2007 Oregon Code - Chapter 530 :: Chapter 530 - State Forests - Community Forests
Chapter 530 —
2007 EDITION
FORESTRY AND
ACQUISITION, MANAGEMENT AND DEVELOPMENT OF
STATE FORESTS
530.010Â Â Â Â State
Board of Forestry authorized to acquire lands; limitations; lands designated as
state forests
530.020Â Â Â Â Conditions
precedent to acceptance of title; approval by Attorney General; suit to quiet
title; deeds, deposit and recordation
530.030Â Â Â Â Conveyance
of county lands to state; consideration; adjustment of delinquent fire patrol
liens; contracts concerning removal of timber and disposition of proceeds from
sale thereof
530.040Â Â Â Â Exchange
of forestland or timber; reservations; hearing; approval of title; status of
lands received
530.050Â Â Â Â Management
of lands acquired; powers of forester; rules
530.055Â Â Â Â Leasing
lands acquired
530.059Â Â Â Â Procedure
for sales of forest products; surety deposit required of bidder
530.065Â Â Â Â Modifying
timber sale contracts
530.075Â Â Â Â Validation
of state acquisition of county land; purposes for which land may be used;
disposition of revenue
530.110Â Â Â Â Distribution
of revenues from lands acquired under ORS 530.010 to 530.040
530.115Â Â Â Â Disposition
of certain moneys described in ORS 530.110; disposition of forest product
rehabilitation revenues
530.120Â Â Â Â Account
of receipts from lands acquired; annual statement to county
530.130Â Â Â Â Bonds
may be issued and sold in exchange for lands
530.140Â Â Â Â Forest
development revenue bonds
530.150Â Â Â Â Redemption
of bonds
530.160Â Â Â Â Refunding
of bonds
530.170Â Â Â Â Disposition
of revenues from lands acquired under former statute
530.210Â Â Â Â Definitions
for ORS 530.210 to 530.280
530.220Â Â Â Â
530.230Â Â Â Â Issuance
of bonds; limitation on issues
530.240Â Â Â Â Use
of revenue from bond sales
530.250Â Â Â Â State
Forester to rehabilitate state forestlands; assistants, equipment and
contracts; rules
530.255Â Â Â Â Hardwood
species for reforestation
530.280Â Â Â Â Sinking
fund account; composition, disbursement and investment
530.450Â Â Â Â Withdrawal
from sale of
530.460Â Â Â Â Lands
suited for growing forest products to be designated Common School Forest Lands
and withdrawn from sale
530.470Â Â Â Â Determination
of lands to be designated Common School Forest Lands
530.480Â Â Â Â Legal
descriptions of lands; resolutions of State Land Board and State Board of
Forestry
530.490Â Â Â Â Management,
control and protection of
530.500Â Â Â Â Authority
of State Forester in management, protection, utilization and conservation of
lands and waters; rules
530.510Â Â Â Â Exchanges
of land
530.520Â Â Â Â Use
of receipts; manner of paying administrative expenses
COMMUNITY
530.600Â Â Â Â Definitions
for ORS 530.600 to 530.628
530.602Â Â Â Â Findings
530.604Â Â Â Â Community
forest authorities
530.606Â Â Â Â Creation
of authority; modification; dissolution
530.608Â Â Â Â Board
of directors of authority; officers; terms; rules
530.610Â Â Â Â Levy
of taxes prohibited
530.612Â Â Â Â Powers
of authority
530.614Â Â Â Â Authorization
to issue bonds or other obligations; method of issuance
530.616Â Â Â Â Authorization
to borrow moneys or to issue, sell and assume bond anticipation notes
530.618Â Â Â Â Effect
of bonds or other obligations on municipality
530.620Â Â Â Â Loan
repayment
530.622Â Â Â Â Authorities
may act jointly; limits on acquisition of forestlands
530.624Â Â Â Â Assets
and income of authority exempt from taxation; exceptions
530.626Â Â Â Â Earnings
in excess of amounts required for authority
530.628Â Â Â Â Application
of laws to authority and to issuance of bonds
530.900Â Â Â Â Disposition
of fines and court costs
530.990Â Â Â Â Penalties
for forest management violations
ACQUISITION, MANAGEMENT AND DEVELOPMENT OF
STATE FORESTS
     530.010
State Board of Forestry authorized to acquire lands; limitations; lands designated
as state forests. (1) The
State Board of Forestry, referred to in this chapter as the board, in the name
of the State of Oregon, may acquire, by purchase, donation, devise or exchange
from any public, quasi-public or private owner, lands which by reason of their
location, topographical, geological or physical characteristics are chiefly
valuable for the production of forest crops, watershed protection and
development, erosion control, grazing, recreation or forest administrative
purposes.
     (2) The board shall not acquire any land
without prior approval, duly made and entered, of the county court or board of
county commissioners of the county in which the lands are situated.
     (3) Lands acquired under the provisions of
this section shall be designated as state forests. [Amended by 1953 c.43 §2;
1967 c.396 §1]
     530.020
Conditions precedent to acceptance of title; approval by Attorney General; suit
to quiet title; deeds, deposit and recordation. Title to all lands acquired by the State
Board of Forestry under ORS 530.010 shall be free and clear of all encumbrances
except easements of rights of way and reservations or exceptions of gas, oil,
coal, mineral and timber rights. All titles shall be approved by the Attorney
General before conveyance is accepted. However, the Attorney General may
approve title to lands proposed to be acquired from counties under the
provisions of ORS 530.030 or proposed to be acquired by donation or devise
when, in the opinion of the Attorney General, existing defects of title are of
formal nature and may be cured by suit to quiet title. In case of acquisition
of lands with defective title, the Attorney General may institute suit to quiet
title to such lands, and all costs in connection therewith shall be a proper
charge against the funds of the board. All deeds, abstracts, title insurance
policies, and other evidences of title to lands acquired under ORS 530.010 to
530.040 shall be deposited with the Secretary of State. All deeds shall
promptly be recorded in the county in which the lands are situated. [Amended by
1955 c.421 §1]
     530.030
Conveyance of county lands to state; consideration; adjustment of delinquent
fire patrol liens; contracts concerning removal of timber and disposition of
proceeds from sale thereof.
(1) The county court or board of county commissioners of any county may convey
to the state for state forests any lands heretofore or hereafter acquired by
such county through foreclosure of tax liens, or otherwise, that are within the
classification of lands authorized to be acquired under ORS 530.010, if the
State Board of Forestry deems such lands necessary or desirable for
acquisition, in consideration of the payment to such county of the percentage
of revenue derived from such lands as provided in ORS 530.110. In connection
with any such conveyance, the State Board of Forestry shall have authority to
make equitable adjustments with any county of accrued delinquent fire patrol
liens on lands heretofore or hereafter acquired by such county by foreclosure
of tax liens.
