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
 
                         House Bill 3632
 
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 as
introduced.
 
  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 Tillamook and Clatsop State
Forests. Directs State Board of Forestry to modify Northwest
Oregon State Forests Management Plan.
 
                        A BILL FOR AN ACT
Relating to state forests; creating new provisions; and amending
  ORS 527.630, 530.010 and 530.050.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 530.010 is amended to read:
  530.010. (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 - }
 { + that + } by reason of their location, topographical,
geological or physical characteristics are   { - chiefly - }
 { + primarily + } valuable for the production of forest crops
 { - , - }   { + and secondarily valuable for + } watershed
protection and development, erosion control, grazing, recreation
or forest administrative purposes.
  (2) The board   { - shall - }   { + may + } 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.
  SECTION 2. ORS 530.050 is amended to read:
  530.050. 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  { + actively + } manage { + ,
primarily for timber production and timber harvest, + } 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) 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) Sell forest products from the lands, and execute mining
leases and contracts as provided for in ORS 273.551.
  (3) 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) 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) 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) 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) 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) 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) Enter into agreements, each for not more than 10
 { - years - }  { +  years' + } duration, for the production of
minor forest products.
  (10) 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.
   { +  (11) 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) - }   { + (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.
  SECTION 3. 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 of soil, water, air, fish and
wildlife resources in the Tillamook and Clatsop State Forests
shall be achieved through compliance with ORS 527.610 to 527.770.
The board may not allow or require more restrictive standards for
the management of such resources in the Tillamook and Clatsop
State Forests. + }
  SECTION 4.  { + The State Board of Forestry shall modify the
Northwest Oregon State Forests Management Plan developed by the
board, including, if necessary, the modification or suspension of
any other forest structure goals, to the extent necessary to
achieve the policies and direction established pursuant to the
amendments to ORS 527.630, 530.010 and 530.050 by sections 1 to 3
of this 2003 Act. + }
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