justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 496 — Application, Administration

ORS 496.168. Estimated expenses for recompensable assistance; invoices. The State Department of Fish and Wildlife shall estimate in advance the expenses that the department will incur during a biennium under ORS 496.167, and shall render to executive department agencies and other entities described in ORS 496.167 an invoice for their share of such expenses for periods within the biennium and in sufficient amounts to provide reasonable cash operating requirements for the department within the biennial period. Each agency or other entity described in ORS 496.167 shall pay to the credit of the department such invoice as an administrative expense from funds or appropriations available to the invoiced agency or entity in the same manner as other claims against the state are paid. If the estimated expenses for the agency or other entity described in ORS
ORS Chapter 496 — Application, Administration

ORS 496.169. Citizen involvement for wildlife management on private lands. The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregons resource access and wildlife habitat through the further involvement of its citizens, through voluntary partnership between the State Department of Fish and Wildlife and landowners to manage wildlife on private lands and through support by additional financial revenues. [Formerly 496.166]
ORS Chapter 496 — Application, Administration

ORS 496.170. [Amended by 1971 c.658 3; repealed by 1973 c.723 130] THREATENED OR ENDANGERED WILDLIFE SPECIES
ORS Chapter 496 — Application, Administration

ORS 496.171. Definitions for ORS 496.171 to 496.182; applicability date. Notwithstanding ORS 496.004, with respect to state agency actions taken under ORS 496.171 to
ORS Chapter 496 — Application, Administration

ORS 496.175. [Amended by 1971 c.658 4; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.180. [Amended by 1971 c.658 5; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.182. Protection and conservation programs; mitigation of adverse impact on local economies; compliance by state agencies; rules. (1) The burden of protecting and recovering threatened species or endangered species can be a significant cost to the citizens of this state and it is therefore the policy of this state to minimize duplication and overlap between state and federal laws dealing with threatened species or endangered species. To this end, nothing in this section is intended to prevent the adoption of cooperative state or federal programs when such programs provide protection for listed species without significant impact on the primary uses of state lands. (2)(a) At the time the State Fish and Wildlife Commission adds a species to the list of threatened species or endangered species under ORS 496.172, the commission shall establish by rule quantifiable and measurable guidelines that it considers necessary to ensure the survival of individual members of the species. These guidelines may include take avoidance and protecting resource sites such as spawning beds, nest sites, nesting colonies or other sites critical to the survival of individual members of the species. (b) The commission shall work with private landowners, affected cities, affected counties and affected local service districts, as defined in ORS 174.116, to mitigate the adverse impact on local economies when the commission adds a species to the list of threatened species or endangered species pursuant to ORS
ORS Chapter 496 — Application, Administration

ORS 496.185. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.192. Effect of law on commercial forestland or other private land; effect on other laws. (1) Nothing in ORS 496.004, 496.171 to 496.182 or 498.026 is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private land. (2) Notwithstanding subsection (1) of this section, other statutes may authorize administrative rules or programs to protect wildlife species, including threatened species or endangered species, and nothing in ORS 496.004, 496.171 to 496.182 or 498.026 shall diminish the force or effect of such rules or programs.
ORS Chapter 496 — Application, Administration

ORS 496.200. [Repealed by 1973 c.723 130] SALMON FOR INDIAN CEREMONIES
ORS Chapter 496 — Application, Administration

ORS 496.201. Department to furnish salmon for ceremonies; amount; source. (1) The State of Oregon shall, through the State Department of Fish and Wildlife, provide surplus salmon: (a) To the Confederated Coos, Lower Umpqua and Siuslaw Indian tribes for their historical, traditional and cultural salmon ceremonies that take place each year. (b) To the Cow Creek Band of the Umpqua Indians for their historical, traditional and cultural salmon ceremonies that take place each year. (c) To the Coquille Tribe for their historical, traditional and cultural salmon ceremonies that take place each year. (d) To the Burns Paiute Tribe for their historical, traditional and cultural salmon ceremonies that take place each year. (2) The salmon provided by the state shall meet the expressed needs of the Confederated Coos, Lower Umpqua and Siuslaw tribes, up to 1,000 pounds total, the Coquille Tribe, up to 1,000 pounds total, the Cow Creek Band of the Umpqua Indians, up to 1,000 pounds total, and the Burns Paiute Tribe, up to 500 pounds total. (3) The salmon provided by the state may be either surplus whole fish or carcasses. (4) Salmon may be taken from hatcheries under either the complete or joint control of the state.
ORS Chapter 496 — Application, Administration

