Title 44 — FORESTRY AND FOREST PRODUCTS
As used in this chapter, unless the context otherwise requires: “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. “Board” means the State Board of Forestry. “Certified Burn Manager” means an…
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.
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…
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 …
The Governor shall appoint a State Forester subject to Senate confirmation under ORS 171.562 and 171.565. The forester shall be the chief executive officer of the State Forestry Department and shall act as the secretary of the State Board of Forestry. The forester shall serve a term of four years at the pleasure of the Governor and shall be eligible for reap…
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 a…
The forester, under the general supervision of the State Board of Forestry, shall: 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. Appoint and instruct fire wardens as provided in ORS chapter 477.…
Under the direction of the State Board of Forestry, the forester: 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 prote…
For purposes of this section, “forest protective association” or “association” has the meaning for that term provided in ORS 477.001. 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 author…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Forestry Department may require the fingerprints of a person who: Is employed or is applying for employment by the department; or Provides services or seeks to provide services to the department as a contractor or volunteer; and Is, or will be, working…
Except as provided in ORS 526.121, 530.147 and 530.280, all assessments, federal apportionments or contributions, and other moneys received by the forester or State Board of Forestry, shall be paid into the State Treasury and credited to the State Forestry Department Account, which is established separate and distinct from the General Fund. All moneys in the…
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 r…
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 …
The State of Oregon has accepted the provisions of the Clarke-McNary Act (43 Stat. 653), as amended, and will observe and comply with the requirements of that Act. The forester, under the supervision and direction of the State Board of Forestry, is the agent of the State of Oregon for the purposes of that Act, and may cooperate with the authorities of the Un…
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.
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: 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 …
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. The forester shall maintain such records as readily disclose the true status of vouc…
The State Forestry Department Cash Flow Repayment Fund is established in the State Treasury, separate and distinct from the General Fund. The State Forestry Department Cash Flow Repayment Fund consists of moneys deposited in the fund by the State Forestry Department pursuant to subsection (2) of this section. Moneys in the fund are continuously appropriated …
The State Forestry Department may receive and disburse gifts, grants, bequests, endowments and donations of labor and material from public and private sources for the purpose of developing and operating a forest interpretation and education center in the Tillamook State Forest. The Tillamook Forest Interpretive Center Fund is created in the State Treasury, …
The Forestry Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Forestry Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Forestry Department to: Carry out the provisions of ORS 468A.189 (3); and F…
The State Forestry Department Large Wildfire Fund is established in the State Treasury, separate and distinct from the General Fund. The State Forestry Department Large Wildfire Fund shall be held by the State Treasurer as a fund for use by the State Forestry Department for wildfire mitigation and suppression. The State Treasurer shall deposit and invest mo…
Except as provided in subsection (2) of this section, the State Forestry Department may transfer moneys from the State Forestry Department Large Wildfire Fund to other funds or accounts that are continuously appropriated to the department as the department deems necessary to carry out its duties. The department may not transfer moneys from the State Forestr…
MANAGEMENT OF EQUIPMENT AND PROPERTY
Subject to the allotment provisions of ORS 291.238, the State Forester and State Board of Forestry hereby are authorized to purchase or accept excess and surplus property from the United States.
The forester, with the approval of the State Board of Forestry, may lease equipment that is under the jurisdiction and control of the forester and board to any agency of the United States. However: The lease must include a reasonable rental fee and require the lessee to maintain the equipment during the lease period; and The federal agency must be a cooper…
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.
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: Determine eac…
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 shal…
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…
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. 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 p…
A Forest Trust Land Advisory Committee is established to be composed of the board of directors of the Council of Forest Trust Land Counties. 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. The committee shall advise…
ACQUISITION AND DISPOSITION OF REAL PROPERTY
In all cases where a title in fee simple to real property is acquired by the State Board of Forestry under ORS 526.166 or 526.168, such title shall be taken in the name of the State of Oregon.
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.
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: Rights of way to lands of the state, which lands are under the management or jurisdiction of the board or forester. Forest …
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: Rights of way to lands of the state, which lands are under the management or jurisdiction of the board or forest…
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.
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 ass…
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 i…
FOREST RESEARCH AND EXPERIMENTATION
To aid in the economic development of the State of Oregon, Oregon State University shall institute and carry on research and experimentation to develop the maximum yield from the forestlands of Oregon, to obtain the fullest utilization of the forest resource, and to study air and water pollution as it relates to the forest products industries.
