justicedao/ipfs_state_laws huggingface dataset:
629-022-0050 Project Criteria The State Forester must use the following criteria to evaluate and approve proposed Projects: (1) The highest priority Projects are those favoring: (a) Landowners with existing Loan Program Contracts or cost-share Practice plans in good standing that request additional funds to ensure that their Forest Stands reach Free To Grow, remain Adequately Stocked or otherwise remain in an improved forest management condition; (b) Lands with a written forest management plan that encompasses the eligible land and has been created or updated within the last 5 years; (c) Environmental Restoration or other Approved Practices consistent with conservation plans or strategies adopted by the Oregon Department of Fish and Wildlife; (d) Landowners who contribute funds, labor, equipment and material; and (e) Lands covered by a Stewardship Agreement as defined in ORS 541.423. (2) Projects of medium priority are those including: (a) Lands that are of higher site productivity based on the region in which they occur; (b) Larger acreages; (c) Funding sources that are approved from other forestry incentive or loan programs; (d) Forest Products that are harvested during the Conversion. (3) The lowest priority Projects are those that meet the requirements of OAR 629-022-0110 but do not contain any of the priority considerations in subsection (1) and (2). Statutory/Other Authority: ORS 526.700 - ORS 526.730 & ORS 526.745 Statutes/Other Implemented: ORS 526.695 - ORS 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
629-022-0060 Donations to the Trust Fund (1) Any individual, partnership, corporation, organization or government agency may contribute funds to the Trust fund. (2) At the request of the donor, contributed funds may be targeted by the State Forester for either the loan or cost-share program and for specific Practices or Environmental Restoration in specific watersheds, counties or regions of Oregon. Statutory/Other Authority: ORS 526.700 - ORS 526.730 & ORS 526.745 Statutes/Other Implemented: ORS 526.695 - ORS 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
629-022-0070 Carbon Offsets In consideration of the benefits received through Forest Resource Trust programs, the State Forester may establish an interest in the rights to Carbon Offsets accruing to the Forest Stand through Loan Program Contracts or other instruments established in ORS 526.780, provided such action by the State Forester does not interfere with or affect the Harvest and sale of Forest Products by the Landowner. Statutory/Other Authority: ORS 526.700 - ORS 526.730 & ORS 526.745 Statutes/Other Implemented: ORS 526.695 - ORS 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
629-022-0080 State Forester Exceptions to these Rules The State Forester may issue an exception to these rules so as to approve Projects that: (1) Assist a Landowner in meeting reforestation obligations under OAR 629-610-0070 where such approval will lead to the establishment of a Forest Stand that the Landowner agrees to manage above the reforestation stocking standards in the Forest Practices Act and in 629-610-020 or as otherwise specified in the Loan Program Contract, until the conditions in 629-022-0250, Life of the Contract, are met. (2) Contain an Environmental Restoration that results in a non-forest native vegetation habitat condition (e.g., oak savanna) important to and consistent with conservation plans or strategies adopted by the Oregon Department of Fish and Wildlife. Statutory/Other Authority: ORS 526.700 to ORS 526.730 & ORS 526.745 Statutes/Other Implemented: ORS 526.695 - ORS 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
629-022-0110 Trust Funds — Eligibility (1) Only Nonindustrial Private Forestland owners with less than 5,000 acres of Forestland or up to 15,000 acres of Low Site Forestland in Oregon are eligible to receive funds under the cost-share program. (2) Nonindustrial private and other qualified private and local government Forestland owners are eligible to receive funds under the loan program. (3) Eligible Forestland must be Underproducing Forestland or other Forestland that is: (a) At least 10 contiguous acres in size; (b) Identified in the county comprehensive plan as forest, farm or conservation use; (c) Located outside urban growth boundaries or residential zones, as identified in the county comprehensive plan; (d) Free from all obligations under the Forest Practices Act; (e) Free of any "no tree cutting" or “no timber harvest” covenants or encumbrances; (f) Under no current petition before a county requesting a land use change to avoid reforestation under ORS 527.760; and (g) Currently under no application for a claim for, or has received, economic compensation for or waiver from Forestland zoning restrictions or requirements of the Oregon Forest Practices Act. