reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Improving fish
			 and wildlife habitat and water quality cannot succeed through laws and
			 government actions alone. These rules implement ORS
			 541.973 which reflects and
			 depends upon Oregonians characteristic spirit of volunteerism and stewardship.
			 The rules provide the means for the Departments of Forestry and Agriculture to
			 implement a voluntary and flexible conservation incentives program that
			 recognizes and rewards agricultural, forest, and other landowners who choose to
			 exceed regulatory criteria for conservation, restoration, and improvement of
			 fish and wildlife habitat or water quality while managing land to meet their
			 objectives. Stewardship agreements will be long-term and consider conservation
			 from a property wide perspective, rather than at the scale of single localized
			 projects.
(2) This program provides
			 incentives for landowners who meet and exceed regulatory requirements to
			 achieve conservation. Regulatory requirements are continually reviewed and
			 revised in the face of new scientific information and changing social values.
			 As such, the relevant habitat and water quality statutes provide the means to
			 evaluate whether a landowner is meeting and exceeding regulatory
			 criteria.
(3) For lands and
			 activities falling under the Oregon Forest Practices Act, the purpose of the
			 stewardship agreement program is also to more efficiently implement the
			 provisions of the Act as a voluntary alternative to traditional mechanisms of
			 forest operation planning, review, inspection, and enforcement.
(4) The stewardship agreement program will
			 recognize other relevant landowner efforts, such as forest or agricultural
			 certification and habitat conservation plans, which have been developed by
			 landowners to meet their management objectives, as components that partially or
			 fully qualify a landowner for a stewardship agreement.
(5) The stewardship agreement program may not
			 meet the objectives of all landowners. Landowners who choose not to enter into
			 stewardship agreements, although they may be qualified to do so, are not
			 considered less protective of resources than those landowners who choose to
			 enter into stewardship agreements.
(6) Voluntary conservation, restoration, and
			 improvement of fish and wildlife habitat or water quality depends on effective
			 partnerships with other parties. The stewardship agreement program seeks to
			 develop and support cooperative and collaborative partnerships with federal,
			 state, and local agencies and with private conservation and landowner
			 organizations.
Statutory/Other Authority: ORS
				  541.973 & 526
Statutes/Other Implemented: ORS
				  541.973
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0200 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 629-021-0100  through
				629-021-1100.
(1) "Landowner" means
			 the owner identified in the management plan and any agent or consultant
			 authorized by the owner to implement the management plan.
(2) "Stewardship agreement" means a written
			 agreement between the landowner and the Department(s) that ensures the
			 implementation of a management plan meeting the intent of ORS
			 541.973.
(3) "Management plan" means a written,
			 multi-resource strategy for a particular tract of farm, forest, or other land,
			 describing how the landowner will manage the land under consideration for a
			 stewardship agreement to meet the intent of ORS
			 541.973 as laid out in OAR
			 629-021-0100  to 1100.
(4)
			 "Department(s)" refers to the Oregon Department of Forestry and/or the Oregon
			 Department of Agriculture.
(5)
			 "Inventory" means describing elements of land uses, such as pasture, crop land,
			 timber land, habitat, and other natural features, but not information that is
			 proprietary or sensitive to landowner financial interests.
(6) "Pesticides" include but are not limited
			 to herbicides, insecticides, fungicides, and rodenticides. Pesticides are
			 regulated under the Oregon Pesticide Control Law (ORS 634) and the Oregon
			 Pesticide Regulations (OAR 603-057).
(7) "Conservation" means the management of
			 land, water, and natural resources for the purpose of meeting human and
			 ecological needs in a sustainable manner.
Statutory/Other Authority: ORS
				  541.973 & 526
Statutes/Other Implemented: ORS
				  541.973
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0300 - Stewardship Agreement Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowner must submit a written
			 application on a form provided by the Departments. Information required
			 includes:
(a) Name, contact information,
			 property location, total acres, county, etc.
(b) Name of watershed the property is located
			 in.
(c) Map and description of
			 property, land uses, habitats, and water features (this does not need to
			 include detailed or sensitive information about economic uses of property; the
			 purpose is to know property boundaries, what habitats are present, and the
			 general land use context.