     (2) As to such lands acquired by the State
Board of Forestry with title to the timber remaining in the county for a
designated period of time, the State Forester may enter into contracts with the
county to supervise the removal and sale of such timber, and under such
contracts the gross proceeds of the sale thereof shall be disposed of as
follows:
     (a) Ten percent of such gross proceeds
shall be paid into the State Treasury and credited to the State Forestry
Department Account and shall be used exclusively for the purposes and under the
limitations set out in ORS 530.110 (1)(a).
     (b) A percentage of such gross proceeds
shall be accepted by the State Forester, pursuant to written contract with the
county authority, as compensation for the supervision and management of
county-owned timber. The moneys so derived shall be paid into the State
Treasury and credited to the State Forestry Department Account and shall be
used exclusively for the supervision and management of state forests acquired
pursuant to ORS 530.010. [Amended by 1953 c.65 §5; 1957 c.83 §13; 1965 c.423 §1;
2007 c.71 §171]
     530.040
Exchange of forestland or timber; reservations; hearing; approval of title;
status of lands received.
(1) It is desirable that lands acquired under the provisions of ORS 530.010
shall be consolidated in areas wherever possible through exchanges of land. It
is recognized that the management of state forests will be more economically
feasible through such consolidation.
     (2) In order to accomplish the objectives
of subsection (1) of this section, the State Board of Forestry may exchange any
land acquired under the provisions of ORS 530.010, or may exchange the timber
on such land, for land of approximately equal aggregate value, situated in the
same county, when such exchange is in furtherance of the purposes of ORS
530.010. However, the State Board of Forestry may exchange land or timber
situated in one county or counties for land situated in another county or
counties if such exchange is first approved by the county court or board of
county commissioners of each county involved. Either party to any such exchange
may make reservations of easements, rights of use and other interests and
rights. Under the authority granted in this section, the State Board of
Forestry may provide or receive, in addition to land to be exchanged, a
monetary consideration where necessary to make the values comply with this
subsection.
     (3) Before making any such exchange, the
State Board of Forestry shall hold a hearing thereon at the courthouse of the
county in which such lands are situated and shall give notice of the time and
place thereof by publication in two successive issues of a newspaper of general
circulation published in such county. The notice shall contain a description of
the lands to be given and to be received in the proposed exchange. However, no
such exchange shall be made until the title to the lands to be received has
been approved by the Attorney General.
     (4) All lands received in exchange shall
have the same status and be subject to the same provisions of law as the lands
given in exchange therefor. [Amended by 1955 c.421 §2; 1959 c.103 §1; 1967
c.396 §2; 2007 c.71 §172]
     530.050
Management of lands acquired; powers of forester; rules. Under the authority and direction of the
State Board of Forestry except as otherwise provided for the sale of forest
products, the State Forester shall manage the lands acquired pursuant to ORS
530.010 to 530.040 so as to secure the greatest permanent value of those lands
to the state, and to that end may:
     (1) Protect the lands from fire, disease
and insect pests, cooperate with the counties and with persons owning lands
within the state in the protection of the lands and enter into all agreements
necessary or convenient for the protection of the lands.
     (2) Sell forest products from the lands,
and execute mining leases and contracts as provided for in ORS 273.551.
     (3) Enter into and administer contracts
for the sale of timber from lands owned or managed by the State Board of
Forestry and the State Forestry Department.
     (4) Permit the use of the lands for other
purposes, including but not limited to forage and browse for domestic
livestock, fish and wildlife environment, landscape effect, protection against
floods and erosion, recreation, and protection of water supplies when, in the
opinion of the board, the use is not detrimental to the best interest of the
state.
     (5) Grant easements, permits and licenses
over, through and across the lands. The State Forester may require and collect
reasonable fees or charges relating to the location and establishment of
easements, permits and licenses granted by the state over the lands. The fees
and charges collected shall be used exclusively for the expenses of locating
and establishing the easements, permits and licenses under this subsection and
shall be placed in the State Forestry Department Account.
     (6) Require and collect fees or charges
for the use of state forest roads. The fees or charges collected shall be used
exclusively for purposes of maintenance and improvements of the roads and shall
be placed in the State Forestry Department Account.
     (7) Reforest the lands and cooperate with
the counties, and with persons owning timberlands within the state, in the
reforestation, and make all agreements necessary or convenient for the
reforestation.
     (8) Require such undertakings as in the
opinion of the board are necessary or convenient to secure performance of any
contract entered into under the terms of this section or ORS 273.551.
     (9) Sell rock, sand, gravel, pumice and
other such materials from the lands. The sale may be negotiated without
bidding, provided the appraised value of the materials does not exceed $2,500.
     (10) Enter into agreements, each for not
more than 10 years duration, for the production of minor forest products.
     (11) Establish a forestry carbon offset
program to market, register, transfer or sell forestry carbon offsets. In
establishing the program, the forester may:
     (a) Execute any contracts or agreements
necessary to create opportunities for the creation of forestry carbon offsets;
and
     (b) Negotiate prices that are at, or
greater than, fair market value for the transfer or sale of forestry carbon
offsets.
     (12) Do all things and make all rules, not
inconsistent with law, necessary or convenient for the management, protection,
utilization and conservation of the lands. [Amended by 1953 c.65 §5; 1955 c.421
§3; 1957 c.228 §1; 1959 c.141 §1; 1963 c.475 §1; 1965 c.128 §1; 1967 c.396 §3;
1983 c.759 §9; 2001 c.752 §8; 2005 c.103 §37]
     530.055
Leasing lands acquired.
Except as limited in this section but subject to separate sale of forest
products under ORS 530.059, lands acquired under ORS 530.010 to 530.040 may be
leased by the State Forester to any person when approved by the State Board of
Forestry and for purposes deemed by the board to be more in the public interest
than the purposes for which the land was acquired. [1965 c.128 §3]
     530.059
Procedure for sales of forest products; surety deposit required of bidder. (1) Before offering any forest products for
sale under authority of ORS 530.050 or 530.500, the State Forester shall cause
the forest products to be appraised. Should the appraised value of the forest
products be in excess of $25,000, the State Forester shall not sell the same to
a private person, firm or corporation, except after giving notice of the sale
as required by this section, and affording an opportunity for competitive
bidding either by public auction or through sealed bids, or a combination of
both; provided, however, that such notice and opportunity for competitive
bidding will not be required for sales in connection with:
     (a) Experimental or research projects in
the field of forestland management or forest product utilization.
     (b) The removal, injury or destruction of
forest products necessitated by any grant of easement or right of way, or
necessitated by a permit or license to use a right of way, including trees
which may endanger the use of such easement or way.
     (c) The removal of forest products with an
appraised value of less than $100,000 that, as a result of an act of nature or
other unforeseen circumstance:
     (A) Pose a threat to the health of the
forests, waterways or forest road infrastructures; or
     (B) Will lose value as a result of
potential theft.
