reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.425 - Oregon Ocean Resources Management Program.

To ensure the conservation and development of ocean resources affecting Oregon consistent with the purposes of ORS 196.405 to 196.515, a program of ocean resource planning and management is established. This program shall be known as the Oregon Ocean Resources Management Program and is part of Oregon’s coastal management program. The Oregon Ocean Resources Management Program consists of:
(1) Applicable elements of the Oregon Coastal Management Program approved by the U.S. Secretary of Commerce on July 7, 1977, and as subsequently amended pursuant to the Coastal Zone Management Act of 1972, including statutes that apply to coastal and ocean resources, those elements of local comprehensive plans of jurisdictions within Oregon’s coastal zone as defined in the Oregon Coastal Management Program which may be affected by activities or use of resources within the ocean, and those statewide planning goals which relate to the conservation and development of ocean and coastal resources;
(2) The Ocean Policy Advisory Council or its successor;
(3) Those portions of the Oregon Ocean Resources Management Plan that are consistent with ORS 196.405 to 196.515; and
(4) The Territorial Sea Plan as reviewed by the council and submitted to the agencies represented on the council. [1987 c.576 §5; 1991 c.501 §5; 2003 c.744 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.435 - Primary agency for certain federal purposes; restrictions.

(1) The Department of Land Conservation and Development is designated the primary agency for coordination of ocean resources planning. The department is designated the State Coastal Management Agency for purposes of carrying out and responding to the Coastal Zone Management Act of 1972. The department shall assist:
(a) The Governor with the Governor’s duties and opportunities to respond to federal agency programs and activities affecting coastal and ocean resources; and
(b) The Ocean Policy Advisory Council.
(2) The provisions of ORS 196.405 to 196.515 do not change statutorily and constitutionally mandated responsibilities of other state agencies.
(3) ORS 196.405 to 196.515 do not provide the Land Conservation and Development Commission with authority to adopt specific regulation of ocean resources or ocean uses. [1987 c.576 §7; 1989 c.325 §1; 1991 c.501 §21; 2003 c.744 §7]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.443 - Duties of council.

(1) The purposes of the Ocean Policy Advisory Council are to:
(a) Periodically review the Territorial Sea Plan and submit recommendations for the plan to state agencies represented on the council. The council shall recommend deletions to the Territorial Sea Plan of all site designations and management prescriptions to the Land Conservation and Development Commission.
(b) Advance the policies of ORS 196.420 to the federal government and any multistate bodies.
(c) Provide a forum for discussing ocean resource policy, planning and management issues and, when appropriate, mediating disagreements.
(d) Recommend amendments to the Oregon Ocean Resources Management Plan as needed. If the recommended amendments to the plan incorporate the establishment of a system of limited marine reserves or other protected areas, the council also shall perform an economic analysis of short-term and long-term effects that the establishment of such areas would have on coastal communities. Any recommended amendments related to marine reserves or marine protected areas shall be submitted to the State Fish and Wildlife Commission for review and approval.
(e) Offer advice to the Governor, the State Land Board, state agencies and local governments on specific ocean resources management issues.
(f) Encourage participation of federal agencies in discussion and resolution of ocean resources planning and management issues affecting Oregon.
(2) The Ocean Policy Advisory Council may not, except to the extent of fulfilling its advisory capacity under subsection (1)(e) of this section, establish fishing seasons, harvest allocations, geographic restrictions or other harvest restrictions. [1991 c.501 §8; 2003 c.744 §9]
Note:
See note under 196.438.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.448 - Member compensation; meetings.

(1) A member of the Ocean Policy Advisory Council is entitled to compensation and expenses as provided in ORS 292.495.
(2) The council shall meet at least once every six months at a place, day and hour determined by the council. The council also shall meet at other times and places specified by the call of the chair or of a majority of the members of the council. [1991 c.501 §§9,10,11; 2003 c.744 §10]
Note:
See note under 196.438.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.453 - Project review panels; guidelines.

