reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.787 - Registering to receive notice of pesticide application.

(1) A person may register with the State Forestry Department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the residence of the person. To obtain registration, the person must provide the department with:
(a) A description of the parcel where the person resides;
(b) Proof satisfactory to the department that the person resides at the parcel; and
(c) Contact information for the person that, at a minimum, includes:
(A) A mailing address; and
(B) An electronic mail address or telephone number.
(2) Upon the receipt of information under subsection (1) of this section, the department shall reconcile the parcel location information with tax lot information and note the tax lot in a geospatial layer maintained within a department reporting system.
(3) A person appropriating surface water for a water use qualifying for a spray buffer may register with the department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the water intake used by the person. To obtain registration, the person must provide the department with:
(a) The global positioning system coordinates for the water intake;
(b) If the water use qualifying for a spray buffer is subject to water right requirements, a permit, certificate, registration, limited license or order of determination for the water use;
(c) If the water use qualifying for a spray buffer is exempt from water right requirements, a description of the spring box or other type of water intake and of the type of water use;
(d) Unless established in documentation described in paragraph (b) of this subsection, an attestation that the person believes the person has a lawful entitlement to make the water use qualifying for a spray buffer;
(e) An attestation that the person controls the works at the point of diversion for the water use qualifying for a spray buffer; and
(f) Contact information for the person that, at a minimum, includes:
(A) A mailing address; and
(B) An electronic mail address or telephone number.
(4) Upon the receipt of information under subsection (3) of this section, the department shall note the location of the water intake in a geospatial layer maintained within a department reporting system. [2020 s.s.1 c.16 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.788 - Notice to State Forestry Department of proposed pesticide application.

(1) To the extent of any conflict between this section and ORS 527.610 to 527.770, the provisions of this section prevail.
(2) Notwithstanding ORS 527.670, an operator, timber owner or landowner proposing to conduct a pesticide application by helicopter to forestland shall send the State Forestry Department notice of the proposed pesticide application that includes the following:
(a) Identification of the pesticides likely to be used. The notice may not identify any pesticides that are not likely to be used.
(b) Identification of the forestland units to receive pesticide application.
(c) Identification of a 90-day period within which the pesticide application is to occur.
(d) Contact information for the operator, timber owner or landowner providing the notice that, at a minimum, includes a mail address, electronic mail address and telephone number.
(e) Any information required by State Board of Forestry rules.
(3) Except as provided in subsection (4) of this section, if the department reporting system indicates that the location of the proposed pesticide application has one or more nearby recipients, the beginning of the 90-day period identified in the notice under subsection (2)(c) of this section must be 30 or more days after the date the notice is provided to the department.
(4) If a pesticide application is not completed during the 90-day period identified in a notice, the operator, timber owner or landowner must send a new notice before commencing or completing the pesticide application. Notwithstanding ORS 527.670, if the new notice is sent in the same calendar year as the original notice, the 90-day period identified in the new notice must be seven or more days after the date the new notice is provided to the department. [2020 s.s.1 c.16 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.789 - Notice to nearby recipient of proposed pesticide application.

(1) Upon receipt of a notice under ORS 527.788 (2), a State Forestry Department reporting system shall provide the operator, timber owner or landowner that provided the notice with a list of, and contact information for, any nearby recipients for the proposed pesticide application.
(2) Two weeks after receiving a notice under ORS 527.788 (2), and on the date of receipt of any new notice under ORS 527.788 (4), the department shall send notice of the proposed pesticide application to the electronic mail address or telephone number of each nearby recipient for the application. The notice sent by the department must include, but need not be limited to, the location and nature of the proposed pesticide application and the 90-day period within which the pesticide application may occur, and the mailing address, electronic mail address and telephone number supplied as contact information by the operator, timber owner or landowner that provided notice of the proposed pesticide application under ORS 527.788. [2020 s.s.1 c.16 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.790 - Notice to State Forestry Department prior to pesticide application.

