Oregon Statutes 526.402 – Small Forestland Investment in Stream Habitat Program; rules
(1) The State Board of Forestry shall adopt by rule a Small Forestland Investment in Stream Habitat Program.
Terms Used In Oregon Statutes 526.402
- Board: means the State Board of Forestry. See Oregon Statutes 526.005
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the State Forestry Department. See Oregon Statutes 526.005
- Forestland: means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. See Oregon Statutes 526.005
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
(2) The purpose of the program is to provide grants to certain small forestland owners to fund projects that:
(a) Result in environmental benefits to fish species addressed in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022; or
(b) Mitigate risks to natural resources arising from the construction, operation or maintenance of forest roads or related activities.
(3) The Small Forestland Owner Assistance Office established by ORS § 526.400 shall implement and administer the program.
(4)(a) To be eligible for a grant under the program, a landowner must:
(A) Own or hold common ownership interest in less than 5,000 acres of forestland in this state.
(B) Submit documentation showing that no more than an average yearly volume of two million board feet of merchantable forest products has been harvested from the landowner’s forestland in this state, when averaged over the three years prior to the date the office receives the grant application.
(C) Affirm to the office that the landowner does not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner’s forestland in this state during the 10 years following the date the office receives the grant application.
(D) Have on file with the State Forestry Department a road condition assessment that includes assessment of all the roads, abandoned roads, culverts and fish passage barriers located anywhere in the parcel of land on which the project for which grant funding is requested will occur.
(b) For purposes of this subsection, a landowner must be considered to hold common ownership interest in forestland if the forestland is owned by the landowner directly or by a corporation, partnership, association or other entity in which the landowner owns a significant interest.
(c) Notwithstanding paragraph (a)(B) and (C) of this subsection, a landowner may be eligible for a grant if the landowner establishes to the department’s reasonable satisfaction that any exceedance of the harvest limits set forth in paragraph (a)(B) or (C) of this subsection was or will be necessary to raise funds to pay estate taxes or for a compelling and unexpected obligation.
(5) In administering and implementing the program, the office shall coordinate with the State Department of Fish and Wildlife to prioritize awarding grants for projects on high conservation value sites, as described in section 5.3.5.3 of chapter 5 of the Private Forest Accord Report.
(6) In addition to the requirements described in subsection (4) of this section, when awarding grants under the program, the office may consider:
(a) The length of time that has elapsed since an application for a grant was received.
(b) Any potential efficiencies gained through coordinating grant-funded activities with other activities at a proposed project site.
(7) The office shall annually publish, and make publicly available on a website of the State Forestry Department, a report for the previous calendar year that addresses:
(a) Each funded project that was completed during the calendar year.
(b) The costs of each completed project and the mileage of streams improved as a result of the completed project.
(8) The department shall submit a copy of the report to an appropriate committee or interim committee of the Legislative Assembly, in the manner described in ORS § 192.245, no later than September 15 of each year. [2022 c.33 § 17]
526.402 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 526.400).
See second note under 526.400.