HOUSE COMMITTEE ON
AGRICULTURE AND NATURAL RESOURCES
April 11, 2005 Hearing Room SISTERS, OR
1:00 P.M. Tapes 43 - 46
Corrected 9/27/2005)
MEMBERS PRESENT: Rep. Patti Smith, Chair
Rep. Brian Boquist, Vice-Chair
Rep. Arnie Roblan, Vice-Chair
Rep. Terry Beyer
Rep. Chuck Burley
Rep. Mark Hass
Rep. Mac Sumner
STAFF PRESENT: Patrick Brennan, Committee Administrator
Jania Zeeb, Committee Assistant
MEASURES/ISSUES HEARD:
2005 Climate Outlook – Informational Meeting
HB 2729 – Public Hearing and Work Session
HB 2929 – Public Hearing
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 43, A |
||
004 |
Chair P. Smith |
Calls the meeting to order at 1:01 p.m. |
009 |
|
Committee members introduce themselves. |
031 |
Chair P. Smith |
Opens an informational meeting on the Climate Outlook for 2005. |
2005 CLIMATE OUTLOOK – INFORMATIONAL MEETING |
||
033 |
George Taylor |
State Climatologist. Submits and presents a PowerPoint presentation on the Current Water Conditions and Future Water Supply Prospects in Oregon (EXHIBIT A). |
050 |
Taylor |
Discusses the chart (EXHIBIT A, Page 5). |
080 |
Taylor |
Expands on the map (EXHIBIT A, Page 7). |
106 |
Taylor |
Explains the chart on the normal and observed monthly precipitation in 2004-2005 (EXHIBIT A, Page 9). |
157 |
Taylor |
Explains the chart (EXHIBIT A, page 18). |
197 |
Taylor |
Talks about the U.S. Seasonal Drought Outlook map (EXHIBIT A, Page 23). |
214 |
Taylor |
Explains the Spring and Summer Streamflow Forecasts (EXHIBIT A, Page 25). |
233 |
Rep. Boquist |
Asks if 1966-1967 was the driest water year in Oregon history. |
235 |
Taylor |
Answers that it was 1976 to 1977. |
236 |
Chair P. Smith |
Comments on the need to see what the weather will do in order to see how the drought will affect Oregon. |
241 |
Taylor |
Responds by saying that the good news is that conditions are better than they were two months ago, while the bad news is that there are still drought conditions in parts of the state. |
263 |
Rep. Roblan |
Asks if there are any ocean climate conditions that will affect weather. |
267 |
Taylor |
Answers that there have not been. Talks about El Nino. |
290 |
Tim Keith |
Assistant State Forester, Oregon Department of Forestry (ODF). Introduces Bill Lafferty. |
297 |
Bill Lafferty |
Fire Program Director, ODF. Presents a PowerPoint presentation on the Fire Season Severity Update (EXHIBIT B). |
364 |
Lafferty |
Talks about the list of factors that contribute to a dry fire season (EXHIBIT B, Page 4). |
387 |
Keith |
Discusses the wildfire severity plan components for 2005 (EXHIBIT B, Page 5). |
TAPE 44, A |
||
010 |
Keith |
Continues to talk about the severity plan components for 2005 (EXHIBIT B, Page 5). |
030 |
Keith |
Comments on severity suppression resources (EXHIBIT B, Page 5). |
079 |
Keith |
Talks about the severity funding that has been granted in the past by the legislature. |
093 |
Rep. Boquist |
Asks about the drop capacity of a P-3 Orion. |
097 |
Keith |
Responds that it is a little less than three thousand gallons. |
100 |
Rep. Boquist |
Inquires how he knows the department can get a contract for 20 air tankers later in the season. |
103 |
Lafferty |
Answers by clarifying where the numbers are from. Discusses the reality of the situation. |
113 |
Keith |
Gives names of the aircraft that are being considered. |
114 |
Rep. Boquist |
Asks about the availability of Blackhawk helicopters. |
120 |
Keith |
States that there should be three available for fire fighting. |
125 |
Rep. Boquist |
Asks if they would address the fire problems in the Northwest area of the state. |
133 |
Lafferty |
Answers that the winter precipitation in northwest Oregon was low. Talks about the history of fire prevention in that area of the state, and details the weather conditions that need to be watched for. |
149 |
Rep. Boquist |
Asks about the northeast area of the state. |
156 |
Keith |
Discusses the areas of northeast Oregon that are a concern. |
161 |
Rep. Boquist |
Asks about where the air tankers would be located. |
177 |
Lafferty |
Talks about how the department uses air tankers. Talks about the national forest services air tankers. Gives information on where the bases are. |
190 |
Rep. Roblan |
Inquires if ODF was able to get fire insurance. |
192 |
Keith |
Responds that the department was able to get the fire insurance. |
201 |
Jim Johnson |
Department of Agriculture (ODA). Submits and presents prepared testimony regarding the climate outlook (EXHIBIT C). Submits informational material on the Oregon Water Resources Department (OWRD) (EXHIBIT D). Submits informational material regarding Emergency Disaster Designations and Declaration Process (EXHIBIT E). |