(1) An operator, timber owner or landowner that sends notice under ORS 527.788 of a proposed pesticide application by helicopter to forestland shall notify the State Forestry Department prior to the pesticide application by helicopter being made. A notice under this section must:
(a) Be made by electronic communication to a department reporting system;
(b) Be sent to the department no later than 7 p.m. on the day preceding the pesticide application;
(c) Specify the day following the notice as a day for pesticide application by helicopter;
(d) Identify the forestland units to receive pesticide application on the specified day; and
(e) Contain any additional information required by State Board of Forestry rules.
(2) The sending of a notice under subsection (1) of this section does not limit the number of days on which a pesticide application by helicopter may be made. However, a separate notice is required for each day that a pesticide application by helicopter is to be made. The sending of a notice under subsection (1) of this section does not require that a pesticide application identified in the notice be conducted.
(3) Upon receipt of a notice under this section, the department shall send the schedule information for the pesticide application and forestland unit identification to the electronic mail address or telephone number of each nearby recipient to which the department sent notice of the proposed pesticide application under ORS 527.789. [2020 s.s.1 c.16 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.791 - Verifying completion of pesticide application.

(1) If a forestland unit identified in a notice sent under ORS 527.790 receives an incomplete pesticide application on the date specified in the notice, the operator, timber owner or landowner shall send a notice of incompletion to a State Forestry Department reporting system no later than 24 hours after the end of the date specified for the application in the notice. The notice of incompletion shall consist of designating the forestland units to which an incomplete pesticide application by helicopter was made. Entry of a notice of incompletion does not affect the requirement to send notice under ORS 527.790 before completing the pesticide application.
(2) An operator, timber owner or landowner that sends a notice under ORS 527.790 shall send a completion verification to a department reporting system no later than 24 hours after the completion of the pesticide application. The completion verification shall consist of designating the forestland units to which the pesticide application by helicopter was made.
(3) The department shall make an electronic listing of the forestland units that were identified in the notice under ORS 527.790 available to the operator, timber owner or landowner in a format that allows the operator, timber owner or landowner to electronically designate:
(a) Forestland units from the list that have received an incomplete pesticide application, when sending a notice of incompletion; and
(b) Forestland units from the list on which pesticide application is complete, when sending a completion verification. [2020 s.s.1 c.16 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.792 - Designation of forestland units.

(1) If the State Forestry Department receives a notice under ORS 527.790, at the beginning of the 90-day period identified in the notice, the department shall designate the forestland units identified in the notice as being in available status. Except as provided in subsection (2) of this section, the department shall terminate the available status of a forestland unit after 90 days.
(2) Upon receiving a notice under ORS 527.790 specifying a date on which a pesticide application by helicopter is to be made, the department shall change the designation of any forestland unit identified in the notice to pending status.
(3) Upon receiving a notice of incompletion under ORS 527.791, the department shall change the designation of any forestland unit identified in the notice to incomplete status.
(4) Upon receiving a completion verification under ORS 527.791, the department shall change the designation of any forestland unit identified in the completion verification to completed status.
(5) The department shall change the designation of a forestland unit from pending status if, at 11:59 p.m. on the day following the pesticide application date specified for the forestland unit in a notice under ORS 527.790, the department has not received a notice of incompletion or completion verification for the forestland unit. Subject to subsection (1) of this section, the department shall return a forestland unit described in this subsection from pending status to available status. [2020 s.s.1 c.16 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.793 - Failure to send notice; penalties.

(1) As used in this section, "spray season" means a period that:
(a) Begins on January 1 and ends on June 30 in the same calendar year; or
(b) Begins on July 1 and ends on December 31 in the same calendar year.
(2) If an operator, timber owner or landowner fails to timely send a notice under ORS 527.790 or timely send a notice of incompletion or completion verification under ORS 527.791 for one or more forestland units, or any combination of such failures on the same day:
(a) For the first day during a spray season on which one or more failures occur, the State Forestry Department shall issue the landowner a warning.
(b) For the second day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $1,000.
(c) For a third day or any subsequent day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $5,000 per day. [2020 s.s.1 c.16 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.794 - Department reporting system.

