justicedao/ipfs_state_laws huggingface dataset:
629-022-0810 Cost-Share Program Approval (1) Landowner applications for financial assistance under the cost-share program may not be approved until the State Forester has determined that cost-share program funds are available. (2) The State Forester must evaluate the information in the Landowner’s cost-share application to determine a project’s priority for funding based on the Project criteria in OAR 629-022-0050 subject to any limitations set-forth under 629-022-0810(3). (3) The State Forester must maintain, and periodically update, a list of cost-share rates by cost-share component that exemplify the not-to-exceed cost-share reimbursement limits available to Landowners applying for financial assistance under the cost-share program. (4) The State Forester must maintain, and periodically update, a list of Landowner self-labor and self-equipment use rates that exemplify the not-to-exceed cost-share reimbursement limits available to Landowners applying for financial assistance under the cost-share program. (5) State Forester approval of the Landowner’s cost-share application constitutes an agreement between the Forest Resource Trust and the Landowner that obligates the Forest Resource Trust cost-share program funds necessary to cover the sum of the not-to-exceed cost-share reimbursement limit for each cost-share component applied for and approved. (6) For applications that are not approved, the State Forester must notify Landowner’s of such. The State Forester must specify the reason for denying the Landowner’s application including, but not limited to, a lack of available funds, low ranking of the application with respect to the Project criteria in OAR 629-022-0050, or incompleteness of the application. 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
629-022-0820 Cost-Share Program Plan and Landowner Obligations (1) Upon approval of the Landowner’s cost-share application, the State Forester must prepare a Practice plan that provides the performance specifications and time period for completing each cost-share component approved in the Landowner’s application. (2) The Practice plan will list all the approved cost-share components and the corresponding cost-share not-to-exceed reimbursement rates for the approved application. (3) The Practice plan is the basis by which the State Forester will determine acceptable performance by the Landowner for completing the cost-share component approved in the Landowner’s application. (4) Landowners agree to complete all the cost-share components listed in the Practice plan. (5) Landowners can request modifications to the Practice plan based on new information not available at the time of application or a change in site conditions since the time of application. (6) The State Forester is not obligated to approve the Landowner’s requested modification to the Practice plan if the State Forester determines: (a) The new information or the change in site conditions does not require a change to the Practice plan; or (b) Funds to pay for the Practice plan modifications are not available. (7) Landowners are responsible for obtaining the authorities, rights, easements, or other approvals necessary to implement the approved cost-share components of the Practice plan in accordance with all applicable laws and regulations including compliance with the Oregon Forest Practices Act. (8) Upon receipt of a cost-share reimbursement payment, the Landowner agrees to maintain the effect of the implemented Practices or Environmental Restoration on the Forestland for at least 10 years from the year the cost-share reimbursement payment was received. 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
629-022-0830 Cost-Share Program Payment Procedures (1) For the State Forester to approve a cost-share reimbursement payment, each cost-share component in the Practice plan must be completed according to the performance specifications and the time period identified in the Practice plan. (2) To initiate the payment process, the Landowner must notify the State Forester of any completed cost-share component, identified in the Practice plan, for which cost-share reimbursement payment is being requested. (3) The State Forester will review the completed cost-share components to certify that the components were completed according to the performance specifications and within the time period specified in the Practice plan. (4) Upon certification by the State Forester that the cost-share components were completed according to the Practice plan, the State Forester will calculate the amount of the cost-share reimbursement payment to the Landowner using the appropriate cost-share rate, but not for an amount exceeding the “not-to-exceed reimbursement level” set in the Practice plan. Payment will be made payable to the Landowner. 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
629-022-0840 Breach of Cost-Share Program Practice Plan (1) Any cost-share reimbursement payments under OAR 629-022-0830 are subject to repayment by the Landowner to the Trust if the Landowner fails to complete any cost-share components as specified in the Practice plan, and: (a) Such incompletion results in a failure in stand establishment; or (b) Does not improve the management of the forestland subject to the cost-share application. (2) Failure to maintain the effect of the implemented Practices or Environmental Restoration on the Forestland for at least 10 years from the date the last cost-share reimbursement payment was made will require the Landowner to repay all cost-share reimbursement payments to the Trust unless the State Forester determines that such failure was due to factors beyond the Landowner’s control. 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