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0120 Applying for Trust Funds (1) Any Person may apply for Trust funds, certifying on an application provided by the State Forester that: (a) Both the lands and the Person meet the requirements of OAR 629-022-0110; and (b) The Person requests a suspension of the reforestation requirements under OAR 629- 610-0070 when a proposed Project includes the Harvest of Forest Products. (2) If the Person is a corporation, partnership or limited liability company, the applicant must provide the names and addresses of the stockholders, partners, members or any other Person having an ownership interest in the entity. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0130 Loan Program — Project Plan (1) A Landowner meeting the requirements of 629-022-0110 and 629-022-0120 must submit a Project plan. (2) A Landowner may receive technical assistance to develop the Project plan from the State Forester, other cooperating state or federal agencies, or a Resource Management Professional. (3) The Project plan must include: (a) Practices and Approved Consulting Services necessary to accomplish stand establishment on eligible Underproducing Forestlands or the improved management of eligible Forestland; (b) A Project map or maps delineating the Project boundary on at an aerial photo and also showing a legend, scale, north arrow, property boundary, topography, location of Practices, acres, and where applicable to the Approved Practices in the Project plan, vegetative cover types, soil types within the Project boundary, existing or proposed roads, and sensitive resource sites or streams that are protected by the Forest Practices Act; and (c) A description of Environmental Restoration planned within the Project boundary and the source of funding for the Practices. (4) The Project plan must also include for each Practice described in the Project plan : (a) Specifications for the Practice; (b) A time schedule for completion; (c) Budgeted Costs; and (d) A description of any Forest Practices Act rules that need to be followed. (5) When the Landowner retains a Resource Management Professional to implement a Project, the Project plan must include the Resource Management Professional fees described in OAR 629-022-0230. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0140 Approval of a Proposed Project (1) The State Forester must use the information in the Landowner's Project plan, described in OAR 629-022-0130, in a point rating system based on the Project criteria in 629-022-0050, to select Projects for funding, subject to the requirements of 629-022-0150. (2) When a Project is selected for funding, the State Forester must approve all Practices, Environmental Restoration, consulting services and Budgeted Costs described in the Project plan in OAR 629-022-0130(3), (4) and (5). Budgeted Costs and fees are subject to the limitations in 629-022-0220 and 629-022-0230. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0150 Loan Program Contract (1) A Landowner receiving Project approval for Trust funding under the loan program must execute a Loan Program Contract with the State Forester. (2) The Loan Program Contract must include: (a) An approved Project plan; (b) Financial agreements for repayment of Trust funds under OAR 629-022-0300 through 629-022-0410; and (c) A security instrument, if required by the State Forester, described in OAR 629-022-0160. (3) No work may begin on the Practices described in the Project plan that are subject to Direct Cost Payments by the Trust until the contract is signed by all parties. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0160 Loan Program Security Instrument (1) The Landowner may be required by the State Forester to provide good and sufficient collateral to secure repayment of all funds paid to the Landowner from the Trust. (2) Collateral must be in the form of a a general lien upon all Forest Products grown or growing within the Project boundary or boundaries and proceeds derived therefrom as specified in ORS 526.740. (3) Costs and fees related to the collateral and the security instrument, such as title policy premiums and escrow fees, must be paid from Trust funds but may not be used to determine final payback amounts described in OAR 629-022-0300 through 629-022-0320. These costs and fees are subject to repayment following a breach of contract. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0200 Implementing the Project Plan; Payments (1) The Landowner must implement the Practices in the Project plan and notify the State Forester when an Approved Practice or an Approved Consulting Service, or a part of a Practice or service, described in the Project plan is complete. (2) To request a Direct Cost Payment, the Landowner must submit written invoices for the Incurred Cost of the completed Practice or consulting service notified in section (1) of this rule. (3) The State Forester must disburse Trust funds to the land owner as Direct Cost Payments when the State Forester certifies that a Practice is complete to the specifications and within the Budgeted Costs approved in the Project plan in OAR 629-022-0140. (4) Actual Trust costs must be used to determine final payback amounts described in OAR 629-022-0300 through 629-022-0320. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0210 Landowner Obligations (1) The Landowner must: (a) Complete all Project Practices described in the Project plan; (b) Manage the Forest Stand in an Adequately Stocked and Free To Grow condition, as defined in OAR 629-022-0390; (c) Comply with forest Practices standards required by state and federal law except for planting standards, which may be more than the required state minimums; (d) Report any adverse changes in the condition of the Forest Stand to the State Forester; and (e) Notify the State Forester before commencing any forest Operations. (2) The State Forester may periodically perform compliance inspections on all Practices described in the Project plan. The State Forester must have access to all lands described in the Project plan to monitor, evaluate or certify as complete the Practices described in the Project plan. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0220 Project Rates and Costs (1) Costs for Approved Practices or Approved Consulting Services described in the Loan Program Contract must be within Budgeted Costs determined by the State Forester, based on the prevailing rates and wages in Oregon. (2) Project costs paid from the Trust fund may not exceed the Project costs approved in OAR 629-022-0140(2), unless the Landowner requests additional Trust funds, and provides evidence justifying additional Trust funds, prior to the completion of the Practice. (3) The State Forester may approve additional Trust funds when: (a) The requirements of section (2) of this rule are met; and (b) The Landowner agrees to amend the contract and the payback amounts, described in OAR 629-022-0300 through 629-022-0320 to reflect the higher Trust fund expenditures. (4) The Trust fund may not pay for: (a) Purchase of capital or expendable items, such as vehicles, ongoing road maintenance, sprayers, shovels, planting hoes, saws or safety equipment; or (b) Landowner labor, materials or equipment. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0230 Resource Management Professional Fees (1) Resource Management Professional fees for Approved Consulting Services may be paid from Trust funds for field and office work required to write a Project plan described in OAR 629-022-0130 and to supervise the implementation and completion of all Practices in the Project plan described in 629-022-0130. (2) The fees in section (1) of this rule must be subject to: (a) The Landowner executing the contract under OAR 629-022-0150 and 629-022-0160; and (b) The Landowner submitting invoices for the professional fees charged for the Approved Consulting Services under OAR 629-022-0200. (3) All Resource Management Professional fees paid from the Trust fund must be included in the Actual Trust Costs to determine final payback amounts described in OAR 629-022-0300 through 629-022- 0320. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0250 Life of the Contract The Loan Program Contract between the Landowner and the Trust must be terminated when: (1) The Landowner makes full payment described in OAR 629-022-0300; or (2) A Catastrophe destroys the entire Forest Stand, leaving No Salvage Value; or (3) Two hundred years, or as otherwise specified in the contract, elapse since the execution of the original contract. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0300 Repaying Trust Funds (1) The Landowner may terminate the Loan Program Contract at anytime during the life of the contract by repaying all Trust funds, including interest. (2) The State Forester must calculate the amount due by using the Actual Trust Costs paid to the Landowner to establish the Forest Stand described in the Loan Program Contract, with annual interest at the rate determined in OAR 629-022-0320. Interest is simple, prorated to the nearest full month, and begins on the date that payment or payments are made to the Landowner. (3) When there is a partial Harvest of Forest Products at any time during the life of the Loan Program Contract, the Landowner must make payments of 50 percent of all net receipts, until all the Trust funds, including interest are paid. (4) When there is a Final Harvest of Forest Products from the Forest Stand, the Landowner must make full repayment of the lowest of the following: (a) The Actual Trust Cost plus interest attributable to that portion of the Forest Stand so harvested; or (b) The remaining amount of the Actual Trust Cost plus interest; or (c) The total of all net receipts. (5) Repayment of Trust funds is first applied to the Actual Trust Cost paid to the Landowner and then to the accumulative interest, until repaying all the Trust funds, including interest. (6) The Landowner must make payments to the State Forester, to be deposited in the Trust fund, within 60 days of completing the Harvest Operation triggering the need for payment. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0320 Interest Rate (1) The rate is 4.0 percent, simple interest. (2) The interest rate must be fixed when the Loan Program Contract is executed and may not change during the life of the contract. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.700 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 Reverted to FB 4-1994, f. & cert. ef. 8-3-94 DOF 4-2006(Temp), f. & cert. ef. 5-2-06 thru 10-28-06 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0380 Catastrophe; Salvage Adjustments (1) A Catastrophe may be caused by: (a) Insects, diseases, fire or other casualties and accidents; or (b) Storms, floods, droughts and other unusual environmental conditions. (2) When a Catastrophe damages individual trees or groups of tress within the Forest Stand: (a) The Landowner must pay the appropriate amount on Salvaged Forest Products, as described in OAR 629-022-0300(3); and (b) The State Forester must adjust the Forest Stand boundaries to reflect the Forest Stand capable of producing Harvest revenues. The Forest Stand boundaries may not be adjusted to exclude land with unharvested merchantable Forest Products. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0390 Adequately Stocked Forest Stand The Landowner must manage Forest Stands established with Trust funds at or above the reforestation stocking standards in the Forest Practices Act and in OAR 629-610-020 or as otherwise specified in the contract, until the conditions in 629-022-0250, Life of the Contract, are met. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0400 Trust Administration — Landowner Breach of Loan Program Contract A Loan Program Contract breach occurs when the Landowner fails to perform any term of the contract. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0410 Remedies for Breach of Loan Program Contract Remedies for Breach of Loan Program Contract (1) The Landowner must pay liquidated damages for a breach of contract by repaying all Trust funds, with interest as calculated in OAR 629-022-0300(2). (2) At any time Forest Products are harvested in breach of contract, the Landowner must pay liquidated damages in the form of a breach penalty. (3) In addition to any other right as provided by law, the State Forester may assign a liquidated and delinquent account, as defined by the Oregon Accounting Manual, to the Department of Revenue or to a private collection agency. (4) The breach penalty in section (2) of this rule may include a reasonable administrative fee to recover the cost of collection services and other related costs, as described in ORS 293.231 through 293.250. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 526.775 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09 DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07 FB 4-1994, f. & cert. ef. 8-3-94
629-022-0800 Cost-Share Program — Scope (1) Nonindustrial Private Forest Landowners meeting the requirements of OAR 629-022-0110 may apply pursuant to 629-022-0120 for financial assistance under the cost-share program for the purpose of planning for or carrying out Practices, Consulting Services or Environmental Restoration that result in the establishment of Forest Stands or in the improved management of Forestlands for timber production, fish and wildlife, water quality and other environmental purposes. (2) The State Forester must maintain, and revise as necessary, a list of cost-share components that exemplify the Practices, Consulting Services and Environmental Restoration that are eligible for financial assistance under the cost-share program. (3) Depending on the agreements entered for funds received by the Forest Resource Trust pursuant to ORS 526.725, the State Forester may place limits on the scope of cost-share components available for financial assistance under the cost-share program or place additional years on the requirement to maintain the effectiveness of the cost-share Practice as specified in OAR 629-022-0820(8) and 629-022-0840(2). (4) Landowners cannot apply for financial assistance under the cost-share program for Practices, Consulting Services or Environmental Restoration that have already been completed, or are in the process of being completed, at the time of application. Further, Landowners may not begin completing any Practices, Consulting Services or Environmental Restoration being applied for until the State Forester has approved or denied the Landowner’s application under OAR 629-022-0810. (5) Practices, Consulting Services or Environmental Restoration that are likely to result in Ecosystem Services that have a reasonable chance of securing a net economic benefit from payments for these services within the maintenance period for the effectiveness of the Practice as defined in OAR 629-022-0820(8) are not eligible for cost-share reimbursement payments. Statutory/Other Authority: ORS 526.700 - 526.730 Statutes/Other Implemented: ORS 526.703 History: DOF 1-2009, f. 1-12-09, cert. ef 2-1-09