas designated as areas of critical environmental
concern, research natural areas, outstanding natural areas and
Enrolled House Bill 3063 (HB 3063-INTRO) Page 9
areas designated by the Oregon Natural { - Heritage - }
{ + Areas + } Plan, as defined in state rules and federal
regulations.
(8) All information required by the permitting agencies to
determine whether to issue or deny the following permits as
applicable to the proposed operation:
(a) Surface mining operating permits required under ORS 517.790
and 517.915;
(b) Fill and removal permits required under ORS 196.600 to
196.905;
(c) Permits to appropriate surface water or ground water under
ORS 537.130 and 537.615, to store water under ORS 537.400 and
impoundment structure approval under ORS 540.350 to 540.390;
(d) National Pollutant Discharge Elimination System permit
under ORS 468B.050;
(e) Water pollution control facility permit under ORS 468B.050;
(f) Air contaminant discharge permit under ORS 468A.040 to
468A.060;
(g) Solid waste disposal permit under ORS 459.205;
(h) Permit for use of power driven machinery on forestland
under ORS 477.625;
(i) Permit for placing explosives or harmful substances in
waters of the state under ORS 509.140;
(j) Hazardous waste storage permit under ORS 466.005 to
466.385;
(k) Local land use permits; and
(L) Any other state permit required for the proposed chemical
process mining operation.
(9) All other information required by the department, a
permitting agency, a cooperating agency or the technical review
team.
SECTION 13. 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
chapter 183, 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.
Enrolled House Bill 3063 (HB 3063-INTRO) Page 10
(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 Department of State
Lands under ORS 196.800 to 196.900 and 273.553 to 273.591;
(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 - } { + Conservation
and conservation tax incentive + }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.
Enrolled House Bill 3063 (HB 3063-INTRO) Page 11
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630.
(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 study completed pursuant to section 15
(2)(f), chapter 919, Oregon Laws 1991, 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) 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.
----------
Enrolled House Bill 3063 (HB 3063-INTRO) Page 12
Passed by House April 15, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 18, 2009
...........................................................
President of Senate
Enrolled House Bill 3063 (HB 3063-INTRO) Page 13
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3063 (HB 3063-INTRO) Page 14