justicedao/ipfs_state_laws huggingface dataset:
629-603-0000 Adaptive Management Program Purpose (1) The purpose of the adaptive management program rules is to provide science-based recommendations and technical information to assist the Board of Forestry in determining when it is necessary or advisable to adjust rules, guidance, and training programs to achieve the biological goals and objectives. (2) OAR 629-603-0000 through 629-603-0600 shall be known as the adaptive management program rules. (3) It is the policy of the State of Oregon that regulation of forest practices for the protection of aquatic species shall, in addition to other statutory requirements, be subject to a process of adaptive management, whereby forest practice rules are: (a) Monitored for effectiveness relative to the biological goals and objectives; and (b) Modified if necessary to achieve the biological goals and objectives. (4) The adaptive management program is established to implement the policy stated in section (3) of this rule. (5) The purpose of the adaptive management program is to: (a) Ensure timely and effective change as needed to meet biological goals and objectives. (b) Provide predictability and stability of the process of changing regulation so landowners, regulators, and interested members of the public can understand and anticipate change. (c) Apply best available science to decision-making. (d) Effectively meet biological goals and objectives with less operationally expensive prescriptions when feasible. (6) For the purposes of this rule division, the following definitions apply: (a) "Adaptive management program committee" (AMPC) means the adaptive management program committee described in OAR 629-603-0300. (b) "Best available science" means the standards developed pursuant to OAR 629-603-0400(4). (c) "Biological goals and objectives" means the biological goals and objectives as set by the department for a habitat conservation plan to meet requirements of section 11(1) chapter 33, Oregon Laws 2022. (d) "Independent research and science team" (IRST) means the independent research and science team described in OAR 629-603-0400. (e) "IRST housing agency" means a public body that houses and supports the Independent Research and Science Team as described in OAR 629-603-0450. (f) "Research agenda" means the plan developed by the AMPC pursuant to OAR 629-603-0200(5)(a). Statutory/Other Authority: ORS 527.710 & section 34(2), chapter 33, Oregon Laws 2022 Statutes/Other Implemented: section 34(1), chapter 33, Oregon Laws 2022 History: DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023 DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0130 Adaptive Management Program Budget (1) It is the intent of the Board of Forestry that the State Forester and its cooperators place a high priority on the adaptive management program, which requires securing adequate resources to conduct the necessary work of the AMPC, the IRST, the Adaptive Management Program Coordinator, and other entities as needed. The State Forester shall work with its cooperators and the legislature to secure the necessary resources, funding, and coordination for an effective adaptive management program. (2) The board shall determine the budget for: (a) The IRST Housing Agency described in OAR 629-603-0450; (b) Participation grants for the AMPC and the IRST per OAR 629-603-0160; (c) IRST research projects; (d) Analyses per OAR 629-603-0100(7) as provided by OAR 629-603-0200(5)(e); and (e) Other aspects of the adaptive management program that may arise, notwithstanding the process described in section (3) of this rule. (3) The AMPC shall create a detailed, preliminary budget of the funds from section (2)(c) of this rule for the research agenda per OAR 629-603-0200(5)(a), for a subsequent board vote per OAR 629-603-0200(5)(d). Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0160 Adaptive Management Participation Grants (1) Organizations on the AMPC and the IRST are eligible for participation grants to compensate the organization for organizational resources the organization dedicated to support the AMPC or the IRST. The Department of Forestry, Department of Fish and Wildlife, Department of Environmental Quality, and federal agencies on the AMPC are not eligible for participation grants. (2) The Board of Forestry shall determine the budget available for participation grants every biennium pursuant to OAR 629-603-0130(2)(b). The budgeted funds shall be equally divided by the number of members from eligible organizations who apply for the grants. (3) The board shall award individual participation grants to eligible organizations who request these grants. (4) If an eligible organization on the IRST has more than one member on the IRST, each eligible organization shall receive individual participation grants for each of their members. (5) Notwithstanding section (2) of this rule, the board may choose to award some members higher grant amounts if the members have significantly higher workloads than other AMPC or IRST members. Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 36(10), Chapter 33, Oregon Laws 2022, Section 38(11), Chapter 33, Oregon Laws 2022 & Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0300 Adaptive Management Program Committee (1) The purpose of the Adaptive Management Program Committee (AMPC) is to complete work described in division 603 of OAR chapter 629 and section 36(7), chapter 33, Oregon Laws 2022. (2) The AMPC shall develop its operating procedures through a charter approved by the AMPC. The charter shall include: (a) A values statement on the purpose of the AMPC, including the need for ongoing good relationships. (b) Ground rules for AMPC member interactions. (c) Determination of what constitutes a substantial decision per section 36(8), chapter 33, Oregon Laws 2022. (d) Process for selecting chairperson(s). The chairperson shall have the usual duties and powers of a presiding officer. (e) Roles, expectations, and representation on subcommittees. (f) Regular deadlines including the deadline specified in OAR 629-603-0200(3)(c). (g) Measures to maintain and improve the long-term effectiveness of AMPC, including: (A) Succession management procedures; (B) Onboarding of new AMPC members; and (C) Regular review and updating of the AMPC charter. (3) After the Board of Forestry appoints the first AMPC members pursuant to sections 36(5)(a) and 37, chapter 33, Oregon Laws 2022, members’ terms may be renewed by a vote by the board. If an AMPC member’s term is not renewed by the board or there is any other vacancy of a voting member on the AMPC, then the entity described in sections 36(3), 36(4), 36(5)(a) chapter 33, Oregon Laws 2022 shall propose two new candidates for a vote from the board for AMPC appointment. (4) The AMPC shall conduct their meetings per the AMPC charter, and all AMPC meetings shall be conducted as public meetings consistent with Oregon Public Meetings Law. The AMPC will provide for public testimony at meetings unless the chairperson determines that doing so would be detrimental to the conduct of the AMPC’s business. (5) An organization on the AMPC may designate someone to serve as an interim member in place of their current member. The interim member will have all the rights and responsibilities of that organization’s voting status per Section 36, Chapter 33, Oregon Laws 2022 . The organization must submit in writing to the adaptive management program coordinator: (a) The name of the interim member; and, (b) The duration of their interim status, not to exceed one year. Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023 DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0400 Independent Research and Science Team (1) The purpose of the Independent Research and Science Team (IRST) is to complete work described in division 603 of OAR chapter 629 and section 38(8), chapter 33, Oregon Laws 2022. (2) The IRST shall develop its operating procedures through a charter approved by the IRST. The charter shall include: (a) A values statement on the purpose of the IRST, including the need for ongoing good relationships; (b) Ground rules for IRST member interactions; (c) Measures to obtain research expertise or review from outside the IRST; (d) Determination of what constitutes a substantial decision per section 38(9)(b), chapter 33, Oregon Laws 2022; (e) Process for selecting chairperson(s). The chairperson shall have the usual duties and powers of a presiding officer; (f) Process for nominating new members to fill vacancies and add new disciplinary expertise pursuant to section 38(6), chapter 33, Oregon Laws 2022; (g) Role, expectations, and representation on subcommittees; and (h) Measures to maintain and improve the long-term effectiveness of the IRST, including: (A) Succession management procedures; (B) Onboarding of new IRST members; and (C) Regular review and updating of the IRST charter. (3) An IRST member’s term may be renewed upon a two-thirds vote of the rest of the IRST and then ratification by the board. A two-thirds vote of the other IRST members, or a majority vote of the board, may remove an IRST member before the end of their term. (4) The IRST shall develop standards for best available science for the adaptive management program that include: (a) Types of sources of best available science; (b) Process for determining what is best available science based on criteria set by the IRST, including an assessment of study quality and relevance; (c) Testable hypotheses as a crucial element for successful research; (d) A peer review process that is transparent and addresses both study designs and study reports. The IRST shall not grant anonymity to authors, handling editors, or peer-reviewers before January 1, 2028. After January 1, 2028, the IRST may modify the anonymity requirements to peer reviewers by a substantial decision of the IRST; and (e) Other elements the IRST determines are necessary. (5) The IRST may update the best available science standards developed pursuant to section (4) of this rule. (6) The IRST shall conduct their meetings per the IRST charter, and all IRST meetings shall be conducted as public meetings consistent with Oregon Public Meetings Law. The IRST will provide for public testimony at meetings unless the chairperson determines that doing so would be detrimental to the conduct of the IRST’s business. (7) The IRST may pursue scientific inquiry via various avenues, including: (a) Literature review; (b) Field monitoring; (c) Original research; (d) Commissioned studies; and, (e) Other means of scientific inquiry. Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 38(7), Chapter 33, Oregon Laws 2022 & Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0450 Housing Agency for IRST (1) The department shall have an agreement with Oregon State University-Institute for Natural Resources to house the Independent Research and Science Team with an initial six-year agreement. At the end of the initial term, and for all periods thereafter, the department shall develop an agreement with a public body every six years to house and support the work of the IRST. The agreements shall align with Division 603 rules. As used in this rule, the term “public body” has the meaning provided in ORS 174.109. (2) Every six years, the Board of Forestry shall consider the location of the IRST Housing Agency in alignment with performance audits per OAR 629-603-0100(5). As part of this review, the AMPC must submit a report to the board evaluating performance of the IRST Housing Agency. The AMPC report shall reflect all the views of the AMPC members and does not require a vote of the AMPC. (3) The IRST will oversee the IRST Housing Agency’s work to: (a) Help refine research questions and associated proposals per OAR 629-603-0200(4); (b) Draft requests for proposals to address research projects per OAR 629-603-0200(6); (c) Post requests for proposals using standard public bidding processes per OAR 629-603-0200(6); (d) Develop agreements for successful proposers of request for proposals per OAR 629-603-0200(6); (e) Administer agreements mentioned in subsection (3)(d) of this rule per standard agreement processes for the Housing Agency per OAR 629-603-0200(6); (f) As requested by the IRST, draft reports summarizing the results of funded research, per OAR 629-603-0200(6)(g); (g) Provide administrative functions for the IRST including: (A) Coordinate and host IRST meetings and ensure they adhere to Oregon Public Meetings Law; (B) Draft and maintain the IRST charter per OAR 629-603-0400(2); and (C) Provide other administrative functions as needed. (h) Provide other support duties as needed. Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 5-2023, minor correction filed 07/01/2023, effective 07/01/2023 DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0500 Adaptive Management Program Coordinator The State Forester will appoint an Adaptive Management Program Coordinator to serve as the program administrator. The Adaptive Management Program Coordinator will be a neutral facilitator whose primary function is to assist the program by: (1) Facilitating communication between, and coordinating the work of, adaptive management program participants listed in OAR 629-603-0100(2); (2) Reporting to the Board of Forestry on annual progress of adaptive management program pursuant to OAR 629-603-0100(4), in addition to appearances as needed to present AMPC reports and other adaptive management program work; (3) Managing budgets for participation grants described in OAR 629-603-0160 for the AMPC and the IRST; (4) Coordinating agreements for regular performance audits of the adaptive management program per OAR 629-603-0100(5); and (5) Performing other duties as needed. Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-603-0600 Rulemaking Topics In addition to requirements specified in section 39, chapter 33, Oregon Laws 2022 and other law, the Board of Forestry may use the adaptive management program rulemaking process for rules that are not intended to achieve the biological goals and objectives. (1) The board shall ensure that the use of the adaptive management process for issues unrelated to the biological goals and objectives does not impair the ability of the adaptive management program to address issues related to the biological goals and objectives. (2) If the board directs the AMPC and the IRST to address issues unrelated to the biological goals and objectives, the IRST shall consult with experts in that non-aquatic research discipline to support IRST projects and reports. Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022 Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022 History: DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022
629-605-0100 Compliance (1) The operator, landowner, or timber owner shall comply with the practices described in the forest practice statutes and rules unless approval has been obtained from the State Forester for a plan for an alternate practice which is designed to result in the same effect or to meet the same purpose or provide equal or better results as those practices described in statute or administrative rule. (2) The State Forester may approve a plan for an alternate practice to waive or modify forest practice rules when: (a) The State Forester determines that a federal or state agency, a college or university, or a private landowner has submitted an application to the State Forester for a bona fide research project involving activities not in accordance with the rules; or (b) The State Forester determines that waiving or modifying a specific practice will result in less environmental damage than if the practice is applied; or (c) After consulting with the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester determines that waiving or modifying a specific practice will improve soil, water quality, fish habitat, or wildlife habitat; or (d) The State Forester determines that the alternate practice is necessary to provide for