(1) The Ocean Policy Advisory Council may establish project review panels to address and coordinate the interests of state, federal and local governments in specific development proposals.
(2) The council may adopt guidelines to establish criteria to create review panels and determine the scope of the activities of the panel.
(3) A panel shall not have any authority independent of the council. The authority of any panel shall be that granted to it by the council. [1991 c.501 §16; 2003 c.744 §11]
Note:
See note under 196.451.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.455 - Coordination with federal programs.

To insure that the Oregon Ocean Resources Management Plan and Territorial Sea Plan are coordinated with federal agency programs for coastal and ocean resources, the Ocean Policy Advisory Council may invite federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information and review draft plan materials prepared by the council. [1987 c.576 §10; 1991 c.501 §13; 2003 c.744 §12]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.465 - Compatibility of acknowledged comprehensive plans.

(1) The Oregon Ocean Resources Management Plan and Territorial Sea Plan, when adopted pursuant to ORS 196.471, shall be compatible with acknowledged comprehensive plans of adjacent coastal counties and cities.
(2) To insure that the plan is compatible with the comprehensive plans of adjacent coastal counties and cities, the Ocean Policy Advisory Council shall work with the Department of Land Conservation and Development and any Oregon coastal zone management association to:
(a) Meet and consult with local government officials;
(b) Distribute draft materials and working papers for review and solicit comment on council materials; and
(c) Provide technical and policy information to local governments about ocean resource issues. [1987 c.576 §11; 1991 c.501 §14; 2003 c.744 §13]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.471 - Territorial Sea Plan review requirements.

(1) The Land Conservation and Development Commission shall review the Territorial Sea Plan and any subsequent amendments recommended by the Ocean Policy Advisory Council to either the Territorial Sea Plan or the Oregon Ocean Resources Management Plan and make findings that the plan or amendments recommended by the council:
(a) Carry out the policies of ORS 196.405 to 196.515; and
(b) Are consistent with applicable statewide planning goals, with emphasis on the four coastal goals.
(2) After making the findings required by subsection (1) of this section, the commission shall adopt the Territorial Sea Plan or proposed amendments as part of the Oregon Coastal Management Program.
(3)(a) If the commission does not make the findings required by subsection (1) of this section, the commission shall return the plan or amendments to the council for revision. The commission may specify any needed revisions.
(b) If the council makes subsequent recommendations for amendments, the council must:
(A) Include the commission’s specified revisions in the recommendations; and
(B) Make the subsequent recommendations for amendments within 155 days after the date that the commission returns the plan or amendments to the council for revision. The commission and the council may mutually agree to extend the time that the council is allowed under this subparagraph for submitting subsequent recommendations to the commission.
(c) If the council does not make the subsequent recommendations for amendments within the time provided for in paragraph (b)(B) of this subsection, the commission may adopt the Territorial Sea Plan amendments recommended by the council under subsection (1) of this section, including any needed revisions specified by the commission.
(4) Upon adoption of the Territorial Sea Plan or subsequent amendments the commission may, after consultation with affected state agencies, identify amendments to agency ocean or coastal resource management programs necessary to conform to the provisions of the adopted plan. [1991 c.501 §20; 1993 c.18 §35; 2013 c.416 §1]
Note:
196.471 was added to and made a part of 196.405 to 196.515 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.485 - State agency coordination requirements; incorporation of plans.

(1) If a state agency incorporates the Oregon Ocean Resources Management Plan and Territorial Sea Plan by reference in its coordination program and, upon a finding by the Land Conservation and Development Commission that the agency has amended its rules, procedures and standards to conform with the objectives and requirements of the plan and Territorial Sea Plan, the state agency shall satisfy the requirements of state agency planning and coordination required by ORS 197.180 for ocean planning.
(2) If a state agency does not incorporate the plan or Territorial Sea Plan in its coordination program, the agency shall be subject to the state agency coordination requirements of ORS chapters 195, 196, 197 and 197A for state agency programs, procedures and standards that in any way affect ocean resources.
(3) State agency programs or rules for management of ocean resources or ocean uses shall be consistent with the Oregon Ocean Resources Management Plan and the Territorial Sea Plan. [1987 c.576 §17; 1991 c.501 §17]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.540 - Marine reserves; rules.

