SENATE COMMITTEE ON NATURAL RESOURCES, AGRICULTURE, SALMON AND WATER

February 21, 2001 Hearing Room B

8:00 AM Tapes 37 , 39

(Tape 38 not used)

MEMBERS PRESENT: Sen. Ken Messerle, Chair

Sen. Frank Shields, Vice-Chair

Sen. Bill Fisher

Sen. Ginny Burdick

Sen. Jason Atkinson

Sen. Roger Beyer

Sen. Ryan Deckert

STAFF PRESENT: Judith Callens, Committee Administrator

Patricia Nielsen, Committee Assistant

MEASURE/ISSUES HEARD: SB 463 Work Session

SB 606 Public Hearing

Informational Meeting / Independent Multidisciplinary Science Team

Annual Report, Dr. Logan Norris

These minutes are in compliance with Senate and House Rules. Only text enclosed in quotation marks reports a speaker’s exact words. For complete contents, please refer to the tapes.

TAPE/#	Speaker	Comments
TAPE 37, A
005	Chair Messerle	Opens meeting at 8:05 a.m.
SB 463 – WORK SESSION
011	Judith Callens	Committee Administrator. Presents bill and proposed action.
015	Vice-chair Shields	Asks whether this is an environmentally-related bill properly before this committee.
020	Callens	Explains.
025	Sen. R. Beyer	MOTION: Moves SB 463 to the floor WITHOUT RECOMMENDATION as to passage and BE REFERRED to the committee on Business Labor and Economic Development.
025		VOTE: 5-0 EXCUSED: 2 - Burdick, Fisher
	Chair Messerle	Hearing no objection, declares the motion CARRIED.
025	Chair Messerle	Closes work session on SB 463. Opens public hearing on SB 606.
SB 606 – PUBLIC HEARING
027	Callens	Presents bill.
035	Tim Cremer	Introduces Tom Quintal.
040	Tom Quintal	Director of Government Affairs, Oregon Independent Miners (OIM). Presents written testimony of John Holleman (EXHIBIT A). Testifies in favor of bill.
125	John Lilly	Assistant Director, Division of State Lands (DSL). Submits written testimony (EXHIBIT C). Testifies as neutral at this time.
210	Chair Messerle	Asks about the effect of deletions on page 5, line 8 of bill on future permits and current permits.
215	Lilly	Responds.
225	Chair Messerle	Inquires whether DSL would recommend that change.
230	Lilly	Expresses no position on the bill.
235	Sen. Deckert	Asks what the bill would do to water quality.
240	Lilly	Explains.
250	Sen. Deckert	Suggests it would have an adverse effect.
255	Lilly	Elaborates.
280	Vice-chair Shields	Asks whether there was a visible difference environmentally with the compliance increase from 7 percent to 83 percent.
290	Lilly	Responds.
310	Chair Messerle	Returns to earlier question and suggests that the intent of the sponsors of the bill was to simply remove sunset and allow the permits to stay in effect.
320	Jeannette Holman	Division of State Lands. Responds.
350	Lilly	Responds further.
355	Holman	Elaborates.
370	Jim Neifert,	Oregon Parks and Recreation Department. Testifies in opposition, and submits written testimony (EXHIBIT D).
450	Sen. Burdick	Asks for clarification of his position.
455	Neifert	Responds.
TAPE 39, A (Tape 38 not used – damaged)
025	Chair Messerle	Asks about compliance, and results of the reports from 1993 to 1999.
030	Neifert	Answers.
040	Chair Messerle	Asks for update to 1993 report and suggests the miners have been responsible in complying with permitting requirements. Asks about specific problems with placer mines in scenic waterways.
045	Vice-chair Shields	Asks why DSL testimony made it a low priority to do the study again.
055	Neifert	Responds.
060	Vice-chair Shields	Asks for more information.
065	Chair Messerle	Asks for a copy of the 1993 report and update.
070	Sen. Fisher	Inquires whether dredging was helpful and actually improved streambeds.
075	Neifert	Offers to research.
080	Chair Messerle	Confirms that at time of Mt St Helens eruption, miners helped clean the streambeds.
090	Dick Springer	Sierra Club. Testifies in opposition to bill and submits written testimony (EXHIBIT E).
110	Chair Messerle	Asks about research to show how any water disturbance is bad for salmon.
120	Springer	Offers to get background.
125	Sen. Burdick	Asks for confirmation whether it is true only 1 percent of Oregon waterways are designated scenic.
130	Springer	Responds.
135	Sen. Fisher	Comments that floods often make salmon runs better and asks what makes water disturbance damaging.
136	Springer	Answers.
140	Sen. Fisher	Observes some dredged areas have not seen reduction in salmon.
155	Chair Messerle	Closes public hearing on SB 606. Opens informational meeting on the Independent Multidisciplinary Science Team (IMST).
INDEPENDENT MULTIDISCIPLINARY SCIENCE TEAM
170	Dr. Logan Norris	Chairman, Independent Multidisciplinary Science Team (IMST). Presents 2000 report and slide presentation about IMST. Submits written materials (EXHIBITS J, K).
260	Chair Messerle	Inquires how many members are on each subcommittee.
275	Norris	Responds and continues presentation.
TAPE 37, B
055	Chair Messerle	Observes that in the 2000 report it seems the team is concerned about follow-through of their recommendations and asks for comment.
065	Norris	Explains.
085	Chair Messerle	Asks whether the Oregon Department of Forestry (ODF) is unable to follow recommendations because it is undergoing a review process.
095	Norris	Agrees.
120	Chair Messerle	Acknowledges the need for scientific information and the danger of moving too fast. Asks whether models are available and useful.
130	Norris	Responds.
140	Chair Messerle	Asks about escapement models and ocean condition models.
145	Norris	Elaborates.
150	Vice-chair Shields	Asks about the process whereby the team makes reports to agencies which agree or disagree with recommendations, and about frustration level of team members if agencies disagree or don’t follow those recommendations.
170	Norris	Explains.
205	Vice-chair Shields	Asks whether there is pressure on the team not to be independent.
210	Norris	Responds.

