reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0210 - Best Burn Practices; Emission Reduction Techniques

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Best burn practices" as used in this
			 rule refers to those practices designed to minimize emissions from prescribed
			 burning or accomplish burning at times and under such conditions as to minimize
			 the likelihood that emissions will have adverse effects to the air quality
			 maintenance or visibility objectives (OAR 629-048-0120  and 629-048-0130).
			 Additional practices not described in this rule may be necessary to ensure
			 against the escape of fire or protection of forest resources.
(2) In general, best burn practices involve
			 methods that ensure the most rapid and complete combustion of forest fuels
			 while nearby, "non-target" fuels are prevented from burning, such as:
(a) Physical separation of "target" and
			 "non-target" fuels;
(b) Burn
			 prescriptions, particularly for broadcast burns, that recognize and utilize the
			 natural differences in fuel moistures of larger and smaller pieces of woody
			 material; or
(c) Covering of piles
			 sufficient to facilitate ignition and complete combustion, and then burning
			 them at times of the year when all other fuels are damp, when it is raining or
			 there is snow on the ground.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0220 - Forecast Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There
			 are several concepts and procedural steps involved in accomplishing the Smoke
			 Management Plan objectives, designed to maximize opportunities for
			 accomplishing burning while minimizing the likelihood of public health effects
			 or visibility impairment in Class I Areas. The following sections of this rule
			 attempt to explain some of these concepts.
(2) The basic underlying mechanism in smoke
			 management is the use of an understanding of atmospheric dynamics and
			 combustion processes, in concert with current weather forecasts, to ensure that
			 the bulk of emissions from prescribed burning are transported to areas of low
			 or no adverse effect by:
(a) In the case of
			 broadcast or large pile burning, generating heat rapidly so that the fuel is
			 quickly consumed and emissions rise sufficiently above ground level to either:
(A) Become diluted and dispersed in the
			 atmosphere via transport winds to areas of minimal impact; or
(B) Mix with the moisture in clouds and fall
			 back to earth as precipitation; or
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0230 - Burn Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 any prescribed burning is initiated, burn bosses should have a well thought out
			 plan that takes into account:
(a) How weather
			 will be monitored and changes in conditions will be communicated;
(b) Resources needed and actions taken to
			 reduce pre-burn fuel loadings to minimize emissions.
(c) Resources necessary to accomplish
			 ignition and ignition sequences;
(d) Resources and methodology necessary to
			 contain and control the fire and prevent its escape, including communications
			 to access additional resources, if necessary; and
(e) The Smoke Management forecast and how the
			 burn will be conducted to minimize smoke entering SSRAs, other areas sensitive
			 to smoke, and other communities.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0300 - Registration of Intent to Burn

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 In all instances of prescribed burning on forestland within a forest protection
			 district, the operator, federal land manager, landowner, or timber owner must
			 first register with the forester all forestland that is intended to be burned.
			 For forestland subject to level 1 regulation, burn registration must be
			 completed at least seven days before the first day of ignition. Mandatory
			 registration of prescribed burning on forestland subject to level 2 regulation
			 is effective January 1, 2009.
(2)
			 The forester may waive the seven day waiting period required in section (1) of
			 this rule contingent upon the forester's approval of a burn plan or conditions
			 of federally prescribed fire policies having already been met.
(3) Information provided for burn
			 registration must be complete and recorded in a standard format approved by the
			 forester.
(4) No operator, federal
			 land management agency, landowner or timber owner shall be allowed to register
			 additional forestland for burning if payment for their previous registration or
			 burning, when required pursuant to OAR 629-048-0310, is more than 90 days past
			 due.
Stat. Auth: ORS
				  477.013,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973), 526.016, 526.041
Stats. Implemented: ORS
				  477.013,
				  477.515,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0310 - Fees for Prescribed Burning