     (d) The removal of forest products with an
appraised value of less than $100,000 to facilitate the development, placement
or maintenance of forest road infrastructures.
     (2) The State Forester shall give the
notice required by subsection (1) of this section by mail to all persons
requesting such notice and in such other media of communication as the State
Forester may deem advisable. The State Forester shall maintain a mailing list
with the names and addresses of persons who have requested to receive State Forestry
Department notices of timber sales. The notice shall describe the forest
products to be sold and the land on which such products are situated, state the
minimum price at which the same may be sold, and contain a brief statement of
the terms of the sale. As a provision of each sale, the State Forester shall
reserve the right to accept or reject any or all bids.
     (3) Prior to or at the time the State
Forester receives bids, each bidder shall furnish the State Forester with a
certified check, cashierÂ’s check, money order, surety bond, cash deposit,
assignment of surety, irrevocable letters of credit or other securities as
determined acceptable by the State Forester in an amount designated by the
State Forester but said amount shall not exceed 10 percent of the minimum price
of the forest products to be sold, which check, order or deposit, in the case
of the successful bidder, shall be retained by the State Forester as a credit
toward payment of the purchase price of the forest products sold, and which, in
the case of the unsuccessful bidders, shall be returned to them after
determination of the successful bid. Any checks, bonds or orders furnished
under this subsection shall be made payable to the State of
     (4) The State Forester is authorized to
require and accept a surety bond, cash deposit, assignment of surety,
irrevocable letters of credit or other securities as determined acceptable by
the State Forester. Claims against such bond shall be made to the State
Forester for determination. If the claim is disputed, the forester may request
settlement of the claim through compromise or mediation or require the claim to
be litigated.
     (5) If the provisions of this section have
been complied with, and no satisfactory bid has been received, or the bidder
fails to complete the purchase, the State Forester may, at any time, during a
period of six months after the advertised date of sale, sell the forest
products in such manner as the forester deems appropriate, but the sale price
shall not be less than the minimum terms offered in the notice of sale or the
highest bid received, whichever is the larger amount. [1959 c.141 §4; 1963
c.475 §2; 1967 c.396 §4; 1975 c.185 §7; 1983 c.759 §10; 1987 c.324 §1; 1995
c.375 §3; 1997 c.285 §1]
     530.060 [Repealed by 1957 c.229 §1]
     530.065
Modifying timber sale contracts. (1) During the period of a timber sale contract made under ORS
530.059, either party may propose to change or modify the terms of the contract
if unforeseen circumstances develop. As used in this subsection, “unforeseen
circumstances” means acts of nature or other unforeseen circumstances or
conditions that:
     (a) Affect the nature or scope of the work
to be performed or volume to be harvested under the terms of the sale contract
made by the State Forester; or
     (b) Require additional work or harvest in
an area adjacent to a timber sale made by the State Forester.
     (2) The State Forester is hereby
authorized to change or modify the terms or conditions of the contract in the
event of unforeseen circumstances requiring such change or modification under
subsection (1) of this section only when:
     (a) Such change or modification is in the
best interest of the State of
     (b) The purchaser of the timber sale
agrees that the proposed change or modification will maintain an equitable
contractual relationship between the parties. [1965 c.128 §2; 1983 c.759 §11;
1997 c.285 §2]
     530.070 [Repealed by 1957 c.229 §1]
     530.075
Validation of state acquisition of county land; purposes for which land may be
used; disposition of revenue.
(1) Notwithstanding ORS chapter 275 or any other law, deeds of conveyance or
other instruments transferring county forests, public parks or recreational
areas, from a county to the State of Oregon, either acting by and through or
for the use and benefit of the State Board of Forestry, are validated and shall
be conclusive evidence of the transfer of such lands from the county to the
state.
     (2) The State Board of Forestry shall use,
manage and develop such lands for the purposes designated in ORS 275.320 if
such lands are suitable for such purposes; otherwise, the lands shall be used
for the purposes stated in ORS 530.010 and any revenue derived from the sale of
forest products from such lands shall be disposed of in accordance with the
provisions of ORS 530.110 (2). In other instances where the county received
title to the land from a grantor with the provision that the land be used for
particular purposes, this section shall not be construed to obviate such
purposes. [1963 c.475 §3]
     530.080 [Repealed by 1957 c.229 §1]
     530.090 [Repealed by 1957 c.229 §1]
     530.100 [Repealed by 1957 c.83 §26]
     530.110
Distribution of revenues from lands acquired under ORS 530.010 to 530.040. (1) All revenues derived from lands acquired
without cost to the state, or acquired from counties pursuant to ORS 530.030,
shall be paid into the State Treasury and credited to the State Forestry
Department Account and shall be used exclusively for the purposes stated in
subsection (3) of this section, and in accordance with the following
distribution:
     (a) Fifteen percent shall be credited to
the State Forests Protection Subaccount of the State Forestry Department
Account until the amount in such subaccount shall reach $475,000. Thereafter,
the revenues shall be disposed of as stated in paragraphs (b) and (c) of this
subsection, unless needed to maintain the $475,000 level. All moneys in the
State Forests Protection Subaccount are appropriated continuously to the State
Forester who may use such money under the following priorities:
     (A) First, in addition to or in lieu of
other moneys available, to pay the cost of protection, as determined under ORS
477.270, for lands acquired under ORS 530.010 to 530.040.
     (B) Second, to provide moneys needed for
activities authorized by subsection (3) of this section.
     (C) From remaining moneys, to pay costs
incurred in the suppression of fire originating on or spreading from an
operation area, as defined in ORS 477.001, on state-owned forestland acquired
under ORS 530.010 to 530.040. The State Forester shall make payments with
approval of the State Board of Forestry for such fire suppression costs; except
that no payments shall be made for such costs or portion thereof when other
parties are responsible under law or contracts for the payment of such costs.
     (b) Seventy-five percent of all such
revenues remaining after the percentage disposed of as stated in paragraph (a)
of this subsection, shall be disposed of as provided in ORS 530.115.
     (c) Twenty-five percent of all such revenues
remaining after the percentage disposed of as stated in paragraph (a) of this
subsection, shall be used for the purposes set out in subsection (3) of this
section.
     (2) All revenues from lands other than
lands designated in subsection (1) of this section, acquired under ORS 530.010
to 530.040, shall be paid into the State Treasury and credited to the State
Forestry Department Account and shall be used exclusively for the purposes
stated in subsection (3) of this section, and in accordance with the following
distribution:
     (a) Until each legal subdivision of the
lands has been credited with an amount equal to the purchase price thereof, the
revenues shall reimburse the State Forestry Department Account. If sufficient
revenue to reimburse the State Forestry Department Account is not generated
from the purchased parcels within five years from the date of acquisition, the
State Forester, with the consent of the affected county, shall deduct all or
portions of the unreimbursed purchase costs from the revenue distributed to
that county in accordance with ORS 530.115 (1). Thereafter paragraphs (b), (c)
and (d) of this subsection apply.
