74th OREGON LEGISLATIVE ASSEMBLY--2008 Special 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 73
 
                         House Bill 3628
 
Sponsored by COMMITTEE ON ELECTIONS, ETHICS AND RULES (at the
  request of House Interim Committee on Agriculture and Natural
  Resources)
 
 
                             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.
 
  Allows State Board of Forestry to modify or waive certain
limitations and requirements of Oregon Forest Practices Act in
certain cases.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to Oregon Forest Practices Act; amending ORS 527.736;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 527.736 is amended to read:
  527.736. (1) The standards established in ORS 527.740 to
527.750 shall be administered by the State Forester as standards
applying to all operations in the state, including those on
forestland owned by the state or any political subdivision
thereof. Pursuant to ORS 527.710 the State Board of Forestry
shall adopt, repeal or amend forest practice rules as necessary
to be consistent with and to implement the standards established
in ORS 527.740 to 527.750. Except as provided in ORS 527.714,
nothing in ORS 468B.100 to 468B.110, 477.562, 527.620, 527.670,
527.690, 527.710, 527.715, 527.722, 527.724 and 527.736 to
527.770 shall affect the powers and duties of the board to adopt,
or the State Forester to administer, all other regulations
pertaining to forest practices under applicable state law.
  (2) Nothing in ORS 527.740 to 527.750 is intended to apply to
cutting of trees that is for growth enhancement treatments, as
defined by the State Forester, such as thinning or precommercial
thinning.
   { +  (3) The State Board of Forestry may modify or waive the
limitations and requirements of ORS 527.676, 527.740, 527.750 and
527.755 for the purposes of a bona fide research project
conducted by:
  (a) A federal agency;
  (b) Agencies of the executive department, as defined in ORS
174.112;
  (c) An educational institution; or
  (d) A private landowner.
  (4) The State Board of Forestry may agree as a term of a
stewardship agreement entered into under ORS 541.423 to modify or
 
waive the limitations and requirements of ORS 527.676, 527.740,
527.750 and 527.755.
  (5) The State Board of Forestry may modify or waive the
limitations and requirements of ORS 527.676, 527.740, 527.750 and
527.755 for the purpose of an operation for the planting,
growing, managing or harvesting of hardwood timber, including but
not limited to hybrid cottonwood, if:
  (a) The timber is grown on land that has been prepared by
intensive cultivation methods and is cleared of competing
vegetation for at least three years after planting;
  (b) The timber is harvested on a rotation cycle of more than 12
years and less than 20 years after planting; and
  (c) The timber is subject to intensive agricultural practices,
including but not limited to fertilization, cultivation,
irrigation, insect control and disease control. + }
  SECTION 2.  { + This 2008 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2008 Act takes effect on its
passage. + }
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