ORS Chapter 530
Chapter 530 — StateForests; Community Forests
2009 EDITION
STATEFORESTS; COMMUNITY FORESTS
FORESTRYAND FOREST PRODUCTS
MULTISERIESDEFINITIONS
530.005 Definitionsfor ORS 530.010 to 530.170 and 530.210 to 530.280
ACQUISITION,MANAGEMENT AND DEVELOPMENT OF STATE FORESTS
530.010 StateBoard of Forestry authorized to acquire lands; limitations; lands designated asstate forests
530.020 Titleto acquired lands; encumbrances; Attorney General approval of title; cure ofdefects; recording
530.025 Interestsin acquired lands; management of lands; sales
530.030 Conveyanceof county lands to state; consideration; adjustment of delinquent fire patrolliens; contracts concerning removal of timber and disposition of proceeds fromsale thereof
530.040 Exchangeof forestland or timber; reservations; hearing; approval of title; status oflands received
530.050 Managementof lands acquired; powers of forester; rules
530.055 Leasinglands acquired
530.059 Procedurefor sales of forest products; surety deposit required of bidder
530.065 Modifyingtimber sale contracts
530.075 Validationof state acquisition of county land; purposes for which land may be used;disposition of revenue
530.110 Distributionof revenues from lands acquired under ORS 530.010 to 530.040
530.115 Dispositionof certain moneys described in ORS 530.110; disposition of forest productrehabilitation revenues
530.120 Accountof receipts from lands acquired; annual statement to county
530.130 Issuanceof revenue bonds to acquire lands
530.140 Forestdevelopment revenue bonds
530.143 Revenuebond refunding
530.147 ForestDevelopment Revenue Bond Fund
530.170 Dispositionof revenues from lands acquired under former statute
530.175 ForestAcquisition County Reimbursement Fund
530.180 StateForest Acquisition Fund
FORESTREHABILITATION ACT
530.210 Definitionsfor ORS 530.210 to 530.280
530.220 OregonForest Rehabilitation Act
530.230 Issuanceof general obligation bonds
530.240 Useof proceeds from general obligation bonds
530.250 StateForester to rehabilitate state forestlands; assistants, equipment andcontracts; rules
530.255 Hardwoodspecies for reforestation
530.280 StateForestry General Obligation Bond Fund
ELLIOTTSTATE FOREST; COMMON SCHOOL FOREST LANDS
530.450 Withdrawalfrom sale of Elliott State Forest
530.460 Landssuited for growing forest products to be designated Common School Forest Landsand withdrawn from sale
530.470 Determinationof lands to be designated Common School Forest Lands
530.480 Legaldescriptions of lands; resolutions of State Land Board and State Board ofForestry
530.490 Management,control and protection of Common School Forest Lands and Elliott State Forest;easements
530.500 Authorityof State Forester in management, protection, utilization and conservation oflands and waters; rules
530.510 Exchangesof land
530.520 Useof receipts; manner of paying administrative expenses
COMMUNITYFOREST AUTHORITIES
530.600 Definitionsfor ORS 530.600 to 530.628
530.602 Findings
530.604 Communityforest authorities
530.606 Creationof authority; modification; dissolution
530.608 Boardof directors of authority; officers; terms; rules
530.610 Levyof taxes prohibited
530.612 Powersof authority
530.614 Authorizationto issue bonds or other obligations; method of issuance
530.616 Authorizationto borrow moneys or to issue, sell and assume bond anticipation notes
530.618 Effectof bonds or other obligations on municipality
530.620 Loanrepayment
530.622 Authoritiesmay act jointly; limits on acquisition of forestlands
530.624 Assetsand income of authority exempt from taxation; exceptions
530.626 Earningsin excess of amounts required for authority
530.628 Applicationof laws to authority and to issuance of bonds
FORESTMANAGEMENT VIOLATIONS
530.900 Dispositionof fines and court costs
530.990 Penaltiesfor forest management violations
MULTISERIESDEFINITIONS
530.005Definitions for ORS 530.010 to 530.170 and 530.210 to 530.280. As used in ORS530.010 to 530.170 and 530.210 to 530.280:
(1)“Bond-related costs” means:
(a)The costs and expenses of issuing, administering and maintaining bonds,including but not limited to paying principal and interest, and premiums ifany, on general obligation or revenue bonds, redeeming general obligation orrevenue bonds, paying amounts due in connection with credit enhancements or anyinstruments authorized by ORS 286A.580 (6) and paying the administrative costsand expenses of the State Treasurer and the State Forestry Department,including costs of consultants or advisors retained by the treasurer or thedepartment for the bonds;
(b)The costs of funding any bond reserves;
(c)Capitalized interest for bonds;
(d)Rebates or penalties due to the United States in connection with the bonds; and
(e)Any other costs or expenses that the State Treasurer or the State ForestryDepartment determines are necessary or desirable in connection with issuing,administering or maintaining the bonds.
