USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 530 State Forests; Community Forests
(1) The State Board of
Forestry, referred to in this chapter as the board, in the name of the
State of Oregon, may acquire, by purchase, donation, devise or exchange
from any public, quasi-public or private owner, lands which by reason of
their location, topographical, geological or physical characteristics are
chiefly valuable for the production of forest crops, watershed protection
and development, erosion control, grazing, recreation or forest
administrative purposes.

(2) The board shall not acquire any land without prior approval,
duly made and entered, of the county court or board of county
commissioners of the county in which the lands are situated.

(3) Lands acquired under the provisions of this section shall be
designated as state forests. [Amended by 1953 c.43 §2; 1967 c.396 §1]Title to all lands acquired by the State Board of Forestry under ORS
530.010 shall be free and clear of all encumbrances except easements of
rights of way and reservations or exceptions of gas, oil, coal, mineral
and timber rights. All titles shall be approved by the Attorney General
before conveyance is accepted. However, the Attorney General may approve
title to lands proposed to be acquired from counties under the provisions
of ORS 530.030 or proposed to be acquired by donation or devise when, in
the opinion of the Attorney General, existing defects of title are of
formal nature and may be cured by suit to quiet title. In case of
acquisition of lands with defective title, the Attorney General may
institute suit to quiet title to such lands, and all costs in connection
therewith shall be a proper charge against the funds of the board. All
deeds, abstracts, title insurance policies, and other evidences of title
to lands acquired under ORS 530.010 to 530.040 shall be deposited with
the Secretary of State. All deeds shall promptly be recorded in the
county in which the lands are situated. [Amended by 1955 c.421 §1](1) The county
court or board of county commissioners of any county may convey to the
state for state forests any lands heretofore or hereafter acquired by
such county through foreclosure of tax liens, or otherwise, which are
within the classification of lands authorized to be acquired under ORS
530.010, if the board deems such lands necessary or desirable for
acquisition, in consideration of the payment to such county of the
percentage of revenue derived from such lands as provided in ORS 530.110.
In connection with any such conveyance the board shall have authority to
make equitable adjustments with any county of accrued delinquent fire
patrol liens on lands heretofore or hereafter acquired by such county by
foreclosure of tax liens.

(2) As to such lands acquired by the board with title to the timber
remaining in the county for a designated period of time, the State
Forester may enter into contracts with the county to supervise the
removal and sale of such timber and under such contracts the gross
proceeds of the sale thereof shall be disposed of as follows:

(a) Ten percent of such gross proceeds shall be paid into the State
Treasury and credited to the State Forestry Department Account and shall
be used exclusively for the purposes and under the limitations set out in
ORS 530.110 (1)(a).

(b) A percentage of such gross proceeds shall be accepted by the
State Forester, pursuant to written contract with the county authority,
as compensation for the supervision and management of county-owned
timber; the moneys so derived shall be paid into the State Treasury and
credited to the State Forestry Department Account and shall be used
exclusively for the supervision and management of state forests acquired
pursuant to ORS 530.010. [Amended by 1953 c.65 §5; 1957 c.83 §13; 1965
c.423 §1](1) It is desirable that
lands acquired under the provisions of ORS 530.010 shall be consolidated
in areas wherever possible through exchanges of land. It is recognized
that the management of state forests will be more economically feasible
through such consolidation.

(2) In order to accomplish the objectives of subsection (1) of this
section, the board may exchange any land acquired under the provisions of
ORS 530.010, or may exchange the timber on such land, for land of
approximately equal aggregate value, situated in the same county, when
such exchange is in furtherance of the purposes of ORS 530.010; provided,
however, the board may exchange land or timber situated in one county or
counties for land situated in another county or counties if such exchange
is first approved by the county court or board of county commissioners of
each county involved; and provided further, that either party to any such
exchange may make reservations of easements, rights of use and other
interests and rights. Under the authority granted in this section the
board may provide or receive, in addition to land to be exchanged, a
monetary consideration where necessary to make the values comply with
this subsection.

(3) Before making any such exchange the board shall hold a hearing
thereon at the courthouse of the county in which such lands are situated
and shall give notice of the time and place thereof by publication in two
successive issues of a newspaper of general circulation published in such
county. The notice shall contain a description of the lands to be given
and to be received in the proposed exchange. However, no such exchange
shall be made until the title to the lands to be received has been
approved by the Attorney General.

(4) All lands received in exchange shall have the same status and
be subject to the same provisions of law as the lands given in exchange
therefor. [Amended by 1955 c.421 §2; 1959 c.103 §1; 1967 c.396 §2]
Under the authority and direction of the State Board of Forestry except
as otherwise provided for the sale of forest products, the State Forester
shall manage the lands acquired pursuant to ORS 530.010 to 530.040 so as
to secure the greatest permanent value of those lands to the state, and
to that end may:

(1) Protect the lands from fire, disease and insect pests,
cooperate with the counties and with persons owning lands within the
state in the protection of the lands and enter into all agreements
necessary or convenient for the protection of the lands.

(2) Sell forest products from the lands, and execute mining leases
and contracts as provided for in ORS 273.551.

(3) Enter into and administer contracts for the sale of timber from
lands owned or managed by the State Board of Forestry and the State
Forestry Department.

(4) Permit the use of the lands for other purposes, including but
not limited to forage and browse for domestic livestock, fish and
wildlife environment, landscape effect, protection against floods and
erosion, recreation, and protection of water supplies when, in the
opinion of the board, the use is not detrimental to the best interest of
the state.

(5) Grant easements, permits and licenses over, through and across
the lands. The State Forester may require and collect reasonable fees or
charges relating to the location and establishment of easements, permits
and licenses granted by the state over the lands. The fees and charges
collected shall be used exclusively for the expenses of locating and
establishing the easements, permits and licenses under this subsection
and shall be placed in the State Forestry Department Account.

(6) Require and collect fees or charges for the use of state forest
roads. The fees or charges collected shall be used exclusively for
purposes of maintenance and improvements of the roads and shall be placed
in the State Forestry Department Account.

(7) Reforest the lands and cooperate with the counties, and with
persons owning timberlands within the state, in the reforestation, and
make all agreements necessary or convenient for the reforestation.