     (b) The percentage required under
subsection (1)(a) of this section shall be credited to the State Forests
Protection Subaccount, thereafter, the revenues shall be disposed of as stated
in paragraphs (c) and (d) of this subsection.
     (c) Seventy-five percent of all such
revenues remaining after paragraphs (a) and (b) of this subsection have been
complied with, shall be disposed of as provided in ORS 530.115.
     (d) Twenty-five percent of all such
revenues remaining after the percentage disposed of as stated in paragraphs (a)
and (b) of this subsection, shall be used for the purposes set out in
subsection (3) of this section.
     (3) Unless otherwise consented to in
advance and in writing by the counties from which the state has acquired lands
without cost to the state or pursuant to ORS 530.130, the moneys in the State
Forestry Department Account derived from those percentages of revenues set out
in subsections (1)(c) and (2)(d) of this section shall be used exclusively for
the redemption of Oregon forest development revenue bonds and payment of
interest thereon, for the acquisition, development and management of
forestlands and for such other purposes as are necessary in carrying out ORS
530.010 to 530.110. [Amended by 1953 c.65 §5; 1957 c.83 §14; 1965 c.317 §6;
1965 c.423 §2; 1969 c.428 §1; 1991 c.459 §423; 1991 c.876 §1; 1997 c.249 §180;
2007 c.911 §8]
     530.115
Disposition of certain moneys described in ORS 530.110; disposition of forest
product rehabilitation revenues. (1) Except as set forth in subsection (2) of this section, moneys
described in ORS 530.110 (1)(b) and (2)(c) shall be credited to the county in
which the lands are situated and shall be paid quarterly to the county by a
warrant drawn as provided by law, pursuant to claim therefor, duly approved by
the State Board of Forestry. Payment shall be made on or before the last day of
each month following the end of the calendar quarters ending on March 31, June
30, September 30 and December 31. Money received under this subsection by the
county shall be applied in the following order:
     (a) The county general fund shall be
reimbursed for all costs and expenses incurred by the county in the maintenance
and supervision of such lands and in any suits by it to quiet its title to
lands conveyed to the state; provided that the proceeds so applied shall not be
less than 10 percent of the total proceeds received.
     (b) Twenty-five percent of the remainder
of the money shall be credited and paid into the county school fund created
under ORS 328.005.
     (c) The remainder of the money shall be by
the county prorated and apportioned to the various taxing districts in which
the lands are situated in the proportion that the rate of tax levy in each
district as shown by the tax levy filed with the assessor for the last year in
process of collection, bears to the total rate of tax levy of all such taxing
bodies for such year.
     (2) After payment of the principal and
interest of each bond issue issued pursuant to ORS 530.210 to 530.280, 20
percent of the moneys derived from forest products created through expenditures
of moneys available from such bond issue shall be credited to the General Fund
until the state is reimbursed for its costs under the bond issue in that
county. However, the governing body of the county in its discretion may
authorize a higher percentage of that countyÂ’s allocation for any year to be so
credited to the General Fund. [1969 c.428 §3; 1969 c.595 §16; 1973 c.436 §2;
1977 c.840 §17]
     530.120
Account of receipts from lands acquired; annual statement to county. The State Board of Forestry shall keep an
accurate account, by legal subdivisions, of all receipts from lands acquired
under the provisions of ORS 530.010 to 530.040 and shall credit to each legal
subdivision the revenues derived therefrom. The board shall render annually to
each county in which lands acquired under the provisions of ORS 530.010 to
530.040 are situated, a statement, by legal subdivisions, showing the revenues
derived from each of such legal subdivisions.
     530.130
Bonds may be issued and sold in exchange for lands. (1) In compliance with the applicable
provisions of ORS chapter 286A, the State Board of Forestry may request the
State Treasurer to issue the revenue bonds described in ORS 530.140 in exchange
for lands selected by it in accordance with ORS 530.010 and to sell such bonds
in such manner as the State Treasurer deems advisable. Should the bonds be
sold, the proceeds shall be paid into the State Treasury and credited to the
State Forestry Department Account and shall be expended only by warrant of the
Oregon Department of Administrative Services in the payment of vouchers bearing
the approval of the board in the purchase of lands, as provided in ORS 530.010.
     (2) Lands proposed to be taken in exchange
for bonds shall first be appraised by the board and the appraisal approved by
the Department of State Lands. [Amended by 1957 c.83 §15; 1959 c.209 §1; 1975
c.614 §17; 1981 c.660 §43; 2007 c.783 §213]
     530.140
Forest development revenue bonds. (1) The State Board of Forestry may request the State Treasurer to
sell revenue bonds of the State of Oregon, to be known as Oregon forest
development revenue bonds, in an amount authorized under ORS 286A.035. The
bonds shall not constitute a general obligation of the state, nor be a lien on
any of the lands acquired by the state under ORS 530.010.
     (2) The bonds shall bear interest at a
rate to be determined by the State Treasurer. [Amended by 1957 c.83 §16; 2007
c.783 §213a]
     530.150
Redemption of bonds. (1)
When funds are available therefor, as provided in ORS 530.110, the State Board
of Forestry shall cause to be published in a newspaper of general and wide
circulation in the state a notice of call for redemption at par and accrued
interest of sufficient revenue bonds to utilize such funds. The notice shall be
published not less than twice, the second publication to be not less than 14
days after the first and not less than 30 days prior to the date of such call.
     (2) The bonds shall be called in numerical
order, beginning with the lowest number, and shall cease to draw interest after
the date fixed for redemption. Interest and principal of the bonds shall be
payable solely from the moneys available for such purposes in the State
Forestry Department Account.
     (3) Not less than 10 days before the date
set by the board for redemption of any of the revenue bonds, or the refunding
bonds issued under ORS 530.160, the board shall certify to the State Treasurer
the amount necessary to pay such redemption. Upon receipt of the certificate,
the treasurer shall prepare and verify a claim for the amount set out therein,
attaching thereto the certificate, and present the same to the Oregon
Department of Administrative Services which shall issue a warrant therefor
payable out of the moneys available for such purposes in the State Forestry
Department Account.
     (4) All bonds and interest coupons upon
payment shall be deposited by the State Treasurer with the Oregon Department of
Administrative Services, to be attached to the original claim of the State
Treasurer for payment. [Amended by 1957 c.83 §17; 1975 c.614 §18]
     530.160
Refunding of bonds. If the
revenue bonds have not been redeemed within 50 years of the date of issue as
provided in ORS 530.140, the State Board of Forestry shall cause to be sold
refunding bonds in an amount sufficient to provide funds for the redemption of
such unredeemed bonds as have been outstanding for 50 years, the proceeds of
the sale of which refunding bonds shall be used solely for the purpose of
calling and paying such bonds and coupons so refunded. The refunding bonds
shall be of like tenor as those refunded, and shall be payable only from the
moneys available for such purposes in the State Forestry Department Account.