(d)
			 Name(s) of plans and programs landowner is implementing or participating in (if
			 any) and how they contribute to meeting the criteria in 629-021-0500, including
			 a copy of current certification (if any) or other conservation
			 agreements.
(e) Identification of
			 state, regional, and local conservation goals that the stewardship agreement is
			 implementing.
(f) Description of
			 conservation efforts for fish, wildlife, and water quality that are being used
			 or are proposed.
(g) Identify
			 management plan subject to the application review and subsequent
			 audits.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0400 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications
			 will be reviewed jointly by the Departments.
(2) Application review will include a review
			 of the past record of compliance with applicable laws and regulations regarding
			 land use and management.
(3) The
			 Departments will accept applications at any time and will review applications
			 in a reasonable time, normally within 90 days.
(4) For applications covering lands in both
			 agriculture and forest use, the Departments will designate one of the
			 Departments to be the primary contact for development of the agreement, with
			 both Departments approving the agreement.
(5) The Department(s) will consult with
			 appropriate state and federal agencies and other conservation partners
			 regarding potential issues related to their responsibilities and
			 expertise.
(6) The Department(s)
			 and landowner will work jointly to develop a draft stewardship agreement. This
			 will include a site visit with the landowner.
Stat. Auth.: ORS
				  541.423, 526
Stats. Implemented: ORS
				  541.423
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0500 - Criteria to Evaluate Adequacy of a Landowner Management Plan To Meet Purpose of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The management
			 plan will include provisions to protect or conserve fish and wildlife habitat,
			 water resources, and soil resources appropriate to the property and consistent
			 with landowner objectives.
(2) The
			 management plan will be reviewed against the following criteria (a-c) to
			 determine whether the landowner is implementing management actions that exceed
			 regulatory requirements for the conservation, restoration, and improvement of
			 fish and wildlife habitat or water quality.
(a) Management actions to conserve, restore,
			 and improve fish and wildlife habitat:
(A)
			 Specific conservation goals for fish and wildlife habitat are
			 established.
(B) Alignment with
			 Oregon's 'Comprehensive Wildlife Conservation Strategy', an adopted subbasin
			 plan, and/or other watershed or landscape-scale conservation plan is
			 demonstrated.
(C) Invasive species
			 are identified, controlled, and where possible, eliminated.
(D) Threatened, endangered, and at-risk
			 species and associated habitats are protected, enhanced, or restored.
(E) Food, water, and shelter components of
			 habitat for fish and wildlife are provided (e.g. snags, nesting trees, downed
			 wood, side-channels, bat/bird/bee boxes hedgerows, field edges,
			 etc.).
(F) Crop selection and/or
			 management accommodates fish and wildlife habitat needs.
(G) Native habitat is restored and enhanced,
			 consistent with historic vegetative patterns. Restoration includes diverse
			 native species, structure, and age of vegetation appropriate to the site and
			 its regional context.
(H) Special
			 consideration is given to native habitats known to be uncommon, rare or at risk
			 (i.e. prairie, oak woodland, bottomland hardwood forest).
(I) Natural hydrology is restored to provide
			 habitat for native fish and other aquatic species.
(J) Where feasible, natural disturbance
			 processes like fire and flooding are allowed to function.
(K) Road disturbances to fish and wildlife
			 habitat are minimized.
(L) Fish
			 passage limitations are addressed.
(M) Water diversions are screened or
			 otherwise managed to provide fish passage and prevent entrapment.
(N) Water withdrawals are managed to enhance
			 the needs of fish and wildlife habitat.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0600 - Stewardship Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agreement will include the landowner's commitment to:
(a) Implement the activities and monitoring
			 identified in this agreement for enhancing conservation, restoration, and
			 improvement of fish and wildlife habitat or water quality.
(b) Comply with and manage beyond relevant
			 habitat and water quality rules and statutes.
(c) Allow audits and assist with the process,
			 as appropriate.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0700 - Decision Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State
			 Forester is delegated full authority by the Board of Forestry to implement the
			 provisions of ORS 541.973 and
			 527.736(4),
			 including but not limited to review of management plans and preparation and
			 approval of stewardship agreements.
(2) Prior to approving a stewardship
			 agreement, the Departments will provide public notice and 21 days for comment
			 on the proposed agreement.
(3) When
			 the Departments determine that comments from the review process are adequately
			 addressed, the stewardship agreement will be approved.
