Oregon Administrative Code

629-022-0030 Purpose and Trust Responsibilities (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 …

629-022-0035 Applicability (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…

629-022-0040 Definitions Defined words and terms are identified with upper case letters throughout these rules. As used in the Forest Resource Trust rules and contracts and agreements entered into under the Forest Resource Trust rules, unless the context requires otherwise: (1) “…

629-022-0050 Project Criteria 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…

629-022-0060 Donations to the Trust Fund (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-sh…

629-022-0070 Carbon Offsets 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 …

629-022-0080 State Forester Exceptions to these Rules 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 …

629-022-0110 Trust Funds — Eligibility (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 …

629-022-0120 Applying for Trust Funds (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 reforesta…

629-022-0130 Loan Program — Project Plan (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 …

629-022-0140 Approval of a Proposed Project (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 requi…

629-022-0150 Loan Program Contract (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 …

629-022-0160 Loan Program Security Instrument (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 F…

629-022-0200 Implementing the Project Plan; Payments (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 …

629-022-0210 Landowner Obligations (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…

629-022-0220 Project Rates and Costs (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 f…

629-022-0230 Resource Management Professional Fees (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 …

629-022-0250 Life of the Contract 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…

629-022-0300 Repaying Trust Funds (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…

629-022-0320 Interest Rate (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. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Im…

629-022-0380 Catastrophe; Salvage Adjustments (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. (2) When a Catastrophe damages individual trees or groups o…

629-022-0390 Adequately Stocked Forest Stand 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…

629-022-0400 Trust Administration — Landowner Breach of Loan Program Contract A Loan Program Contract breach occurs when the Landowner fails to perform any term of the contract. Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745 Statutes/Other Implemented: ORS 526.695 - 5…

629-022-0410 Remedies for Breach of Loan Program Contract 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 Pr…

629-022-0800 Cost-Share Program — Scope (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, Con…

629-022-0810 Cost-Share Program Approval (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 …

629-022-0820 Cost-Share Program Plan and Landowner Obligations (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 approv…

629-022-0830 Cost-Share Program Payment Procedures (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…

629-022-0840 Breach of Cost-Share Program Practice Plan (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)…

629-022-0850 Cost-Share Program: Special Circumstances (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 …

629-023-0310 Western Oregon Forest Land Tax — Management Standards (1) Purpose. Under ORS 321.367, the State Forester must report to the appropriate county assessors all lands designated as forest land under 321.358 which were logged prior to 1973 and fail to meet minimum stockin…

629-023-0320 Reporting Underproductive or Unmanaged Forest Land (1) Under ORS 321.367, the State Forester must report to the appropriate county assessor the location of all designated forest lands that were logged prior to 1973 and are suitable for growing and harvesting timber a…

629-023-0410 Underproductive Forestland Conversion Tax Credit — Purpose of the Rules (1) Under ORS 315.104 certain taxpayers may claim a tax credit for 50 percent of the reasonable costs of forestation of underproductive commercial forestland. (2) Under ORS 315.106 the State Fore…

629-023-0420 Underproductive Forestland Conversion Tax Credit — Definitions (1) "Appropriate sites" means those sites capable of producing a commercial hardwood or softwood stand which meet the definition of commercial forestland and are planted with suitable forest tree species.…

629-023-0430 Underproductive Forestland Conversion Tax Credit — Eligible Project Costs For projects planted on or after January 1, 2008, the application fee is an eligible project cost. For all projects, eligible project and plantation establishment costs incurred by the taxpayer…

629-023-0440 Underproductive Forestland Conversion Tax Credit — Standards and Specifications To qualify for a credit, the State Forester must determine that the forestland, prior harvest, and project comply with the following standards and specifications: (1) Forestland must be c…

629-023-0450 Underproductive Forestland Conversion Tax Credit — Preliminary Certificate Issuance (1) The project is completed when the minimum number of well-distributed seedlings has been satisfactorily planted. The minimum number required under this section is the same as requi…

629-023-0460 Underproductive Forestland Conversion Tax Credit — Final Certificate Issuance The State Forester will issue a final certificate when the new forest is established. (1) The forest is established when at least the minimum number of seedlings as required in OAR 629-023-…

629-023-0490 Underproductive Forestland Conversion Tax Credit — Appeal Rights A person who wishes to appeal a decision made by the State Forester regarding this credit will use the following procedure: (1) Person must notify the Department of Forestry field representative in writ…

629-025-0000 Purpose of the Rules These rules establish standards for recreational- and commercial-use of State Forest Lands managed by the Forester. The objectives of these rules are: to protect the resources of State Forest Lands, to promote the safety of all users of those lan…

629-025-0005 Definitions As used in rules 629-025-0000 through 629-025-0099: (1) "Campground" means an area designated by the Forester for Camping that has designated campsites. (2) "Camping" means a Person or Persons occupying State Forest Lands overnight. (3) "Camping Area" mea…

629-025-0011 Permits — General Regulations (1) Permitting Authority: The Forester may require permits for the use of State Forest Lands including, but not limited to, for the following uses: (a) Sponsored Events; (b) Camping in Campgrounds or in Camping Areas on State Forest Land…

629-025-0020 Permits — Sponsored Events (1) Permits Required: A Person must obtain a permit from the Forester to sponsor, promote or conduct any Sponsored Event on State Forest Land. (2) The Forester may issue a permit for a Sponsored Event when the following requirements are sat…

629-025-0021 Permits — Large Commercial Events (1) Permits Required: A Person must obtain a permit from the Forester to sponsor, promote or conduct a Large Commercial Event on State Forest Land. (2) The Forester may issue a permit for a Large Commercial Event when the following r…

629-025-0022 Health and Safety Standards — Large Commercial Events (1) Sewerage Facilities: (a) Chemical toilets must be provided at a rate of at least one toilet per 80 persons or fraction thereof. (b) Chemical toilets must be serviced daily with respect to sanitation, removal o…

629-025-0030 Other Fees (1) A Person must pay the applicable fee for use of Campgrounds, Camping Areas and other listed facilities and services. (2) Payment of Fees: Unless posted otherwise, payment of fees must be made prior to receipt of the permit or use of the facilities and …

629-025-0031 Reservations (1) General Regulations: (a) Reservations will be accepted and processed for specified facilities through the internet via the Oregon State Parks Reservation Center. (b) A Person may make a reservation a maximum of nine months prior to the arrival date. …

629-025-0035 Veteran’s Special Access Pass and Active Duty Military Waiver (1) Fees established under OAR 629-025-0030(3)(a) shall be waived for a Person to whom a Veteran’s Special Access Pass has been issued by the Oregon Parks and Recreation Department and meets the eligibilit…

629-025-0040 General Forest Recreation Rules and Public Conduct (1) Sanitation. (a) On all State Forest Land, a Person may not in any manner, unless otherwise authorized, cause any rubbish, garbage, refuse, organic or inorganic waste, diseased or dead animals, recreational vehicl…

629-025-0050 Designated Recreation Areas (1) State Forest Land designated by the Forester as "Designated Recreation Areas" may include, but are not limited to, Campgrounds, Camping Areas, Day Use Areas, trailheads, staging areas, and boat launch sites. Maps showing the Designated…