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any prescribed burning on forestland subject to level 1 regulation (OAR
			 629-048-0100) requires payment of a non-refundable registration fee of
			 $.50/acre and upon accomplishment (see section (3) of this rule), a burn fee as
			 further described in sections (2), (3), (5), (6) and (8) below.
(2) Burn fees for all forms of prescribed
			 burning, including but not limited to, broadcast burning and burning of piles
			 (whether in-unit, on landings, or from rights-of-way) shall be assessed (where
			 required) against the total acres in the unit from which the forest fuels were
			 accumulated, as described in the burn registration.
(3) The first time that fire is applied to a
			 prescribed burn unit, regardless of actual accomplishment, payment of a burn
			 fee is required. Burn fees shall be charged according to the following
			 schedule:
(a) If the registration of planned
			 burning includes only landing or right-of-way piles, the burn fee shall be $.50
			 per acre registered. Subsequent attempts to improve accomplishment only in
			 landing or right-of-way piles in the same unit, in the same calendar year or
			 the two following calendar years, shall not incur additional fees.
(b) If the registration of planned burning
			 includes other than landing or right-of-way piles, the burn fee shall be $3.10
			 per acre registered. Subsequent attempts to improve accomplishment in any
			 portion of the same unit, in the same calendar year or the two following
			 calendar years, shall not incur additional fees.
(c) If the registration of planned burning
			 includes any combination of burn treatments that include landing or
			 right-of-way piles with broadcast or in-unit pile burning, the burn fee shall
			 be $2.60 per acre for each in-unit treatment registered upon the first attempt
			 of each treatment. Landing or right-of-way piles will be $.50 per acre
			 registered upon the first attempt to burn any of those piles. Subsequent
			 attempts to improve accomplishment in any portion of the same unit, in the same
			 calendar year or the two following calendar years, shall not incur additional
			 fees.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0320 - Reporting of Accomplishments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Accomplishment information for all prescribed burning that takes place on
			 forestland within the regulated area described in OAR 629-048-0100  must be
			 recorded in a manner that details the amount of burning each day and must be
			 reported to the department according to the schedule described below and in
			 standard formats prescribed by the forester.
(2) Prescribed burning on forestland subject
			 to Level 1 regulation must be reported the next business day following each
			 day's ignition as described in Department Directive 1-4-1-601, "Operational
			 Guidance for the Oregon Smoke Management Program, Appendix 1."
(3) Prescribed burning on forestland subject
			 to Level 2 regulation must be reported by the first business day of the week
			 following ignition as described in Department Directive 1-4-1-601, "Operational
			 Guidance for the Oregon Smoke Management Program, Appendix 1."
Appendices referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  477.013,
				  477.562  (as amended by ch. 213, OL 2007, Enrolled HB 2973), 526.016 &
				  526.041
Statutes/Other Implemented: ORS
				  477.013,
				  477.515,
				  477.562  (as amended by ch. 213, OL 2007 & Enrolled HB
				  2973)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0330 - Emission Inventories

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the emissions information collected from prescribed burning under
			 OAR 629-048-0320, the forester will annually estimate, using appropriate models
			 and the best available information on acres burned and fuel type, the emissions
			 produced by wildfires in Oregon. At a minimum, the forester will attempt to
			 collect information about wildfires that burn on forestlands within a forest
			 protection district.
(2) Emissions
			 information from prescribed burning and from wildfires will be maintained as
			 distinct inventories, in appropriate forms, for analysis and distribution to
			 improve the overall understanding of the relationships of wildfire versus
			 prescribed fire emissions.
(3) The
			 forester may include as much information on wildfires as may be readily
			 available from the various protection agencies and other cooperators, provided
			 that gathering of such information does not create an unfunded cost to the
			 smoke management program.
Stat. Auth: ORS
				  477.013,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973), 526.016, 526.041
Stats. Implemented: ORS
				  477.013,
				  477.515,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0400 - Coordination with Other Regulating Jurisdictions and for Other Pollutants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 meet the air quality maintenance and visibility objectives of the smoke
			 management plan (OAR 629-048-0120  and 629-048-0130), it is important that the
			 forester, field administrators and other cooperators be well informed as to the
			 existence of, or potential for smoke or other airborne pollutants other than
			 that which will be produced by any planned prescribed burning in the affected
			 airshed. Local field administrators are encouraged to maintain working
			 relationships with other local jurisdictions that authorize open burning or
			 monitor air quality so that all parties may be adequately informed of planned
			 burns or conditions that cumulatively might exceed standards or
			 objectives.
(2) The forester is
			 required to report the weather forecast, planned and accomplished burning and
			 smoke intrusions, if any, to the Department of Environmental Quality for each
			 applicable day, on a timely basis.
(3) Any wildfire that has the potential for
			 smoke input into an SSRA or other area sensitive to smoke must be reported
			 immediately by the local unit of the state or federal agency with jurisdiction
			 for fire suppression to the State Forester's office.
(4) The smoke management forecast unit will
			 communicate periodically with appropriate prescribed burning regulators in the
			 surrounding states for the purpose of coordination and information sharing, as
			 appropriate.
Stat. Auth: ORS
				  477.013,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973), 526.016, 526.041
Stats. Implemented: ORS
				  477.013,
				  477.515,
				  477.562 (as amended by ch. 213,
				  OL 2007, Enrolled HB 2973)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0450 - Periodic Evaluation and Adaptive Management