(4) The Departments will give notice of
			 approval, termination, and revisions of a stewardship agreement to each other,
			 to the Oregon Department of Fish and Wildlife, and to the Oregon Watershed
			 Enhancement Board.
(5) If the
			 management plan includes potential chemical application operations related to
			 forest operations, the State Forester will give notice of approval of a
			 stewardship agreement to:
(a) Any person with
			 surface water rights pursuant to ORS Chapter 537 who, under the provisions of
			 527.670(6), has previously requested in writing from the State Forester copies
			 of notifications and written plans for chemical application operations within
			 ten upstream miles of the water right location; and
(b) The community water system manager of any
			 community water system where the surface water drainage area upstream of the
			 intake is 100 square miles or less and the management plan includes potential
			 aerial chemical application operations within 100 feet, or ground-based
			 chemical application operations within 50 feet, of the Type D or domestic use
			 portions of Type F streams that provide water used by the community water
			 system.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0800 - Stewardship Agreement Audits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department(s) will conduct periodic audits with the landowner on lands under a
			 stewardship agreement.
(2) The
			 landowner will provide authorization for the Department (or its designated
			 agent) that is party to the stewardship agreement to conduct periodic audits on
			 lands subject to the stewardship agreement to determine whether the management
			 plan is being implemented and whether the stewardship agreement should be
			 continued, revised, or discontinued.
(3) For the purpose of the stewardship
			 agreement rules, an audit means a review of land management and resource sites
			 identified in the stewardship agreement to determine if the terms and
			 conditions of the stewardship agreement are being met.
(4) The frequency and the number of audits
			 may vary based on the Departments' evaluation of the relative complexity of the
			 management plan, the terms of the stewardship agreement, or the performance
			 observed during previous audits.
(5) Audits will be conducted at least once
			 every three years. Landowners may request additional audits to help them assess
			 their performance under the stewardship agreement or to provide an annual
			 government certification of their operation.
(6) The Departments will provide an audit
			 report to the landowner within a reasonable period, normally 45 days, with
			 recommendations for needed revisions to the stewardship agreement.
Stat. Auth.: ORS
				  541.423, 526
Stats. Implemented: ORS
				  541.423
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-0900 - Revising Stewardship Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The landowner and the Departments will
			 cooperatively revise the stewardship agreement if:
(a) The landowner requests a
			 revision;
(b) An audit report
			 recommends revising the stewardship agreement;
(c) Any portion of the land changes ownership
			 resulting in that land being removed from the stewardship agreement as per
			 629-021-1000(3).
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-1000 - Terminating Stewardship Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The appropriate Department will issue a
			 written notice to terminate a stewardship agreement when:
(a) The landowner is negligent in meeting the
			 terms of the stewardship agreement;
(b) The landowner willfully disregards the
			 terms of the stewardship agreement; or
(c) The State Forester or Department of
			 Agriculture and landowner fail to reach agreement about revisions required
			 under OAR 629-021-0900  within a reasonable period, normally 45 days.
(d) Failure to comply with Federal
			 environmental laws could be criteria for terminating or suspending a
			 stewardship agreement.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 21 - STEWARDSHIP AGREEMENTS › Section 629-021-1100 - Periodic Review of Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An interagency review of the Departments' implementation of the stewardship
			 agreement program will be produced biennially, and presented to the Board of
			 Forestry and Board of Agriculture. This report will include:
(a) A description of the agreements
			 approved
(b) Areas of concern
			 regarding implementation of the program
(c) A review of the coordination between the
			 two Departments
(d) Recommendations
			 to revise or modify the program
(e)
			 A review of program effectiveness for enhancing fish and wildlife habitat and
			 water quality.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0030 - Purpose and Trust Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Forest Resource Trust programs provide
			 financial, technical and related assistance to nonindustrial private and other
			 qualified private and local government Forestland owners to establish Forest
			 Stands and improve management of Forestlands for Timber production, fish and
			 wildlife, water quality and other environmental purposes.
(2) The Board of Forestry is responsible for
			 the management of the Forest Resource Trust program. The State Forester is
			 responsible for implementing the Trust program and policies adopted by the
			 Board of Forestry.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0035 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Provisions in
			 OAR
			 629-022-0030  through
			 629-022-0120  apply to both the loan and cost share programs of the Forest Resource
			 Trust.
