ORS 196.919
Memoranda of understanding


(1)

The Department of State Lands and the State Department of Agriculture shall enter into a memorandum of understanding providing for the State Department of Agriculture to implement ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding). Subject to the terms of the memorandum of understanding, the State Department of Agriculture:

(a)

May perform the functions of the Department of State Lands in implementing and enforcing ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding).

(b)

Shall, in coordination with soil and water conservation districts, work to provide education on the requirements of ORS 196.906 (Legislative findings and declarations) to 196.919 (Memoranda of understanding).

(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 (Permit for removal of material from or fill of waters).

(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 (Legislative findings and declarations) to 196.919 (Memoranda of understanding).

(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 (Legislative findings and declarations) to 196.919 (Memoranda of understanding) to determine whether implementation changes are required to best carry out the policy stated in ORS 196.906 (Legislative findings and declarations). [2019 c.699 §8]
Note: See note under 196.906 (Legislative findings and declarations).
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 (“State government” defined), 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 (Legislative findings and declarations) to 196.919 (Memoranda of understanding)] and ORS 196.816 (General permits allowing removal of certain amount of material for maintaining drainage) (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 (Form of report to legislature), 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 (Memoranda of understanding) (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 (Legislative findings and declarations) to 196.919 (Memoranda of understanding)], 10 and 12 of this 2019 Act and the amendments to ORS 196.816 (General permits allowing removal of certain amount of material for maintaining drainage) 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 (Memoranda of understanding) (3)];

(c)

Include information on the number of notices required under section 4 of this 2019 Act [196.911 (Maintenance without permit)] 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 (Form of report to legislature) 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]
(Applicability; Rules)

Source: Section 196.919 — Memoranda of understanding, https://www.­oregonlegislature.­gov/bills_laws/ors/ors196.­html.

196.105
Definitions for ORS 196.105 to 196.125
196.107
Legislative findings on management plan
196.109
Effect of revision of urban area boundaries within scenic area on management plan
196.110
Land use regulation in Columbia River Gorge National Scenic Area
196.115
Appeal from decision of Columbia River Gorge Commission or county
196.120
Exercise of eminent domain
196.125
Buffer by regulation around Columbia River Gorge National Scenic Area prohibited
196.150
Compact provisions
196.155
Authority for state officers and agencies to carry out duties under compact
196.160
Membership on Columbia River Gorge Commission
196.165
Status of commission employees for purposes of certain benefits
196.175
Pacific Ocean Resources Compact ratified
196.180
Compact provisions
196.185
Representation on compact
196.200
Definitions for ORS 196.200 to 196.240 and 196.993
196.205
Establishment of Willamette Falls Locks Authority as independent public corporation
196.210
Membership of authority
196.215
Executive director
196.220
Powers and duties of authority
196.225
Creation of tax-exempt entity by authority
196.230
Revenue bonds issued by authority
196.235
Financing agreements
196.240
Audits
196.405
Definitions for ORS 196.405 to 196.515
196.407
Policy
196.408
Duties of state agencies
196.410
Legislative findings for offshore oil and gas leasing
196.415
Legislative findings for ocean resources management
196.420
Policy
196.425
Oregon Ocean Resources Management Program
196.435
Primary agency for certain federal purposes
196.438
Ocean Policy Advisory Council
196.443
Duties of council
196.448
Member compensation
196.451
Technical advisory committee
196.453
Project review panels
196.455
Coordination with federal programs
196.465
Compatibility of acknowledged comprehensive plans
196.471
Territorial Sea Plan review requirements
196.485
State agency coordination requirements
196.515
Short title
196.540
Marine reserves
196.542
Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule
196.545
Work plan
196.550
Funding
196.555
Reporting
196.565
Oregon Ocean Science Trust
196.566
Trust duties
196.567
Oregon Ocean Science Fund
196.568
Reimbursement from fund
196.569
Report
196.570
Agreements between Oregon Ocean Science Trust and private organizations
196.571
Policy
196.572
Oregon Coordinating Council on Ocean Acidification and Hypoxia
196.573
Council duties
196.575
Authorization to obtain federal oceanographic data
196.580
Liaison program duties
196.583
Requirement to share geological data regarding territorial sea floor
196.600
Definitions for ORS 196.600 to 196.655
196.605
Purpose
196.610
Powers of Director of Department of State Lands
196.615
Program for mitigation banks
196.620
Resource values and credits for mitigation banks
196.623
Watershed enhancement project as mitigation bank
196.625
Fill and removal activities in mitigation banks
196.630
Rules
196.635
Director to consult and cooperate with other agencies and interested parties
196.640
Oregon Removal-Fill Mitigation Fund
196.643
Payments to comply with permit condition, authorization or resolution of violation
196.645
Sources of fund
196.650
Use of fund
196.655
Report on Oregon Removal-Fill Mitigation Fund
196.660
Effect of ORS 196.600 to 196.655
196.665
Short title
196.668
Legislative findings
196.672
Policy
196.674
Statewide Wetlands Inventory
196.676
Response to notices from local governments
196.678
Wetland conservation plans
196.681
Duties of department
196.682
Permits required for removal or fill
196.684
Amendment of plans
196.686
Acknowledged estuary management plans
196.687
Regulation of alteration or fill of artificially created wetlands
196.688
Public information program
196.692
Rules
196.795
Streamlining process for administering state removal or fill permits
196.800
Definitions for ORS 196.600 to 196.921
196.805
Policy
196.810
Permit for removal of material from or fill of waters
196.812
Large woody debris
196.815
Application for permit
196.816
General permits allowing removal of certain amount of material for maintaining drainage
196.817
General permits
196.818
Wetland delineation reports
196.820
Prohibition against issuance of permits to fill Smith Lake or Bybee Lake
196.825
Criteria for issuance of permit
196.830
Estuarine resource replacement as condition for fill or removal from estuary
196.835
Hearing regarding issuance of permit
196.845
Investigations and surveys
196.850
Waiving permit requirement in certain cases
196.855
Noncomplying removal of material or filling as public nuisance
196.860
Enforcement powers of director
196.865
Revocation, suspension or refusal to renew permit
196.870
Abatement proceedings
196.875
Double and treble damages for destruction of public right of navigation, fishery or recreation
196.880
Fill under permit presumed not to affect public rights
196.885
Annual report of fill and removal activities
196.890
Civil penalties
196.895
Imposition of civil penalties
196.900
Schedule of civil penalties
196.906
Legislative findings and declarations
196.909
Definitions
196.911
Maintenance without permit
196.913
Prohibitions
196.915
State agencies’ review and responses to notice
196.917
Notice of violation
196.919
Memoranda of understanding
196.921
Applicability
196.931
Monitoring fill and removal activities
196.990
Penalties for unpermitted removal from or filling of waters
196.993
Penalties for unauthorized use of Willamette Falls Locks
Green check means up to date. Up to date