(a) May perform the functions of the Department of State Lands in implementing and enforcing ORS 196.906 to 196.919.
(b) Shall, in coordination with soil and water conservation districts, work to provide education on the requirements of ORS 196.906 to 196.919.
(c) Shall, in coordination with the Department of State Lands, develop and implement a process for responding to requests to review the accuracy of the designation by the Department of State Lands and mapping of essential indigenous anadromous salmonid habitat as defined in ORS 196.810.
(2) The Department of State Lands may enter into any memorandum of understanding other than that required under subsection (1) of this section that is necessary for the implementation and enforcement of ORS 196.906 to 196.919.
(3) The State Department of Agriculture, in consultation with the Department of State Lands and the State Department of Fish and Wildlife, shall biennially conduct an adaptive management review of the implementation of ORS 196.906 to 196.919 to determine whether implementation changes are required to best carry out the policy stated in ORS 196.906. [2019 c.699 §8]
Note: See note under 196.906.
Note: Sections 10 to 15, chapter 699, Oregon Laws 2019, provide:
Sec. 10. Benefits and impacts study. (1) The College of Agricultural Sciences of Oregon State University shall conduct a study of the benefits and impacts of maintenance activities in traditionally maintained channels on habitat complexity and other biological parameters, including the benefits and impacts of maintenance activities for fish and wildlife that inhabit the channels. In conducting the study, the college shall assess the impacts of maintenance activities at a variety of geographic locations, in a variety of channel types and on a variety of channel conditions.
(2) In designing and implementing the study, the college shall consult with representatives of agricultural interests and conservation interests, the Department of State Lands, the State Department of Agriculture, the State Department of Fish and Wildlife and any other interested agencies of state government, as defined in ORS 174.111, as necessary to develop study questions and to design the study in a manner that will best align with the needs of the Department of State Lands, the State Department of Agriculture and the State Department of Fish and Wildlife in applying adaptive management to the implementation of sections 2 to 8 of this 2019 Act [196.906 to 196.919] and ORS 196.816 (3).
(3) The college shall submit a report on the study required by this section, and may include recommendations for legislation, to the interim committees of the Legislative Assembly related to agriculture in the manner provided under ORS 192.245, and to the Department of State Lands, the State Department of Agriculture and the State Department of Fish and Wildlife no later than January 1, 2025. [2019 c.699 §10]
Sec. 11. Sunset. Section 10 of this 2019 Act is repealed on January 2, 2025. [2019 c.699 §11]
Sec. 12. Use of report on benefits and impacts study in adaptive management. Upon receipt of the study results contained in the report required under section 10 of this 2019 Act, the State Department of Agriculture shall consider the results in developing adaptive management recommendations pursuant to section 8 (3) of this 2019 Act [196.919 (3)]. [2019 c.699 §12]
Sec. 13. Sunset. Section 12 of this 2019 Act is repealed on January 2, 2027. [2019 c.699 §13]
Sec. 14. Joint biennial report on maintenance activities. (1) The State Department of Agriculture, the Department of State Lands and the State Department of Fish and Wildlife shall jointly prepare a report on activities in this state for the maintenance of traditionally maintained channels. The State Department of Agriculture shall coordinate preparation of the report.
(2) The report shall:
(a) Describe activities related to the implementation of sections 2 to 8 [196.906 to 196.919], 10 and 12 of this 2019 Act and the amendments to ORS 196.816 by section 9 of this 2019 Act, including methods of implementation, compliance information and outcomes;
(b) Provide a discussion of the biennial adaptive management review required under section 8 (3) of this 2019 Act [196.919 (3)];
(c) Include information on the number of notices required under section 4 of this 2019 Act [196.911] on file with the Department of Agriculture, the linear miles of traditionally maintained channel in this state being maintained and the amount of cubic yards of material being removed pursuant to sections 2 to 8 of this 2019 Act;
(d) Provide a discussion of the potential impacts and benefits to agricultural lands and ecological function by maintenance conducted pursuant to sections 2 to 8 of this 2019 Act;
(e) Provide a discussion of opportunities to provide incentives to landowners to improve or enhance the ecological functions of channels maintained under sections 2 to 8 of this 2019 Act, including incentives provided to landowners during the period covered by the report; and
(f) Include any other relevant information on the implementation and effectiveness of sections 2 to 8 of this 2019 Act.
(3) The report may include recommendations for legislation.
(4) The report shall be submitted to the interim committees of the Legislative Assembly related to agriculture in the manner provided under ORS 192.245 no later than December 15 of each odd-numbered year. [2019 c.699 §14]
Sec. 15. Sunset. Section 14 of this 2019 Act is repealed on January 2, 2030. [2019 c.699 §15]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill
Section 196.105 - Definitions for ORS 196.105 to 196.125.