279 |
Johnson |
Talks about the U.S. Department of Agriculture (USDA) Natural Disaster Declarations. |
305 |
Johnson |
Discusses about the current drought conditions around the state. Comments on the recent precipitation and how it has been helpful. |
351 |
Johnson |
Gives information regarding federal drought declarations. |
396 |
Chair P. Smith |
Asks how citizens and policymakers can find out about the drought situation. |
399 |
Johnson |
Refers to the web pages listed (EXHIBIT C, Page 2). |
423 |
Rep. Roblan |
Asks if the current conditions are expected to be ideal for growing fire hazardous material and then drying it out thus creating hazardous conditions. |
434 |
Johnson |
Responds that this can be an issue. |
440 |
Rep. Sumner |
Asks if Mr. Johnson sees any water shortages in municipal water supplies. |
441 |
Johnson |
Refers to Kyle Gorman. |
TAPE 43, B |
||
008 |
Kyle Gorman |
Region Manager for South Central Region, OWRD. Answers that most of the municipalities will have enough water for this year. |
018 |
Chair P. Smith |
Closes the informational meeting on the 2005 Climate Outlook and opens a public hearing on HB 2729. |
HB 2729 – PUBLIC HEARING |
||
020 |
Patrick Brennan |
Committee Administrator. Summarizes the bill. |
030 |
Rep. Burley |
House District 54. Explains HB 2729 and testifies in support of the bill. States that HB 2729 does not result in additional public land ownership or public debt. |
097 |
John Shelk |
Ochoco Lumber Company. Testifies in support of HB 2729 and discusses why it is important. |
195 |
Shelk |
Talks about what HB 2729 will do. |
203 |
Tom Tuchmann |
U.S. Forest Capital. Submits and presents written testimony in support of HB 2729 (EXHIBIT F). Testifies in support of HB 2729. Discusses the current trend for large tracts of land to be sold off and the consequences that this can have. |
271 |
Tuchmann |
Talks about what HB 2729 would do. |
316 |
Tuchmann |
Talks about the benefits of HB 2729. |
374 |
Rep. Roblan |
Gives an example of how community forest authorites would work. Asks if there is there a necessity for the owners to harvest the land after the bonds are paid off. |
386 |
Tuchmann |
Responds that it would be up to the board to make such a decision. Discusses how the board would operate. Gives an example of a transaction in Washington state. Discusses the letters of corporation for the boards. |
407 |
Rep. Roblan |
Asks if the letters of corporation would be decided on by each specific board. |
409 |
Tuchmann |
Concurs. |
412 |
Rep. Roblan |
Inquires if the property can be sold in small parcels after the debt has been paid. |
TAPE 44, B |
||
006 |
Tuchmann |
Responds that a community forest authority is a private entity so it could sell it, and discusses the purpose of HB 2729. |
021 |
Rep. Roblan |
Asks if the board is there for the management of the land. |
026 |
Tuchmann |
Answers that the Forest Authority Board is not a land management body. |
033 |
Shelk |
Comments that there is a community board that is put together by the issuing authority that is a balanced group of people, with community members. |
050 |
Rep. Sumner |
Inquires if Oregonians would be able to use forest authority lands for recreational purposes. |
060 |
Tuchmann |
Responds that there will be no legislative mandate that will keep the lands open to recreation, though recreational access will most likely be a top priority. |
073 |
Rep. Burley |
Gives and example of a hypothetical situation with the Bull Springs Tree Farm. |
090 |
Rep. Sumner |
Asks if there is a difference between this plan and a special service district. |
095 |
Rep. Burley |
Answers that he is not familiar with special service districts. Gives information from what he knows of a special service district. |
099 |
Rep. Boquist |
Inquires if they will pay property taxes. |
102 |
Rep. Burley |
Responds that they will pay the applicable taxes. |
122 |
Rep. Boquist |
Inquires what the economic intent is behind HB 2729. Asks if it works and if an example can be given. |
140 |
Rep. Burley |
States that his concern is that they will eventually lose the plots of industrial land. Gives examples of lands that have been bought. |
162 |
Shelk |
Comments that the bill would help retain land for timber, and that this is a land use issue. |
203 |
Mike Hayward |
Wallowa County Commissioner. Testifies in support of HB 2729. Submits prepared testimony in support of HB 2729 (EXHIBIT G). |
221 |
Rep. Boquist |
Asks if they have had any examples of where this has worked. |
227 |
Hayward |