The Forest Research Laboratory is established at Oregon State University. In administering the laboratory, Oregon State University 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. In order that there m…
FOREST TREE SEEDLINGS
The Legislative Assembly finds and declares that: Nonindustrial private forests make a vital contribution to Oregon by providing jobs, products, an expanded tax base and other social and economic benefits. Providing a source of forest tree seedlings to owners of nonindustrial private forests is essential to securing the benefits described in subsection (1)…
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 antitrus…
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. The forester and the board m…
As used in this section: “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. “Member” means a grower who qualifies and is accepted for membership in the cooperative. The State Forester and the State Board…
MANAGEMENT REPORTS
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: The long range management plans based on current resource descriptions and technical assumptions, including sustained yield calculatio…
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. For the purpose of this section and ORS 526.255, the following forest management regions are established: Northwest Region, consisting of Clatsop, Columbia, Tillamook, Washington and Yamhill Countie…
FOREST HEALTH AND MANAGEMENT INITIATIVES (Federal Forest Management)
The Legislative Assembly finds and declares that: The State Forestry Department is well-positioned, due to experience in managing Oregon forests and its understanding of science-based, active forest management, to facilitate state government participation in forest management on federal lands located within the state. The State Department of Fish and Wildl…
The State Forestry Department shall: In collaboration with any forest protective association or agency that is under contract or agreement with the State Board of Forestry for the protection of forestland against fire, and whose protection area is or may be affected by a fire on nearby federal lands, and with a focus on protecting lands and rural communitie…
The State Forestry Department shall cooperate with federal agencies to increase the effectiveness of activities undertaken pursuant to ORS 526.271, 526.274 and 526.275. Note: 526.273 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 Revis…
In furtherance of the policy established in ORS 526.271, the State Board of Forestry, in consultation with the Governor, may: 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 c…
As used in this section: “Additive” means an increase in the pace, scale and quality of forest, rangeland and water restoration services on federal lands within Oregon, including but not limited to services to produce timber harvest volumes that exceed outputs that would be produced by federal land management agencies alone. “Federal land management agenci…
The State Forestry Department shall report outcomes from all projects pursued in this state under the Good Neighbor Authority Agreement described in ORS 526.275. No later than December 31 of every even-numbered year, the department shall submit the report, in the manner provided by ORS 192.245, to an interim committee of the Legislative Assembly relating to …
The Legislative Assembly finds and declares that: Forestlands in federal, state and private ownership comprise some of the most important environmental, economic and recreational resources in the State of Oregon. However, federal lands, and to a lesser extent state and private lands, are increasingly jeopardized by the risk of drought-induced mortality, sev…
In furtherance of the policy established in ORS 526.277, the State Forester shall: Establish a policy of active and inclusive communication with the federal government, public bodies as defined in ORS 174.109, residents of Oregon and interested parties regarding the utilization of woody biomass produced through forest health restoration. The State Forester …
Notwithstanding ORS 530.059, the State Forester may enter into contracts under ORS 530.050 to provide a supply of woody biomass from forestlands managed by the State Forestry Department as needed to facilitate the development of projects, including but not limited to bioenergy projects. The department shall ensure that the provisions of contracts described i…
As used in ORS 526.287 to 526.299 and 526.991: “Large commercial event”: Means a gathering that: Has an organizer; Is held for the purpose of a shared or common activity or experience; Has more than 50 participating individuals or more than 15 motor vehicles of participating individuals present at any time; and Continues or is scheduled to continue for…
The Legislative Assembly finds that: State forestlands are especially vulnerable to the effects of uncontrolled gatherings of persons at large commercial events; and To avoid detriment to the best interest of the state it is necessary to protect the health of state forestlands, the viability of state forestlands as a public resource, the well-being of fish…
An organizer may not organize, hold or sponsor a large commercial event on state forestland unless the organizer holds a large commercial event permit issued by the State Forestry Department. A permit issued under this section does not entitle an organizer to make any permanent physical alterations to or on state forestland. The department may issue a perm…
The State Forestry Department may adopt rules establishing health and safety standards for large commercial events held on state forestlands. The department shall consult with the Oregon Health Authority and the Department of Environmental Quality prior to establishing health and safety standards under this section. The State Forestry Department shall design…
The State Forestry Department may suspend or revoke a large commercial event permit if: An emergency, significant law enforcement problem, substantial threat to public safety or welfare or substantial threat to public property arises from, or is likely to affect, event activities; or The department discovers that a violation of permit terms and conditions …
An organizer may not recklessly allow a person to violate the terms and conditions of a large commercial event permit held by the organizer. As used in this section, “recklessly” has the meaning given that term in ORS 161.085. Note: See note under 526.287. FORESTLAND CLASSIFICATION
As used in ORS 526.305 to 526.370, unless the context requires otherwise: “Committee” means a forestland classification committee. “Governing body” means the board of county commissioners or county court of a county, as the case may be.