(1) As used in this section, "department reporting system" has the meaning given that term in ORS 527.786.
(2) The State Forestry Department shall develop a system to allow nondepartment messages to nearby recipients described in ORS 527.789 (1), notices under ORS 527.790 and notices of incompletion or completion verifications under ORS 527.791 to be sent electronically using mobile telephone equipment to access a department reporting system. The department shall make the access system compatible with, at a minimum, the two most commonly used types of mobile telephone operating systems. [2020 s.s.1 c.16 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.795 - Daily spray records; penalties.

(1) As used in this section:
(a) "Daily spray records" means records required of a pesticide operator under ORS 634.146.
(b) "Geographic information system data" means the electronic location data recorded during a pesticide application by helicopter.
(c) "Health provider" means a person holding a license, certificate or permit issued under Oregon law to provide the diagnosis, treatment or care of disease or injury in the ordinary course of business or practice of a profession, when seeking to provide diagnosis, treatment or care of a patient in response to a suspected exposure of the patient to pesticide.
(d) "Pesticide operator" has the meaning given that term in ORS 634.006.
(2) The Pesticide Analytical and Response Center shall accept requests for a pesticide operator’s daily spray records and geographic information system data concerning a pesticide application by helicopter to forestland from:
(a) A unit of state government, as defined in ORS 174.111;
(b) A law enforcement agency, as defined in ORS 181A.010; or
(c) A health provider.
(3)(a) The center shall forward a request received under subsection (2) of this section to the pesticide operator that is the subject of the request. A pesticide operator that receives a request from the center shall send the center the daily spray records and geographic information system data possessed or accessible to the pesticide operator concerning pesticide applications by helicopter to forestland identified in the request.
(b) The pesticide operator shall send the requested daily spray record information to the center no later than 24 hours after receiving the request. The pesticide operator shall send the requested geographic information system data to the center no later than five business days after receiving the request.
(c) Upon receiving requested information from a pesticide operator, the center shall forward the information received to the requesting unit of state government, law enforcement agency or health provider.
(4) Failure of a pesticide operator to timely send records or data as required under subsection (3) of this section is a violation subject to a fine of $1,000 per request.
(5) Records and data sent or received under this section are not public records for purposes of ORS 192.311 to 192.478. [2020 s.s.1 c.16 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.796 - Interference with pesticide application; penalties.

(1) As used in this section:
(a) "Interfere":
(A) Means to use force, violence or action that impedes a pesticide application by helicopter to forestland.
(B) Does not mean:
(i) The memorializing of pesticide application activities through photography, videotaping, audiotaping or other creation of an electronic record by a person on public property or on private property where the person has a lawful right to be present; or
(ii) Other activities to the extent that the activities are protected under the First Amendment to the United States Constitution or Article I, section 8, of the Oregon Constitution.
(b) "Nearby recipient" has the meaning given that term in ORS 527.786.
(2) A person that intentionally interferes with a pesticide application by helicopter to forestland commits an unclassified violation punishable by a fine of:
(a) $1,000, if during the five years before the date of the interference the person has not previously been found to have committed a violation under this section; or
(b) $5,000, if not more than five years before the date of the interference the person was found to have committed a violation under this section.
(3) For purposes of this section, there is a conclusive presumption that interference is intentional if performed by a nearby recipient who was sent information under ORS 527.790 (3) concerning the pesticide application. [2020 s.s.1 c.16 §15]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.797 - Limitations on pesticide applications.

