Chapter 63 Oregon Laws 2011

AN ACT

HB 3157

Relating to the Oregon Adopt-a-River Program; amending ORS 830.055.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 830.055 is amended to read:

830.055. (1) As used in this section, “invasive species” has the meaning given that term in ORS 570.755.

(2) The State Marine Board shall administer a program designed [to remove litter from and to beautify the state’s rivers] to beautify and protect the state’s rivers through the removal of litter and invasive species. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteer groups in [litter cleanup work] the removal of litter and invasive species, assigning each group to a specific river or stream segment. The program shall be called the Oregon Adopt-a-River Program.

[(2)] (3) Private landowners with rivers running through or adjacent to their property are vital to the success of the Oregon Adopt-a-River Program. The State Marine Board shall ensure that participants in the program comply with requirements to obtain permission from landowners for river access across private property.

(4) The State Marine Board shall compile a list of invasive species appropriate for removal by a volunteer group. Before compiling the list, the board shall consult with:

(a) The Invasive Species Council established under ORS 570.770;

(b) The State Department of Agriculture;

(c) The State Forestry Department; and

(d) The Department of Environmental Quality.

[(3)] (5) Program funding is an authorized use of the Boating Safety, Law Enforcement and Facility Account under ORS 830.140.

[(4)] (6) The State Marine Board may adopt any rules necessary for implementation of the Oregon Adopt-a-River Program.

[(5)] (7) An agreement entered into between the State Marine Board and a volunteer group under subsection [(1)] (2) of this section shall include but need not be limited to:

(a) Identification of the designated river or stream segment. The volunteer group may request a specific segment of the river or stream it wishes to adopt, but the assignment shall be at the discretion of the State Marine Board. In assigning sections of a river, the board shall coordinate and cooperate with affected federal, state and local management agencies and private landowners.

(b) Specification of the duties of the volunteer group. The group shall remove litter and invasive species along the designated river or stream segment at least once each year.

(c) Specification of the invasive species that the volunteer group may remove. The group shall agree to not remove an invasive species that is not specified in the agreement. The group may report the existence of invasive species not specified in the agreement to the State Marine Board.

[(c)] (d) Specification of the responsibilities of the volunteer group. The group shall agree to abide by all rules related to the program that are adopted by the State Marine Board.

[(d)] (e) Duration of the agreement. The volunteer group shall contract to care for the designated river or stream segment for at least two years.

[(6)] (8) The State Marine Board shall create a recognition program to acknowledge the efforts of volunteer groups, agencies and businesses that participate in the Oregon Adopt-a-River Program.

[(7)] (9) The State Marine Board shall provide trash bags, instructions for the removal of invasive species, safety information and assistance to the participating volunteer groups. Instructions provided under this subsection must include instructions on best management practices, including how to properly dispose of an invasive species and how to decontaminate equipment to prevent the spreading of the invasive species.

[(8)] (10) The State Marine Board shall be responsible for facilitating the removal of large or heavy items from a river or stream segment if such items are found by a volunteer group.

(11) The State Marine Board shall report the existence of an invasive species discovered by a volunteer group under subsection (7)(c) of this section to the appropriate management agency or the Invasive Species Council.

[(9)] (12) The State Marine Board shall not instruct a volunteer group or any member thereof participating in the Oregon Adopt-a-River Program in the measurement of water quality, encourage any participant to measure water quality or include the measuring of water quality in the duties of any participant.

[(10)] (13) The State Marine Board shall not instruct a volunteer group or any member thereof participating in the Oregon Adopt-a-River Program in the locating or monitoring of point or nonpoint pollution sources, encourage any participant to locate or monitor point or nonpoint pollution sources or include the locating or monitoring of point or nonpoint pollution sources in the duties of any participant.

Approved by the Governor May 16, 2011

Filed in the office of Secretary of State May 17, 2011

Effective date January 1, 2012

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