The State Department of Fish and Wildlife, State Fish and Wildlife Commission, State Land Board and relevant state agencies shall, consistent with existing statutory authority, implement:
(1) The November 29, 2008, recommendations from the Ocean Policy Advisory Council on marine reserves by adopting rules to establish, study, monitor, evaluate and enforce a pilot marine reserve at Otter Rock and a pilot marine reserve and a marine protected area at Redfish Rocks.
(2) The January 25, 2011, recommendations, limited to those related to boundaries and allowances, from the State Department of Fish and Wildlife on marine reserves by adopting rules to establish, study, monitor, evaluate and enforce:
(a) A marine reserve and two marine protected areas at Cape Falcon;
(b) A marine reserve and three marine protected areas at Cascade Head; and
(c) A marine reserve, two marine protected areas and a seabird protection area at Cape Perpetua. [2009 c.847 §1; 2012 c.27 §2]
Note:
196.540 to 196.555 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.542 - Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule.

(1) The State Fish and Wildlife Commission may not impose prohibitions on fishing by rule pursuant to ORS 196.540 until the baseline data specified in ORS 196.545 (2)(f) have been collected consistent with scientifically based monitoring plans.
(2) In implementing the activities described in ORS 196.540 pursuant to ORS 196.545, the State Department of Fish and Wildlife shall use local resources where feasible and practical. [2012 c.27 §3]
Note:
See note under 196.540.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.545 - Work plan; use of data and recommendations.

(1) The State Department of Fish and Wildlife, in consultation with members from the scientific and technical advisory committee established under ORS 196.451, other relevant marine and fishery scientists, relevant state agencies, ocean users and coastal communities shall implement the activities described in ORS 196.540 by developing a work plan.
(2) The work plan shall contain the following elements regarding the marine reserves described in ORS 196.540:
(a) A biological assessment, including information on habitat characterization, biological resources, local knowledge and, for the established pilot marine reserves, monitoring plans.
(b) A socioeconomic assessment, including a description of human uses, net effects on sport and commercial fisheries and communities and, for the established pilot marine reserves, monitoring plans.
(c) Formation of community teams, with diverse and balanced stakeholder representation that includes local government, recreational fishing industry, commercial fishing industry, nonfishing industry, recreationalists, conservation, coastal watershed councils, relevant marine and avian scientists, to collaborate and develop recommendations for potential marine reserves, considering the biological and socioeconomic information developed under this section. Collaboration may be facilitated by a neutral outside party hired through a competitive bidding process.
(d) Provision of information on the process and data gathered to interested parties and made available to the public.
(e) Development of scientifically based goals specific to each of the marine reserve sites, incorporating continuity and cumulative outcomes, benefits and impacts.
(f) Provision of baseline data on Oregon’s territorial sea, as defined in ORS 196.405.
(g) Development of an enforcement plan in consultation with the Oregon State Police and representatives from affected user groups.
(h) Use of communities and volunteers to assist in implementing the work plan where feasible and practical.
(3) The data and recommendations produced from the work plan and other available nearshore data shall be used by the State Department of Fish and Wildlife, in consultation with the Ocean Policy Advisory Council, to recommend the number, size, location and restriction limits of the potential sites for marine reserve designation, consistent with Executive Order 08-07. If, through this process, it is determined that other appropriate sites need to be considered or that potential sites are not consistent with Executive Order 08-07, then the data and recommendations produced shall be provided to the public, the State Department of Fish and Wildlife and other relevant state agencies for future purposes relevant to nearshore management. [2009 c.847 §2]
Note:
See note under 196.540.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.550 - Funding.