(1) As used in this section:
(a) "Department reporting system," "pesticide" and "water use qualifying for a spray buffer" have the meanings given those terms in ORS 527.786.
(b) "Flowing water" means surface water is present at the time of a pesticide application.
(c) "Inhabited dwelling" means a structure or part of a structure used as a home, residence or sleeping place by a person maintaining a household or by two or more persons maintaining a common household, but does not include outbuildings, yard areas or other land associated with the structure.
(d) "School" means the campus of:
(A) A Head Start program;
(B) A public or private institution offering instruction for all or part of prekindergarten through grade 12;
(C) The Oregon School for the Deaf;
(D) A regional residential academy operated by the Oregon Youth Authority;
(E) An education service district or community college; or
(F) A public or private college or university.
(e) "Sixth-level hydrologic unit" means the cataloging unit level of the 12-digit hydrologic unit mapping system developed by the Federal Geographic Data Committee.
(f) "Type D stream" means a stream that has domestic use, but does not have fish use.
(g) "Type F stream" means a stream that has fish use or has both domestic use and fish use.
(h) "Type N stream" means a stream that does not have domestic use or fish use.
(2) Notwithstanding ORS 527.672, a person may not directly apply pesticide by helicopter to forestland:
(a) Less than 300 feet from an inhabited dwelling, unless the landowner is the requester of the application;
(b) Less than 300 feet from a school, unless the school board or other governing body for the school is the requester of the application; or
(c) Subject to subsection (4) of this section, less than 300 feet from a water intake for a water use qualifying for a spray buffer:
(A) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is registered under ORS 527.787; or
(B) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is identified by the State Forestry Department and for which the location has been recorded in the department reporting system.
(3) On forestland that is subject to ORS 527.610 to 527.770, a person may not directly apply pesticide by helicopter near a stream:
(a) That is identified by the department as a Type D stream or Type F stream, within the greatest of:
(A) 75 feet;
(B) The required vegetated buffer; or
(C) A riparian management area existing in State Board of Forestry rules on the July 7, 2020, within which vegetation retention and special management practices are required; or
(b) That is identified by the department as a Type N stream and has flowing water, within 50 feet.
(4) The restrictions in subsection (2)(c) of this section are contingent upon the water intake location being recorded in the department reporting system. [2020 s.s.1 c.16 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.798 - Reporting points of diversion.

(1) As used in this section, "department reporting system" and "water use qualifying for a spray buffer" have the meanings given those terms in ORS 527.786.
(2) The State Forestry Department shall record in the department reporting system any points of diversion inventoried by the Water Resources Department that are:
(a) For a water use qualifying for a spray buffer; and
(b) Mapped with sufficient precision to allow the State Forestry Department to implement buffers under ORS 527.797 (2)(c).
(3) The State Forestry Department shall periodically review Water Resources Department inventory information for points of diversion and update State Forestry Department reporting system information as necessary to comply with subsection (2) of this section. [2020 s.s.1 c.16 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.799 - Implementing pesticide application provisions; rules.

The State Forestry Department may adopt rules to implement the provisions of ORS 527.786 to 527.793, 527.794, 527.795, 527.796, 527.797 and 527.798. [2022 c.33 §51]
Note:
527.799 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.820 - Just compensation exemption.

The Legislative Assembly intends that a person is not entitled to just compensation under ORS 195.305 to 195.336 for any restriction placed on the use of real property by a rule adopted or amended by the State Board of Forestry:
(1) As part of the rule package described in ORS 527.711.
(2) After the board has considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733. [2022 c.33 §8]
Note:
527.820 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.840 - Program of assistance related to loss of tree canopy.

(1) The State Forestry Department shall develop and implement a program to provide technical and financial assistance to public bodies as defined in ORS 174.109, tribal governments, watershed councils as defined in ORS 541.890 and community-based organizations for planning for, responding to and recovering from damage to habitats and urban tree canopies due to pests, diseases or other natural or human-created conditions that lead to loss of tree canopy, including but not limited to:
(a) Emerald ash borer infestation;
(b) Japanese beetle infestation;
(c) Sudden Oak Death;
(d) Pine bark beetle infestation;
(e) Climate change;
(f) Drought; or
(g) Wildfire.
(2) The program may include, but need not be limited to, assistance for:
(a) Vulnerability assessments;
(b) Tree inventories;
(c) Response and recovery plan development;
(d) Community engagement and community-led strategies; and
(e) Tree removal and replanting with species that are resistant to disease, pest and drought.
(3) The department shall coordinate with the State Department of Agriculture to support program activities related to any pests or diseases subject to quarantine under the laws of this state or of the United States. [2023 c.442 §29]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.990 - Criminal penalties.

