Chapter 526 — Chapter 526

ORS 526.005 Definitions. As used in this chapter, unless the context otherwise requires

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ORS 526.008 State Forestry Department. The State Forestry Department consists of the State Forester and the deputy, assistants and employees of the forester, acting under direction of the State Board of Forestry. [1961 c.123 §1; 1965 c.253 §2]

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ORS 526.009 State Board of Forestry; chairperson; terms; vacancies; confirmation; qualifications; removal. (1) There is created a State Board of Forestry consisting of seven members appointed by the Governor. The members appointed to the board shall be subject to confirmation by the Senate as provided in ORS 171.562 and 171.565. The Governor shall designate one member of the board as chairperson to hold that position until that member’s term expires or until relieved by the Governor as provided in subsection (6) of this section. The chairperson shall have such powers and duties as are provided by the rules of the board

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ORS 526.010 [Amended by 1953 c.68 §19; 1953 c.372 §22; 1957 c.654 §1; 1959 c.571 §1; 1963 c.63 §1; 1965 c.253 §5; 1967 c.429 §51; 1973 c.230 §2; 1973 c.792 §22; 1975 c.94 §1; 1979 c.394 §2; 1983 c.759 §6; repealed by 1987 c.919 §30]

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ORS 526.015 [1957 c.654 §3; repealed by 1965 c.253 §153]

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ORS 526.016 General duties; limits; compensation and expenses; meetings; rules. (1) The State Board of Forestry shall supervise all matters of forest policy and management under the jurisdiction of this state and approve claims for expenses incurred under the statutes administered by the board except as otherwise provided by law. Advisory committees may be appointed by the board to make recommendations concerning any function vested by law in the board. Notwithstanding any other provisions of law, the board shall not supervise or direct the State Forester in matters relating to the geographic scheduling, annual volume and species allocation, appraisals and competitive timber sale techniques used in the sale of forest products from lands managed under the provisions of ORS chapter 530

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ORS 526.020 [Amended by 1953 c.68 §19; 1955 c.117 §1; repealed by 1965 c.253 §9 (526.041 enacted in lieu of 526.020)]

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ORS 526.030 [Amended by 1953 c.23 §2; 1955 c.27 §1; 1961 c.123 §4; 1965 c.253 §11; renumbered 526.046]

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ORS 526.031 State Forester; deputy and assistants; compensation. (1) The Governor shall appoint a State Forester subject to Senate confirmation under ORS 171.562 and 171.565. The forester shall be the chief executive officer of the State Forestry Department and shall act as the secretary of the State Board of Forestry. The forester shall serve a term of four years at the pleasure of the Governor and shall be eligible for reappointment

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ORS 526.036 Fidelity bonds. (1) Before entering upon the duties of office, the forester shall furnish a fidelity bond in favor of the State of Oregon in the penal sum of $100,000 issued by one or more corporate sureties authorized to do business in the State of Oregon, conditioned upon the faithful and honest handling and disposition of the moneys in the State Forestry Department Account and any other moneys in the hands of the forester. The bond and sureties are subject to approval by the Director of the Oregon Department of Administrative Services as provided in ORS 291.011

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ORS 526.040 [Repealed by 1953 c.43 §2]

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ORS 526.041 General duties of State Forester; rules. The forester, under the general supervision of the State Board of Forestry, shall

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ORS 526.046 State Forester to cooperate with other agencies and persons; contracts for supervision; costs. (1) Under the direction of the State Board of Forestry, the forester

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ORS 526.048 [1977 c.893 §16; renumbered 526.425]

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ORS 526.050 [Repealed by 1953 c.23 §2]

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ORS 526.052 Credits for former forest protective association employees. (1) For purposes of this section, “forest protective association” or “association” has the meaning for that term provided in ORS 477.001

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ORS 526.054 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Forestry Department may require the fingerprints of a person who

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ORS 526.060 State Forestry Department Account; subaccounts. (1) Except as provided in ORS 526.121, 530.147 and 530.280, all assessments, federal apportionments or contributions, and other moneys received by the forester or State Board of Forestry, shall be paid into the State Treasury and credited to the State Forestry Department Account, which is established separate and distinct from the General Fund. All moneys in the State Forestry Department Account are continuously appropriated, and shall be used by the forester, under the supervision and direction of the board, for the purposes authorized by law

