TITLE 44
FORESTRY AND
FOREST PRODUCTS
Chapter 526. Forestry Administration
527. Insect and Disease Control; Forest
Practices
530. State Forests; Community Forests
532. Branding of Forest Products and Booming
Equipment
_______________
526 — Forestry
Administration
2011 EDITION
FORESTRY ADMINISTRATION
FORESTRY AND FOREST PRODUCTS
GENERAL PROVISIONS
526.005 Definitions
STATE BOARD OF FORESTRY; STATE FORESTER;
STATE FORESTRY DEPARTMENT
526.008 State
Forestry Department
526.009 State
Board of Forestry; chairperson; terms; vacancies; confirmation; qualifications;
removal
526.016 General
duties; limits; compensation and expenses; meetings; rules
526.031 State
Forester; deputy and assistants; compensation
526.036 Fidelity
bonds
526.041 General
duties of State Forester; rules
526.046 State
Forester to cooperate with other agencies and persons; contracts for
supervision; costs
526.052 Credits
for former forest protective association employees
526.054 Authority
of department to require fingerprints
FUNDS AND FINANCES
526.060 State
Forestry Department Account; subaccounts
526.065 Authority
to accept gifts and other donations for management of state forests and forest
legacy programs; use of moneys in subaccount
526.090 Acceptance
and use of moneys under Agricultural Act of 1956 (soil bank and reforestation
provisions)
526.095 Clarke-McNary
Act accepted; State Forester is agent of state
526.105 Disposition
of receipts under ORS 526.090 and 526.095
526.111 State
Forestry Department Revolving Account; purposes
526.121 Reimbursement
of revolving account; keeping records
526.125 Tillamook
Forest Interpretive Center Fund; sources; use of moneys in fund
MANAGEMENT OF EQUIPMENT AND PROPERTY
526.131 Purchase
or acceptance of federal surplus property
526.135 Leasing
departmental equipment to federal agency
526.142 Definition
for ORS 526.142 to 526.152
526.144 Equipment
pool; participation
526.146 Charges
526.148 Leasing
communication equipment
526.152 Disposition
of equipment; termination of pool
526.156 Forest
Trust Land Advisory Committee; membership; advisory function
ACQUISITION AND DISPOSITION OF REAL
PROPERTY
526.162 Taking
title in fee simple
526.164 Exchange
of property
526.166 Acquisition
of real property by purchase, agreement or donation
526.168 Acquisition
of real property by eminent domain
526.178 Going
upon private property
526.192 Attorney
General to conduct proceedings
526.194 Disposition
or leasing of property
FOREST RESEARCH AND EXPERIMENTATION
526.215 State
Board of Higher Education to conduct research and experimentation programs
526.225 Forest
Research Laboratory; cooperative programs; advisory committee
FOREST TREE SEEDLINGS
526.231 Findings
526.233 Application
of antitrust laws
526.235 State
forest nursery; securing seedlings; sale of seedlings and stock; disposition of
sales receipts
526.237 Acquisition
of forest tree seedlings; agreements with grower cooperatives; fees
MANAGEMENT REPORTS
526.255 Long
range management, marketing and harvest report
526.265 Hearings
to publish report and receive testimony; management regions
FOREST HEALTH AND MANAGEMENT INITIATIVES
(Federal Forest Management)
526.271 Findings
526.274 Authority
to participate in federal forest management
(Forest Health)
526.277 Findings
526.280 Responsibilities
of State Forester; woody biomass utilization; report
526.285 Contracts
for providing woody biomass from state-managed forestlands
FORESTLAND CLASSIFICATION
526.305 Definitions
for ORS 526.305 to 526.370
526.310 Forestland
classification committees; rules
526.320 Determination
of forestland
526.324 Classification
of forestland by committee; publication
526.328 Hearing;
final classification
526.332 Appeal
526.335 State
Board of Forestry rules
526.340 Classification
by State Forester
526.350 Policy
in administering forest and fire laws; contracts for care of forestland
526.360 State
Forester to assist in developing forestland for agricultural uses; supervision
of certain burning; refusal of supervision or permit; Certified Burn Manager
program; rules; liability for damage
526.370 Seeding
agreements as condition of supervision of burning on forestlands; seeding at
owner’s expense on breach; lien; foreclosure
NONINDUSTRIAL PRIVATE LANDOWNER
ASSISTANCE
(Generally)
526.425 Management
assistance to nonindustrial private forest landowners; rules
(Woodland Management Act of 1979)
526.450 Short
title
526.455 Definitions
for ORS 526.450 to 526.475
526.460 Policy
to manage forests to maximize benefits
526.465 Purpose
of ORS 526.450 to 526.475
526.470 Forest
tree seed bank; sale to recover costs; disposition of funds; use of funds for
research and development activities
526.472 Forest
tree seed orchard; purposes; cooperative agreements; recovery of costs;
revenues
526.475 Appeal
of decisions by State Forester
526.490 Afforestation
of certain idle lands; harvest requirements; inspection fees; lands subject to
Oregon Forest Practices Act; rules; fees
URBAN AND COMMUNITY FORESTRY
526.500 Definitions
for ORS 526.500 to 526.515
526.505 Policy
526.510 Department
to provide technical assistance to governmental units
526.515 Gifts,
grants and donations; fees for services
OREGON FOREST RESOURCES INSTITUTE
(Generally)
526.600 Definitions
for ORS 526.600 to 526.675
526.605 Findings
526.610 Oregon
Forest Resources Institute; board of directors; eligibility
526.615 Qualifications
of voting members
526.620 Terms
of voting members; vacancies
526.625 Effect
of failure to maintain qualification; removal of member
526.630 Expenses
of members and staff
526.632 Employees
not subject to certain personnel regulation
526.635 Officers
526.640 General
authority of institute
526.645 Additional
powers
(Financial Administration)
526.650 Expenditure
of funds restricted
526.655 Acceptance
of grants, donations and gifts
526.660 Application
of budget and expenditure control laws
526.665 Exemption
from certain financial administration laws
526.670 Books
and records; audit
526.675 Oregon
Forest Resources Institute Fund; use of moneys; rules
FOREST RESOURCE TRUST
526.695 Definitions
for ORS 526.695 to 526.775
526.700 Forest
Resource Trust; purpose; trustees; advisory committee; rules; duties
526.703 Cost
share program; purpose; advance of moneys and assistance
526.705 Loan
program; financial assistance terms and conditions; rules
526.710 State
Forestry Department to assist board
526.720 Forest
Resource Trust Fund
526.725 Agreements
with private, governmental or other organizations; land acquisitions;
investment of funds; forestry carbon offsets; trust on governmental agencies or
officers not created
526.730 Report
to legislature
526.740 Lien
for moneys payable to trust by forestland owner; attachment to severed forest
products and accounts receivable
526.745 Notice
of lien; filing
526.750 Recording
of notice; fee
526.755 Foreclosure;
costs
526.760 Priority;
lien survives land foreclosure proceedings
526.765 Payment
of funds advanced; release of lien
526.770 Notice
of forest products harvest; contents; forest products purchasers
526.775 Execution
of judgment against other property when forest products and accounts not
subject to lien
FORESTRY CARBON OFFSETS
526.780 Agreements
for forestry carbon offsets; requirements; creation; disposition of revenues
526.783 Development
of forestry carbon offset accounting system
526.786 Rules
relating to forestry carbon offsets; rules advisory committee
526.789 Effect
of state forestry carbon offset program
TIMBER EXPORT REGULATION
526.801 Definitions
for ORS 526.801 to 526.831 and 526.992
526.806 Prohibition
against export of unprocessed timber; prohibition against certain public timber
purchases
526.811 Exemption
from export prohibition
526.816 Certification
by bidders for public timber
526.821 Political
subdivisions to establish rules
526.826 Barring
timber export violators from unprocessed public timber purchases
526.831 Contract
cancellation for timber export violation
MISCELLANEOUS
526.900 Review
of state regulations and policies affecting implementation of conservation
strategies
526.905 Management
plans or policies to reduce risk of loss of forest resources
PENALTIES
526.990 Criminal
penalty
526.992 Criminal
and civil penalties for timber export violation
GENERAL PROVISIONS
526.005 Definitions.
As used in this chapter, unless the context otherwise requires:
(1)
“Biomass” means any organic matter, including woody biomass, agricultural
crops, wood wastes and residues, plants, aquatic plants, grasses, residues,
fibers, animal wastes, municipal wastes and other waste materials.
(2)
“Board” means the State Board of Forestry.
(3)
“Certified Burn Manager” means an individual, other than the forester, who is
currently certified under a program established pursuant to ORS 526.360 (3).
(4)
“Department” means the State Forestry Department.
(5)
“Forester” means the State Forester or the authorized representative of the
forester.
(6)(a)
“Forestland” means any woodland, brushland, timberland, grazing land or
clearing that, during any time of the year, contains enough forest growth,
slashing or vegetation to constitute, in the judgment of the forester, a fire
hazard, regardless of how the land is zoned or taxed.
(b)
As used in this subsection, “clearing” means any grassland, improved area,
lake, meadow, mechanically or manually cleared area, road, rocky area, stream
or other similar opening that is surrounded by or contiguous to land described
in paragraph (a) of this subsection and that has been included in areas
classified as forestland under ORS 526.305 to 526.370.
(7)
“Forestry carbon offset” means a transferable unit based on a measured amount
of carbon storage expressed as a carbon dioxide emission equivalent, or other
equivalent standard, and accruing on forestland as live or dead matter in
trees, shrubs, forest litter and soil.
(8)
“Nonindustrial private forest landowner” means any forest landowner who does
not own a forest products manufacturing facility that employs more than six
people.
(9)
“Nonindustrial private forestland” means any forestland owned by a
nonindustrial private forest landowner.
(10)(a)
“Woody biomass” means material from trees and woody plants, including limbs,
tops, needles, leaves and other woody parts, grown in a forest, woodland, farm,
rangeland or wildland-urban interface environment that is the by-product of
forest management, ecosystem restoration or hazardous fuel reduction treatment.
(b)
“Woody biomass” does not mean:
(A)
Wood pieces that have been treated with creosote, pentachlorophenol, copper
chrome arsenic or other chemical preservatives;
(B)
Wood that must be retained under state or federal regulations;
(C)
Wood required for large woody debris recruitment; or
(D)
Municipal solid waste. [Amended by 1961 c.123 §3; 1965 c.253 §1; 1977 c.893 §14;
1997 c.274 §41; 1999 c.101 §1; 2001 c.752 §6; 2009 c.69 §2; 2011 c.276 §3]
STATE BOARD OF FORESTRY; STATE FORESTER;
STATE FORESTRY DEPARTMENT
526.008 State Forestry Department.
The State Forestry Department consists of the State Forester and the deputy,
assistants and employees of the forester, acting under direction of the State
Board of Forestry. [1961 c.123 §1; 1965 c.253 §2]
526.009 State Board of Forestry;
chairperson; terms; vacancies; confirmation; qualifications; removal.
(1) There is created a State Board of Forestry consisting of seven members
appointed by the Governor. The members appointed to the board shall be subject
to confirmation by the Senate as provided in ORS 171.562 and 171.565. The
Governor shall designate one member of the board as chairperson to hold that
position until that member’s term expires or until relieved by the Governor as
provided in subsection (6) of this section. The chairperson shall have such
powers and duties as are provided by the rules of the board.
(2)
The term of office of a member of the board is four years. A member shall be
eligible for reappointment, but no member shall serve more than two consecutive
full terms. In case of a vacancy for any cause, the Governor shall make an
appointment as provided in subsection (1) of this section.
(3)
Appointments made by the Governor under subsection (1) of this section shall
include appointment of at least one member from each of the forest regions
established under ORS 527.640 and the rules adopted thereunder by January 1,
1987.
(4)
No more than three members of the board may derive any significant portion of
their income directly from persons or organizations that are subject to
regulation under ORS 527.610 to 527.770, 527.990 (1) and 527.992.
(5)
Except as provided in subsection (4) of this section, no member of the board
shall have any relationship or pecuniary interest that would interfere with the
member representing the public interest.
(6)
The Governor may at any time remove any member of the board for inefficiency,
incompetence, neglect of duty, malfeasance in office, unfitness to render
effective service or failure to continue to meet the criteria of appointment
pursuant to this section. [1965 c.253 §4; 1973 c.230 §1; 1979 c.394 §1; 1983
c.759 §5; 1987 c.919 §6]
526.010
[Amended by 1953 c.68 §19; 1953 c.372 §22; 1957 c.654 §1; 1959 c.571 §1; 1963
c.63 §1; 1965 c.253 §5; 1967 c.429 §51; 1973 c.230 §2; 1973 c.792 §22; 1975
c.94 §1; 1979 c.394 §2; 1983 c.759 §6; repealed by 1987 c.919 §30]
526.015 [1957
c.654 §3; repealed by 1965 c.253 §153]
526.016 General duties; limits;
compensation and expenses; meetings; rules. (1)
The State Board of Forestry shall supervise all matters of forest policy and
management under the jurisdiction of this state and approve claims for expenses
incurred under the statutes administered by the board except as otherwise
provided by law. Advisory committees may be appointed by the board to make
recommendations concerning any function vested by law in the board.
Notwithstanding any other provisions of law, the board shall not supervise or
direct the State Forester in matters relating to the geographic scheduling,
annual volume and species allocation, appraisals and competitive timber sale
techniques used in the sale of forest products from lands managed under the
provisions of ORS chapter 530.
(2)
The members of the board are entitled to compensation and expenses as provided
in ORS 292.495.
(3)
The board shall meet on the first Wednesday after the first Monday in January,
March, June and September, at places designated by the chairperson of the board
or the State Forester. The board may meet at other times and places in this
state on the call of the chairperson or the State Forester. A majority of the
voting members of the board constitutes a quorum to do business.
(4)
In accordance with the applicable provisions of ORS chapter 183, the board
shall adopt rules to perform the functions defined by statute. [1965 c.253 §6;
1969 c.314 §62; 1973 c.230 §3; 1983 c.759 §8; 1987 c.919 §8]
526.020
[Amended by 1953 c.68 §19; 1955 c.117 §1; repealed by 1965 c.253 §9 (526.041
enacted in lieu of 526.020)]
526.030
[Amended by 1953 c.23 §2; 1955 c.27 §1; 1961 c.123 §4; 1965 c.253 §11;
renumbered 526.046]
526.031 State Forester; deputy and
assistants; compensation. (1) The State Board of Forestry
shall appoint a State Forester, who must be a practical forester familiar with
western conditions and experienced in organization for the prevention of forest
fires. The forester shall be the chief executive officer of the State Forestry
Department. The forester shall hold office at the pleasure of the board, and
shall act as its secretary.
(2)
With the approval of the board and subject to applicable provisions of the
State Personnel Relations Law, the State Forester may appoint a Deputy State
Forester, assistant state foresters and other employees of the department.
During the State Forester’s absence or disability, all authority shall be
exercised by the Deputy State Forester or by the assistant whom the State
Forester or the board, by written order filed with the Secretary of State, has
designated as Acting State Forester.
(3)
The board shall fix the compensation of the State Forester. In addition to
their salaries, the forester, the deputy and assistants shall be reimbursed,
subject to the limitations otherwise provided by law, for their actual and
necessary travel and other expenses incurred in the performance of their
duties. [1965 c.253 §7; 1983 c.759 §13]
526.036 Fidelity bonds.
(1) Before entering upon the duties of office, the forester shall furnish a
fidelity bond in favor of the State of Oregon in the penal sum of $100,000
issued by one or more corporate sureties authorized to do business in the State
of Oregon, conditioned upon the faithful and honest handling and disposition of
the moneys in the State Forestry Department Account and any other moneys in the
hands of the forester. The bond and sureties are subject to approval by the
Director of the Oregon Department of Administrative Services as provided in ORS
291.011.