(1) Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797, or any rule promulgated under ORS 527.706, 527.710 or 527.711, is a Class A misdemeanor. Each day of operation in violation of an order issued under ORS 527.680 (3) shall be deemed to be a separate offense.
(2) Violation of ORS 527.260 (1) is a Class A misdemeanor. Violation of ORS 527.260 (3) is a Class C misdemeanor. [Amended by 1953 c.262 §2; 1971 c.316 §14; 1987 c.919 §32; 1991 c.686 §10; 1995 s.s. c.3 §39h; 1996 c.9 §10; 1999 c.1051 §317; 2011 c.597 §223; 2015 c.833 §22; 2022 c.33 §48]
Note:
The amendments to 527.990 by section 73, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.990, as amended by section 73, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
(1) Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755 or any rule promulgated under ORS 527.710 is a Class A misdemeanor. Each day of operation in violation of an order issued under ORS 527.680 (3) shall be deemed to be a separate offense.
(2) Violation of ORS 527.260 (1) is a Class A misdemeanor. Violation of ORS 527.260 (3) is a Class C misdemeanor.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.992 - Civil penalties.

(1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685:
(a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797.
(b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680.
(c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.706, 527.710 or 527.711.
(d) Any term or condition of a written waiver, or prior approval granted by the State Forester pursuant to the rules adopted under ORS 527.710.
(2) Imposition or payment of a civil penalty under this section shall not be a bar to actions alleging trespass under ORS 105.810, nor to actions under ORS 161.635 or 161.655 seeking to recover an amount based on the gain resulting from individual or corporate criminal violations. [1987 c.919 §24; 1995 s.s. c.3 §39i; 1996 c.9 §11; 2003 c.740 §6; 2015 c.833 §23; 2022 c.33 §49]
Note:
The amendments to 527.992 by section 74, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.992, as amended by section 74, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
(1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685:
(a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755.
(b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680.
(c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.710.
(d) Any term or condition of a written waiver, or prior approval granted by the State Forester pursuant to the rules adopted under ORS 527.710.
(2) Imposition or payment of a civil penalty under this section shall not be a bar to actions alleging trespass under ORS 105.810, nor to actions under ORS 161.635 or 161.655 seeking to recover an amount based on the gain resulting from individual or corporate criminal violations.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.005 - Definitions for ORS 530.010 to 530.170 and 530.210 to 530.280.

As used in ORS 530.010 to 530.170 and 530.210 to 530.280:
(1) "Bond-related costs" means:
(a) The costs and expenses of issuing, administering and maintaining bonds, including but not limited to paying principal and interest, and premiums if any, on general obligation or revenue bonds, redeeming general obligation or revenue bonds, paying amounts due in connection with credit enhancements or any instruments authorized by ORS 286A.580 (6) and paying the administrative costs and expenses of the State Treasurer and the State Forestry Department, including costs of consultants or advisors retained by the treasurer or the department for the bonds;
(b) The costs of funding any bond reserves;
(c) Capitalized interest for bonds;
(d) Rebates or penalties due to the United States in connection with the bonds; and
(e) Any other costs or expenses that the State Treasurer or the State Forestry Department determines are necessary or desirable in connection with issuing, administering or maintaining the bonds.
(2) "Reforestation" means to increase tree stocking to a level that meets or exceeds the stocking standards relating to productivity specified by the State Board of Forestry by rule. [2009 c.831 §1]
Note:
530.005 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 530 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.010 - State Board of Forestry authorized to acquire lands; limitations; lands designated as state forests.

(1) The State Board of Forestry, referred to in this chapter as the board, in the name of the State of Oregon, may acquire, by purchase, donation, devise or exchange from any public, quasi-public or private owner, lands which by reason of their location, topographical, geological or physical characteristics are chiefly valuable for the production of forest crops, watershed protection and development, erosion control, grazing, recreation or forest administrative purposes.
(2) The board shall not acquire any land without prior approval, duly made and entered, of the county court or board of county commissioners of the county in which the lands are situated.
(3) Lands acquired under the provisions of this section shall be designated as state forests. [Amended by 1953 c.43 §2; 1967 c.396 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.020 - Title to acquired lands; encumbrances; Attorney General approval of title; cure of defects; recording.

