74th OREGON LEGISLATIVE ASSEMBLY--2007 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 415
 
                         House Bill 2069
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski 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.
 
  Authorizes surcharge on sale price of seed sold from state
forest tree seed bank. Authorizes State Forester to use funds
from state forest tree seed bank to establish, maintain and
develop seed production areas. Provides specific authority for
State Forester and State Board of Forestry to operate state
forest tree seed orchard. Creates subaccounts for state forest
nursery, state forest tree seed bank and state forest tree seed
orchard.
 
                        A BILL FOR AN ACT
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 Oregon:
  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 State
Forest Nursery Subaccount established in ORS 526.060 + }.
    { - (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  { +  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) In addition to offering tree seed at an amount that
will recover actual costs, the State Forester may impose on the
sale price of tree seed a surcharge for the purpose of funding
research and development activities described in subsection (5)
of this section. + }
    { - (3) - }   { + (4) + } 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. - }
   { +  (5) 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 State Forest Tree Seed
Orchard Subaccount established in ORS 526.060. + }
  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 State Forest Enhancement Donation Subaccount is
established as a subaccount to the State Forestry Department
Account. Moneys in the State Forest Enhancement Donation
Subaccount are continuously appropriated to the State Forestry
Department to be used for the purposes described in ORS 526.065.
   { +  (5) The State Forest Nursery Subaccount is established as
a subaccount to the State Forestry Department Account. Moneys in
the State Forest Nursery Subaccount are continuously appropriated
to the State Forestry Department to be used for the purposes
described in ORS 526.235.
  (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 State Forest Tree Seed Orchard Subaccount is
established as a subaccount to the State Forestry Department
Account. Moneys in the State Forest Tree Seed Orchard Subaccount
are continuously appropriated to the State Forestry Department to
be used for the purposes described in section 3 of this 2007 Act.
  (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. + }
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