ORS 496.205. [Amended by 1961 c.343 3; repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.206. Written request for salmon; contents; time for providing salmon. (1) The Indian tribes referred to in ORS 496.201 (1) are required to set forth, in writing, their request for salmon. This request shall be submitted by the duly elected tribal governing body no later than 40 days prior to the ceremony and shall include: (a) The poundage of salmon required; (b) The date of the ceremony; and (c) A contact person that the state may refer questions to. (2) Prior to any state action, the written request must be received by: (a) The State Department of Fish and Wildlife; (b) The Attorney General; and (c) The United States Department of Interior. (3) The salmon shall be provided to the Indian tribes referred to in ORS 496.201 (1) no later than 30 days after receiving a proper written request therefor.
ORS Chapter 496 — Application, Administration

ORS 496.210. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.211. Limitation on amount and use. (1) The State of Oregon shall be limited to a once a year provision of salmon pursuant to ORS 496.201. (2) If the Indian tribes referred to in ORS 496.201 (1) use salmon provided by the state for this purpose in any manner other than that described in ORS 496.201, they shall pay to the State Department of Fish and Wildlife the prevailing wholesale rate per pound of the entire amount of salmon supplied to that tribe or tribes for that year.
ORS Chapter 496 — Application, Administration

ORS 496.215. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.216. Disposition of salmon remaining after ceremony. Any salmon remaining after the ceremony may be distributed to tribal members without charge for their subsistence consumption only and not for sale, barter or gift to others, or may be donated to a nonprofit institution or agency.
ORS Chapter 496 — Application, Administration

ORS 496.220. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.221. ORS 496.201 to 496.221 not intended to extend Indian legal or political rights. Nothing in ORS
ORS Chapter 496 — Application, Administration

ORS 496.225. [Repealed by 1973 c.723 130] ACCESS AND HABITAT BOARD
ORS Chapter 496 — Application, Administration

ORS 496.228. Access and Habitat Board; qualification of members; expenses; term; meetings. (1) There is established within the State Department of Fish and Wildlife the Access and Habitat Board, consisting of seven members appointed by the State Fish and Wildlife Commission. (2) Three members shall be appointed to represent the broad spectrum of hunters. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director. (3) Three members of the board shall be appointed to represent the broad spectrum of agriculture and timber landowners. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director from a list of at least five persons submitted by the State Forester and the Director of Agriculture. (4) One member of the board shall be appointed to represent the public and shall serve as the board chairperson. (5) A member of the board shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties from such moneys as are made available by ORS 497.104. (6) The term of office of a member of the board is four years. A member of the board is eligible for reappointment. (7) An official action of the board may be taken only upon the affirmative vote of at least four members. (8) The board shall select such officers for such terms and with such duties and powers as the board considers necessary for the performance of those offices. (9) The board shall meet at such times and at such places as may be determined by the chair or by the majority of the members of the board.
ORS Chapter 496 — Application, Administration

ORS 496.235. [Repealed by 1973 c.723 130]
ORS Chapter 496 — Application, Administration

ORS 496.236. Advisory councils to board; duties; no compensation or expenses for members. (1) Individuals who reside in the various regions established for administration of the wildlife resources may form advisory councils, with membership in the same proportion as described for the board, to discuss and consider access and habitat programs and projects and to make recommendations thereon to the Access and Habitat Board. When the board considers proposals affecting a region, the board shall consult with the advisory council for that region if one exists. (2) Employees of the State Department of Fish and Wildlife or other professional biologists who are residents of the various regions may act in an advisory capacity to the various councils. (3) An individual who serves as a member of an advisory council shall receive no compensation or expenses for service as a member.
ORS Chapter 496 — Application, Administration

ORS 496.242. Access and habitat program funds. (1) Notwithstanding ORS 496.300, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.104 shall be deposited in the Access and Habitat Board Subaccount established in the Fish and Wildlife Account. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the Access and Habitat Board for the benefit of the wildlife resources of this state. (2) The State Department of Fish and Wildlife shall credit the subaccount with a sum equal to 15 percent of the other fund budget for the green forage and Deer Enhancement and Restoration programs in each biennium. (3) The department shall not assess its personnel costs in the administration of ORS 496.169 and 496.228 to 496.242 against the subaccount referred to in this section without the prior approval of the Access and Habitat Board.
ORS Chapter 496 — Application, Administration