(8) Require such undertakings as in the opinion of the board are
necessary or convenient to secure performance of any contract entered
into under the terms of this section or ORS 273.551.

(9) Sell rock, sand, gravel, pumice and other such materials from
the lands. The sale may be negotiated without bidding, provided the
appraised value of the materials does not exceed $2,500.

(10) Enter into agreements, each for not more than 10 years
duration, for the production of minor forest products.

(11) Establish a forestry carbon offset program to market,
register, transfer or sell forestry carbon offsets. In establishing the
program, the forester may:

(a) Execute any contracts or agreements necessary to create
opportunities for the creation of forestry carbon offsets; and

(b) Negotiate prices that are at, or greater than, fair market
value for the transfer or sale of forestry carbon offsets.

(12) Do all things and make all rules, not inconsistent with law,
necessary or convenient for the management, protection, utilization and
conservation of the lands. [Amended by 1953 c.65 §5; 1955 c.421 §3; 1957
c.228 §1; 1959 c.141 §1; 1963 c.475 §1; 1965 c.128 §1; 1967 c.396 §3;
1983 c.759 §9; 2001 c.752 §8; 2005 c.103 §37] Except as limited in this section
but subject to separate sale of forest products under ORS 530.059, lands
acquired under ORS 530.010 to 530.040 may be leased by the State Forester
to any person when approved by the State Board of Forestry and for
purposes deemed by the board to be more in the public interest than the
purposes for which the land was acquired. [1965 c.128 §3](1) Before offering any forest products for sale
under authority of ORS 530.050 or 530.500, the State Forester shall cause
the forest products to be appraised. Should the appraised value of the
forest products be in excess of $25,000, the State Forester shall not
sell the same to a private person, firm or corporation, except after
giving notice of the sale as required by this section, and affording an
opportunity for competitive bidding either by public auction or through
sealed bids, or a combination of both; provided, however, that such
notice and opportunity for competitive bidding will not be required for
sales in connection with:

(a) Experimental or research projects in the field of forestland
management or forest product utilization.

(b) The removal, injury or destruction of forest products
necessitated by any grant of easement or right of way, or necessitated by
a permit or license to use a right of way, including trees which may
endanger the use of such easement or way.

(c) The removal of forest products with an appraised value of less
than $100,000 that, as a result of an act of nature or other unforeseen
circumstance:

(A) Pose a threat to the health of the forests, waterways or forest
road infrastructures; or

(B) Will lose value as a result of potential theft.

(d) The removal of forest products with an appraised value of less
than $100,000 to facilitate the development, placement or maintenance of
forest road infrastructures.

(2) The State Forester shall give the notice required by subsection
(1) of this section by mail to all persons requesting such notice and in
such other media of communication as the State Forester may deem
advisable. The State Forester shall maintain a mailing list with the
names and addresses of persons who have requested to receive State
Forestry Department notices of timber sales. The notice shall describe
the forest products to be sold and the land on which such products are
situated, state the minimum price at which the same may be sold, and
contain a brief statement of the terms of the sale. As a provision of
each sale, the State Forester shall reserve the right to accept or reject
any or all bids.

(3) Prior to or at the time the State Forester receives bids, each
bidder shall furnish the State Forester with a certified check, cashier’s
check, money order, surety bond, cash deposit, assignment of surety,
irrevocable letters of credit or other securities as determined
acceptable by the State Forester in an amount designated by the State
Forester but said amount shall not exceed 10 percent of the minimum price
of the forest products to be sold, which check, order or deposit, in the
case of the successful bidder, shall be retained by the State Forester as
a credit toward payment of the purchase price of the forest products
sold, and which, in the case of the unsuccessful bidders, shall be
returned to them after determination of the successful bid. Any checks,
bonds or orders furnished under this subsection shall be made payable to
the State of Oregon.

(4) The State Forester is authorized to require and accept a surety
bond, cash deposit, assignment of surety, irrevocable letters of credit
or other securities as determined acceptable by the State Forester.
Claims against such bond shall be made to the State Forester for
determination. If the claim is disputed, the forester may request
settlement of the claim through compromise or mediation or require the
claim to be litigated.

(5) If the provisions of this section have been complied with, and
no satisfactory bid has been received, or the bidder fails to complete
the purchase, the State Forester may, at any time, during a period of six
months after the advertised date of sale, sell the forest products in
such manner as the forester deems appropriate, but the sale price shall
not be less than the minimum terms offered in the notice of sale or the
highest bid received, whichever is the larger amount. [1959 c.141 §4;
1963 c.475 §2; 1967 c.396 §4; 1975 c.185 §7; 1983 c.759 §10; 1987 c.324
§1; 1995 c.375 §3; 1997 c.285 §1] (1) During the period of a
timber sale contract made under ORS 530.059, either party may propose to
change or modify the terms of the contract if unforeseen circumstances
develop. As used in this subsection, “unforeseen circumstances” means
acts of nature or other unforeseen circumstances or conditions that:

(a) Affect the nature or scope of the work to be performed or
volume to be harvested under the terms of the sale contract made by the
State Forester; or

(b) Require additional work or harvest in an area adjacent to a
timber sale made by the State Forester.

(2) The State Forester is hereby authorized to change or modify the
terms or conditions of the contract in the event of unforeseen
circumstances requiring such change or modification under subsection (1)
of this section only when:

(a) Such change or modification is in the best interest of the
State of Oregon; and

(b) The purchaser of the timber sale agrees that the proposed
change or modification will maintain an equitable contractual
relationship between the parties. [1965 c.128 §2; 1983 c.759 §11; 1997
c.285 §2](1) Notwithstanding
ORS chapter 275 or any other law, deeds of conveyance or other
instruments transferring county forests, public parks or recreational
areas, from a county to the State of Oregon, either acting by and through
or for the use and benefit of the State Board of Forestry, are validated
and shall be conclusive evidence of the transfer of such lands from the
county to the state.

