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
 
                         House Bill 3072
 
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 as
introduced.
 
  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; amending ORS 530.050, 530.490 and 530.520; and
  declaring an emergency.
  Whereas lands have been acquired by the state since the 1930s
under a series of laws and amendments now embodied in ORS chapter
530; and
  Whereas the historical records for those lands show that the
State Board of Forestry, the State Forestry Department and
counties that made these lands available to the state have
construed ORS chapter 530 to require management of the lands
primarily for timber production; and
  Whereas the past policies, practices and administrative
proceedings of the State Board of Forestry and the State Forestry
Department confirm that priority is to be given on those lands to
timber production in order to produce revenue for counties,
schools and local taxing districts; and
  Whereas questions have recently arisen as to the proper
construction of ORS chapter 530 with regard to the priority to be
given to timber production on the lands; and
  Whereas those questions require that ORS chapter 530 be
clarified to conform to the historical intent of the state and
counties; now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 2. ORS 530.490 is amended to read:
  530.490. (1)  { + As used in this section, 'secure the greatest
permanent value' has the meaning given that term in ORS 530.050.
  (2)  + }Notwithstanding the provisions of any other law, or
authority granted thereunder, after the State Board of Forestry
and State Land Board resolutions and legal descriptions are filed
with the Secretary of State as required by ORS 530.480, the State
Forester   { - hereby shall be authorized - }  { +  may + },
under the supervision of the State Board of Forestry and the
regulations of that board,
  { - to - }  manage, control and protect the Common School
Forest Lands.  Also, notwithstanding the provisions of any other
law, or authority granted thereunder, the State Forester
 { - hereby is authorized - }  { +  may + }, under the
supervision of the State Board of Forestry and the regulations of
that board,   { - to - }  manage, control and protect the Elliott
State Forest Lands. In each instance the State Forester shall
manage, control and protect such forests and forestlands so as to
secure the greatest permanent value of the lands to the whole
people of the State of Oregon, particularly for the dedicated
purposes of the lands and the common schools to which the
resources of the lands are devoted.
    { - (2) - }  { +  (3) + } Easements on, over and across the
Common School Forest Lands and the Elliott State Forest Lands may
be granted as follows:
  (a) Permanent easements determined by the State Forester and
State Board of Forestry as necessary to accomplish the dedicated
purposes of such lands may be granted by the Department of State
Lands.
  (b) Easements other than permanent may be granted by the State
Forester under joint rules of the State Board of Forestry and
Department of State Lands.
    { - (3) - }  { +  (4) + } The authority granted the State
Forester in this section   { - shall - }  { +  may + } not
supersede the authority of the Department of State Lands to grant
easements on or leases for the Common School Forest Lands and
Elliott State Forest Lands for grazing purposes or for the
exploration and development of minerals, oil or gas { + . + }
 { - , and - }  Any consideration received by the Department of
State Lands   { - therefor - }  { +  for such easements or
leases + } shall be excepted from the provisions of ORS 530.520.
However, the Department of State Lands shall cooperate with the
forestry program of the State Forester in granting such easements
and leases and make provisions therein for continuing the primary
purposes for which such land has been dedicated.
  SECTION 3. ORS 530.520 is amended to read:
  530.520. (1) Excepting receipts from the easements and leases
designated in ORS 530.490   { - (3) - }  { +  (4) + }, all
receipts from the Elliott State Forest and the Common School
Forest Lands shall be paid into the Common School Fund and are
continuously appropriated to the Department of State Lands for
the purposes for which other moneys in the Common School Fund may
be used and to reimburse the Common School Forest Revolving Fund
as provided in subsection (2) of this section.
  (2)(a) The Common School Forest Revolving Fund, in an amount
not exceeding $300,000, is established as a fund, separate and
distinct from the General Fund, in the State Treasury. Interest
earned by the fund shall be credited to the fund. The revolving
fund is continuously appropriated to the State Forester for the
payment of administrative expenses incurred by the State Forester
in the management, control and protection of the Elliott State
Forest and the Common School Forest Lands and in processing the
sale of forest products and the disposal of privileges under ORS
530.500. The revolving fund shall be reimbursed at least once
each month by submission to the Department of State Lands of a
claim for payment approved by the State Forester and payment of
the claim to the revolving fund out of the Common School Fund,
that payment representing a portion of receipts paid into the
Common School Fund under subsection (1) of this section.
  (b) As used in paragraph (a) of this subsection, '
administrative expenses' means a classification of expenses
incurred by the State Forester in performing functions referred
to in paragraph (a) of this subsection as a whole, rather than
expenses incurred in performing any specific function that is a
part of the whole; and it means expenditures recognized as
operating costs of a current or past period, including refund of
overpayments in the sale of forest products, and capital
expenditures for buildings, furniture, fixtures or equipment.
  (3) After the end of each six-month period the State Forester
shall submit to the Department of State Lands a statement of
capital asset account balances as of the end of that period for
buildings, furniture, fixtures and equipment held by the State
Forester in performing functions referred to in subsection (2)(a)
of this section and in which the Common School Fund has a vested
interest, showing the amount of that interest.
  SECTION 4.  { + No later than July 1, 2010, the State Board of
Forestry shall modify all management plans developed by the State
Forester to the extent necessary to achieve the policy goals and
direction reflected in the amendments to ORS 530.050 and 530.490
by sections 1 and 2 of this 2009 Act. + }
  SECTION 5.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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