ORS 496.245. [Repealed by 1973 c.723 130] HUNTING ON PUBLIC LANDS
ORS Chapter 496 — Application, Administration

ORS 496.246. Use of public lands for hunting; requirements regarding closure of access to public lands; exceptions. (1)(a) As used in this section, public lands means any land, or improvements thereon, owned by the State of Oregon. (b) Public lands open to access and use for hunting shall remain open to access and use for hunting, except as limited by a state agency for reasons of public safety or wildlife management or for any other reason determined by a state agency to be in the public interest. However, a state agency is not required to give preference to hunting over other uses of public lands. (2) In implementing subsection (1) of this section, state agencies shall, to the greatest extent practicable, avoid making determinations that result in a net loss of access to hunting on public lands. (3)(a) Before a state agency restricts or closes access to public lands open to access and use for hunting, the state agency shall notify the State Department of Fish and Wildlife in a sufficient amount of time of the plans to restrict or close access to the public lands in order to allow the department to post notice pursuant to paragraph (b) of this subsection. (b) In order to give hunters notice that a state agency plans to restrict or close access to public lands open to access and use for hunting and before a state agency may restrict or close access to the public lands, the department shall post notice on the departments website for 30 days after it receives notification under paragraph (a) of this subsection. (c) Paragraphs (a) and (b) of this subsection do not apply to restrictions or closures for: (A) Emergencies. (B) Fire prevention pursuant to the provisions of ORS 401.165 to 401.236 or 477.535 to 477.550. (C) Critical wildlife management activities. (4) On or before January 1 of each year, the State Fish and Wildlife Director shall submit a report to the Legislative Assembly that describes: (a) The amount, in acres, of public lands open to access and use for hunting that has been closed to hunting by state agencies in the previous calendar year and the reasons for each closure; and (b) The amount, in acres, of public lands that has been opened to access and use for hunting by state agencies in the previous calendar year.
ORS Chapter 496 — Application, Administration

ORS 496.250. [Repealed by 1971 c.418 23] OREGON CONSERVATION AND RECREATION FUND
ORS Chapter 496 — Application, Administration

ORS 496.252. Oregon Conservation and Recreation Fund. (1) The Oregon Conservation and Recreation Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Conservation and Recreation Fund shall be credited to the fund. (2) Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to carry out activities that serve to protect, maintain or enhance fish and wildlife resources in Oregon. The activities for which the department may expend fund moneys include, but are not limited to: (a) Promoting the health of Oregons ecosystems and fish and wildlife species by implementing conservation programs and strategies identified in the Oregon Conservation Strategy, as defined in ORS 541.890, including conservation programs and strategies for the nearshore identified in the marine component of the Oregon Conservation Strategy; (b) Improving engagement of the public in hunting and fishing opportunities and in other outdoor recreation opportunities related to and in support of healthy fish, wildlife and habitats; (c) Improving educational outreach and engagement of the public, including diverse and underserved communities, related to and in support of healthy fish, wildlife and habitats; (d) Engaging in, and providing funding for, joint projects of the department and the State Parks and Recreation Department or other state agencies as recommended by the Oregon Conservation and Recreation Advisory Committee established under ORS 496.254; and (e) Other conservation, management, research, habitat improvement, enforcement, outdoor recreation or education activities. (3) The fund shall consist of: (a) Moneys appropriated to the State Department of Fish and Wildlife for deposit in the fund or otherwise transferred to the fund; (b) Gifts, grants, contributions or other donations for use as described in subsection (2) of this section, that are received by the department from any public or private source and caused to be deposited and credited to the fund; and (c) Moneys in the subaccount described in subsection (4) of this section. (4) The Private Forest Accord Mitigation Subaccount is established in the fund. The subaccount shall consist of moneys appropriated to the department for deposit in the subaccount or otherwise transferred to the subaccount and gifts, grants, contributions or other donations that are received by the department from any public or private source and caused to be deposited and credited to the subaccount. Moneys in the subaccount may be used for: (a) The purposes described in, and the administration of, ORS 496.257. (b) Conducting outreach to persons that own or operate an artificial obstruction, as defined in ORS 509.580, to further the goal of fish passage. (c) Conducting outreach to persons that may undertake projects described in ORS
ORS Chapter 496 — Application, Administration

