Management of lands acquired
- powers of forester
(1)Protect the lands from fire, disease and insect pests, cooperate with the counties and with persons owning lands within the state in the protection of the lands and enter into all agreements necessary or convenient for the protection of the lands.
(2)Sell forest products from the lands, and execute mining leases and contracts as provided for in ORS 273.551 (Mining and drilling leases on state lands).
(3)Enter into and administer contracts for the sale of timber from lands owned or managed by the State Board of Forestry and the State Forestry Department.
(4)Enter into and administer contracts for activities necessary or convenient for the sale of timber under subsection (3) of this section, either separately from or in conjunction with contracts for the sale of timber, including but not limited to activities such as timber harvesting and sorting, transporting, gravel pit development or operation, and road construction, maintenance or improvement.
(5)Permit the use of the lands for other purposes, including but not limited to forage and browse for domestic livestock, fish and wildlife environment, landscape effect, protection against floods and erosion, recreation, and protection of water supplies when, in the opinion of the board, the use is not detrimental to the best interest of the state.
(6)Grant easements, permits and licenses over, through and across the lands. The State Forester may require and collect reasonable fees or charges relating to the location and establishment of easements, permits and licenses granted by the state over the lands. The fees and charges collected shall be used exclusively for the expenses of locating and establishing the easements, permits and licenses under this subsection and shall be placed in the State Forestry Department Account.
(7)Require and collect fees or charges for the use of state forest roads. The fees or charges collected shall be used exclusively for purposes of maintenance and improvements of the roads and shall be placed in the State Forestry Department Account.
(8)Reforest the lands and cooperate with the counties, and with persons owning timberlands within the state, in the reforestation, and make all agreements necessary or convenient for the reforestation.
(9)Require such undertakings as in the opinion of the board are necessary or convenient to secure performance of any contract entered into under the terms of this section or ORS 273.551 (Mining and drilling leases on state lands).
(10)Sell rock, sand, gravel, pumice and other such materials from the lands. The sale may be negotiated without bidding, provided the appraised value of the materials does not exceed $2,500.
(11)Enter into agreements, each for not more than 10 years duration, for the production of minor forest products.
(12)Establish a forestry carbon offset program to market, register, transfer or sell forestry carbon offsets. In establishing the program, the forester may:
(a)Execute any contracts or agreements necessary to create opportunities for the creation of forestry carbon offsets; and
(b)Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry carbon offsets.
(13)Do all things and make all rules, not inconsistent with law, necessary or convenient for the management, protection, utilization and conservation of the lands. [Amended by 1953 c.65 §5; 1955 c.421 §3; 1957 c.228 §1; 1959 c.141 §1; 1963 c.475 §1; 1965 c.128 §1; 1967 c.396 §3; 1983 c.759 §9; 2001 c.752 §8; 2005 c.103 §37; 2015 c.447 §1]
Notes of Decisions
Where county transferred forest land that it could have kept and administered for its own benefit to state "in consideration of the payment to the county of the percentage of revenue derived from such lands," county is entitled to enforce that claim and state cannot avoid its obligation to county by conveying the property to third person. Tillamook Co. v. State Board of Forestry, 302 Or 404, 730 P2d 1214 (1986)
Law Review Citations
42 EL 1275 (2012)