Pursuant to a request by the State Forester: The governing body of a county may establish a forestland classification committee of six persons, of whom one shall be appointed by the State Forester, one by the Director of the Oregon State University Extension Service, one by the State Fire Marshal and three by the governing body. Of the members appointed by …
Upon establishment of a forestland classification committee under ORS 526.310, the committee shall periodically investigate and study all land within the boundaries of its county or counties and determine which of the land is forestland. Such determination shall take into consideration climate, topography, elevation, rainfall, soil conditions, roads, extent …
Upon the basis of its investigation and determination under ORS 526.320, a committee shall assign all forestland within the boundaries of its county or counties and within a forest protection district to one of the following classifications: Class 1, timber class, includes forestland suitable for the production of timber and may include lands on which struc…
The committee shall hold a public hearing within the boundaries of its county or within the boundaries of each of its counties at the time and place stated in the notice published under ORS 526.324 (2), or at such other time and place as the hearing may then be adjourned to, to receive from any interested persons objections, remonstrances or suggestions rela…
Any owner of land classified under ORS 526.328 or 526.340 who is aggrieved by the classification may, within 30 days after the date of the order making the classification, appeal to the circuit court for the county in which the property is located. If the forestland classification committee has been established for more than one county and the property is lo…
The State Board of Forestry may adopt rules as necessary to implement ORS 526.305 to 526.340.
The State Forester may identify and classify forestland in a county, consistent with ORS 526.324 and 526.328, if: The governing body of a county has failed to establish a forestland classification committee within two years after the State Forester made a request under ORS 526.310 (1); A forestland classification committee has failed to adopt and file a fi…
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 s…
The State Board of Forestry, the State Forester and forest protective associations may assist to the extent practical in developing, for forestry, grazing or agricultural uses, lands within a forest protection district, as described in ORS 477.205 to 477.281, for such uses, including the burning of brush or other flammable material for the purpose of: Remov…
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. In the event of f…
In each biennium, the State Forestry Department shall apply an offset against the annual costs of fire protection provided by the department for forestland that is: Classified as Class 3 under ORS 526.324; and Located within a forest protection district. The department shall apply the offset equally to each acre of forestland subject to the offset. Note:…
The Small Forestland Owner Assistance Office is created within the State Forestry Department. The office shall: Support and promote implementation of financial incentives and technical assistance programs for small forestland owners that align with the intent of the Private Forest Accord Report dated February 2, 2022, and published by the department on Feb…
The State Board of Forestry shall adopt by rule a Small Forestland Investment in Stream Habitat Program. The purpose of the program is to provide grants to certain small forestland owners to fund projects that: Result in environmental benefits to fish species addressed in the Private Forest Accord Report dated February 2, 2022, and published by the State F…
The Small Forestland Investment in Stream Habitat Program Fund is established, separate and distinct from the General Fund. Interest earned by the Small Forestland Investment in Stream Habitat Program Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Forestry Department to be distributed by the Small Forestlan…
The State Board of Forestry shall adopt the rules described in ORS 526.400, 526.402 and 527.738 as part of the rule package described in ORS 527.711. Note: 526.406 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 526.400). Note: See second note under 526.400.
NONINDUSTRIAL PRIVATE LANDOWNER ASSISTANCE (Generally)
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 Boar…
ORS 315.104, 318.031 and 526.450 to 526.475 may be cited as the “Woodland Management Act of 1979.” Note: The amendments to 526.450 by section 5, chapter 883, Oregon Laws 2007, become operative January 2, 2028. See section 10, chapter 883, Oregon Laws 2007, as amended by section 36, chapter 33, Oregon Laws 2009. The text that is operative on and after Januar…
As used in ORS 315.104, 318.031 and 526.450 to 526.475, unless the context requires otherwise: “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…
The State of Oregon recognizes that the forest makes a vital contribution to Oregon. Economic benefits provided include a large tax base, substantial employment and wood products for a world market. The environmental benefits include maintenance of a forest cover and soil, air and water resources. Other benefits provided are habitats for wildlife and aquatic…
The purpose of ORS 315.104, 318.031 and 526.450 to 526.475 is to encourage long term forestry investments that lead to increased management of Oregon’s forestlands by: Providing the forest owner with tax relief during the timber growth period. Promoting programs that provide forest credit on young stands and encourage harvesting of mature forest crops. Pr…
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…
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: Grow, care for and maintain seed orchard stock and produce seed, pollen, cuttings and other propagules for reforestation uses by…
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…
It is the policy of the State of Oregon to encourage the afforestation of idle land for the purpose of establishing commercial forests if such afforestation is consistent with landowner objectives. The purpose of this section is to provide an incentive for afforestation by providing assurance that the State of Oregon will not prohibit the harvesting of trees…
As used in ORS 526.500 to 526.515, unless the context requires otherwise: “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. “Urba…
Trees not only are important to the economic and environmental well-being of Oregon, but also represent a significant component of the quality of life for urban residents. As a matter of policy, it is important to promote and protect the human habitat values that accrue from a healthy urban forest. Therefore, it is declared to be the public policy of the Sta…
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: Establishing and maintaining local urban and community for…
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…