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department is responsible for
			 analysis and evaluation of the prescribed burning operations conducted under
			 the Smoke Management Plan.
(2)
			 Reports summarizing annual activities of the program shall be published by the
			 department addressing:
(a) The level of
			 burning activity;
(b) Smoke
			 intrusions and smoke incidents;
(c)
			 PM2.5 NAAQS exceedances caused by prescribed burning and actions taken to
			 prevent reoccurrence as described in OAR 629-048-0110(5).
(d) Accomplishment of alternatives to burning
			 and the use of emission reduction techniques;
(e) Evaluation of overall Smoke Management
			 Plan accomplishment;
(f) Evaluation
			 of adequacy of listed SSRAs and protection measures;
(g) Any other pertinent information related
			 to Smoke Management Plan evaluation and improvement; and
(h) Revenues generated from burn fees and
			 related Smoke Management Plan costs.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 48 - SMOKE MANAGEMENT › Section 629-048-0500 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Violations of
			 the Smoke Management Plan may be enforced either as violations of the fire
			 prevention statutes and rules (ORS
			 477.980 to
			 477.993) or as
			 violations of the forest practice rules (ORS
			 527.680 to
			 527.690,
			 527.990 to
			 527.992 and OAR
			 629-670).
(2)
(a) When, in the judgment of the forester, a
			 violation is related primarily to an act or omission that has caused or might
			 cause fire to burn uncontrolled, enforcement under the provisions of the fire
			 prevention statutes and rules is appropriate.
(b) When, in the judgment of the forester, a
			 violation is related primarily to an act or omission that has caused or might
			 cause deterioration of air quality, enforcement under the provisions of the
			 Forest Practices Act and rules (specifically, OAR 629-615-0300) is
			 appropriate.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 51 - FOREST INSECT AND DISEASE MANAGEMENT › Section 629-051-0210 - Management and Control Actions

Current through Register Vol. 63, No. 7, July 1, 2024
Planned activity to manage forest insects and diseases on
				private lands will be developed with the consent of the appropriate
				landowner(s). In the event that a landowner ignores an actual or threatened
				impact of a forest insect or disease which has been deemed a public nuisance,
				then the State Forester shall, as prescribed in ORS 527.310 - 527.400, plan,
				organize, direct, and carry out measures as may be necessary to control the
				problem.
Stat. Auth.: ORS 526 & ORS 527
Stats. Implemented: ORS 526.350 & ORS 527.310 - ORS
				  527.370
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 51 - FOREST INSECT AND DISEASE MANAGEMENT › Section 629-051-0220 - Costs of Control

Current through Register Vol. 63, No. 7, July 1, 2024
When suppression activities are necessary, the State Forester
				shall seek to offset the cost of control through contributed funds or labor
				from affected private landowners and any agency of state or federal government.
				When private landowners or governmental agencies have the ability and/or the
				authorities to expend monies and/or services in control programs, the state
				share shall not exceed 50 percent of the cost of control.
Stat. Auth.: ORS 526 & ORS 527
Stats. Implemented: ORS 526.350 & ORS 527.310 - ORS
				  527.370
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 51 - FOREST INSECT AND DISEASE MANAGEMENT › Section 629-051-0230 - Introduced Pests

Current through Register Vol. 63, No. 7, July 1, 2024
Introduced forest insects or diseases may present a serious
				threat to forest resources. In the event of introduction of a new forest insect
				or disease pest, the State Forester shall cooperate with other responsible
				federal and state agencies and private forest landowners to secure prompt,
				effective action to prevent the spread of the damage by the new pests. In the
				absence of action by other agencies the State Forester may employ such control
				measures as are approved by the State Board of Forestry
				policy.
Stat. Auth.: ORS 526 & ORS 527
Stats. Implemented: ORS 526.350 & ORS 527.310 - ORS
				  527.370
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 65 - STATE FORESTER'S RULES › Section 629-065-0200 - Duty of the State Forester to Appoint/Remove OFRI Members of the Board

