Oregon Administrative Code

141-014-0390 Termination of a Lease or License For Default (1) If the holder of a lease or license to remove or use material fails to comply with these rules or the terms and conditions of the authorization, or otherwise violates laws governing their removal or use of material or…

141-014-0400 Assignment of Leases and Licenses; Subleasing (1) Except as authorized in the lease or these rules, in no event will the lessee sublease or assign, or licensee assign any portion of the authorized area prior to receipt of written approval from the Department. Violati…

141-014-0410 Enforcement Actions; Civil Penalties and Other Remedies (1) Upon the Director’s own initiative, or in response to a complaint, the Director may investigate a suspected violation of a lease, license or other authorization to use or remove material, or the alleged unau…

141-014-0420 Reconsideration of Decision (1) An applicant for a lease or license to remove or use material, or any other person adversely affected by the issuance or denial of lease or license to remove or use material may request that the Director or the Land Board, depending up…

141-015-0000 Purpose The purpose of these rules is to provide a uniform procedure governing defaults on Common School timber sale contracts involving only Common School Lands or contracts in which the timber on the Common School Lands predominates in value. Statutory/Other Author…

141-015-0005 Definitions (1) “Default” occurs whenever the Forester finds that the purchaser has not complied with the terms and conditions of the contract, or if the purchaser injures or severs timber not included in the sale. (2) “Damages and Expense” means costs, damages, loss…

141-015-0010 Default — Future Bidding (1) Except where the purchaser posts security as provided in OAR 141-015-0030, or except as may be otherwise provided in these rules, any purchaser of timber from Common School Forest Lands or any assignee of such purchaser who defaults on a …

141-015-0020 Notice of Default to Purchaser The State Forester by certified mail shall notify a purchaser of any default. The notice shall include the following information: (1) The default allegedly committed by the purchaser and the facts showing the alleged default. (2) The co…

141-015-0030 Request to Bid by Purchaser — Appeal If a purchaser in default wishes to bid on future contracts, it shall so notify the Forester in writing. The Forester shall, within 30 days of receipt of the notice, estimate the damages and expense that will be incurred by the st…

141-015-0040 Contested Case Hearing (1) Within 30 days after mailing of the estimate by the Forester, the purchaser may request a contested case hearing before the Forester and the Director of the Division of State Lands concerning any of the following issues: (a) Whether a defau…

141-015-0050 Settlement of Default (1) In the event of default, the purchaser shall have the following options for settlement of the contract: (a) Prompt settlement: (A) A purchaser may settle a default by the completion date of the contract. Such settlement shall include payment…

141-016-0000 Purpose and Applicability These rules apply to the sale of timber and logs from common school forest lands and to other Board-managed lands. The State Forester shall have the responsibility to apply these rules on common school forest lands and the Director of the Di…

141-016-0010 Criteria for Eligibility to Purchase State Timber or Logs (1) In addition to all other requirements of law, a person may bid for state timber or logs originating from state lands if the person certifies in a form and manner specified by the State Forester or Director…

141-016-0015 Prohibition Against Indirect Substitution In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the State Forester or Director may purchase state timber from any other person. Acquisitions of Western red cedar …

141-016-0020 Applicable State Timber All unprocessed timber, as defined in OAR 141-016-0005(16), which originates from state lands is prohibited from export. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.521 History: DSL 4-2000, f. & cert. ef. 4-24-00…

141-016-0025 Surplus Timber The prohibitions against export contained in OAR 141-016-0000 to 141-016-0045 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior ha…

141-016-0030 Reporting Requirements (1) Before the State Forester or Director will issue final acceptance of timber sale contract requirements, a purchaser of state timber or logs must: (a) Notify the appropriate agency of the delivery destination of all timber or logs purchased …

141-016-0035 Purchaser Disqualification and Termination of Contracts (1) The State Forester or Director shall keep a record of any person who violates the requirements of OAR 141-016-0000 to 141-016-0040. (2) A person whose name appears on the record for violations as stated in s…

141-016-0040 Log Branding and Marking Requirements All unprocessed state timber or logs originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood one end of a…

141-016-0045 Enforcement Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the State Forester or Director, or contracted by the State Forester or the Director to other state or fede…

141-050-0450 Purpose The purpose of these rules is to provide a central and continuing register of areas in Oregon which contain significant natural heritage resources and special species, and describe the process used to register properties on the Oregon Register of Natural Heri…

141-050-0500 Definitions As used in these rules, unless the context provides otherwise: (1) "Agency" means any federal, state or local government agency, department, board, or commission. (2) "Board" means the State Land Board. (3) "Candidate Natural Area" means a natural resourc…

141-050-0525 Acceptance of Funds (1) The State Land Board may accept monies for, but not limited to, documents and services under these rules. (2) The Board may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any pr…

141-050-0900 Criteria for Inclusion in Register Criteria to be included within the Register must be determined by the Council to fulfill not only the definition of a natural area but the element and site considerations within the Priorities and Criteria for Conservation in the Pl…

141-050-0905 Procedures for Registering Each proposal for the Register, together with field evaluation, maps and sufficient data to complete the register file, shall be reviewed by the Council: (1) A proposal for the Register of private land shall contain the written consent of t…

