USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 526 Forestry Administration
As used in this chapter, unless the context
otherwise requires:
(1) “Board” means the State Board of Forestry.
(2) “Certified Burn Manager” means an individual, other than the
forester, who is currently certified under a program established pursuant
to ORS 526.360 (3).
(3) “Department” means the State Forestry Department.
(4) “Forester” means the State Forester or the authorized
representative of the forester.
(5) “Forestland” means any woodland, brushland, timberland, grazing
land or clearing, which, during any time of the year, contains enough
forest growth, slashing or vegetation to constitute, in the opinion of
the forester, a fire hazard, regardless of how the land is zoned or taxed.
(6) “Forestry carbon offset” means a transferable unit based on a
measured amount of carbon storage expressed as a carbon dioxide emission
equivalent, or other equivalent standard, and accruing on forestland as
live or dead matter in trees, shrubs, forest litter and soil.
(7) “Nonindustrial private forest landowner” means any forest
landowner who does not own a forest products manufacturing facility that
employs more than six people.
(8) “Nonindustrial private forestland” means any forestland owned
by a nonindustrial private forest landowner. [Amended by 1961 c.123 §3;
1965 c.253 §1; 1977 c.893 §14; 1997 c.274 §41; 1999 c.101 §1; 2001 c.752
§6]STATE BOARD OF FORESTRY; STATE FORESTER; STATE FORESTRY DEPARTMENT The State Forestry Department
consists of the State Forester and the deputy, assistants and employees
of the forester, acting under direction of the State Board of Forestry.
[1961 c.123 §1; 1965 c.253 §2](1) There is created a State Board
of Forestry consisting of seven members appointed by the Governor. The
members appointed to the board shall be subject to confirmation by the
Senate as provided in ORS 171.562 and 171.565. The Governor shall
designate one member of the board as chairperson to hold that position
until that member’s term expires or until relieved by the Governor as
provided in subsection (6) of this section. The chairperson shall have
such powers and duties as are provided by the rules of the board.
(2) The term of office of a member of the board is four years. A
member shall be eligible for reappointment, but no member shall serve
more than two consecutive full terms. In case of a vacancy for any cause,
the Governor shall make an appointment as provided in subsection (1) of
this section.
(3) Appointments made by the Governor under subsection (1) of this
section shall include appointment of at least one member from each of the
forest regions established under ORS 527.640 and the rules adopted
thereunder by January 1, 1987.
(4) No more than three members of the board may derive any
significant portion of their income directly from persons or
organizations that are subject to regulation under ORS 527.610 to
527.770, 527.990 (1) and 527.992.
(5) Except as provided in subsection (4) of this section, no member
of the board shall have any relationship or pecuniary interest that would
interfere with the member representing the public interest.
(6) The Governor may at any time remove any member of the board for
inefficiency, incompetence, neglect of duty, malfeasance in office,
unfitness to render effective service or failure to continue to meet the
criteria of appointment pursuant to this section. [1965 c.253 §4; 1973
c.230 §1; 1979 c.394 §1; 1983 c.759 §5; 1987 c.919 §6](1) The State Board of Forestry shall supervise all
matters of forest policy and management under the jurisdiction of this
state and approve claims for expenses incurred under the statutes
administered by the board except as otherwise provided by law. Advisory
committees may be appointed by the board to make recommendations
concerning any function vested by law in the board. Notwithstanding any
other provisions of law, the board shall not supervise or direct the
State Forester in matters relating to the geographic scheduling, annual
volume and species allocation, appraisals and competitive timber sale
techniques used in the sale of forest products from lands managed under
the provisions of ORS chapter 530.
(2) The members of the board are entitled to compensation and
expenses as provided in ORS 292.495.
(3) The board shall meet on the first Wednesday after the first
Monday in January, March, June and September, at places designated by the
chairperson of the board or the State Forester. The board may meet at
other times and places in this state on the call of the chairperson or
the State Forester. A majority of the voting members of the board
constitutes a quorum to do business.
(4) In accordance with the applicable provisions of ORS chapter
183, the board shall adopt rules to perform the functions defined by
statute. [1965 c.253 §6; 1969 c.314 §62; 1973 c.230 §3; 1983 c.759 §8;
1987 c.919 §8] (1)
The State Board of Forestry shall appoint a State Forester, who must be a
practical forester familiar with western conditions and experienced in
organization for the prevention of forest fires. The forester shall be
the chief executive officer of the State Forestry Department. The
forester shall hold office at the pleasure of the board, and shall act as
its secretary.
(2) With the approval of the board and subject to applicable
provisions of the State Personnel Relations Law, the State Forester may
appoint a Deputy State Forester, assistant state foresters and other
employees of the department. During the State Forester’s absence or
disability, all authority shall be exercised by the Deputy State Forester
or by the assistant whom the State Forester or the board, by written
order filed with the Secretary of State, has designated as Acting State
Forester.
(3) The board shall fix the compensation of the State Forester. In
addition to their salaries, the forester, the deputy and assistants shall
be reimbursed, subject to the limitations otherwise provided by law, for
their actual and necessary travel and other expenses incurred in the
performance of their duties. [1965 c.253 §7; 1983 c.759 §13] (1) Before entering upon the duties of
office, the forester shall furnish a fidelity bond in favor of the State
of Oregon in the penal sum of $100,000 issued by one or more corporate
sureties authorized to do business in the State of Oregon, conditioned
upon the faithful and honest handling and disposition of the moneys in
the State Forestry Department Account and any other moneys in the hands
of the forester. The bond and sureties are subject to approval by the
Director of the Oregon Department of Administrative Services as provided
in ORS 291.011.
(2) The premium for the bond shall be paid from the appropriation
of the State Board of Forestry.
(3) Except as provided in subsection (1) of this section, the board
may require a fidelity bond, with one or more corporate sureties
authorized to do business in this state, of any officer or employee of
the State Forestry Department. The board shall fix the amount of the
bond, which otherwise is subject to subsections (1) and (2) of this
section. [Formerly 526.070; 1967 c.419 §16] The forester,
under the general supervision of the State Board of Forestry, shall:
(1) In compliance with ORS chapter 183, promulgate rules consistent
with law for the enforcement of the state forest laws relating directly
to the protection of forestland and the conservation of forest resources.
(2) Appoint and instruct fire wardens as provided in ORS chapter
477.
(3) Direct the improvement and protection of forestland owned by
the State of Oregon.
(4) Collect data relative to forest conditions.
(5) Take action authorized by law to prevent and extinguish forest,
brush and grass fires.
(6) Enforce all laws pertaining to forestland and prosecute
violations of such laws.
(7) Cooperate with landowners, political subdivisions, private
associations and agencies and others in forest protection.
(8) Advise and encourage reforestation.
(9) Publish such information on forestry as the forester determines
to be in the public interest.
(10) Enter into contracts and cooperative agreements pertaining to
experiments and research in forestry.
(11) Sell, exchange or otherwise dispose of any real property
heretofore or hereafter acquired by the board for administrative purposes
and no longer needed.
(12) Coordinate any activities of the State Forestry Department
related to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of other
cooperating state and federal agencies participating in the project.
(13) Prescribe uniform state standards for certification of
wildland fire training courses and educational programs. [1965 c.253 §10
(enacted in lieu of 526.020); 1969 c.249 §2; 1975 c.605 §27; 1987 c.734
§13; 1993 c.415 §5; 1997 c.413 §5; 2003 c.539 §38](1) Under the direction of the
State Board of Forestry, the forester:
(a) Shall, upon request, and whenever the forester deems that it is
in the public interest, assist and cooperate with any federal or state
department or any institution, political subdivision or person owning or
controlling forestland within this state, in the preparation of plans for
their protection, management, replacement or extension. Unless otherwise
provided by law, the parties obtaining such assistance shall pay the
necessary costs of travel, subsistence and other field expenses incurred
by the forester or the assistants of the forester in the preparation and
execution of these plans.
(b) May enter into contracts with the applicants under which the
forester will supervise the execution of the plans. However, the costs of
carrying out the plans shall be paid by the applicants.
(2) In carrying out this section the forester may require the
applicant to deposit in one or more installments the moneys needed to
cover the cost of preparing and executing the plans. These deposits shall
be placed in the State Treasury, credited to the State Forestry
Department Account and used exclusively for the purposes of this section.
[Formerly 526.030]
(1) For purposes of this section, “forest protective association” or
“association” has the meaning for that term provided in ORS 477.001.
(2) Subject to subsection (3) of this section, a person employed by
a forest protective association at a time when the association was under
contract or cooperative agreement with the forester or State Board of
Forestry by authority of ORS chapter 477 and this chapter, with specific
reference to ORS 477.406 to 477.412, or predecessor statutes, shall
receive the following credits when transferring directly from association
employment to employment by the State Forestry Department:
(a) Sick leave accrual earned during employment as an association
employee.
(b) Rate of accumulating annual leave based on years of service as
an association employee.
(c) Credit for current service under the Public Employees
Retirement System equal to periods of service as an association employee
as determined by the Public Employees Retirement Board, if the person,
before the effective date of retirement of the person as a member of the
system, applies in writing to the retirement board for that credit or any
part thereof and pays to the retirement board in a lump sum for credit to
the member account of the member an amount determined by the retirement
board to be equal to the total amount of employee and employer
contributions with interest that would have accumulated had the person
been a member of the system as an employee of the State Forestry
Department in a position equivalent to that held by the person for the
periods of service or part thereof as an association employee.
(3) The credits granted by subsection (2) of this section shall be
granted if the employee makes an immediate transfer from association
employment to state employment, and if the person earned employment
credits as an association employee under standards comparable to laws and
rules of the State of Oregon governing similar credits in state
employment.
(4) Unless the employee transferring to employment with the State
Forestry Department first becomes a member of the Public Employees
Retirement System before January 1, 2000, as described in subsection (6)
of this section:
(a) The employee may acquire credit under subsection (2)(c) of this
section only after the employee has been a member of the Public Employees
Retirement System for at least 60 calendar months; and
(b) The maximum number of years of retirement credit that a person
may acquire under subsection (2)(c) of this section is five years.
(5) If a person subject to the limitation imposed by subsection
(4)(b) of this section is also eligible for credit under ORS 238.145, and
the person is subject to the limitation imposed by ORS 238.145 (4), the
total years of credit that the person may acquire under this section and
under the provisions of ORS 238.145 may not exceed five years.
(6) A person becomes a member of the Public Employees Retirement
System before January 1, 2000, for the purposes of this section if:
(a) The person is a member of the system on January 1, 2000; or
(b) The person was a member of the system before January 1, 2000,
ceased to be a member of the system under the provisions of ORS 238.095,
238.265 or 238.545 before January 1, 2000, but restores part or all of
the forfeited creditable service from before January 1, 2000, under the
provisions of ORS 238.105 or 238.115 after January 1, 2000. [1969 c.249
§5; 1973 c.46 §6; 1987 c.617 §14; 1999 c.317 §13; 2001 c.945 §67] For the
purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the State Forestry Department may require the fingerprints
of a person who:
(1)(a) Is employed or is applying for employment by the department;
or
(b) Provides services or seeks to provide services to the
department as a contractor or volunteer; and
(2) Is, or will be, working or providing services in a position:
(a) That provides forest education or recreation programs for
persons under 18 years of age; or
(b) In which the person investigates or fights wildland fires and
the criminal records check is requested to search for crimes associated
with arson. [2005 c.730 §75]Note: 526.054 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 526 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.FUNDS AND FINANCES (1)
Excepting the sinking fund moneys designated in ORS 530.280 and
reimbursements for the revolving account under ORS 526.121, all
assessments, federal apportionments or contributions, and other moneys
received by the forester or State Board of Forestry, shall be paid into
the State Treasury and credited to the State Forestry Department Account,
which is established separate and distinct from the General Fund. All
moneys in the State Forestry Department Account are appropriated
continuously, and shall be used by the forester, under the supervision
and direction of the board, for the purposes authorized by law.
(2) The forester shall keep a record of all moneys deposited in the
State Forestry Department Account. The record shall indicate by separate
cumulative accounts the source from which the moneys are derived and the
individual activity or program against which each withdrawal is charged.
All moneys in the account received pursuant to ORS 527.610 to 527.770 and
527.992 shall be used only for carrying out the duties, functions and
powers of the State Forestry Department in administering ORS 527.610 to
527.770 and 527.992.
(3) The Urban and Community Forestry Subaccount is established as a
subaccount of the State Forestry Department Account. Moneys in the Urban
and Community Forestry Subaccount are appropriated continuously to the
State Forestry Department to be used for urban and community forestry
activities described in ORS 469.634 and 469.652.
(4) The State Forest Enhancement Donation Subaccount is established
as a subaccount to the State Forestry Department Account. Moneys in the
State Forest Enhancement Donation Subaccount are continuously
appropriated to the State Forestry Department to be used for the purposes
described in ORS 526.065. [1957 c.83 §1; 1965 c.253 §12; 1975 c.224 §7;
1989 c.966 §58; 1993 c.388 §5; 2001 c.159 §1](1) The State Forestry Department may receive gifts, grants,
bequests, endowments and donations of moneys, labor or materials from
public and private sources for the purpose of contributing to the
management and enhancement of state forests, including but not limited to
activities such as recreation, education, interpretation, research and
monitoring, cultural resources management and habitat improvement.