Current through Register Vol. 63, No. 7, July 1, 2024
(1) It is the duty
			 of the State Forester to appoint fully qualified members to the Oregon Forest
			 Resources Institute Board of Directors as vacancies occur.
(2) The members of the board of directors of
			 the Oregon Forest Resources Institute shall be appointed for a term ending
			 three years from the date of the expiration of the term for which the member's
			 predecessor was appointed. If there is a vacancy on the board of a voting
			 member, other than a vacancy caused by expiration of a term, the State Forester
			 shall fill the vacancy for the remainder of the unexpired term with a person
			 who represents the same producer or landowner size class, as described in OAR
			 629-065-0210(1),
			 as the member whose term was vacated.
(3) The State Forester shall immediately
			 declare the office of any member of the board of directors vacant whenever the
			 member becomes a resident of another state or is unable to perform the duties
			 of office.
(4) The State Forester
			 may remove any member of the board of directors for neglect of duty or
			 misconduct in office. Prior to such removal the State Forester shall serve upon
			 such member a copy of the reasons for dismissal. Such member may request a
			 public hearing where the member shall be given an opportunity to be heard in
			 person or by counsel and shall be permitted to present evidence to answer and
			 explain the facts alleged.
(5) In
			 making the appointments, the State Forester shall take into consideration any
			 nominations or recommendations made to the State Forester by producers or
			 organizations that represent producers.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS
				  526.610(2)(a)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 65 - STATE FORESTER'S RULES › Section 629-065-0210 - Make Up of Board - Representation

Current through Register Vol. 63, No. 7, July 1, 2024
The board shall consist of 11 voting members plus two nonvoting
				members appointed as follows:
(1)
			 Three voting members to represent small producers of 20 million board feet or
			 less per year.
(2) Three voting
			 members to represent medium producers of more than 20 million board feet but
			 less than 100 million board feet per year.
(3) Three voting members to represent large
			 producers of 100 million board feet or more per year.
(4) One voting member who is an owner of
			 between 100 and 2,000 acres of forestland and who has no direct financial
			 interest in any forest products processing activity.
(5) One voting member who is an hourly wage
			 employee of a producer or a person who represents such employees. The member
			 appointed under this subsection need not comply with the requirements of ORS
			 526.615(3) to (6).
(6) Two
			 nonvoting members:
(a) The Dean of the College
			 of Forestry at Oregon State University.
(b) An individual jointly appointed by the
			 President of the Senate and the Speaker of the House of Representatives to
			 represent the public. The public representative may not be a member of or
			 significantly affiliated with any organization of or business in the timber
			 industry or any organization or business known to support or promote
			 environmental or conservation issues. A person appointed under this
			 subparagraph serves at the pleasure of the President of the Senate and the
			 Speaker of the House of Representatives.
(c) Members referred to in this subsection
			 are not subject to ORS 526.615 to 526.625.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 65 - STATE FORESTER'S RULES › Section 629-065-0220 - Qualifications

Current through Register Vol. 63, No. 7, July 1, 2024
Each voting member of the board of directors of the Oregon
				Forest Resources Institute shall have the following qualifications:
(1) Be a citizen of the United
			 States.
(2) Be a bona fide resident
			 of this state.
(3) Be a producer in
			 this state, an employee of such a producer or own between 100 and 2,000 acres
			 of forestland in this state on which harvest taxes are paid, but have no direct
			 financial interest in any forest products processing activity.
(4) Have been actively engaged in producing
			 forest products for a period of at least five years.
(5) Derive a substantial proportion of income
			 from the production of forest products.
(6) Have demonstrated, through membership in
			 producers' organizations or organizations representing landowners who meet the
			 requirements of ORS 526.610(4), a profound interest in the development of
			 Oregon's forest products industry.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
				  526.610(2)(a)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 65 - STATE FORESTER'S RULES › Section 629-065-0400 - Application for OFRI Board Member

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Forester shall annually solicit
			 applications for the OFRI board of directors. The solicitation shall be by
			 publication in a newspaper of general statewide circulation, by solicitation to
			 the OFRI Board of Directors and by solicitation to those producers'
			 organizations that request the State Forester to provide such notice.
(2) The State Forester shall supply
			 applications to all those requesting them. Applications must be submitted
			 during the nomination period specified by the State Forester in the
			 solicitation.
(3) The applicant
			 must certify in the application that he/she meets the qualifications for the
			 position, and has a written statement from a bona fide producer's organization
			 confirming membership, a letter of recommendation from a bona fide producer's
			 organization and provides information that demonstrates a profound interest in
			 the development of Oregon's forest products industry.
Stat. Auth.: ORS 526.016(4)
Stats. Implemented: ORS
				  526.610(2)(a)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 65 - STATE FORESTER'S RULES › Section 629-065-0410 - Appointment Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 appointing a member to the OFRI board, the State Forester shall furnish names
			 of all applicants to the State Forester to the current OFRI Board for their
			 review and comment.
(2) The State
			 Forester shall appoint the best qualified applications to fill vacant positions
			 with due consideration of comments provided by the current OFRI Board and in
			 consideration of the geographic diversity of Oregon's forests.
(3) Upon appointment, the State Forester
			 shall notify the appointees and other applicants of the results.
(4) The State Forester shall within 5 working
			 days of appointments send a certification letter to the Executive Director of
			 OFRI.
Stat. Authr: ORS 526.041
Stats. Implemented: ORS
				  526.610(2)(a)
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 160 - Oregon Secretary of State › Section 629-160-0000 - Administrative Rule Notification