The bonds shall show by indorsement thereon that their legality has been
approved by the Attorney General of Oregon. [Amended by 1957 c.83 §18]
     530.170
Disposition of revenues from lands acquired under former statute. Revenues from lands acquired by the state
pursuant to section 5, chapter 478, Oregon Laws 1939, shall be disposed of as
provided by law at the time of such acquisition. However, the county court or
board of county commissioners of any county from which such lands were acquired
may, by resolution duly made and entered, and delivery of a certified copy
thereof to the State Board of Forestry, elect to have such revenues disposed of
as provided in ORS 530.110 (1). [Amended by 1957 c.83 §19; 2007 c.71 §173]
     530.210
Definitions for ORS 530.210 to 530.280. When used in ORS 530.210 to 530.280, unless the context clearly would
be otherwise:
     (1) “Bonds” are the general obligation
bonds of the State of
     (2) “Forestland” is any land suitable for
the production of forest crops. [Amended by 1955 c.115 §1]
     530.220
     530.230
Issuance of bonds; limitation on issues. In order to provide funds for the purposes specified in Article XI-E
of the Oregon Constitution, the State Board of Forestry may request the State
Treasurer to issue bonds in accordance with the provisions of ORS chapter 286A,
but the annual issue shall not exceed $750,000. [Amended by 1981 c.660 §44;
2007 c.783 §214]
     530.240
Use of revenue from bond sales.
The moneys arising from the sale of each issue of bonds shall be paid into the
State Treasury and credited to the State Forestry Department Account and shall
be used exclusively for the rehabilitation, reforestation, management and
development of state-owned forestlands and the acquisition of lands for said
purposes. Moneys acquired under ORS 530.230 shall be in addition to and not in
lieu of moneys regularly appropriated or otherwise made available to the State
Board of Forestry for the administration, management and protection of state
forestlands. [Amended by 1957 c.83 §20]
     530.250
State Forester to rehabilitate state forestlands; assistants, equipment and
contracts; rules. (1) The
State Forester, under the direction of the State Board of Forestry, shall
rehabilitate, reforest and develop state-owned forestlands so as to secure the
highest permanent usefulness to the whole people of the state. In the
management and control of such land, the State Forester may employ assistants
and such other help as in the judgment of the State Forester may be necessary
and may purchase machinery, equipment and supplies required to accomplish the
purposes hereof. The State Forester may enter into any and all contracts, in
the name of the board, deemed necessary for the rehabilitation, reforestation
and development of said lands.
     (2) The board shall carry out the
provisions of ORS 530.210 to 530.280 and may promulgate such rules and
regulations and do any other act or thing necessary to meet fully the
requirements of such sections.
     530.255
Hardwood species for reforestation. (1) When making reforestation plans for state-owned or state-managed
lands the State Forester, insofar as edaphic conditions permit, shall select
suitable hardwood species as well as coniferous species.
     (2) Silvicultural practices shall have as
their objective the maintenance or improvement of forest health and soil
fertility and the production of a continuous supply of coniferous and hardwood
timber consistent with sound management of fish, wildlife, recreational and
watershed values. [1993 c.346 §2]
     530.260 [Amended by 1975 c.462 §15; repealed by 1981
c.660 §18]
     530.270 [Repealed by 1981 c.660 §18]
     530.280
Sinking fund account; composition, disbursement and investment. (1) There hereby is created a sinking fund
account to provide for the payment of the principal and interest of all bonds
issued pursuant to the provisions of ORS 530.210 to 530.280. The fund shall
consist of the following:
     (a) All moneys derived from taxes levied
under ORS 291.445;
     (b) All moneys derived from the sale,
exchange or use of land acquired pursuant to ORS 530.240; and
     (c) Except as provided in ORS 530.115, all
moneys received from the disposal of forest products created through
expenditures of moneys available under the Oregon Forest Rehabilitation Act for
reforestation.
     (2) The moneys referred to in subsection
(1) of this section shall be set aside for sinking fund purposes until the
issues of bonds which provided funds for such reforestation have been retired.
The State Forester shall designate and keep records of the area of land on
which the funds from particular issues of bonds have been expended for such
reforestation.
     (3) Disbursement from the sinking fund
shall be made, for the purposes stated, upon the submission of duly verified
claims, approved by the State Board of Forestry, to the Secretary of State, who
shall audit the same in the manner that other claims against the state are
audited. The Oregon Department of Administrative Services thereupon shall draw
a warrant on the State Treasurer against the fund. The money in the sinking
fund may be invested as provided in ORS 293.701 to 293.820. [Amended by 1955
c.115 §2; 1957 c.83 §21; 1967 c.335 §52; 1969 c.428 §4; 1991 c.220 §14; 1999
c.59 §168]
     530.290 [Repealed by 1991 c.220 §15]
     530.300 [Amended by 1955 c.115 §3; repealed by 1969
c.428 §5]
     530.410 [Amended by 1955 c.121 §1; repealed by 1957
c.240 §10]
     530.420 [Repealed by 1957 c.240 §10]
     530.430 [Amended by 1953 c.76 §2; 1955 c.121 §2;
repealed by 1957 c.240 §10]
     530.440 [1955 c.121 §3; repealed by 1957 c.240 §10]
     530.450
Withdrawal from sale of
     530.460
Lands suited for growing forest products to be designated Common School Forest
Lands and withdrawn from sale.
(1) The Department of State Lands and the State Board of Forestry shall
designate and set aside those lands owned by the State of
     (2) The state-owned lands shall be
designated and set aside pursuant to ORS 530.470 and 530.480, and when so
designated and set aside, shall be known as the Common School Forest Lands and
hereby are dedicated for the primary purposes stated in subsection (1) of this
section and shall be withdrawn from sale except as provided in ORS 530.450 to
530.520. [1957 c.240 §2; 1967 c.396 §5]
     530.470
Determination of lands to be designated Common School Forest Lands. (1) Periodically as is necessary, the
Department of State Lands and the State Board of Forestry shall proceed to
designate and set aside Common School Forest Lands as rapidly as forestry data
and information are obtained from field examinations of the lands eligible for
dedication under ORS 530.450 to 530.520.
     (2) Any lands so designated and set aside
may, at any time, be returned to their original status by similar actions of
said agencies, if said lands are to be used for higher and better use for the
general public, including the sale of said lands where lawful. [1957 c.240 §3;
1967 c.396 §6]
     530.480
Legal descriptions of lands; resolutions of
     530.490
Management, control and protection of
     (2) Easements on, over and across the
Common School Forest Lands and the Elliott State Forest Lands may be granted as
follows:
     (a) Permanent easements determined by the
State Forester and State Board of Forestry as necessary to accomplish the
dedicated purposes of such lands may be granted by the Department of State
Lands.