(2)“Reforestation” means to increase tree stocking to a level that meets orexceeds the stocking standards relating to productivity specified by the StateBoard of Forestry by rule. [2009 c.831 §1]
Note: 530.005 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 530 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
ACQUISITION,MANAGEMENT AND DEVELOPMENT OF STATE FORESTS
530.010State Board of Forestry authorized to acquire lands; limitations; lands designatedas state forests.(1) The State Board of Forestry, referred to in this chapter as the board, inthe name of the State of Oregon, may acquire, by purchase, donation, devise orexchange from any public, quasi-public or private owner, lands which by reasonof their location, topographical, geological or physical characteristics arechiefly valuable for the production of forest crops, watershed protection anddevelopment, erosion control, grazing, recreation or forest administrativepurposes.
(2)The board shall not acquire any land without prior approval, duly made andentered, of the county court or board of county commissioners of the county inwhich the lands are situated.
(3)Lands acquired under the provisions of this section shall be designated as stateforests. [Amended by 1953 c.43 §2; 1967 c.396 §1]
530.020Title to acquired lands; encumbrances; Attorney General approval of title; cureof defects; recording. Title to all lands acquired by the State Board ofForestry under ORS 530.010 shall be free and clear of all encumbrances excepteasements of rights of way and reservations or exceptions of gas, oil, coal,mineral and timber rights, unless the board determines other encumbrances willnot unduly limit the management of the lands consistent with ORS 530.010 to530.170. All titles shall be approved by the Attorney General before conveyanceis accepted. However, the Attorney General may approve title to lands proposedto be acquired from counties under the provisions of ORS 530.030 or proposed tobe 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 toquiet title. In case of acquisition of lands with defective title, the AttorneyGeneral may institute suit to quiet title to such lands, and all costs inconnection therewith shall be a proper charge against the funds of the board.All deeds, abstracts, title insurance policies, and other evidences of title tolands acquired under ORS 530.010 to 530.040 shall be deposited with theSecretary of State. All deeds shall promptly be recorded in the county in whichthe lands are situated. [Amended by 1955 c.421 §1; 2009 c.831 §9]
530.025Interests in acquired lands; management of lands; sales. Foracquisitions made by the State Board of Forestry on or after July 28, 2009:
(1)The board may hold and manage lands alone or in cooperation with otherentities, including but not limited to community forest authorities under ORS530.600 to 530.628.
(2)The board may acquire lands or partial interest in lands, including but notlimited to conservation easements.
(3)Subject to any covenants under ORS 530.130 or 530.147, the board may sell landsor partial interest in lands, including but not limited to conservation easements,to other parties if the board determines that the other parties are bettersituated to manage the lands for the long term. [2009 c.831 §2]
Note: 530.025 wasadded to and made a part of 530.010 to 530.170 by legislative action but wasnot added to any smaller series therein. See Preface to Oregon Revised Statutesfor further explanation.
530.030Conveyance of county lands to state; consideration; adjustment of delinquentfire patrol liens; contracts concerning removal of timber and disposition of proceedsfrom sale thereof.(1) The county court or board of county commissioners of any county may conveyto the state for state forests any lands heretofore or hereafter acquired bysuch county through foreclosure of tax liens, or otherwise, that are within theclassification of lands authorized to be acquired under ORS 530.010, if theState Board of Forestry deems such lands necessary or desirable foracquisition, in consideration of the payment to such county of the percentageof revenue derived from such lands as provided in ORS 530.110. In connectionwith any such conveyance, the State Board of Forestry shall have authority tomake equitable adjustments with any county of accrued delinquent fire patrolliens on lands heretofore or hereafter acquired by such county by foreclosureof tax liens.