(2) Provisions in OAR
			 629-022-00130 through
			 629-022-0410  apply only to the loan program of the Forest Resource Trust.
(3) Provisions in OAR
			 629-022-0800  through
			 629-022-0850  apply only to the cost share program of the Forest Resource Trust.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0050 - Project Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester must use the following criteria to evaluate
				and approve proposed Projects:
(1) The
			 highest priority Projects are those favoring:
(a) Landowners with existing Loan Program
			 Contracts or cost-share Practice plans in good standing that request additional
			 funds to ensure that their Forest Stands reach Free To Grow, remain Adequately
			 Stocked or otherwise remain in an improved forest management
			 condition;
(b) Lands with a written
			 forest management plan that encompasses the eligible land and has been created
			 or updated within the last 5 years;
(c) Environmental Restoration or other
			 Approved Practices consistent with conservation plans or strategies adopted by
			 the Oregon Department of Fish and Wildlife;
(d) Landowners who contribute funds, labor,
			 equipment and material; and
(e)
			 Lands covered by a Stewardship Agreement as defined in ORS
			 541.423.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0060 - Donations to the Trust Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any individual, partnership, corporation, organization or government agency may
			 contribute funds to the Trust fund.
(2) At the request of the donor, contributed
			 funds may be targeted by the State Forester for either the loan or cost-share
			 program and for specific Practices or Environmental Restoration in specific
			 watersheds, counties or regions of Oregon.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0070 - Carbon Offsets

Current through Register Vol. 63, No. 7, July 1, 2024
In consideration of the benefits received through Forest
				Resource Trust programs, the State Forester may establish an interest in the
				rights to Carbon Offsets accruing to the Forest Stand through Loan Program
				Contracts or other instruments established in ORS 526.780, provided such action
				by the State Forester does not interfere with or affect the Harvest and sale of
				Forest Products by the Landowner.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0080 - State Forester Exceptions to these Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The State Forester may issue an exception to these rules so as
				to approve Projects that:
(1) Assist a
			 Landowner in meeting reforestation obligations under OAR
			 629-610-0070  where such approval will lead to the establishment of a Forest Stand that the
			 Landowner agrees to manage above the reforestation stocking standards in the
			 Forest Practices Act and in 629-610-020 or as otherwise specified in the Loan
			 Program Contract, until the conditions in
			 629-022-0250,
			 Life of the Contract, are met.
(2)
			 Contain an Environmental Restoration that results in a non-forest native
			 vegetation habitat condition (e.g., oak savanna) important to and consistent
			 with conservation plans or strategies adopted by the Oregon Department of Fish
			 and Wildlife.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0110 - Eligible Landowners and Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Only Nonindustrial Private Forestland owners with less than 5,000 acres of
			 Forestland or up to 15,000 acres of Low Site Forestland in Oregon are eligible
			 to receive funds under the cost-share program.
(2) Nonindustrial private and other qualified
			 private and local government Forestland owners are eligible to receive funds
			 under the loan program.
(3)
			 Eligible Forestland must be Underproducing Forestland or other Forestland that
			 is:
(a) At least 10 contiguous acres in
			 size;
(b) Identified in the county
			 comprehensive plan as forest, farm or conservation use;
(c) Located outside urban growth boundaries
			 or residential zones, as identified in the county comprehensive plan;
(d) Free from all obligations under the
			 Forest Practices Act;
(e) Free of
			 any "no tree cutting" or "no timber harvest" covenants or
			 encumbrances;
(f) Under no current
			 petition before a county requesting a land use change to avoid reforestation
			 under ORS 527.760; and
(g)
			 Currently under no application for a claim for, or has received, economic
			 compensation for or waiver from Forestland zoning restrictions or requirements
			 of the Oregon Forest Practices Act.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0120 - Applying for Trust Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 Person may apply for Trust funds, certifying on an application provided by the
			 State Forester that:
(a) Both the lands and
			 the Person meet the requirements of OAR
			 629-022-0110;
			 and
(b) The Person requests a
			 suspension of the reforestation requirements under OAR
			 629-610-0070  when a proposed Project includes the Harvest of Forest Products.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0130 - Project Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Landowner
			 meeting the requirements of
			 629-022-0110  and
			 629-022-0120  must submit a Project plan.