Responds that he does not know any examples, but he is aware of what is happening on the Boise Cascade lands. |
249 |
David Morman |
Oregon Department of Forestry (ODF). Testifies in support of HB 2729. Submits prepared testimony in support of HB 2729 (EXHIBIT H). |
280 |
Myles Conway |
Schwabe Willamson and Wyatt. Asks if there is condemnation authority attached to the board. |
288 |
Rep. Burley |
Comments that he understands that to be true. |
290 |
Conway |
Inquires how the public gets the interest and input into the long term management of the land. |
301 |
Rep. Burley |
Responds by discussing who would be represented on the board. |
310 |
Conway |
Asks if there are public meetings or public notice. Comments on the importance of getting good representation on the board. |
313 |
Rep. Burley |
States that he does not know the answer. |
317 |
Conway |
Expresses the concerns with the board. Gives an example of the Bull Springs lot. Asks how an area would be valued. |
344 |
Chair P. Smith |
Responds that a willing seller and willing buyer would determine the price. |
346 |
Rep. Burley |
Adds it is the same due diligence process that all others go through. |
350 |
Conway |
Asks if the entity would have the ability to sell land. |
359 |
Rep. Burley |
Answers that by the bill it is not precluded but the articles of confederation it could limit or prohibit those types of transactions. |
361 |
Conway |
States that the articles of confederation would be an important document. |
373 |
Kelly Smith |
Resident, Bend. Testifies in support of HB 2729. |
TAPE 45, A |
||
024 |
Mark Rubbert |
Landowner. Expresses his concerns with HB 2729. Talks about the benefits of HB 2729. Gives ideas to the committee for changes. |
067 |
Chair P. Smith |
Closes the public hearing on HB 2729 and opens a work session on HB 2729. |
HB 2729 – WORK SESSION |
||
069 |
Rep. Boquist |
MOTION: Moves HB 2729 to the floor with a DO PASS recommendation and BE REFERRED to the Committee on Revenue by prior reference. |
074 |
Rep. Hass |
Expresses gratitude for bringing the bill forward and comments that he was on the committee that considered similar legislation last session. |
081 |
Rep. Beyer |
Mentions that she has a few questions regarding this bill, but she is willing to send it to the Revenue Committee. |
084 |
Rep. Boquist |
States that he is happy to work out the details with Rep. Burley before HB 2729 is heard in Revenue. |
103 |
Rep. Roblan |
Comments on the mill that is set to open in Coos County, and the issues that the facility has had to overcome. |
113 |
Chair P. Smith |
Recognizes that they have heard good testimony, and comments on the legislative process. |
117 |
|
VOTE: 7-0-0 AYE: In a roll call vote, all members present vote Aye. |
|
Chair P. Smith |
The motion CARRIES. |
124 |
Chair P. Smith |
Closes the work session on HB 2729 and opens a public hearing on HB 2929. |
HB 2929 – PUBLIC HEARING |
||
135 |
Patrick Brennan |
Committee Administrator. Summarizes HB 2929. |
142 |
Paul Rainey |
Oregon Guides and Packers Association. Submits and reads prepared testimony in support of HB 2929 (EXHIBIT I). |
241 |
Steve Mathers |
President, Oregon Guides and Packers Association. Testifies in support of HB 2929. Discusses the benefits of HB 2929. |
288 |
Mike Crawford |
Battle Creek Outfitters. Testifies in support of HB 2929. Comments on the current ranching system in Oregon. Talks about the concerns that Oregon Department of Fish and Wildlife (ODFW) has with the bill and offers explanation. |
353 |
Rep. Burley |
States that the landowner preference tag statutes sunset in 2010. Requests information on how HB 2929 affects the antler verses the anterless hunts. |
364 |
Mathers |
Responds that it would make it so it can be antler or antlerless hunts. |
379 |
Crawford |
Comments on how many tags are given per acre. |
401 |
Mathers |
Gives information on who they have talked with about the bill. |
410 |
Rep. Burley |
Asks how HB 2929 would affect the general hunting population’s access to hunting lands |
TAPE 46, A |
||
011 |
Mathers |
Answers that most private lands are closed to the general public, so this would allow the opportunity for a hunter to create a relationship with a landowner and gain access to land for hunting. |
016 |
Rainey |
States that one of the goals of HB 2929 is to open access to tags and places to hunt. |
024 |
Rep. Roblan |
Comments that Oregon has taken the liability away from hunters and put it on the landowners. Asks if that changes when the landowner leases their land. |
027 |
Mathers |
Answers that it does. |
029 |
Rep. Roblan |