(2) The State Board of Forestry shall use, manage and develop such
lands for the purposes designated in ORS 275.320 if such lands are
suitable for such purposes; otherwise, the lands shall be used for the
purposes stated in ORS 530.010 and any revenue derived from the sale of
forest products from such lands shall be disposed of in accordance with
the provisions of ORS 530.110 (2). In other instances where the county
received title to the land from a grantor with the provision that the
land be used for particular purposes, this section shall not be construed
to obviate such purposes. [1963 c.475 §3](1) All revenues derived from lands acquired without
cost to the state, or acquired from counties pursuant to ORS 530.030,
shall be paid into the State Treasury and credited to the State Forestry
Department Account and shall be used exclusively for the purposes stated
in subsection (3) of this section, and in accordance with the following
distribution:

(a) Fifteen percent shall be credited to the State Forests
Protection Subaccount of the State Forestry Department Account until the
amount in such subaccount shall reach $475,000. Thereafter, the revenues
shall be disposed of as stated in paragraphs (b) and (c) of this
subsection, unless needed to maintain the $475,000 level. All moneys in
the State Forests Protection Subaccount are appropriated continuously to
the State Forester who may use such money under the following priorities:

(A) First, in addition to or in lieu of other moneys available, to
pay the cost of protection, as determined under ORS 477.270, for lands
acquired under ORS 530.010 to 530.040.

(B) Second, to provide moneys needed for activities authorized by
subsection (3) of this section.

(C) From remaining moneys, to pay costs incurred in the suppression
of fire originating on or spreading from an operation area, as defined in
ORS 477.001, on state-owned forestland acquired under ORS 530.010 to
530.040. The State Forester shall make payments with approval of the
State Board of Forestry for such fire suppression costs; except that no
payments shall be made for such costs or portion thereof when other
parties are responsible under law or contracts for the payment of such
costs.

(b) Seventy-five percent of all such revenues remaining after the
percentage disposed of as stated in paragraph (a) of this subsection,
shall be disposed of as provided in ORS 530.115.

(c) Twenty-five percent of all such revenues remaining after the
percentage disposed of as stated in paragraph (a) of this subsection,
shall be used for the purposes set out in subsection (3) of this section.

(2) All revenues from lands other than lands designated in
subsection (1) of this section, acquired under ORS 530.010 to 530.040,
shall be paid into the State Treasury and credited to the State Forestry
Department Account and shall be used exclusively for the purposes stated
in subsection (3) of this section, and in accordance with the following
distribution:

(a) Until each legal subdivision of the lands has been credited
with an amount equal to the purchase price thereof, the revenues shall
reimburse the State Forestry Department Account. If sufficient revenue to
reimburse the State Forestry Department Account is not generated from the
purchased parcels within five years from the date of acquisition, the
State Forester, with the consent of the affected county, shall deduct all
or portions of the unreimbursed purchase costs from the revenue
distributed to that county in accordance with ORS 530.115 (1). Thereafter
paragraphs (b), (c) and (d) of this subsection apply.

(b) The percentage required under subsection (1)(a) of this section
shall be credited to the State Forests Protection Subaccount, thereafter,
the revenues shall be disposed of as stated in paragraphs (c) and (d) of
this subsection.

(c) Seventy-five percent of all such revenues remaining after
paragraphs (a) and (b) of this subsection have been complied with, shall
be disposed of as provided in ORS 530.115.

(d) Twenty-five percent of all such revenues remaining after the
percentage disposed of as stated in paragraphs (a) and (b) of this
subsection, shall be used for the purposes set out in subsection (3) of
this section.

(3) The moneys in the State Forestry Department Account derived
from those percentages of revenues set out in subsections (1)(c) and
(2)(d) of this section shall be used for the redemption of Oregon forest
development revenue bonds and payment of interest thereon, for the
acquisition, development and management of forestlands and for such other
purposes as are necessary in carrying out ORS 530.010 to 530.110.
[Amended by 1953 c.65 §5; 1957 c.83 §14; 1965 c.317 §6; 1965 c.423 §2;
1969 c.428 §1; 1991 c.459 §423; 1991 c.876 §1; 1997 c.249 §180](1) Except as set
forth in subsection (2) of this section, moneys described in ORS 530.110
(1)(b) and (2)(c) shall be credited to the county in which the lands are
situated and shall be paid quarterly to the county by a warrant drawn as
provided by law, pursuant to claim therefor, duly approved by the State
Board of Forestry. Payment shall be made on or before the last day of
each month following the end of the calendar quarters ending on March 31,
June 30, September 30 and December 31. Money received under this
subsection by the county shall be applied in the following order:

(a) The county general fund shall be reimbursed for all costs and
expenses incurred by the county in the maintenance and supervision of
such lands and in any suits by it to quiet its title to lands conveyed to
the state; provided that the proceeds so applied shall not be less than
10 percent of the total proceeds received.

(b) Twenty-five percent of the remainder of the money shall be
credited and paid into the county school fund created under ORS 328.005.

(c) The remainder of the money shall be by the county prorated and
apportioned to the various taxing districts in which the lands are
situated in the proportion that the rate of tax levy in each district as
shown by the tax levy filed with the assessor for the last year in
process of collection, bears to the total rate of tax levy of all such
taxing bodies for such year.

(2) After payment of the principal and interest of each bond issue
issued pursuant to ORS 530.210 to 530.280, 20 percent of the moneys
derived from forest products created through expenditures of moneys
available from such bond issue shall be credited to the General Fund
until the state is reimbursed for its costs under the bond issue in that
county. However, the governing body of the county in its discretion may
authorize a higher percentage of that county’s allocation for any year to
be so credited to the General Fund. [1969 c.428 §3; 1969 c.595 §16; 1973
c.436 §2; 1977 c.840 §17]The State Board of Forestry shall keep an accurate account, by
legal subdivisions, of all receipts from lands acquired under the
provisions of ORS 530.010 to 530.040 and shall credit to each legal
subdivision the revenues derived therefrom. The board shall render
annually to each county in which lands acquired under the provisions of
ORS 530.010 to 530.040 are situated, a statement, by legal subdivisions,
showing the revenues derived from each of such legal subdivisions. (1) In compliance
with the applicable provisions of ORS 286.031 to 286.051 and 286.061, the
State Board of Forestry may issue the revenue bonds described in ORS
530.140 in exchange for lands selected by it in accordance with ORS
530.010, or may sell such bonds in such manner as it deems advisable.
Should the bonds be sold by the board, the proceeds shall be paid into
the State Treasury and credited to the State Forestry Department Account
and shall be expended only by warrant of the Oregon Department of
Administrative Services in the payment of vouchers bearing the approval
of the board in the purchase of lands, as provided in ORS 530.010.