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the
				Emergency Fire Cost Committee shall give notice of the proposed adoption,
				amendment, or repeal:
(1) In the
			 Secretary of State's Bulletin referred to in ORS
			 183.360 at least 21 days prior
			 to the effective date of the rule.
(2) By mailing or e-mailing a copy of the
			 notice to persons on the Emergency Fire Cost Committee's mailing list
			 established pursuant to ORS
			 183.335(8), at
			 least 28 days prior to the effective date of the rule.
(3) By e-mailing a copy of the notice to the
			 legislators specified in ORS
			 183.335(15) at
			 least 49 days prior to the effective date of the rule; and
(4) By mailing or e-mailing, or furnishing a
			 copy of the notice to the following persons, organizations, and publications at
			 least 28 days prior to the effective date:
(a) Oregon Forest Industries Council;
(b) Associated Oregon Loggers;
(c) Association of Oregon
			 Counties;
(d) Oregon Forest
			 Resource Institute;
(e) Oregon
			 Cattlemen's Association;
(f)
			 Oregon Farm Bureau Federation;
(g)
			 Oregon Sheep Growers Association;
(h) Oregon Small Woodlands Association;
(i) Oregon State Grange;
(j) Clackamas-Marion Forest
			 Protective Association;
(k) Coos
			 Forest Protective Association;
(l)
			 Douglas Forest Protective Association;
(m) East Oregon Forest Protective
			 Association;
(n) Eastern Lane
			 Forest Protective Association;
(o)
			 Klamath Forest Protective Association;
(p) Linn Forest Protective Association;
(q) Northwest Oregon Forest
			 Protective Association;
(r) Rogue
			 Forest Protective Association;
(s)
			 Walker Range Forest Protective Association;
(t) Western Lane Forest Protective
			 Association;
(u) West Oregon
			 Forest Protective Association;
(v)
			 Western Oregon Livestock Association;
(w) Governor's Office, Natural Resource
			 Advisor;
(x) Legislative Fiscal
			 Office;
(y) Oregon Department of
			 Administrative Services (Risk Management & BAM);
(z) Oregon Department of Revenue;
(aa) The Associated Press; and
(bb) The Capitol Press Room.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 160 - Oregon Secretary of State › Section 629-160-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341, the Emergency Fire Cost
				Committee adopts the Attorney General's Model Rules of Procedure, effective
				January 31, 2012.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460 &
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions set forth in ORS
				477.001 are made a part of this
				division by this reference; and the following definitions also apply:
(1) "Administrator" means a staff member of
			 the State Forestry Department designated by the State Forester to act as
			 secretary of the committee and to carry out the provisions of ORS
			 477.440 to
			 477.460 in such manner as the
			 committee shall direct.
(2)
			 "Committee" means the Emergency Fire Cost Committee established pursuant to ORS
			 477.440.
(3) "District" means a forest protection
			 district pursuant to ORS
			 477.225.
(4) "Emergency fire" means a fire that due to
			 the specific circumstances of the fire, requires more suppression resources to
			 control and extinguish than the district can reasonably provide within the
			 approved district budget, based on declared fire season resource levels,
			 whether or not the fire occurs during a declared fire season (see also OAR
			 629-165-0005).
(5) "Emergency fire
			 suppression costs" means those fire suppression costs attributable to an
			 emergency fire that exceed:
(a) The costs of
			 the fire suppression response provided by the approved district budget as
			 further described in OAR 629-165-0005; and
(b) An additional per fire or per day cost of
			 suppression further defined in OAR 629-165-0010.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0005 - Emergency Fires