     (b) Easements other than permanent may be
granted by the State Forester under joint rules of the State Board of Forestry
and Department of State Lands.
     (3) The authority granted the State
Forester in this section shall not supersede the authority of the Department of
State Lands to grant easements on or leases for the Common School Forest Lands
and Elliott State Forest Lands for grazing purposes or for the exploration and
development of minerals, oil or gas, and any consideration received by the
Department of State Lands therefor shall be excepted from the provisions of ORS
530.520. However, the Department of State Lands shall cooperate with the
forestry program of the State Forester in granting such easements and leases
and make provisions therein for continuing the primary purposes for which such
land has been dedicated. [1957 c.240 §5; 2007 c.71 §174]
     530.500
Authority of State Forester in management, protection, utilization and
conservation of lands and waters; rules. In order to accomplish the purposes of ORS 530.490, the State Forester
may:
     (1) Protect the lands from fire, disease
and insect pests, cooperate with the counties and with persons owning lands
within the state in the protection of the lands and enter into all agreements
necessary or convenient for the protection of the lands.
     (2) Enter into and administer contracts
for the sale of timber from lands owned or managed by the State Board of
Forestry and the State Forestry Department.
     (3) Permit the use of the lands for other
purposes, including but not limited to fish and wildlife environment, landscape
effect, protection against flood and erosion, recreation and production and
protection of water supplies when the use is not detrimental to the purpose for
which the lands are dedicated.
     (4) Contract with other governmental
bodies for the protection of water supplies to facilitate the multiple use of
publicly owned water supplies for recreational purposes as well as a source of
water for domestic and industrial use.
     (5) Grant permits and licenses on, over
and across the lands.
     (6) Reforest the lands and cooperate with
persons owning timberlands within the state in the reforestation, and make all
agreements necessary or convenient for the reforestation.
     (7) Establish a forestry carbon offset
program to market, register, transfer or sell forestry carbon offsets. In
establishing the program, the forester may:
     (a) Execute any contracts or agreements
necessary to create opportunities for the creation of forestry carbon offsets;
and
     (b) Negotiate prices that are at, or
greater than, fair market value for the transfer or sale of forestry carbon
offsets.
     (8) Do all things and make all rules and
regulations, not inconsistent with law, necessary or convenient for the
management, protection, utilization and conservation of the lands.
     (9) Require such undertakings as in the
opinion of the State Forester are necessary or convenient to secure performance
of any agreement authorized in ORS 530.450 to 530.520. [1957 c.240 §6; 1959
c.141 §2; 1967 c.396 §7; 1969 c.194 §1; 2001 c.752 §9; 2005 c.103 §38]
     530.510
Exchanges of land. The State
Forester may propose and initiate any exchange of land of the
     (1) Any exchange of land of the
     (2) The State Land Board and the State
Board of Forestry shall, each separately, approve such exchanges by resolutions
of the respective boards; and
     (3) The county court or board of county
commissioners of the county, or counties, in which such land is situated, shall
approve such exchange, and after such approval the exchanges shall be
consummated by legal conveyance from the Department of State Lands.
     (4) Under the authority granted in this
section, in addition to land to be exchanged, a monetary consideration may be
provided or received where necessary to make the values comply with this
section. No exchange shall be made until title to the lands to be received has
been approved by the Attorney General. All lands received in exchange shall
have the same status and be subject to the same provisions of law as the lands
given in exchange therefor. [1957 c.240 §9; 1959 c.141 §5; 1967 c.396 §8; 1969
c.194 §2; 1969 c.594 §59]
     530.520
Use of receipts; manner of paying administrative expenses. (1) Excepting receipts from the easements
and leases designated in ORS 530.490 (3), all receipts from the Elliott State
Forest and the Common School Forest Lands shall be paid into the Common School
Fund and are continuously appropriated to the Department of State Lands for the
purposes for which other moneys in the Common School Fund may be used and to
reimburse the Common School Forest Revolving Fund as provided in subsection (2)
of this section.
     (2)(a) The
     (b) As used in paragraph (a) of this
subsection, “administrative expenses” means a classification of expenses
incurred by the State Forester in performing functions referred to in paragraph
(a) of this subsection as a whole, rather than expenses incurred in performing
any specific function that is a part of the whole; and it means expenditures
recognized as operating costs of a current or past period, including refund of
overpayments in the sale of forest products, and capital expenditures for
buildings, furniture, fixtures or equipment.
     (3) After the end of each six-month period
the State Forester shall submit to the Department of State Lands a statement of
capital asset account balances as of the end of that period for buildings,
furniture, fixtures and equipment held by the State Forester in performing
functions referred to in subsection (2)(a) of this section and in which the
Common School Fund has a vested interest, showing the amount of that interest. [1957
c.240 §7; 1967 c.421 §203; 1975 c.614 §19; 1977 c.167 §1; 1989 c.966 §59]
COMMUNITY
     530.600
Definitions for ORS 530.600 to 530.628. As used in ORS 530.600 to 530.628, unless the context requires
otherwise:
     (1) “Authority” means a community forest
authority created under ORS 530.606.
     (2) “Board” means the board of directors
of a community forest authority.
     (3) “Community forestlands” means private
lands that are zoned and permanently managed for commercial forestland use and
any interests in those private lands, including related roads or other
improvements financed by a community forest authority.
     (4) “Municipality” means a city or county.
[2005 c.500 §1]
     Note: 530.600 to 530.628 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
530 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     530.602
Findings. To provide the
people of the State of Oregon with renewable commercial forest resources that
promote community stability and sound conservation practices, the Legislative
Assembly finds that it is necessary and desirable to authorize the creation of
community forest authorities having the power to finance community forestlands
and to authorize those authorities to issue revenue bonds and other obligations
for that purpose. [2005 c.500 §2]
     Note: See note under 530.600.
     530.604
Community forest authorities.
The governing body of a municipality may create a community forest authority
under ORS 530.606. An authority may issue obligations on behalf of the
municipality creating the authority to finance community forestlands. An
authority may not be created or maintained for a purpose other than to finance
community forestlands as described in ORS 530.600 to 530.628. [2005 c.500 §3]
     Note: See note under 530.600.
     530.606
Creation of authority; modification; dissolution. (1) Upon the written request of three
individuals or upon its own motion, the governing body of a municipality may
create a community forest authority for the purpose of financing community
forestlands.
     (2) The governing body of a municipality
may create a community forest authority by ordinance or resolution adopted
following a public hearing held according to the laws of the municipality. The
ordinance or resolution shall set forth:
     (a) The name of the authority.
     (b) The number of directors of the
authority.
