Oregon Chapter 526
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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
owner’s expense on breach; lien; foreclosure
NONINDUSTRIAL PRIVATE LANDOWNER ASSISTANCE
(Generally)
526.425 Management
assistance to nonindustrial private forest landowners; rules
(Woodland Management Act of 1979)
526.450 Short
title
526.455 Definitions
for ORS 526.450 to 526.475
526.460 Policy
to manage forests to maximize benefits
526.465 Purpose
of ORS 526.450 to 526.475
526.470 Forest
tree seed bank; sale to recover costs; disposition of funds; use of funds for
research and development activities
526.472 Forest
tree seed orchard; purposes; cooperative agreements; recovery of costs; revenues
526.475 Appeal
of decisions by State Forester
526.490 Afforestation
of certain idle lands; harvest requirements; inspection fees; lands subject to
Oregon Forest Practices Act; rules; fees
URBAN AND COMMUNITY FORESTRY
526.500 Definitions
for ORS 526.500 to 526.515
526.505 Policy
526.510 Department
to provide technical assistance to governmental units
526.515 Gifts,
grants and donations; fees for services
OREGON FOREST RESOURCES INSTITUTE
(Generally)
526.600 Definitions
for ORS 526.600 to 526.675
526.605 Findings
526.610 Oregon
Forest Resources Institute; board of directors; eligibility
526.615 Qualifications
of voting members
526.620 Terms
of voting members; vacancies
526.625 Effect
of failure to maintain qualification; removal of member
526.630 Expenses
of members and staff
526.632 Employees
not subject to certain personnel regulation
526.635 Officers
526.640 General
authority of institute
526.645 Additional
powers
(Financial Administration)
526.650 Expenditure
of funds restricted
526.655 Acceptance
of grants, donations and gifts
526.660 Application
of budget and expenditure control laws
526.665 Exemption
from certain financial administration laws
526.670 Books
and records; audit
526.675 Oregon
Forest Resources Institute Fund; use of moneys; rules
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 member’s term expires or until relieved by the Governor as
provided in subsection (6) of this section. The chairperson shall have such
powers and duties as are provided by the rules of the board.
(2) The term of office of a member of the
board is four years. A member shall be eligible for reappointment, but no
member shall serve more than two consecutive full terms. In case of a vacancy
for any cause, the Governor shall make an appointment as provided in subsection
(1) of this section.
(3) Appointments made by the Governor
under subsection (1) of this section shall include appointment of at least one
member from each of the forest regions established under ORS 527.640 and the
rules adopted thereunder by January 1, 1987.
(4) No more than three members of the
board may derive any significant portion of their income directly from persons
or organizations that are subject to regulation under ORS 527.610 to 527.770,
527.990 (1) and 527.992.
(5) Except as provided in subsection (4)
of this section, no member of the board shall have any relationship or
pecuniary interest that would interfere with the member representing the public
interest.
(6) The Governor may at any time remove
any member of the board for inefficiency, incompetence, neglect of duty,
malfeasance in office, unfitness to render effective service or failure to
continue to meet the criteria of appointment pursuant to this section. [1965
c.253 §4; 1973 c.230 §1; 1979 c.394 §1; 1983 c.759 §5; 1987 c.919 §6]
526.010 [Amended by 1953 c.68 §19; 1953 c.372 §22;
1957 c.654 §1; 1959 c.571 §1; 1963 c.63 §1; 1965 c.253 §5; 1967 c.429 §51; 1973
c.230 §2; 1973 c.792 §22; 1975 c.94 §1; 1979 c.394 §2; 1983 c.759 §6; repealed
by 1987 c.919 §30]
526.015 [1957 c.654 §3; repealed by 1965 c.253 §153]
526.016
General duties; limits; compensation and expenses; meetings; rules. (1) The State Board of Forestry shall
supervise all matters of forest policy and management under the jurisdiction of
this state and approve claims for expenses incurred under the statutes
administered by the board except as otherwise provided by law. Advisory
committees may be appointed by the board to make recommendations concerning any
function vested by law in the board. Notwithstanding any other provisions of
law, the board shall not supervise or direct the State Forester in matters
relating to the geographic scheduling, annual volume and species allocation,
appraisals and competitive timber sale techniques used in the sale of forest
products from lands managed under the provisions of ORS chapter 530.
(2) The members of the board are entitled
to compensation and expenses as provided in ORS 292.495.
(3) The board shall meet on the first
Wednesday after the first Monday in January, March, June and September, at
places designated by the chairperson of the board or the State Forester. The
board may meet at other times and places in this state on the call of the
chairperson or the State Forester. A majority of the voting members of the
board constitutes a quorum to do business.
(4) In accordance with the applicable
provisions of ORS chapter 183, the board shall adopt rules to perform the
functions defined by statute. [1965 c.253 §6; 1969 c.314 §62; 1973 c.230 §3;
1983 c.759 §8; 1987 c.919 §8]
526.020 [Amended by 1953 c.68 §19; 1955 c.117 §1;
repealed by 1965 c.253 §9 (526.041 enacted in lieu of 526.020)]
526.030 [Amended by 1953 c.23 §2; 1955 c.27 §1; 1961
c.123 §4; 1965 c.253 §11; renumbered 526.046]
526.031
State Forester; deputy and assistants; compensation. (1) The State Board of Forestry shall
appoint a State Forester, who must be a practical forester familiar with
western conditions and experienced in organization for the prevention of forest
fires. The forester shall be the chief executive officer of the State Forestry
Department. The forester shall hold office at the pleasure of the board, and
shall act as its secretary.
(2) With the approval of the board and
subject to applicable provisions of the State Personnel Relations Law, the
State Forester may appoint a Deputy State Forester, assistant state foresters
and other employees of the department. During the State Forester’s absence or
disability, all authority shall be exercised by the Deputy State Forester or by
the assistant whom the State Forester or the board, by written order filed with
the Secretary of State, has designated as Acting State Forester.
(3) The board shall fix the compensation
of the State Forester. In addition to their salaries, the forester, the deputy
and assistants shall be reimbursed, subject to the limitations otherwise
provided by law, for their actual and necessary travel and other expenses
incurred in the performance of their duties. [1965 c.253 §7; 1983 c.759 §13]
526.036
Fidelity bonds. (1) Before
entering upon the duties of office, the forester shall furnish a fidelity bond
in favor of the State of Oregon in the penal sum of $100,000 issued by one or
more corporate sureties authorized to do business in the State of Oregon,
conditioned upon the faithful and honest handling and disposition of the moneys
in the State Forestry Department Account and any other moneys in the hands of
the forester. The bond and sureties are subject to approval by the Director of
the Oregon Department of Administrative Services as provided in ORS 291.011.
(2) The premium for the bond shall be paid
from the appropriation of the State Board of Forestry.
(3) Except as provided in subsection (1)
of this section, the board may require a fidelity bond, with one or more
corporate sureties authorized to do business in this state, of any officer or
employee of the State Forestry Department. The board shall fix the amount of
the bond, which otherwise is subject to subsections (1) and (2) of this
section. [Formerly 526.070; 1967 c.419 §16]
526.040 [Repealed by 1953 c.43 §2]
526.041
General duties of State Forester; rules. The forester, under the general supervision of the State Board of
Forestry, shall:
(1) In compliance with ORS chapter 183,
promulgate rules consistent with law for the enforcement of the state forest
laws relating directly to the protection of forestland and the conservation of
forest resources.
(2) Appoint and instruct fire wardens as
provided in ORS chapter 477.
(3) Direct the improvement and protection
of forestland owned by the State of
(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