Current through Register Vol. 63, No. 7, July 1, 2024
As defined in OAR 629-165-0000(4), an emergency fire is a fire
				that due to the specific circumstances of the fire, requires more suppression
				resources to control and extinguish the fire than the district can reasonably
				provide within the approved district budget based on declared fire season
				resource levels, whether or not the fire occurs during a declared fire season.
				The following are examples of emergency fires:
(1) A fire occurs in August, when the
			 district is at full strength. The pre-planned dispatch for the fire at this
			 time and place (as an example) specifies two engines, six persons and a
			 district dozer. If these forces are inadequate to suppress the fire and
			 additional forces must be hired, it becomes an emergency fire;
(2) If a fire in the same location as in
			 section (1) occurs in February, when the readiness resources are substantially
			 less, the district must still suppress the fire. Hired resources from
			 cooperators will normally be used to supplement limited district resources. The
			 fire becomes an emergency fire when hired and regular district resources exceed
			 the resources equivalent to the fire season pre-planned dispatch of two
			 engines, six persons and a dozer;
(3) An emergency fire situation may occur
			 when there are multiple fires in a district, even though none of the fires
			 individually have exceeded the planned dispatch level, if the total effort of
			 all the fires exceeds the district's budgeted resource level. This situation
			 most frequently occurs during and after widespread lightning events. Additional
			 resources, hired to supplement regular forces in the described multiple fire
			 situation, are emergency fire resources eligible for payment from the
			 OFLPF.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460 &
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0010 - Additional Amount Not Considered Emergency Fire Suppression Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 OAR 629-165-0005, it is a policy of the committee that a district is expected
			 to pay an amount of fire suppression costs in addition to the pre-planned
			 dispatch, before any costs are considered emergency fire suppression costs.
			 This additional amount in most cases will be $25,000 per day or per fire as
			 follows:
(a) If multiple fires occur on the
			 same day within a district, only one additional amount of $25,000 may be
			 applied to the sum of the costs of all the fires that began on that day.
(b) If any individual fire or
			 group of fires that began on the same day (or from the same lightning storm
			 that continues into a second day, at the discretion of the committee) burns
			 past midnight, or the suppression action continues for multiple days, only one
			 additional amount of $25,000 may be applied to the sum of the costs of those
			 fires.
(c) If one fire or a group
			 of fires begin on one day and suppression action continues for multiple days,
			 and then a new fire or group of fires begin on a different day, an additional
			 amount of $25,000 may be applied to each day that new fires are ignited.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0100 - Deductible Amount per Acre

Current through Register Vol. 63, No. 7, July 1, 2024
Emergency fire suppression costs are subject to a deductible
				amount based on protected acres in the district. The committee shall establish
				the deductible amount for each district on or before January 15 of each year.
				The deductible amount shall be an amount for each acre covered by the timber
				budget and an amount for each acre covered by the grazing budget established
				under ORS 477.230, but may not exceed the
				limit established under 477. 770.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460&
				  477.750 -
				  477.775
Fund
				  Balances
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0200 - Unencumbered Balance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 477.760(1)
			 requires the committee, on or about the last day of February of each year, to
			 meet and determine the unencumbered balance of the fund as of February 16 of
			 the same year.
(2) The meeting to
			 determine the unencumbered balance will normally occur at the regularly
			 scheduled meeting of the committee prior to the Board of Forestry meeting in
			 early March.
(3) The unencumbered
			 balance of the fund shall be calculated as the actual cash balance in the state
			 treasury on February 16; less the best available estimate of eligible
			 suppression cost claims for fires occurring before February 16, but not yet
			 paid; less estimated administrative expenses through February 16, but not yet
			 paid; less any other anticipated payments known to the committee at that time
			 due for expenses committed prior to February 16, but not yet paid.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460 &
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0210 - Transfer of Funds from State Treasurer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 477.760(2), the
			 committee is authorized to request a transfer of funds from the State Treasurer
			 to the OFLPF at any time and in any amount that does not cause the fund to
			 exceed the reserve base specified in ORS
			 477.760(1).
(2) To minimize the effect of
			 repayment of transfers on the landowner community, it is the committee's intent
			 that the amount of transfer requested should be limited to an amount by which
			 known and anticipated claims will exceed the sum of the cash balance in the
			 fund and the anticipated revenues for the remainder of the fiscal year.
(3) If the monies in the OFLPF are
			 inadequate to ensure repayment of the transfer and the interest thereon, the
			 State Forester must increase the assessments, surcharge and harvest tax in
			 equal proportions for the ensuing fiscal and calendar years, respectively,
			 adequate to make repayment of the transfer:
(a) The increase in assessments in the next
			 fiscal year will apply to:
(A) The surcharge
			 on improved lots referred to in ORS
			 477.277;
(B) The OFLPF portion of the minimum
			 assessment referred to in ORS
			 477.295; and
(C) The acreage assessments referred to in
			 ORS 477.880.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0300 - Evidence of Necessity