public safety or to accomplish a land use change. (e) The State Forester determines that the alternate practice is necessary to establish a wildlife food plot, while providing overall maintenance of forest resources as described in ORS 527.710. (3) When the State Forester’s approval does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain a written explanation of the reasons for approving the alternate practices. (4) The State Forester may approve a plan for an alternate practice to waive or modify rules for resource sites identified in OAR 629-680-0100 (Threatened or Endangered Fish and Wildlife Species), 629-680-0200 (Sensitive Bird Nesting, Roosting and Watering Sites), 629-680-0300 (Significant Wetlands), or 629-680-0400 (Biological Sites) when: (a) The county has an adopted program under OAR 660-016-0005 and 660-016-0010 that has evaluated the resource sites; and (b) Applying the forest practice rules for the identified resource sites would regulate or prevent operations, or uses, allowed under the acknowledged county comprehensive plan. Statutory/Other Authority: ORS 527.710, ORS 527.630(3), 527.714(1), 526.016(4) & 527.678(3)(a) Statutes/Other Implemented: ORS 527.710, ORS 527.674 & 527.715 History: DOF 1-2020, amend filed 08/12/2020, effective 09/01/2020 DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06 DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06 DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0102 FB 7-1992, f. & cert. ef. 6-5-92 FB 2-1987, f. 5-4-87, ef. 8-1-87 FB 5-1978, f. & ef. 6-7-78 FB 31, f. 6-14-72, ef. 7-1-72
629-605-0105 Notice of Federal Endangered Species Act Compliance with the forest practices rules does not substitute for or ensure compliance with the federal Endangered Species Act. Nothing in these rules imposes any state requirement to comply with the federal Endangered Species Act. Landowners and operators are advised that federal law prohibits a person from taking certain threatened or endangered species which are protected under the Endangered Species Act. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.710 & 527.715 History: DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03
629-605-0110 Annual Review The State Forester shall, at least once each year, meet with other state agencies concerned with the forest environment to review the Forest Practice Rules relative to sufficiency. The State Forester shall then report to the Board of Forestry a summary of such meeting or meetings together with recommendations for amendments to rules, new rules, or repeal of rules. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.721 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0104 FB 5-1978, f. & ef. 6-7-78 FB 31, f. 6-14-72, ef. 7-1-72
629-605-0120 Consultation Department personnel shall consult with personnel of other state agencies concerned with the forest environment situations where expertise from such agencies is desirable or necessary. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.721 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0105 FB 5-1978, f. & ef. 6-7-78 FB 31, f. 6-14-72, ef. 7-1-72
629-605-0130 Compliance with the Rules and Regulations of the Department of Environmental Quality Each operation, as defined by ORS 527.620, shall be conducted in full compliance with the rules and regulations of the Department of Environmental Quality relating to air and water pollution control. In addition to all other remedies, any violation thereof shall be subject to all remedies and sanctions available by law, rule, or regulation to the Department of Environmental Quality. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.715 History: FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0106 FB 5-1978, f. & ef. 6-7-78 FB 31, f. 6-14-72, ef. 7-1-72
629-605-0160 Forest Practices Regions The state is divided into three regions to better achieve the purposes of the forest practice rules. These regions are: (1) Eastern Oregon Region Boundary: All land east of the summit of the Oregon Cascade Range as described by the following boundary: Beginning at a point on the Columbia River near the junction of Interstate 84 and State Highway 35, thence southerly along State Highway 35 to the north line of Section 5, T2S-R10E; thence east to the NE corner Section 5; thence southeasterly approximately 1.5 miles to a point of intersection with Forest Road No. 1720 in Section 9, T2S-R10E; thence easterly along said road and along Forest Road No. 44 to the east line of Section 12, T2S-R10E; thence southerly along the western boundaries of Wasco, Jefferson, Deschutes, and Klamath Counties to the southern boundary of Oregon. (2) Northwest Oregon Region Boundary: All land west of the summit of the Oregon Cascade range as described in the Eastern Oregon Region Boundary, north of the south boundary of Lane County. (3) Southwest Oregon Region Boundary: All land west of the summit of the Cascade Range as described in the Eastern Oregon Region Boundary; south of the south boundary of Lane County. Statutory/Other Authority: ORS 527.710 Statutes/Other Implemented: ORS 527.640 History: DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13 FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0112 FB 5-1994, f. 12-23-94, cert. ef. 1-1-95 FB 3-1994, f. 6-15-94, cert. ef. 9-1-94 FB 10-1982, f. & ef. 10-21-82