(2)
The premium for the bond shall be paid from the appropriation of the State
Board of Forestry.
(3)
Except as provided in subsection (1) of this section, the board may require a
fidelity bond, with one or more corporate sureties authorized to do business in
this state, of any officer or employee of the State Forestry Department. The
board shall fix the amount of the bond, which otherwise is subject to
subsections (1) and (2) of this section. [Formerly 526.070; 1967 c.419 §16]
526.040
[Repealed by 1953 c.43 §2]
526.041 General duties of State Forester;
rules. The forester, under the general
supervision of the State Board of Forestry, shall:
(1)
In compliance with ORS chapter 183, promulgate rules consistent with law for
the enforcement of the state forest laws relating directly to the protection of
forestland and the conservation of forest resources.
(2)
Appoint and instruct fire wardens as provided in ORS chapter 477.
(3)
Direct the improvement and protection of forestland owned by the State of
Oregon.
(4)
Collect data relative to forest conditions.
(5)
Take action authorized by law to prevent and extinguish forest, brush and grass
fires.
(6)
Enforce all laws pertaining to forestland and prosecute violations of such
laws.
(7)
Cooperate with landowners, political subdivisions, private associations and
agencies and others in forest protection.
(8)
Advise and encourage reforestation.
(9)
Publish such information on forestry as the forester determines to be in the
public interest.
(10)
Enter into contracts and cooperative agreements pertaining to experiments and
research in forestry.
(11)
Sell, exchange or otherwise dispose of any real property heretofore or
hereafter acquired by the board for administrative purposes and no longer
needed.
(12)
Coordinate any activities of the State Forestry Department related to a
watershed enhancement project approved by the Oregon Watershed Enhancement
Board under ORS 541.932 with activities of other cooperating state and federal
agencies participating in the project.
(13)
Prescribe uniform state standards for certification of wildland fire training
courses and educational programs.
(14)
Serve as the Governor’s authorized representative for the purpose of initiating
the fire management assistance declaration process with the Federal Emergency
Management Agency and administering Federal Emergency Management Agency fire
management assistance grants. [1965 c.253 §10 (enacted in lieu of 526.020);
1969 c.249 §2; 1975 c.605 §27; 1987 c.734 §13; 1993 c.415 §5; 1997 c.413 §5;
2003 c.539 §38; 2011 c.49 §2]
526.046 State Forester to cooperate with
other agencies and persons; contracts for supervision; costs.
(1) Under the direction of the State Board of Forestry, the forester:
(a)
Shall, upon request, and whenever the forester deems that it is in the public
interest, assist and cooperate with any federal or state department or any
institution, political subdivision or person owning or controlling forestland
within this state, in the preparation of plans for their protection,
management, replacement or extension. Unless otherwise provided by law, the
parties obtaining such assistance shall pay the necessary costs of travel,
subsistence and other field expenses incurred by the forester or the assistants
of the forester in the preparation and execution of these plans.
(b)
May enter into contracts with the applicants under which the forester will
supervise the execution of the plans. However, the costs of carrying out the
plans shall be paid by the applicants.
(2)
In carrying out this section the forester may require the applicant to deposit
in one or more installments the moneys needed to cover the cost of preparing
and executing the plans. These deposits shall be placed in the State Treasury,
credited to the State Forestry Department Account and used exclusively for the
purposes of this section. [Formerly 526.030]
526.048 [1977
c.893 §16; renumbered 526.425]
526.050
[Repealed by 1953 c.23 §2]
526.052 Credits for former forest protective
association employees. (1) For purposes of this section,
“forest protective association” or “association” has the meaning for that term
provided in ORS 477.001.
(2)
Subject to subsection (3) of this section, a person employed by a forest
protective association at a time when the association was under contract or
cooperative agreement with the forester or State Board of Forestry by authority
of ORS chapter 477 and this chapter, with specific reference to ORS 477.406 to
477.412, or predecessor statutes, shall receive the following credits when
transferring directly from association employment to employment by the State
Forestry Department:
(a)
Sick leave accrual earned during employment as an association employee.
(b)
Rate of accumulating annual leave based on years of service as an association
employee.
(c)
Credit for current service under the Public Employees Retirement System equal
to periods of service as an association employee as determined by the Public
Employees Retirement Board, if the person, before the effective date of
retirement of the person as a member of the system, applies in writing to the
retirement board for that credit or any part thereof and pays to the retirement
board in a lump sum for credit to the member account of the member an amount
determined by the retirement board to be equal to the total amount of employee
and employer contributions with interest that would have accumulated had the
person been a member of the system as an employee of the State Forestry
Department in a position equivalent to that held by the person for the periods
of service or part thereof as an association employee.
(3)
The credits granted by subsection (2) of this section shall be granted if the
employee makes an immediate transfer from association employment to state
employment, and if the person earned employment credits as an association
employee under standards comparable to laws and rules of the State of Oregon
governing similar credits in state employment.
(4)
Unless the employee transferring to employment with the State Forestry
Department first becomes a member of the Public Employees Retirement System
before January 1, 2000, as described in subsection (6) of this section:
(a)
The employee may acquire credit under subsection (2)(c) of this section only
after the employee has been a member of the Public Employees Retirement System
for at least 60 calendar months; and
(b)
The maximum number of years of retirement credit that a person may acquire
under subsection (2)(c) of this section is five years.
(5)
If a person subject to the limitation imposed by subsection (4)(b) of this
section is also eligible for credit under ORS 238.145, and the person is
subject to the limitation imposed by ORS 238.145 (4), the total years of credit
that the person may acquire under this section and under the provisions of ORS
238.145 may not exceed five years.
(6)
A person becomes a member of the Public Employees Retirement System before
January 1, 2000, for the purposes of this section if:
(a)
The person is a member of the system on January 1, 2000; or
(b)
The person was a member of the system before January 1, 2000, ceased to be a
member of the system under the provisions of ORS 238.095, 238.265 or 238.545
before January 1, 2000, but restores part or all of the forfeited creditable
service from before January 1, 2000, under the provisions of ORS 238.105 or
238.115 after January 1, 2000. [1969 c.249 §5; 1973 c.46 §6; 1987 c.617 §14;
1999 c.317 §13; 2001 c.945 §67]
526.054 Authority of department to require
fingerprints. For the purpose of requesting a state
or nationwide criminal records check under ORS 181.534, the State Forestry
Department may require the fingerprints of a person who:
(1)(a)
Is employed or is applying for employment by the department; or
(b)
Provides services or seeks to provide services to the department as a
contractor or volunteer; and
(2)
Is, or will be, working or providing services in a position:
(a)
That provides forest education or recreation programs for persons under 18
years of age; or
(b)
In which the person investigates or fights wildland fires and the criminal
records check is requested to search for crimes associated with arson. [2005
c.730 §75]
Note:
526.054 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
FUNDS AND FINANCES
526.060 State Forestry Department Account;
subaccounts. (1) Except as provided in ORS 526.121,
530.147 and 530.280, 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 continuously appropriated,
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 continuously appropriated to the State Forestry
Department to be used for urban and community 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 ORS 526.472.
(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. [1957 c.83 §1; 1965 c.253 §12; 1975 c.224 §7;
1989 c.966 §58; 1993 c.388 §5; 2001 c.159 §1; 2007 c.248 §4; 2009 c.831 §18]
526.065 Authority to accept gifts and
other donations for management of state forests and forest legacy programs; use
of moneys in subaccount. (1) The State Forestry
Department may receive gifts, grants, bequests, endowments and donations of
moneys, labor or materials from public and private sources for the purpose of
contributing to the management and enhancement of state forests, including but
not limited to activities such as recreation, education, interpretation,
research and monitoring, cultural resources management and habitat improvement.
(2)
The department may apply for, accept and utilize grants from the federal
government to accomplish the goals of a federal forest legacy program. In
implementing the federal forest legacy program, the department shall ensure
that the program complies with all land use laws and regulations.
(3)
On or before January 15 of each odd-numbered year, the State Forester shall
report to the committee created by ORS 171.555 and to any legislative committee
with responsibility for forestry issues regarding:
(a)
The number and monetary amounts of grants applied for under the federal forest
legacy program;
(b)
The number and monetary amounts of grants awarded under the federal forest
legacy program; and
(c)
The location and disposition of areas affected by the federal forest legacy
program.
(4)
The department shall deposit moneys received under this section into the State
Forest Enhancement Donation Subaccount created under ORS 526.060. The
department may expend moneys, materials or labor received under this section
only for the purposes specified in the gift, grant, bequest, endowment or
donation. If no purpose is specified, the department may use the moneys,
materials or labor for the management and enhancement of state forests. [2001
c.159 §3; 2005 c.745 §1; 2007 c.206 §1]
526.070 [1957
c.83 §22; 1965 c.253 §8; renumbered 526.036]
526.080 [1957
c.83 §25; renumbered 526.131]
526.090 Acceptance and use of moneys under
Agricultural Act of 1956 (soil bank and reforestation provisions).
The forester, under the supervision and direction of the State Board of
Forestry, may receive moneys from the federal government in connection with
cooperative work and programs set out in the Agricultural Act of 1956, as
amended (Public Law 84-540, 70 Stat. 188), particularly the provisions of Title
I (7 U.S.C. 1801 to 1837) and Title IV (16 U.S.C. 568e to 568g), and Acts
amendatory thereof and supplemental or complementary thereto. [1957 c.83 §4;
1965 c.253 §14]
526.095 Clarke-McNary Act accepted; State
Forester is agent of state. The State of Oregon has accepted
the provisions of the Clarke-McNary Act (43 Stat. 653), as amended, and will
observe and comply with the requirements of that Act. The forester, under the
supervision and direction of the State Board of Forestry, is the agent of the
State of Oregon for the purposes of that Act, and may cooperate with the
authorities of the United States having powers and duties under that Act to do
all things necessary to secure to the State of Oregon the benefits of that Act
or Acts amendatory thereof and supplemental or complementary thereto. [1957
c.83 §2; 1965 c.253 §15]
526.105 Disposition of receipts under ORS
526.090 and 526.095. All moneys received pursuant to
the Acts of Congress mentioned in ORS 526.090 and 526.095 shall be paid into
the State Treasury, credited to the State Forestry Department Account, and used
exclusively for the purposes of the respective Acts. [1965 c.253 §17]
526.110
[Repealed by 1953 c.327 §6]
526.111 State Forestry Department Revolving
Account; purposes. (1) Notwithstanding ORS 291.238
or any other law, a revolving account in the sum of $750,000 deposited with the
State Treasurer shall be at the disposal of the forester for the payment of:
(a)
Lawful expenses incurred under the direction of the forester and the State
Board of Forestry in the prevention or suppression of fire and the protection
of forestlands; and
(b)
Miscellaneous bills and extraordinary items which are payable in cash
immediately upon presentation.
(2)
The forester may draw checks upon the State Treasurer in making disbursements
from the revolving account for the purposes stated in this section.
Reimbursement of such disbursements shall be made from funds and accounts
budgeted and allotted for expenses of the State Forestry Department. The
revolving account is not subject to allotment or allocation of moneys pursuant
to ORS 291.234 to 291.260. [1953 c.327 §1; 1965 c.253 §18; 1969 c.249 §1; 1987
c.155 §1; 1997 c.467 §1]
526.120
[Repealed by 1953 c.327 §6]
526.121 Reimbursement of revolving
account; keeping records. (1) Reimbursement vouchers for
claims paid from the revolving account created by ORS 526.111 shall be approved
by the forester. Warrants in payment of the vouchers shall be drawn in favor of
the forester and deposited with the State Treasurer to reimburse the revolving
account.
(2)
The forester shall maintain such records as readily disclose the true status of
vouchers payable from, and checks outstanding against, the revolving account
and the balance to the credit thereof. [1953 c.327 §2; 1957 c.83 §23; 1965
c.253 §19; 1983 c.740 §207]
526.125 Tillamook Forest Interpretive
Center Fund; sources; use of moneys in fund. (1)
The State Forestry Department may receive and disburse gifts, grants, bequests,
endowments and donations of labor and material from public and private sources
for the purpose of developing and operating a forest interpretation and
education center in the Tillamook State Forest.
(2)
The Tillamook Forest Interpretive Center Fund is created in the State Treasury,
separate and distinct from the General Fund. All moneys received by the State
Forestry Department under subsection (1) of this section shall be paid into the
State Treasury and credited to the Tillamook Forest Interpretive Center Fund.
All interest earned by the fund shall be credited to the fund.
(3)
All moneys in the Tillamook Forest Interpretive Center Fund are continuously
appropriated to the State Forestry Department and may be expended only for the
purposes specified in the gift or donation, or, if no purpose is specified,
only for the purpose of forest interpretation and education. [1999 c.928 §1]
Note:
526.125 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
526.130
[Repealed by 1953 c.327 §6]
MANAGEMENT OF EQUIPMENT AND PROPERTY
526.131 Purchase or acceptance of federal
surplus property. Subject to the allotment
provisions of ORS 291.238, the State Forester and State Board of Forestry
hereby are authorized to purchase or accept excess and surplus property from
the United States. [Formerly 526.080]
526.135 Leasing departmental equipment to
federal agency. The forester, with the approval
of the State Board of Forestry, may lease equipment that is under the
jurisdiction and control of the forester and board to any agency of the United
States. However:
(1)
The lease must include a reasonable rental fee and require the lessee to
maintain the equipment during the lease period; and
(2)
The federal agency must be a cooperator with the forester and board in common
activities and programs for which the equipment is leased. [1965 c.87 §2]
526.140
[Repealed by 1953 c.327 §6]
526.142 Definition for ORS 526.142 to
526.152. As used in ORS 526.142 to 526.152, “equipment”
includes the necessary materials and supplies for the operation of equipment in
the equipment pool authorized by ORS 526.144. [1965 c.253 §21]
526.144 Equipment pool; participation.
(1) The equipment pool operated by the forester and the State Board of
Forestry, which furnishes transportation and equipment for the various
activities and programs of the board, is for the acquisition, operation, storage,
maintenance and replacement of equipment. Notwithstanding any other law, the
forester, under the direction of the board, may:
(a)
Determine each activity or program of the board that shall participate in the
equipment pool, and in so doing, cause the transfer of moneys from the account
representing such activity or program in an amount determined advisable for
equipment pool purposes. However, in each instance the transfer of moneys must
be based on the proportionate use of the equipment pool, or the proposed use
thereof, by the activity or program.
(b)
Transfer equipment to the equipment pool, which items of transfer are owned by
the State of Oregon and under the jurisdiction of the board or forester. In
such event the records shall reveal the cash value of the transferred items as
of the date of the transfer.
(2)
Forest protective associations or agencies under contract or cooperative
agreement with the board pursuant to ORS 477.406 may, with the approval of the
board, participate in the equipment pool for the purposes of the contract or
agreement. Participation by such an association or agency shall be on the same
basis as an activity or program of the board that participates in the equipment
pool. [1965 c.253 §22]
526.146 Charges.
(1) All items transferred under ORS 526.144, together with any equipment
purchased from moneys transferred to the equipment pool, are available for all
activities or programs participating in the equipment pool. However, upon use
of such equipment for any activity or program, a reasonable use charge shall be
made against such activity or program. The charge shall be based upon the
maintenance and replacement costs for the equipment used, including operational
expenses.
(2)
At the end of each month the forester, under the supervision and direction of
the State Board of Forestry, shall render a statement on a basis of mileage or
rental against each activity or program for transportation or equipment used or
furnished for such activity or program. Administrative costs in connection with
the operation of the equipment pool shall be included in the computation of the
mileage or rental statement. The forester shall at all times keep records
showing the mileage and rental charges, and against which activity or program
the charges are a claim. The amount specified in the statement shall be a
charge against the moneys available for such activity or program. All amounts
so charged shall be credited to the State Forestry Department Account and,
notwithstanding ORS 291.238, are available and shall be used exclusively for:
(a)
The acquisition, operation, storage, maintenance, repair and replacement of
equipment by the forester;
(b)
Administrative expenses of the forester and the board in connection therewith;
and
(c)
The payment of insurance premiums for such equipment. [1965 c.253 §23]
526.148 Leasing communication equipment.
(1) The forester and State Board of Forestry may lease communication equipment
owned or acquired under ORS 526.144 to any forest protective association or agency
under contract or agreement with the board for the protection of forestland
against fire. However, the communication equipment may be used only for
purposes of the forest protection system designated in ORS 477.005. Any lease
so made must provide for a rental at the current rates established for the
equipment pool. All amounts so charged shall be credited as provided in ORS
526.146.
