Statute Text
is repealed only if
certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon
Laws 2022 (note below).
(Temporary provisions
relating to the Private Forest Accord)
Note:
Sections 54 and 60 to 64, chapter
33, Oregon Laws 2022, provide:
Sec. 54.
Statement of legislative intent concerning habitat conservation plan and
incidental take permit.
(1) The Legislative Assembly intends that the policies described in sections 1
to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act and the
amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680,
527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to
29, 40, 41 and 45 to 49 of this 2022 Act shall remain in effect only if:
(a) An incidental
take permit related to an approved habitat conservation plan consistent with
the Private Forest Accord Report dated February 2, 2022, and published by the
State Forestry Department on February 7, 2022, is issued on or before December
31, 2027;
(b) The State
Board of Forestry has not made a finding that the habitat conservation plan
imposes more than a de minimis difference in economic or resource impacts, at
the level of landscapes, relative to rules adopted or amended as part of the
rule package described in section 2 of this 2022 Act [527.711]; and
(c) The
incidental take permit remains in effect.
(2) The
legislative intent described in subsection (1) of this section is established
by sections 55 to 64 of this 2022 Act. [2022 c.33 §54]
Sec. 60.
Conditional repeals.
Sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act are
repealed. [2022 c.33 §60]
Sec. 61.
Operation of conditional provisions upon finding related to habitat
conservation plan.
(1) Except as otherwise provided in sections 62 and 63 of this 2022 Act, the
repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this
2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308,
496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990,
527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become
operative only if the State Board of Forestry finds, pursuant to section 55 (1)
and (2) of this 2022 Act, that the habitat conservation plan described in
section 55 (1) of this 2022 Act imposes more than a de minimis difference, as
described in section 55 (1) of this 2022 Act.
(2) If the board
finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat
conservation plan described in section 55 (1) of this 2022 Act imposes more
than a de minimis difference, as described in section 55 (1) of this 2022 Act,
the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of
this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308,
496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990,
527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become
operative on the 150th day after the date the board makes the finding. [2022
c.33 §61]
Sec. 62.
Operation of conditional provisions upon revocation or invalidation of
incidental take permit.
(1) Except as otherwise provided in sections 61 and 63 of this 2022 Act, the
repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this
2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308,
496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990,
527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become
operative only if:
(a) Pursuant to
section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not
make a finding or finds that the habitat conservation plan described in section
55 (1) of this 2022 Act does not impose more than a de minimis difference, as
described in section 55 (1) of this 2022 Act; and
(b) The
incidental take permit is subsequently revoked or invalidated.
(2) If the events
described in subsection (1)(a) and (b) of this section occur, the repeal of
sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by
section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252,
496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060
and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 240th
day after the date that any appeals process related to the revocation or
invalidation has been exhausted or foregone, whichever occurs first. [2022 c.33
§62]
Sec. 63.
Operation of conditional provisions upon failure to issue incidental take
permit on or before December 31, 2027.
(1) Except as otherwise provided in sections 61 and 62 of this 2022 Act, the
repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this
2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308,
496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990,
527.992, 610.060 and 610.105 by sections 65 to 76 of