(2)As to such lands acquired by the State Board of Forestry with title to thetimber remaining in the county for a designated period of time, the StateForester may enter into contracts with the county to supervise the removal andsale of such timber, and under such contracts the gross proceeds of the salethereof shall be disposed of as follows:
(a)Ten percent of such gross proceeds shall be paid into the State Treasury andcredited to the State Forestry Department Account and shall be used exclusivelyfor 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 thesupervision and management of county-owned timber. The moneys so derived shallbe paid into the State Treasury and credited to the State Forestry DepartmentAccount and shall be used exclusively for the supervision and management ofstate forests acquired pursuant to ORS 530.010. [Amended by 1953 c.65 §5; 1957c.83 §13; 1965 c.423 §1; 2007 c.71 §171]
530.040Exchange of forestland or timber; reservations; hearing; approval of title;status of lands received. (1) It is desirable that lands acquired under theprovisions of ORS 530.010 shall be consolidated in areas wherever possiblethrough exchanges of land. It is recognized that the management of stateforests will be more economically feasible through such consolidation.
(2)In order to accomplish the objectives of subsection (1) of this section, theState Board of Forestry may exchange any land acquired under the provisions ofORS 530.010, or may exchange the timber on such land, for land of approximatelyequal aggregate value, situated in the same county, when such exchange is infurtherance of the purposes of ORS 530.010. However, the State Board ofForestry may exchange land or timber situated in one county or counties forland situated in another county or counties if such exchange is first approvedby the county court or board of county commissioners of each county involved.Either party to any such exchange may make reservations of easements, rights ofuse 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 beexchanged, a monetary consideration where necessary to make the values complywith this subsection.
(3)Before making any such exchange, the State Board of Forestry shall hold ahearing thereon at the courthouse of the county in which such lands aresituated and shall give notice of the time and place thereof by publication intwo successive issues of a newspaper of general circulation published in suchcounty. The notice shall contain a description of the lands to be given and tobe received in the proposed exchange. However, no such exchange shall be madeuntil the title to the lands to be received has been approved by the AttorneyGeneral.
(4)All lands received in exchange shall have the same status and be subject to thesame provisions of law as the lands given in exchange therefor. [Amended by1955 c.421 §2; 1959 c.103 §1; 1967 c.396 §2; 2007 c.71 §172]
530.050Management of lands acquired; powers of forester; rules. Under theauthority and direction of the State Board of Forestry except as otherwiseprovided for the sale of forest products, the State Forester shall manage thelands acquired pursuant to ORS 530.010 to 530.040 so as to secure the greatestpermanent value of those lands to the state, and to that end may:
(1)Protect the lands from fire, disease and insect pests, cooperate with thecounties and with persons owning lands within the state in the protection ofthe lands and enter into all agreements necessary or convenient for theprotection of the lands.
(2)Sell forest products from the lands, and execute mining leases and contracts asprovided for in ORS 273.551.
(3)Enter into and administer contracts for the sale of timber from lands owned ormanaged 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 toforage and browse for domestic livestock, fish and wildlife environment,landscape effect, protection against floods and erosion, recreation, andprotection of water supplies when, in the opinion of the board, the use is notdetrimental to the best interest of the state.
(5)Grant easements, permits and licenses over, through and across the lands. TheState Forester may require and collect reasonable fees or charges relating tothe location and establishment of easements, permits and licenses granted bythe state over the lands. The fees and charges collected shall be usedexclusively for the expenses of locating and establishing the easements,permits and licenses under this subsection and shall be placed in the StateForestry Department Account.
(6)Require and collect fees or charges for the use of state forest roads. The feesor charges collected shall be used exclusively for purposes of maintenance andimprovements of the roads and shall be placed in the State Forestry DepartmentAccount.
(7)Reforest the lands and cooperate with the counties, and with persons owningtimberlands within the state, in the reforestation, and make all agreementsnecessary or convenient for the reforestation.
(8)Require such undertakings as in the opinion of the board are necessary orconvenient to secure performance of any contract entered into under the termsof this section or ORS 273.551.
(9)Sell rock, sand, gravel, pumice and other such materials from the lands. Thesale may be negotiated without bidding, provided the appraised value of thematerials does not exceed $2,500.
(10)Enter into agreements, each for not more than 10 years duration, for theproduction of minor forest products.
(11)Establish a forestry carbon offset program to market, register, transfer orsell forestry carbon offsets. In establishing the program, the forester may:
(a)Execute any contracts or agreements necessary to create opportunities for thecreation of forestry carbon offsets; and
(b)Negotiate prices that are at, or greater than, fair market value for thetransfer or sale of forestry carbon offsets.