(2) The department may apply for, accept and utilize grants from
the federal government to accomplish the goals of a federal forest legacy
program, if:
(a) The proposed forest legacy land area is wholly within an urban
growth boundary contained in an acknowledged local comprehensive plan at
the time of application for the grant or will be wholly within the
boundary by the time the grant is awarded;
(b) The use to which the land area will be put is an allowable use
under the local comprehensive plan; and
(c) The use complies with all other land use laws and regulations.
(3) On or before January 15 of each odd-numbered year, the State
Forester shall report to the committee created by ORS 171.555 and to any
legislative committee with responsibility for forestry issues regarding:
(a) The number and monetary amounts of grants applied for under the
federal forest legacy program;
(b) The number and monetary amounts of grants awarded under the
federal forest legacy program; and
(c) The location and disposition of areas affected by the federal
forest legacy program.
(4) The department shall deposit moneys received under this section
into the State Forest Enhancement Donation Subaccount created under ORS
526.060. The department may expend moneys, materials or labor received
under this section only for the purposes specified in the gift, grant,
bequest, endowment or donation. If no purpose is specified, the
department may use the moneys, materials or labor for the management and
enhancement of state forests. [2001 c.159 §3; 2005 c.745 §1]The forester, under the
supervision and direction of the State Board of Forestry, may receive
moneys from the federal government in connection with cooperative work
and programs set out in the Agricultural Act of 1956, as amended (Public
Law 84-540, 70 Stat. 188), particularly the provisions of Title I (7
U.S.C. 1801 to 1837) and Title IV (16 U.S.C. 568e to 568g), and Acts
amendatory thereof and supplemental or complementary thereto. [1957 c.83
§4; 1965 c.253 §14]The State of Oregon has accepted the provisions of the
Clarke-McNary Act (43 Stat. 653), as amended, and will observe and comply
with the requirements of that Act. The forester, under the supervision
and direction of the State Board of Forestry, is the agent of the State
of Oregon for the purposes of that Act, and may cooperate with the
authorities of the United States having powers and duties under that Act
to do all things necessary to secure to the State of Oregon the benefits
of that Act or Acts amendatory thereof and supplemental or complementary
thereto. [1957 c.83 §2; 1965 c.253 §15] All
moneys received pursuant to the Acts of Congress mentioned in ORS 526.090
and 526.095 shall be paid into the State Treasury, credited to the State
Forestry Department Account, and used exclusively for the purposes of the
respective Acts. [1965 c.253 §17] (1)
Notwithstanding ORS 291.238 or any other law, a revolving account in the
sum of $750,000 deposited with the State Treasurer shall be at the
disposal of the forester for the payment of:
(a) Lawful expenses incurred under the direction of the forester
and the State Board of Forestry in the prevention or suppression of fire
and the protection of forestlands; and
(b) Miscellaneous bills and extraordinary items which are payable
in cash immediately upon presentation.
(2) The forester may draw checks upon the State Treasurer in making
disbursements from the revolving account for the purposes stated in this
section. Reimbursement of such disbursements shall be made from funds and
accounts budgeted and allotted for expenses of the State Forestry
Department. The revolving account is not subject to allotment or
allocation of moneys pursuant to ORS 291.234 to 291.260. [1953 c.327 §1;
1965 c.253 §18; 1969 c.249 §1; 1987 c.155 §1; 1997 c.467 §1] (1)
Reimbursement vouchers for claims paid from the revolving account created
by ORS 526.111 shall be approved by the forester. Warrants in payment of
the vouchers shall be drawn in favor of the forester and deposited with
the State Treasurer to reimburse the revolving account.
(2) The forester shall maintain such records as readily disclose
the true status of vouchers payable from, and checks outstanding against,
the revolving account and the balance to the credit thereof. [1953 c.327
§2; 1957 c.83 §23; 1965 c.253 §19; 1983 c.740 §207](1) The State Forestry Department may receive and
disburse gifts, grants, bequests, endowments and donations of labor and
material from public and private sources for the purpose of developing
and operating a forest interpretation and education center in the
Tillamook State Forest.
(2) The Tillamook Forest Interpretive Center Fund is created in the
State Treasury, separate and distinct from the General Fund. All moneys
received by the State Forestry Department under subsection (1) of this
section shall be paid into the State Treasury and credited to the
Tillamook Forest Interpretive Center Fund. All interest earned by the
fund shall be credited to the fund.
(3) All moneys in the Tillamook Forest Interpretive Center Fund are
continuously appropriated to the State Forestry Department and may be
expended only for the purposes specified in the gift or donation, or, if
no purpose is specified, only for the purpose of forest interpretation
and education. [1999 c.928 §1]Note: 526.125 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 526 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.MANAGEMENT OF EQUIPMENT AND PROPERTY Subject
to the allotment provisions of ORS 291.238, the State Forester and State
Board of Forestry hereby are authorized to purchase or accept excess and
surplus property from the United States. [Formerly 526.080] The
forester, with the approval of the State Board of Forestry, may lease
equipment that is under the jurisdiction and control of the forester and
board to any agency of the United States. However:
(1) The lease must include a reasonable rental fee and require the
lessee to maintain the equipment during the lease period; and
(2) The federal agency must be a cooperator with the forester and
board in common activities and programs for which the equipment is
leased. [1965 c.87 §2] As used in ORS
526.142 to 526.152, “equipment” includes the necessary materials and
supplies for the operation of equipment in the equipment pool authorized
by ORS 526.144. [1965 c.253 §21] (1) The equipment pool
operated by the forester and the State Board of Forestry, which furnishes
transportation and equipment for the various activities and programs of
the board, is for the acquisition, operation, storage, maintenance and
replacement of equipment. Notwithstanding any other law, the forester,
under the direction of the board, may:
(a) Determine each activity or program of the board that shall
participate in the equipment pool, and in so doing, cause the transfer of
moneys from the account representing such activity or program in an
amount determined advisable for equipment pool purposes. However, in each
instance the transfer of moneys must be based on the proportionate use of
the equipment pool, or the proposed use thereof, by the activity or
program.
(b) Transfer equipment to the equipment pool, which items of
transfer are owned by the State of Oregon and under the jurisdiction of
the board or forester. In such event the records shall reveal the cash
value of the transferred items as of the date of the transfer.
(2) Forest protective associations or agencies under contract or
cooperative agreement with the board pursuant to ORS 477.406 may, with
the approval of the board, participate in the equipment pool for the
purposes of the contract or agreement. Participation by such an
association or agency shall be on the same basis as an activity or
program of the board that participates in the equipment pool. [1965 c.253
§22](1) All items transferred under ORS 526.144,
together with any equipment purchased from moneys transferred to the
equipment pool, are available for all activities or programs
participating in the equipment pool. However, upon use of such equipment
for any activity or program, a reasonable use charge shall be made
against such activity or program. The charge shall be based upon the
maintenance and replacement costs for the equipment used, including
operational expenses.
(2) At the end of each month the forester, under the supervision
and direction of the State Board of Forestry, shall render a statement on
a basis of mileage or rental against each activity or program for
transportation or equipment used or furnished for such activity or
program. Administrative costs in connection with the operation of the
equipment pool shall be included in the computation of the mileage or
rental statement. The forester shall at all times keep records showing
the mileage and rental charges, and against which activity or program the
charges are a claim. The amount specified in the statement shall be a
charge against the moneys available for such activity or program. All
amounts so charged shall be credited to the State Forestry Department
Account and, notwithstanding ORS 291.238, are available and shall be used
exclusively for:
(a) The acquisition, operation, storage, maintenance, repair and
replacement of equipment by the forester;
(b) Administrative expenses of the forester and the board in
connection therewith; and
(c) The payment of insurance premiums for such equipment. [1965
c.253 §23] (1) The forester and State
Board of Forestry may lease communication equipment owned or acquired
under ORS 526.144 to any forest protective association or agency under
contract or agreement with the board for the protection of forestland
against fire. However, the communication equipment may be used only for
purposes of the forest protection system designated in ORS 477.005. Any
lease so made must provide for a rental at the current rates established
for the equipment pool. All amounts so charged shall be credited as
provided in ORS 526.146.
(2) At the option of the board, the lease agreements made under
this section may be merged under the equipment pool administration and
equities set forth in ORS 526.152. [1965 c.253 §24] (1) Any
proceeds from the sale or other disposition of equipment of the equipment
pool shall be credited to the State Forestry Department Account for
equipment pool purposes.
(2) Should the equipment pool be terminated by the State Board of
Forestry, each activity or program shall have an equity in the moneys of
the pool and in the cash value of the equipment and personalty of the
pool. The equity shall be in proportion to the amount of moneys and value
of the equipment and personalty transferred to the pool under ORS
526.144. By this subsection, each activity or program participating in
the equipment pool has a continuing and recognized interest in the total
value of the pool so long as the equipment pool exists unless otherwise
such equity is purchased. [1965 c.253 §25](1) A Forest Trust Land Advisory Committee is established to be
composed of the board of directors of the Council of Forest Trust Land
Counties.
(2) Members may receive reimbursement for actual and reasonable
traveling and other expenses necessarily incurred in performing official
duties. This reimbursement shall not be deemed lucrative.
(3) The committee shall advise the State Board of Forestry and the
State Forester on the management of lands subject to the provisions of
ORS 530.010 to 530.170 and on other matters in which counties may have a
responsibility pertaining to forestland. The board and the State Forester
shall consult with the committee with regard to such matters. [Formerly
527.735; 1997 c.120 §1]ACQUISITION AND DISPOSITION OF REAL PROPERTY In all cases where a title in
fee simple to real property is acquired by the State Board of Forestry
under ORS 526.166 or 526.168, such title shall be taken in the name of
the State of Oregon. [Formerly 526.176] The State Board of Forestry may
convey to any person all or parts of the real property described in ORS
526.166 or 526.168, in exchange for other property, real or personal,
which, in the judgment of the board, is of equal or superior value for
public use. [Formerly 526.174]In addition to any authority otherwise granted by law, the
State Board of Forestry may acquire, by purchase, agreement or donation,
real property or any interest therein, including easements and ways,
found necessary by the board for:
(1) Rights of way to lands of the state, which lands are under the
management or jurisdiction of the board or forester.
(2) Forest patrol sites, administrative sites, nursery sites,
communication sites, construction of shops, equipment sheds and office
buildings.
(3) Quarry sites, gravel pits and rights of way for pipelines,
communication lines and power lines.
(4) Any other use or purpose necessary in carrying out the powers
and duties of the board or forester. [1965 c.253 §29] In addition
to any authority otherwise granted by law, the State Board of Forestry
may acquire, by the exercise of the power of eminent domain, real
property or any interest therein, including easements and ways, found
necessary by the board for:
(1) Rights of way to lands of the state, which lands are under the
management or jurisdiction of the board or forester.
(2) Forest patrol or communication sites.
(3) Rights of way for pipelines, communication lines and power
lines. [1965 c.253 §30] The State Board of Forestry,
or any duly authorized representative of the board, may go upon private
property in the manner provided by ORS 35.220 to determine the
advisability or practicability of acquiring real property or any interest
in real property. [1959 c.287 §4; 2003 c.477 §6] After request of
the State Board of Forestry pursuant to ORS 35.235 (1), the Attorney
General shall commence and prosecute, in any court of competent
jurisdiction in the name of the State of Oregon, the necessary or
appropriate suit, action or proceeding for condemnation of the amount of
or interest in the property required for such purposes, and for the
assessment of the damages for the taking thereof. [1959 c.287 §12; 1983
c.740 §208] The State Board of
Forestry may sell, lease, exchange, permit use of or otherwise dispose of
any real property, or interest therein, acquired pursuant to ORS 526.162
to 526.194, when, in the judgment of the board, such will best serve the
interests of the state. In the case of real property, interest in or
title to the same may be conveyed by deed or other instrument executed in
the name of the state, by and through the board. All funds or moneys
derived from the sale or lease of any such property shall be paid by the
board to the State Treasurer and by the State Treasurer credited to the
funds from which moneys originally were used for the acquisition of the
property involved. [1959 c.287 §11]FOREST RESEARCH AND EXPERIMENTATIONTo aid in the economic development of the State
of Oregon, the State Board of Higher Education shall institute and carry
on research and experimentation to develop the maximum yield from the
forestlands of Oregon, to obtain the fullest utilization of the forest
resource, and to study air and water pollution as it relates to the
forest products industries. [1961 c.297 §2(1); 1967 c.377 §6](1) The State Board of Higher Education shall establish a
Forest Research Laboratory at Oregon State University and shall cooperate
with individuals, corporations, associations and public agencies wherever
and whenever advisable to further the purposes of ORS 526.215, and may
enter into any necessary agreements therefor.
(2) In order that there may be close coordination between the
research and experimentation programs and the wise management and use of
Oregon’s forests for the production of goods and services that benefit
all its citizens, the State Board of Higher Education shall appoint a
Forest Research Laboratory Advisory Committee composed of 15 members.