ORS 496.257. Private Forest Accord Grant Program; rules. (1) As used in this section, forestland and forest practice have the meanings given those terms in ORS 527.620. (2) The State Fish and Wildlife Commission shall establish by rule a Private Forest Accord Grant Program for the purpose of funding projects that mitigate impacts of forest practices by: (a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms. (b) Placing logs or other wood-based material in streams to promote natural stream functions. (c) Conserving, recruiting or reintroducing beavers to restore aquatic landscapes. (d) Developing or sustaining healthy riparian corridors or wet meadow complexes to reduce burn intensity during fires and protect streams from excess sediment after a fire. (e) Applying restoration treatments to densely stocked, single-species stands of trees to hasten the return of riparian function after tree harvesting. (f) Applying restoration treatments to stands of trees to enhance historic species diversity that benefits riparian function. (g) Supporting establishment of conservation easements on land other than forestland to protect riparian areas. (h) Supporting acquisition of an existing water right for conversion to an in-stream water right, as described in ORS 537.348, to improve in-stream flow conditions. (i) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs. (j) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms. (k) Undertaking other measures that effectively conserve or restore habitat for aquatic organisms addressed by a habitat conservation plan that is consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. (3) In administering the program, the commission: (a) Shall develop criteria for awarding a grant and a process for applying for a grant. (b) Shall award grants to most effectively mitigate impacts of forest practices, consistent with advice from the Private Forest Accord Mitigation Advisory Committee. (c) May award a grant to another agency. (d) May require the recipient of a grant to report to the commission on the use of grant funds. [2022 c.33 32] Note:
ORS Chapter 496 — Application, Administration

ORS 496.260. [1981 c.720 22; repealed by 2011 c.83 24] FISH AND WILDLIFE HABITAT IMPROVEMENT
ORS Chapter 496 — Application, Administration

ORS 496.266. action but were not added to ORS chapter 496 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 496 — Application, Administration

ORS 496.268. Fish and Wildlife Natural Climate Solutions Fund. (1) The Fish and Wildlife Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fish and Wildlife Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to: (a) Carry out the provisions of ORS 468A.189 (5); and (b) For the administrative expenses of the department in implementing ORS 468A.189, except that no more than 10 percent of moneys may be used for administrative expenses. (2) The Fish and Wildlife Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187. [2023 c.442 67] Note:
ORS Chapter 496 — Application, Administration

ORS 496.270. Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions. (1) The Legislative Assembly declares that it is the policy of the State of Oregon to encourage operators, timber owners and landowners to voluntarily improve fish and wildlife habitat. In order to carry out this policy, the Legislative Assembly encourages cooperation among operators, timber owners and landowners and other volunteers. (2) Consistent with the limitations of ORS 105.672 to 105.696, a landowner is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land by: (a) A volunteer conducting a fish and wildlife habitat improvement project; or (b) A participant of a state-funded or federally funded watershed or stream restoration or enhancement program. (3) An operator, timber owner or landowner shall not be held liable for any damages resulting from: (a) A fish and wildlife habitat improvement project done in cooperation and consultation with the State Department of Fish and Wildlife or the Oregon Watershed Enhancement Board, or conducted as part of a forest management practice in accordance with ORS 527.610 to 527.770, 527.990 and 527.992; or (b) Leaving large woody debris within the waters of this state to protect, retain and recruit large woody debris for the purposes of fish habitat and water quality improvement. (4) The limitations to liability provided by subsections (2) and (3) of this section do not apply if the damages, injury or death was caused by willful, wanton or intentional conduct on the part of the operator, timber owner or landowner or by the gross negligence of the operator, timber owner or landowner. As used in this subsection gross negligence means negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by indifference to or reckless disregard of the rights of others. (5) The limitation on liability provided by subsection (3) of this section does not apply to claims for death or personal injuries. [1993 c.701 2; 1997 c.207 1; 1999 c.863 3] Note:
ORS Chapter 496 — Application, Administration

ORS 496.272. Wildlife Corridor Action Plan. (1) The State Department of Fish and Wildlife shall collect, analyze and develop the best available science and data regarding the connectivity of wildlife habitat areas. The State Department of Fish and Wildlife, in cooperation with the Department of Transportation, shall use the data to develop a plan, to be known as the Wildlife Corridor Action Plan, to preserve long-term habitat connectivity for wildlife as defined in ORS
ORS Chapter 496 — Application, Administration

ORS 496.273. Agency assistance and advice regarding plan. All agencies of state government, as defined in ORS 174.111, are directed to assist and advise the State Department of Fish and Wildlife in the development of the Wildlife Corridor Action Plan and in the five-year reviews of the plan required under ORS