(1) The State Department of Fish and Wildlife may accept only gifts, grants or contributions from any source for deposit in the State Wildlife Fund established in ORS 496.300 that are consistent with the department’s work plan specified in ORS 196.545.
(2) Any designation of marine reserves in Oregon’s territorial sea must include commitments by relevant state agencies to pursue long-term funding necessary to enforce prohibitions, support necessary research and monitoring and provide for public education.
(3) If funding cannot be secured to meet the enforcement and research-based monitoring needs associated with the goals specified in ORS 196.545 (2)(e), agencies responsible for managing the marine reserves shall make recommendations to the State Fish and Wildlife Commission and the Legislative Assembly and initiate actions to scale down or suspend fisheries prohibitions in the marine reserves. [2009 c.847 §5]
Note:
See note under 196.540.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.555 - Reporting; rules.

Designation of marine reserves requires periodic reporting by the State Department of Fish and Wildlife in consultation with other relevant state agencies on the accomplishment of the goals described in ORS 196.545 (2)(e). The State Department of Fish and Wildlife and the State Land Board shall, based on review of the periodic reporting, initiate appropriate rulemaking adjustments that may include size, location and restrictions on marine reserves. [2009 c.847 §6]
Note:
See note under 196.540.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.565 - Oregon Ocean Science Trust; members; terms; compensation and expenses; rules.

(1) The Oregon Ocean Science Trust is established, consisting of seven members appointed as follows:
(a) The President of the Senate shall appoint one member from among members of the Senate.
(b) The Speaker of the House of Representatives shall appoint one member from among members of the House of Representatives.
(c) The State Land Board shall appoint five members who:
(A) Are residents of this state who demonstrate a commitment and interest in the stewardship of Oregon’s ocean and coastal resources; and
(B) Have not less than five years’ experience in competitive granting, marine science, foundations or fiscal assurance.
(2) The term of office of each voting member appointed under subsection (1)(c) of this section is four years, but a member serves at the pleasure of the board. Before the expiration of the term of a member, the board shall appoint a successor whose term begins on January 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the board shall make an appointment to become immediately effective for the unexpired term.
(3) A majority of the voting members of the trust constitutes a quorum for the transaction of business.
(4) The trust shall select one of its voting members to be the executive director of the trust, for such terms and with the duties and powers that the trust determines are necessary for the performance of the office.
(5) The trust shall meet at least twice each year at a place, day and hour determined by the trust. The trust may also meet at other times and places specified by the call of the executive director or of a majority of the voting members of the trust.
(6) The trust may adopt any rules necessary to carry out the duties of the trust.
(7) Members of the trust who are not members of the Legislative Assembly are not entitled to compensation, but may be reimbursed for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amounts provided for in ORS 292.495. Claims for expenses incurred in performing functions of the trust shall be paid out of funds appropriated to the Department of State Lands for purposes of administering the trust.
(8) Members of the Legislative Assembly appointed to the trust are nonvoting members of the trust and may act in an advisory capacity only.
(9) The Department of State Lands shall provide a facility and administrative support for the meetings of the trust as requested. Other agencies shall provide support as requested by the trust in order to provide the trust with assistance on the priority marine science needs of the state. [2013 c.776 §1; 2014 c.2 §1]
Note:
196.565 to 196.569 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.566 - Trust duties.

The Oregon Ocean Science Trust shall:
(1) Promote peer-reviewed, competitive research and monitoring that leads to increased knowledge and understanding of Oregon’s ocean and coastal resources;
(2) Promote innovative, collaborative, community-oriented, multi-institutional approaches to research and monitoring related to Oregon’s ocean and coastal resources;
(3) Enhance this state’s capacity for peer-reviewed scientific ocean and coastal research; and
(4) Subject to available funding, establish and execute a competitive grant program to conduct research and monitoring related to Oregon’s ocean and coastal resources. [2013 c.776 §2]
Note:
See note under 196.565.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.567 - Oregon Ocean Science Fund; sources; uses.