Nine members shall be individuals who are actively and principally
engaged in timber management on forestlands, harvesting or the processing
of forest products, one of whom shall be from a small woodland owner’s
association, three members shall be individuals who are the heads of
state and federal public forestry agencies and three members shall be
individuals from the public at large. No individual who is a public
member may have any relationship or pecuniary interest that would
interfere with that individual representing the public interest. The
advisory committee shall render practical counsel in the fields of forest
management and use and forest harvest and utilization as they relate to
the economic and social well-being of the people of Oregon. [1961 c.297
§2(2); 1965 c.253 §31; 1965 c.433 §1; 1975 c.96 §1; 1991 c.223 §1]FOREST TREE SEEDLINGS The Legislative Assembly finds and declares that:
(1) Nonindustrial private forests make a vital contribution to
Oregon by providing jobs, products, an expanded tax base and other social
and economic benefits.
(2) Providing a source of forest tree seedlings to owners of
nonindustrial private forests is essential to securing the benefits
described in subsection (1) of this section. [2005 c.541 §1]Note: 526.231, 526.233 and 526.237 were enacted into law by the
Legislative Assembly but were not added to or made a part of ORS chapter
526 or any series therein by legislative action. See Preface to Oregon
Revised Statutes for further explanation. The Legislative Assembly
intends that ORS 526.237 and the amendments to ORS 526.235 by section 4,
chapter 541, Oregon Laws 2005, authorize the displacement of competition
in the forest tree seedling industry to a limited degree. The regulatory
program of the State Forester described in ORS 526.237 is intended to
grant immunity from state and federal antitrust laws to a cooperative and
its members that enter into an agreement with the forester or the State
Board of Forestry for the members to produce nonindustrial private forest
tree seedlings for the forester and the board. The activities that any
person performs in compliance with ORS 526.237 may not be considered in
restraint of trade, a conspiracy or combination or any other unlawful
activity in violation of ORS 646.705 to 646.805 or federal antitrust
laws. [2005 c.541 §2]Note: See note under 526.231.(1) A state forest
nursery may be operated by the forester and the State Board of Forestry
to provide forest tree seedlings for the reforestation of forestland. The
nursery program may provide for the growth, care and maintenance of
nursery stock and for the sale of such stock to private, state and other
public owners of forestland.
(2) The forester and the board may use means in addition to, or
instead of, operating a state forest nursery under subsection (1) of this
section to secure forest tree seedlings and may sell those forest tree
seedlings to private, state and other public owners of forestland. The
means of securing forest tree seedlings may include, but need not be
limited to:
(a) Contracting with private nurseries to grow forest tree
seedlings;
(b) Allocating all or part of forest tree seedling production for
the forester and the board to a cooperative of private growers under ORS
526.237; and
(c) Leasing or otherwise making state nursery property available
for operation by private growers of forest tree seedlings.
(3) Each year the forester shall determine the costs of nursery
operation and of securing forest tree seedlings under subsection (2) of
this section and shall offer nursery stock or otherwise secured forest
tree seedlings for sale to forest owners at prices that will recover
actual costs.
(4) All revenues derived from the selling of nursery stock and
otherwise secured forest tree seedlings shall be credited to the State
Forestry Department Account.
(5) Notwithstanding ORS 291.238, the moneys credited to the State
Forestry Department Account under subsection (4) of this section shall be
continuously available on a revolving basis exclusively for forest
nursery purposes or for the purpose of securing forest tree seedlings.
[1971 c.59 §2; 2005 c.541 §4](1) As used in this section:
(a) “Cooperative” means a cooperative of forest tree seedling
growers formed under ORS chapter 62 for the purpose of allocating among
those growers agreements to grow forest tree seedlings under this section.
(b) “Member” means a grower who qualifies and is accepted for
membership in the cooperative.
(2) The State Forester and the State Board of Forestry may secure
forest tree seedlings for the reforestation of forestlands by means that
include, but need not be limited to, entering into agreements with a
cooperative to allocate among the members of the cooperative the
production of forest tree seedlings for the forester and the board in
amounts, types and species specified by the board.
(3) The forester shall actively supervise the conduct of the
cooperative and members in carrying out agreements described in
subsection (2) of this section to ensure that the activities of the
cooperative and members are consistent with the provision of a reasonably
priced, adequate and reliable source of high-quality forest tree
seedlings. The forester may inspect during reasonable hours any facility
or land used by a member to produce forest tree seedlings for the
forester and the board. The forester may examine, test and take samples
of forest tree seedlings being produced by the member for the forester
and the board.
(4) The forester may assess a charge on forest tree seedlings grown
by a member under a production allocation. Any charges collected under
this subsection shall be deposited in the State Forestry Department
Account and are continuously appropriated to the forester for purposes of
carrying out the duties of the forester under this section. [2005 c.541
§3]Note: See note under 526.231.Note: Section 6, chapter 541, Oregon Laws 2005, provides:
Sec. 6. The State Forester shall report to an interim committee of
the Legislative Assembly dealing with natural resources no later than
October 1, 2008. The report shall contain an assessment of the means used
by the forester and the State Board of Forestry to secure forest tree
seedlings and be accompanied by any recommendations of the forester or
the board for legislation regarding the securing of forest tree
seedlings. [2005 c.541 §6]MANAGEMENT REPORTS The
forester shall submit a biennial report to the Governor and to those
committees of the Legislative Assembly with responsibility for forestry
matters. The report shall contain matters that include, but are not
limited to:
(1) The long range management plans based on current resource
descriptions and technical assumptions, including sustained yield
calculations for the purpose of maintaining economic stability in each
management region.
(2) Marketing, reforestation and intensive management programs for
the last completed biennium and the current biennium, and projected
programs for the ensuing biennium. The marketing report shall include
volume and value of new sales, volume and value of timber harvested and
timber sales receipts distributed to counties and to the Common School
Fund.
(3) The programmed harvest level on federal lands or federal policy
changes that would impact that level of harvest on lands in Oregon. [1983
c.759 §15](1) The State Forester may conduct biennial public
hearings in each management region to report the matters included in ORS
526.255 and to accept public testimony.
(2) For the purpose of this section and ORS 526.255, the following
forest management regions are established:
(a) Northwest Region, consisting of Clatsop, Columbia, Tillamook,
Washington and Yamhill Counties.
(b) Willamette Region, consisting of Multnomah, Clackamas, Marion,
Polk, Lincoln, Benton, Linn and Lane Counties.
(c) Southern Region, consisting of Douglas, Coos, Curry, Josephine
and Jackson Counties.
(d) Eastern Region, consisting of Hood River, Wasco, Gilliam,
Sherman, Morrow, Umatilla, Union, Wallowa, Jefferson, Wheeler, Grant,
Baker, Deschutes, Crook, Klamath, Lake, Harney and Malheur Counties.
[1983 c.759 §16]FOREST HEALTH AND MANAGEMENT INITIATIVES(Federal Forest Management) The Legislative Assembly finds and declares that:
(1) The State Forestry Department is well-positioned, due to
experience in managing Oregon forests and its understanding of
science-based, active forest management, to facilitate state government
participation in forest management on federal lands located within the
state.
(2) The State Department of Fish and Wildlife has expertise with
fish and wildlife habitat and the Department of Environmental Quality has
expertise with water quality. Both departments have an important role to
play in the management of federal forests located within the state.
(3) A collaborative relationship between the State Forestry
Department, the federal government, other agencies of the executive
department, as defined in ORS 174.112, interested persons and
nongovernmental organizations may restore the health, diversity and
resilience of federal forests by increasing the information shared and by
providing a variety of perspectives on site-specific and landscape-level
determinations.
(4) In cooperation with the State Forestry Department and the
federal government, many communities in wildfire-prone areas have
completed a community wildfire protection plan that identifies priority
areas for hazardous fuel removal from federal lands.
(5) The federal government has provided opportunities for agencies
of the executive department, as defined in ORS 174.112, to become
involved, to a greater extent, in the management of federal lands. [2005
c.772 §1]Note: 526.271, 526.274, 526.277 and 526.280 were enacted into law
by the Legislative Assembly but were not added to or made a part of ORS
chapter 526 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation. In
furtherance of the policy established in ORS 526.271, the State Board of
Forestry, in consultation with the Governor, may:
(1) In conformance with federal law, including Public Law 108-7,
direct the State Forester to facilitate the development of stewardship
contracts utilizing private contractors and, when appropriate, to seek
and enter into a stewardship contract agreement with federal agencies to
carry out forest management activities on federal lands. The State
Forester may, under the stewardship contract agreements:
(a) Perform road and trail maintenance;
(b) Set prescribed fires to improve forest health, composition,
structure and condition;
(c) Manage vegetation;
(d) Perform watershed restoration and maintenance;
(e) Restore wildlife habitat;
(f) Control exotic weeds and species; and
(g) Perform other activities related to stewardship.
(2) Create a forum for interagency cooperation and collaborative
public involvement regarding federal forest management issues that may
include, at the discretion of the board, the appointment of advisory
committees, the use of existing advisory committees and procedures for
holding public hearings.
(3) Provide guidelines for the State Forestry Department and State
Forester to follow that contain directions regarding the management of
federal lands and that specify the goals and objectives of the board
regarding the management of federal lands.
(4) Participate, to the extent allowed by federal law, in the
development of federal forest policies and the forest management planning
processes of federal agencies.
(5) Provide guidelines for the department to follow in implementing
this section.
(6) Coordinate with Oregon State University, the State Department
of Fish and Wildlife, the Oregon Forest Resources Institute, the
Department of Environmental Quality, the Economic and Community
Development Department, the State Department of Energy and other agencies
of the executive department, as defined in ORS 174.112, to assist the
State Forestry Department in carrying out the provisions of this section.
[2005 c.772 §2]Note: See note under 526.271.(Forest Health) The
Legislative Assembly finds and declares that:
(1) Forestlands in federal, state and private ownership comprise
some of the most important environmental, economic and recreational
resources in the State of Oregon. However, federal lands, and to a lesser
extent state and private lands, are increasingly jeopardized by the risk
of drought-induced mortality, severe insect and disease outbreaks and
catastrophic wildfires.
(2) Enhancing forest health, wildlife habitat and other ecological
values and reducing the risk of severe insect and disease outbreaks and
catastrophic wildfires through forest management are of interest to the
residents of this state. Federal and state funds have not proved
sufficient to carry out the management activities necessary to achieve
these goals on federal lands, and it is unlikely that the funds will be
available on a continuous basis.
(3) The development of new market-based solutions to reduce the
risk of severe insect and disease outbreaks and catastrophic wildfires
may reduce the requirement for public funding. The development of biomass
markets, including energy markets, that use forest biomass unsuitable for
lumber, pulp and paper products as a primary source of raw material may
assist in the creation of a sustainable, market-based model for restoring
complexity and structure to Oregon’s forests.
(4) A biomass-based industry may provide a renewable source of
energy, reduce net greenhouse gas emissions, reduce air pollution from
wildfires, improve fish and wildlife habitat, create jobs and provide
economic benefits to rural communities. Through the collection and
conversion of forest biomass, ancillary benefits may be realized through
the improvement in forest health, the protection of infrastructure and
the stabilization of soils within critical watersheds.
(5) The collection and conversion of forest biomass diminishes fuel
loads and is an ecologically and economically sustainable practice where
the reintroduction of fire is not appropriate.
(6) The policy of this state is to support efforts to build, and
place in service, biomass-fueled energy production facilities that
utilize biomass collected from forests or derived from other sources such
as agricultural crop residue when:
(a) The facilities utilize sustainable supplies of biomass from
cost-effective sources;
(b) The use of woody biomass for energy maintains or enhances the
biological productivity of the land, taking into consideration
transportation costs, existing forest conditions, management objectives,
vegetation growth rates and the need to sustain water quality and fish
and wildlife habitat; and
(c) The set of forest values to be sustained, in addition to wood
and biomass for energy, is considered. Forest values include forest
products, water, wildlife and recreation.
(7) As used in this section and ORS 526.280:
(a) “Biomass” means any organic matter, including woody biomass,
agricultural crops, wood wastes and residues, plants, aquatic plants,
grasses, residues, fibers, animal wastes, municipal wastes and other
waste materials.
(b) “Woody biomass” means material from trees and woody plants,
including limbs, tops, needles, leaves and other woody parts, grown in a
forest, woodland, farm, rangeland or wildland-urban interface environment
that is the by-product of forest management, ecosystem restoration or
hazardous fuel reduction treatment. [2005 c.772 §3]Note: See note under 526.271.In furtherance of the policy established in ORS
526.277, the State Forester shall:
(1) Establish a policy of active and inclusive communication with
the federal government, public bodies as defined in ORS 174.109,
residents of Oregon and interested parties regarding the utilization of
woody biomass produced through forest health restoration. The State
Forester shall actively utilize the statutory provisions of the National
Forest Management Act of 1976, the Forest and Rangeland Renewable
Resources Planning Act of 1974, the National Environmental Policy Act of
1969, the Federal Land Policy and Management Act of 1976 and the Healthy
Forests Restoration Act of 2003 that allow the state to participate in
federal policy development in a manner that expresses the policy
established in ORS 526.277.
