72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 3606
A-Engrossed
House Bill 3632
Ordered by the House June 6
Including House Amendments dated June 6
Sponsored by COMMITTEE ON REVENUE
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.
{ - Specifies that certain state forests are primarily
valuable for production of forest crops and secondarily valuable
for other purposes. Directs State Forester to actively manage
certain state forests primarily for timber production and timber
harvest. - } Establishes policy direction for { + management
of + } Tillamook and Clatsop State Forests. Directs State Board
of Forestry to modify
{ - Northwest Oregon State Forests Management Plan - } { +
forest management plans developed by board prior to effective
date of Act.
Declares emergency, effective on passage + }.
A BILL FOR AN ACT
Relating to state forests; creating new provisions; amending ORS
527.630 and 530.050; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 530.050 is amended to read:
530.050. { + (1) + } 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 such lands to the state, and to that
end may:
{ - (1) - } { + (a) + } Protect the lands from fire,
disease and insect pests, cooperate with the counties and with
persons owning lands within the state in such protection and
enter into all agreements necessary or convenient therefor.
{ - (2) - } { + (b) + } Sell forest products from the
lands, and execute mining leases and contracts as provided for in
ORS 273.551.
{ - (3) - } { + (c) + } 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,
such use is not detrimental to the best interest of the state.
{ - (4) - } { + (d) + } Grant easements, permits and
licenses over, through and across the lands; also, may require
and collect reasonable fees or charges relating to the location
and establishment of easements, permits and licenses granted by
the state over such lands, which moneys shall be used for the
expenses of such location and establishment. Any moneys derived
hereunder shall be placed in the State Forestry Department
Account and used exclusively for such purposes.
{ - (5) - } { + (e) + } Require and collect fees or charges
for the use of state forest roads, which moneys shall be used for
purposes of maintenance and improvements of such roads. Any
moneys derived hereunder shall be placed in the State Forestry
Department Account and used exclusively for such purposes.
{ - (6) - } { + (f) + } Reforest the lands and cooperate
with the counties, and with persons owning timberlands within the
state, in such reforestation, and make all agreements necessary
or convenient therefor.
{ - (7) - } { + (g) + } 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.
{ - (8) - } { + (h) + } Sell rock, sand, gravel, pumice and
other such materials from the lands; such sale may be negotiated
without bidding provided the appraised value of such does not
exceed $2,500.
{ - (9) - } { + (i) + } Enter into agreements, each for not
more than 10
{ - years - } { + years' + } duration, for the production of
minor forest products.
{ - (10) - } { + (j) + } Establish a forestry carbon offset
program to market, register, transfer or sell forestry carbon
offsets. In establishing the program, the forester may:
{ - (a) - } { + (A) + } Execute any contracts or agreements
necessary to create opportunities for the creation of forestry
carbon offsets; and
{ - (b) - } { + (B) + } Negotiate prices that are at, or
greater than, fair market value for the transfer or sale of
forestry carbon offsets.
{ + (k) Harvest and convert to disease-resistant species, as
rapidly as possible, those portions of the Tillamook and Clatsop
State Forests that exhibit moderate or extreme occurrence of
Swiss needle cast disease without reducing management and harvest
activities in other portions of the Tillamook and Clatsop State
Forests. + }
{ - (11) - } { + (L) + } Do all things and make all rules,
not inconsistent with law, necessary or convenient for the
management, protection, utilization and conservation of the
lands.
{ + (2) For purposes of this section, 'secure the greatest
permanent value' means to:
(a) Encourage economically efficient forest practices that
ensure the continuous growing and harvesting of forest tree
species;
(b) Maintain forestland for the continuous growing and
harvesting of forest tree species as the leading use consistent
with sound management of soil, air, water, fish and wildlife
resources; and
(c) Ensure that the continuous benefits of soil, air, water,
fish and wildlife resources are retained for future generations
of Oregonians. + }
SECTION 2. ORS 527.630 is amended to read:
527.630. (1) Forests make a vital contribution to Oregon by
providing jobs, products, tax base and other social and economic
benefits, by helping to maintain forest tree species, soil, air
and water resources and by providing a habitat for wildlife and
aquatic life. Therefore, it is declared to be the public policy
of the State of Oregon to encourage economically efficient forest
practices that ensure the continuous growing and harvesting of
forest tree species and the maintenance of forestland for such
purposes as the leading use on privately owned land, consistent
with sound management of soil, air, water, fish and wildlife
resources and scenic resources within visually sensitive
corridors as provided in ORS 527.755 and to ensure the continuous
benefits of those resources for future generations of Oregonians.
(2) It is recognized that operations on forestland are already
subject to other laws and to regulations of other agencies
{ - which - } { + that + } deal primarily with consequences
of such operations rather than the manner in which operations are
conducted. It is further recognized that it is essential to avoid
uncertainty and confusion in enforcement and implementation of
such laws and regulations and in planning and carrying out
operations on forestlands.
(3) To encourage forest practices implementing the policy of
ORS 527.610 to 527.770 and 527.990 and 527.992, it is declared to
be in the public interest to vest in the State Board of Forestry
exclusive authority to develop and enforce statewide and regional
rules pursuant to ORS 527.710 and to coordinate with other state
agencies and local governments { - which - } { + that + } are
concerned with the forest environment.
(4) The board may adopt and enforce rules addressing scenic
considerations only in accordance with ORS 527.755.
(5) The board shall adopt and enforce forest practice rules to
reduce the risk of serious bodily injury or death from a rapidly
moving landslide only in accordance with ORS 527.710 (11). As
used in this subsection, 'rapidly moving landslide' has the
meaning given in ORS 195.250.
(6) The State of Oregon should provide a stable regulatory
environment to encourage investment in private forestlands.
{ + (7) The sound management, under ORS 530.050, of soil,
water, air, fish and wildlife resources of lands acquired under
ORS 530.010 to 530.040 and other forest lands, except those
Common School Forest Lands and Elliott State Forest Lands managed
under ORS 530.490, shall be achieved through compliance with ORS
527.610 to 527.770 and 527.990 and 527.992. + }
SECTION 3. { + The State Board of Forestry shall modify forest
management plans developed by the board prior to the effective
date of this 2003 Act, including, if necessary, the modification
or suspension of any other forest structure goals, to the extent
necessary to achieve the policy goals and direction established
pursuant to the amendments to ORS 527.630 and 530.050 by sections
1 and 2 of this 2003 Act. + }
SECTION 4. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
----------