Section 196.110 - Land use regulation in Columbia River Gorge National Scenic Area.
Section 196.115 - Appeal from decision of Columbia River Gorge Commission or county.
Section 196.125 - Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.
Section 196.150 - Compact provisions.
Section 196.160 - Membership on Columbia River Gorge Commission.
Section 196.165 - Status of commission employees for purposes of certain benefits.
Section 196.175 - Pacific Ocean Resources Compact ratified.
Section 196.180 - Compact provisions.
Section 196.185 - Representation on compact.
Section 196.200 - Definitions for ORS 196.200 to 196.240 and 196.993.
Section 196.210 - Membership of authority.
Section 196.215 - Executive director; status of director and employees.
Section 196.220 - Powers and duties of authority.
Section 196.225 - Creation of tax-exempt entity by authority.
Section 196.230 - Revenue bonds issued by authority.
Section 196.235 - Financing agreements.
Section 196.240 - Audits; report to Legislative Assembly.
Section 196.405 - Definitions for ORS 196.405 to 196.515.
Section 196.408 - Duties of state agencies.
Section 196.410 - Legislative findings for offshore oil and gas leasing.
Section 196.415 - Legislative findings for ocean resources management.
Section 196.425 - Oregon Ocean Resources Management Program.
Section 196.435 - Primary agency for certain federal purposes; restrictions.
Section 196.438 - Ocean Policy Advisory Council; members; term of office; quorum.
Section 196.443 - Duties of council.
Section 196.448 - Member compensation; meetings.
Section 196.453 - Project review panels; guidelines.
Section 196.465 - Compatibility of acknowledged comprehensive plans.
Section 196.471 - Territorial Sea Plan review requirements.
Section 196.485 - State agency coordination requirements; incorporation of plans.
Section 196.540 - Marine reserves; rules.
Section 196.545 - Work plan; use of data and recommendations.
Section 196.555 - Reporting; rules.
Section 196.565 - Oregon Ocean Science Trust; members; terms; compensation and expenses; rules.
Section 196.566 - Trust duties.
Section 196.567 - Oregon Ocean Science Fund; sources; uses.
Section 196.568 - Reimbursement from fund.
Section 196.573 - Council duties; biennial report.
Section 196.580 - Liaison program duties.
Section 196.583 - Requirement to share geological data regarding territorial sea floor.
Section 196.600 - Definitions for ORS 196.600 to 196.655.
Section 196.610 - Powers of Director of Department of State Lands; fees.
Section 196.615 - Program for mitigation banks; program standards and criteria; rules.
Section 196.623 - Watershed enhancement project as mitigation bank; sale of mitigation credit.
Section 196.625 - Fill and removal activities in mitigation banks; reports.
Section 196.635 - Director to consult and cooperate with other agencies and interested parties.
Section 196.640 - Oregon Removal-Fill Mitigation Fund; rules.
Section 196.645 - Sources of fund.
Section 196.650 - Use of fund.
Section 196.655 - Report on Oregon Removal-Fill Mitigation Fund; contents.
Section 196.668 - Legislative findings.
Section 196.674 - Statewide Wetlands Inventory; rules.
Section 196.678 - Wetland conservation plans; contents; procedure for adopting.
Section 196.682 - Permits required for removal or fill; conditions on issuance of permit.
Section 196.686 - Acknowledged estuary management plans; review and approval; hearings; final order.
Section 196.687 - Regulation of alteration or fill of artificially created wetlands.
Section 196.688 - Public information program.
Section 196.800 - Definitions for ORS 196.600 to 196.921.
Section 196.810 - Permit for removal of material from or fill of waters; rules.
Section 196.812 - Large woody debris; rules.
Section 196.815 - Application for permit; rules; fees; disposition of fees.
Section 196.817 - General permits; rules.
Section 196.818 - Wetland delineation reports; review by Department of State Lands; fees; rules.
Section 196.860 - Enforcement powers of director.
Section 196.870 - Abatement proceedings; restraining order; injunction; public compensation.
Section 196.885 - Annual report of fill and removal activities; contents of report.
Section 196.895 - Imposition of civil penalties.
Section 196.906 - Legislative findings and declarations.
Section 196.909 - Definitions.
Section 196.911 - Maintenance without permit; applicability; notice.
Section 196.913 - Prohibitions; conditions.
Section 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.
Section 196.919 - Memoranda of understanding.
Section 196.921 - Applicability; rules.
Section 196.990 - Penalties for unpermitted removal from or filling of waters.
Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.