72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to B-Eng. SB 467
LC 2411/SB 467-B21
HOUSE AMENDMENTS TO
B-ENGROSSED SENATE BILL 467
By SPECIAL COMMITTEE ON BUDGET
August 26
On page 1 of the printed B-engrossed bill, line 2, after ' ORS'
delete the rest of the line and delete line 3 and insert '
527.630 and 530.050; and declaring an emergency.'.
Delete lines 5 through 21 and pages 2 through 9.
On page 10, delete lines 1 through 24 and insert:
' { + SECTION 1. + } ORS 530.050 is amended to read:
' 530.050. { + (1) 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 for sound economic development in this state;
' (b) Maintain forestland for the continuous growing and
harvesting of forest tree species as the leading use consistent
with sound management of soil, water, air, recreation, fish and
wildlife resources and consistent with the economic development
objectives of this state; and
' (c) Ensure that the continuous benefits of soil, water, air,
recreation, fish and wildlife resources are retained for future
generations of Oregonians. + } { +
' (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 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 severe 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.
' { + 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, recreation, fish and wildlife resources of lands
acquired under ORS 530.010 to 530.040 and other forestlands,
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 to the extent necessary to
achieve the policy goals and direction established pursuant to
section 4 of this 2003 Act and the amendments to ORS 527.630 and
530.050 by sections 1 and 2 of this 2003 Act. + }
' { + SECTION 4. + } { + The State Board of Forestry and the
State Forestry Department shall ensure that the average timber
sale levels over any five-year period for the Tillamook and
Clatsop State Forests may not fall below the levels projected in
the Decadal Analysis of Alternatives, alternative 1, option C-2,
that informed the adoption of the Northwest and Southwest Oregon
State Forests Management Plans in January 2001. Determination and
implementation of timber sale levels of five-year average levels
for other state forests managed under the Northwest and Southwest
Oregon State Forests Management Plans shall be consistent with
the principles and assumptions of the Decadal Analysis of
Alternatives, alternative 1, option C-2. + } ' .
In line 25, delete '26' and insert '5'.
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