     (c) The term of office of the directors.
     (d) Other provisions that the governing
body determines are necessary and appropriate and not inconsistent with the
provisions of ORS 530.600 to 530.628.
     (3) Upon adoption of an ordinance or
resolution creating a community forest authority, the authority is deemed
created.
     (4) A community forest authority created
under this section has the power and authority necessary to perform its duties
under ORS 530.600 to 530.628.
     (5) The governing body that creates a
community forest authority under this section may, at its sole discretion:
     (a) Alter or change the structure,
organization, programs or activities of the authority, subject to any
limitations imposed by law or contract; and
     (b) Dissolve the authority at any time if
the authority has no outstanding revenue bonds or other obligations or if the
authority makes arrangements regarding outstanding revenue bonds or other
obligations that are satisfactory to creditors. [2005 c.500 §4]
     Note: See note under 530.600.
     530.608
Board of directors of authority; officers; terms; rules. (1) The governing body of a municipality
that creates a community forest authority under ORS 530.606 shall appoint a
board of directors containing not fewer than five nor more than 11 directors to
manage and control the authority. At least one-third of the directors must
represent conservation interests. At least one-third of the directors must
represent business interests and one director must serve as a member of the
governing body that created the authority. The balance of the directors must be
members of the public. A director who is a member of the governing body that
created the authority shall serve as a director only as long as that director
is a current member of the governing body.
     (2) The term of office of directors of an
authority may not exceed four years and the directors serve at the pleasure of
the governing body of the municipality.
     (3) The directors of an authority serve
without compensation but may be reimbursed for expenses incurred in the
performance of their duties.
     (4) The board of directors of an authority
shall adopt rules for conducting meetings and carrying out the duties of the
board. Decisions of the board must be recorded in a minute book that is a
public record. A majority of the directors of the board constitutes a quorum
for the transaction of business and a majority of directors present and voting
is sufficient for the passage of a motion or a resolution.
     (5) The board may employ and compensate
employees, bond counsel, financial advisors, feasibility consultants,
accountants, attorneys or other advisors that the board deems necessary and
appropriate. [2005 c.500 §5]
     Note: See note under 530.600.
     530.610
Levy of taxes prohibited. A
community forest authority created under ORS 530.606 does not have the power or
authority to levy taxes. [2005 c.500 §6]
     Note: See note under 530.600.
     530.612
Powers of authority. Except
as otherwise provided in ORS 530.610, a community forest authority shall have
the power necessary to accomplish the purpose of financing community
forestlands under ORS 530.600 to 530.628, including the power to:
     (1) Sue and be sued in its own name.
     (2) Enter into agreements relating to the
operation of community forestlands upon terms and conditions the board deems
appropriate.
     (3) Borrow money by issuing notes, revenue
bonds or other revenue obligations for the purpose of carrying out its powers.
     (4) Mortgage, assign and pledge its
assets, or a portion of its assets, whether then owned or thereafter acquired,
to pledge and assign the revenues and receipts from the assets, to acquire,
hold and dispose of mortgages or other similar documents relating to community
forestlands and to arrange and provide for guarantees and other security
agreements.
     (5) Lend money to a nonprofit corporation
for the acquisition, furnishing or extension of and improvements to community
forestlands.
     (6) Enter into contracts, leases and other
undertakings in its own name.
     (7) Adopt and amend ordinances and
resolutions. [2005 c.500 §7]
     Note: See note under 530.600.
     530.614
Authorization to issue bonds or other obligations; method of issuance. (1) To accomplish its purposes, a community
forest authority created under ORS 530.606 may issue revenue bonds or other
revenue obligations payable from the revenues derived from the repayment of
loans to nonprofit corporations whose purpose is to own and operate community
forestlands. The issuance of revenue bonds or other revenue obligations is
governed by the provisions of this section and is not subject to the prior
approval of the electors of the municipality that created the authority.
     (2) An authority may issue and sell
revenue bonds or other revenue obligations payable as to principal and interest
only out of the fund or funds established under this section or other assets of
the authority that are pledged by the board of directors to secure the revenue
bonds or other revenue obligations. The bond resolution:
     (a) Must specify the public purposes for
which the proceeds of the revenue bonds or other revenue obligations will be
expended and declare the estimated cost of carrying out those purposes.
     (b) Must contain covenants and provide for
the issuance and sale of revenue bonds or other revenue obligations in a form,
amount and manner that the directors determine. In declaring the estimated
cost, the directors may include the moneys necessary for working capital,
reserves, capitalized interest, the payment of financing and legal expenses,
the repayment of advances and the start-up costs.
     (c) May provide that community forestlands
subsequently acquired by a nonprofit corporation shall be deemed betterments or
additions to, or extensions of, the community forestlands, whether or not
physically connected.
     (d) Must provide for the establishment of
one or more special funds under the control of the board or a trustee.
     (e) Must obligate the authority to deposit
and expend the proceeds of the revenue obligations only into and from the fund
or funds established under this section and to set aside and pay into the fund
or funds a fixed proportion or fixed amount of the revenues derived from the
community forestlands or other corporate activities as the board finds in the
best interest of the authority and the payment of its obligations.
     (3) A revenue bond or other revenue
obligation issued against a fund or funds established under this section is a
valid claim of the holder only as against the fund or funds, the proportion or
amount of the revenues pledged to the fund or funds and the other assets
pledged, assigned or encumbered by the authority to secure the revenue bond or
other revenue obligation. Each revenue bond or other revenue obligation must
state on its face that:
     (a) The bond or obligation is payable from
a special fund or funds and name the fund or funds and the resolution that
established the fund or funds; or
     (b) That the bond or obligation is payable
from other assets and identify those other assets and the resolution pledging,
assigning or encumbering them.
     (4) A pledge, assignment or encumbrance of
revenues or other moneys or obligations or other assets made by an authority
shall be valid and binding from the time that the pledge or assignment is made
against a party with a subsequent claim of any kind in tort, contract, or
otherwise against the authority, irrespective of whether the party has actual
notice of the pledge, assignment or encumbrance. The pledge, assignment or
encumbrance must be noted in the boardÂ’s minute book or bond transcripts, which
shall be constructive notice thereof to all parties, and neither the resolution
nor other instrument by which a pledge, assignment or encumbrance is created
need be otherwise recorded, nor shall the filing of a financing statement under
the Uniform Commercial Code be required to perfect the pledge, assignment or
encumbrance. Revenues or other moneys or assets pledged, assigned or encumbered
and later received by an authority are subject to the lien of the pledge
immediately without physical delivery or further act.
     (5) A revenue bond or other revenue
obligation issued under the provisions of this section shall bear the date or
dates, mature at the time or times, be in denominations and in a form, either
coupon or registered or both, carry registration privileges, be made
transferable, exchangeable and interchangeable, be payable in the medium, at
the place or places, contain the covenants and be subject to the terms of
redemption that the board may declare in the bond resolution.