141-050-0915 Register File The Register may include file(s) of registered natural areas: (1) The card file may include name of natural area, location, size, ownership, register category, and principal Natural Heritage Resource(s) and special species. The card file may be cross re…

141-050-0920 Location and Maintenance of Register The data files of the Oregon Register of Natural Heritage Resources will be located at the Oregon Natural Heritage Information Center office in Portland, OR, and will be maintained by the Council. Statutory/Other Authority: ORS 27…

141-050-0925 Register Review The Register shall be reviewed and updated every five years by the Council. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 26, f. 8-5-75, ef. 8-25-75

141-050-0930 Register Withdrawal Registered natural areas may be withdrawn from the Register by the State Land Board upon the recommendation of the Council. Specific reasons must be given for withdrawal. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 -…

141-050-0935 Purpose The purpose and scope of dedication is to establish and maintain the integrity of the Plan, and the Program, by means of written formal recognition and protection of an area of land and/or water for natural heritage conservation purposes. Statutory/Other Auth…

141-050-0940 Instruments of Dedication (1) Private Dedication — A private individual or organization which is the owner of any registered natural area may voluntarily agree to dedicate that area as a Natural Heritage Conservation Area by executing with the Board, following review…

141-050-0952 Publicity Information about a Natural Heritage Conservation Area and appropriate descriptive material may be developed and made available to interested persons. However, publicity which would tend to encourage the general public to visit a Natural Heritage Conservati…

141-050-0954 Reports At regular intervals the Council shall make or cause to be made for each Natural Heritage Conservation Area a record of management activities and other influences affecting each Natural Heritage Conservation Area. Statutory/Other Authority: ORS 273 Statutes/O…

141-050-0956 Instruments The instruments of dedication shall include, but not be limited to: (1) The size, location, purpose, and resources of the Natural Heritage Conservation Area; (2) A management scheme written for each Natural Heritage Conservation Area which describes: (a) …

141-050-0960 Natural Heritage Conservation Area Manager Notwithstanding the instruments of dedication, managers of a Natural Heritage Conservation Area shall not take any action or fail to take any action which is in conflict with a statute, rule regulation or policy relating to …

141-050-0962 Fire Prescribed fire may only be used as a management tool in such areas or situations where fire is needed to maintain or protect a Natural Heritage Conservation Area as an ecosystem type specified in the management scheme. Statutory/Other Authority: ORS 273 Statute…

141-050-0964 Water Level Control Natural Heritage Conservation Areas shall be managed to maintain their natural water levels. Water levels which have previously been altered by man may be changed if provided for in the management scheme as essential for the restoration of natural…

141-050-0965 Disturbance of Natural Features The management of Natural Heritage Conservation Areas shall not include the cutting or removal of vegetation or the disturbance of other natural features, except that which is essential to carry out the management scheme enumerated in …

141-050-0966 Visitor Protection Guard rails, fences, steps, and bridges may be provided when essential to the safety of a reasonable alert and cautious visitor. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-…

141-050-0967 Erosion Control Erosion and soil deposition due to disturbances of natural conditions by man within or outside a Natural Heritage Conservation Area may be controlled as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: …

141-050-0968 Scenic or Landscape Management No measures or actions shall be taken to alter the natural growth or features of a Natural Heritage Conservation Area for the purpose of enhancing its neatness, beauty, or amenities. Statutory/Other Authority: ORS 273 Statutes/Other Imp…

141-050-0970 Control of Succession Control of succession may be undertaken only if maintenance or restoration of a particular ecosystem type or preservation of threatened or endangered species is designated in the instruments of dedication as an objective of the Natural Heritage …

141-050-0972 Control of Introduced Plant Species Control of introduced plant species may be undertaken as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982…

141-050-0974 Control of Wildlife Populations The control of wildlife populations on Natural Heritage Conservation Areas shall be by agreements between the Board and Oregon Department of Fish and Wildlife, or other agency. Insofar as practical any control measures applied shall be…

141-050-0976 Introduction and Management of Special Species The introduction into or the management of a Natural Heritage Conservation Area for special wildlife species shall be by agreement between the Board and the Oregon Department of Fish and Wildlife, Oregon Department of Ag…

141-050-0980 Use Tolerance The management scheme shall set forth the use tolerance or durability of all or any portion of a Natural Heritage Conservation Area and specify the steps to be taken if overuse occurs. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 2…

141-050-0982 Collecting Permits A person wishing to collect material from a site for the purposes of research, education or restoration within a Natural Heritage Conservation Area shall secure written permission from: (1) The Board; and (2) The owner of the land; and (3) The appr…

141-050-0990 Boundary Markers When feasible, boundaries of a Natural Heritage Conservation Area may be made clearly evident by placing markers at corners or other strategic locations or by boundary signs. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 …

141-050-0992 Fences Fences and barriers may be installed as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74

141-050-0994 Trails The location and specifications of any trails may be established in the management scheme. Trails shall be adequate to provide for permitted use of a Natural Heritage Conservation Area, but otherwise kept to a minimum. The use of paving materials, footbridges …