justicedao/ipfs_state_laws huggingface dataset:
629-032-0030 Notice of Default to Purchaser (1) Whenever the forester finds there is a violation of any provision of the contract, the forester may suspend operations in accordance with the provisions of the contract. If the violation is not corrected within the time specified by the forester, the forester may notify the purchaser that the contract is in default and terminate the contract. (2) If the purchaser has failed to complete the requirements of the contract prior to the expiration date or any interim completion date required by the contract, whichever is earliest, or if the purchaser injures or severs timber not included in the sale, the forester may notify the purchaser that the contract is in default without allowing the purchaser to take corrective action. (3) All notices of default to the purchaser shall: (a) Be sent by certified mail with return receipt requested; (b) Inform the purchaser of the reasons for the default and the effective date of the default. (c) Inform the purchaser that the purchaser may request a contested case hearing by notifying the forester within 15 days of the date of the Notice of Default. Statutory/Other Authority: ORS 526 & 530 Statutes/Other Implemented: ORS 526.041, 526.046 & 530.059 History: DOF 1-1998, f. & cert. ef. 1-14-98 FB 3-1990, f. 6-26-90, cert. ef. 6-19-90 FB 4-1987, f. & ef. 9-8-87
629-032-0050 Contested Case Hearing (1) Within 15 days of the date of the Notice of Default from the forester stating the reason for the default and effective date of the default, the purchaser may request a contested case hearing before the forester to determine whether a default was committed by the purchaser. The hearing, if requested, is the purchaser’s opportunity to prove that it did not commit a default. Within 60 days of submitting a request for hearing, the purchaser must submit to the forester a detailed and comprehensive written statement explaining why the purchaser believes it did not commit a default. The statement must be accompanied by copies of all documentary and other evidence that the purchaser will rely on at the hearing to establish that it did not commit a default. Only those grounds identified in the purchaser’s statement, and supported by the evidence accompanying the statement, may be relied on by the purchaser at the hearing to prove that the purchaser did not commit a default. (2) The hearing shall be governed by ORS 183.413 to 183.497. A hearings officer may be appointed by the forester to hear the case. However, the hearings officer shall not have the authority to issue a final order. Any final order issued under this rule shall be signed by the forester and may be appealed as provided in 183.482. Statutory/Other Authority: ORS 526 & 530 Statutes/Other Implemented: ORS 183.413-497, 526.041, 526.046 & 530.059 History: DOF 1-1998, f. & cert. ef. 1-14-98 FB 4-1987, f. & ef. 9-8-87
629-032-0070 Provisions If the Forester determines a contract is in default, the following provisions apply to all defaults governed by OAR 629-032-0000 through 629-032-0050: (1) The following shall be retained by the forester or maintained in full effect until contract damages have been determined by agreement, mediation or litigation and the forester has been reimbursed in full for said damages: (a) Payments made by the purchaser, including initial deposits and advance payments; and (b) Performance and payment bonds. Performance and payment bond amounts shall not be reduced until the forester has been reimbursed in full for all contract damages. (2) The Department of Forestry may offer the defaulted parcel for resale at any time after the Notice of Default has been mailed to the purchaser. (3) The Department of Forestry may retain resale revenues obtained from the resale of the defaulted parcel. Statutory/Other Authority: ORS 526 & 530 Statutes/Other Implemented: ORS 526.041, 530.110 & 530.115 History: DOF 1-1998, f. & cert. ef. 1-14-98 FB 4-1987, f. & ef. 9-8-87
629-033-0000 Scope These rules apply to the exchange of lands designated as state forests lands as provided in ORS 530.010. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0005 Definitions (1) "Board" means the Oregon Board of Forestry. (2) "Board of Forestry Lands" means lands owned by the Board of Forestry under ORS Chapter 530. (3) "Department" means the State of Oregon, Department of Forestry. (4) "District" means a defined geographic area that is an administrative unit of the Department, within which a District Forester manages the Department’s programs. (5) "State forest lands" means all forest lands managed by the State Forester under the direction of the Board of Forestry as provided in ORS Chapter 530. (6) "Transaction" means an acquisition or exchange of state forest lands. (7) "State Forester" means the Agency Director of the Oregon Department of Forestry and the Secretary to the Board of Forestry. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0010 Purpose for Acquisitions and Exchanges The acquisition or exchange of state forest lands is appropriate when: (1) The transaction furthers the purposes of ORS 530.010, the acquisition of lands chiefly valuable for the production of forest crops, watershed protection and development, erosion control, grazing, recreation or forest administrative purposes; and (2) The exchange furthers the objectives of providing a full range of social, economic and environmental benefits to the people of Oregon for achieving greatest permanent value as defined in OAR 629-035-0020, as expressed in approved forest management plans; and (3) The transaction results in the consolidation of state forest lands, or makes management of state-owned forest lands more economically feasible. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0015 Long Range Acquisition and Exchange Plans (1) Each district of the Department shall prepare a long-range acquisition and exchange plan outlining the key parcels proposed for exchange or acquisition within that district. The acquisition and exchange plan shall describe how the plan aligns with ORS 530.010 and 530.040, and approved forest management plans, and furthers the objectives of achieving greatest permanent value as defined in OAR 629-035-0020. The long-range acquisition and exchange plan shall be reviewed by the Board of Forestry prior to approval by the State Forester. The State Forester shall review, update and approve long-range acquisition and exchange plans at least every ten years. (2) Proposals for exchange or acquisition that are not part of an approved long-range acquisition and exchange plan may be submitted if an exchange or acquisition opportunity presents itself, and when in the opinion of the District Forester, that proposal meets the intent of OAR 629-033-0010. Such proposals shall be submitted through supervisory channels for review and approval by the State Forester prior to the Department entering into any written agreement with the proposed acquisition or exchange partner. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0020 Land Status, Designation, and Classification (1) ORS 530.040 requires that all lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange. Status means the designation of the lands as Board of Forestry-owned state forest lands. (2) Any land transaction proposals shall state what Forest Land Base Designation and Forest Land Management Classification is in effect for the lands proposed to be given, and shall state what Forest Land Base Designation and Forest Land Management Classification is proposed for the lands being acquired. (3) Lands proposed to be acquired or exchanged shall be treated as amendments to the district land base designations and management classifications system as provided in OAR 629-035-0070, and shall be subject to a 30-day public comment period prior to approval of the transaction. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0025 Approvals (1) Exchanges of state forest lands between counties shall first be approved by the County Court or Board of County Commissioners of the counties affected. (2) All exchanges of state forest land that require a monetary payment in excess of ten percent of the value of the parcel(s) being acquired shall first be approved in concept by the Board of Forestry. (3) All acquisitions of forest lands proposed for ownership by the Board and designation as state forest lands must have approval of the County Court or Board of County Commissioners of the county affected. (4) All acquisitions or exchanges involving state forest lands shall be submitted to the Board for final approval prior to execution of deeds which consummate the transaction. (5) The Department shall obtain approval by the Attorney General of the title to all lands to be received in accordance with ORS 530.020. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0030 Public Hearings (1) As required by ORS 530.040(3), a public hearing on all acquisitions or exchanges of state forest land shall be held at the courthouse of the county or counties in which the lands are situated. (2) Notice of such hearing shall be given by publication in two successive issues of a newspaper of general circulation published in that county or counties, the first of which shall be given not less than 30 days prior to the date of the hearing. (3) The notice shall specify the time and place of the hearing, a description of lands to be given and received including a legal description and common name where applicable, and describe the proposed Forest Land Base Designation and Forest Land Management Classification for the lands being acquired. The notice shall also indicate how and where to obtain detailed maps outlining the exact location of the parcels involved and staff analysis of the transaction. (4) The 30-day notice required for public comment in OAR 629-033-0020(3) will commence on the date of the hearing described in subsection (2) above, and will run for 30 days. Public comments must be submitted by the closing of the public comment period and shall be sent to the State Forester’s office in Salem. (5) The Department shall furnish the County Commissioners with complete copies of all comments or other pertinent documents submitted relative to the transaction prior to commencement of the County Commissioners public hearing on the transaction. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0035 Monetary Consideration in Exchanges The Department may consider the receipt of land, monetary consideration, or other assets to equalize values of the parcels being exchanged. The Department must, however, receive approval in concept from the Board of Forestry when the proposed monetary payment exceeds ten percent of the value of the parcel(s) being acquired. In no event shall monetary compensation exceed 25 percent of the appraised value of the acquired property, unless the Board finds extraordinary circumstances exist that necessitate the exchange. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0040 Timber Harvest of Potential Exchange Parcels The Department may harvest a parcel that has been identified for exchange prior to approval of the exchange by the Board when: (1) The harvest of the parcel aligns with achieving the goals of applicable forest management plans and the rationale has been documented in annual operations plans; or (2) The Board approves the harvest prior to final completion of the exchange. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0045 Valuation of Acquisition or Exchange Parcels (1) The value of any asset in an acquisition, including land, timber and other assets, is equal to the price a prudent purchaser would pay in accordance with accepted appraisal practices. Unless the Board of Forestry finds that unusual circumstances exist, the value received by the Department in an acquisition or exchange shall not equal less than the value of the property transferred. (2) In assessing the value of lands to be given or acquired, the Department will conduct a biological assessment of plant and wildlife resources on the parcel(s), and a recreational resource assessment of the parcel(s) for the purpose of determining if the transaction furthers the purposes of OAR 629-033-0010 and the goals and objectives of Forest Management Plans. The assessment of biological and wildlife resources on the parcels shall be conducted by a qualified independent third party mutually agreeable to the transaction partners. The Board may consider such assessments in making its determination as to whether the proposed transaction furthers the purposes set out in 629-033-0010. (3) Unless the State Forester determines that the Department’s land exchange program could be adversely affected by the disclosure, the Department may publish, as part of the Agenda prepared for the Board prior to a regularly-scheduled meeting, a complete copy of the appraisal of the parcels before final approval of the transaction. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0050 Mineral Interests (1) As required by OAR 141-073-0115 the relinquishment of any mineral rights required in any exchange involving state forest land parcels less than ten acres in size shall be approved by the Division of State Lands. (2) As required by OAR 141-073-0120 the relinquishment of any mineral rights required in any exchange of mineral rights involving state forest land parcels of ten acres or more shall be approved by the State Land Board. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-033-0055 Appeal of Board Approval (1) As used in this section, "Aggrieved Party" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character who: (a) Is adversely affected by a Board decision to approve a land transaction as provided under 629-033-0025(4) above; and (b) Provided timely written comments on the proposed transaction to the State Forester or the Board prior to the Board’s final approval of the transaction, explaining why the transaction fails to comply with these rules. (2) Final approval by the Board of all land transactions shall be given at one of the Board’s regularly scheduled Public Meetings as outlined in 629-033-0025(4) above. Notice of the Request for Approval shall be published as part of the Agenda prepared for the Board prior to a regularly scheduled meeting. The Board shall not consider additional testimony or comments during a regularly scheduled meeting for land acquisition or exchange transactions on the agenda for consideration. (3) A written request for hearing may be filed by an aggrieved party with the State Forester no later than twenty calendar days after the public meeting at which Board approval of a land transaction was given. The request shall include: (a) A copy of the comments or testimony provided at the public hearing expressly on the party’s behalf, pertaining to the transaction; and (b) A statement that describes how the party will be adversely affected by the transaction. (4) Once a written request for a hearing has been made under subsection (3) of this section, the State Forester will postpone execution of any deeds that would consummate the transaction until issuance of a final order. (5) Requests for hearing which meet the requirements of this rule shall be heard in proceedings conducted as contested case hearings under ORS 183.413 to 183.470 and applicable Board rules on contested case procedures. In the event more than one party requests a hearing on a transaction, the requests shall be consolidated into a single proceeding. Issues for hearing shall be limited to those raised by the party in the timely filed comments at the public hearing. The hearing officer shall issue a proposed order unless the Board delegates authority to issue a final order to the hearing officer. Appeals of final orders under this section shall be as provided in ORS 183.482. Statutory/Other Authority: ORS 526.016(4) & 526.041 Statutes/Other Implemented: ORS 530.010 & 530.040 History: DOF 5-2001, f. & cert. ef. 9-14-01