629-022-0850 Cost-Share Program: Special Circumstances (1) When the State Forester denies a cost-share reimbursement payment because the completed cost-share component does not meet the performance specification or time period in the Practice plan, the Landowner may resubmit the payment request. The State Forester must approve the payment request when one of the following conditions has been met: (a) The Landowner repeats the completion of the cost-share component and meets the performance specification in the Practice plan; (b) The Landowner establishes that a reasonable effort was made and failure to meet the performance specification in the Practice plan was due to factors beyond the Landowner’s control; or (c) The Landowner establishes that the cost-share component, as performed, does not jeopardize the stand establishment or the improved management of Forestland the cost-share component was designed to achieve. (2) In case of death or incompetence of any Landowner, the State Forester must approve cost-share reimbursement payments to the successor in title or other persons or entities in control of the Landowner if the successor agrees to: (a) Complete all remaining cost-share components in the Practice plan; and (b) Meet all other Landowner obligations in OAR 629-022-0820. (3) When the Landowner sells, conveys or otherwise looses control of the Forestland prior to completion of the Practice plan, the Landowner is required to repay all cost-share reimbursement payments to the Trust unless the new Landowner agrees to: (a) Implement the remaining cost-share components in the Practice plan; and (b) Meet all other Landowner obligations in OAR 629-022-0820. 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
629-023-0310 Western Oregon Forest Land Tax — Management Standards (1) Purpose. Under ORS 321.367, the State Forester must report to the appropriate county assessors all lands designated as forest land under 321.358 which were logged prior to 1973 and fail to meet minimum stocking standards. excluded from the report are lands which are under an acceptable management plan for achieving the stocking requirements. Also the State Forester is required to determine if lands under the Western Oregon Severance Tax system are being managed as forest land. The following management standards will apply in making the determination and review: (2) Stocking. Stocked lands are lands which support established and maintained forest trees in accordance with standards of land productivity, minimum density, acceptable species, variances, and prior approval procedures found in the appropriate Regional Administrative Rules of ORS Chapter 527. (3) Over Mature Stands. Over mature stands are: (a) Even aged conifer stands at culmination of mean annual increment in board feet Scribner, or 90 years of age, whichever occurs later; (b) Uneven aged conifer stands, if these stands contain 10,000 board feet or more per acre in mature trees; mature trees are those which have reached culmination of mean annual increment in board feet Scribner or are 90 years old or older, whichever occurs later; (c) Stands will not be considered over mature if they are being held for purposes of sustained yield or for other management reasons acceptable to the State Forester. (4) Schedule for Meeting Standards. Forest owners under the Western Oregon Severance Tax program shall proceed to bring their lands into stocked, not over mature condition, within a reasonable time period. Conversion activities of nonstocked lands logged prior to 1973 and evidence of acceptable management planning or remaining lands will be monitored by the State Forester. At any time the State Forester has reason to believe lands are not being converted to a stocked condition or are not being managed as forest land, he may require a plan detailing the owner’s intentions for complying with the requirements of ORS 321.367. (5) Maintenance Practices. Maintenance practices including site preparation, planting, animal damage control, and release may be needed to meet the above standards. Protection from fire, insect, and disease is also needed as required in ORS Chapters 477, 478, and 527. Statutory/Other Authority: ORS 321 & 526 Statutes/Other Implemented: ORS 321.358 & 321.367 History: FB 6-1980, f. 3-5-80 FB 3-1978, f. & ef. 1-6-78 FB 51(Temp), f. & ef. 10-13-77
629-023-0320 Reporting Underproductive or Unmanaged Forest Land (1) Under ORS 321.367, the State Forester must report to the appropriate county assessor the location of all designated forest lands that were logged prior to 1973 and are suitable for growing and harvesting timber and fail to meet the minimum stocking requirements under ORS Chapter 527. The State Forester must also report other unmanaged forest lands. (2) For the purpose of this rule the following definitions and procedures will apply: (a) “Just Cause for Inadequate Stocking.” The State Forester will consider all evidence presented by the landowner in determining “just cause” for areas of low stocking or non-management. “Just cause” may include recent acquisitions, severe sites, environmental problems or other conditions beyond the control of the owner; (b) “Acceptable Management Plan.” The State Forester will accept all management plans that contain sufficient information to insure that the required stocking or management will be achieved within a reasonable time period. The plan must have: (A) A legal description of the underproductive or unmanaged lands; (B) A map showing the location of underproductive or unmanaged lands; (C) A description of the method(s) for meeting the management standards prescribed by OAR 629-023-0310; (D) A time schedule for completion. (c) “Reasonable Time.” The reasonable time that will be allowed in the owners management plan for achieving the required stocking levels will be based on total ownership. The plan must show that the following percentages of suitable acres of forest land will be in a stocked or managed condition by: 50 percent within five years, 60 percent within six years, 70% within seven years, and 80 percent thereafter; (d) “Unmanaged Forest Land.” Forest lands that are not in compliance with the management standards as defined in OAR 629-023-0310 will be considered as unmanaged; (e) “Reportable Units.” The State Forester will report units of underproductive forest land and non-managed forest land when: (A) The underproductive or unmanaged acreage is more than half the tax lot acreage or 20 acres,whichever is less; and (B) The units are of a size that can be managed as a unit based on topography, the size of the adjacent stands, and the location of the unit in relation to property lines. (C) There is no acceptable plan that would lead to compliance with OAR 629-023-0310. Statutory/Other Authority: ORS 321 & 526 Statutes/Other Implemented: ORS 321.367 History: FB 6-1980, f. & ef. 3-5-80