(2)
At the option of the board, the lease agreements made under this section may be
merged under the equipment pool administration and equities set forth in ORS
526.152. [1965 c.253 §24]
526.150
[Repealed by 1953 c.327 §6]
526.152 Disposition of equipment;
termination of pool. (1) Any proceeds from the sale
or other disposition of equipment of the equipment pool shall be credited to
the State Forestry Department Account for equipment pool purposes.
(2)
Should the equipment pool be terminated by the State Board of Forestry, each
activity or program shall have an equity in the moneys of the pool and in the
cash value of the equipment and personalty of the pool. The equity shall be in
proportion to the amount of moneys and value of the equipment and personalty
transferred to the pool under ORS 526.144. By this subsection, each activity or
program participating in the equipment pool has a continuing and recognized
interest in the total value of the pool so long as the equipment pool exists
unless otherwise such equity is purchased. [1965 c.253 §25]
526.156 Forest Trust Land Advisory
Committee; membership; advisory function. (1) A
Forest Trust Land Advisory Committee is established to be composed of the board
of directors of the Council of Forest Trust Land Counties.
(2)
Members may receive reimbursement for actual and reasonable traveling and other
expenses necessarily incurred in performing official duties. This reimbursement
shall not be deemed lucrative.
(3)
The committee shall advise the State Board of Forestry and the State Forester
on the management of lands subject to the provisions of ORS 530.010 to 530.170
and on other matters in which counties may have a responsibility pertaining to
forestland. The board and the State Forester shall consult with the committee
with regard to such matters. [Formerly 527.735; 1997 c.120 §1]
526.160 [1953
c.74 §1; 1957 c.83 §9; 1959 c.61 §1; 1963 c.242 §1; repealed by 1965 c.253 §153]
ACQUISITION AND DISPOSITION OF REAL
PROPERTY
526.162 Taking title in fee simple.
In all cases where a title in fee simple to real property is acquired by the
State Board of Forestry under ORS 526.166 or 526.168, such title shall be taken
in the name of the State of Oregon. [Formerly 526.176]
526.164 Exchange of property.
The State Board of Forestry may convey to any person all or parts of the real
property described in ORS 526.166 or 526.168, in exchange for other property,
real or personal, which, in the judgment of the board, is of equal or superior
value for public use. [Formerly 526.174]
526.166 Acquisition of real property by
purchase, agreement or donation. In addition
to any authority otherwise granted by law, the State Board of Forestry may
acquire, by purchase, agreement or donation, real property or any interest
therein, including easements and ways, found necessary by the board for:
(1)
Rights of way to lands of the state, which lands are under the management or
jurisdiction of the board or forester.
(2)
Forest patrol sites, administrative sites, nursery sites, communication sites,
construction of shops, equipment sheds and office buildings.
(3)
Quarry sites, gravel pits and rights of way for pipelines, communication lines
and power lines.
(4)
Any other use or purpose necessary in carrying out the powers and duties of the
board or forester. [1965 c.253 §29]
526.168 Acquisition of real property by
eminent domain. In addition to any authority
otherwise granted by law, the State Board of Forestry may acquire, by the
exercise of the power of eminent domain, real property or any interest therein,
including easements and ways, found necessary by the board for:
(1)
Rights of way to lands of the state, which lands are under the management or
jurisdiction of the board or forester.
(2)
Forest patrol or communication sites.
(3)
Rights of way for pipelines, communication lines and power lines. [1965 c.253 §30]
526.170 [1953
c.71 §1; repealed by 1957 c.83 §26]
526.172 [1959
c.287 §1; repealed by 1965 c.253 §153]
526.174 [1959
c.287 §2; 1965 c.253 §27; renumbered 526.164]
526.176 [1959
c.287 §3; 1965 c.253 §26; renumbered 526.162]
526.178 Going upon private property.
The State Board of Forestry, or any duly authorized representative of the
board, may go upon private property in the manner provided by ORS 35.220 to
determine the advisability or practicability of acquiring real property or any
interest in real property. [1959 c.287 §4; 2003 c.477 §6]
526.180 [1959
c.287 §5; repealed by 1971 c.741 §38]
526.182 [1959
c.287 §6; repealed by 1971 c.741 §38]
526.184 [1959
c.287 §7; repealed by 1971 c.741 §38]
526.186 [1959
c.287 §8; repealed by 1971 c.741 §38]
526.188 [1959
c.287 §9; repealed by 1971 c.741 §38]
526.190 [1959
c.287 §10; repealed by 1971 c.741 §38]
526.192 Attorney General to conduct
proceedings. After request of the State Board of
Forestry pursuant to ORS 35.235 (1), the Attorney General shall commence and
prosecute, in any court of competent jurisdiction in the name of the State of
Oregon, the necessary or appropriate suit, action or proceeding for
condemnation of the amount of or interest in the property required for such
purposes, and for the assessment of the damages for the taking thereof. [1959
c.287 §12; 1983 c.740 §208]
526.194 Disposition or leasing of
property. The State Board of Forestry may sell,
lease, exchange, permit use of or otherwise dispose of any real property, or
interest therein, acquired pursuant to ORS 526.162 to 526.194, when, in the
judgment of the board, such will best serve the interests of the state. In the
case of real property, interest in or title to the same may be conveyed by deed
or other instrument executed in the name of the state, by and through the
board. All funds or moneys derived from the sale or lease of any such property
shall be paid by the board to the State Treasurer and by the State Treasurer
credited to the funds from which moneys originally were used for the
acquisition of the property involved. [1959 c.287 §11]
526.210
[Amended by 1953 c.376 §3; 1955 c.13 §1; repealed by 1961 c.297 §12]
FOREST RESEARCH AND EXPERIMENTATION
526.215 State Board of Higher Education to
conduct research and experimentation programs.
To aid in the economic development of the State of Oregon, the State Board of
Higher Education shall institute and carry on research and experimentation to
develop the maximum yield from the forestlands of Oregon, to obtain the fullest
utilization of the forest resource, and to study air and water pollution as it
relates to the forest products industries. [1961 c.297 §2(1); 1967 c.377 §6]
526.220
[Amended by 1957 c.238 §1; repealed by 1961 c.297 §12]
526.225 Forest Research Laboratory;
cooperative programs; advisory committee. (1)
The State Board of Higher Education shall establish a Forest Research
Laboratory at Oregon State University and shall cooperate with individuals,
corporations, associations and public agencies wherever and whenever advisable
to further the purposes of ORS 526.215, and may enter into any necessary
agreements therefor.
(2)
In order that there may be close coordination between the research and
experimentation programs and the wise management and use of Oregon’s forests
for the production of goods and services that benefit all its citizens, the
State Board of Higher Education shall appoint a Forest Research Laboratory
Advisory Committee composed of 15 members. Nine members shall be individuals
who are actively and principally engaged in timber management on forestlands,
harvesting or the processing of forest products, one of whom shall be from a
small woodland owner’s association, three members shall be individuals who are
the heads of state and federal public forestry agencies and three members shall
be individuals from the public at large. No individual who is a public member
may have any relationship or pecuniary interest that would interfere with that
individual representing the public interest. The advisory committee shall
render practical counsel in the fields of forest management and use and forest
harvest and utilization as they relate to the economic and social well-being of
the people of Oregon. [1961 c.297 §2(2); 1965 c.253 §31; 1965 c.433 §1; 1975
c.96 §1; 1991 c.223 §1]
526.230
[Repealed by 1961 c.297 §12]
FOREST TREE SEEDLINGS
526.231 Findings.
The Legislative Assembly finds and declares that:
(1)
Nonindustrial private forests make a vital contribution to Oregon by providing
jobs, products, an expanded tax base and other social and economic benefits.
(2)
Providing a source of forest tree seedlings to owners of nonindustrial private
forests is essential to securing the benefits described in subsection (1) of
this section. [2005 c.541 §1]
Note:
526.231, 526.233 and 526.237 were enacted into law by the Legislative Assembly
but were not added to or made a part of ORS chapter 526 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
526.233 Application of antitrust laws.
The Legislative Assembly intends that ORS 526.237 and the amendments to ORS
526.235 by section 4, chapter 541, Oregon Laws 2005, authorize the displacement
of competition in the forest tree seedling industry to a limited degree. The
regulatory program of the State Forester described in ORS 526.237 is intended
to grant immunity from state and federal antitrust laws to a cooperative and
its members that enter into an agreement with the forester or the State Board
of Forestry for the members to produce nonindustrial private forest tree
seedlings for the forester and the board. The activities that any person
performs in compliance with ORS 526.237 may not be considered in restraint of
trade, a conspiracy or combination or any other unlawful activity in violation
of ORS 646.705 to 646.805 or federal antitrust laws. [2005 c.541 §2]
Note: See
note under 526.231.
526.235 State forest nursery; securing
seedlings; sale of seedlings and stock; disposition of sales receipts.
(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 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. [1971 c.59 §2; 2005 c.541 §4; 2007 c.248 §1]
526.237 Acquisition of forest tree
seedlings; agreements with grower cooperatives; fees.
(1) As used in this section:
(a)
“Cooperative” means a cooperative of forest tree seedling growers formed under
ORS chapter 62 for the purpose of allocating among those growers agreements to
grow forest tree seedlings under this section.
(b)
“Member” means a grower who qualifies and is accepted for membership in the
cooperative.
(2)
The State Forester and the State Board of Forestry may secure forest tree
seedlings for the reforestation of forestlands by means that include, but need
not be limited to, entering into agreements with a cooperative to allocate
among the members of the cooperative the production of forest tree seedlings
for the forester and the board in amounts, types and species specified by the
board.
(3)
The forester shall actively supervise the conduct of the cooperative and
members in carrying out agreements described in subsection (2) of this section
to ensure that the activities of the cooperative and members are consistent
with the provision of a reasonably priced, adequate and reliable source of
high-quality forest tree seedlings. The forester may inspect during reasonable
hours any facility or land used by a member to produce forest tree seedlings
for the forester and the board. The forester may examine, test and take samples
of forest tree seedlings being produced by the member for the forester and the
board.
(4)
The forester may assess a charge on forest tree seedlings grown by a member
under a production allocation. Any charges collected under this subsection
shall be deposited in the State Forestry Department Account and are
continuously appropriated to the forester for purposes of carrying out the
duties of the forester under this section. [2005 c.541 §3]
Note: See
note under 526.231.
526.240
[Repealed by 1961 c.297 §12]
526.245 [1971
c.59 §3; repealed by 2005 c.22 §376]
526.250
[Amended by 1953 c.324 §2; 1957 c.83 §10; repealed by 1961 c.297 §12]
MANAGEMENT REPORTS
526.255 Long range management, marketing
and harvest report. The forester shall submit a
biennial report to the Governor and to those committees of the Legislative
Assembly with responsibility for forestry matters. The report shall contain
matters that include, but are not limited to:
(1)
The long range management plans based on current resource descriptions and
technical assumptions, including sustained yield calculations for the purpose
of maintaining economic stability in each management region.
(2)
Marketing, reforestation and intensive management programs for the last
completed biennium and the current biennium, and projected programs for the
ensuing biennium. The marketing report shall include volume and value of new
sales, volume and value of timber harvested and timber sales receipts
distributed to counties and to the Common School Fund.
(3)
The programmed harvest level on federal lands or federal policy changes that
would impact that level of harvest on lands in Oregon. [1983 c.759 §15]
526.260 [1953
c.376 §3; repealed by 1961 c.297 §12]
526.265 Hearings to publish report and
receive testimony; management regions. (1) The State
Forester may conduct biennial public hearings in each management region to report
the matters included in ORS 526.255 and to accept public testimony.
(2)
For the purpose of this section and ORS 526.255, the following forest
management regions are established:
(a)
Northwest Region, consisting of Clatsop, Columbia, Tillamook, Washington and
Yamhill Counties.
(b)
Willamette Region, consisting of Multnomah, Clackamas, Marion, Polk, Lincoln,
Benton, Linn and Lane Counties.
(c)
Southern Region, consisting of Douglas, Coos, Curry, Josephine and Jackson
Counties.
(d)
Eastern Region, consisting of Hood River, Wasco, Gilliam, Sherman, Morrow,
Umatilla, Union, Wallowa, Jefferson, Wheeler, Grant, Baker, Deschutes, Crook,
Klamath, Lake, Harney and Malheur Counties. [1983 c.759 §16]
526.270 [1953
c.332 §3; repealed by 1961 c.297 §12]
FOREST HEALTH AND MANAGEMENT INITIATIVES
(Federal Forest Management)
526.271 Findings.
The Legislative Assembly finds and declares that:
(1)
The State Forestry Department is well-positioned, due to experience in managing
Oregon forests and its understanding of science-based, active forest
management, to facilitate state government participation in forest management
on federal lands located within the state.
(2)
The State Department of Fish and Wildlife has expertise with fish and wildlife
habitat and the Department of Environmental Quality has expertise with water
quality. Both departments have an important role to play in the management of
federal forests located within the state.
(3)
A collaborative relationship between the State Forestry Department, the federal
government, other agencies of the executive department, as defined in ORS
174.112, interested persons and nongovernmental organizations may restore the
health, diversity and resilience of federal forests by increasing the
information shared and by providing a variety of perspectives on site-specific
and landscape-level determinations.
(4)
In cooperation with the State Forestry Department and the federal government,
many communities in wildfire-prone areas have completed a community wildfire
protection plan that identifies priority areas for hazardous fuel removal from
federal lands.
(5)
The federal government has provided opportunities for agencies of the executive
department, as defined in ORS 174.112, to become involved, to a greater extent,
in the management of federal lands. [2005 c.772 §1]
Note:
526.271, 526.274, 526.277 and 526.280 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 526 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
526.274 Authority to participate in federal
forest management. In furtherance of the policy
established in ORS 526.271, the State Board of Forestry, in consultation with
the Governor, may:
(1)
In conformance with federal law, including Public Law 108-7, direct the State
Forester to facilitate the development of stewardship contracts utilizing
private contractors and, when appropriate, to seek and enter into a stewardship
contract agreement with federal agencies to carry out forest management
activities on federal lands. The State Forester may, under the stewardship
contract agreements:
(a)
Perform road and trail maintenance;
(b)
Set prescribed fires to improve forest health, composition, structure and
condition;
(c)
Manage vegetation;
(d)
Perform watershed restoration and maintenance;
(e)
Restore wildlife habitat;
(f)
Control exotic weeds and species; and
(g)
Perform other activities related to stewardship.
(2)
Create a forum for interagency cooperation and collaborative public involvement
regarding federal forest management issues that may include, at the discretion
of the board, the appointment of advisory committees, the use of existing
advisory committees and procedures for holding public hearings.
(3)
Provide guidelines for the State Forestry Department and State Forester to
follow that contain directions regarding the management of federal lands and
that specify the goals and objectives of the board regarding the management of
federal lands.
(4)
Participate, to the extent allowed by federal law, in the development of
federal forest policies and the forest management planning processes of federal
agencies.
(5)
Provide guidelines for the department to follow in implementing this section.
(6)
Coordinate with Oregon State University, the State Department of Fish and
Wildlife, the Oregon Forest Resources Institute, the Department of
Environmental Quality, the Oregon Business Development Department, the State
Department of Energy and other agencies of the executive department, as defined
in ORS 174.112, to assist the State Forestry Department in carrying out the
provisions of this section. [2005 c.772 §2]
Note: See
note under 526.271.