(2) Lands proposed to be taken in exchange for bonds shall first be
appraised by the board and the appraisal approved by the Department of
State Lands. [Amended by 1957 c.83 §15; 1959 c.209 §1; 1975 c.614 §17;
1981 c.660 §43] (1) The State Board of
Forestry may sell revenue bonds of the State of Oregon, to be known as
Oregon forest development revenue bonds, in an amount not exceeding
$500,000 in denominations not exceeding $1,000 each. The bonds shall not
constitute a general obligation of the state, nor be a lien on any of the
lands acquired by the state under ORS 530.010.

(2) The bonds shall bear interest at a rate to be determined by the
board, but not to exceed four percent per annum, payable semiannually at
the office of the State Treasurer. The bonds shall be numbered
consecutively, beginning with number one, and shall be due 50 years from
date of issue, but shall be payable when sufficient moneys are available
therefor in the State Forestry Department Account, as provided in ORS
530.150.

(3) The bonds shall be payable to bearer and shall have interest
coupons attached, which shall also be payable to bearer. The holder of
any such bond may have the ownership of the bond registered with the
State Treasurer with respect to the principal of the bond. The registered
owner of any bond may have such bond changed to be payable to bearer by
filing with the State Treasurer an irrevocable bond power, transferring
all rights in the bond to bearer.

(4) The board shall keep a record of every purchaser of the bonds
as originally issued. [Amended by 1957 c.83 §16] (1) When funds are available therefor,
as provided in ORS 530.110, the State Board of Forestry shall cause to be
published in a newspaper of general and wide circulation in the state a
notice of call for redemption at par and accrued interest of sufficient
revenue bonds to utilize such funds. The notice shall be published not
less than twice, the second publication to be not less than 14 days after
the first and not less than 30 days prior to the date of such call.

(2) The bonds shall be called in numerical order, beginning with
the lowest number, and shall cease to draw interest after the date fixed
for redemption. Interest and principal of the bonds shall be payable
solely from the moneys available for such purposes in the State Forestry
Department Account.

(3) Not less than 10 days before the date set by the board for
redemption of any of the revenue bonds, or the refunding bonds issued
under ORS 530.160, the board shall certify to the State Treasurer the
amount necessary to pay such redemption. Upon receipt of the certificate,
the treasurer shall prepare and verify a claim for the amount set out
therein, attaching thereto the certificate, and present the same to the
Oregon Department of Administrative Services which shall issue a warrant
therefor payable out of the moneys available for such purposes in the
State Forestry Department Account.

(4) All bonds and interest coupons upon payment shall be deposited
by the State Treasurer with the Oregon Department of Administrative
Services, to be attached to the original claim of the State Treasurer for
payment. [Amended by 1957 c.83 §17; 1975 c.614 §18] If the revenue bonds have not been
redeemed within 50 years of the date of issue as provided in ORS 530.140,
the State Board of Forestry shall cause to be sold refunding bonds in an
amount sufficient to provide funds for the redemption of such unredeemed
bonds as have been outstanding for 50 years, the proceeds of the sale of
which refunding bonds shall be used solely for the purpose of calling and
paying such bonds and coupons so refunded. The refunding bonds shall be
of like tenor as those refunded, and shall be payable only from the
moneys available for such purposes in the State Forestry Department
Account. The bonds shall show by indorsement thereon that their legality
has been approved by the Attorney General of Oregon. [Amended by 1957
c.83 §18]Revenues from lands acquired by the state pursuant to section 5,
chapter 478, Oregon Laws 1939, shall be disposed of as provided by law at
the time of such acquisition; provided that the county court or board of
county commissioners of any county from which such lands were acquired
may, by resolution duly made and entered, and delivery of a certified
copy thereof to the board, elect to have such revenues disposed of as
provided in ORS 530.110 (1). [Amended by 1957 c.83 §19]FOREST REHABILITATION ACT When used in ORS
530.210 to 530.280, unless the context clearly would be otherwise:

(1) “Bonds” are the general obligation bonds of the State of Oregon
issued pursuant to Article XI-E, Oregon Constitution.

(2) “Forestland” is any land suitable for the production of forest
crops. [Amended by 1955 c.115 §1]ORS 530.210 to 530.280
shall be known as the Oregon Forest Rehabilitation Act. In order to
provide funds for the purposes specified in Article XI-E of the Oregon
Constitution, bonds may be issued in accordance with the provisions of
ORS 286.031 to 286.061, but the annual issue shall not exceed $750,000.
[Amended by 1981 c.660 §44] The moneys arising from the
sale of each issue of bonds shall be paid into the State Treasury and
credited to the State Forestry Department Account and shall be used
exclusively for the rehabilitation, reforestation, management and
development of state-owned forestlands and the acquisition of lands for
said purposes. Moneys acquired under ORS 530.230 shall be in addition to
and not in lieu of moneys regularly appropriated or otherwise made
available to the State Board of Forestry for the administration,
management and protection of state forestlands. [Amended by 1957 c.83 §20](1) The State Forester, under
the direction of the State Board of Forestry, shall rehabilitate,
reforest and develop state-owned forestlands so as to secure the highest
permanent usefulness to the whole people of the state. In the management
and control of such land, the State Forester may employ assistants and
such other help as in the judgment of the State Forester may be necessary
and may purchase machinery, equipment and supplies required to accomplish
the purposes hereof. The State Forester may enter into any and all
contracts, in the name of the board, deemed necessary for the
rehabilitation, reforestation and development of said lands.

(2) The board shall carry out the provisions of ORS 530.210 to
530.280 and may promulgate such rules and regulations and do any other
act or thing necessary to meet fully the requirements of such sections. (1) When making
reforestation plans for state-owned or state-managed lands the State
Forester, insofar as edaphic conditions permit, shall select suitable
hardwood species as well as coniferous species.