(2) Promote public involvement in the identification of the areas
of interface between urban lands and forestlands that pose the highest
potential to threaten lives and private property.
(3) Solicit public comment on the location of biomass-based energy
projects and conversion facilities.
(4) Promote public understanding, through education and outreach,
of forest conditions, forest management options, the potential benefits
and potential consequences of woody biomass utilization, the quality and
quantity of woody biomass on federal lands and the potential for woody
biomass utilization to assist in reducing wildfire risk and in enhancing
forest health, diversity and resilience. The State Forestry Department
may coordinate with the State Department of Energy, the Economic and
Community Development Department, Oregon State University, the State
Department of Fish and Wildlife, the Department of Environmental Quality
and other entities in any education and outreach performed pursuant to
this subsection.
(5) Allow the State Forestry Department to conduct inventories of
the types of woody biomass available and to serve as an information
resource for persons seeking to utilize woody biomass for energy
development. Notwithstanding ORS 192.501, reports on any inventories of
biomass conducted by the department shall be made available for public
inspection.
(6) Promote public understanding that woody biomass utilization may
be an effective tool for restoration of forest health and for economic
development in rural communities.
(7) Develop and apply, with advice from the forestry program at
Oregon State University, the State Department of Fish and Wildlife, the
Department of Environmental Quality and other sources, the best available
scientific knowledge and technologies pertaining to forest and wildlife
habitat restoration and woody biomass utilization when developing rules
under ORS 527.630.
(8) Seek opportunities to provide a source of woody biomass from
federal, tribal, state and private forests.
(9) Prepare a report every three years utilizing, to the greatest
extent practicable, data collected from state and federal sources that
specify the effect of woody biomass collection and conversion on the
plant and wildlife resources and on the air and water quality of this
state. The report shall identify any changes that the State Forester
determines are necessary to encourage woody biomass collection and
conversion and to avoid negative effects on the environment from woody
biomass collection and conversion. The State Forester shall submit the
report to the Governor and to an appropriate legislative interim
committee with jurisdiction over forestry issues. [2005 c.772 §4]Note: See note under 526.271.Note: Section 5, chapter 772, Oregon Laws 2005, provides:
Sec. 5. The State Forester shall prepare a report referred to in
section 4 (9) of this 2005 Act [526.280 (9)] no later than October 1,
2008. [2005 c.772 §5]COUNTY FORESTLAND CLASSIFICATION As used in ORS
526.305 to 526.370, unless the context requires otherwise:
(1) “Committee” means a county forestland classification committee.
(2) “Governing body” means the board of county commissioners or
county court of a county, as the case may be. [1965 c.253 §33] (1) The governing body of
each county containing forestland may establish a county forestland
classification committee of five persons, of whom one shall be appointed
by the State Forester, one by the Director of the Oregon State University
Extension Service and three by the governing body. Of the members
appointed by the governing body, one must be an owner of forestland or a
representative thereof, and one must be an owner of grazing land or a
representative thereof. Each appointing authority shall file with the
forester the name of its appointee or appointees, and the persons so
named shall constitute the committee for the county. Each member of the
committee at all times is subject to replacement by the appointing
authority, effective upon the filing with the forester by that authority
of written notice of removal and the name of the new appointee.
(2) The committee shall elect from among its members a chair and a
secretary and may elect or employ other officers, agents and employees,
as it finds advisable. It shall adopt rules governing its organization
and proceedings and the performance of its duties, and shall keep written
minutes of all its meetings.
(3)(a) The governing body of the county may provide for the
committee and its employees such accommodations and supplies and such
county funds not otherwise appropriated as the governing body finds
necessary for the proper performance of the committee’s functions.
(b) The forester may provide for the committee and its employees
such accommodations and supplies and such forest protection district
funds as the forester finds necessary for the proper performance of the
committee’s functions.
(4) The members of the committee shall receive no compensation for
their services but the governing body or the forester may reimburse them
for their actual and necessary travel and other expenses incurred in the
performance of their duties. [Amended by 1965 c.253 §34; 1967 c.429 §30;
1997 c.274 §42]Upon establishment of a committee
under ORS 526.310, the committee shall investigate and study all
forestland within its county and determine which of the land is suitable
primarily for the production of timber, which is suitable primarily for
joint use for timber production and the grazing of livestock, and which
is suitable primarily for grazing or other agricultural use. Such
determination shall take into consideration climate, topography,
elevation, rainfall, soil conditions, roads, extent of fire hazards,
recreation needs, scenic values, and other physical, economic and social
factors and conditions relating to the land involved. [Amended by 1965
c.253 §35; 1967 c.429 §31] (1)
Upon the basis of its investigation and determination under ORS 526.320,
a committee shall assign all forestland within its county to one of the
following classes:
(a) Class 1, timber class, includes all forestland primarily
suitable for the production of timber.
(b) Class 2, timber and grazing class, includes all forestland
primarily suitable for joint use for timber production and the grazing of
livestock, as a permanent or semipermanent joint use, or as a temporary
joint use during the interim between logging and reforestation.
(c) Class 3, agricultural class, includes all forestland primarily
suitable for grazing or other agricultural use.
(2) The committee first shall adopt a preliminary classification
and upon its completion shall cause notice thereof to be published once a
week for two consecutive weeks in a newspaper of general circulation in
the county and to be posted in three public places within the county. The
notice shall state the time and place for hearing or receiving
objections, remonstrances or suggestions as to the proposed
classification and the place where a statement of the preliminary
classification may be inspected. [1965 c.253 §37; 1967 c.429 §32] (1) The
committee shall hold a public hearing at the time and place stated in the
notice published under ORS 526.324 (2), or at such other time and place
as the hearing may then be adjourned to, to receive from any interested
persons objections, remonstrances or suggestions relating to the proposed
classification. Following the hearing the committee may make such changes
in the preliminary classification as it finds to be proper, and
thereafter shall make its final classification.
(2) All action by the committee in classifying or reclassifying
forestland shall be by formal written order which must include a
statement of findings of fact on the basis of which the order is made,
and must include a map showing the classifications or reclassifications
made. The original of the order shall be filed immediately with the
county clerk of the county, who shall maintain it available for public
inspection. A copy of the order certified by the secretary of the
committee shall be sent to the State Board of Forestry. [1965 c.253 §38](1) Any owner of land classified under ORS 526.328
or 526.340 who is aggrieved by the classification may, within 30 days
after the date of the order making the classification, appeal to the
circuit court for the county. The appeal shall be taken by serving the
notice of appeal on the secretary of the committee or, if the
classification was made under ORS 526.340, on the State Forester, and by
filing such a notice with the county clerk.
(2) The appeal shall be tried by the circuit court as an action not
triable by right to a jury. [1965 c.253 §39; 1979 c.284 §163] (1) In the event no
classification of forestland is made by a committee within a county in
which such land is situated because no committee was appointed for a
period of time exceeding two years or, if appointed, a committee did not
act for a period of time exceeding two years or acted in a manner
inconsistent with law, the State Forester may make the final
classifications that were otherwise to be made by a committee.
(2) Classifications by the State Forester have the same force and
effect as though made by a committee for that county. However,
classifications made by the State Forester cease to be effective if
replaced by classifications made pursuant to ORS 526.328 by the
appropriate committee. [Amended by 1965 c.253 §40; 1997 c.274 §43](1) All forest laws
relating to forestland classified pursuant to ORS 526.328 or 526.340, and
all rules promulgated under such laws, shall be so administered as best
to promote the primary use for which that land is classified. Any
contract by the State Board of Forestry or the State Forester with any
forest protective association or agency for the care of any such
forestland shall provide that the care shall be in accord with the
provisions of this section relating to that land.
(2) It shall be the policy of the board and the forester as to all
forestland classified in:
(a) Class 1, to give primary consideration to timber production and
reforestation, in preference to grazing or agricultural uses, not
excluding, however, recreation needs or scenic values.
(b) Class 2, to give equal consideration and value to timber
production and the development or maintenance of grazing, either as a
temporary use for the interim between logging and reforestation or as a
permanent or semipermanent joint use.
(c) Class 3, to give primary consideration to the development of
grazing or agriculture, in preference to timber production.
(3) The forester, on forestland classified pursuant to ORS 526.328
or 526.340, shall administer the forest laws of this state in accordance
with the policy stated in this section as it applies to the land
involved. [Amended by 1965 c.253 §41](1) The
State Board of Forestry and the forester may assist to the extent
possible in developing, for forestry, grazing or agricultural uses, all
forestland classified pursuant to ORS 526.328 or 526.340 for such uses,
including the burning of brush or other flammable material for the
purpose of:
(a) Removing a fire hazard to any property;
(b) Preparing seed beds;
(c) Removing obstructions to or interference with the proper
seeding or agricultural or grazing development or use of that land;
(d) Promoting the establishment of new forest crops on cutover,
denuded or underproductive lands;
(e) Implementing pest prevention and suppression activities, as
provided in ORS 527.310 to 527.370; or
(f) Promoting improvements to forest health, including improvements
to fish and wildlife habitat.
(2) Upon request of the owner or the agent of the owner of any
forestland classified pursuant to ORS 526.328 or 526.340, the forester
may perform or supervise burning operations thereon for any of the
purposes stated in subsection (1) of this section. The owner or the agent
of the owner shall supply such personnel and equipment and shall perform
such fire control actions and activities as the forester may require
while there is danger of the fire spreading. The forester may refuse to
perform or supervise burning or to issue any burning permit when, in the
judgment of the forester, conditions so warrant.
(3) To accomplish the purposes set forth in subsection (1) of this
section, the State Board of Forestry may establish by rule a Certified
Burn Manager program. The rules shall include:
(a) Certification standards, requirements and procedures;
(b) Standards, requirements and procedures to revoke certification;
(c) Actions and activities that a Certified Burn Manager must
perform;
(d) Actions and activities that a Certified Burn Manager may not
allow or perform;
(e) Limitations on the use of a Certified Burn Manager; and
(f) Any other standard, requirement or procedure that the board
considers necessary for the safe and effective administration of the
program.
(4) When any burning for any of the purposes stated in subsection
(1) of this section on forestland classified pursuant to ORS 526.328 or
526.340 is started under the supervision of and supervised by the
forester or a Certified Burn Manager, no person shall be liable for
property damage resulting from that burning unless the damage is caused
by the negligence of the person. [Amended by 1965 c.253 §42; 1967 c.429
§33; 1999 c.101 §2](1) The forester may, as a condition precedent to supervising of any
burning as provided in ORS 526.360, require the owner or the agent of the
owner in control of the land involved to agree in writing to seed
properly the land over which the burning operation is to be conducted,
with such seed or seed mixtures as may be suitable for that area.
(2) In the event of failure by the owner or agent of the owner to
seed the property in accordance with such agreement, the governing body
of that county may cause the seeding to be done and the cost thereof may
be recovered by the governing body from the owner or the agent of the
owner by legal action. The cost shall constitute a lien upon the land
seeded. The governing body shall cause a written statement and notice of
such lien, describing the land and stating the amount of the cost, to be
certified under oath and filed in the office of the county clerk within
90 days following the completion of reseeding. The lien may be
foreclosed, within six months after such filing, by suit, in the manner
provided by law for foreclosure of liens for labor and material. [Amended
by 1965 c.253 §43; 1999 c.101 §3]NONINDUSTRIAL PRIVATE LANDOWNER ASSISTANCE(Generally)Recognizing that nonindustrial private forests make a
vital contribution to Oregon by providing jobs, products, tax base and
other social and economic benefits, it is hereby declared to be the
public policy of the State of Oregon to encourage management of
nonindustrial private forestlands for tree production. Therefore, under
the direction of the State Board of Forestry and to the extent funds are
available, the State Forester shall:
(1) Provide for coordinated technical and financial assistance to
the nonindustrial private forest landowner;
(2) Provide management planning for nonindustrial private
forestlands;
(3) Advise and encourage nonindustrial private forest landowners to
carry out young growth management activities, such as converting
underproductive forestlands, reforestation, release, precommercial
thinning and salvaging insect or disease damaged trees;
(4) Administer federal programs, such as the Agricultural
Conservation Program or Forestry Incentives Program, that are designed to
help encourage management of nonindustrial private forestlands;
(5) Advise and encourage nonindustrial private forest landowners to
form cooperatives or aggregates for the purpose of more efficiently
carrying out their young growth management activities;
(6) Periodically advise and recommend changes to the Legislative
Assembly on laws conflicting with the intent of this statute; and
(7) In compliance with ORS chapter 183, promulgate rules consistent
with law for providing management planning for nonindustrial private
forestlands. [Formerly 526.048](Woodland Management Act of 1979)ORS 315.104, 318.031 and 526.450 to 526.475
may be cited as the “Woodland Management Act of 1979.” [1979 c.578 §1] As used in ORS
315.104, 318.031 and 526.450 to 526.475, unless the context requires
otherwise:
(1) “Approved forest management practice” means and includes site
preparation, tree planting, precommercial thinning, release,
fertilization, animal damage control, insect and disease management or
such other young growth management practices that increase wood growth as
the State Forester shall approve or determine proper generally with
regard to any particular applicant.