(Forest Health)
526.277 Findings.
The Legislative Assembly finds and declares that:
(1)
Forestlands in federal, state and private ownership comprise some of the most
important environmental, economic and recreational resources in the State of
Oregon. However, federal lands, and to a lesser extent state and private lands,
are increasingly jeopardized by the risk of drought-induced mortality, severe
insect and disease outbreaks and catastrophic wildfires.
(2)
Enhancing forest health, wildlife habitat and other ecological values and
reducing the risk of severe insect and disease outbreaks and catastrophic
wildfires through forest management are of interest to the residents of this
state. Federal and state funds have not proved sufficient to carry out the
management activities necessary to achieve these goals on federal lands, and it
is unlikely that the funds will be available on a continuous basis.
(3)
The development of new market-based solutions to reduce the risk of severe
insect and disease outbreaks and catastrophic wildfires may reduce the
requirement for public funding. The development of biomass markets, including
energy markets, that use woody biomass unsuitable for lumber, pulp and paper
products as a primary source of raw material may assist in the creation of a
sustainable, market-based model for restoring complexity and structure to
Oregon’s forests.
(4)
A biomass-based industry may provide a renewable source of energy, reduce net
greenhouse gas emissions, reduce air pollution from wildfires, improve fish and
wildlife habitat, create jobs and provide economic benefits to rural
communities. Through the collection and conversion of woody biomass, ancillary
benefits may be realized through the improvement in forest health, the
protection of infrastructure and the stabilization of soils within critical watersheds.
(5)
The collection and conversion of woody biomass diminishes fuel loads and is an
ecologically and economically sustainable practice where the reintroduction of
fire is not appropriate.
(6)
The policy of this state is to support efforts to build, and place in service,
biomass-fueled energy production facilities that utilize biomass collected from
forests or derived from other sources such as agricultural crop residue when:
(a)
The facilities utilize sustainable supplies of biomass from cost-effective
sources;
(b)
The use of woody biomass for energy maintains or enhances the biological
productivity of the land, taking into consideration transportation costs,
existing forest conditions, management objectives, vegetation growth rates and
the need to sustain water quality and fish and wildlife habitat; and
(c)
The set of forest values to be sustained, in addition to wood and biomass for
energy, is considered. Forest values include forest products, water, wildlife
and recreation. [2005 c.772 §3; 2011 c.276 §4]
Note: See
note under 526.271.
526.280 Responsibilities of State
Forester; woody biomass utilization; report. In
furtherance of the policy established in ORS 526.277, the State Forester shall:
(1)
Establish a policy of active and inclusive communication with the federal
government, public bodies as defined in ORS 174.109, residents of Oregon and
interested parties regarding the utilization of woody biomass produced through
forest health restoration. The State Forester shall actively utilize the
statutory provisions of the National Forest Management Act of 1976, the Forest
and Rangeland Renewable Resources Planning Act of 1974, the National
Environmental Policy Act of 1969, the Federal Land Policy and Management Act of
1976 and the Healthy Forests Restoration Act of 2003 that allow the state to
participate in federal policy development in a manner that expresses the policy
established in ORS 526.277.
(2)
Promote public involvement in the identification of the areas of interface
between urban lands and forestlands that pose the highest potential to threaten
lives and private property.
(3)
Solicit public comment on the location of biomass-based energy projects and
conversion facilities.
(4)
Promote public understanding, through education and outreach, of forest
conditions, forest management options, the potential benefits and potential
consequences of woody biomass utilization, the quality and quantity of woody
biomass on federal lands and the potential for woody biomass utilization to
assist in reducing wildfire risk and in enhancing forest health, diversity and
resilience. The State Forestry Department may coordinate with the State
Department of Energy, the Oregon Business Development Department, Oregon State
University, the State Department of Fish and Wildlife, the Department of
Environmental Quality and other entities in any education and outreach
performed pursuant to this subsection.
(5)
Assess the types of woody biomass available and serve as an information
resource for persons seeking to utilize woody biomass for energy development.
Notwithstanding ORS 192.501, reports on any assessment of woody biomass
conducted by the State Forester shall be made available for public inspection.
(6)
Promote public understanding that woody biomass utilization may be an effective
tool for restoration of forest health and for economic development in rural
communities.
(7)
Develop and apply, with advice from the forestry program at Oregon State
University, the State Department of Fish and Wildlife, the Department of
Environmental Quality and other sources, the best available scientific
knowledge and technologies pertaining to forest and wildlife habitat
restoration and woody biomass utilization when developing rules under ORS
527.630.
(8)
Seek opportunities to provide a source of woody biomass from federal, tribal,
state and private forests.
(9)
Periodically prepare a report utilizing, to the greatest extent practicable,
data collected from state and federal sources that specify the effect of woody
biomass collection and conversion on the plant and wildlife resources and on
the air and water quality of this state. The report shall identify any changes
that the State Forester determines are necessary to encourage woody biomass
collection and conversion and to avoid negative effects on the environment from
woody biomass collection and conversion. The State Forester shall submit the
report to the Governor and to an appropriate legislative interim committee with
jurisdiction over forestry issues. [2005 c.772 §4; 2011 c.276 §5]
Note: See
note under 526.271.
526.285 Contracts for providing woody
biomass from state-managed forestlands.
Notwithstanding ORS 530.059, the State Forester may enter into contracts under
ORS 530.050 to provide a supply of woody biomass from forestlands managed by
the State Forestry Department as needed to facilitate the development of
projects, including but not limited to bioenergy projects. The department shall
ensure that the provisions of contracts described in this section comply with
applicable state forestland management plans. A contract described in this
section is a sale of timber for purposes of the public contracting exemption
described in ORS 279A.025 (2)(L). [2011 c.276 §2]
FORESTLAND CLASSIFICATION
526.305 Definitions for ORS 526.305 to
526.370. As used in ORS 526.305 to 526.370,
unless the context requires otherwise:
(1)
“Committee” means a forestland classification committee.
(2)
“Governing body” means the board of county commissioners or county court of a
county, as the case may be. [1965 c.253 §33; 2009 c.69 §3]
526.310 Forestland classification
committees; rules. (1) Pursuant to a request by the
State Forester:
(a)
The governing body of a county may establish a forestland classification
committee of six persons, of whom one shall be appointed by the State Forester,
one by the Director of the Oregon State University Extension Service, one by
the State Fire Marshal and three by the governing body. Of the members
appointed by the governing body, one must be an owner of forestland, and, if
the land to be investigated and studied by the committee includes or is
expected to include grazing land, one must be an owner of grazing land; or
(b)
The governing bodies of two or more counties may, by written agreement,
establish a joint forestland classification committee. One member of a joint
committee shall be appointed by the State Forester, one by the Director of the
Oregon State University Extension Service and one by the State Fire Marshal.
The governing body of each participating county shall appoint two members. Of
the members appointed by a governing body to a joint committee, one must be an
owner of forestland.
(2)
Each appointing authority shall file with the State Forester the name of its
appointee or appointees, and the persons so named shall constitute the
committee. Unless otherwise provided for by the appointing authority, members
of the committee shall serve a term of four years and may be reappointed to any
number of terms. Each member of the committee at all times is subject to
replacement by the appointing authority, effective upon the filing with the
State Forester by that authority of written notice of the name of the new
appointee.
(3)
The committee shall elect from among its members a chair and a secretary and
may elect other officers as it finds advisable. It shall adopt rules governing
its organization and proceedings and the performance of its duties, and shall
keep written minutes of all its meetings.
(4)(a)
The governing body of a county may provide for the committee and its members
such accommodations and supplies and such county funds not otherwise
appropriated as the governing body finds necessary for the proper performance
of the committee’s functions.
(b)
The forester may provide for the committee and its members such accommodations
and supplies and such forest protection district funds as the forester finds
necessary for the proper performance of the committee’s functions.
(5)
The members of the committee shall receive no compensation for their services
but a governing body or a forest protection district may reimburse them for
their actual and necessary travel and other expenses incurred in the
performance of their duties. [Amended by 1965 c.253 §34; 1967 c.429 §30; 1997
c.274 §42; 2009 c.69 §4]
526.320 Determination of forestland.
Upon establishment of a forestland classification committee under ORS 526.310,
the committee shall periodically investigate and study all land within the
boundaries of its county or counties and determine which of the land is
forestland. Such determination shall take into consideration climate,
topography, elevation, rainfall, soil conditions, roads, extent of fire
hazards, recreation needs, scenic values, and other physical, economic and
social factors and conditions relating to the land involved. [Amended by 1965
c.253 §35; 1967 c.429 §31; 2009 c.69 §5]
526.324 Classification of forestland by
committee; publication. (1) Upon the basis of its
investigation and determination under ORS 526.320, a committee shall assign all
forestland within the boundaries of its county or counties and within a forest
protection district to one of the following classifications:
(a)
Class 1, timber class, includes forestland suitable for the production of
timber and may include lands on which structures are present.
(b)
Class 2, timber and grazing class, includes forestland suitable for joint use
for timber production and the grazing of livestock and may include lands on
which structures are present.
(c)
Class 3, agricultural class, includes forestland suitable for grazing of
livestock or other agricultural use and may include lands on which structures
are present.
(2)
The committee shall adopt preliminary classifications and shall cause notice
thereof to be published once a week for two consecutive weeks in one or more
newspapers of general circulation within the boundaries of its county or within
the boundaries of each of its counties and to be posted in three public places
within the boundaries of its county or within the boundaries of each of its
counties. The notice shall state the time and place for the public hearing
required pursuant to ORS 526.328 and where maps of the preliminary
classifications may be inspected. [1965 c.253 §37; 1967 c.429 §32; 2009 c.69 §6]
526.328 Hearing; final classification.
(1) The committee shall hold a public hearing within the boundaries of its
county or within the boundaries of each of its counties at the time and place
stated in the notice published under ORS 526.324 (2), or at such other time and
place as the hearing may then be adjourned to, to receive from any interested
persons objections, remonstrances or suggestions relating to the preliminary
classifications. Following the hearing the committee may make such changes to
the preliminary classifications as it finds to be proper, and thereafter shall
adopt final classifications.
(2)
All action by the committee in adopting final classifications shall be by
formal written order that must include a statement of findings of fact on the
basis of which the order is made and must include a list of tax lots affected
by the classifications or reclassifications. The committee shall prepare one or
more maps showing the final classifications, but the maps may not be included
as part of the formal written order. The original of the order shall be filed
with the county clerk of its county or with the county clerk of each of its
counties. The order need not meet the requirements of ORS 205.232, 205.234 and
205.236 to be filed and recorded. A copy of the order certified by the
secretary of the committee shall be sent to the State Forester. [1965 c.253 §38;
2009 c.69 §7]
526.330
[Repealed by 1965 c.253 §153]
526.332 Appeal.
(1) Any owner of land classified under ORS 526.328 or 526.340 who is aggrieved
by the classification may, within 30 days after the date of the order making
the classification, appeal to the circuit court for the county in which the
property is located. If the forestland classification committee has been
established for more than one county and the property is located in more than
one of those counties, the owner of the land may appeal to the circuit court
for any of those counties. Notice of an appeal shall be promptly served on the
secretary of the committee or, if the classification was made under ORS
526.340, on the State Forester.
(2)
The appeal shall be tried by the circuit court as an action not triable by
right to a jury. [1965 c.253 §39; 1979 c.284 §163; 2009 c.69 §8]
526.335 State Board of Forestry rules.
The State Board of Forestry may adopt rules as necessary to implement ORS
526.305 to 526.340. [2009 c.69 §11]
526.340 Classification by State Forester.
(1) The State Forester may identify and classify forestland in a county,
consistent with ORS 526.324 and 526.328, if:
(a)
The governing body of a county has failed to establish a forestland
classification committee within two years after the State Forester made a
request under ORS 526.310 (1);
(b)
A forestland classification committee has failed to adopt and file a final
classification pursuant to ORS 526.328 within the five-year period after the
date the forestland classification committee was first established; or
(c)
A forestland classification committee has failed to act in a manner consistent
with ORS 526.310, 526.320, 526.324 and 526.328.
(2)
Classifications by the State Forester have the same force and effect as though
made by a forestland classification committee. However, classifications made by
the State Forester cease to be effective if replaced by classifications made pursuant
to ORS 526.320, 526.324 and 526.328. [Amended by 1965 c.253 §40; 1997 c.274 §43;
2009 c.69 §9]
526.350 Policy in administering forest and
fire laws; contracts for care of forestland. (1)
All forest laws relating to forestland classified pursuant to ORS 526.328 or
526.340, and all rules promulgated under such laws, shall be so administered as
best to promote the primary use for which that land is classified. Any contract
by the State Board of Forestry or the State Forester with any forest protective
association or agency for the care of any such forestland shall provide that
the care shall be in accord with the provisions of this section relating to
that land.
(2)
It shall be the policy of the board and the forester as to all forestland
classified in:
(a)
Class 1, to give primary consideration to timber production and reforestation,
in preference to grazing or agricultural uses, not excluding, however,
recreation needs or scenic values.
(b)
Class 2, to give equal consideration and value to timber production and the
development or maintenance of grazing, either as a temporary use for the
interim between logging and reforestation or as a permanent or semipermanent
joint use.
(c)
Class 3, to give primary consideration to the development of grazing or agriculture,
in preference to timber production.
(3)
The forester, on forestland classified pursuant to ORS 526.328 or 526.340,
shall administer the forest laws of this state in accordance with the policy
stated in this section as it applies to the land involved. [Amended by 1965
c.253 §41]
526.360 State Forester to assist in
developing forestland for agricultural uses; supervision of certain burning;
refusal of supervision or permit; Certified Burn Manager program; rules;
liability for damage. (1) The State Board of Forestry
and the forester may assist to the extent possible in developing, for forestry,
grazing or agricultural uses, all forestland classified pursuant to ORS 526.328
or 526.340 for such uses, including the burning of brush or other flammable
material for the purpose of:
(a)
Removing a fire hazard to any property;
(b)
Preparing seed beds;
(c)
Removing obstructions to or interference with the proper seeding or
agricultural or grazing development or use of that land;
(d)
Promoting the establishment of new forest crops on cutover, denuded or
underproductive lands;
(e)
Implementing pest prevention and suppression activities, as provided in ORS
527.310 to 527.370; or
(f)
Promoting improvements to forest health, including improvements to fish and
wildlife habitat.
(2)
Upon request of the owner or the agent of the owner of any forestland
classified pursuant to ORS 526.328 or 526.340, the forester may perform or
supervise burning operations thereon for any of the purposes stated in
subsection (1) of this section. The owner or the agent of the owner shall
supply such personnel and equipment and shall perform such fire control actions
and activities as the forester may require while there is danger of the fire
spreading. The forester may refuse to perform or supervise burning or to issue
any burning permit when, in the judgment of the forester, conditions so
warrant.
(3)
To accomplish the purposes set forth in subsection (1) of this section, the
State Board of Forestry may establish by rule a Certified Burn Manager program.
The rules shall include:
(a)
Certification standards, requirements and procedures;
(b)
Standards, requirements and procedures to revoke certification;
(c)
Actions and activities that a Certified Burn Manager must perform;
(d)
Actions and activities that a Certified Burn Manager may not allow or perform;
(e)
Limitations on the use of a Certified Burn Manager; and
(f)
Any other standard, requirement or procedure that the board considers necessary
for the safe and effective administration of the program.
