2007 Oregon Code - Chapter 526 :: TITLE 44
TITLE 44
FORESTRY AND
Chapter 526. Forestry Administration
527. Insect and Disease Control;
530.
532. Branding of
_______________
Chapter 526
Forestry Administration
2007 EDITION
FORESTRY ADMINISTRATION
FORESTRY AND
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
526.215 State
Board of Higher Education to conduct research and experimentation programs
526.225 Forest
Research Laboratory; cooperative programs; advisory committee
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
(
526.271 Findings
526.274 Authority
to participate in federal forest management
(
526.277 Findings;
definitions for ORS 526.277 and 526.280
526.280 Responsibilities
of State Forester; woody biomass utilization; report
COUNTY FORESTLAND CLASSIFICATION
526.305 Definitions
for ORS 526.305 to 526.370
526.310 County
classification committees; rules
526.320 Investigation
of forestlands by committees; determination of adaptability for particular uses
526.324 Classification
of forestland by committee; publication
526.328 Hearing;
final classification; reclassification
526.332 Appeal
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
owners 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
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) Board means the State Board of
Forestry.
(2) Certified Burn Manager means an
individual, other than the forester, who is currently certified under a program
established pursuant to ORS 526.360 (3).
(3) Department means the State Forestry
Department.
(4) Forester means the State Forester or
the authorized representative of the forester.
(5) Forestland means any woodland,
brushland, timberland, grazing land or clearing, which, during any time of the
year, contains enough forest growth, slashing or vegetation to constitute, in
the opinion of the forester, a fire hazard, regardless of how the land is zoned
or taxed.
(6) 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.
(7) Nonindustrial private forest
landowner means any forest landowner who does not own a forest products
manufacturing facility that employs more than six people.
(8) Nonindustrial private forestland
means any forestland owned by a nonindustrial private forest landowner. [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]
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 members 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 Foresters 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
(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 541.375 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. [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]
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
(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) Excepting the sinking fund moneys
designated in ORS 530.280 and reimbursements for the revolving account under
ORS 526.121, 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 appropriated continuously, 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 appropriated
continuously to the State Forestry Department to be used for urban and
community forest activities described in ORS 469.634 and 469.652.
(4) The
(5) The
(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
(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]
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
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
(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
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
(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
(2)
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
(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
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)
(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]
526.215
State Board of Higher Education to conduct research and experimentation
programs. To aid in the
economic development of the State of
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
526.230 [Repealed by 1961 c.297 §12]
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.
Note: Section 6, chapter 541, Oregon Laws 2005,
provides:
Sec.
6. The State Forester shall
report to an interim committee of the Legislative Assembly dealing with natural
resources no later than October 1, 2008. The report shall contain an assessment
of the means used by the forester and the State Board of Forestry to secure
forest tree seedlings and be accompanied by any recommendations of the forester
or the board for legislation regarding the securing of forest tree seedlings.
[2005 c.541 §6]
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
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,
(b) Willamette Region, consisting of
Multnomah, Clackamas,
(c) Southern Region, consisting of
Douglas, Coos, Curry, Josephine and
(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]
(
526.271
Findings. The Legislative
Assembly finds and declares that:
(1) The State Forestry Department is
well-positioned, due to experience in managing
(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
Note: See note under 526.271.
(
526.277
Findings; definitions for ORS 526.277 and 526.280. 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
(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 forest
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
(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 forest 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
forest 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.
(7) As used in this section and ORS
526.280:
(a) 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.
(b) 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. [2005 c.772 §3]
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
(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 Economic and
(5) Allow the State Forestry Department to
conduct inventories of the types of woody biomass available and to serve as an
information resource for persons seeking to utilize woody biomass for energy
development. Notwithstanding ORS 192.501, reports on any inventories of biomass
conducted by the department 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
(8) Seek opportunities to provide a source
of woody biomass from federal, tribal, state and private forests.
(9) Prepare a report every three years
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]
Note: See note under 526.271.
Note: Section 5, chapter 772, Oregon Laws 2005,
provides:
Sec.