(2) “Board” means State Board of Forestry.
(3) “Commercial forestland” means land for which a primary use is
the growing and harvesting of forest tree species and other forest
resource values.
(4) “Eligible owner” means any private individual, group, Indian
tribe or other native group, association, corporation or other nonpublic
legal entity owning 10 to 500 acres of Oregon commercial forestland.
(5) “Forest management plan” means an operation plan to reach
landowner objectives and assures public benefits as they relate to
producing timber and other values. It shall include a cover map, basic
forest stand description data, treatment opportunities, landowner
objectives and a schedule for implementing the forest management plan.
(6) “Forest management practices” means and includes site
preparation, tree planting, precommercial thinning, release,
fertilization, animal damage control, insect and disease management and
other young growth management practices that increase wood growth.
(7) “Industrial private forestlands” means lands capable of
producing crops of industrial wood, greater than 10 acres and owned by
other than an eligible owner.
(8) “Industrial wood” means forest products used to sustain a
sawmill, plywood mill, pulp mill or other forest industry related
manufacturing facility.
(9) “Landowner” means any private individual, group, Indian tribe
or other native group, association, corporation or other legal entity,
owning both the forestland and any timber thereon.
(10) “Nonindustrial private forestlands” means lands capable of
producing crops of industrial wood and owned by an eligible owner.
(11) “State Forester” means the individual appointed pursuant to
ORS 526.031, or the authorized representative of the State Forester.
(12) “Timber” means wood growth, mature or immature, growing or
dead, standing or down of species acceptable for regeneration under the
Oregon Forest Practices Act.
(13) “Underproductive forestlands” means commercial forestlands not
meeting the minimum stocking standards of the Oregon Forest Practices
Act. [1979 c.578 §2] (1) The
State of Oregon recognizes that the forest makes a vital contribution to
Oregon. Economic benefits provided include a large tax base, substantial
employment and wood products for a world market. The environmental
benefits include maintenance of a forest cover and soil, air and water
resources. Other benefits provided are habitats for wildlife and aquatic
life, recreation and forest range. Management of all forestlands in
Oregon should be encouraged to provide continuous production of all
forest benefits.
(2) Nonindustrial private forestlands are an important part of
Oregon’s forest resource base. They can make major contributions to
Oregon’s economy and provide many other social benefits. Therefore, it is
the policy of the State of Oregon to provide conditions favorable for
long term forestry investments that lead to increased management of and
harvest from these lands. [1979 c.578 §3] The purpose of ORS
315.104, 318.031 and 526.450 to 526.475 is to encourage long term
forestry investments that lead to increased management of Oregon’s
forestlands by:
(1) Providing the forest owner with tax relief during the timber
growth period.
(2) Promoting programs that provide forest credit on young stands
and encourage harvesting of mature forest crops.
(3) Promoting the establishment of new forest crops on cutover,
denuded or underproductive privately owned forestlands.
(4) Protecting the public interest by assuring that the citizens of
the state and future generations shall have the benefits to be derived
from the continuous production of forest products from the private
forestlands of Oregon, including jobs, taxes, water, erosion control and
habitat for wild game. [1979 c.578 §4](1) A state forest tree seed bank may be operated by
the State Forester and the State Board of Forestry to provide forest tree
seed for the raising of forest tree seedlings suitable for reforestation.
Such tree seed bank is to provide for the purchase, collection, storage,
care and maintenance of forest tree seed and for the sale of such tree
seed to private, state and other public owners of forest nurseries or
forestland.
(2) Each year the State Forester shall determine the costs of tree
seed bank operation and shall offer tree seed for sale to forest or
nursery owners at prices that will recover actual costs.
(3) All revenues derived from the operation of the tree seed bank
shall be credited to the State Forestry Department Account.
(4) Notwithstanding ORS 291.328, the moneys credited to the State
Forestry Department Account under subsection (3) of this section shall be
continuously available on a revolving basis exclusively for forest
nursery purposes or for the purpose of securing forest tree seedlings.
(5) The State Forester shall keep a record of all moneys deposited
in the State Forestry Department Account for forest nursery purposes or
for the purpose of securing forest tree seedlings. The record shall
indicate by separate cumulative accounts the source from which the moneys
are derived and the individual activity or program against which each
withdrawal is charged. [1979 c.578 §5; 2005 c.541 §5] (1) Any owner
affected by a determination of the State Forester made under ORS 315.104,
318.031 and 526.450 to 526.475 may appeal to the State Board of Forestry
under such rules as it may adopt. An appeal to set aside any decision of
the board with respect to ORS 315.104 or 318.031 may be taken within 60
days of the decision to the Oregon Tax Court in the manner provided for
tax cases under ORS chapter 305.
(2) Any owner affected by a determination of the Department of
Revenue made under ORS 315.104 or 318.031 may appeal directly to the tax
court under ORS 305.404 to 305.560. [1979 c.578 §11; 1995 c.650 §40](1) It is
the policy of the State of Oregon to encourage the afforestation of idle
land for the purpose of establishing commercial forests if such
afforestation is consistent with landowner objectives. The purpose of
this section is to provide an incentive for afforestation by providing
assurance that the State of Oregon will not prohibit the harvesting of
trees planted on such lands within the first crop rotation.
(2) As used in this section:
(a) “Free to grow” means a stand of well-distributed trees that has
a high probability of remaining or becoming vigorous, healthy and
dominant over undesired competing vegetation.
(b) “Parcel” has the meaning given that term in ORS 92.010.
(3) Notwithstanding ORS 527.676, 527.710 or 527.755 or any rules
promulgated thereunder, and except as provided in subsection (4) of this
section, a person who, after September 9, 1995, plants or causes to be
planted a stand of timber that is intended to become a merchantable stand
of timber as defined in ORS 321.005 on a parcel owned by the person, or a
portion of such parcel not less than five contiguous acres, shall not be
prohibited from harvesting the planted timber provided that:
(a) Prior to the time of planting, the parcel or portion thereof
has not been subject to any forest practice as defined in ORS 527.620
since July 1, 1972; and
(b) Prior to the time of planting, the stocking of forest tree
species on the subject parcel or portion thereof is less than 25 square
feet of basal area per acre.
(4) The provisions of subsection (3) of this section shall not
apply to any land or timber located within 20 feet of any large or medium
stream, or any small stream that is a fish-bearing or domestic use
stream, as defined by the State Board of Forestry.
(5)(a) If, within two to five years of planting under subsection
(3) of this section, the person notifies the State Forester, the State
Forester shall inspect the timber and shall issue a certificate to the
owner indicating that a free to grow stand of timber has been established
under subsection (3) of this section and identifying the location of the
timber. Upon request of the owner and payment of any applicable fee, the
county clerk in the county wherein the parcel is located shall record the
certificate as specified under ORS 205.130.
(b) A person who notifies the State Forester and requests
certification shall provide an accurate plat of the parcel or portion
planted under subsection (3) of this section to the State Forester as
well as photographs that accurately depict the condition of the land
prior to planting.
(c) The State Forester may, by rule, establish a fee or schedule of
fees adequate to cover such necessary expenses incurred by the State
Forester in conducting inspection and certification activities. Fees may
be charged to the person requesting certification.
(6)(a) Except as provided in subsection (3) of this section, all
forest practices conducted on the planted parcel or portion thereof shall
be subject to the provisions of ORS 527.610 to 527.770, 527.990 (1) and
527.992.
(b) No parcel or portion of such parcel shall be subject to the
provisions of subsections (3) and (5) of this section more than once.
[1995 c.266 §1; 2001 c.340 §2]Note: 526.490 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 526 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.URBAN AND COMMUNITY FORESTRY As used in ORS
526.500 to 526.515, unless the context requires otherwise:
(1) “Urban forest” means the area in and around a city that
contains trees and associated plant and animal life. The area may be
public or private and may include single trees, small groups of trees or
trees in large groups that would be identified commonly as a forest or
woodland.
(2) “Urban and community forestry” means the practice of managing,
planning, maintaining and promoting the health of the urban forest as a
community resource. [1993 c.347 §2] Trees not only are important to the economic and
environmental well-being of Oregon, but also represent a significant
component of the quality of life for urban residents. As a matter of
policy, it is important to promote and protect the human habitat values
that accrue from a healthy urban forest. Therefore, it is declared to be
the public policy of the State of Oregon to encourage cities to plant and
properly care for trees within the cities’ urban growth boundaries and
develop management plans to protect and promote urban forests. [1993
c.347 §3](1) The State Forestry Department shall provide technical
assistance to cities, counties, other governmental units, nonprofit and
civic organizations and other groups interested in planting and caring
for trees in communities. Technical assistance may include, but is not
limited to, the following areas:
(a) Establishing and maintaining local urban and community forestry
programs;
(b) Developing local tree management ordinances;
(c) Developing public information programs to promote awareness of
the values and benefits of the urban forest as a resource of the urban
community;
(d) Implementing appropriate tree management and care practices;
(e) Performing street tree inventories; and
(f) Planning and coordinating local tree planting projects.
(2) The department shall make the fullest use of cooperative
agreements, projects and resource sharing with local grassroots
organizations, community action groups, businesses, local and state
agencies, federal agencies, public and private schools, colleges and
universities in designing, developing and implementing local programs,
plans and activities. [1993 c.347 §4] (1) The
State Forestry Department may receive and disburse such gifts, grants,
bequests, federal moneys and endowments and donations of labor, material,
seedlings, trees and equipment from public and private sources for the
purpose of conducting an urban and community forestry program. In
addition, the department is authorized to charge fees for services and
for attendance at workshops and conferences and to sell various
publications and other materials that the department prepares.
(2) All revenues received under subsection (1) of this section and
any interest earned on all cash balances except federal moneys shall be
credited to the State Forestry Department Account and may be expended
only for urban and community forestry purposes. [1993 c.347 §5]OREGON FOREST RESOURCES INSTITUTE(Generally) As used in ORS
526.600 to 526.675, unless the context requires otherwise:
(1) “Institute” means the Oregon Forest Resources Institute.
(2) “Producer” means a producer of forest products and includes any
person, partnership, association, corporation, cooperative or other
business entity involved in the growing, harvesting or producing of
timber or timber products. “Producer” does not include landowners who
meet the requirement of ORS 526.610 (4). [1991 c.949 §2; 1995 c.225 §2;
2003 c.423 §9] The State of Oregon recognizes that the forest
products industry is one of the largest industries in the state. It
provides monetary returns to labor, forestland owners, mill owners and
operators, public timber purchasers, timber harvesters, investors and
others. It is a source of local and state taxes. It is a major supporter
of many secondary businesses that supply goods and services in our
communities. The welfare of the state is therefore largely dependent on
the health and vigor of the forest products industry. The Oregon Forest
Resources Institute’s objectives support this important industry and the
wise stewardship of natural resources for the benefit of Oregonians.
[1991 c.949 §3; 2003 c.423 §1]There is created the Oregon Forest Resources Institute. The
institute shall be governed by a board of directors appointed by the
State Forester. In making the appointments, the State Forester shall take
into consideration any nominations or recommendations made to the State
Forester by producers or organizations that represent producers. The
board shall consist of 11 voting members plus two nonvoting members
appointed as follows:
(1) Three voting members to represent small producers of 20 million
board feet or less per year.
(2) Three voting members to represent medium producers of more than
20 million board feet but less than 100 million board feet per year.
(3) Three voting members to represent large producers of 100
million board feet or more per year.
(4) One voting member who is an owner of between 100 and 2,000
acres of forestland and who has no direct financial interest in any
forest products processing activity.
(5) After consideration of the recommendations of the other
appointed members in subsections (1) to (4) of this section, one voting
member who is an hourly wage employee of a producer or a person who
represents such employees. The member appointed under this subsection
need not comply with the requirements of ORS 526.615 (3) to (6).
(6)(a) Two nonvoting members:
(A) The Dean of the College of Forestry at Oregon State University.
(B) An individual jointly appointed by the President of the Senate
and the Speaker of the House of Representatives to represent the public.
The public representative may not be a member of or significantly
affiliated with any organization of or business in the timber industry or
any organization or business known to support or promote environmental or
conservation issues. A person appointed under this subparagraph serves at
the pleasure of the President of the Senate and the Speaker of the House
of Representatives.
(b) Members referred to in this subsection are not subject to ORS
526.615 to 526.625. [1991 c.949 §4; 1993 c.584 §3; 1995 c.225 §3; 1999
c.40 §1; 2003 c.423 §2]Note: Section 7, chapter 423, Oregon Laws 2003, provides:
Sec. 7. (1) Notwithstanding the term of office of any person
elected or appointed to the board of directors of the Oregon Forest
Resources Institute, all terms of office for voting members of the board
of directors of the Oregon Forest Resources Institute shall end on the
effective date of this 2003 Act [June 18, 2003]. New voting members shall
be appointed to the board of directors of the institute in accordance
with ORS 526.610.