(2) Silvicultural practices shall have as their objective the
maintenance or improvement of forest health and soil fertility and the
production of a continuous supply of coniferous and hardwood timber
consistent with sound management of fish, wildlife, recreational and
watershed values. [1993 c.346 §2](1) There hereby is created a sinking fund account to provide
for the payment of the principal and interest of all bonds issued
pursuant to the provisions of ORS 530.210 to 530.280. The fund shall
consist of the following:

(a) All moneys derived from taxes levied under ORS 291.445;

(b) All moneys derived from the sale, exchange or use of land
acquired pursuant to ORS 530.240; and

(c) Except as provided in ORS 530.115, all moneys received from the
disposal of forest products created through expenditures of moneys
available under the Oregon Forest Rehabilitation Act for reforestation.

(2) The moneys referred to in subsection (1) of this section shall
be set aside for sinking fund purposes until the issues of bonds which
provided funds for such reforestation have been retired. The State
Forester shall designate and keep records of the area of land on which
the funds from particular issues of bonds have been expended for such
reforestation.

(3) Disbursement from the sinking fund shall be made, for the
purposes stated, upon the submission of duly verified claims, approved by
the State Board of Forestry, to the Secretary of State, who shall audit
the same in the manner that other claims against the state are audited.
The Oregon Department of Administrative Services thereupon shall draw a
warrant on the State Treasurer against the fund. The money in the sinking
fund may be invested as provided in ORS 293.701 to 293.820. [Amended by
1955 c.115 §2; 1957 c.83 §21; 1967 c.335 §52; 1969 c.428 §4; 1991 c.220
§14; 1999 c.59 §168]ELLIOTT STATE FOREST; COMMON SCHOOL FOREST LANDS Any lands in
the national forests on February 25, 1913, selected by, and patented to,
the State of Oregon, for the purpose of establishing a state forest,
hereby are withdrawn from sale except as provided in ORS 530.510. The
state forest shall be known as the Elliott State Forest. [1957 c.240 §1](1) The Department of
State Lands and the State Board of Forestry shall designate and set aside
those lands owned by the State of Oregon, under the jurisdiction of the
Department of State Lands, which are primarily suited for the growing of
timber and other forest products.

(2) The state-owned lands shall be designated and set aside
pursuant to ORS 530.470 and 530.480, and when so designated and set
aside, shall be known as the Common School Forest Lands and hereby are
dedicated for the primary purposes stated in subsection (1) of this
section and shall be withdrawn from sale except as provided in ORS
530.450 to 530.520. [1957 c.240 §2; 1967 c.396 §5](1) Periodically as is necessary, the Department of State
Lands and the State Board of Forestry shall proceed to designate and set
aside Common School Forest Lands as rapidly as forestry data and
information are obtained from field examinations of the lands eligible
for dedication under ORS 530.450 to 530.520.

(2) Any lands so designated and set aside may, at any time, be
returned to their original status by similar actions of said agencies, if
said lands are to be used for higher and better use for the general
public, including the sale of said lands where lawful. [1957 c.240 §3;
1967 c.396 §6]As the Common School Forest Lands are
determined as required by ORS 530.450 to 530.520, such lands shall be
described by legal subdivision. The State Land Board and the State Board
of Forestry, respectively in their regular meetings, shall by separate
board resolutions designate and set aside such lands as a part of the
Common School Forest Lands; lands in the Elliott State Forest, as
determined by ORS 530.450, shall be similarly described and reserved. A
copy of each board resolution certified by the Director of the Department
of State Lands or the State Forester, respectively, together with the
description of the lands involved, shall be filed with the Secretary of
State, who shall keep such copies and descriptions in conjunction with
the auditing records of the State Forestry Department Account. [1957
c.240 §4; 1969 c.594 §58](1) Notwithstanding the
provisions of any other law, or authority granted thereunder, after the
board resolutions and legal descriptions are filed with the Secretary of
State as required by ORS 530.480, the State Forester hereby shall be
authorized, under the supervision of the State Board of Forestry and the
regulations of said board, to manage, control and protect the Common
School Forest Lands. Also, notwithstanding the provisions of any other
law, or authority granted thereunder, the State Forester hereby is
authorized, under the supervision of the State Board of Forestry and the
regulations of said board, to manage, control and protect the Elliott
State Forest Lands. In each instance the State Forester shall manage,
control and protect such forests and forestlands so as to secure the
greatest permanent value of the lands to the whole people of the State of
Oregon, particularly for the dedicated purposes of the lands and the
common schools to which the resources of the lands are devoted.

(2) Easements on, over and across the Common School Forest Lands
and the Elliott State Forest Lands may be granted as follows:

(a) Permanent easements determined by the State Forester and State
Board of Forestry as necessary to accomplish the dedicated purposes of
such lands may be granted by the Department of State Lands.

(b) Easements other than permanent may be granted by the State
Forester under joint rules of the State Board of Forestry and Department
of State Lands.

(3) The authority granted the State Forester in this section shall
not supersede the authority of the Department of State Lands to grant
easements on or leases for the Common School Forest Lands and Elliott
State Forest Lands for grazing purposes or for the exploration and
development of minerals, oil or gas, and any consideration received by
the Department of State Lands therefor shall be excepted from the
provisions of ORS 530.520; provided, however, the Department of State
Lands shall cooperate with the forestry program of the State Forester in
granting such easements and leases and make provisions therein for
continuing the primary purposes for which such land has been dedicated.
[1957 c.240 §5]In order to
accomplish the purposes of ORS 530.490, the State Forester may:

(1) Protect the lands from fire, disease and insect pests,
cooperate with the counties and with persons owning lands within the
state in the protection of the lands and enter into all agreements
necessary or convenient for the protection of the lands.

(2) Enter into and administer contracts for the sale of timber from
lands owned or managed by the State Board of Forestry and the State
Forestry Department.

(3) Permit the use of the lands for other purposes, including but
not limited to fish and wildlife environment, landscape effect,
protection against flood and erosion, recreation and production and
protection of water supplies when the use is not detrimental to the
purpose for which the lands are dedicated.

(4) Contract with other governmental bodies for the protection of
water supplies to facilitate the multiple use of publicly owned water
supplies for recreational purposes as well as a source of water for
domestic and industrial use.