(1) The Oregon Ocean Science Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Ocean Science Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Oregon Ocean Science Trust for the purpose of carrying out the provisions of ORS 196.565, 196.566, 196.568 and 196.569.
(2) The trust may accept grants, donations, contributions or gifts from any source for deposit in the fund.
(3) The fund shall consist of:
(a) Moneys accepted by the trust pursuant to subsection (2) of this section;
(b) Moneys appropriated by the Legislative Assembly;
(c) Interest earned on moneys in the fund;
(d) Any moneys described in subsection (4) of this section; and
(e) Other moneys deposited in the fund from any source.
(4) Subject to and consistent with federal law, any moneys received by the State of Oregon from the federal government that constitute the state’s distributive share of the amounts collected under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., shall be deposited in the fund.
(5) Of the moneys in the fund that are derived from the state’s distributive share of the amounts collected under the Outer Continental Shelf Lands Act, 43 U.S.C. 1331 et seq., the coastal county adjacent to the lands containing tracts for which the moneys are received by the state shall receive 30 percent of the distributive share received by the state for those lands. Where the lands containing tracts for which moneys are received are located adjacent to more than one county of this state, each county adjacent to the lands shall receive a portion of the 30 percent allocation that is proportionate to the area of the lands that are adjacent to the county. [2013 c.776 §3; 2019 c.94 §2]
Note:
See note under 196.565.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.568 - Reimbursement from fund.

(1) Moneys deposited in the Oregon Ocean Science Fund may be used to reimburse:
(a) The State Treasurer for the costs of administering the fund as provided in ORS 196.567.
(b) The Department of State Lands for the costs of administering the Oregon Ocean Science Trust as provided in ORS 196.565 (7) and (9).
(c) Other agencies for the costs of providing support to the trust as requested under ORS 196.565 (9).
(2) The total amount of costs paid under this section may not exceed five percent of the total amount of moneys deposited in the fund during the biennium. [2013 c.776 §4; 2014 c.2 §2]
Note:
See note under 196.565.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.569 - Report.

The Oregon Ocean Science Trust shall submit a report to the Legislative Assembly, in the manner provided by ORS 192.245, by March 31 of each even-numbered year, describing the progress of the trust in carrying out its duties specified in ORS 196.566. The report may include relevant issues and trends of significance, including emerging scientific research and public policy. [2013 c.776 §5]
Note:
See note under 196.565.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.570 - Agreements between Oregon Ocean Science Trust and private organizations; records; use of funds.

(1) In order to further the strategic priorities of the Oregon Ocean Science Trust, the executive director of the Oregon Ocean Science Trust may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations in support of the work of the trust.
(2) At least 30 days before the executive director may enter into an agreement under subsection (1) of this section, the trust shall:
(a) Submit a copy of the proposed agreement to the Legislative Assembly in the manner provided by ORS 192.245; and
(b) Provide public notice of the proposed agreement on the trust’s website.
(3) The executive director may advise, and receive advice from, the organization described in subsection (1) of this section. If allowed by the charter and bylaws of the organization, the executive director may serve as a voting or nonvoting member of the board of directors of the organization, except that the executive director may not:
(a) Serve as chairperson of the board of directors of the organization.
(b) Vote for, or appoint, other members of the board of directors of the organization.
(c) Exercise any control of the financial affairs of the organization.
(d) Oversee the daily operations of the organization.
(4) Each organization described in subsection (1) of this section shall maintain records regarding the gifts, grants and donations solicited in support of the work of the trust and, at the request of the trust, shall provide the trust with the information contained in the records.
(5) Funds received by an organization under this section that are transferred to the trust shall be deposited in the Oregon Ocean Science Fund to be used as provided for in ORS 196.567.
(6) The provisions of this section do not affect the authority of any state agency other than the trust to enter into agreements with private organizations under which the organization shall solicit gifts, grants and donations for the benefit of the state agency. [2019 c.94 §1]
Note:
196.570 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.571 - Policy.

The Legislative Assembly finds and declares that ocean acidification and hypoxia severely endanger the state’s commercially and culturally significant ocean resources. The Legislative Assembly therefore declares it to be the policy of the state to ensure a coordinated, effective response to ocean acidification and hypoxia. To facilitate efforts that are coordinated and effective, it is the state’s policy to support ocean acidification and hypoxia actions and initiatives that are developed through close collaborations between federal, state and local agencies, academic institutions and commercial industries, among others. [2017 c.744 §1]
Note:
196.571 to 196.573 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.575 - Authorization to obtain federal oceanographic data; joint liaison program; use of data.

