ORS 530.050
Management of lands acquired

powers of forester
rules

Text
Annotations 1

Mentioned in

‘No one's going to be particularly happy’: 70-year Habitat Conservation Plan for Oregon State Forests rankles environmentalists, timber groups

KGW, September 6, 2023

“The plan would set aside some areas for endangered species and make them off limits for timber harvesting. The compromise isn't sitting well with all sides.”

Bibliographic info

Under the authority and direction of the State Board of Forestry except as otherwise provided for the sale of forest products, the State Forester shall manage the lands acquired pursuant to ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber) so as to secure the greatest permanent value of those lands to the state, and to that end may:

(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)

Establish a forestry renewable woody biomass conversion program to market, register, transfer or sell forestry woody biomass conversion offtakes. In establishing the program, the forester may:

(a)

Execute any contracts or agreements necessary to create opportunities for the creation of forestry woody biomass conversion offtakes; and

(b)

Negotiate prices that are at, or greater than, fair market value for the transfer or sale of forestry woody biomass conversion offtakes.

(14)

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; 2023 c.442 §31]

Note: Section 30, chapter 442, Oregon Laws 2023, provides:

Sec. 30. Low carbon fuels derived from woody biomass residues. (1) The College of Forestry at Oregon State University, in collaboration with the Department of Environmental Quality and the State Forestry Department, shall conduct research to develop methodologies and data necessary to establish fuel pathways, consistent with the clean fuels program adopted under ORS 468A.265 (Definitions) to 468A.277 (Rules), for low carbon fuels derived from woody biomass residues from forestry operations. In carrying out the research under this section, the College of Forestry shall:

(a)

Coordinate with the Department of Environmental Quality to ensure that the methodologies and data are consistent with the methodologies and data used to determine lifecycle greenhouse gas emissions and carbon intensity under the clean fuels program.

(b)

Research any methods to convert biomass feedstocks to low carbon fuels, with particular focus on wood slash piles that would otherwise be burned on lands managed by the State Forester or lands used by the College of Forestry to carry out research.

(2)

No later than July 31, 2025, the College of Forestry shall submit its findings in a report, in the manner provided by ORS 192.245 (Form of report to legislature), to the interim committees of the Legislative Assembly related to natural resources. The report must include, but need not be limited to:

(a)

Progress in establishing fuel pathways and carbon intensity values for low carbon fuels derived from woody biomass residues from forestry operations; and

(b)

The impact converting woody biomass residues to low carbon fuels has on:

(A)

Greenhouse gas and black carbon emissions;

(B)

Snowpack in the Cascade Mountains;

(C)

Water quality and drought; and

(D)

Wildfire.

(3)

The College of Forestry may collaborate with the Department of Environmental Quality or any other relevant state agency to prepare the report described in subsection (2) of this section. [2023 c.442 §30]

Source: Section 530.050 — Management of lands acquired; powers of forester; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors530.html.

Notes of Decisions

Statutory contract was not created under this section that requires state to secure greatest permanent value of forestlands transferred to state by counties because legislature did not clearly and unmistakably express intent to create contract. County of Linn v. State of Oregon, 319 Or App 288, 510 P3d 962 (2022), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 530.050 Management of lands acquired