(5) Grant permits and licenses on, over and across the lands.

(6) Reforest the lands and cooperate with persons owning
timberlands within the state in the reforestation, and make all
agreements necessary or convenient for the reforestation.

(7) Establish a forestry carbon offset program to market, register,
transfer or sell forestry carbon offsets. In establishing the program,
the forester may:

(a) Execute any contracts or agreements necessary to create
opportunities for the creation of forestry carbon offsets; and

(b) Negotiate prices that are at, or greater than, fair market
value for the transfer or sale of forestry carbon offsets.

(8) Do all things and make all rules and regulations, not
inconsistent with law, necessary or convenient for the management,
protection, utilization and conservation of the lands.

(9) Require such undertakings as in the opinion of the State
Forester are necessary or convenient to secure performance of any
agreement authorized in ORS 530.450 to 530.520. [1957 c.240 §6; 1959
c.141 §2; 1967 c.396 §7; 1969 c.194 §1; 2001 c.752 §9; 2005 c.103 §38] The State Forester may propose and
initiate any exchange of land of the Elliott State Forest or Common
School Forest Lands, or propose and initiate any exchange of timber on
such lands, for land of approximately equal aggregate value, when any
such exchange is in the furtherance of the purposes of ORS 530.450 to
530.520. However:

(1) Any exchange of land of the Elliott State Forest must be for
the consolidation of the forest;

(2) The State Land Board and the State Board of Forestry shall,
each separately, approve such exchanges by resolutions of the respective
boards; and

(3) The county court or board of county commissioners of the
county, or counties, in which such land is situated, shall approve such
exchange, and after such approval the exchanges shall be consummated by
legal conveyance from the Department of State Lands.

(4) Under the authority granted in this section, in addition to
land to be exchanged, a monetary consideration may be provided or
received where necessary to make the values comply with this section. No
exchange shall be made until title to the lands to be received has been
approved by the Attorney General. All lands received in exchange shall
have the same status and be subject to the same provisions of law as the
lands given in exchange therefor. [1957 c.240 §9; 1959 c.141 §5; 1967
c.396 §8; 1969 c.194 §2; 1969 c.594 §59]
(1) Excepting receipts from the easements and leases designated in ORS
530.490 (3), all receipts from the Elliott State Forest and the Common
School Forest Lands shall be paid into the Common School Fund and are
continuously appropriated to the Department of State Lands for the
purposes for which other moneys in the Common School Fund may be used and
to reimburse the Common School Forest Revolving Fund as provided in
subsection (2) of this section.

(2)(a) The Common School Forest Revolving Fund, in an amount not
exceeding $300,000, is established as a fund, separate and distinct from
the General Fund, in the State Treasury. Interest earned by the fund
shall be credited to the fund. The revolving fund is continuously
appropriated to the State Forester for the payment of administrative
expenses incurred by the State Forester in the management, control and
protection of the Elliott State Forest and the Common School Forest Lands
and in processing the sale of forest products and the disposal of
privileges under ORS 530.500. The revolving fund shall be reimbursed at
least once each month by submission to the Department of State Lands of a
claim for payment approved by the State Forester and payment of the claim
to the revolving fund out of the Common School Fund, that payment
representing a portion of receipts paid into the Common School Fund under
subsection (1) of this section.

(b) As used in paragraph (a) of this subsection, “administrative
expenses” means a classification of expenses incurred by the State
Forester in performing functions referred to in paragraph (a) of this
subsection as a whole, rather than expenses incurred in performing any
specific function that is a part of the whole; and it means expenditures
recognized as operating costs of a current or past period, including
refund of overpayments in the sale of forest products, and capital
expenditures for buildings, furniture, fixtures or equipment.

(3) After the end of each six-month period the State Forester shall
submit to the Department of State Lands a statement of capital asset
account balances as of the end of that period for buildings, furniture,
fixtures and equipment held by the State Forester in performing functions
referred to in subsection (2)(a) of this section and in which the Common
School Fund has a vested interest, showing the amount of that interest.
[1957 c.240 §7; 1967 c.421 §203; 1975 c.614 §19; 1977 c.167 §1; 1989
c.966 §59]COMMUNITY FOREST AUTHORITIES As used in ORS
530.600 to 530.628, unless the context requires otherwise:

(1) “Authority” means a community forest authority created under
ORS 530.606.

(2) “Board” means the board of directors of a community forest
authority.

(3) “Community forestlands” means private lands that are zoned and
permanently managed for commercial forestland use and any interests in
those private lands, including related roads or other improvements
financed by a community forest authority.

(4) “Municipality” means a city or county. [2005 c.500 §1]Note: 530.600 to 530.628 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 530 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. To provide the people of the State of Oregon with
renewable commercial forest resources that promote community stability
and sound conservation practices, the Legislative Assembly finds that it
is necessary and desirable to authorize the creation of community forest
authorities having the power to finance community forestlands and to
authorize those authorities to issue revenue bonds and other obligations
for that purpose. [2005 c.500 §2]Note: See note under 530.600. The governing body of a
municipality may create a community forest authority under ORS 530.606.
An authority may issue obligations on behalf of the municipality creating
the authority to finance community forestlands. An authority may not be
created or maintained for a purpose other than to finance community
forestlands as described in ORS 530.600 to 530.628. [2005 c.500 §3]Note: See note under 530.600. (1) Upon
the written request of three individuals or upon its own motion, the
governing body of a municipality may create a community forest authority
for the purpose of financing community forestlands.

(2) The governing body of a municipality may create a community
forest authority by ordinance or resolution adopted following a public
hearing held according to the laws of the municipality. The ordinance or
resolution shall set forth:

(a) The name of the authority.

(b) The number of directors of the authority.

(c) The term of office of the directors.

(d) Other provisions that the governing body determines are
necessary and appropriate and not inconsistent with the provisions of ORS
530.600 to 530.628.

(3) Upon adoption of an ordinance or resolution creating a
community forest authority, the authority is deemed created.

(4) A community forest authority created under this section has the
power and authority necessary to perform its duties under ORS 530.600 to
530.628.