(1) The Department of Land Conservation and Development is authorized to participate on behalf of the State of Oregon with the States of Washington, California, Alaska and Hawaii in a joint liaison program with the Center for Ocean Analysis and Prediction of the National Oceanic and Atmospheric Administration.
(2) The objective of the program is to assist the states in taking maximum advantage of the oceanographic data, products and services available from the federal government through the Center for Ocean Analysis and Prediction.
(3) The Department of Land Conservation and Development shall integrate data obtained through the liaison program for use by other state agencies and maximize the use of the State Service Center for Geographic Information Systems. [1991 c.524 §§1,3]
Note:
196.575 and 196.580 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 196 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.580 - Liaison program duties.

(1) The liaison program shall:
(a) Assist state and local governments to become fully aware of oceanographic data and products available from the federal government and in particular from the Center for Ocean Analysis and Prediction.
(b) Assist the Center for Ocean Analysis and Prediction and the National Oceanic and Atmospheric Administration to become more fully aware of state and local problems and the requirements of state and local governments.
(c) Assist in setting up lines of communication to move oceanographic data and products from the Center for Ocean Analysis and Prediction to the people in the states who need those data and products.
(2) The liaison program also shall include workshops for small groups of technical experts from state and local governments, academic institutions and the private sector. The workshops shall be held at the Center for Ocean Analysis and Prediction in Monterey, California, and at other facilities in the western states as appropriate. [1991 c.524 §2]
Note:
See note under 196.575.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.583 - Requirement to share geological data regarding territorial sea floor.

Any person authorized by a public body, as defined in ORS 174.109, to develop energy resources in Oregon’s territorial sea, shall share any geological and geophysical data, including bathymetry, backscatter, seismic reflection and sample data, generated by the person regarding Oregon’s territorial sea floor with the Oregon territorial sea mapping project at Oregon State University. [2013 c.208 §1]
Note:
196.583 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 196 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.600 - Definitions for ORS 196.600 to 196.655.

As used in ORS 196.600 to 196.655:
(1) "Compensatory mitigation" means activities conducted by a permittee or third party to create, restore, enhance or preserve the functions and values of the water resources of this state to compensate for the removal-fill related adverse effects of project development to waters of this state or to resolve violations of ORS 196.800 to 196.921. Compensatory mitigation for removal-fill activities does not affect permit requirements of other state departments.
(2) "Credit" means the measure of the increase in the functions and values of the water resources of this state achieved at a mitigation bank site.
(3) "Mitigation bank" means a site created, restored, enhanced or preserved in accordance with ORS 196.600 to 196.655 to compensate for unavoidable adverse impacts to waters of this state due to activities which otherwise comply with the requirements of ORS 196.600 to 196.921.
(4) "Mitigation bank instrument" means the legally binding and enforceable agreement between the Director of the Department of State Lands and a mitigation bank sponsor that formally establishes the mitigation bank and stipulates the terms and conditions of the mitigation bank’s construction, operation and long-term management.
(5) "Off-site compensatory mitigation" means activities conducted away from the project site that create, restore, enhance or preserve the functions and values of the water resources of this state in order to compensate for the adverse impacts to waters of this state from project development.
(6) "On-site compensatory mitigation" means activities conducted at the project site to create, restore, enhance or preserve the functions and values of the water resources of this state in order to compensate for the adverse impacts to waters of this state from project development.
(7) "Permit action" means activity under a specific removal or fill permit or other authorization requested or issued under ORS 196.600 to 196.921.
(8) "Service area" means the boundaries set forth in a mitigation bank instrument that include one or more watersheds identified on the United States Geological Survey, Hydrologic Unit Map - 1974, State of Oregon, for which a mitigation bank provides credits to compensate for adverse effects from project developments to waters of this state. Service areas for mitigation banks are not mutually exclusive.
(9) "Statewide Comprehensive Outdoor Recreation Plan" means the plan created by the State Parks and Recreation Department pursuant to the federal Land and Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460-L et seq.). [Formerly 541.550; 1995 c.370 §2; 2003 c.738 §3; 2009 c.343 §1]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.605 - Purpose.

