71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 986
 
                         House Bill 2164
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for State Forestry Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows interest earned on certain deposits in State Forestry
Department Account to accrue to State Forests Acquired Lands
Subaccount to be used for development and maintenance of
resources that enhance public experience of state forests.
  Creates State Forests Acquired Lands Subaccount within State
Forestry Department Account.
 
                        A BILL FOR AN ACT
Relating to the State Forestry Department Account; amending ORS
  526.060 and 530.110; and appropriating money.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 526.060 is amended to read:
  526.060. (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 Forests Acquired Lands Subaccount is
established as a subaccount of the State Forestry Department
Account. Moneys in the State Forests Acquired Lands Subaccount
are appropriated continuously to the State Forestry Department to
be used for the development and maintenance activities described
in ORS 530.110 (4). + }
  SECTION 2. ORS 530.110 is amended to read:
  530.110. (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 board 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.
   { +  (4)(a) All interest that accrues on deposits required by
this section shall be deposited into the State Forests Acquired
Lands Subaccount established under ORS 526.060.
  (b) The State Forester shall use the moneys in the State
Forests Acquired Lands Subaccount exclusively for the development
and maintenance of resources that enhance the public experience
of state forests, including but not limited to recreation,
education, interpretation, cultural resources management and
habitat enhancement. + }
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