220	Vice-chair Shields	Inquires about consequences to the Oregon Plan if the team’s recommendations are rejected and whether that would trigger a reaction from the Environmental Protection Agency (EPA).
230	Norris	Elaborates.
270	Vice-chair Shields	Asks whether the subject of SB 606 permits for placer mining is an appropriate subject for IMST comment.
285	Norris	Responds.
295	Chair Messerle	Observes he has never felt committee had a sense of what the priorities are and wonders whether habitat is the best place to focus.
310	Norris	Answers.
320	Chair Messerle	Asks about length of terms of IMST team members and recommendations for changing them.
330	Norris	Explains.
380	Chair Messerle	Expresses appreciation of the efforts of the team. Thanks Dr. Norris for his testimony. Closes informational meeting.
385	Chair Messerle	Adjourns meeting at 9:38 a.m.

Submitted By, Reviewed By,

Patricia Nielsen, Judith Callens,

Committee Assistant Committee Administrator

EXHIBIT SUMMARY

A – SB 606, written testimony, John Holleman, 2 pp

B – SB 606, written testimony, Tim Cremer, 1 p

C – SB 606, written testimony, Division of State Lands, John Lilly, 1 p

D – SB 606, written testimony, Oregon Parks and Recreation Dept, Jim Neifert, 2 pp

E – SB 606, written testimony, Sierra Club, Richard Springer, 1 p

F – SB 606, Summary of Activities in the Removal-Fill Program for Waters of the State, 1997-1999 Biennium, booklet, Division of State Lands, John Lilly, 205 pp

G – SB 606, Summary of 1998 Observations of Recreational and Small Scale Placer Mining in Oregon’s Designated Essential Indigenous Anadromous Salmonid Streams and State Scenic Waterways, April 1999, booklet, Division of State Lands, John Lilly, 32 pp

H – SB 606, Summary of 1997 Observations of Recreational and Small Scale Placer Mining in Oregon’s Designated Essential Indigenous Anadromous Salmonid Streams and State Scenic Waterways, March 1998, booklet, Division of State Lands, John Lilly, 53 pp

I – SB 606, Summary of 1996 Observations of Recreational and Small Scale Placer Mining in Oregon’s Designated Essential Indigenous Anadromous Salmonid Streams and State Scenic Waterways, December 1996, booklet, Division of State Lands, John Lilly, 97 pp

J – Independent Multidisciplinary Science Team, Dr. Logan Norris, 1 p

K – Independent Multidisciplinary Science Team, Dr. Logan Norris, 5 pp