75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
SA to A-Eng. HB 3298
 
LC 3277/HB 3298-A11
 
                      SENATE AMENDMENTS TO
                   A-ENGROSSED HOUSE BILL 3298
 
                      By COMMITTEE ON RULES
 
                             June 10
 
  On page 1 of the printed A-engrossed bill, line 2, after '
reserves;' delete the rest of the line and insert 'and declaring
an emergency.'.
  Delete lines 4 through 25 and delete pages 2 and 3 and insert:
  '  { +  SECTION 1. + }  { + (1) As used in this section,
'Metolius Area of Critical State Concern' means the areas
identified as Area 1 and Area 2 in the management plan
recommended by the Land Conservation and Development Commission.
  ' (2) Pursuant to ORS 197.405 (4), the Legislative Assembly
hereby approves the recommendation of the commission, submitted
to the Legislative Assembly on April 2, 2009, that the Metolius
Area of Critical State Concern be designated an area of critical
state concern.
  ' (3) The Legislative Assembly approves the management plan
included in the commission's recommendation pursuant to ORS
197.405 (1)(c) and directs the commission to adopt the management
plan, by rule, without change except that:
  ' (a) The management plan must require:
  ' (A) The commission to give notice of proposed amendments to
the management plan to the governing bodies of Jefferson County
and of the Confederated Tribes of the Warm Springs Indian
Reservation; and
  ' (B) If either governing body files a written objection to the
proposed amendments, the commission to adopt the proposed
amendments only if the commission finds by clear and convincing
evidence that the proposed amendments meet the requirements of
subsection (5) of this section.
  ' (b) The management plan must limit development of a
small-scale recreation community within township 13 south, range
10 east, sections 20, 21, 28 and 29 in Jefferson County so that
all units must be sited within up to 25 clusters that may be
connected only by a road system. The commission may not enforce,
and shall modify, a contrary provision in the management plan.
  ' (c) Descriptions in the management plan of annual average
water use must refer to annual average consumptive water use. The
commission may not enforce, and shall modify, a contrary
provision in the management plan.
  ' (4) Except as otherwise provided in this section, the
commission may amend the management plan only as provided in the
management plan and only pursuant to applicable rulemaking
procedures.
  ' (5) In addition to limitations on development that are
contained in the management plan, new development allowed by
amendment of the management plan, except development allowed by
the administrative amendments required by subsection (3) of this
section, may not result in:
  ' (a) Negative impact on the Metolius River, its springs or its
tributaries;
  ' (b) Negative impact on fish resources in the Metolius Area of
Critical State Concern; or
  ' (c) Negative impact on the wildlife resources in the Metolius
Area of Critical State Concern.
  ' (6) A county may not approve siting a destination resort in
the Metolius Area of Critical State Concern. + }
  '  { +  SECTION 2. + }  { + 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. + } ' .
                         ----------