Current through Register Vol. 63, No. 7, July 1, 2024
When payment is claimed from the fund for emergency fire
				suppression costs incurred on a fire where an owner, operator or other person
				has an obligation to pay those costs pursuant to ORS
				477.068,
				477.085 or
				477.120, the district warden
				must provide evidence to the administrator supporting the necessity of
				advancing payment, pending ultimate resolution. Evidence which may be
				acceptable to the administrator must include, but is not limited to:
(1) A statement signed by the district warden
			 stating the entity responsible for fire suppression costs has refused to accept
			 responsibility or is unable to pay fire costs;
(2) A notification to the administrator that
			 fire cost recovery proceedings have been initiated against an owner, operator
			 or other person that has an obligation to pay fire suppression costs;
(3) A statement from an authorized
			 State Forester's staff member or by an assistant attorney general that fire
			 suppression costs are deemed uncollectible. This statement must include the
			 reason for the decision; or
(4) A
			 statement by a district warden that recovery of fire costs appears to be
			 assured, but delays in the recovery process will make it necessary to support
			 the district's financial resources until costs can be processed, the
			 responsible party is billed and payment is received.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460&
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0305 - Qualifications for Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator must pay only those emergency fire suppression costs as described
			 in this rule, incurred by a district during the fiscal year, if the district
			 has first expended for similar or other emergency fire suppression costs the
			 deductible amount described in OAR 629-165-0100.
(2) When a fire originates in one fiscal year
			 and continues burning in a subsequent fiscal year, all emergency fire
			 suppression costs for that fire shall be included in the expenditures for the
			 year in which the fire started.
(3) Emergency fire suppression costs eligible
			 for payment by the OFLPF include, but are not limited to labor, services,
			 transportation, supplies, reconditioning and rental equipment, and expenses
			 incurred for the recovery of fire suppression costs.
(4) Emergency fire suppression costs, where
			 applicable, are based on the wage rates and equipment rental rates approved by
			 the State Forester.
(5)
			 Notwithstanding section (3) of this rule, the committee may further limit
			 qualifying emergency fire suppression costs, by publishing its qualifications
			 in a form readily available to the districts, prior to the beginning of the
			 fiscal year in which expenses are incurred.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460&
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0310 - Payments for Fire Suppression Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The administrator must pay to any
			 district an amount from the fund equal to the emergency fire suppression costs
			 such district has qualified for under OAR 629-165-305. The payment shall be 100
			 percent of the itemized certified costs unless otherwise determined by the
			 committee.
(2) In the event the
			 administrator makes a payment under section (1) of this rule that is less than
			 100 percent of the itemized and certified emergency fire suppression costs,
			 final payment must not be made until all emergency fire suppression cost claims
			 against the fund have been submitted for the subject fiscal year.
(3) Each payment under section (1) of this
			 rule is a conditional payment until:
(a) All
			 emergency fire suppression cost claims against the fund have been submitted for
			 the subject fiscal year;
(b) The
			 administrator has audited the claims; and
(c) The committee has approved the audited
			 claims.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0315 - Collection - Approval

Current through Register Vol. 63, No. 7, July 1, 2024
If a district warden or other representative of the State
				Forester initiates collection of fire suppression costs from a responsible
				party under ORS 477.068477.085 or
				477.120, prior to acceptance of
				any payment for such suppression costs, the district warden or forester must
				first secure the approval of the administrator, if:
(1) Such fire suppression costs include
			 moneys which have been advanced by the administrator to a district from the
			 fund;
(2) Such settlement will
			 affect the amount otherwise payable from the fund to a district; or
(3) Such settlement will affect the amount
			 otherwise reimbursable by a district to the fund.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460&
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 165 - OREGON FOREST LAND PROTECTION FUND › Section 629-165-0320 - Reimbursement to Account