629-023-0410 Underproductive Forestland Conversion Tax Credit — Purpose of the Rules (1) Under ORS 315.104 certain taxpayers may claim a tax credit for 50 percent of the reasonable costs of forestation of underproductive commercial forestland. (2) Under ORS 315.106 the State Forester will establish and collect a tax credit application fee for the administration of the reforestation tax credit program. (3) The purposes of administrative rules 629-023-0410 to 629-023-0490 are to establish fees for the administration of the program, to clarify administration of the tax credit by the State Forester and to define an applicant's appeal rights under this credit. (4) The State Forester may periodically change the tax credit application fee so that revenue generated by the fee will be adequate to recover the costs to administer the tax credit program. (5) The State Forester will make available a copy of the fee schedule upon request by a taxpayer. Statutory/Other Authority: ORS 315 & 526 Statutes/Other Implemented: ORS 315.104 & 315.106 History: DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06 DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06 DOF 4-2002, f. & cert. ef. 6-18-02 FB 6-1996, f. 7-9-96, cert. ef. 7-15-96 FB 9-1990, f. & cert. ef. 10-25-90 FB 2-1986, f. & cert. ef. 1-10-86 FB 8-1982, f. & cert. ef. 9-10-82 FB 5-1980, f. & cert. ef. 3-5-80
629-023-0420 Underproductive Forestland Conversion Tax Credit — Definitions (1) "Appropriate sites" means those sites capable of producing a commercial hardwood or softwood stand which meet the definition of commercial forestland and are planted with suitable forest tree species. (2) "Commercial forestland" means land for which a primary use is the growing and harvesting of forest tree species. (3) "Forest tree species" means those species that are ecologically suited to the planting site, capable of producing commercial forest products, and marketable in the future as determined by the State Forester. (4) "Hardwood harvests conducted for the purpose of converting underproductive forestland" means the harvest of an area occupied by a low volume and low value stand in which significant commercial harvest of forest tree species is not possible as defined in OAR 629-023-0440(2), or the landowner can demonstrate that the stand is or was unmerchantable by showing a negative economic return. (5) "Negative economic return" means the costs that result from the harvest, such as logging, taxation and reforestation costs, exceed the market value received or to be received. (6) "Project Costs" mean costs paid by the taxpayer to afforest underproductive forestland. For projects planted on or after January 1, 2008, the tax credit application fee is a project cost. (7) "Reasonable costs" mean: (a) Costs that a prudent person in the field of forestry would be willing to pay for a product or service; and (A) Are competitive; and (B) Associated with generally accepted practices listed in OAR 629-023-0440(3)–(9); or (b) Costs that are otherwise approved by the State Forester. (8) "Reasons beyond the control of the taxpayer" means: (a) Natural disaster including fire, flood, landslides, unusual weather conditions, and other natural incidents as determined by the State Forester; or (b) The forest is not established even though the project was completed in accordance with the specifications of OAR 629-023-0440 as determined by the State Forester. (9) "Reasons under the control of the taxpayer" means the reforestation project was not completed in accordance with the specifications of OAR 629-023-0440 as determined by the State Forester. (10) "Tax credit application fee" means a nonrefundable fee that is paid by the taxpayer, in accordance with OAR 629-023-0450(2), at the time the written request for preliminary certificate is filed with the State Forester. Statutory/Other Authority: ORS 315 & 526 Statutes/Other Implemented: ORS 315.104 & 315.106 History: DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08 DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06 DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06 DOF 4-2002, f. & cert. ef. 6-18-02 FB 6-1996, f. 7-9-96, cert. ef. 7-15-96 FB 9-1990, f. & cert. ef. 10-25-90
629-023-0430 Underproductive Forestland Conversion Tax Credit — Eligible Project Costs For projects planted on or after January 1, 2008, the application fee is an eligible project cost. For all projects, eligible project and plantation establishment costs incurred by the taxpayer to forest underproductive forestland may include labor (does not include labor performed by the taxpayer), supervision, material, and equipment operating costs for the following: (1) Site preparation; (2) Planting, or with State Forester approval, seeding; (3) Release; (4) Moisture conservation; (5) Erosion control; (6) Animal damage control. Statutory/Other Authority: ORS 315 & 526 Statutes/Other Implemented: ORS 315.104 & 315.106 History: DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08 DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06 DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06 DOF 4-2002, f. & cert. ef. 6-18-02 FB 6-1996, f. 7-9-96, cert. ef. 7-15-96 FB 9-1990, f. & cert. ef. 10-25-90