(4)
When any burning for any of the purposes stated in subsection (1) of this
section on forestland classified pursuant to ORS 526.328 or 526.340 is started
under the supervision of and supervised by the forester or a Certified Burn
Manager, no person shall be liable for property damage resulting from that
burning unless the damage is caused by the negligence of the person. [Amended
by 1965 c.253 §42; 1967 c.429 §33; 1999 c.101 §2]
526.370 Seeding agreements as condition of
supervision of burning on forestlands; seeding at owner’s expense on breach;
lien; foreclosure. (1) The forester may, as a
condition precedent to supervising of any burning as provided in ORS 526.360,
require the owner or the agent of the owner in control of the land involved to
agree in writing to seed properly the land over which the burning operation is
to be conducted, with such seed or seed mixtures as may be suitable for that
area.
(2)
In the event of failure by the owner or agent of the owner to seed the property
in accordance with such agreement, the governing body of that county may cause
the seeding to be done and the cost thereof may be recovered by the governing
body from the owner or the agent of the owner by legal action. The cost shall
constitute a lien upon the land seeded. The governing body shall cause a
written statement and notice of such lien, describing the land and stating the
amount of the cost, to be certified under oath and filed in the office of the
county clerk within 90 days following the completion of reseeding. The lien may
be foreclosed, within six months after such filing, by suit, in the manner
provided by law for foreclosure of liens for labor and material. [Amended by
1965 c.253 §43; 1999 c.101 §3]
526.410
[Repealed by 1953 c.138 §2]
526.420
[Repealed by 1953 c.139 §2]
NONINDUSTRIAL PRIVATE LANDOWNER
ASSISTANCE
(Generally)
526.425 Management assistance to
nonindustrial private forest landowners; rules.
Recognizing that nonindustrial private forests make a vital contribution to
Oregon by providing jobs, products, tax base and other social and economic
benefits, it is hereby declared to be the public policy of the State of Oregon
to encourage management of nonindustrial private forestlands for tree
production. Therefore, under the direction of the State Board of Forestry and
to the extent funds are available, the State Forester shall:
(1)
Provide for coordinated technical and financial assistance to the nonindustrial
private forest landowner;
(2)
Provide management planning for nonindustrial private forestlands;
(3)
Advise and encourage nonindustrial private forest landowners to carry out young
growth management activities, such as converting underproductive forestlands,
reforestation, release, precommercial thinning and salvaging insect or disease
damaged trees;
(4)
Administer federal programs, such as the Agricultural Conservation Program or
Forestry Incentives Program, that are designed to help encourage management of
nonindustrial private forestlands;
(5)
Advise and encourage nonindustrial private forest landowners to form
cooperatives or aggregates for the purpose of more efficiently carrying out
their young growth management activities;
(6)
Periodically advise and recommend changes to the Legislative Assembly on laws
conflicting with the intent of this statute; and
(7)
In compliance with ORS chapter 183, promulgate rules consistent with law for
providing management planning for nonindustrial private forestlands. [Formerly
526.048]
(Woodland Management Act of 1979)
526.450 Short title.
ORS 315.104, 318.031 and 526.450 to 526.475 may be cited as the “Woodland
Management Act of 1979.” [1979 c.578 §1]
Note: The
amendments to 526.450 by section 5, chapter 883, Oregon Laws 2007, become
operative January 2, 2028. See section 10, chapter 883, Oregon Laws 2007, as
amended by section 36, chapter 33, Oregon Laws 2009. The text that is operative
on and after January 2, 2028, is set forth for the user’s convenience.
526.450. ORS
318.031 and 526.450 to 526.475 may be cited as the “Woodland Management Act of
1979.”
526.455 Definitions for ORS 526.450 to
526.475. As used in ORS 315.104, 318.031 and
526.450 to 526.475, unless the context requires otherwise:
(1)
“Approved forest management practice” means and includes site preparation, tree
planting, precommercial thinning, release, fertilization, animal damage
control, insect and disease management or such other young growth management
practices that increase wood growth as the State Forester shall approve or
determine proper generally with regard to any particular applicant.
(2)
“Board” means State Board of Forestry.
(3)
“Commercial forestland” means land for which a primary use is the growing and
harvesting of forest tree species and other forest resource values.
(4)
“Eligible owner” means any private individual, group, Indian tribe or other
native group, association, corporation or other nonpublic legal entity owning
10 to 500 acres of Oregon commercial forestland.
(5)
“Forest management plan” means an operation plan to reach landowner objectives
and assures public benefits as they relate to producing timber and other
values. It shall include a cover map, basic forest stand description data,
treatment opportunities, landowner objectives and a schedule for implementing the
forest management plan.
(6)
“Forest management practices” means and includes site preparation, tree
planting, precommercial thinning, release, fertilization, animal damage
control, insect and disease management and other young growth management
practices that increase wood growth.
(7)
“Industrial private forestlands” means lands capable of producing crops of
industrial wood, greater than 10 acres and owned by other than an eligible
owner.
(8)
“Industrial wood” means forest products used to sustain a sawmill, plywood
mill, pulp mill or other forest industry related manufacturing facility.
(9)
“Landowner” means any private individual, group, Indian tribe or other native
group, association, corporation or other legal entity, owning both the
forestland and any timber thereon.
(10)
“Nonindustrial private forestlands” means lands capable of producing crops of
industrial wood and owned by an eligible owner.
(11)
“State Forester” means the individual appointed pursuant to ORS 526.031, or the
authorized representative of the State Forester.
(12)
“Timber” means wood growth, mature or immature, growing or dead, standing or
down of species acceptable for regeneration under the Oregon Forest Practices
Act.
(13)
“Underproductive forestlands” means commercial forestlands not meeting the
minimum stocking standards of the Oregon Forest Practices Act. [1979 c.578 §2]
Note: The
amendments to 526.455 by section 6, chapter 883, Oregon Laws 2007, become
operative January 2, 2028. See section 10, chapter 883, Oregon Laws 2007, as
amended by section 36, chapter 33, Oregon Laws 2009. The text that is operative
on and after January 2, 2028, is set forth for the user’s convenience.
526.455. As
used in ORS 318.031 and 526.450 to 526.475, unless the context requires
otherwise:
(1)
“Approved forest management practice” means and includes site preparation, tree
planting, precommercial thinning, release, fertilization, animal damage
control, insect and disease management or such other young growth management
practices that increase wood growth as the State Forester shall approve or
determine proper generally with regard to any particular applicant.
(2)
“Board” means State Board of Forestry.
(3)
“Commercial forestland” means land for which a primary use is the growing and
harvesting of forest tree species and other forest resource values.
(4)
“Eligible owner” means any private individual, group, Indian tribe or other
native group, association, corporation or other nonpublic legal entity owning
10 to 500 acres of Oregon commercial forestland.
(5)
“Forest management plan” means an operation plan to reach landowner objectives
and assures public benefits as they relate to producing timber and other
values. It shall include a cover map, basic forest stand description data,
treatment opportunities, landowner objectives and a schedule for implementing
the forest management plan.
(6)
“Forest management practices” means and includes site preparation, tree
planting, precommercial thinning, release, fertilization, animal damage
control, insect and disease management and other young growth management
practices that increase wood growth.
(7)
“Industrial private forestlands” means lands capable of producing crops of
industrial wood, greater than 10 acres and owned by other than an eligible owner.
(8)
“Industrial wood” means forest products used to sustain a sawmill, plywood
mill, pulp mill or other forest industry related manufacturing facility.
(9)
“Landowner” means any private individual, group, Indian tribe or other native
group, association, corporation or other legal entity, owning both the
forestland and any timber thereon.
(10)
“Nonindustrial private forestlands” means lands capable of producing crops of
industrial wood and owned by an eligible owner.
(11)
“State Forester” means the individual appointed pursuant to ORS 526.031, or the
authorized representative of the State Forester.
(12)
“Timber” means wood growth, mature or immature, growing or dead, standing or
down of species acceptable for regeneration under the Oregon Forest Practices
Act.
(13)
“Underproductive forestlands” means commercial forestlands not meeting the
minimum stocking standards of the Oregon Forest Practices Act.
526.460 Policy to manage forests to
maximize benefits. (1) The State of Oregon
recognizes that the forest makes a vital contribution to Oregon. Economic
benefits provided include a large tax base, substantial employment and wood
products for a world market. The environmental benefits include maintenance of
a forest cover and soil, air and water resources. Other benefits provided are
habitats for wildlife and aquatic life, recreation and forest range. Management
of all forestlands in Oregon should be encouraged to provide continuous
production of all forest benefits.
(2)
Nonindustrial private forestlands are an important part of Oregon’s forest
resource base. They can make major contributions to Oregon’s economy and
provide many other social benefits. Therefore, it is the policy of the State of
Oregon to provide conditions favorable for long term forestry investments that
lead to increased management of and harvest from these lands. [1979 c.578 §3]
526.465 Purpose of ORS 526.450 to 526.475.
The purpose of ORS 315.104, 318.031 and 526.450 to 526.475 is to encourage long
term forestry investments that lead to increased management of Oregon’s
forestlands by:
(1)
Providing the forest owner with tax relief during the timber growth period.
(2)
Promoting programs that provide forest credit on young stands and encourage
harvesting of mature forest crops.
(3)
Promoting the establishment of new forest crops on cutover, denuded or
underproductive privately owned forestlands.
(4)
Protecting the public interest by assuring that the citizens of the state and
future generations shall have the benefits to be derived from the continuous
production of forest products from the private forestlands of Oregon, including
jobs, taxes, water, erosion control and habitat for wild game. [1979 c.578 §4]
Note: The
amendments to 526.465 by section 7, chapter 883, Oregon Laws 2007, become
operative January 2, 2028. See section 10, chapter 883, Oregon Laws 2007, as
amended by section 36, chapter 33, Oregon Laws 2009. The text that is operative
on and after January 2, 2028, is set forth for the user’s convenience.
526.465. The
purpose of ORS 318.031 and 526.450 to 526.475 is to encourage long term
forestry investments that lead to increased management of Oregon’s forestlands
by:
(1)
Promoting programs that provide forest credit on young stands and encourage
harvesting of mature forest crops.
(2)
Promoting the establishment of new forest crops on cutover, denuded or
underproductive privately owned forestlands.
(3)
Protecting the public interest by assuring that the citizens of the state and
future generations shall have the benefits to be derived from the continuous
production of forest products from the private forestlands of Oregon, including
jobs, taxes, water, erosion control and habitat for wild game.
526.470 Forest tree seed bank; sale to
recover costs; disposition of funds; use of funds for research and development
activities. (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 research and
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)
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)
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. [1979 c.578 §5; 2005 c.541 §5; 2007 c.248 §2]
526.472 Forest tree seed orchard;
purposes; cooperative agreements; recovery of costs; revenues.
(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. [2007
c.248 §3]
Note:
526.472 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
526.475 Appeal of decisions by State
Forester. (1) Any owner affected by a
determination of the State Forester made under ORS 315.104, 318.031 and 526.450
to 526.475 may appeal to the State Board of Forestry under such rules as it may
adopt. An appeal to set aside any decision of the board with respect to ORS
315.104 or 318.031 may be taken within 60 days of the decision to the Oregon
Tax Court in the manner provided for tax cases under ORS chapter 305.
(2)
Any owner affected by a determination of the Department of Revenue made under
ORS 315.104 or 318.031 may appeal directly to the tax court under ORS 305.404
to 305.560. [1979 c.578 §11; 1995 c.650 §40]
Note: The
amendments to 526.475 by section 8, chapter 883, Oregon Laws 2007, become
operative January 2, 2028. See section 10, chapter 883, Oregon Laws 2007, as
amended by section 36, chapter 33, Oregon Laws 2009. The text that is operative
on and after January 2, 2028, is set forth for the user’s convenience.
526.475. (1)
Any owner affected by a determination of the State Forester made under ORS
318.031 and 526.450 to 526.475 may appeal to the State Board of Forestry under
such rules as it may adopt. An appeal to set aside any decision of the board
with respect to ORS 318.031 may be taken within 60 days of the decision to the
Oregon Tax Court in the manner provided for tax cases under ORS chapter 305.
(2)
Any owner affected by a determination of the Department of Revenue made under
ORS 318.031 may appeal directly to the tax court under ORS 305.404 to 305.560.
526.490 Afforestation of certain idle
lands; harvest requirements; inspection fees; lands subject to Oregon Forest Practices
Act; rules; fees. (1) It is the policy of the
State of Oregon to encourage the afforestation of idle land for the purpose of
establishing commercial forests if such afforestation is consistent with
landowner objectives. The purpose of this section is to provide an incentive
for afforestation by providing assurance that the State of Oregon will not
prohibit the harvesting of trees planted on such lands within the first crop
rotation.
(2)
As used in this section:
(a)
“Free to grow” means a stand of well-distributed trees that has a high
probability of remaining or becoming vigorous, healthy and dominant over
undesired competing vegetation.
(b)
“Parcel” has the meaning given that term in ORS 92.010.
(3)
Notwithstanding ORS 527.676, 527.710 or 527.755 or any rules promulgated
thereunder, and except as provided in subsection (4) of this section, a person
who, after September 9, 1995, plants or causes to be planted a stand of timber
that is intended to become a merchantable stand of timber as defined in ORS
321.005 on a parcel owned by the person, or a portion of such parcel not less
than five contiguous acres, shall not be prohibited from harvesting the planted
timber provided that:
(a)
Prior to the time of planting, the parcel or portion thereof has not been
subject to any forest practice as defined in ORS 527.620 since July 1, 1972;
and
(b)
Prior to the time of planting, the stocking of forest tree species on the
subject parcel or portion thereof is less than 25 square feet of basal area per
acre.
(4)
The provisions of subsection (3) of this section shall not apply to any land or
timber located within 20 feet of any large or medium stream, or any small
stream that is a fish-bearing or domestic use stream, as defined by the State
Board of Forestry.
(5)(a)
If, within two to five years of planting under subsection (3) of this section,
the person notifies the State Forester, the State Forester shall inspect the
timber and shall issue a certificate to the owner indicating that a free to
grow stand of timber has been established under subsection (3) of this section
and identifying the location of the timber. Upon request of the owner and
payment of any applicable fee, the county clerk in the county wherein the
parcel is located shall record the certificate as specified under ORS 205.130.
(b)
A person who notifies the State Forester and requests certification shall
provide an accurate plat of the parcel or portion planted under subsection (3)
of this section to the State Forester as well as photographs that accurately
depict the condition of the land prior to planting.
(c)
The State Forester may, by rule, establish a fee or schedule of fees adequate
to cover such necessary expenses incurred by the State Forester in conducting
inspection and certification activities. Fees may be charged to the person
requesting certification.
(6)(a)
Except as provided in subsection (3) of this section, all forest practices
conducted on the planted parcel or portion thereof shall be subject to the
provisions of ORS 527.610 to 527.770, 527.990 (1) and 527.992.
(b)
No parcel or portion of such parcel shall be subject to the provisions of
subsections (3) and (5) of this section more than once. [1995 c.266 §1; 2001
c.340 §2]
Note:
526.490 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
URBAN AND COMMUNITY FORESTRY
526.500 Definitions for ORS 526.500 to
526.515. As used in ORS 526.500 to 526.515,
unless the context requires otherwise:
(1)
“Urban forest” means the area in and around a city that contains trees and
associated plant and animal life. The area may be public or private and may
include single trees, small groups of trees or trees in large groups that would
be identified commonly as a forest or woodland.
(2)
“Urban and community forestry” means the practice of managing, planning,
maintaining and promoting the health of the urban forest as a community
resource. [1993 c.347 §2]
526.505 Policy.
Trees not only are important to the economic and environmental well-being of
Oregon, but also represent a significant component of the quality of life for
urban residents. As a matter of policy, it is important to promote and protect
the human habitat values that accrue from a healthy urban forest. Therefore, it
is declared to be the public policy of the State of Oregon to encourage cities
to plant and properly care for trees within the cities’ urban growth boundaries
and develop management plans to protect and promote urban forests. [1993 c.347 §3]
526.510 Department to provide technical
assistance to governmental units. (1) The State
Forestry Department shall provide technical assistance to cities, counties,
other governmental units, nonprofit and civic organizations and other groups
interested in planting and caring for trees in communities. Technical
assistance may include, but is not limited to, the following areas:
(a)
Establishing and maintaining local urban and community forestry programs;
(b)
Developing local tree management ordinances;
(c)
Developing public information programs to promote awareness of the values and
benefits of the urban forest as a resource of the urban community;
(d)
Implementing appropriate tree management and care practices;
(e)
Performing street tree inventories; and
(f)
Planning and coordinating local tree planting projects.