The State Forestry Department shall acquire and maintain a statewide urban tree canopy assessment tool. The assessment tool must provide geospatial mapping that includes: A visualization of urban tree canopies, viewable at the census tract level; Community demographic, economic, social and health data; A comprehensive inventory of tree canopies on public…
As used in ORS 526.600 to 526.675, unless the context requires otherwise: “Institute” means the Oregon Forest Resources Institute. “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. …
The State of Oregon recognizes that the forest products industry is one of the largest industries in the state. It provides monetary returns to labor, forestland owners, mill owners and operators, public timber purchasers, timber harvesters, investors and others. It is a source of local and state taxes. It is a major supporter of many secondary businesses th…
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 cons…
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: Be a citizen of the United States. Be a bona fide resident of this state. Be a producer in this state, an employee of such a producer or own between 100 and 2,000 acres of forestland in this …
Each voting member of the board of directors of the Oregon Forest Resources Institute shall be appointed for a term ending three years from the date of the expiration of the term for which the member’s predecessor was appointed. If there is a vacancy on the board of a voting member, other than a vacancy caused by expiration of a term, the State Forester shal…
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 pro…
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.
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.
The board of directors annually shall elect a chairperson. The board of directors shall meet regularly at least once each quarter, and at such other times as called by the chairperson.
The Oregon Forest Resources Institute shall enhance and provide support for Oregon’s forest products industry. In achieving these objectives the institute may: Increase public understanding of the practice of forestry and the use and benefits of forest products. Support education and cooperative efforts among private forest landowners and within the forest…
In addition to the functions listed in ORS 526.640, the Oregon Forest Resources Institute may: Conduct research and disseminate reliable information based upon such research. 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. Enter into contracts which th…
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. No funds shall be expended by the institute for the purpose of influencing, or attempting to influence, any legislation or a…
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.
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: All references in such statutes to the Director of Agriculture shall be considered references to the State Forester. All r…
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 291.334, 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.
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.
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 car…
FOREST RESOURCE TRUST
As used in ORS 526.695 to 526.775, unless the context otherwise requires: “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. “Ecosystem services” means environmental benefits arising from the conservation and management of forestland, including, but not…
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 e…
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. In advancing moneys and providing other assistance for …
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. In advancing moneys and providing other assistance for stand establishment, the State Board of Forestry shall: Gi…
To assist the State Board of Forestry in carrying out the duties of the Forest Resource Trust, the State Forestry Department shall: Identify potentially suitable lands, and educate the owners of those lands on Forest Resource Trust programs. Provide technical and other management assistance to participating landowners. Monitor compliance with Forest Resou…
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 f…
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 deposit…
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: Program accomplishments; Financial assistance payments to participating landowners; Reve…
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. 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 co…
The State Forester may file a notice of lien under ORS 526.740 anytime after the contract is executed. 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: The name of each owner of the forestlan…
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.
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. 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 mone…
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 du…
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…
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 m…
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 termin…
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. The State Forester may enter into an agreement described in this section if all of the following criteria are met: …
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: Use acc…
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. Rules adopted by the board under this section shall set standards to ensure that in order to b…
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 O…
As used in ORS 526.801 to 526.831 and 526.992: “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. “Person” means an individual, a partnership, a public or private corp…
It is unlawful to export unprocessed timber originating from public lands in Oregon. All unprocessed timber that originates from public lands is prohibited from export. 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…
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 t…
In addition to all other requirements of law, any person submitting a bid for the purchase of public timber must certify to the following: The person will not export directly or indirectly unprocessed public timber; The person will not sell, transfer, exchange or otherwise convey unprocessed public timber to any other person without obtaining a certificati…
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.
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 a…
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.
MISCELLANEOUS
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. The review conducted under subsection (1) of this section shall include:…
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 respons…
Violation of any rule promulgated under ORS 526.041 (1) is, upon conviction, punishable as a misdemeanor.
An organizer commits a Class A misdemeanor if the organizer: Accepts money or other items of value in an exchange described under ORS 526.287 (2)(a) prior to the issuance of a large commercial event permit required under ORS 526.291; or Recklessly allows the violation of a term or condition of a large commercial event permit issued to the organizer by the …
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 time…