629-023-0450 Underproductive Forestland Conversion Tax Credit — Preliminary Certificate Issuance (1) The project is completed when the minimum number of well-distributed seedlings has been satisfactorily planted. The minimum number required under this section is the same as required under the reforestation rules of the Oregon Forest Practices Act. (2) The preliminary credit application submitted to the State Forester by the taxpayer must include: (a) Payment of the tax credit application fee in the amount in effect on the date the preliminary certificate is filed; (b) A single project area; or (c) Multiple project areas if approved by the State Forester; (d) A project map; (e) The tax year (the year the trees were planted) for which the credit is claimed; (f) Whether claimant status is as an individual, partnership, or corporation; (g) The applicant's name, address, social security number or employer identification number; (h) The legal description of the property including the county; (i) The number of acres eligible for the tax credit; (j) The approximate date each activity was completed; (k) The amount of federal or state cost share or other incentive program funds received; and (l) The taxpayer's reasonable eligible project costs. (3) The tax credit claimed on the preliminary certificate may be retained by the taxpayer in the event that a new forest is not established when all of the following conditions exist: (a) The taxpayer made a reasonable effort to meet the project specifications of OAR 629-023-0440; (b) The reasons the new forest is not established are beyond the control of the taxpayer; (c) The measures performed by the taxpayer would normally have resulted in establishing the minimum number of trees per acre. Statutory/Other Authority: ORS 315 & 526 Statutes/Other Implemented: ORS 315.104 & 315.106 History: DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08 DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06 DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06 DOF 4-2002, f. & cert. ef. 6-18-02 FB 6-1996, f. 7-9-96, cert. ef. 7-15-96 FB 9-1990, f. & cert. ef. 10-25-90
629-023-0460 Underproductive Forestland Conversion Tax Credit — Final Certificate Issuance The State Forester will issue a final certificate when the new forest is established. (1) The forest is established when at least the minimum number of seedlings as required in OAR 629-023-0450 have survived two or more growing seasons and are free to grow without severe competition from other vegetation. (2) The final credit application submitted to the State Forester by the taxpayer will include: (a) The tax year for which the credit is claimed; (b) The number of acres where additional treatment was needed to establish the new forest; (c) The date the additional treatment was completed; (d) The amount of federal or state cost share or other incentive program funds received; and (e) The taxpayer's reasonable eligible project costs. (3) A final certificate will not be issued when the new forest is not established due to reasons beyond the control of the taxpayer. In such a situation, the taxpayer may requalify for a tax credit in the same manner as a new applicant. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 315.104 & 315.106 History: DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06 DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06 DOF 4-2002, f. & cert. ef. 6-18-02 FB 6-1996, f. 7-9-96, cert. ef. 7-15-96 FB 9-1990, f. & cert. ef. 10-25-90
629-023-0490 Underproductive Forestland Conversion Tax Credit — Appeal Rights A person who wishes to appeal a decision made by the State Forester regarding this credit will use the following procedure: (1) Person must notify the Department of Forestry field representative in writing that they disagree with the decision and explain why they disagree. (2) If an impasse exists with the field representative, the person may write the department's Forest Tax Programs Manager in Salem, within 90 days of the field representative's determination, requesting an appeal to the Board of Forestry stating the basis for the appeal. The appeal is filed when it is received in the Forest Tax Programs Manager's office. Nothing in this rule precludes the manager from disposing of a controversy by informal conference. Appeals are made to the Board of Forestry using the Model Rules of Procedure under the Administrative Procedure Act. Under these rules the person will be provided a contested case hearing by a hearings officer, whose findings are forwarded to the Board of Forestry for review and action. (3) If the person wishes to appeal the decision of the Board of Forestry, an appeal must be taken to the Oregon Tax Court within 60 days of the Board's action. Statutory/Other Authority: ORS 526 Statutes/Other Implemented: ORS 315.104 & 315.106 History: DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06 DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06 FB 6-1996, f. 7-9-96, cert. ef. 7-15-96 FB 9-1990, f. & cert. ef. 10-25-90
629-025-0000 Purpose of the Rules These rules establish standards for recreational- and commercial-use of State Forest Lands managed by the Forester. The objectives of these rules are: to protect the resources of State Forest Lands, to promote the safety of all users of those lands, and to minimize conflicts among the various uses of those lands. These rules are adopted pursuant to ORS 530.050 which gives the Forester the authority to adopt rules necessary for the management, protection, utilization and conservation of State Forest Lands acquired pursuant to ORS 530.010 to 530.040, and 526.291 to 526.294 which gives the department the authority to establish rules governing Large Commercial Events. Statutory/Other Authority: ORS 526.291 - 526.294 & 530.050 Statutes/Other Implemented: ORS 526.287 - 526.299, 530.010 - 530.040 & 530.990 History: DOF 1-2016, f. & cert. ef. 3-11-16 FB 3-1995, f. & cert. ef. 9-15-95