Title to all lands acquired by the State Board of Forestry under ORS 530.010 shall be free and clear of all encumbrances except easements of rights of way and reservations or exceptions of gas, oil, coal, mineral and timber rights, unless the board determines other encumbrances will not unduly limit the management of the lands consistent with ORS 530.010 to 530.170. All titles shall be approved by the Attorney General before conveyance is accepted. However, the Attorney General may approve title to lands proposed to be acquired from counties under the provisions of ORS 530.030 or proposed to be acquired by donation or devise when, in the opinion of the Attorney General, existing defects of title are of formal nature and may be cured by suit to quiet title. In case of acquisition of lands with defective title, the Attorney General may institute suit to quiet title to such lands, and all costs in connection therewith shall be a proper charge against the funds of the board. All deeds, abstracts, title insurance policies, and other evidences of title to lands acquired under ORS 530.010 to 530.040 shall be deposited with the Secretary of State. All deeds shall promptly be recorded in the county in which the lands are situated. [Amended by 1955 c.421 §1; 2009 c.831 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.025 - Interests in acquired lands; management of lands; sales.

For acquisitions made by the State Board of Forestry on or after July 28, 2009:
(1) The board may hold and manage lands alone or in cooperation with other entities, including but not limited to community forest authorities under ORS 530.600 to 530.628.
(2) The board may acquire lands or partial interest in lands, including but not limited to conservation easements.
(3) Subject to any covenants under ORS 530.130 or 530.147, the board may sell lands or partial interest in lands, including but not limited to conservation easements, to other parties if the board determines that the other parties are better situated to manage the lands for the long term. [2009 c.831 §2]
Note:
530.025 was added to and made a part of 530.010 to 530.170 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.030 - Conveyance of county lands to state; consideration; adjustment of delinquent fire patrol liens; contracts concerning removal of timber and disposition of proceeds from sale thereof.

(1) The county court or board of county commissioners of any county may convey to the state for state forests any lands heretofore or hereafter acquired by such county through foreclosure of tax liens, or otherwise, that are within the classification of lands authorized to be acquired under ORS 530.010, if the State Board of Forestry deems such lands necessary or desirable for acquisition, in consideration of the payment to such county of the percentage of revenue derived from such lands as provided in ORS 530.110. In connection with any such conveyance, the State Board of Forestry shall have authority to make equitable adjustments with any county of accrued delinquent fire patrol liens on lands heretofore or hereafter acquired by such county by foreclosure of tax liens.
(2) As to such lands acquired by the State Board of Forestry with title to the timber remaining in the county for a designated period of time, the State Forester may enter into contracts with the county to supervise the removal and sale of such timber, and under such contracts the gross proceeds of the sale thereof shall be disposed of as follows:
(a) Ten percent of such gross proceeds shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes and under the limitations set out in ORS 530.110 (1)(a).
(b) A percentage of such gross proceeds shall be accepted by the State Forester, pursuant to written contract with the county authority, as compensation for the supervision and management of county-owned timber. The moneys so derived shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the supervision and management of state forests acquired pursuant to ORS 530.010. [Amended by 1953 c.65 §5; 1957 c.83 §13; 1965 c.423 §1; 2007 c.71 §171]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.040 - Exchange of forestland or timber; reservations; hearing; approval of title; status of lands received.

(1) It is desirable that lands acquired under the provisions of ORS 530.010 shall be consolidated in areas wherever possible through exchanges of land. It is recognized that the management of state forests will be more economically feasible through such consolidation.
(2) In order to accomplish the objectives of subsection (1) of this section, the State Board of Forestry may exchange any land acquired under the provisions of ORS 530.010, or may exchange the timber on such land, for land of approximately equal aggregate value, situated in the same county, when such exchange is in furtherance of the purposes of ORS 530.010. However, the State Board of Forestry may exchange land or timber situated in one county or counties for land situated in another county or counties if such exchange is first approved by the county court or board of county commissioners of each county involved. Either party to any such exchange may make reservations of easements, rights of use and other interests and rights. Under the authority granted in this section, the State Board of Forestry may provide or receive, in addition to land to be exchanged, a monetary consideration where necessary to make the values comply with this subsection.
(3) Before making any such exchange, the State Board of Forestry shall hold a hearing thereon at the courthouse of the county in which such lands are situated and shall give notice of the time and place thereof by publication in two successive issues of a newspaper of general circulation published in such county. The notice shall contain a description of the lands to be given and to be received in the proposed exchange. However, no such exchange shall be made until the title to the lands to be received has been approved by the Attorney General.
(4) 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 therefor. [Amended by 1955 c.421 §2; 1959 c.103 §1; 1967 c.396 §2; 2007 c.71 §172]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.053 - Holiday recreational use; armed forces personnel and veterans.

