75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3123
A-Engrossed
House Bill 3072
Ordered by the House May 4
Including House Amendments dated May 4
Sponsored by COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND
RURAL COMMUNITIES
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.
{ + Authorizes State Board of Forestry to designate areas on
certain state forestlands as exempt from requirement that those
forestlands be managed to secure greatest permanent value. + }
Defines statutory term regarding management of acquired lands
designated as state forests { - , common school forest lands and
Elliott State Forest Lands - } . Requires State Board of Forestry
to amend forest management plans to achieve policy and goals
reflected in definition.
{ - Declares emergency, effective on passage. - }
A BILL FOR AN ACT
Relating to the management of forest lands; creating new
provisions; and amending ORS 530.050.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The State Board of Forestry may designate
areas on state forestlands acquired under ORS 530.010 to 530.040
as exempt from the requirement under ORS 530.050 that those state
forestlands be managed to secure the greatest permanent value. In
designating areas under this section, the board may consider
areas:
(a) That are nonproductive timber lands;
(b) That are located on steep slopes; or
(c) For which designation might restore, maintain or enhance
riparian areas.
(2) Management activities in areas designated under this
section may include limited harvesting and other forest resource
management activities. + }
SECTION 2. ORS 530.050 is amended to read:
530.050. { + (1) As used in this section, 'secure the greatest
permanent value' means to ensure that lands are forests managed
primarily for timber production in order to produce revenue for
counties, schools and local taxing districts that receive revenue
from those lands.
(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 those 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 the protection of the
lands and enter into all agreements necessary or convenient for
the protection of the lands.
{ - (2) - } { + (b) + } Sell forest products from the
lands, and execute mining leases and contracts as provided for in
ORS 273.551.
{ - (3) - } { + (c) + } Enter into and administer contracts
for the sale of timber from lands owned or managed by the State
Board of Forestry and the State Forestry Department.
{ - (4) - } { + (d) + } 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,
the use is not detrimental to the best interest of the state.
{ - (5) - } { + (e) + } Grant easements, permits and
licenses over, through and across the lands. The State Forester
may require and collect reasonable fees or charges relating to
the location and establishment of easements, permits and licenses
granted by the state over the lands. The fees and charges
collected shall be used exclusively for the expenses of locating
and establishing the easements, permits and licenses under this
{ - subsection - } { + paragraph + } and shall be placed in
the State Forestry Department Account.
{ - (6) - } { + (f) + } Require and collect fees or charges
for the use of state forest roads. The fees or charges collected
shall be used exclusively for purposes of maintenance and
improvements of the roads and shall be placed in the State
Forestry Department Account.
{ - (7) - } { + (g) + } Reforest the lands and cooperate
with the counties, and with persons owning timberlands within the
state, in the reforestation, and make all agreements necessary or
convenient for the reforestation.
{ - (8) - } { + (h) + } 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.
{ - (9) - } { + (i) + } Sell rock, sand, gravel, pumice and
other such materials from the lands. The sale may be negotiated
without bidding, provided the appraised value of the materials
does not exceed $2,500.
{ - (10) - } { + (j) + } Enter into agreements, each for
not more than 10 years duration, for the production of minor
forest products.
{ - (11) - } { + (k) + } 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.
{ - (12) - } { + (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 3. { + No later than July 1, 2010, the State Board of
Forestry shall modify all forest management plans developed by
the State Forester to the extent necessary to achieve the policy
goals and direction established by the amendments to ORS 530.050
by section 2 of this 2009 Act. + }
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