It is the purpose of ORS 196.600 to 196.655 to:
(1) Promote, in concert with other federal and state programs as well as interested parties, the maintenance and conservation of the water resources of this state;
(2) Improve cooperative efforts among private, nonprofit and public entities for the management and protection of the waters of this state;
(3) Offset losses of the functions and values of the water resources of this state caused by activities that otherwise comply with state and federal law in order to create, restore, enhance or preserve those functions and values;
(4) Maintain and encourage a predictable, efficient regulatory framework for environmentally acceptable development;
(5) Provide an option for accomplishing off-site compensatory mitigation when on-site compensatory mitigation is not practicable; and
(6) Allow the use of mitigation banks to offset adverse effects from removal or fill activities on the waters of this state. [Formerly 541.555; 2003 c.738 §4; 2009 c.343 §2]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.610 - Powers of Director of Department of State Lands; fees.

Subject to approval by the State Land Board, the Director of the Department of State Lands may:
(1) Charge a fee for purchase of credits in the mitigation bank as provided by ORS 196.600 to 196.655.
(2) Acquire or accept title to lands suitable for use in mitigation banks or actions, or to preserve sensitive or unique habitat in or near the waters of this state.
(3) Pay costs incurred for alterations needed to create, restore, enhance or preserve waters of this state for purposes of carrying out the provisions of ORS 196.600 to 196.655 or 196.800 to 196.921.
(4) Authorize payment of administrative, research or scientific monitoring expenses of the Department of State Lands in carrying out the provisions of ORS 196.600 to 196.655 or 196.800 to 196.921.
(5) Disburse funds received under the federal Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et seq.), for such purposes as specifically stipulated in a grant award.
(6) Receive funds under the federal Emergency Wetlands Resources Act of 1986, P.L. 99-645, for the voluntary acquisition of wetlands and interests therein according to the wetlands provisions of the Statewide Comprehensive Outdoor Recreation Plan. Funds received under the federal Emergency Wetlands Resources Act of 1986, P.L. 99-645, shall be used for nonmitigation complementary purposes and programs of ORS 196.600 to 196.655. [Formerly 541.557; 1993 c.18 §36; 2003 c.738 §5; 2009 c.343 §3]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.615 - Program for mitigation banks; program standards and criteria; rules.

(1) In accordance with the provisions of ORS 196.600 to 196.655, upon the approval of the State Land Board, the Director of the Department of State Lands shall initiate and implement a program for mitigation banks. The director shall encourage the development of and the expeditious approval of mitigation banks and other types of compensatory mitigation.
(2) Subject to the approval of the State Land Board, the Department of State Lands shall adopt, by rule, standards and criteria for the site selection process, operation and evaluation of mitigation banks. Criteria to be considered shall include but need not be limited to:
(a) Historical trends relating to the waters of this state, including the estimated rate of current and future losses of the respective types of waters of this state.
(b) The contributions of the waters of this state to:
(A) Wildlife, migratory birds and resident species;
(B) Commercial and sport fisheries;
(C) Surface and ground water quality and quantity, and flood moderation;
(D) Outdoor recreation including enhancement of scenic waterways; and
(E) Scientific and research values.
(c) Regional economic needs.
(3) The rules adopted by the department under this section must also include:
(a) Guidelines for the use of mitigation banks to compensate for adverse effects of project development or to resolve violations of ORS 196.800 to 196.921 related to waters of this state; and
(b) Guidelines for allowing a permittee or third party to create a mitigation bank or to conduct compensatory mitigation in order to create, restore, enhance or preserve water resources of this state.
(4) For each mitigation bank, the department shall establish a well-defined plan, including preliminary objectives, inventory of resource values and an evaluation and monitoring program. [Formerly 541.560; 1991 c.67 §48; 2003 c.738 §6; 2009 c.343 §4]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.623 - Watershed enhancement project as mitigation bank; sale of mitigation credit.