If, under ORS 530.050, the State Forester permits the use of lands acquired pursuant to ORS 530.010 to 530.040 for recreation, the State Forester shall authorize the recreational use of the lands without charge to the following persons, upon showing of proper identification and any documentation issued by the State Parks and Recreation Department that is issued to serve as proof of eligibility to use a state park, individual campsite or day use fee area without charge under ORS 390.124 (2)(c)(D):
(1) Disabled veterans; and
(2) Persons on leave from military active duty status on Memorial Day, Independence Day or Veterans Day. [2017 c.729 §2]
Note:
530.053 was added to and made a part of ORS chapter 530 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.055 - Leasing lands acquired.

Except as limited in this section but subject to separate sale of forest products under ORS 530.059, lands acquired under ORS 530.010 to 530.040 may be leased by the State Forester to any person when approved by the State Board of Forestry and for purposes deemed by the board to be more in the public interest than the purposes for which the land was acquired. [1965 c.128 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.061 - Surety deposit required of successful purchaser.

The State Forester may require the successful purchaser at a forest products sale to provide a surety bond, cash deposit, assignment of surety, irrevocable letters of credit or other securities as determined acceptable by the State Forester for the purpose of securing performance by the purchaser. The required amount of a bond, deposit, assignment, letter of credit or other security may not be more than $500,000. Claims by any person against the bond, deposit, assignment, letter of credit or other security shall be made to the State Forester for determination. If the claim is disputed, the State Forester may request settlement of the claim through compromise or mediation or require that the claim be litigated. Unless there is a claim awaiting determination, the State Forester shall return any unexpended amount from the bond, deposit, assignment, letter of credit or other security no later than 180 days after the earlier of the completion of operations under the sales contract or the termination date in the sales contract. [2014 c.47 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.065 - Modifying timber sale contracts.

(1) During the period of a timber sale contract made under ORS 530.059, either party may propose to change or modify the terms of the contract if unforeseen circumstances develop. As used in this subsection, "unforeseen circumstances" means acts of nature or other unforeseen circumstances or conditions that:
(a) Affect the nature or scope of the work to be performed or volume to be harvested under the terms of the sale contract made by the State Forester; or
(b) Require additional work or harvest in an area adjacent to a timber sale made by the State Forester.
(2) The State Forester is hereby authorized to change or modify the terms or conditions of the contract in the event of unforeseen circumstances requiring such change or modification under subsection (1) of this section only when:
(a) Such change or modification is in the best interest of the State of Oregon; and
(b) The purchaser of the timber sale agrees that the proposed change or modification will maintain an equitable contractual relationship between the parties. [1965 c.128 §2; 1983 c.759 §11; 1997 c.285 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.075 - Validation of state acquisition of county land; purposes for which land may be used; disposition of revenue.

(1) Notwithstanding ORS chapter 275 or any other law, deeds of conveyance or other instruments transferring county forests, public parks or recreational areas, from a county to the State of Oregon, either acting by and through or for the use and benefit of the State Board of Forestry, are validated and shall be conclusive evidence of the transfer of such lands from the county to the state.
(2) The State Board of Forestry shall use, manage and develop such lands for the purposes designated in ORS 275.320 if such lands are suitable for such purposes; otherwise, the lands shall be used for the purposes stated in ORS 530.010 and any revenue derived from the sale of forest products from such lands shall be disposed of in accordance with the provisions of ORS 530.110 (2). In other instances where the county received title to the land from a grantor with the provision that the land be used for particular purposes, this section shall not be construed to obviate such purposes. [1963 c.475 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.115 - Disposition of certain moneys described in ORS 530.110; disposition of forest product rehabilitation revenues.