(2) Notwithstanding the term of office specified in ORS 526.620 for
members of the board of directors of the institute:
(a) Four members shall be appointed for terms ending January 1,
2005.
(b) Four members shall be appointed for terms ending January 1,
2006.
(c) Three members shall be appointed for terms ending January 1,
2007. [2003 c.423 §7] Except as provided in ORS
526.610 (5), each voting member of the board of directors of the Oregon
Forest Resources Institute shall have the following qualifications:
(1) Be a citizen of the United States.
(2) Be a bona fide resident of this state.
(3) Be a producer in this state, an employee of such a producer or
own between 100 and 2,000 acres of forestland in this state on which
harvest taxes are paid, but have no direct financial interest in any
forest products processing activity.
(4) Have been actively engaged in producing forest products for a
period of at least five years.
(5) Derive a substantial proportion of income from the production
of forest products.
(6) Have demonstrated, through membership in producers’
organizations or organizations representing landowners who meet the
requirements of ORS 526.610 (4), a profound interest in the development
of Oregon’s forest products industry. [1991 c.949 §6; 1995 c.225 §4; 1999
c.40 §2; 2003 c.423 §3] Each voting member of
the board of directors of the Oregon Forest Resources Institute shall be
appointed for a term ending three years from the date of the expiration
of the term for which the member’s predecessor was appointed. If there is
a vacancy on the board of a voting member, other than a vacancy caused by
expiration of a term, the State Forester shall fill the vacancy for the
remainder of the unexpired term with a person who represents the same
class as the member whose term was vacated. [1991 c.949 §7; 1995 c.225
§5; 2003 c.423 §4](1) The State Forester shall immediately declare the office of
any member of the board of directors of the Oregon Forest Resources
Institute vacant whenever the member becomes a resident of another state
or is unable to perform the duties of office. In addition, the State
Forester shall immediately declare the office of any member of the board
who represents producers vacant if the member ceases to be an active
producer in the state.
(2) The State Forester may remove any member of the board of
directors for inefficiency, neglect of duty or misconduct in office, but
not until after a public hearing thereon and service upon such member of
a copy of the charges together with a notice of the time and place of
such hearing. Service shall be made not less than 10 days prior to the
hearing. At the hearing the member shall be given an opportunity to be
heard in person or by counsel and shall be permitted to present evidence
to answer the charges and explain the facts alleged. [1991 c.949 §8; 2003
c.423 §5] Directors, officers and
employees of the institute may receive their actual and necessary travel
and other expenses incurred in the performance of their official duties.
The board of directors shall adopt uniform and reasonable rules governing
the incurring and paying of such expenses. [1991 c.949 §9]
Notwithstanding any other provision of law, wages or salaries of
employees of the Oregon Forest Resources Institute are not subject to
personnel compensation plans for state employees established by the
Oregon Department of Administrative Services under ORS 240.235 to
240.250. [1993 c.584 §2] (1) The board of directors annually shall elect a
chairperson.
(2) The board of directors shall meet regularly at least once each
quarter, and at such other times as called by the chairperson. [1991
c.949 §10] The Oregon Forest Resources
Institute shall enhance and provide support for Oregon’s forest products
industry. In achieving these objectives the institute may:
(1) Increase public understanding of the practice of forestry and
the use and benefits of forest products.
(2) Support education and cooperative efforts among private forest
landowners and within the forest products industry to:
(a) Practice good stewardship of the land, and protect water and
other public resources to the maximum extent practicable;
(b) Encourage the conversion of underproductive rural lands to
forest uses, and provide information to private landowners on the means
to facilitate such conversions;
(c) Encourage, facilitate and assist private forest landowners to
meet or exceed state and federal regulations governing forest operations;
(d) Evaluate and communicate to private forest landowners the
stewardship responsibility expectations of the public; and
(e) In cooperation with the State Forestry Department, Oregon State
University and other appropriate government or private entities, serve as
a clearinghouse for the dissemination of information to private forest
landowners, through conferences, workshops and other means, about modern
land management practices.
(3) Conduct research and help facilitate continued improvement in
wood utilization and in secondary wood products manufacturing.
(4) Publish and sell publications and other materials relating to
any program or function authorized by ORS 526.600 to 526.675. The
institute may contract for the publication of the materials described in
this subsection, including the research, design and writing of the
materials. The contract may include, among other matters, provisions for
advance payment or reimbursement for services performed under the
contract. The price of such publications shall include the cost of
publishing and distributing the materials. All moneys received by the
institute from the sale of publications shall be deposited in the Oregon
Forest Resources Institute Fund. [1991 c.949 §11; 1997 c.15 §1] In addition to the functions listed in
ORS 526.640, the Oregon Forest Resources Institute may:
(1) Conduct research and disseminate reliable information based
upon such research.
(2) Sue and be sued as an institute without individual liability
for acts of the board of directors within the scope of the powers
conferred upon it by law.
(3) Enter into contracts which the board of directors considers
necessary to carry out the duties, functions and powers imposed upon the
institute by law.
(4) Borrow money in amounts not to exceed 50 percent of the board
of directors’ estimate of the institute’s revenue from the current year’s
harvest.
(5) Appoint subordinate officers and employees of the institute and
prescribe their duties and fix their compensation.
(6) Adopt, rescind, modify or amend all proper orders, regulations,
rules and resolutions for the exercise of its duties, functions and
powers. [1991 c.949 §12](Financial Administration) (1) Notwithstanding ORS
526.645 (2), no funds shall be expended by the Oregon Forest Resources
Institute for the purpose of supporting or opposing litigation or other
legal action which is unrelated to the administration of the institute.
(2) No funds shall be expended by the institute for the purpose of
influencing, or attempting to influence, any legislation or any
rulemaking or other administrative activity of any state board,
commission or agency. [1991 c.949 §13] The Oregon
Forest Resources Institute may accept grants, donations or gifts from any
source for expenditures for any purposes consistent with the purposes of
ORS 526.600 to 526.675. All funds so received shall be handled as
specified in ORS 526.600 to 526.675 for other moneys received by the
institute. [1991 c.949 §14] The
provisions of ORS 576.410 to 576.450 as set forth in the 2001 Edition of
Oregon Revised Statutes, pertaining to budget and expenditure control,
apply to budgets and expenditures of the Oregon Forest Resources
Institute except that:
(1) All references in such statutes to the Director of Agriculture
shall be considered references to the State Forester.
(2) All references in such statutes to the board shall be
considered references to the State Board of Forestry.
(3) All references in such statutes to the commission shall be
considered references to the board of directors of the institute.
(4) Copies of proposed budgets required as described by ORS 576.425
(1) as set forth in the 2001 Edition of Oregon Revised Statutes shall not
be sent to county extension agents, but shall be available for inspection
at the institute office and at the office of the State Forester in Salem.
(5) The State Forester shall examine and certify the budget in the
manner provided under ORS 576.430 (2) as set forth in the 2001 Edition of
Oregon Revised Statutes and make the determination in the same manner as
a determination by the Director of Agriculture under ORS 576.445 (2) as
set forth in the 2001 Edition of Oregon Revised Statutes. [1991 c.949
§16; 1995 c.225 §6; 2003 c.604 §102]
Except as otherwise provided in ORS 526.600 to 526.675, ORS 291.026,
291.201 to 291.222, 291.230 to 291.260, 291.322 to 291.336, 292.210 to
292.250, 293.260 to 293.280, 293.295 to 293.346 and 293.590 to 293.640 do
not apply to the Oregon Forest Resources Institute or to the
administration and enforcement of ORS 526.600 to 526.675. [1991 c.949 §17] The Oregon Forest Resources
Institute shall keep accurate books, records and accounts of all its
dealings which shall be open to inspection and audit by the Secretary of
State. [1991 c.949 §18](1) The Oregon Forest Resources Institute Fund is created in the
State Treasury, separate and distinct from the General Fund. Except as
otherwise provided by law, all moneys received by the Oregon Forest
Resources Institute shall be paid into the State Treasury and credited to
the fund. All moneys in the fund are appropriated continuously to the
institute to carry out its duties, functions and powers. Interest
earnings on all moneys in the fund shall be retained in the fund.
(2) The board of directors of the institute may repay moneys from
the fund to persons who paid a privilege tax levied under ORS 321.017.
The board may repay the amount of tax paid upon application by the person
who paid the tax. The board shall adopt rules necessary for the
implementation of this subsection. Rules adopted by the board shall
include standards for the repayment of moneys and limits on the amount
that may be requested. [1991 c.949 §20; 2003 c.423 §6]FOREST RESOURCE TRUST(1) The Forest Resource Trust is established
in the State Forestry Department. The Forest Resource Trust shall provide
funds for financial, technical and related assistance to nonindustrial
private forestland owners for stand establishment and improved management
of forestlands for timber production as well as wildlife, water quality
and other environmental purposes.
(2) The members of the State Board of Forestry shall have overall
responsibility for management of the Forest Resource Trust. The board is
authorized to establish policies and programs in addition to those
created by ORS 526.700 to 526.775 to further the purposes of the trust.
(3) The board shall appoint an advisory committee consisting of no
more than 15 members representing the public, nonindustrial private
forestland owners, the forest products industry, forest consultants and
contractors, the financial community, environmental and conservation
organizations and other related interests including affected state
agencies. The advisory committee shall assist the board in setting policy
for the best use and investment of funds available to the trust and
otherwise assist board members in the performance of their duties as
trustees.
(4) In accordance with any applicable provisions of ORS chapter
183, the board shall adopt rules to carry out the duties, functions and
powers of the Forest Resource Trust and to guide implementation of the
stand establishment program created under ORS 526.705.
(5) The State Forester is responsible for implementing board
policies and programs for the Forest Resource Trust. [1993 c.765 §57](1) To carry out the duties, functions and powers of the
Forest Resource Trust, there is created a voluntary stand establishment
program to finance the establishment and maintenance of healthy stands of
trees in an environmentally responsible manner on unstocked and
underproducing nonindustrial private forestlands. The goal of the stand
establishment program is to reforest 250,000 acres by the year 2010.
(2) In advancing moneys and providing other assistance for stand
establishment, the State Board of Forestry shall:
(a) Give priority to lands zoned for forest uses under county
comprehensive plans and to other lands with moderate to high probability
of success in reforestation or environmental restoration; and
(b) Consider development of financial and other incentives for good
land management, compliance with plans for established stands, and for
growth to maturity and harvest.
(3) The board shall establish options for the repayment of advanced
moneys consistent with subsection (2) of this section and including but
not limited to the following, singly or in combination:
(a) A revenue-sharing proposal that guarantees the landowner a
percentage of the receipts upon harvest after payment of harvest and
severance taxes;
(b) Financial agreements; and
(c) Repayment in full with interest if a landowner fails to get the
stand free to grow as that term is defined in the Oregon Forest Practices
Act, unless said failure is through no fault of the landowner.
(4) The terms of repayment shall be based on considerations that
represent the best use and investment of funds including:
(a) Reasonable assumptions regarding future timber prices and yield;
(b) Rates of return sufficient to provide a reasonable and prudent
payback to the Forest Resource Trust of costs including, but not limited
to, site preparation, planting, animal protection, release, planning and
layout of treatment units, supervising the activities, and accounting and
legal work;
(c) Offsets attributable to measurable anticipated public benefits
such as job creation, tax revenue, increased timber supply and
environmental improvement; and
(d) The extent to which landowner contributions of money, labor or
other resources reduce the risk to the Forest Resource Trust.
(5) Participating landowners shall not be required to comply with
forest practices beyond those required by state and federal law with the
exception of planting standards which may be more than the required
minimum. Participating landowners who voluntarily agree to manage the
established stand beyond minimum standards may be eligible for financial
and other incentives if consistent with subsections (2) and (3) of this
section. Payments to any landowner for stand establishment shall not
exceed $100,000 in any two-year period. [1993 c.765 §58] To assist the
State Board of Forestry in carrying out the duties of the Forest Resource
Trust, the State Forestry Department shall:
(1) Identify potentially suitable lands and market stand
improvement services to the owners of those lands.
(2) Provide technical and other management assistance to
participating landowners.
(3) Monitor compliance with the stand establishment program by
participating landowners.
(4) Encourage involvement of the landowner.
(5) Encourage the use of private contractors, consultants and
forestry extension programs.
(6) Develop project plans in cooperation with landowners that
establish clear benchmarks for compliance with terms of the plan. [1993
c.765 §59](1) The State Forester is authorized, on behalf of the Forest Resource
Trust, to enter into contracts with eligible landowners to carry out the
provisions of the stand establishment program. The contracts shall
include, but are not limited to, the following matters:
(a) Providing up to full financing to the landowner for stand
establishment from such moneys as may be available in the Forest Resource
Trust Fund.
