ORS 498.500: Mitigation of adverse effects on core area habitat; policy.

(1) To assist persons with meeting the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse, the State Department of Fish and Wildlife, after consultation with interested local and tribal governments, state and federal agencies and private organizations, may develop and administer a uniform policy for mitigating the adverse effects that the proposed actions may have on core area habitat of sage grouse. (2) If the department develops a mitigation policy under this section, the policy may include: (a) Provisions for the recognition or establishment of mitigation banks; and (b) Any other framework, criteria or goals developed to facilitate the mitigation of the adverse effects that a proposed action may have on core area habitat of sage grouse in a manner that ensures a landscape approach to the conservation of sage grouse. (3) If the department develops a mitigation policy under this section, the policy must: (a) Provide that the department review, at least once every five years, the mapping by the department of core area habitat of sage grouse and revise the mapping, if necessary, to account for any new and substantial biological information; and (b) Ensure that any use of a mitigation bank or other mitigation framework provided for under the policy does not result in a net loss of either the quality or quantity of sage grouse habitat and provides a net benefit to the quality or quantity of sage grouse habitat. (4) If the department develops a mitigation policy under this section for the purpose of benefiting sage grouse as a result of a listing as a sensitive, threatened or endangered species under ORS 496.171 to 496.182, or a listing as a candidate, threatened or endangered species pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.), the policy shall ensure, to the greatest extent practicable, that any use of land, water or other natural resources occurring in a habitat identified as part of a mitigation bank or other mitigation framework developed under the policy may continue after the department identifies the habitat as part of a mitigation bank or other mitigation framework. (5)(a) Subsections (1) to (4) of this section do not affect the ability of a person to develop a proposal under ORS 498.502 for off-site mitigation or a mitigation bank in order to meet the requirements of this state and local and federal governments concerning the mitigation of the adverse effects that a proposed action by the person may have on core area habitat of sage grouse. (b) Any proposal for off-site mitigation or a mitigation bank developed under this section and ORS 498.502 must not result in a net loss of either the quality or quantity of sage grouse habitat and must provide a net benefit to the quality or quantity of sage grouse habitat. [2013 c.710 §1]