(2)
The department shall make the fullest use of cooperative agreements, projects
and resource sharing with local grassroots organizations, community action
groups, businesses, local and state agencies, federal agencies, public and
private schools, colleges and universities in designing, developing and
implementing local programs, plans and activities. [1993 c.347 §4]
526.515 Gifts, grants and donations; fees
for services. (1) The State Forestry Department may
receive and disburse such gifts, grants, bequests, federal moneys and
endowments and donations of labor, material, seedlings, trees and equipment
from public and private sources for the purpose of conducting an urban and
community forestry program. In addition, the department is authorized to charge
fees for services and for attendance at workshops and conferences and to sell
various publications and other materials that the department prepares.
(2)
All revenues received under subsection (1) of this section and any interest
earned on all cash balances except federal moneys shall be credited to the
State Forestry Department Account and may be expended only for urban and
community forestry purposes. [1993 c.347 §5]
OREGON FOREST RESOURCES INSTITUTE
(Generally)
526.600 Definitions for ORS 526.600 to
526.675. As used in ORS 526.600 to 526.675,
unless the context requires otherwise:
(1)
“Institute” means the Oregon Forest Resources Institute.
(2)
“Producer” means a producer of forest products and includes any person,
partnership, association, corporation, cooperative or other business entity
involved in the growing, harvesting or producing of timber or timber products. “Producer”
does not include landowners who meet the requirement of ORS 526.610 (4). [1991
c.949 §2; 1995 c.225 §2; 2003 c.423 §9]
526.605 Findings.
The State of Oregon recognizes that the forest products industry is one of the
largest industries in the state. It provides monetary returns to labor,
forestland owners, mill owners and operators, public timber purchasers, timber
harvesters, investors and others. It is a source of local and state taxes. It
is a major supporter of many secondary businesses that supply goods and
services in our communities. The welfare of the state is therefore largely
dependent on the health and vigor of the forest products industry. The Oregon
Forest Resources Institute’s objectives support this important industry and the
wise stewardship of natural resources for the benefit of Oregonians. [1991
c.949 §3; 2003 c.423 §1]
526.610 Oregon Forest Resources Institute;
board of directors; eligibility. There is
created the Oregon Forest Resources Institute. The institute shall be governed
by a board of directors appointed by the State Forester. In making the
appointments, the State Forester shall take into consideration any nominations
or recommendations made to the State Forester by producers or organizations
that represent producers. The board shall consist of 11 voting members plus two
nonvoting members appointed as follows:
(1)
Three voting members to represent small producers of 20 million board feet or
less per year.
(2)
Three voting members to represent medium producers of more than 20 million
board feet but less than 100 million board feet per year.
(3)
Three voting members to represent large producers of 100 million board feet or
more per year.
(4)
One voting member who is an owner of between 100 and 2,000 acres of forestland
and who has no direct financial interest in any forest products processing
activity.
(5)
After consideration of the recommendations of the other appointed members in
subsections (1) to (4) of this section, one voting member who is an hourly wage
employee of a producer or a person who represents such employees. The member
appointed under this subsection need not comply with the requirements of ORS
526.615 (3) to (6).
(6)(a)
Two nonvoting members:
(A)
The Dean of the College of Forestry at Oregon State University.
(B)
An individual jointly appointed by the President of the Senate and the Speaker
of the House of Representatives to represent the public. The public
representative may not be a member of or significantly affiliated with any
organization of or business in the timber industry or any organization or
business known to support or promote environmental or conservation issues. A
person appointed under this subparagraph serves at the pleasure of the
President of the Senate and the Speaker of the House of Representatives.
(b)
Members referred to in this subsection are not subject to ORS 526.615 to
526.625. [1991 c.949 §4; 1993 c.584 §3; 1995 c.225 §3; 1999 c.40 §1; 2003 c.423
§2]
526.615 Qualifications of voting members.
Except as provided in ORS 526.610 (5), each voting member of the board of
directors of the Oregon Forest Resources Institute shall have the following qualifications:
(1)
Be a citizen of the United States.
(2)
Be a bona fide resident of this state.
(3)
Be a producer in this state, an employee of such a producer or own between 100
and 2,000 acres of forestland in this state on which harvest taxes are paid,
but have no direct financial interest in any forest products processing
activity.
(4)
Have been actively engaged in producing forest products for a period of at
least five years.
(5)
Derive a substantial proportion of income from the production of forest
products.
(6)
Have demonstrated, through membership in producers’ organizations or
organizations representing landowners who meet the requirements of ORS 526.610
(4), a profound interest in the development of Oregon’s forest products
industry. [1991 c.949 §6; 1995 c.225 §4; 1999 c.40 §2; 2003 c.423 §3]
526.620 Terms of voting members;
vacancies. Each voting member of the board of
directors of the Oregon Forest Resources Institute shall be appointed for a
term ending three years from the date of the expiration of the term for which
the member’s predecessor was appointed. If there is a vacancy on the board of a
voting member, other than a vacancy caused by expiration of a term, the State
Forester shall fill the vacancy for the remainder of the unexpired term with a
person who represents the same class as the member whose term was vacated. [1991
c.949 §7; 1995 c.225 §5; 2003 c.423 §4]
526.625 Effect of failure to maintain
qualification; removal of member. (1) The State
Forester shall immediately declare the office of any member of the board of
directors of the Oregon Forest Resources Institute vacant whenever the member
becomes a resident of another state or is unable to perform the duties of
office. In addition, the State Forester shall immediately declare the office of
any member of the board who represents producers vacant if the member ceases to
be an active producer in the state.
(2)
The State Forester may remove any member of the board of directors for
inefficiency, neglect of duty or misconduct in office, but not until after a
public hearing thereon and service upon such member of a copy of the charges
together with a notice of the time and place of such hearing. Service shall be
made not less than 10 days prior to the hearing. At the hearing the member
shall be given an opportunity to be heard in person or by counsel and shall be
permitted to present evidence to answer the charges and explain the facts
alleged. [1991 c.949 §8; 2003 c.423 §5]
526.630 Expenses of members and staff.
Directors, officers and employees of the institute may receive their actual and
necessary travel and other expenses incurred in the performance of their
official duties. The board of directors shall adopt uniform and reasonable
rules governing the incurring and paying of such expenses. [1991 c.949 §9]
526.632 Employees not subject to certain
personnel regulation. Notwithstanding any other
provision of law, wages or salaries of employees of the Oregon Forest Resources
Institute are not subject to personnel compensation plans for state employees
established by the Oregon Department of Administrative Services under ORS
240.235 to 240.250. [1993 c.584 §2]
526.635 Officers.
(1) The board of directors annually shall elect a chairperson.
(2)
The board of directors shall meet regularly at least once each quarter, and at
such other times as called by the chairperson. [1991 c.949 §10]
526.640 General authority of institute.
The Oregon Forest Resources Institute shall enhance and provide support for
Oregon’s forest products industry. In achieving these objectives the institute
may:
(1)
Increase public understanding of the practice of forestry and the use and
benefits of forest products.
(2)
Support education and cooperative efforts among private forest landowners and
within the forest products industry to:
(a)
Practice good stewardship of the land, and protect water and other public
resources to the maximum extent practicable;
(b)
Encourage the conversion of underproductive rural lands to forest uses, and
provide information to private landowners on the means to facilitate such
conversions;
(c)
Encourage, facilitate and assist private forest landowners to meet or exceed
state and federal regulations governing forest operations;
(d)
Evaluate and communicate to private forest landowners the stewardship
responsibility expectations of the public; and
(e)
In cooperation with the State Forestry Department, Oregon State University and
other appropriate government or private entities, serve as a clearinghouse for
the dissemination of information to private forest landowners, through
conferences, workshops and other means, about modern land management practices.
(3)
Conduct research and help facilitate continued improvement in wood utilization
and in secondary wood products manufacturing.
(4)
Publish and sell publications and other materials relating to any program or
function authorized by ORS 526.600 to 526.675. The institute may contract for
the publication of the materials described in this subsection, including the
research, design and writing of the materials. The contract may include, among
other matters, provisions for advance payment or reimbursement for services
performed under the contract. The price of such publications shall include the
cost of publishing and distributing the materials. All moneys received by the
institute from the sale of publications shall be deposited in the Oregon Forest
Resources Institute Fund. [1991 c.949 §11; 1997 c.15 §1]
526.645 Additional powers.
In addition to the functions listed in ORS 526.640, the Oregon Forest Resources
Institute may:
(1)
Conduct research and disseminate reliable information based upon such research.
(2)
Sue and be sued as an institute without individual liability for acts of the
board of directors within the scope of the powers conferred upon it by law.
(3)
Enter into contracts which the board of directors considers necessary to carry
out the duties, functions and powers imposed upon the institute by law.
(4)
Borrow money in amounts not to exceed 50 percent of the board of directors’
estimate of the institute’s revenue from the current year’s harvest.
(5)
Appoint subordinate officers and employees of the institute and prescribe their
duties and fix their compensation.
(6)
Adopt, rescind, modify or amend all proper orders, regulations, rules and
resolutions for the exercise of its duties, functions and powers. [1991 c.949 §12]
(Financial Administration)
526.650 Expenditure of funds restricted.
(1) Notwithstanding ORS 526.645 (2), no funds shall be expended by the Oregon
Forest Resources Institute for the purpose of supporting or opposing litigation
or other legal action which is unrelated to the administration of the
institute.
(2)
No funds shall be expended by the institute for the purpose of influencing, or
attempting to influence, any legislation or any rulemaking or other
administrative activity of any state board, commission or agency. [1991 c.949 §13]
526.655 Acceptance of grants, donations
and gifts. The Oregon Forest Resources Institute
may accept grants, donations or gifts from any source for expenditures for any
purposes consistent with the purposes of ORS 526.600 to 526.675. All funds so
received shall be handled as specified in ORS 526.600 to 526.675 for other
moneys received by the institute. [1991 c.949 §14]
526.660 Application of budget and
expenditure control laws. The provisions of ORS 576.410 to
576.450 as set forth in the 2001 Edition of Oregon Revised Statutes, pertaining
to budget and expenditure control, apply to budgets and expenditures of the
Oregon Forest Resources Institute except that:
(1)
All references in such statutes to the Director of Agriculture shall be
considered references to the State Forester.
(2)
All references in such statutes to the board shall be considered references to
the State Board of Forestry.
(3)
All references in such statutes to the commission shall be considered
references to the board of directors of the institute.
(4)
Copies of proposed budgets required as described by ORS 576.425 (1) as set
forth in the 2001 Edition of Oregon Revised Statutes shall not be sent to
county extension agents, but shall be available for inspection at the institute
office and at the office of the State Forester in Salem.
(5)
The State Forester shall examine and certify the budget in the manner provided
under ORS 576.430 (2) as set forth in the 2001 Edition of Oregon Revised
Statutes and make the determination in the same manner as a determination by
the Director of Agriculture under ORS 576.445 (2) as set forth in the 2001
Edition of Oregon Revised Statutes. [1991 c.949 §16; 1995 c.225 §6; 2003 c.604 §102]
526.665 Exemption from certain financial
administration laws. Except as otherwise provided in
ORS 526.600 to 526.675, ORS 291.026, 291.201 to 291.222, 291.232 to 291.260,
291.322 to 291.336, 292.210 to 292.250, 293.260 to 293.280, 293.295 to 293.346
and 293.590 to 293.640 do not apply to the Oregon Forest Resources Institute or
to the administration and enforcement of ORS 526.600 to 526.675. [1991 c.949 §17]
526.670 Books and records; audit.
The Oregon Forest Resources Institute shall keep accurate books, records and
accounts of all its dealings which shall be open to inspection and audit by the
Secretary of State. [1991 c.949 §18]
526.675 Oregon Forest Resources Institute
Fund; use of moneys; rules. (1) The Oregon Forest Resources
Institute Fund is created in the State Treasury, separate and distinct from the
General Fund. Except as otherwise provided by law, all moneys received by the
Oregon Forest Resources Institute shall be paid into the State Treasury and
credited to the fund. All moneys in the fund are appropriated continuously to
the institute to carry out its duties, functions and powers. Interest earnings
on all moneys in the fund shall be retained in the fund.
(2)
The board of directors of the institute may repay moneys from the fund to
persons who paid a privilege tax levied under ORS 321.017. The board may repay
the amount of tax paid upon application by the person who paid the tax. The
board shall adopt rules necessary for the implementation of this subsection.
Rules adopted by the board shall include standards for the repayment of moneys
and limits on the amount that may be requested. [1991 c.949 §20; 2003 c.423 §6]
526.680 [1991
c.949 §15; repealed by 2003 c.423 §10]
526.685 [1991
c.949 §19; repealed by 2003 c.423 §10]
FOREST RESOURCE TRUST
526.695 Definitions for ORS 526.695 to
526.775. As used in ORS 526.695 to 526.775,
unless the context otherwise requires:
(1)
“Contract” means the contract signed by the forestland owner and the State
Forester, acting on behalf of the Forest Resource Trust pursuant to ORS
526.705.
(2)
“Ecosystem services” means environmental benefits arising from the conservation
and management of forestland, including, but not limited to, fish and wildlife
habitat, clean water and air, pollination, mitigation of environmental hazards,
control of pests and diseases, carbon sequestration, avoidance of carbon
dioxide emissions and maintenance of soil productivity.
(3)
“Forestland owner” means the individual, corporation, limited liability
company, partnership, association, joint stock company, trustee, business trust
or unincorporated organization holding fee simple ownership of land capable of
producing forest products.
(4)
“Forest products” includes, but is not limited to, trees, logs, poles, lumber,
chips or pulp that flow from investment of the Forest Resource Trust.
(5)
“Forest Resource Trust programs” means the voluntary cost share program
established by ORS 526.703, the voluntary loan program established by ORS
526.705 and other programs administered by the State Board of Forestry to
further the purposes of the Forest Resource Trust pursuant to ORS 526.695 to
526.775.
(6)
“Qualified private or local government forestland owner” means a private or
local government forestland owner that qualifies for a specific Forest Resource
Trust program, as described in rules adopted by the board. [Formerly 526.735]
526.700 Forest Resource Trust; purpose;
trustees; advisory committee; rules; duties. (1)
The Forest Resource Trust is established in the State Forestry Department. The
Forest Resource Trust shall provide funds for financial, technical and related
assistance to qualified private and local government forestland owners for
stand establishment and improved management of forestlands for timber
production as well as wildlife, water quality and other environmental purposes.
(2)
The members of the State Board of Forestry shall have overall responsibility
for management of the Forest Resource Trust. The board is authorized to
establish policies and programs in addition to those created by ORS 526.695 to
526.775 to further the purposes of the trust.
(3)
The board shall appoint an advisory committee consisting of no more than 15
members representing the public, nonindustrial private forestland owners, the
forest products industry, forest consultants and contractors, the financial
community, environmental and conservation organizations and other related
interests including affected state agencies. The advisory committee shall
assist the board in setting policy for the best use and investment of funds
available to the trust and otherwise assist board members in the performance of
their duties as trustees.
(4)
In accordance with any applicable provisions of ORS chapter 183, the board
shall adopt rules to carry out the duties, functions and powers of the Forest
Resource Trust and to guide implementation of the Forest Resource Trust
programs.