(2) A
			 Landowner may receive technical assistance to develop the Project plan from the
			 State Forester, other cooperating state or federal agencies, or a Resource
			 Management Professional.
(3) The
			 Project plan must include:
(a) Practices and
			 Approved Consulting Services necessary to accomplish stand establishment on
			 eligible Underproducing Forestlands or the improved management of eligible
			 Forestland;
(b) A Project map or
			 maps delineating the Project boundary on at an aerial photo and also showing a
			 legend, scale, north arrow, property boundary, topography, location of
			 Practices, acres, and where applicable to the Approved Practices in the Project
			 plan, vegetative cover types, soil types within the Project boundary, existing
			 or proposed roads, and sensitive resource sites or streams that are protected
			 by the Forest Practices Act; and
(c) A description of Environmental
			 Restoration planned within the Project boundary and the source of funding for
			 the Practices.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0140 - Approval of a Proposed Project

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The State Forester must use the
			 information in the Landowner's Project plan, described in OAR
			 629-022-0130, in a
			 point rating system based on the Project criteria in
			 629-022-0050, to
			 select Projects for funding, subject to the requirements of
			 629-022-0150.
(2) When a Project is selected for funding,
			 the State Forester must approve all Practices, Environmental Restoration,
			 consulting services and Budgeted Costs described in the Project plan in OAR
			 629-022-0130(3), (4) and
			 (5). Budgeted Costs and fees are subject to
			 the limitations in
			 629-022-0220  and
			 629-022-0230.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0150 - The Trust Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Landowner
			 receiving Project approval for Trust funding under the loan program must
			 execute a Loan Program Contract with the State Forester.
(2) The Loan Program Contract must include:
(a) An approved Project plan;
(b) Financial agreements for repayment of
			 Trust funds under OAR
			 629-022-0300  through
			 629-022-0410;
			 and
(c) A security instrument, if
			 required by the State Forester, described in OAR
			 629-022-0160.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0160 - Trust Security Instrument

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Landowner may be required by the State Forester to provide good and
			 sufficient collateral to secure repayment of all funds paid to the Landowner
			 from the Trust.
(2) Collateral must
			 be in the form of a a general lien upon all Forest Products grown or growing
			 within the Project boundary or boundaries and proceeds derived therefrom as
			 specified in ORS 526.740.
(3) Costs
			 and fees related to the collateral and the security instrument, such as title
			 policy premiums and escrow fees, must be paid from Trust funds but may not be
			 used to determine final payback amounts described in OAR
			 629-022-0300  through
			 629-022-0320. These
			 costs and fees are subject to repayment following a breach of
			 contract.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0200 - Implementing the Project Plan; Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Landowner must implement the
			 Practices in the Project plan and notify the State Forester when an Approved
			 Practice or an Approved Consulting Service, or a part of a Practice or service,
			 described in the Project plan is complete.
(2) To request a Direct Cost Payment, the
			 Landowner must submit written invoices for the Incurred Cost of the completed
			 Practice or consulting service notified in section (1) of this rule.
(3) The State Forester must disburse Trust
			 funds to the land owner as Direct Cost Payments when the State Forester
			 certifies that a Practice is complete to the specifications and within the
			 Budgeted Costs approved in the Project plan in OAR
			 629-022-0140.
(4) Actual Trust costs must be used to
			 determine final payback amounts described in OAR
			 629-022-0300  through
			 629-022-0320.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0210 - Landowner Obligations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Landowner must:
(a) Complete all Project
			 Practices described in the Project plan;
(b) Manage the Forest Stand in an Adequately
			 Stocked and Free To Grow condition, as defined in OAR
			 629-022-0390;
(c) Comply with forest Practices standards
			 required by state and federal law except for planting standards, which may be
			 more than the required state minimums;
(d) Report any adverse changes in the
			 condition of the Forest Stand to the State Forester; and
(e) Notify the State Forester before
			 commencing any forest Operations.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0220 - Project Rates and Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Costs
			 for Approved Practices or Approved Consulting Services described in the Loan
			 Program Contract must be within Budgeted Costs determined by the State
			 Forester, based on the prevailing rates and wages in Oregon.