     (6) The revenue bonds or other revenue
obligations issued by an authority may be sold by the board upon the terms and
conditions and at the rate or rates of interest and for the price or prices
that the authority deems most advantageous to the authority, with or without
public bidding. The authority may make contracts for future sale from time to
time of revenue bonds or other revenue obligations by which the contract
purchasers are committed to the prices, terms and conditions stated in the
contract, and the board may pay the consideration that the board deems proper
for the commitments.
     (7) The board by resolution may provide
for the issuance of funding and refunding revenue bonds or other revenue
obligations in order to take up and refund a series, or portion of a series, of
outstanding revenue bonds or other revenue obligations at a time determined by
the board. Refunding revenue bonds or other revenue obligations may be sold or
exchanged at a price that the board determines is in the best interest of the
authority.
     (8) A revenue bond or other revenue
obligation issued pursuant to this section is a legal security that may be used
by any insured institution or trust company, as those terms are defined in ORS
706.008, for deposit with the State Treasurer or a county treasurer or city
treasurer, as security for deposits in lieu of a surety bond under a law
relating to deposits of public moneys and constitutes legal investments for
public bodies, trustees and other fiduciaries, banks, savings and loan
associations, and insurance companies. All revenue bonds and obligations and
all coupons appertaining thereto shall be negotiable instruments within the
meaning of and for all purposes of the law of this state. [2005 c.500 §8]
     Note: See note under 530.600.
     530.616
Authorization to borrow moneys or to issue, sell and assume bond anticipation
notes. A community forest
authority created under ORS 530.606 may borrow from banks, investment banks or
other lenders sums of money on terms that the board deems necessary or
advisable. An authority may also issue, sell and assume bond anticipation notes
or the equivalent that bear a date, mature at a time, be in denominations and
in a form, be payable in a medium, at a place, and be subject to the terms of
redemption that the board deems necessary or advisable. [2005 c.500 §9]
     Note: See note under 530.600.
     530.618
Effect of bonds or other obligations on municipality. Revenue bonds and other revenue obligations
of a community forest authority created under ORS 530.606 are not a general
obligation of the municipality nor a charge upon the tax revenues of the
municipality. [2005 c.500 §10]
     Note: See note under 530.600.
     530.620
Loan repayment. The board of
directors of a community forest authority created under ORS 530.606 shall
establish loan repayment terms and other charges at least adequate to pay the
principal of and interest on the obligations of the authority as the same
become due, including payments to a special fund or funds, together with the
financing and other costs of the authority. [2005 c.500 §11]
     Note: See note under 530.600.
     530.622
Authorities may act jointly; limits on acquisition of forestlands. (1) The powers and responsibilities provided
in ORS 530.600 to 530.628 may be exercised and discharged by two or more
community forest authorities acting jointly to effectuate the purposes of ORS
530.600 to 530.628. In addition, one or more community forest authorities may
authorize by resolution, ordinance or agreement the issuance of revenue bonds
or other revenue obligations on behalf of the authorities or to otherwise
exercise the powers of an authority within the boundaries of the authorities.
     (2) A community forest authority may not
finance the acquisition of community forestlands located outside the boundaries
of the municipality that created the authority without the written consent of
each municipality in which the community forest is located. [2005 c.500 §12]
     Note: See note under 530.600.
     530.624
Assets and income of authority exempt from taxation; exceptions. (1) A community forest authority created
under ORS 530.606 is deemed a municipal corporation performing a public
function. An authority, all assets owned by the authority, the income earned by
those assets and the interest earned by revenue bonds or other revenue
obligations issued by an authority are exempt from taxation in the State of
     (2) Notwithstanding subsection (1) of this
section:
     (a) A municipality shall determine the
extent to which community forestlands acquired or financed by an authority and
located within the boundaries of the municipality are subject to property
taxation.
     (b) Real and personal property owned by
the authority and leased to a third party is subject to property taxation if
the property would be subject to taxation if owned by the lessee of the
property.
     (c) A district, as defined in ORS 198.010
or 198.180, may elect to continue imposing taxes on property within the
district that is acquired or financed by an authority and is otherwise exempt
from property taxation under this section without regard to the determination
of a municipality under paragraph (a) of this subsection.
     (3) Revenue bonds issued by an authority
are deemed to be securities issued by a political subdivision of the State of
     Note: See note under 530.600.
     530.626
Earnings in excess of amounts required for authority. The earnings of a community forest authority
created under ORS 530.606 in excess of the amount required for the retirement
of indebtedness or the accomplishment of the purposes of ORS 530.600 to 530.628
shall not inure to the benefit of a person or body other than the municipality
creating the authority. An authority may transfer, from time to time, to the
municipality creating the authority any excess moneys not needed to pay the
authorityÂ’s expenses or to pay the authorityÂ’s bonds or other obligations, and
the municipality may use such transferred funds for any lawful purpose of the
municipality. Upon dissolution of an authority, any asset remaining after
provision for payment of the obligations and expenses of the authority becomes
an asset of the municipality. [2005 c.500 §14]
     Note: See note under 530.600.
     530.628
Application of laws to authority and to issuance of bonds. (1) ORS 530.600 to 530.628 contain complete
authority for the organization of a community forest authority and for the
issuance and sale of revenue bonds, including refunding revenue bonds, and
other revenue obligations.
     (2) ORS chapters 198, 279A, 279B and 294
do not apply to the organization of an authority and the issuance and sale of
revenue bonds pursuant to ORS 530.600 to 530.628.
     (3) Nothing in ORS 530.600 to 530.628 restricts
or limits a power that an authority has under a law of this state or the
charter of the municipality creating the authority except as explicitly
provided in ORS 530.600 to 530.628. [2005 c.500 §15; 2007 c.71 §175]
     Note: See note under 530.600.
     530.900
Disposition of fines and court costs. All fines and court costs recovered from violations established under
ORS 530.990 shall be paid to the clerk of the court involved. Such moneys shall
be credited and distributed under ORS 137.290 and 137.295 as monetary
obligations payable to the state. [1995 c.347 §4; 1999 c.1051 §107]
     530.990
Penalties for forest management violations. (1) Except for violations arising from activities under contract with
the State Board of Forestry or the State Forestry Department, and subject to
ORS 153.022, violation of any rule or order adopted pursuant to ORS 530.050 is
a Class A violation.
     (2) Multiple violations of any rule or
order adopted pursuant to ORS 530.050 shall be considered a single violation.
However, each day a violation continues shall be considered a separate
violation.
     (3) Violations and punishments set forth
in this section are in addition to and not in lieu of the provisions of ORS
164.305 to 164.335. [1995 c.347 §§2,3; 1999 c.1051 §108]
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CHAPTER 531
[Reserved for expansion]
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