(5)
The State Forester is responsible for implementing board policies and programs
for the Forest Resource Trust. [1993 c.765 §57; 2007 c.201 §1]
526.703 Cost share program; purpose;
advance of moneys and assistance. (1) The State
Board of Forestry shall establish a voluntary cost share program to ensure that
the purposes of the Forest Resource Trust are achieved. The purpose of the
program is to provide financial and other incentives for stand establishment
and improved management of nonindustrial private forestlands.
(2)
In advancing moneys and providing other assistance for stand establishment and
improved forest management, the State Forester shall:
(a)
Give priority, to the extent possible, to lands zoned for forest use under
county comprehensive plans and to other lands with moderate to high probability
of success for long-term stand establishment and improved forest management
activities; and
(b)
Assist landowners in securing payments for ecosystem services. [2007 c.201 §2]
Note:
526.703 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
526.705 Loan program; financial assistance
terms and conditions; rules. (1) To carry
out the duties, functions and powers of the Forest Resource Trust, there is
created a voluntary loan program to finance establishment of stands of trees
and the improved management of qualified private and local government
forestlands.
(2)
In advancing moneys and providing other assistance for stand establishment, the
State Board of Forestry shall:
(a)
Give priority to lands zoned for forest uses under county comprehensive plans
and to other lands with moderate to high probability of success for long-term
stand establishment and improved forest management activities; and
(b)
Assist landowners in securing payments for ecosystem services.
(3)
The State Board of Forestry may, by rule, establish financial agreements for
the repayment of moneys advanced consistent with subsection (2) of this section
and including but not limited to the following, singly or in combination:
(a)
A revenue-sharing proposal that guarantees the landowner a percentage of the
receipts upon harvest after payment of harvest and severance taxes;
(b)
Financial agreements; and
(c)
Repayment in full with interest if a landowner fails to get the stand free to
grow as that term is defined in the Oregon Forest Practices Act, unless said
failure is through no fault of the landowner.
(4)
The terms of repayment shall be based on considerations that represent the best
use and investment of funds including:
(a)
Rates of return, as established by the State Board of Forestry, that provide a
reasonable payback to the Forest Resource Trust of project costs;
(b)
Measurable anticipated public benefits such as job creation, tax revenue,
increased timber supply and environmental improvement; and
(c)
The extent to which landowner contributions of money, labor or other resources
reduce the risk to the Forest Resource Trust.
(5)
Participating landowners shall not be required to comply with forest practices
beyond those required by state and federal law with the exception that planting
standards for stand establishment may be more than the required minimum.
(6)
The State Forester is authorized, on behalf of the Forest Resource Trust, to
enter into contracts with eligible landowners to carry out the provisions of
the voluntary loan program. The contracts may include, but are not limited to:
(a)
Partial to full financing to the landowner, as specified in rules of the State
Board of Forestry, from such moneys as may be available in the Forest Resource
Trust Fund.
(b)
Any obligations of the landowner for repayment of moneys advanced including,
but not limited to:
(A)
Terms for sharing the revenue gained from the sales of timber and forest
products, including salvage, from the lands enrolled under the voluntary loan
program;
(B)
Acknowledgment that the rights and obligations of the landowner and the Forest
Resource Trust and all of the terms of the contract are covenants that run with
the land upon sale, lease or transfer of the land benefiting from the voluntary
loan program until all future obligations of the contract are met;
(C)
Financial terms allowing the landowner to terminate the contract;
(D)
Agreement that there is no obligation to repay the moneys advanced prior to
sale of timber and forest products from the land;
(E)
Terms to protect the contract from modification unless both parties consent to
modification;
(F)
Allowance for different prescriptions for stand management; and
(G)
Repayment in full with interest if the landowner fails to meet any terms of the
contract.
(c)
Acknowledgment by the landowner that the State Forester may require a statutory
lien on the forest products.
(7)
In addition to the contracts provided for in subsection (6) of this section,
the State Forester, on behalf of the Forest Resource Trust, may require
landowners to execute security agreements in favor of the trust to secure any
repayment or other obligations of the landowner. Any security interest required
shall have priority from the date of recording or filing.
(8)(a)
The State Forester shall record a contract described in subsection (6) of this
section with the recording officer of the county or counties in which the
forestland is located.
(b)
Upon recording, the rights and obligations of the landowner and the Forest
Resource Trust under the contract shall become covenants that run with the land
and shall be binding upon successors and assigns.
(c)
The interest of the Forest Resource Trust created by recording the contract
constitutes a purchaser’s interest in real property for purposes of ORS 93.640.
(d)
A memorandum of contract must include, but is not limited to:
(A)
The date of execution of the contract;
(B)
The name of each landowner of the forestland identified in the contract;
(C)
A legal description of the forestland subject to the contract that conforms
with ORS 93.600; and
(D)
If the contract is secured by a lien as provided in ORS 526.695 and 526.740 to
526.775, a statement from each landowner acknowledging the lien.
(9)
As used in this section, “eligible landowner” means a qualified private or
local government forestland owner who:
(a)
Owns land that qualifies as forestland, as defined by the State Board of
Forestry.
(b)
Has not received an exemption from reforestation requirements pursuant to rules
adopted by the board under ORS 527.760. [1993 c.765 §58; 2007 c.201 §3]
526.710 State Forestry Department to
assist board. To assist the State Board of Forestry
in carrying out the duties of the Forest Resource Trust, the State Forestry
Department shall:
(1)
Identify potentially suitable lands, and educate the owners of those lands on
Forest Resource Trust programs.
(2)
Provide technical and other management assistance to participating landowners.
(3)
Monitor compliance with Forest Resource Trust programs by participating
landowners.
(4)
Encourage involvement of the landowner.
(5)
Encourage the use of private contractors, consultants, forestry extension
programs, nongovernmental organizations and landowner cooperatives.
(6)
Develop project plans in cooperation with landowners that establish clear
benchmarks for compliance with terms of the plan.
(7)
Release from financial obligation for any portion of the qualified private and
local government forestlands included under Forest Resource Trust programs and
irretrievably lost to insects, disease, fire, storm, flood or other natural
destruction through no fault of the landowner.
(8)
Secure provisions for access to the land by the State Forester.
(9)
Give consideration to conservation plans or strategies adopted by the State
Department of Fish and Wildlife when setting priorities for Forest Resource
Trust programs. [1993 c.765 §59; 2007 c.201 §4]
526.715 [1993
c.765 §60; 2001 c.51 §1; repealed by 2007 c.201 §8]
526.720 Forest Resource Trust Fund.
The Forest Resource Trust Fund is created in the State Treasury, separate and
distinct from the General Fund. The Forest Resource Trust Fund shall consist of
all moneys received from whatever source to carry out the duties, functions and
powers of the Forest Resource Trust. All earnings on moneys in the fund shall
be retained in the fund. All moneys in the fund are appropriated continuously
to the State Forestry Department to carry out the duties, functions and powers
of the Forest Resource Trust, including State Forestry Department
administrative expenses. [1993 c.765 §61]
526.725 Agreements with private,
governmental or other organizations; land acquisitions; investment of funds;
forestry carbon offsets; trust on governmental agencies or officers not
created. (1) The State Board of Forestry or the
State Forester may enter into agreements with private, governmental or other
organizations and may accept contributions, gifts or grants from any source to
carry out the duties, functions and powers of the Forest Resource Trust. All
moneys received by the board or the State Forester pursuant to this section
shall be deposited in the Forest Resource Trust Fund.
(2)
The board may acquire, on behalf of the Forest Resource Trust, through
exchange, lease or purchase, land only to the extent necessary to carry out the
duties, functions and powers of the trust.
(3)
Agreements with private, governmental or other organizations under subsection
(1) of this section may specify the terms under which funds are invested and
benefits accrue to the contributing party to the extent the agreement is
consistent with the provisions of ORS 526.695 to 526.775.
(4)
The State Forester may, on behalf of the Forest Resource Trust, market,
register, transfer or sell forestry carbon offsets attributable to the lands
enrolled in the stand establishment program under ORS 526.705. Prices for the
transfer or sale of forestry carbon offsets may be negotiated but must be at or
greater than fair market value.
(5)
Nothing in ORS 526.695 to 526.775 is intended to create an enforceable trust on
any agency or officer of the State of Oregon. [1993 c.765 §62; 2001 c.752 §7;
2007 c.201 §9]
526.730 Report to legislature.
The State Board of Forestry, after consultation with the advisory committee
appointed pursuant to ORS 526.700, shall prepare and submit a report to the
Seventy-sixth Legislative Assembly that contains the following information
regarding the Forest Resource Trust Fund:
(1)
Program accomplishments;
(2)
Financial assistance payments to participating landowners;
(3)
Revenues received by the fund; and
(4)
Expenditures made from the fund. [1993 c.765 §63; 2007 c.201 §5]
526.735 [1995
c.207 §2; 2001 c.51 §2; 2007 c.201 §6; renumbered 526.695 in 2007]
526.740 Lien for moneys payable to trust
by forestland owner; attachment to severed forest products and accounts
receivable. (1) From and after recording of the
notice of lien pursuant to ORS 526.745, the Forest Resource Trust has a lien
for the moneys payable to the trust by the forestland owner under the terms of
the contract.
(2)
The lien created by subsection (1) of this section constitutes a general lien
upon all forest products grown or growing on the forestland described in the
contract, whether standing on the forestland, severed and remaining on the
forestland, severed and transported to another area for sale or processing, or
made into forest products on the forestland. If the forest product is severed
and delivered to a purchaser or mill, the lien continues against the forest
product and the lien also attaches to accounts receivable evidencing
indebtedness of the purchaser or mill. The lien attaches to the accounts
receivable on the date on which the forestland owner sells the forest products
and relates to the date on which notice of lien was filed under ORS 526.745. [1995
c.207 §3; 2001 c.51 §3]
526.745 Notice of lien; filing.
(1) The State Forester may file a notice of lien under ORS 526.740 anytime
after the contract is executed.
(2)
The State Forester shall file the notice of lien with the recording officer of
the county or counties where the forestland is located. The notice shall be in
writing verified by the State Forester and shall contain:
(a)
The name of each owner of the forestland identified in the contract;
(b)
A legal description of the forestland identified in the contract in conformance
with ORS 93.600;
(c)
A description of the forest products to be covered by the lien;
(d)
A statement that the lien includes a lien on accounts receivable from the sale
of any forest products covered by the lien and that the lien on forest products
and accounts receivable shall have priority as of the date of filing of the
notice of lien under this section; and
(e)
A statement of the amount of funds to be paid under the contract.
(3)
Within 10 days after the State Forester files the notice of lien under this
section, the State Forester shall send a copy of the notice to each of the
following persons whose interest in the forestland referred to in subsection
(2)(a) of this section is of record as of the date the State Forester files the
notice of lien with the county recording officer:
(a)
Each seller on a land sale contract covering all or any part of the forestland
referred to in subsection (2)(a) of this section;
(b)
Each mortgagee upon a mortgage covering all or part of the forestland referred
to in subsection (2)(a) of this section; and
(c)
Each beneficiary of a trust deed covering all or part of the forestland
referred to in subsection (2)(a) of this section. [1995 c.207 §4]
526.750 Recording of notice; fee.
The recording officer of the county shall record the notices made under ORS
526.745. The record shall be indexed in the same manner as the record of deeds
and mortgages. The recording officer shall charge and collect from the Forest
Resource Trust, for the benefit of the county, the fee established in ORS
205.320. [1995 c.207 §5]
526.755 Foreclosure; costs.
(1) The lien created by and filed under ORS 526.740 and 526.745 shall be
foreclosed in the manner provided by law for the foreclosure of liens
generally.
(2)
In all suits under ORS 526.695 and 526.740 to 526.775, the court, upon entering
judgment for the plaintiff, shall allow as a part of the costs all moneys paid
for the filing and recording of the lien, all moneys paid for sending notices
of the lien to third parties pursuant to ORS 526.745 (3), all moneys paid for
title reports and policies required for preparing and foreclosing the lien, and
a reasonable amount for attorney fees at trial and on appeal to the party who
prevails on the issue of the validity of the lien. [1995 c.207 §6]
526.760 Priority; lien survives land
foreclosure proceedings. (1) The lien on forest products
and accounts receivable created by ORS 526.740 is valid and shall have priority
over all other liens, security interests and encumbrances on the forest
products and accounts receivable covered by the lien even though it does not
create a lien on the land on which the forest products are growing, except that
ad valorem taxes and duly perfected liens, security interests and encumbrances
which were perfected prior to the filing of the notice of lien under ORS
526.745 shall have priority over a lien created under ORS 526.740.
(2)
Notwithstanding subsection (1) of this section, the lien upon forest products
and accounts receivable created by ORS 526.740 shall survive the foreclosure of
any land sale contract, mortgage, trust deed or other lien or encumbrance upon
or security interest in the forest products or the forestland described in the
notice of lien filed under ORS 526.745, and shall remain in full force and
effect until released, fully satisfied or foreclosed. [1995 c.207 §7]
526.765 Payment of funds advanced; release
of lien. (1) When the State Forester receives
full payment of funds described in the notice of lien filed under ORS 526.745,
or if the lien is released, the State Forester shall file with the recording
officer of the county in which the claim is recorded a certificate declaring
that full payment has been received, or that the lien has been released, and
that the claim of lien is discharged. The certificate shall include the name of
the forestland owner, the date of filing of the notice of lien under ORS
526.745 and a legal description of the land affected in conformance with ORS
93.600.
(2)
Upon receiving the certificate, the recording officer shall enter it in full
length in the book kept to record such liens. [1995 c.207 §8]
526.770 Notice of forest products harvest;
contents; forest products purchasers. (1) No
harvest or removal of forest products on forestland covered by a contract
between the forest landowner and the Forest Resource Trust shall occur without
the landowner or the timber owner first notifying the State Forester in
writing, on forms prepared by the State Forester, of intent to harvest or
remove forest products. Notice shall be made in the same manner as notice
provided under ORS 527.670 (6).
(2)
The notification shall specify where and when the harvest or removal of forest
products will take place, the nature of the harvest or removal of forest
products and where and to whom the forest products will be sold or delivered
and shall include maps or other information as required by the State Forester.
Upon receipt of notification pursuant to subsection (1) of this section, the
State Forester shall notify the landowner, and any person to whom the forest
products will be sold or delivered, of the repayment obligation specified in
any contract between the forest landowner and the State Forester. The landowner
shall make payment to the State Forester. Such payment shall be deposited in
the Forest Resource Trust Fund. If payment is not made within 60 days of
harvest or removal of forest products, the lien shall be delinquent and may be
foreclosed in the manner described in ORS 526.755. [1995 c.207 §9]
526.775 Execution of judgment against
other property when forest products and accounts not subject to lien.
Notwithstanding ORS 526.695 and 526.740 to 526.775, if the forest landowner and
the State Forester entered into a contract as provided in ORS 526.705 and the
contract is terminated or breached, and there are no forest products or
accounts receivable subject to the lien created under ORS 526.740, any judgment
entered against the landowner for breach or termination of the contract may be
executed on any property of the landowner. [1995 c.207 §10; 2007 c.201 §10]
FORESTRY CARBON OFFSETS
526.780 Agreements for forestry carbon
offsets; requirements; creation; disposition of revenues.
(1) The State Forester may enter into agreements with nonfederal forest
landowners as a means to market, register, transfer or sell forestry carbon
offsets on behalf of the landowners to provide a stewardship incentive for
nonfederal forestlands.
(2)
The State Forester may enter into an agreement described in this section if all
of the following criteria are met:
(a)
The agreement must ensure continuous management of the nonfederal forestlands
at a standard that, in the judgment of the State Forester, would not occur in
the absence of the agreement.
(b)
Any forestry carbon offsets managed by the agreement must be attributable to
the subject nonfederal forestland as determined by the forestry carbon offset
accounting system established in ORS 526.783.
(c)
Prices for the transfer or sale of forestry carbon offsets may be negotiated on
behalf of the nonfederal forest landowner and must be at or greater than fair
market value.