(2) Project costs paid from the Trust fund
			 may not exceed the Project costs approved in OAR
			 629-022-0140(2),
			 unless the Landowner requests additional Trust funds, and provides evidence
			 justifying additional Trust funds, prior to the completion of the
			 Practice.
(3) The State Forester
			 may approve additional Trust funds when:
(a)
			 The requirements of section (2) of this rule are met; and
(b) The Landowner agrees to amend the
			 contract and the payback amounts, described in OAR
			 629-022-0300  through
			 629-022-0320  to
			 reflect the higher Trust fund expenditures.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0230 - Resource Management Professional Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Resource Management Professional fees for
			 Approved Consulting Services may be paid from Trust funds for field and office
			 work required to write a Project plan described in OAR
			 629-022-0130  and to
			 supervise the implementation and completion of all Practices in the Project
			 plan described in
			 629-022-0130.
(2) The fees in section (1) of this rule must
			 be subject to:
(a) The Landowner executing
			 the contract under OAR
			 629-022-0150  and
			 629-022-0160;
			 and
(b) The Landowner submitting
			 invoices for the professional fees charged for the Approved Consulting Services
			 under OAR
			 629-022-0200.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0250 - Life of the Contract

Current through Register Vol. 63, No. 7, July 1, 2024
The Loan Program Contract between the Landowner and the Trust
				must be terminated when:
(1) The
			 Landowner makes full payment described in OAR
			 629-022-0300;
			 or
(2) A Catastrophe destroys the
			 entire Forest Stand, leaving No Salvage Value; or
(3) Two hundred years, or as otherwise
			 specified in the contract, elapse since the execution of the original
			 contract.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0300 - Repaying Trust Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Landowner may terminate the Loan Program Contract at anytime during the life of
			 the contract by repaying all Trust funds, including interest.
(2) The State Forester must calculate the
			 amount due by using the Actual Trust Costs paid to the Landowner to establish
			 the Forest Stand described in the Loan Program Contract, with annual interest
			 at the rate determined in OAR
			 629-022-0320.
			 Interest is simple, prorated to the nearest full month, and begins on the date
			 that payment or payments are made to the Landowner.
(3) When there is a partial Harvest of Forest
			 Products at any time during the life of the Loan Program Contract, the
			 Landowner must make payments of 50 percent of all net receipts, until all the
			 Trust funds, including interest are paid.
(4) When there is a Final Harvest of Forest
			 Products from the Forest Stand, the Landowner must make full repayment of the
			 lowest of the following:
(a) The Actual Trust
			 Cost plus interest attributable to that portion of the Forest Stand so
			 harvested; or
(b) The remaining
			 amount of the Actual Trust Cost plus interest; or
(c) The total of all net receipts.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0320 - Interest Rate

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rate is 4.0
			 percent, simple interest.
(2) The
			 interest rate must be fixed when the Loan Program Contract is executed and may
			 not change during the life of the contract.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented:ORS 526.700 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0380 - Catastrophe; Salvage Adjustments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Catastrophe may be caused by:
(a) Insects,
			 diseases, fire or other casualties and accidents; or
(b) Storms, floods, droughts and other
			 unusual environmental conditions.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0390 - Adequately Stocked Forest Stand

Current through Register Vol. 63, No. 7, July 1, 2024
The Landowner must manage Forest Stands established with Trust
				funds at or above the reforestation stocking standards in the Forest Practices
				Act and in OAR 629-610-020 or as otherwise specified in the contract, until the
				conditions in
				629-022-0250,
				Life of the Contract, are met.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0400 - Landowner Breach of Loan Program Contract

Current through Register Vol. 63, No. 7, July 1, 2024
A Loan Program Contract breach occurs when the Landowner fails
				to perform any term of the contract.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0410 - Remedies for Breach of Contract

Current through Register Vol. 63, No. 7, July 1, 2024
Remedies for Breach of Loan Program Contract
(1) The Landowner must pay liquidated damages
			 for a breach of contract by repaying all Trust funds, with interest as
			 calculated in OAR 629-022-0300(2).
(2) At any time Forest Products are harvested
			 in breach of contract, the Landowner must pay liquidated damages in the form of
			 a breach penalty.
(3) In addition
			 to any other right as provided by law, the State Forester may assign a
			 liquidated and delinquent account, as defined by the Oregon Accounting Manual,
			 to the Department of Revenue or to a private collection agency.
