ORS 196.919¹
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 required to remove material from bed or banks 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]

1 Legislative Counsel Committee, CHAPTER 196—Columbia River Gorge; Ocean Resource Planning; Wetlands; Removal and Fill, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors196.­html (2019) (last ac­cessed May 16, 2020).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information