Chapter 631 Oregon Laws 1999

Session Law

AN ACT

SB 1151

Relating to western juniper; creating new provisions; and amending ORS 321.005 and 321.405.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Not later than one year after the effective date of this 1999 Act, the State Forestry Department, in coordination with the State Department of Agriculture, the Department of Environmental Quality and the State Department of Fish and Wildlife, shall complete a review of the programs of the State Forestry Department, and those programs administered by the State Forestry Department for other state agencies, to determine program and regulatory issues related to commercial western juniper harvest, and how the State Forestry Department can respond and resolve the issues in a manner that will benefit landowners and improve watershed and rangeland health.

SECTION 2. ORS 321.005 is amended to read:

321.005. As used in ORS 321.005 to 321.185, 321.560 to 321.600 and 477.440 to 477.460, unless the context requires otherwise:

(1) "Board" means the State Board of Forestry.

(2) "Protected forestlands" means those lands which are protected from the starting or spread of fire thereon or therefrom by:

(a) The State Forester, with the approval of the board;

(b) The United States of America through contract with the State Forester;

(d) Any forest protective agency, described in paragraph (c) of this subsection, under an agreement with the United States of America wherein such agency agrees to protect specific federal forestlands and, in return, the United States of America agrees to protect specific lands of such agency.

(3) "Department" means the Department of Revenue.

(4) "Committee" means the Emergency Fire Cost Committee.

(5) "Forestland" means any land producing forest products.

(6) "Forest products" means products from harvested timber, but does not include products from short rotation fiber grown under agricultural conditions as described in ORS 321.267 (1)(e) or 321.415 (5), western juniper or products from harvested western juniper.

(7) "Harvest" means the point at which timber that has been cut, severed, or removed for purposes of sale or use is first measured in the ordinary course of business as determined by reference to common practice in the timber industry.

(8) "Merchantable stand of timber" means any stand on forestlands containing living or dead timber which is being or can be harvested.

(9) "Taxpayer" means the owner of timber at time of harvest.

(10) "Taxes" means the taxes provided for in ORS 321.015.

(11) "Owner of timber" means any individual or combination of individuals, partnership, firm, corporation or association of whatever nature holding title to harvested timber by virtue of:

(a) An instrument of conveyance;

(b) The harvesting of the timber; or

(12) "Timber" means all logs which can be measured in board feet and other forest products as determined by department rule.

SECTION 3. ORS 321.405 is amended to read:

321.405. As used in ORS 321.405 to 321.520, unless the context requires otherwise:

(1) "Eastern Oregon" means that portion of the state lying east of a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County, thence south along the western boundaries of the counties of Wasco, Jefferson, Deschutes and Klamath to the southern boundary of the State of Oregon.

(2) "Department" means the Department of Revenue.

(3) "Forestland" means forestland as defined in ORS 321.805.

(4) "Harvest" means the point at which timber that has been cut, severed, or removed for purposes of sale or use is first measured in the ordinary course of business as determined by reference to common practice in the timber industry.

(5) "Owner of timber" means any individual or combination of individuals, partnership, firm, corporation or association of whatever nature holding title to harvested timber by virtue of:

(a) An instrument of conveyance;

(b) The harvesting of the timber; or

(6) "Sustained yield management" means sustained yield management as defined in ORS 321.257.

(7) "Timber" means all logs which can be measured in board feet and other forest products as determined by department rule, but does not include western juniper or products from harvested western juniper.

(8) "Taxpayer" means the owner of timber at time of harvest.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date October 23, 1999

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