(5) The governing body that creates a community forest authority
under this section may, at its sole discretion:

(a) Alter or change the structure, organization, programs or
activities of the authority, subject to any limitations imposed by law or
contract; and

(b) Dissolve the authority at any time if the authority has no
outstanding revenue bonds or other obligations or if the authority makes
arrangements regarding outstanding revenue bonds or other obligations
that are satisfactory to creditors. [2005 c.500 §4]Note: See note under 530.600.
(1) The governing body of a municipality that creates a community forest
authority under ORS 530.606 shall appoint a board of directors containing
not fewer than five nor more than 11 directors to manage and control the
authority. At least one-third of the directors must represent
conservation interests. At least one-third of the directors must
represent business interests and one director must serve as a member of
the governing body that created the authority. The balance of the
directors must be members of the public. A director who is a member of
the governing body that created the authority shall serve as a director
only as long as that director is a current member of the governing body.

(2) The term of office of directors of an authority may not exceed
four years and the directors serve at the pleasure of the governing body
of the municipality.

(3) The directors of an authority serve without compensation but
may be reimbursed for expenses incurred in the performance of their
duties.

(4) The board of directors of an authority shall adopt rules for
conducting meetings and carrying out the duties of the board. Decisions
of the board must be recorded in a minute book that is a public record. A
majority of the directors of the board constitutes a quorum for the
transaction of business and a majority of directors present and voting is
sufficient for the passage of a motion or a resolution.

(5) The board may employ and compensate employees, bond counsel,
financial advisors, feasibility consultants, accountants, attorneys or
other advisors that the board deems necessary and appropriate. [2005
c.500 §5]Note: See note under 530.600. A community forest authority
created under ORS 530.606 does not have the power or authority to levy
taxes. [2005 c.500 §6]Note: See note under 530.600. Except as otherwise provided in ORS
530.610, a community forest authority shall have the power necessary to
accomplish the purpose of financing community forestlands under ORS
530.600 to 530.628, including the power to:

(1) Sue and be sued in its own name.

(2) Enter into agreements relating to the operation of community
forestlands upon terms and conditions the board deems appropriate.

(3) Borrow money by issuing notes, revenue bonds or other revenue
obligations for the purpose of carrying out its powers.

(4) Mortgage, assign and pledge its assets, or a portion of its
assets, whether then owned or thereafter acquired, to pledge and assign
the revenues and receipts from the assets, to acquire, hold and dispose
of mortgages or other similar documents relating to community forestlands
and to arrange and provide for guarantees and other security agreements.

(5) Lend money to a nonprofit corporation for the acquisition,
furnishing or extension of and improvements to community forestlands.

(6) Enter into contracts, leases and other undertakings in its own
name.

(7) Adopt and amend ordinances and resolutions. [2005 c.500 §7]Note: See note under 530.600.(1) To accomplish its purposes, a community forest authority
created under ORS 530.606 may issue revenue bonds or other revenue
obligations payable from the revenues derived from the repayment of loans
to nonprofit corporations whose purpose is to own and operate community
forestlands. The issuance of revenue bonds or other revenue obligations
is governed by the provisions of this section and is not subject to the
prior approval of the electors of the municipality that created the
authority.

(2) An authority may issue and sell revenue bonds or other revenue
obligations payable as to principal and interest only out of the fund or
funds established under this section or other assets of the authority
that are pledged by the board of directors to secure the revenue bonds or
other revenue obligations. The bond resolution:

(a) Must specify the public purposes for which the proceeds of the
revenue bonds or other revenue obligations will be expended and declare
the estimated cost of carrying out those purposes.

(b) Must contain covenants and provide for the issuance and sale of
revenue bonds or other revenue obligations in a form, amount and manner
that the directors determine. In declaring the estimated cost, the
directors may include the moneys necessary for working capital, reserves,
capitalized interest, the payment of financing and legal expenses, the
repayment of advances and the start-up costs.

(c) May provide that community forestlands subsequently acquired by
a nonprofit corporation shall be deemed betterments or additions to, or
extensions of, the community forestlands, whether or not physically
connected.

(d) Must provide for the establishment of one or more special funds
under the control of the board or a trustee.

(e) Must obligate the authority to deposit and expend the proceeds
of the revenue obligations only into and from the fund or funds
established under this section and to set aside and pay into the fund or
funds a fixed proportion or fixed amount of the revenues derived from the
community forestlands or other corporate activities as the board finds in
the best interest of the authority and the payment of its obligations.

(3) A revenue bond or other revenue obligation issued against a
fund or funds established under this section is a valid claim of the
holder only as against the fund or funds, the proportion or amount of the
revenues pledged to the fund or funds and the other assets pledged,
assigned or encumbered by the authority to secure the revenue bond or
other revenue obligation. Each revenue bond or other revenue obligation
must state on its face that:

(a) The bond or obligation is payable from a special fund or funds
and name the fund or funds and the resolution that established the fund
or funds; or

(b) That the bond or obligation is payable from other assets and
identify those other assets and the resolution pledging, assigning or
encumbering them.

(4) A pledge, assignment or encumbrance of revenues or other moneys
or obligations or other assets made by an authority shall be valid and
binding from the time that the pledge or assignment is made against a
party with a subsequent claim of any kind in tort, contract, or otherwise
against the authority, irrespective of whether the party has actual
notice of the pledge, assignment or encumbrance. The pledge, assignment
or encumbrance must be noted in the board’s minute book or bond
transcripts, which shall be constructive notice thereof to all parties,
and neither the resolution nor other instrument by which a pledge,
assignment or encumbrance is created need be otherwise recorded, nor
shall the filing of a financing statement under the Uniform Commercial
Code be required to perfect the pledge, assignment or encumbrance.
Revenues or other moneys or assets pledged, assigned or encumbered and
later received by an authority are subject to the lien of the pledge
immediately without physical delivery or further act.

(5) A revenue bond or other revenue obligation issued under the
provisions of this section shall bear the date or dates, mature at the
time or times, be in denominations and in a form, either coupon or
registered or both, carry registration privileges, be made transferable,
exchangeable and interchangeable, be payable in the medium, at the place
or places, contain the covenants and be subject to the terms of
redemption that the board may declare in the bond resolution.