(d)
The agreement must provide for the following distribution of proceeds from the
transfer or sale of forest carbon offsets attributable to the subject
nonfederal forestland:
(A)
Not less than 50 percent to the nonfederal forest landowner;
(B)
Not more than 25 percent to the State Forester to fund programs providing
coordinated technical, financial or management planning assistance to
nonindustrial private forest landowners; and
(C)
Not more than 25 percent to the State Forester to fund administration of the
forestry carbon offset program.
(3)
All revenues received and any interest earned on moneys distributed to the
State Forester under subsection (2)(d)(B) and (C) of this section shall be
credited to the State Forestry Department Account and may be expended only for
the purposes stated in subsection (2)(d)(B) and (C) of this section.
(4)
A person or governmental agency may create a forestry carbon offset by
performing, financing or otherwise causing one or more of the following
activities:
(a)
Afforestation or reforestation of underproducing lands that are not subject to
required reforestation under the Oregon Forest Practices Act;
(b)
Forest management activities not required under law existing at the point of
creation of the forestry carbon offset, including but not limited to the
following practices:
(A)
Stand density control treatments in overstocked, underproducing stands of
timber;
(B)
Silvicultural practices that increase forest stand biomass, including but not
limited to structure based management, variable retention, uneven age
management, longer rotation ages and no harvest reserves;
(C)
Expanded riparian buffers and other leave areas; and
(D)
Deferred harvest rotations past 50 years or the age of economic maturity,
whichever is longer; and
(c)
Other activities as defined by rule by the State Board of Forestry. [2001 c.752
§2]
526.783 Development of forestry carbon
offset accounting system. As a means of consistently
reporting forestry carbon offsets created through programs established under
ORS 526.725, 526.780 to 526.789, 530.050 or 530.500, the State Forester shall
develop a forestry carbon offset accounting system for the registration,
transfer or sale of forestry carbon offsets. The forestry carbon offset
accounting system shall:
(1)
Use accepted principles and standards relating to creating, measuring,
monitoring, marketing, verifying, registering, transferring and selling carbon
offsets used as mitigation for carbon dioxide emissions; and
(2)
Be consistent with any rules adopted by the State Board of Forestry under ORS
526.786. [2001 c.752 §3; 2007 c.201 §7]
526.786 Rules relating to forestry carbon
offsets; rules advisory committee. (1) The State
Board of Forestry may develop administrative rules that define principles and
standards relating to the creation, measurement, accounting, marketing,
verifying, registering, transferring and selling of forestry carbon offsets
from nonfederal forestlands.
(2)
Rules adopted by the board under this section shall set standards to ensure
that in order to be marketed, registered, transferred or sold, a forestry
carbon offset must be created as a result of forest management activities that:
(a)
Have the effect of increasing carbon storage on forestlands as measured by a
forestry carbon offset accounting system;
(b)
Would not otherwise occur but for the carbon storage objective; and
(c)
Provide environmental, social and economic benefits for Oregon and its
citizens, including but not limited to, protection or enhancement of long term
timber supplies, native fish and wildlife habitat and water quality.
(3)
Rules adopted by the board under this section shall establish principles to
ensure that the forestry carbon offset accounting system shall:
(a)
Account for relevant sources of carbon dioxide emission debits and credits for
carbon storage or sequestration;
(b)
Account for the duration and permanence of the carbon dioxide storage or
emission reductions;
(c)
Include provisions for establishing the appropriate baseline for projects, practices,
rotation ages, harvest schedules and ownership from which measured carbon
dioxide emission debits, and credits for carbon storage or sequestration are
made;
(d)
Account for other relevant and measurable greenhouse gas consequences,
specifically credits and debits expressed as a carbon dioxide emissions
equivalent, when establishing baselines or otherwise as appropriate;
(e)
Account for the specific forest management practices used on-site and include
provisions for monitoring carbon dioxide emission debits and credits for carbon
storage or sequestration, from the implementation of specific practices;
(f)
Account for continuing carbon dioxide emission debits, and credits for carbon
storage or sequestration, based on the end product use of harvested biomass;
(g)
Account for environmental, social and economic benefits of forestry carbon
offsets and ensure that practices with unsustainable, long term consequences
are not used to create forestry carbon offsets;
(h)
Allow for public access to information in monitoring reports; and
(i)
Encourage third-party verification of forestry carbon offsets.
(4)
Rules adopted by the board under this section may address qualifications for
persons and agencies that provide third-party verification and registration of
forestry carbon offsets.
(5)
Rules adopted by the board under this section shall be developed with the
assistance of an advisory committee appointed by the board. The advisory
committee shall consist of at least nine persons and shall contain:
(a)
Persons from businesses, governmental agencies and nongovernmental
organizations with knowledge and experience in the accounting of greenhouse gas
emissions, sequestration and storage;
(b)
At least one person from a nongovernmental forestry conservation organization;
(c)
At least one nonindustrial private forest landowner or a representative of an
organization that represents nonindustrial private forest landowners;
(d)
One representative of the State Department of Energy;
(e)
One representative of the State Department of Fish and Wildlife, or a designee
of the State Department of Fish and Wildlife;
(f)
One representative of the Department of Environmental Quality, or a designee of
the Department of Environmental Quality;
(g)
At least one representative from a qualified organization, as defined in ORS
469.503; and
(h)
At least one representative from the State Forestry Department who shall serve
as the secretary to the advisory committee. [2001 c.752 §4]
526.789 Effect of state forestry carbon
offset program. Nothing in ORS 526.005, 526.725,
526.780 to 526.789, 530.050 or 530.500 shall prohibit any person or
governmental agency from marketing, selling or transferring forestry carbon
offsets independently from the State Forester program established under ORS
526.725, 526.780 to 526.789, 530.050 or 530.500. Rules adopted by the State
Board of Forestry pursuant to ORS 526.786 may not prohibit any person from
marketing, selling or transferring forestry carbon offsets using principles and
standards different than those adopted by the board. [2001 c.752 §5]
TIMBER EXPORT REGULATION
526.801 Definitions for ORS 526.801 to
526.831 and 526.992. As used in ORS 526.801 to
526.831 and 526.992:
(1)
“Export” means that unprocessed timber is loaded on a vessel or other
conveyance with a foreign destination or is present at a facility such as a
port or dock with intent to load it on a vessel or other conveyance with a
foreign destination.
(2)
“Person” means an individual, a partnership, a public or private corporation,
an unincorporated association or any other legal entity. “Person” includes any
subsidiary subcontractor, parent company or other affiliate. Business entities
are considered affiliates when one controls or has the power to control the
other or when both are controlled directly or indirectly by a third person.
(3)
“Private lands” means lands within the State of Oregon owned by a person. “Private
lands” does not include federal lands or nonfederal public lands, or any lands
the title to which is:
(a)
Held in trust by the United States for the benefit of any Indian tribe or
individual.
(b)
Held by any Indian tribe or individual subject to a restriction by the United
States against alienation.
(4)
“Public body” means an agency of the State of Oregon or of any other political
subdivision.
(5)
“Public lands” means lands owned by the State of Oregon or by any other
political subdivision.
(6)
“Unprocessed timber” means trees or portions of trees or other roundwood not
processed to standards and specifications suitable for end product use. “Unprocessed
timber” does not include timber processed into any one of the following:
(a)
Lumber or construction timbers, meeting current American Lumber Standards
Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on
four sides, not intended for remanufacture.
(b)
Lumber, construction timbers, or cants for remanufacture, meeting current
American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R
or N list clear grades, sawn on four sides, not to exceed 12 inches (nominal)
in thickness.
(c)
Lumber, construction timbers or cants for remanufacture, that do not meet the
grades referred to in paragraph (b) of this subsection and are sawn on four
sides, with wane less than one-fourth of any face, not exceeding eight and
three-fourths inches in thickness.
(d)
Chips, pulp or pulp products.
(e)
Veneer or plywood.
(f)
Poles, posts or piling cut or treated with preservatives for use as such.
(g)
Shakes or shingles.
(h)
Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for
processing into pulp.
(i)
Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants
or other domestic operations for the purpose of conversion of the logs into
chips.
(j)
Firewood cut in pieces 48 inches or less in length. [1991 c.942 §2]
526.805 [1961
c.700 §1; 1963 c.298 §1; 1981 c.823 §1; repealed by 1991 c.942 §12]
526.806 Prohibition against export of
unprocessed timber; prohibition against certain public timber purchases.
(1) It is unlawful to export unprocessed timber originating from public lands
in Oregon.
(2)
All unprocessed timber that originates from public lands is prohibited from
export.
(3)
In addition to all other requirements of law, no person who is prohibited from
purchasing timber directly from a public agency may purchase public timber from
any other person. Acquisitions of Western Red Cedar that are domestically
processed into finished products to be sold into domestic or international
markets are exempt from the prohibitions contained in this subsection. [1991
c.942 §§3,5,6]
526.810 [1961
c.700 §2; 1963 c.298 §7; renumbered 526.835]
526.811 Exemption from export prohibition.
The prohibitions against export contained in ORS 526.801 to 526.831 and 526.992
shall not apply to specific quantities of grades and species of unprocessed
timber originating from public lands which the United States Secretary of
Agriculture or Secretary of the Interior has determined by rule to be surplus
to the needs of timber manufacturing facilities in the United States. [1991
c.942 §7]
526.815 [1963
c.298 §3; repealed by 1981 c.823 §3]
526.816 Certification by bidders for
public timber. In addition to all other requirements
of law, any person submitting a bid for the purchase of public timber must
certify to the following:
(1)
The person will not export directly or indirectly unprocessed public timber;
(2)
The person will not sell, transfer, exchange or otherwise convey unprocessed
public timber to any other person without obtaining a certification from the
person of the person’s intent to comply with ORS 526.801 to 526.831 and
526.992; and
(3)
Unless exempted by rule of a public agency, the person has not exported
unprocessed timber from private lands in Oregon for a period of not less than
24 months prior to the date of submission of the bid. [1991 c.942 §4]
526.820 [1963
c.298 §5; 1977 c.23 §1; repealed by 1981 c.823 §3]
526.821 Political subdivisions to
establish rules. All political subdivisions
engaged in selling public timber shall establish, by rule, the standards and
procedures to implement the provisions of ORS 526.801 to 526.831 and 526.992. [1991
c.942 §8]
526.825 [1963
c.298 §4; 1967 c.34 §4; repealed by 1981 c.823 §3]
526.826 Barring timber export violators
from unprocessed public timber purchases. A
public agency may debar any person who violates any provision of ORS 526.801 to
526.831 and 526.992, or any rule adopted pursuant thereto, from entering into
any contract for the purchase of unprocessed timber from public lands for a
period of not more than five years. Such person shall also be precluded from
taking delivery of public timber purchased by another party for the period of
debarment. [1991 c.942 §10]
526.830 [1963
c.298 §6; repealed by 1977 c.23 §2]
526.831 Contract cancellation for timber
export violation. A public agency may cancel any
contract entered into with a person found to have violated any provision of ORS
526.801 to 526.831 and 526.992, or any rule adopted pursuant thereto. [1991
c.942 §11]
526.835
[Formerly 526.810; 1981 c.823 §2; 1981 c.823 §2; repealed by 1991 c.942 §12]
MISCELLANEOUS
526.900 Review of state regulations and
policies affecting implementation of conservation strategies.
(1) The State Forestry Department and the State Department of Agriculture
shall, in consultation with relevant state agencies and other public or private
organizations, review state statutes, rules, policies and programs that affect
landowner decisions to implement conservation strategies.
(2)
The review conducted under subsection (1) of this section shall include:
(a)
Establishing a statewide strategy for the implementation and coordination of
incentives, regulatory disincentives, expedited permit processes and related
taxes.
(b)
The development of a stewardship agreement program for rural lands that
establishes a baseline management standard for landowners and a voluntary
higher standard that provides natural resource benefits and regulatory
certainty for landowners. [2001 c.708 §17]
Note:
526.900 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
526.905 Management plans or policies to
reduce risk of loss of forest resources. (1) Pursuant
to its authority to improve the efficient and effective use of state resources,
the Oregon Department of Administrative Services shall coordinate with the
State Department of Fish and Wildlife, the State Parks and Recreation
Department, the State Forestry Department, the Department of State Lands and
any other state agency that has oversight responsibilities for state
forestlands to adopt forest management plans or policies that:
(a)
Establish forest health programs and management strategies designed to reduce
the risk of catastrophic loss of forest resources from disease and insect
infestation.
(b)
Establish goals and strategies for managing forest fuel accumulation in order
to reduce the risk of catastrophic fires in areas historically subject to
frequent, periodic fires.
(2)
To the extent that a state agency with oversight responsibilities for state
forestlands has, as of January 1, 2004, policies, approved forest management
plans or other strategies designed to address forest health and forest fuels
management, those policies, plans and strategies may be incorporated into the
plans and policies developed by the Oregon Department of Administrative
Services.
(3)
The Oregon Department of Administrative Services may develop forest fuel
reduction and forest health restoration projects that may be implemented by
state agencies. Such projects may include procedures for:
(a)
Identifying forests that are at high risk of loss due to fuel accumulation,
disease or insect infestation.
(b)
Cooperating with local governments to identify locations where the urban-forest
interface poses the greatest risk of contributing to damage or loss during a
fire.
(c)
Establishing priority areas for the projects due to natural, economic or scenic
values. [2003 c.424 §1]
Note:
526.905 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 526 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
PENALTIES
526.990 Criminal penalty.
Violation of any rule promulgated under ORS 526.041 (1) is, upon conviction,
punishable as a misdemeanor. [1969 c.249 §4]
526.992 Criminal and civil penalties for
timber export violation. (1) A person who, with willful
disregard for the prohibitions contained in ORS 526.801 to 526.831 against
exporting public timber, exported or caused to be exported unprocessed timber
originating from public lands in violation of this chapter is guilty of a Class
C felony and may be assessed a civil penalty not to exceed $500,000 for each
violation or three times the gross value of the unprocessed timber involved in
the violation, whichever amount is greater.
(2)
If the agency concerned finds, on the record and after an opportunity for a
hearing, that a person has violated any provision of ORS 526.801 to 526.831 or
any rule issued pursuant thereto relating to lands which the agency administers
(notwithstanding that such violation may not have caused the export of
unprocessed public timber in violation of this chapter), such agency may:
(a)
Assess against such person a civil penalty not more than $75,000 for each
violation if it is determined that the violation was casual or involuntary.
(b)
Assess against such person a civil penalty not more than $500,000 or three
times the gross value of the unprocessed timber involved in the violation,
whichever amount is greater, if it is determined that the person committed such
violation willfully. Any person who willfully commits such a violation is
guilty of a Class C felony.
(3)
Any civil penalty imposed under this section shall become due and payable when
the person incurring the penalty receives a notice in writing of the imposition
of the penalty. The notice may be personally served on the person incurring the
penalty or may be sent by registered or certified mail.
(4)
The person incurring the penalty shall have 20 days from the date of receiving
the notice to make written application for a hearing.
(5)
Any person who makes application as provided for in subsection (4) of this
section shall be entitled to a hearing. The hearing shall be conducted as a
contested case hearing pursuant to the applicable provisions of ORS 183.413 to
183.470.
(6)
Judicial review of an order made after a hearing under this section shall be as
provided in ORS 183.480 to 183.497 for judicial review of contested cases.
(7)
When an order assessing a civil penalty under this section becomes final by
operation of law or on appeal, and the amount of penalty is not paid within 10
days after the order becomes final, the order may be recorded with the county
clerk in any county of this state. The clerk shall thereupon record the name of
the person incurring the penalty and the amount of the penalty in the County
Clerk Lien Record.
(8)
All moneys recovered pursuant to this section shall be paid into the State
Forestry Department Account and may be used only to pay the expenses of
administration, investigation and enforcement of ORS 526.801 to 526.831 by the
State Forester or any law enforcement agency. [1991 c.942 §9; 1999 c.59 §165]
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