(b) Setting forth the obligations of the landowner for repayment of
moneys advanced for the establishment of the stand including, but not
limited to, the following provisions:
(A) Terms for sharing the revenue gained from the sales of timber
and forest products, including salvage, from the tree stands established
under the program;
(B) Release from the financial obligation for any portion of the
stand established under the program and irretrievably lost to insects,
disease, fire, storm, flood or other natural destruction through no fault
of the landowner;
(C) Assurance that the rights and obligations of the landowner and
the Forest Resource Trust and all of the terms of the contract are
covenants that run with the land upon sale, lease or transfer of the land
benefiting from the program prior to the repayment of moneys advanced;
(D) Financial terms allowing the landowner to terminate the
contract prior to harvesting timber from the stand established under the
program;
(E) Agreement that there is no obligation to repay the moneys
advanced prior to sale of timber and forest products from the land in the
program;
(F) Terms to protect the contract from modification unless agreed
to by both parties;
(G) Allowance for different prescriptions for stand establishment
consistent with the established rate of return; and
(H) Provisions for access to the land by the State Forester.
(2) In addition to the contracts provided for in subsection (1) of
this section, the State Forester, on behalf of the Forest Resource Trust,
may require landowners to execute security agreements in favor of the
Forest Resource Trust to secure any repayment or other obligations of the
landowner under the stand management program. Any such security interest
shall have priority from the date of recording or filing.
(3)(a) The State Forester shall record a contract described in
subsection (1) of this section or a memorandum of contract with the
recording officer of the county or counties in which the forestland is
located.
(b) Upon recording, the rights and obligations of the landowner and
the Forest Resource Trust under the contract are covenants that run with
the land and are binding upon successors and assigns.
(c) The interest of the Forest Resource Trust created by recording
the contract or the memorandum of contract constitutes a purchaser’s
interest in real property for purposes of ORS 93.640.
(d) If a memorandum of contract is to be recorded, the memorandum
of contract must include the following information:
(A) The date of execution of the contract;
(B) The name of each landowner of the forestland identified in the
contract;
(C) A legal description that conforms with ORS 93.600 of the
forestland subject to the contract; and
(D) An acknowledgment that the contract is secured by a lien as
provided in ORS 526.735 to 526.775.
(4) For purposes of this section, “eligible landowner” means a
landowner who:
(a) Owns land that qualifies as underproducing nonindustrial
private forestland as defined by the State Forester.
(b) Has not used ORS 527.760 to avoid reforestation.
(c) Has not begun conversion of acreage prior to entering into a
contract with the State Forester. [1993 c.765 §60; 2001 c.51 §1] The Forest Resource Trust Fund
is created in the State Treasury, separate and distinct from the General
Fund. The Forest Resource Trust Fund shall consist of all moneys received
from whatever source to carry out the duties, functions and powers of the
Forest Resource Trust. All earnings on moneys in the fund shall be
retained in the fund. All moneys in the fund are appropriated
continuously to the State Forestry Department to carry out the duties,
functions and powers of the Forest Resource Trust, including State
Forestry Department administrative expenses. [1993 c.765 §61](1) The
State Board of Forestry or the State Forester may enter into agreements
with private, governmental or other organizations and may accept
contributions, gifts or grants from any source to carry out the duties,
functions and powers of the Forest Resource Trust. All moneys received by
the board or the State Forester pursuant to this section shall be
deposited in the Forest Resource Trust Fund.
(2) The board may acquire, on behalf of the Forest Resource Trust,
through exchange, lease or purchase, land only to the extent necessary to
carry out the duties, functions and powers of the trust.
(3) Agreements with private, governmental or other organizations
under subsection (1) of this section may specify the terms under which
funds are invested and benefits accrue to the contributing party to the
extent the agreement is consistent with the provisions of ORS 526.700 to
526.775.
(4) The State Forester may, on behalf of the Forest Resource Trust,
market, register, transfer or sell forestry carbon offsets attributable
to the lands enrolled in the stand establishment program under ORS
526.715. Prices for the transfer or sale of forestry carbon offsets may
be negotiated but must be at or greater than fair market value.
(5) Nothing in ORS 526.700 to 526.775 is intended to create an
enforceable trust on any agency or officer of the State of Oregon. [1993
c.765 §62; 2001 c.752 §7] The State Board
of Forestry, after consultation with the advisory committee appointed
pursuant to ORS 526.700, shall prepare and submit a biennial report to
the Legislative Assembly with regard to program accomplishments, the
future structure of the Forest Resource Trust, alternatives to delivery
of trust services by the State Forestry Department and changes to
qualifications for landowner participation in the program. The board
shall also enter into an agreement with an independent party to evaluate
program goals, administration, problems and outcomes. The evaluation
shall be made a part of any biennial report to the Legislative Assembly
and shall be used by the board in consultation with the advisory
committee in modifying terms and policies of the Forest Resource Trust.
[1993 c.765 §63] As used in ORS
526.735 to 526.775, unless the context otherwise requires:
(1) “Contract” means the contract signed by the forestland owner
and the State Forester, acting on behalf of the Forest Resource Trust
pursuant to ORS 526.715.
(2) “Forestland owner” means the individual, corporation, limited
liability company, partnership, association, joint stock company,
trustee, business trust or unincorporated organization holding fee simple
ownership of land capable of producing forest products.
(3) “Forest products” includes, but is not limited to, trees, logs,
poles, lumber, chips or pulp that flow from investment of the Forest
Resource Trust. [1995 c.207 §2; 2001 c.51 §2](1) From
and after recording of the notice of lien pursuant to ORS 526.745, the
Forest Resource Trust has a lien for the moneys payable to the trust by
the forestland owner under the terms of the contract.
(2) The lien created by subsection (1) of this section constitutes
a general lien upon all forest products grown or growing on the
forestland described in the contract, whether standing on the forestland,
severed and remaining on the forestland, severed and transported to
another area for sale or processing, or made into forest products on the
forestland. If the forest product is severed and delivered to a purchaser
or mill, the lien continues against the forest product and the lien also
attaches to accounts receivable evidencing indebtedness of the purchaser
or mill. The lien attaches to the accounts receivable on the date on
which the forestland owner sells the forest products and relates to the
date on which notice of lien was filed under ORS 526.745. [1995 c.207 §3;
2001 c.51 §3] (1) The State Forester may file a
notice of lien under ORS 526.740 anytime after the contract is executed.
(2) The State Forester shall file the notice of lien with the
recording officer of the county or counties where the forestland is
located. The notice shall be in writing verified by the State Forester
and shall contain:
(a) The name of each owner of the forestland identified in the
contract;
(b) A legal description of the forestland identified in the
contract in conformance with ORS 93.600;
(c) A description of the forest products to be covered by the lien;
(d) A statement that the lien includes a lien on accounts
receivable from the sale of any forest products covered by the lien and
that the lien on forest products and accounts receivable shall have
priority as of the date of filing of the notice of lien under this
section; and
(e) A statement of the amount of funds to be paid under the
contract.
(3) Within 10 days after the State Forester files the notice of
lien under this section, the State Forester shall send a copy of the
notice to each of the following persons whose interest in the forestland
referred to in subsection (2)(a) of this section is of record as of the
date the State Forester files the notice of lien with the county
recording officer:
(a) Each seller on a land sale contract covering all or any part of
the forestland referred to in subsection (2)(a) of this section;
(b) Each mortgagee upon a mortgage covering all or part of the
forestland referred to in subsection (2)(a) of this section; and
(c) Each beneficiary of a trust deed covering all or part of the
forestland referred to in subsection (2)(a) of this section. [1995 c.207
§4] The recording officer of the
county shall record the notices made under ORS 526.745. The record shall
be indexed in the same manner as the record of deeds and mortgages. The
recording officer shall charge and collect from the Forest Resource
Trust, for the benefit of the county, the fee established in ORS 205.320.
[1995 c.207 §5] (1) The lien created by and filed under
ORS 526.740 and 526.745 shall be foreclosed in the manner provided by law
for the foreclosure of liens generally.
(2) In all suits under ORS 526.735 to 526.775, the court, upon
entering judgment for the plaintiff, shall allow as a part of the costs
all moneys paid for the filing and recording of the lien, all moneys paid
for sending notices of the lien to third parties pursuant to ORS 526.745
(3), all moneys paid for title reports and policies required for
preparing and foreclosing the lien, and a reasonable amount for attorney
fees at trial and on appeal to the party who prevails on the issue of the
validity of the lien. [1995 c.207 §6] (1)
The lien on forest products and accounts receivable created by ORS
526.740 is valid and shall have priority over all other liens, security
interests and encumbrances on the forest products and accounts receivable
covered by the lien even though it does not create a lien on the land on
which the forest products are growing, except that ad valorem taxes and
duly perfected liens, security interests and encumbrances which were
perfected prior to the filing of the notice of lien under ORS 526.745
shall have priority over a lien created under ORS 526.740.
(2) Notwithstanding subsection (1) of this section, the lien upon
forest products and accounts receivable created by ORS 526.740 shall
survive the foreclosure of any land sale contract, mortgage, trust deed
or other lien or encumbrance upon or security interest in the forest
products or the forestland described in the notice of lien filed under
ORS 526.745, and shall remain in full force and effect until released,
fully satisfied or foreclosed. [1995 c.207 §7] (1) When the
State Forester receives full payment of funds described in the notice of
lien filed under ORS 526.745, or if the lien is released, the State
Forester shall file with the recording officer of the county in which the
claim is recorded a certificate declaring that full payment has been
received, or that the lien has been released, and that the claim of lien
is discharged. The certificate shall include the name of the forestland
owner, the date of filing of the notice of lien under ORS 526.745 and a
legal description of the land affected in conformance with ORS 93.600.
(2) Upon receiving the certificate, the recording officer shall
enter it in full length in the book kept to record such liens. [1995
c.207 §8](1) No harvest or removal of forest products on
forestland covered by a contract between the forest landowner and the
Forest Resource Trust shall occur without the landowner or the timber
owner first notifying the State Forester in writing, on forms prepared by
the State Forester, of intent to harvest or remove forest products.
Notice shall be made in the same manner as notice provided under ORS
527.670 (6).
(2) The notification shall specify where and when the harvest or
removal of forest products will take place, the nature of the harvest or
removal of forest products and where and to whom the forest products will
be sold or delivered and shall include maps or other information as
required by the State Forester. Upon receipt of notification pursuant to
subsection (1) of this section, the State Forester shall notify the
landowner, and any person to whom the forest products will be sold or
delivered, of the repayment obligation specified in any contract between
the forest landowner and the State Forester. The landowner shall make
payment to the State Forester. Such payment shall be deposited in the
Forest Resource Trust Fund. If payment is not made within 60 days of
harvest or removal of forest products, the lien shall be delinquent and
may be foreclosed in the manner described in ORS 526.755. [1995 c.207 §9]Notwithstanding ORS 526.735 to
526.775, if the forest landowner and the State Forester entered into a
contract as provided in ORS 526.715 and the contract is terminated or
breached, and there are no forest products or accounts receivable subject
to the lien created under ORS 526.740, any judgment entered against the
landowner for breach or termination of the contract may be executed on
any property of the landowner. [1995 c.207 §10]FORESTRY CARBON OFFSETS(1) The State Forester may enter into
agreements with nonfederal forest landowners as a means to market,
register, transfer or sell forestry carbon offsets on behalf of the
landowners to provide a stewardship incentive for nonfederal forestlands.
(2) The State Forester may enter into an agreement described in
this section if all of the following criteria are met:
(a) The agreement must ensure continuous management of the
nonfederal forestlands at a standard that, in the judgment of the State
Forester, would not occur in the absence of the agreement.
(b) Any forestry carbon offsets managed by the agreement must be
attributable to the subject nonfederal forestland as determined by the
forestry carbon offset accounting system established in ORS 526.783.
(c) Prices for the transfer or sale of forestry carbon offsets may
be negotiated on behalf of the nonfederal forest landowner and must be at
or greater than fair market value.
(d) The agreement must provide for the following distribution of
proceeds from the transfer or sale of forest carbon offsets attributable
to the subject nonfederal forestland:
(A) Not less than 50 percent to the nonfederal forest landowner;
(B) Not more than 25 percent to the State Forester to fund programs
providing coordinated technical, financial or management planning
assistance to nonindustrial private forest landowners; and
(C) Not more than 25 percent to the State Forester to fund
administration of the forestry carbon offset program.
(3) All revenues received and any interest earned on moneys
distributed to the State Forester under subsection (1)(d)(B) and (C) of
this section shall be credited to the State Forestry Department Account
and may be expended only for the purposes stated in subsection (1)(d)(B)
and (C) of this section.