(4) The breach penalty in section (2) of this
			 rule may include a reasonable administrative fee to recover the cost of
			 collection services and other related costs, as described in ORS
			 293.231 through
			 293.250.
Stat. Auth.: ORS 526.700 - 526.730 & 526.745
Stats. Implemented: ORS 526.695 -
				  526.775
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0800 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Nonindustrial
			 Private Forest Landowners meeting the requirements of OAR
			 629-022-0110  may apply pursuant to
			 629-022-0120  for financial assistance under the cost-share program for the purpose of
			 planning for or carrying out Practices, Consulting Services or Environmental
			 Restoration that result in the establishment of Forest Stands or in the
			 improved management of Forestlands for timber production, fish and wildlife,
			 water quality and other environmental purposes.
(2) The State Forester must maintain, and
			 revise as necessary, a list of cost-share components that exemplify the
			 Practices, Consulting Services and Environmental Restoration that are eligible
			 for financial assistance under the cost-share program.
(3) Depending on the agreements entered for
			 funds received by the Forest Resource Trust pursuant to ORS 526.725, the State
			 Forester may place limits on the scope of cost-share components available for
			 financial assistance under the cost-share program or place additional years on
			 the requirement to maintain the effectiveness of the cost-share Practice as
			 specified in OAR
			 629-022-0820(8)
 
			 and
			 629-022-0840(2).
(4) Landowners cannot apply for financial
			 assistance under the cost-share program for Practices, Consulting Services or
			 Environmental Restoration that have already been completed, or are in the
			 process of being completed, at the time of application. Further, Landowners may
			 not begin completing any Practices, Consulting Services or Environmental
			 Restoration being applied for until the State Forester has approved or denied
			 the Landowner's application under OAR
			 629-022-0810.
(5) Practices, Consulting Services or
			 Environmental Restoration that are likely to result in Ecosystem Services that
			 have a reasonable chance of securing a net economic benefit from payments for
			 these services within the maintenance period for the effectiveness of the
			 Practice as defined in OAR
			 629-022-0820(8)
 
			 are not eligible for cost-share reimbursement payments.
Stat. Auth.: ORS 526.700 - 526.730
Stats. Implemented: ORS
				  526.703
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0810 - Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowner
			 applications for financial assistance under the cost-share program may not be
			 approved until the State Forester has determined that cost-share program funds
			 are available.
(2) The State
			 Forester must evaluate the information in the Landowner's cost-share
			 application to determine a project's priority for funding based on the Project
			 criteria in OAR
			 629-022-0050  subject to any limitations set-forth under
			 629-022-0810(3).
(3) The State Forester must maintain, and
			 periodically update, a list of cost-share rates by cost-share component that
			 exemplify the not-to-exceed cost-share reimbursement limits available to
			 Landowners applying for financial assistance under the cost-share
			 program.
(4) The State Forester
			 must maintain, and periodically update, a list of Landowner self-labor and
			 self-equipment use rates that exemplify the not-to-exceed cost-share
			 reimbursement limits available to Landowners applying for financial assistance
			 under the cost-share program.
(5)
			 State Forester approval of the Landowner's cost-share application constitutes
			 an agreement between the Forest Resource Trust and the Landowner that obligates
			 the Forest Resource Trust cost-share program funds necessary to cover the sum
			 of the not-to-exceed cost-share reimbursement limit for each cost-share
			 component applied for and approved.
(6) For applications that are not approved,
			 the State Forester must notify Landowner's of such. The State Forester must
			 specify the reason for denying the Landowner's application including, but not
			 limited to, a lack of available funds, low ranking of the application with
			 respect to the Project criteria in OAR
			 629-022-0050, or
			 incompleteness of the application.
Stat. Auth.: ORS 526.700 - 526.730
Stats. Implemented: ORS
				  526.703
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0820 - Practice Plan and Other Landowner Obligations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon approval of the Landowner's
			 cost-share application, the State Forester must prepare a Practice plan that
			 provides the performance specifications and time period for completing each
			 cost-share component approved in the Landowner's application.
(2) The Practice plan will list all the
			 approved cost-share components and the corresponding cost-share not-to-exceed
			 reimbursement rates for the approved application.