629-034-0005 Definitions As used in OAR 629-034-0005 to 629-034-0015, unless the context requires otherwise: (1) “Agreement” means a memorandum of understanding, signed by the Forester and TPSO which describes the terms and conditions for TPSO scaling of state log loads. (2) “Forester” means the State Forester or an authorized representative. (3) “Log Load” means a group of logs that is transported as a unit. When multiple log loads are transported simultaneously, each will maintain its integrity for accountability. (4) “Scaling” means the process of measuring and assigning net and gross volumes and grades to logs. (5) “Scaling Facility” means an area and related improvements that are designed and constructed to allow easy access to log loads for scaling. (6) “State” means the Oregon State Department of Forestry. (7) “Third Party Scaling Organization” (TPSO) means an independent business that measures net and gross log volume and assigns grade by the rules adopted by the Northwest Log Rules Advisory Group. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.010 & 530.050 History: FB 7-1988, f. & cert. ef. 9-9-88
629-034-0010 Purpose The purpose of this rule is to: (1) Require a TPSO to enter into an agreement with the State before the TPSO is authorized to scale log loads sold under state timber sale contracts; (2) Outline scaling facility requirements which will promote consistent, accurate scaling of state log loads; and (3) Protect the interest of the people of Oregon. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.010, 530.020 & 530.050 History: FB 7-1988, f. & cert. ef. 9-9-88
629-034-0015 Third Party Scaling Agreement and Scaling Facility Requirements (1) All state logs sold on a scale recovery basis shall be scaled only at approved locations by an authorized TPSO. (2) In order to be authorized, a TPSO must enter into an agreement, on a form provided by the state, which specifies the manner and conditions under which state logs sold on a scale recovery basis shall be scaled. (3) The TPSO must scale the logs at a facility which, in the Forester’s opinion, meets the following requirements: (a) The facility has a separate office space for the exclusive use of TPSO scalers and which provides adequate storage and security for state log load information; (b) The facility provides safe and unobstructed access to the loads being scaled; (c) The facility has a communication link which provides scalers immediate contact to the local state forestry office; and (d) The facility provides protection of log and load accountability system. Statutory/Other Authority: ORS 530 Statutes/Other Implemented: ORS 530.010-065 & 530.050 History: FB 7-1988, f. & cert. ef. 9-9-88
629-035-0000 Definitions (1) “Active management” means applying practices, over time and across the landscape, to achieve site-specific forest resource goals using an integrated and science-based approach that promotes the compatibility of most forest uses and resources over time and across the landscape. (2) “Adaptive management” means the process of implementing plans in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management plans and uses the resulting information to improve the plans or management practices used to implement them. (3) “Biological diversity” means the genetic variation and the abundance and variety of microbial, plant, and animal life, the range of ecological functions, and the physical processes at any local or landscape scale. (4) “Board” means the Oregon Board of Forestry. (5) “Compatible” or “compatibility” means capable of existing or operating together in harmony. (6) “District” means a defined geographic area that is an administrative unit of the Department, within which a District Forester manages the Department’s programs. (7) “Forest conditions” means stand types, structures, and landscape patterns. (8) “Forest lands” means lands acquired under ORS 530.010 to 530.040. (9) “Forest resources” includes, but is not limited to: (a) Timber production and harvest; (b) Salmonid, and other native fish and wildlife habitats; (c) Soil, air, and water; (d) Forage and browse for domestic livestock; (e) Landscape effect; (f) Protection against flood and erosion; (g) Recreation; (h) Mining; (i) Use of water resources; and (j) Administrative sites. (10) “Forest tree species” means trees ecologically suited to the site. (11) “Integrated Management” means bringing together knowledge of various disciplines (forestry, fisheries, wildlife, water) to understand and promote land management actions that consider effects and benefits to all. (12) “Landscape” means a broad geographic area that may cover many acres and more than one ownership, and may include a watershed, or sub-watershed areas. (13) “Native” means indigenous to Oregon, not introduced. (14) “Planning area” means the appropriate management district, or districts, or other specified geographic area determined by the State Forester. (15) “Wildlife” means fish, wild birds, amphibians, reptiles, wild mammals, and other indigenous animal organisms. Statutory/Other Authority: ORS 526.016(4) Statutes/Other Implemented: ORS 530.010 - 530.050 History: DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98