Inquires if the liability is determined on a per issue basis. |
030 |
Rainey |
Responds by using his insurance as an example. |
050 |
Bill McCormack |
Resident, Prineville. Testifies in support of HB 2929. Submits written testimony in support of HB 2929 (EXHIBIT K). |
088 |
Bryce Logan |
Landowner, Wheeler County. Testifies in support of HB 2929. Comments that the biggest hindrance to running his operation is the access to tags. |
150 |
Rep. Beyer |
Asks if Mr. Logan is a guide. |
152 |
Logan |
Concurs. |
153 |
Rep. Beyer |
Inquires how many more people would become guides and packers as a result of HB 2929. |
157 |
Logan |
Responds that he does not think it will change. Says that people who want to operate a hunting business are already doing so. |
166 |
Al Elkins |
Oregon Hunters Association. Submits copies of prepared testimony (EXHIBIT M) and testifies in opposition to HB 2929. |
260 |
Kelly Smith |
Oregon Hunters Association. Testifies in opposition to HB 2929. Comments on the intent of the landowner preference (LOP) program. States that the bill is not the right way of dealing with the problem and will create more work. |
357 |
Ron Anglin |
Wildlife Division Administrator, ODFW. Submits prepared testimony regarding HB 2929 (EXHIBIT N). Expresses the concerns that the department has with HB 2929. Discusses how the tags are issued. |
420 |
Rep. Roblan |
Presumes that the department figures out how many animals can be harvested in the year, then calculates a percentage of animals expected to be harvested, helping them to consider how many of the tags can be sold. Requests confirmation that LOP tags entail a higher success rate, thus making it so that fewer tags will be sold. |
435 |
Anglin |
Responds by giving information on how the tags are issued. |
TAPE 45, B |
||
020 |
Rep. Roblan |
Comments that the 28 percent success rate is based on the current system. Asks what the percentage is of the LOP tags that are given away. |
030 |
Anglin |
Responds that the department does not have that information. |
036 |
Rep. Burley |
Asks if it is correct that there would only be an increase of LOP activity if more people signed up their land for the tags. |
040 |
Anglin |
Lists ways that there would be an increase of tags. |
045 |
Rep. Burley |
Asks if granting landowners the ability to transfer their tags would lead to the rate of harvest going up, which in turn would have an affect on the availability of public tags. |
050 |
Anglin |
Answers that the success rate would not necessarily go up. |
057 |
Rep. Burley |
States that if a person is entitled to ten tags, then ODFW is saying that is an acceptable level of harvest. Asks if it matters who shoots the animal and how that has an effect on the tags available for the public. |
063 |
Anglin |
Responds that it does not matter to the department who shoots the animal. |
080 |
Chair P. Smith |
Inquires if the number of tags allowed on the controlled hunts are based on who is signed up or who is eligible. |
088 |
Anglin |
Answers that landowners qualify for the number of tags based upon the amount of land. Explains how that affects tags. |
094 |
Rep. Roblan |
Comments that a landowner may currently qualify for six tags but only ask for two. Inquires if the bill would result in the potential on those currently registered can grow. |
101 |
Anglin |
Responds affirmatively. Gives an example from the white deer hunt in southern Oregon. |
110 |
Rep. Burley |
Asks about the limit on LOP tags that the department has, and how that has been received by the landowners in the areas with the limits. |
119 |
Anglin |
States that those who have participated in the draw and gotten their tags have been happy, but those who have not gotten their tags have not been happy. Comments that in most years a majority of the people who apply have gotten their tags. |
129 |
Rep. Burley |
Inquires if there is a draw for the tags. |
132 |
Anglin |
Answers that in the areas of Northeast Oregon where there is a limit on tags, there is a draw. |
145 |
Rep. Roblan |
Asks if there were not a cap in the LOP tags, there would not be any regular hunting tags. |
147 |
Anglin |
Comments that there would still be public hunting opportunities, but not necessarily commensurate to the current opportunities. |
156 |
Mark Rubbert |
Management Objective Committee. Notes that animals are on private grounds and gives reasons why the animals are there. Discusses the changes to HB 2929 he wants the committee to consider. |
219 |
Chair P. Smith |
Closes the public hearing on HB 2929 and adjourns the meeting at 4:08 p.m. |
EXHIBIT SUMMARY