(1) Except as set forth in subsection (2) of this section, moneys described in ORS 530.110 (1)(b) and (2)(c) shall be credited to the county in which the lands are situated and shall be paid quarterly to the county by a warrant drawn as provided by law, pursuant to claim therefor, duly approved by the State Board of Forestry. Payment shall be made on or before the last day of each month following the end of the calendar quarters ending on March 31, June 30, September 30 and December 31. Money received under this subsection by the county shall be applied in the following order:
(a) The county general fund shall be reimbursed for all costs and expenses incurred by the county in the maintenance and supervision of such lands and in any suits by it to quiet its title to lands conveyed to the state; provided that the proceeds so applied shall not be less than 10 percent of the total proceeds received.
(b) Twenty-five percent of the remainder of the money shall be credited and paid into the county school fund created under ORS 328.005.
(c) The remainder of the money shall be by the county prorated and apportioned to the various taxing districts in which the lands are situated in the proportion that the rate of tax levy in each district as shown by the tax levy filed with the assessor for the last year in process of collection, bears to the total rate of tax levy of all such taxing bodies for such year.
(2) After payment of the principal and interest of each bond issue issued pursuant to ORS 530.210 to 530.280, 20 percent of the moneys derived from forest products created through expenditures of moneys available from such bond issue shall be credited to the General Fund until the state is reimbursed for its costs under the bond issue in that county. However, the governing body of the county in its discretion may authorize a higher percentage of that county’s allocation for any year to be so credited to the General Fund. [1969 c.428 §3; 1969 c.595 §16; 1973 c.436 §2; 1977 c.840 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.120 - Account of receipts from lands acquired; annual statement to county.

The State Board of Forestry shall keep an accurate account, by legal subdivisions, of all receipts from lands acquired under the provisions of ORS 530.010 to 530.040 and shall credit to each legal subdivision the revenues derived therefrom. The board shall render annually to each county in which lands acquired under the provisions of ORS 530.010 to 530.040 are situated, a statement, by legal subdivisions, showing the revenues derived from each of such legal subdivisions.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.130 - Issuance of revenue bonds to acquire lands.

(1) In compliance with the applicable provisions of ORS chapter 286A, the State Board of Forestry may request the State Treasurer to issue the revenue bonds described in ORS 530.140 to acquire any lands as provided in ORS 530.010 and to sell revenue bonds under ORS 530.140 in the manner the State Treasurer deems advisable. The net proceeds derived from the sale of the revenue bonds, after the payment of bond-related costs, shall be paid into the State Treasury and credited to the State Forestry Department Account to be used exclusively for the purpose of acquiring lands as provided by ORS 530.010 and 530.025. The State Forestry Department may establish one or more subaccounts, as it determines are desirable for administration of the net proceeds, in the State Forestry Department Account.
(2) Subject to any management plan adopted under ORS 526.905 for the lands, the board may make covenants related to the operation, use and sale of, or revenues derived from, lands acquired with proceeds of the revenue bonds that the board determines after consultation with the State Treasurer to be necessary or desirable for repayment of the bonds.
(3) Any lands proposed to be acquired under subsection (1) of this section shall be appraised by the State Board of Forestry and the appraisal shall be approved by the Department of State Lands prior to the acquisition of the lands. [Amended by 1957 c.83 §15; 1959 c.209 §1; 1975 c.614 §17; 1981 c.660 §43; 2007 c.783 §213; 2009 c.831 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 530 - State Forests; Community Forests › Section 530.140 - Forest development revenue bonds.

(1) The State Board of Forestry may request the State Treasurer to sell revenue bonds of the State of Oregon, to be known as Oregon forest development revenue bonds, in an amount authorized under ORS 286A.035. The bonds shall not constitute a general obligation of the state, nor be a lien on any of the lands acquired by the state under ORS 530.010.
(2) The bonds shall bear interest at a rate to be determined by the State Treasurer. [Amended by 1957 c.83 §16; 2007 c.783 §213a]