(3) The Practice plan is the basis by which
			 the State Forester will determine acceptable performance by the Landowner for
			 completing the cost-share component approved in the Landowner's
			 application.
(4) Landowners agree
			 to complete all the cost-share components listed in the Practice
			 plan.
(5) Landowners can request
			 modifications to the Practice plan based on new information not available at
			 the time of application or a change in site conditions since the time of
			 application.
(6) The State Forester
			 is not obligated to approve the Landowner's requested modification to the
			 Practice plan if the State Forester determines:
(a) The new information or the change in site
			 conditions does not require a change to the Practice plan; or
(b) Funds to pay for the Practice plan
			 modifications are not available.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0830 - Payment Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 State Forester to approve a cost-share reimbursement payment, each cost-share
			 component in the Practice plan must be completed according to the performance
			 specifications and the time period identified in the Practice plan.
(2) To initiate the payment process, the
			 Landowner must notify the State Forester of any completed cost-share component,
			 identified in the Practice plan, for which cost-share reimbursement payment is
			 being requested.
(3) The State
			 Forester will review the completed cost-share components to certify that the
			 components were completed according to the performance specifications and
			 within the time period specified in the Practice plan.
(4) Upon certification by the State Forester
			 that the cost-share components were completed according to the Practice plan,
			 the State Forester will calculate the amount of the cost-share reimbursement
			 payment to the Landowner using the appropriate cost-share rate, but not for an
			 amount exceeding the "not-to-exceed reimbursement level" set in the Practice
			 plan. Payment will be made payable to the Landowner.
Stat. Auth.: ORS 526.700 - 526.730
Stats. Implemented: ORS
				  526.703
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0840 - Breach of Practice Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 cost-share reimbursement payments under OAR
			 629-022-0830  are subject to repayment by the Landowner to the Trust if the Landowner fails
			 to complete any cost-share components as specified in the Practice plan, and:
(a) Such incompletion results in a failure in
			 stand establishment; or
(b) Does
			 not improve the management of the forestland subject to the cost-share
			 application.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 22 - FOREST RESOURCE TRUST › Section 629-022-0850 - Special Circumstances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 State Forester denies a cost-share reimbursement payment because the completed
			 cost-share component does not meet the performance specification or time period
			 in the Practice plan, the Landowner may resubmit the payment request. The State
			 Forester must approve the payment request when one of the following conditions
			 has been met:
(a) The Landowner repeats the
			 completion of the cost-share component and meets the performance specification
			 in the Practice plan;
(b) The
			 Landowner establishes that a reasonable effort was made and failure to meet the
			 performance specification in the Practice plan was due to factors beyond the
			 Landowner's control; or
(c) The
			 Landowner establishes that the cost-share component, as performed, does not
			 jeopardize the stand establishment or the improved management of Forestland the
			 cost-share component was designed to achieve.
Oregon Administrative Rules › Chapter 629 - DEPARTMENT OF FORESTRY › Division 23 - FOREST TAXATION › Section 629-023-0310 - Management Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose.
			 Under ORS 321.367, the State Forester must
			 report to the appropriate county assessors all lands designated as forest land
			 under ORS 321.358 which were logged prior
			 to 1973 and fail to meet minimum stocking standards. excluded from the report
			 are lands which are under an acceptable management plan for achieving the
			 stocking requirements. Also the State Forester is required to determine if
			 lands under the Western Oregon Severance Tax system are being managed as forest
			 land. The following management standards will apply in making the determination
			 and review:
(2) Stocking. Stocked
			 lands are lands which support established and maintained forest trees in
			 accordance with standards of land productivity, minimum density, acceptable
			 species, variances, and prior approval procedures found in the appropriate
			 Regional Administrative Rules of ORS Chapter 527.
(3) Over Mature Stands. Over mature stands
			 are:
(a) Even aged conifer stands at
			 culmination of mean annual increment in board feet Scribner, or 90 years of
			 age, whichever occurs later;
(b)
			 Uneven aged conifer stands, if these stands contain 10,000 board feet or more
			 per acre in mature trees; mature trees are those which have reached culmination
			 of mean annual increment in board feet Scribner or are 90 years old or older,
			 whichever occurs later;
(c) Stands
			 will not be considered over mature if they are being held for purposes of
			 sustained yield or for other management reasons acceptable to the State
			 Forester.