2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 527 - Pest Control; Forest Practices › Section 527.711 - Private Forest Accord rule package.

(1) The State Board of Forestry shall, as a single rule package following a single, consolidated rulemaking process:
(a) Adopt rules consistent with the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, to the extent that requirements in the Private Forest Accord Report do not contravene statutory requirements.
(b) As needed to conform with the rules described in paragraph (a) of this subsection, and only as needed to conform with the rules described in paragraph (a) of this subsection, amend or repeal the rules in effect on March 17, 2022, that implement ORS 527.610 to 527.770.
(2) When adopting, amending or repealing rules as described in subsection (1) of this section, the board shall resolve any gaps or ambiguities in the requirements of the Private Forest Accord Report by:
(a) Referring to the intent and structure of the rules implementing ORS 527.610 to 527.770 that are in effect on March 17, 2022; and
(b) Achieving the outcomes described in the Private Forest Accord Report.
(3) The department shall:
(a) Publish the Private Forest Accord Report.
(b) Ensure that the Private Forest Accord Report remains publicly available on a department website. [2022 c.33 §2]
Note:
527.711 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note below).
Note:
Section 5, chapter 33, Oregon Laws 2022, provides:
Sec. 5. Timeline for applicability of Private Forest Accord rule package.
(1) As used in this section:
(a) "Common ownership" has the meaning given that term in section 16 of this 2022 Act [527.738].
(b) "Small forestland" means forestland that has an owner that owns or holds common ownership interest in less than 5,000 acres of forestland in this state.
(2) Rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711] apply only to an operation for which a notification is filed under ORS 527.670 (6):
(a) On or after January 1, 2024.
(b) Before January 1, 2024, if the operation is not completed on or before December 31, 2023.
(3) Notwithstanding subsection (2) of this section, rules adopted or amended as part of the rule package that relate to fish buffers apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.
(4) If the State Forester determines that a forest activity electronic reporting and notice system operated by the State Forestry Department is not updated with the information necessary to implement the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the department on February 7, 2022, in time for operations to reasonably comply with the requirements by January 1, 2024, the deadlines described in subsection (2) of this section for application of rules that do not relate to fish buffers:
(a) May be extended by the State Forester for a period not to exceed one year; and
(b) After an extension described in paragraph (a) of this subsection, may be extended by the State Board of Forestry only if the board finds that the additional extension is necessary. [2022 c.33 §5]
Note:
Sections 54 to 64, chapter 33, Oregon Laws 2022, provide:
Sec. 54. Statement of legislative intent concerning habitat conservation plan and incidental take permit.
(1) The Legislative Assembly intends that the policies described in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act shall remain in effect only if:
(a) An incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027;
(b) The State Board of Forestry has not made a finding that the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711]; and
(c) The incidental take permit remains in effect.
(2) The legislative intent described in subsection (1) of this section is established by sections 55 to 64 of this 2022 Act. [2022 c.33 §54]
Sec. 55. Petition for finding related to habitat conservation plan.
(1) If an incidental take permit related to an approved habitat conservation plan responsive to the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027, an author of the Private Forest Accord Report may, no later than 14 days after the date the incidental take permit is issued, petition the State Board of Forestry to make a finding as to whether the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711].
(2) If the board receives a petition described in subsection (1) of this section, the board shall issue a finding no later than 45 days after the date the petition is received.
(3) If the board finds that the habitat conservation plan imposes more than a de minimis difference:
(a) On or before the 91st day after the date the board makes the finding, the board shall:
(A) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act.
(B) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in subparagraph (A) of this paragraph.
(C) Amend any other rules as needed to conform with repeals described in subparagraph (A) of this paragraph.
(b) On or before the 120th day after the board makes the finding, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under paragraph (a) of this subsection. [2022 c.33 §55]
Sec. 56. Revocation or invalidation of incidental take permit.
If, pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act, and the incidental take permit described in section 55 (1) of this 2022 Act is subsequently revoked or invalidated:
(1) On or before the 180th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the board shall:
(a) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711].
(b) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.
(c) Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.
(2) On or before the 210th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 §56]
Sec. 57. Issuance of incidental take permit on or before December 31, 2027.
If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is not issued on or before December 31, 2027:
(1) On or before April 1, 2028, the State Board of Forestry shall:
(a) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711].
(b) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.
(c) Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.
(2) On or before May 1, 2028, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 §57]
Sec. 58. Report on issuance of incidental take permit and finding related to habitat conservation plan.
On or before February 1, 2028, the State Board of Forestry shall report to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on:
(1) Whether the incidental take permit described in section 11 of this 2022 Act was issued on or before December 31, 2027.
(2) Whether the board has received a petition to make a finding described in section 55 (1) and (2) of this 2022 Act. [2022 c.33 §58]
Sec. 59. Report on revocation or invalidation of incidental take permit.
If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027, but is subsequently revoked or invalidated, after the date that any appeals process related to the revocation or invalidation has been exhausted or forgone, whichever occurs first, the State Board of Forestry shall:
(1) Promptly report the revocation or invalidation to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245.
(2) Notify the Office of the Legislative Counsel of the revocation or invalidation as soon as practicable. [2022 c.33 §59]
Sec. 60. Conditional repeals.
Sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act are repealed. [2022 c.33 §60]
Sec. 61. Operation of conditional provisions upon finding related to habitat conservation plan.
(1) Except as otherwise provided in sections 62 and 63 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if the State Board of Forestry finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act.
(2) If the board finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 150th day after the date the board makes the finding. [2022 c.33 §61]
Sec. 62. Operation of conditional provisions upon revocation or invalidation of incidental take permit.
(1) Except as otherwise provided in sections 61 and 63 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if:
(a) Pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act; and
(b) The incidental take permit is subsequently revoked or invalidated.
(2) If the events described in subsection (1)(a) and (b) of this section occur, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 240th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first. [2022 c.33 §62]
Sec. 63. Operation of conditional provisions upon failure to issue incidental take permit on or before December 31, 2027.
(1) Except as otherwise provided in sections 61 and 62 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is not issued on or before December 31, 2027.
(2) If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report is not issued on or before December 31, 2027, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on June 1, 2028. [2022 c.33 §63]
Sec. 64. Repeal of conditionally operative provisions.
Sections 59 and 62 of this 2022 Act are repealed on January 2, 2077. [2022 c.33 §64]
Note:
527.711 and 527.712 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.