5. The State Forester shall
prepare a report referred to in section 4 (9) of this 2005 Act [526.280 (9)] no
later than October 1, 2008. [2005 c.772 §5]
COUNTY
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 county 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]
526.310
County classification committees; rules. (1) The governing body of each county containing forestland may
establish a county forestland classification committee of five persons, of whom
one shall be appointed by the State Forester, one by the Director of the Oregon
State University Extension Service and three by the governing body. Of the
members appointed by the governing body, one must be an owner of forestland or
a representative thereof, and one must be an owner of grazing land or a
representative thereof. Each appointing authority shall file with the forester
the name of its appointee or appointees, and the persons so named shall
constitute the committee for the county. Each member of the committee at all
times is subject to replacement by the appointing authority, effective upon the
filing with the forester by that authority of written notice of removal and the
name of the new appointee.
(2) The committee shall elect from among
its members a chair and a secretary and may elect or employ other officers,
agents and employees, 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.
(3)(a) The governing body of the county
may provide for the committee and its employees such accommodations and
supplies and such county funds not otherwise appropriated as the governing body
finds necessary for the proper performance of the committees functions.
(b) The forester may provide for the
committee and its employees such accommodations and supplies and such forest
protection district funds as the forester finds necessary for the proper
performance of the committees functions.
(4) The members of the committee shall
receive no compensation for their services but the governing body or the
forester 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]
526.320
Investigation of forestlands by committees; determination of adaptability for
particular uses. Upon
establishment of a committee under ORS 526.310, the committee shall investigate
and study all forestland within its county and determine which of the land is
suitable primarily for the production of timber, which is suitable primarily
for joint use for timber production and the grazing of livestock, and which is
suitable primarily for grazing or other agricultural use. 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]
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
its county to one of the following classes:
(a) Class 1, timber class, includes all
forestland primarily suitable for the production of timber.
(b) Class 2, timber and grazing class,
includes all forestland primarily suitable for joint use for timber production
and the grazing of livestock, as a permanent or semipermanent joint use, or as
a temporary joint use during the interim between logging and reforestation.
(c) Class 3, agricultural class, includes
all forestland primarily suitable for grazing or other agricultural use.
(2) The committee first shall adopt a
preliminary classification and upon its completion shall cause notice thereof
to be published once a week for two consecutive weeks in a newspaper of general
circulation in the county and to be posted in three public places within the
county. The notice shall state the time and place for hearing or receiving
objections, remonstrances or suggestions as to the proposed classification and
the place where a statement of the preliminary classification may be inspected.
[1965 c.253 §37; 1967 c.429 §32]
526.328
Hearing; final classification; reclassification. (1) The committee shall hold a public
hearing 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 proposed classification. Following the hearing the committee
may make such changes in the preliminary classification as it finds to be
proper, and thereafter shall make its final classification.
(2) All action by the committee in
classifying or reclassifying forestland shall be by formal written order which
must include a statement of findings of fact on the basis of which the order is
made, and must include a map showing the classifications or reclassifications
made. The original of the order shall be filed immediately with the county
clerk of the county, who shall maintain it available for public inspection. A
copy of the order certified by the secretary of the committee shall be sent to
the State Board of Forestry. [1965 c.253 §38]
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. The appeal shall be
taken by serving the notice of appeal on the secretary of the committee or, if
the classification was made under ORS 526.340, on the State Forester, and by
filing such a notice with the county clerk.
(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]
526.340
Classification by State Forester. (1) In the event no classification of forestland is made by a
committee within a county in which such land is situated because no committee
was appointed for a period of time exceeding two years or, if appointed, a
committee did not act for a period of time exceeding two years or acted in a
manner inconsistent with law, the State Forester may make the final
classifications that were otherwise to be made by a committee.
(2) Classifications by the State Forester
have the same force and effect as though made by a committee for that county.
However, classifications made by the State Forester cease to be effective if
replaced by classifications made pursuant to ORS 526.328 by the appropriate
committee. [Amended by 1965 c.253 §40; 1997 c.274 §43]
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 owners 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,
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,
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
(2) Nonindustrial private forestlands are
an important part of
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
(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
Note: The amendments to 526.465 by section 7,
chapter 883,
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
(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
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,
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
(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
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
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
(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
(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
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 members 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
(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 institutes revenue from the
current years 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
(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]
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 purchasers 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
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
(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
(a) Held in trust by the
(b) Held by any Indian tribe or individual
subject to a restriction by the
(4) Public body means an agency of the
State of
(5) Public lands means lands owned by
the State of
(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
(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 persons 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
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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