Chapter 248
AN ACT
HB 2069
Relating to forest tree seed; creating new provisions; and amending ORS
526.060, 526.235 and 526.470.
Be It Enacted by the People of
the State of
SECTION 1. ORS 526.235 is amended to read:
526.235. (1) A state forest nursery may be operated by the forester and
the State Board of Forestry to provide forest tree seedlings for the
reforestation of forestland. The nursery program may provide for the growth,
care and maintenance of nursery stock and for the sale of such stock to
private, state and other public owners of forestland.
(2) The forester and the
board may use means in addition to, or instead of, operating a state forest
nursery under subsection (1) of this section to secure forest tree seedlings
and may sell those forest tree seedlings to private, state and other public
owners of forestland. The means of securing forest tree seedlings may include,
but need not be limited to:
(a) Contracting with
private nurseries to grow forest tree seedlings;
(b) Allocating all or
part of forest tree seedling production [for]
on behalf of the forester and the board to a cooperative of private
growers under ORS 526.237; and
(c) Leasing or otherwise
making state nursery property available for operation by private growers of
forest tree seedlings.
(3) Each year the
forester shall determine the costs of nursery operation and of securing forest
tree seedlings under subsection (2) of this section and shall offer nursery
stock or otherwise secured forest tree seedlings for sale to forest owners at
prices that will recover actual costs.
(4) All revenues derived
from the selling of nursery stock and otherwise secured forest tree seedlings
shall be credited to the State Forestry Department Account and deposited in
the
[(5) Notwithstanding ORS 291.238, the moneys credited to the State
Forestry Department Account under subsection (4) of this section shall be
continuously available on a revolving basis exclusively for forest nursery
purposes or for the purpose of securing forest tree seedlings.]
SECTION 2. ORS 526.470 is amended to read:
526.470. (1) A state
forest tree seed bank may be operated by the State Forester and the State Board
of Forestry to provide forest tree seed for the raising of forest tree
seedlings suitable for reforestation. Such tree seed bank is to provide for the
research and development, production, purchase, collection, storage,
care and maintenance of forest tree seed and for the sale of such tree seed to
private, state and other public owners of forest nurseries or forestland.
(2) Each year the State
Forester shall determine the costs of tree seed bank operation and shall offer
tree seed for sale to forest or nursery owners at prices that will recover
actual costs.
(3) All revenues derived
from the operation of the tree seed bank shall be credited to the State
Forestry Department Account and deposited in the State Forest Tree Seed Bank
Subaccount established in ORS 526.060.
[(4) Notwithstanding ORS 291.328, the moneys credited to the State
Forestry Department Account under subsection (3) of this section shall be
continuously available on a revolving basis exclusively for forest nursery
purposes or for the purpose of securing forest tree seedlings.]
[(5) The State Forester shall keep a record of all moneys deposited in
the State Forestry Department Account for forest nursery purposes or for the
purpose of securing forest tree seedlings. 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.]
(4) In order to
develop and produce high quality forest tree seed, the moneys deposited in the
State Forest Tree Seed Bank Subaccount may be used for research and development
activities, including establishing and maintaining seed production areas, seed
orchards or select forest trees from which seed, cuttings or pollen may be
collected. The activities described in this subsection may be conducted
independently by the State Forester or in collaboration, partnership or
cooperation with private entities and public bodies as defined in ORS 174.109.
SECTION 3. (1) A state forest tree seed orchard may be
operated by the State Forester and the State Board of Forestry to produce high
quality forest tree seed suitable for reforestation. The purposes of the state
forest tree seed orchard are to:
(a) Grow, care for and
maintain seed orchard stock and produce seed, pollen, cuttings and other
propagules for reforestation uses by private entities and public bodies as
defined in ORS 174.109;
(b) Promote the
conservation of genetic resources; and
(c) Support research and
development activities for the purpose of producing high quality, well adapted
seeds.
(2) The State Forester
may enter into cooperative cost sharing and management agreements with private
entities and public bodies as defined in ORS 174.109 to carry out the purposes
set forth in subsection (1) of this section.
(3) Each year the State
Forester shall determine the costs of operating the state forest tree seed
orchard and shall recover actual costs.
(4) All revenues derived
from the operation of the state forest tree seed orchard shall be credited to
the State Forestry Department Account and deposited in the
SECTION 4. 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]
forest activities described in ORS 469.634 and 469.652.
(4) The
(5) The
(6) The State Forest
Tree Seed Bank Subaccount is established as a subaccount to the State Forestry
Department Account. Moneys in the State Forest Tree Seed Bank Subaccount are continuously appropriated to the State Forestry
Department to be used for the purposes described in ORS 526.470.
(7) The
(8) Notwithstanding ORS
291.238, the moneys credited to the subaccounts established under subsections
(5), (6) and (7) of this section shall be continuously available on a revolving
basis.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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