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever a district or the forester receives payment pursuant
				to ORS 477.068,
				477.085 or
				477.120, the district shall
				retain an amount equal to the emergency fire suppression costs not paid by the
				administrator from the OFLPF, but eligible for payment, and reimburse the fund
				with the remainder, if any. Any such reimbursement shall in no event exceed the
				amount paid by the respondent.
Stat. Auth.: ORS 321, 477 &
				  477.770
Stats. Implemented: ORS
				  183.335,
				  183.341,
				  477.440 -
				  477.460&
				  477.750 -
				  477.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0001 - Title, Scope and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 OAR 629-170-0001  through 629-170-0040  are known as the Firefighter Criminal
			 Defense Expenditure rules.
(2) As
			 provided in ORS 477.128, the scope of this
			 division is limited to firefighters employed by the State Forestry Department
			 or a forest protective association. This division does not apply to
			 firefighting contractors or their employees; employees or members of rangeland
			 protection associations; or other cooperating individuals, companies, agencies
			 or their employees; even if they conducted fire suppression activities under
			 the direction of the forester; except that it may apply to employees of other
			 jurisdictions that are members of the Northwest Wildland Fire Protection
			 Agreement pursuant to ORS
			 477.200, Article VI.
(3) The procedures described in this division
			 shall apply to any circumstance where criminal charges result from fire
			 suppression actions alleged to have occurred on or since January 1, 2012;
			 effective July 1, 2016.
Stat. Auth.: ORS
				  526.041
Stats. Implemented: ORS
				  477.128
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Terms used in
			 OAR chapter 629, division 170 have the meaning given in ORS
			 477.001.
(2) In addition, as used in this division,
(a) "Firefighter" means an employee of the
			 State Forestry Department or of a forest protective association, employed at
			 the time of the alleged incident, whose duties included the abatement of
			 uncontrolled fire as described in ORS
			 477.064.
(b) "Fire suppression activities", "fire
			 suppression actions" or "fire abatement duties" mean any of the myriad actions
			 carried out as responsibilities of employees of the State Forestry Department
			 or forest protective associations relating to suppressing fire including, but
			 not limited to, attacking fires by building line or spraying water, using fire
			 to burn out control lines or back fire, operating firefighting equipment,
			 directing or planning the attack, operating or directing aircraft, dispatching
			 resources and supporting firefighters logistical needs.
(c) "Under the direction and control of the
			 forester" means and includes, in addition to fire suppression activities on
			 lands provided fire protection directly by the State Forester pursuant to ORS
			 477.210(4) and
			 (5), any firefighter assignments to fire
			 suppression activities authorized by the forester pursuant to agreements with
			 cooperating fire protection jurisdictions authorized under ORS
			 477.200 or
			 477.406.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 629-170-0001  through 629-170-0040  are intended to provide procedures to guide
			 the exercise of authority granted in ORS
			 477.128 for the State Forestry
			 Department to pay costs and reasonable attorney fees for defense of a
			 firefighter charged with a crime resulting from actions or omissions occurring
			 in the course of fire abatement duties.
(2) Moreover, these rules and ORS
			 477.128 are intended to
			 demonstrate to agency and association personnel that, if they make a dedicated
			 effort to train and gain the critical experience required to be placed in
			 positions of authority for fire suppression activities, and carry out their
			 responsibilities in a conscientious manner, the department will support and
			 assist in defending them.
Stat. Auth.: ORS
				  526.041
Stats. Implemented: ORS
				  477.128
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0015 - Request for Reimbursement of Defense Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to any consideration by the State
			 Forester to authorize expenditures under ORS
			 477.128, at the earliest
			 practicable time after the firefighter reasonably suspects or has been informed
			 of criminal charges being sought against the firefighter, the firefighter must
			 make a written request to the State Forester.
(2) The request in section (1) above must:
(a) Seek a determination by the State
			 Forester as to the eligibility of the firefighter for expenditures related to
			 costs and reasonable attorney fees to defend against criminal charges in a
			 specific instance; and
(b) Provide
			 a description of the events leading to the possibility of criminal prosecution
			 with sufficient specificity to allow the State Forester to initiate an
			 investigation of those events.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 170 - FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES › Section 629-170-0020 - State Forester's Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a request pursuant to OAR
			 629-170-0015, the State Forester may initiate an investigation into the events
			 and circumstances leading to criminal charges against a firefighter.
(2) The State Forester's investigation must
			 be focused on answering the following questions:
(a) At the time of the alleged actions
			 underlying the charge, was the firefighter performing fire suppression
			 activities under the direction and control of the forester?
(b) Did the alleged actions underlying the
			 charge actually occur, and if so, were they directly related to the
			 firefighter's duties or performance of fire suppression activities?
(c) Were the alleged actions of the
			 firefighter within the range of reasonable fire suppression actions?