(4) A person or governmental agency may create a forestry carbon
offset by performing, financing or otherwise causing one or more of the
following activities:
(a) Afforestation or reforestation of underproducing lands that are
not subject to required reforestation under the Oregon Forest Practices
Act;
(b) Forest management activities not required under law existing at
the point of creation of the forestry carbon offset, including but not
limited to the following practices:
(A) Stand density control treatments in overstocked, underproducing
stands of timber;
(B) Silvicultural practices that increase forest stand biomass,
including but not limited to structure based management, variable
retention, uneven age management, longer rotation ages and no harvest
reserves;
(C) Expanded riparian buffers and other leave areas; and
(D) Deferred harvest rotations past 50 years or the age of economic
maturity, whichever is longer; and
(c) Other activities as defined by rule by the State Board of
Forestry. [2001 c.752 §2] As
a means of consistently reporting forestry carbon offsets created through
programs established under ORS 526.725, 526.780 to 526.789, 530.050 or
530.500, the State Forester shall develop a forestry carbon offset
accounting system for the registration, transfer or sale of forestry
carbon offsets. The forestry carbon offset accounting system shall:
(1) Use accepted principles and standards relating to the creation,
measurement, accounting, marketing, verifying, registering, transferring
and selling of carbon offsets used as mitigation for carbon dioxide
emissions; and
(2) Be consistent with any rules adopted by the State Board of
Forestry under ORS 526.786. [2001 c.752 §3](1) The State Board of Forestry may develop administrative
rules that define principles and standards relating to the creation,
measurement, accounting, marketing, verifying, registering, transferring
and selling of forestry carbon offsets from nonfederal forestlands.
(2) Rules adopted by the board under this section shall set
standards to ensure that in order to be marketed, registered, transferred
or sold, a forestry carbon offset must be created as a result of forest
management activities that:
(a) Have the effect of increasing carbon storage on forestlands as
measured by a forestry carbon offset accounting system;
(b) Would not otherwise occur but for the carbon storage objective;
and
(c) Provide environmental, social and economic benefits for Oregon
and its citizens, including but not limited to, protection or enhancement
of long term timber supplies, native fish and wildlife habitat and water
quality.
(3) Rules adopted by the board under this section shall establish
principles to ensure that the forestry carbon offset accounting system
shall:
(a) Account for relevant sources of carbon dioxide emission debits
and credits for carbon storage or sequestration;
(b) Account for the duration and permanence of the carbon dioxide
storage or emission reductions;
(c) Include provisions for establishing the appropriate baseline
for projects, practices, rotation ages, harvest schedules and ownership
from which measured carbon dioxide emission debits, and credits for
carbon storage or sequestration are made;
(d) Account for other relevant and measurable greenhouse gas
consequences, specifically credits and debits expressed as a carbon
dioxide emissions equivalent, when establishing baselines or otherwise as
appropriate;
(e) Account for the specific forest management practices used
on-site and include provisions for monitoring carbon dioxide emission
debits and credits for carbon storage or sequestration, from the
implementation of specific practices;
(f) Account for continuing carbon dioxide emission debits, and
credits for carbon storage or sequestration, based on the end product use
of harvested biomass;
(g) Account for environmental, social and economic benefits of
forestry carbon offsets and ensure that practices with unsustainable,
long term consequences are not used to create forestry carbon offsets;
(h) Allow for public access to information in monitoring reports;
and
(i) Encourage third-party verification of forestry carbon offsets.
(4) Rules adopted by the board under this section may address
qualifications for persons and agencies that provide third-party
verification and registration of forestry carbon offsets.
(5) Rules adopted by the board under this section shall be
developed with the assistance of an advisory committee appointed by the
board. The advisory committee shall consist of at least nine persons and
shall contain:
(a) Persons from businesses, governmental agencies and
nongovernmental organizations with knowledge and experience in the
accounting of greenhouse gas emissions, sequestration and storage;
(b) At least one person from a nongovernmental forestry
conservation organization;
(c) At least one nonindustrial private forest landowner or a
representative of an organization that represents nonindustrial private
forest landowners;
(d) One representative of the State Department of Energy;
(e) One representative of the State Department of Fish and
Wildlife, or a designee of the State Department of Fish and Wildlife;
(f) One representative of the Department of Environmental Quality,
or a designee of the Department of Environmental Quality;
(g) At least one representative from a qualified organization, as
defined in ORS 469.503; and
(h) At least one representative from the State Forestry Department
who shall serve as the secretary to the advisory committee. [2001 c.752
§4] Nothing in
ORS 526.005, 526.725, 526.780 to 526.789, 530.050 or 530.500 shall
prohibit any person or governmental agency from marketing, selling or
transferring forestry carbon offsets independently from the State
Forester program established under ORS 526.725, 526.780 to 526.789,
530.050 or 530.500. Rules adopted by the State Board of Forestry pursuant
to ORS 526.786 may not prohibit any person from marketing, selling or
transferring forestry carbon offsets using principles and standards
different than those adopted by the board. [2001 c.752 §5]TIMBER EXPORT REGULATION As used
in ORS 526.801 to 526.831 and 526.992:
(1) “Export” means that unprocessed timber is loaded on a vessel or
other conveyance with a foreign destination or is present at a facility
such as a port or dock with intent to load it on a vessel or other
conveyance with a foreign destination.
(2) “Person” means an individual, a partnership, a public or
private corporation, an unincorporated association or any other legal
entity. “Person” includes any subsidiary subcontractor, parent company or
other affiliate. Business entities are considered affiliates when one
controls or has the power to control the other or when both are
controlled directly or indirectly by a third person.
(3) “Private lands” means lands within the State of Oregon owned by
a person. “Private lands” does not include federal lands or nonfederal
public lands, or any lands the title to which is:
(a) Held in trust by the United States for the benefit of any
Indian tribe or individual.
(b) Held by any Indian tribe or individual subject to a restriction
by the United States against alienation.
(4) “Public body” means an agency of the State of Oregon or of any
other political subdivision.
(5) “Public lands” means lands owned by the State of Oregon or by
any other political subdivision.
(6) “Unprocessed timber” means trees or portions of trees or other
roundwood not processed to standards and specifications suitable for end
product use. “Unprocessed timber” does not include timber processed into
any one of the following:
(a) Lumber or construction timbers, meeting current American Lumber
Standards Grades or Pacific Lumber Inspection Bureau Export R or N list
grades, sawn on four sides, not intended for remanufacture.
(b) Lumber, construction timbers, or cants for remanufacture,
meeting current American Lumber Standards Grades or Pacific Lumber
Inspection Bureau Export R or N list clear grades, sawn on four sides,
not to exceed 12 inches (nominal) in thickness.
(c) Lumber, construction timbers or cants for remanufacture, that
do not meet the grades referred to in paragraph (b) of this subsection
and are sawn on four sides, with wane less than one-fourth of any face,
not exceeding eight and three-fourths inches in thickness.
(d) Chips, pulp or pulp products.
(e) Veneer or plywood.
(f) Poles, posts or piling cut or treated with preservatives for
use as such.
(g) Shakes or shingles.
(h) Aspen or other pulpwood bolts, not exceeding 100 inches in
length, exported for processing into pulp.
(i) Pulp logs or cull logs processed at domestic pulp mills,
domestic chip plants or other domestic operations for the purpose of
conversion of the logs into chips.
(j) Firewood cut in pieces 48 inches or less in length. [1991 c.942
§2](1) It is unlawful
to export unprocessed timber originating from public lands in Oregon.
(2) All unprocessed timber that originates from public lands is
prohibited from export.
(3) In addition to all other requirements of law, no person who is
prohibited from purchasing timber directly from a public agency may
purchase public timber from any other person. Acquisitions of Western Red
Cedar that are domestically processed into finished products to be sold
into domestic or international markets are exempt from the prohibitions
contained in this subsection. [1991 c.942 §§3,5,6] The prohibitions against
export contained in ORS 526.801 to 526.831 and 526.992 shall not apply to
specific quantities of grades and species of unprocessed timber
originating from public lands which the United States Secretary of
Agriculture or Secretary of the Interior has determined by rule to be
surplus to the needs of timber manufacturing facilities in the United
States. [1991 c.942 §7] In addition to
all other requirements of law, any person submitting a bid for the
purchase of public timber must certify to the following:
(1) The person will not export directly or indirectly unprocessed
public timber;
(2) The person will not sell, transfer, exchange or otherwise
convey unprocessed public timber to any other person without obtaining a
certification from the person of the person’s intent to comply with ORS
526.801 to 526.831 and 526.992; and
(3) Unless exempted by rule of a public agency, the person has not
exported unprocessed timber from private lands in Oregon for a period of
not less than 24 months prior to the date of submission of the bid. [1991
c.942 §4] All political
subdivisions engaged in selling public timber shall establish, by rule,
the standards and procedures to implement the provisions of ORS 526.801
to 526.831 and 526.992. [1991 c.942 §8]A public agency may debar any person who violates any
provision of ORS 526.801 to 526.831 and 526.992, or any rule adopted
pursuant thereto, from entering into any contract for the purchase of
unprocessed timber from public lands for a period of not more than five
years. Such person shall also be precluded from taking delivery of public
timber purchased by another party for the period of debarment. [1991
c.942 §10] A public
agency may cancel any contract entered into with a person found to have
violated any provision of ORS 526.801 to 526.831 and 526.992, or any rule
adopted pursuant thereto. [1991 c.942 §11]MISCELLANEOUS(1) The State Forestry
Department and the State Department of Agriculture shall, in consultation
with relevant state agencies and other public or private organizations,
review state statutes, rules, policies and programs that affect landowner
decisions to implement conservation strategies.
(2) The review conducted under subsection (1) of this section shall
include:
(a) Establishing a statewide strategy for the implementation and
coordination of incentives, regulatory disincentives, expedited permit
processes and related taxes.
(b) The development of a stewardship agreement program for rural
lands that establishes a baseline management standard for landowners and
a voluntary higher standard that provides natural resource benefits and
regulatory certainty for landowners. [2001 c.708 §17]Note: 526.900 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 526 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) Pursuant to its authority to improve the efficient
and effective use of state resources, the Oregon Department of
Administrative Services shall coordinate with the State Department of
Fish and Wildlife, the State Parks and Recreation Department, the State
Forestry Department, the Department of State Lands and any other state
agency that has oversight responsibilities for state forestlands to adopt
forest management plans or policies that:
(a) Establish forest health programs and management strategies
designed to reduce the risk of catastrophic loss of forest resources from
disease and insect infestation.
(b) Establish goals and strategies for managing forest fuel
accumulation in order to reduce the risk of catastrophic fires in areas
historically subject to frequent, periodic fires.
(2) To the extent that a state agency with oversight
responsibilities for state forestlands has, as of January 1, 2004,
policies, approved forest management plans or other strategies designed
to address forest health and forest fuels management, those policies,
plans and strategies may be incorporated into the plans and policies
developed by the Oregon Department of Administrative Services.
(3) The Oregon Department of Administrative Services may develop
forest fuel reduction and forest health restoration projects that may be
implemented by state agencies. Such projects may include procedures for:
(a) Identifying forests that are at high risk of loss due to fuel
accumulation, disease or insect infestation.
(b) Cooperating with local governments to identify locations where
the urban-forest interface poses the greatest risk of contributing to
damage or loss during a fire.
(c) Establishing priority areas for the projects due to natural,
economic or scenic values. [2003 c.424 §1]Note: 526.905 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 526 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.PENALTIES Violation of any rule promulgated under
ORS 526.041 (1) is, upon conviction, punishable as a misdemeanor. [1969
c.249 §4]
(1) A person who, with willful disregard for the prohibitions contained
in ORS 526.801 to 526.831 against exporting public timber, exported or
caused to be exported unprocessed timber originating from public lands in
violation of this chapter is guilty of a Class C felony and may be
assessed a civil penalty not to exceed $500,000 for each violation or
three times the gross value of the unprocessed timber involved in the
violation, whichever amount is greater.
(2) If the agency concerned finds, on the record and after an
opportunity for a hearing, that a person has violated any provision of
ORS 526.801 to 526.831 or any rule issued pursuant thereto relating to
lands which the agency administers (notwithstanding that such violation
may not have caused the export of unprocessed public timber in violation
of this chapter), such agency may:
(a) Assess against such person a civil penalty not more than
$75,000 for each violation if it is determined that the violation was
casual or involuntary.
(b) Assess against such person a civil penalty not more than
$500,000 or three times the gross value of the unprocessed timber
involved in the violation, whichever amount is greater, if it is
determined that the person committed such violation willfully. Any person
who willfully commits such a violation is guilty of a Class C felony.
(3) Any civil penalty imposed under this section shall become due
and payable when the person incurring the penalty receives a notice in
writing of the imposition of the penalty. The notice may be personally
served on the person incurring the penalty or may be sent by registered
or certified mail.
(4) The person incurring the penalty shall have 20 days from the
date of receiving the notice to make written application for a hearing.
(5) Any person who makes application as provided for in subsection
(4) of this section shall be entitled to a hearing. The hearing shall be
conducted as a contested case hearing pursuant to the applicable
provisions of ORS 183.413 to 183.470.
(6) Judicial review of an order made after a hearing under this
section shall be as provided in ORS 183.480 to 183.497 for judicial
review of contested cases.
(7) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of penalty
is not paid within 10 days after the order becomes final, the order may
be recorded with the county clerk in any county of this state. The clerk
shall thereupon record the name of the person incurring the penalty and
the amount of the penalty in the County Clerk Lien Record.
(8) All moneys recovered pursuant to this section shall be paid
into the State Forestry Department Account and may be used only to pay
the expenses of administration, investigation and enforcement of ORS
526.801 to 526.831 by the State Forester or any law enforcement agency.
[1991 c.942 §9; 1999 c.59 §165]
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