71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2163
 
LC 985/HB 2163-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2163
 
     By COMMITTEE ON STREAM RESTORATION AND SPECIES RECOVERY
 
                             March 9
 
  On page 1 of the printed bill, line 2, after 'ORS' insert '
526.490 and'.
  In line 9, after '2' insert 'unit exceeding 25 acres' and after
'or' insert 'harvest'.
  In line 10, delete 'conducting the harvest'.
  In line 25, delete 'conducting the harvest'.
  On page 2, line 24, delete 'conducting the harvest'.
  In line 27, delete 'conducting the harvest'.
  In line 33, after 'or' insert 'harvest' and after '3 ' insert
'operation'.
  In line 44, restore the bracketed material.
  In line 45, restore the bracketed material.
  On page 3, line 1, restore 'harvest'.
  In line 2, after 'tree' insert 'and downed log'.
  After line 3, insert:
  '  { +  SECTION 2. + } ORS 526.490 is amended to read:
  ' 526.490. (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  { - , section 5, chapter 919, Oregon Laws
1991, - }  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.'.
  In line 4, delete '2' and insert '3'.
  In line 5, after the first 'or' insert 'harvest'.
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