(1) The Department of State Lands may approve a watershed enhancement program and certify the project as a mitigation bank under ORS 196.600 to 196.655 if the watershed enhancement program complies with the rules adopted by the department under ORS 196.615 for certification of a program as a mitigation bank.
(2) A person, state agency, federal agency, federally recognized Indian tribe, watershed council or political subdivision in this state that owns land upon which is located a watershed enhancement program that qualifies as a mitigation bank under subsection (1) of this section may sell mitigation credit from the mitigation bank subject to ORS 196.600 to 196.655 and the rules of the Department of State Lands adopted under ORS 196.600 to 196.655. [1997 c.444 §2; 2009 c.343 §6]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.625 - Fill and removal activities in mitigation banks; reports.

(1) The Director of the Department of State Lands shall maintain a record of fill and removal activities and actions for each mitigation bank implemented and conduct monitoring of mitigation banks with moneys from the Oregon Removal-Fill Mitigation Fund.
(2) The director shall provide annual reports to the State Land Board on moneys spent and received for each mitigation bank. [Formerly 541.567; 2003 c.738 §8; 2009 c.343 §7]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.630 - Rules.

Subject to the approval of the State Land Board, the Director of the Department of State Lands shall adopt rules according to the provisions of ORS chapter 183 to carry out the provisions of ORS 196.600 to 196.655. [Formerly 541.570]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.635 - Director to consult and cooperate with other agencies and interested parties.

(1) The provisions of ORS 196.600 to 196.655 shall be carried out by the Director of the Department of State Lands. The Department of State Lands shall solicit, but not be bound by, comments from the State Department of Fish and Wildlife, Department of Transportation, Department of Land Conservation and Development, Department of Environmental Quality, Oregon Business Development Department, federal natural resources and regulatory agencies, affected local governments and special districts, conservation organizations and other interested parties. All comments shall be in writing and provided to the Department of State Lands and mitigation bank sponsor within 30 days of solicitation by the Department of State Lands. If comments are not received by the Department of State Lands from a state agency or from an affected local government or special district within 30 days of solicitation, the director shall assume that the state agency, local government or special district does not desire to provide comments.
(2) In cooperation with the parties in subsection (1) of this section, the director, in consultation with the State Land Board, shall:
(a) Review opportunities for inclusion of appropriate wetlands in the Statewide Comprehensive Outdoor Recreation Plan.
(b) Develop and recommend a wetlands priority plan for inclusion in the Statewide Comprehensive Outdoor Recreation Plan. The wetlands priority plan shall be complementary to the purposes and programs under ORS 196.600 to 196.655.
(3) The director shall confer with the Oregon Watershed Enhancement Board to develop criteria to certify watershed enhancement projects as mitigation banks. [Formerly 541.575; 1997 c.444 §4; 2003 c.738 §9]
2023 Oregon Revised Statutes › Volume : 05 - State Government, Government Procedures, Land Use › Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill › Section 196.640 - Oregon Removal-Fill Mitigation Fund; rules.

(1) The Oregon Removal-Fill Mitigation Fund is established, separate and distinct from the General Fund. All moneys received under ORS 196.645 shall be paid into the State Treasury and credited to the Oregon Removal-Fill Mitigation Fund. All moneys in the fund are appropriated continuously to the Department of State Lands to be used by the department as set forth in ORS 196.650. The moneys in the fund may be invested and reinvested as provided in ORS 293.701 to 293.857. Interest earned by the fund shall be credited to the fund.
(2) The department shall keep a record of all moneys deposited in the fund. The record shall indicate by separate cumulative accounts the source from which the moneys are derived and the individual activity or program against which each withdrawal is charged.
(3) The department shall publish annually the record of moneys deposited in and removed from the fund.
(4) The department may adopt rules for prioritizing expenditures from the fund for the purposes specified in ORS 196.650. [Formerly 541.577; 2003 c.738 §10; 2009 c.343 §9]