(6) The revenue bonds or other revenue obligations issued by an
authority may be sold by the board upon the terms and conditions and at
the rate or rates of interest and for the price or prices that the
authority deems most advantageous to the authority, with or without
public bidding. The authority may make contracts for future sale from
time to time of revenue bonds or other revenue obligations by which the
contract purchasers are committed to the prices, terms and conditions
stated in the contract, and the board may pay the consideration that the
board deems proper for the commitments.

(7) The board by resolution may provide for the issuance of funding
and refunding revenue bonds or other revenue obligations in order to take
up and refund a series, or portion of a series, of outstanding revenue
bonds or other revenue obligations at a time determined by the board.
Refunding revenue bonds or other revenue obligations may be sold or
exchanged at a price that the board determines is in the best interest of
the authority.

(8) A revenue bond or other revenue obligation issued pursuant to
this section is a legal security that may be used by any insured
institution or trust company, as those terms are defined in ORS 706.008,
for deposit with the State Treasurer or a county treasurer or city
treasurer, as security for deposits in lieu of a surety bond under a law
relating to deposits of public moneys and constitutes legal investments
for public bodies, trustees and other fiduciaries, banks, savings and
loan associations, and insurance companies. All revenue bonds and
obligations and all coupons appertaining thereto shall be negotiable
instruments within the meaning of and for all purposes of the law of this
state. [2005 c.500 §8]Note: See note under 530.600.A community forest authority created under ORS
530.606 may borrow from banks, investment banks or other lenders sums of
money on terms that the board deems necessary or advisable. An authority
may also issue, sell and assume bond anticipation notes or the equivalent
that bear a date, mature at a time, be in denominations and in a form, be
payable in a medium, at a place, and be subject to the terms of
redemption that the board deems necessary or advisable. [2005 c.500 §9]Note: See note under 530.600.
Revenue bonds and other revenue obligations of a community forest
authority created under ORS 530.606 are not a general obligation of the
municipality nor a charge upon the tax revenues of the municipality.
[2005 c.500 §10]Note: See note under 530.600. The board of directors of a community
forest authority created under ORS 530.606 shall establish loan repayment
terms and other charges at least adequate to pay the principal of and
interest on the obligations of the authority as the same become due,
including payments to a special fund or funds, together with the
financing and other costs of the authority. [2005 c.500 §11]Note: See note under 530.600.(1) The powers and responsibilities provided in ORS 530.600
to 530.628 may be exercised and discharged by two or more community
forest authorities acting jointly to effectuate the purposes of ORS
530.600 to 530.628. In addition, one or more community forest authorities
may authorize by resolution, ordinance or agreement the issuance of
revenue bonds or other revenue obligations on behalf of the authorities
or to otherwise exercise the powers of an authority within the boundaries
of the authorities.

(2) A community forest authority may not finance the acquisition of
community forestlands located outside the boundaries of the municipality
that created the authority without the written consent of each
municipality in which the community forest is located. [2005 c.500 §12]Note: See note under 530.600.(1) A community forest authority created under ORS 530.606 is
deemed a municipal corporation performing a public function. An
authority, all assets owned by the authority, the income earned by those
assets and the interest earned by revenue bonds or other revenue
obligations issued by an authority are exempt from taxation in the State
of Oregon.

(2) Notwithstanding subsection (1) of this section:

(a) A municipality shall determine the extent to which community
forestlands acquired or financed by an authority and located within the
boundaries of the municipality are subject to property taxation.

(b) Real and personal property owned by the authority and leased to
a third party is subject to property taxation if the property would be
subject to taxation if owned by the lessee of the property.

(c) A district, as defined in ORS 198.010 or 198.180, may elect to
continue imposing taxes on property within the district that is acquired
or financed by an authority and is otherwise exempt from property
taxation under this section without regard to the determination of a
municipality under paragraph (a) of this subsection.

(3) Revenue bonds issued by an authority are deemed to be
securities issued by a political subdivision of the State of Oregon.
[2005 c.500 §13]Note: See note under 530.600. The
earnings of a community forest authority created under ORS 530.606 in
excess of the amount required for the retirement of indebtedness or the
accomplishment of the purposes of ORS 530.600 to 530.628 shall not inure
to the benefit of a person or body other than the municipality creating
the authority. An authority may transfer, from time to time, to the
municipality creating the authority any excess moneys not needed to pay
the authority’s expenses or to pay the authority’s bonds or other
obligations, and the municipality may use such transferred funds for any
lawful purpose of the municipality. Upon dissolution of an authority, any
asset remaining after provision for payment of the obligations and
expenses of the authority becomes an asset of the municipality. [2005
c.500 §14]Note: See note under 530.600.
(1) ORS 530.600 to 530.628 contain complete authority for the
organization of a community forest authority and for the issuance and
sale of revenue bonds, including refunding revenue bonds, and other
revenue obligations.

(2) ORS 288.320 and ORS chapters 198, 279A, 279B and 294 do not
apply to the organization of an authority and the issuance and sale of
revenue bonds pursuant to ORS 530.600 to 530.628.

(3) Nothing in ORS 530.600 to 530.628 restricts or limits a power
that an authority has under a law of this state or the charter of the
municipality creating the authority except as explicitly provided in ORS
530.600 to 530.628. [2005 c.500 §15]Note: See note under 530.600.Note: 288.320 was repealed by section 34, chapter 443, Oregon Laws
2005. The text of 530.628 was not amended by enactment of the Legislative
Assembly to reflect the repeal. Editorial adjustment of 530.628 for the
repeal of 288.320 has not been made.FOREST MANAGEMENT VIOLATIONS All fines and court
costs recovered from violations established under ORS 530.990 shall be
paid to the clerk of the court involved. Such moneys shall be credited
and distributed under ORS 137.290 and 137.295 as monetary obligations
(1) Except for
violations arising from activities under contract with the State Board of
Forestry or the State Forestry Department, and subject to ORS 153.022,
violation of any rule or order adopted pursuant to ORS 530.050 is a Class
A violation.

(2) Multiple violations of any rule or order adopted pursuant to
ORS 530.050 shall be considered a single violation. However, each day a
violation continues shall be considered a separate violation.

(3) Violations and punishments set forth in this section are in
addition to and not in lieu of the provisions of ORS 164.305 to 164.335.