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ORS 526.065 Authority to accept gifts and other donations for management of state forests and forest legacy programs; use of moneys in subaccount. (1) The State Forestry Department may receive gifts, grants, bequests, endowments and donations of moneys, labor or materials from public and private sources for the purpose of contributing to the management and enhancement of state forests, including but not limited to activities such as recreation, education, interpretation, research and monitoring, cultural resources management and habitat improvement

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ORS 526.070 [1957 c.83 §22; 1965 c.253 §8; renumbered 526.036]

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ORS 526.080 [1957 c.83 §25; renumbered 526.131]

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ORS 526.090 Acceptance and use of moneys under Agricultural Act of 1956 (soil bank and reforestation provisions). The forester, under the supervision and direction of the State Board of Forestry, may receive moneys from the federal government in connection with cooperative work and programs set out in the Agricultural Act of 1956, as amended (Public Law 84-540, 70 Stat. 188), particularly the provisions of Title I (7 U.S.C. 1801 to 1837) and Title IV (16 U.S.C. 568e to 568g), and Acts amendatory thereof and supplemental or complementary thereto. [1957 c.83 §4; 1965 c.253 §14]

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ORS 526.095 Clarke-McNary Act accepted; State Forester is agent of state. The State of Oregon has accepted the provisions of the Clarke-McNary Act (43 Stat. 653), as amended, and will observe and comply with the requirements of that Act. The forester, under the supervision and direction of the State Board of Forestry, is the agent of the State of Oregon for the purposes of that Act, and may cooperate with the authorities of the United States having powers and duties under that Act to do all things necessary to secure to the State of Oregon the benefits of that Act or Acts amendatory thereof and supplemental or complementary thereto. [1957 c.83 §2; 1965 c.253 §15]

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ORS 526.105 Disposition of receipts under ORS 526.090 and 526.095. All moneys received pursuant to the Acts of Congress mentioned in ORS 526.090 and 526.095 shall be paid into the State Treasury, credited to the State Forestry Department Account, and used exclusively for the purposes of the respective Acts. [1965 c.253 §17]

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ORS 526.110 [Repealed by 1953 c.327 §6]

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ORS 526.111 State Forestry Department Revolving Account; purposes. (1) Notwithstanding ORS 291.238 or any other law, a revolving account in the sum of $750,000 deposited with the State Treasurer shall be at the disposal of the forester for the payment of

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ORS 526.120 [Repealed by 1953 c.327 §6]

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ORS 526.121 Reimbursement of revolving account; keeping records. (1) Reimbursement vouchers for claims paid from the revolving account created by ORS 526.111 shall be approved by the forester. Warrants in payment of the vouchers shall be drawn in favor of the forester and deposited with the State Treasurer to reimburse the revolving account

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ORS 526.122 State Forestry Department Cash Flow Repayment Fund. (1) The State Forestry Department Cash Flow Repayment Fund is established in the State Treasury, separate and distinct from the General Fund. The State Forestry Department Cash Flow Repayment Fund consists of moneys deposited in the fund by the State Forestry Department pursuant to subsection (2) of this section. Moneys in the fund are continuously appropriated to the department for the purposes set forth in subsection (3) of this section

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ORS 526.123 [2022 c.76 §4; repealed by 2025 c.581 §44]

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ORS 526.125 Tillamook Forest Interpretive Center Fund; sources; use of moneys in fund. (1) The State Forestry Department may receive and disburse gifts, grants, bequests, endowments and donations of labor and material from public and private sources for the purpose of developing and operating a forest interpretation and education center in the Tillamook State Forest

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ORS 526.127 Forestry Natural Climate Solutions Fund. (1) The Forestry Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Forestry Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Forestry Department to

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ORS 526.128 State Forestry Department Large Wildfire Fund. (1) The State Forestry Department Large Wildfire Fund is established in the State Treasury, separate and distinct from the General Fund

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ORS 526.129 Transfer of moneys from State Forestry Department Large Wildfire Fund. (1) Except as provided in subsection (2) of this section, the State Forestry Department may transfer moneys from the State Forestry Department Large Wildfire Fund to other funds or accounts that are continuously appropriated to the department as the department deems necessary to carry out its duties

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ORS 526.130 [Repealed by 1953 c.327 §6]

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ORS 526.131 Purchase or acceptance of federal surplus property. Subject to the allotment provisions of ORS 291.238, the State Forester and State Board of Forestry hereby are authorized to purchase or accept excess and surplus property from the United States. [Formerly 526.080]

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ORS 526.135 Leasing departmental equipment to federal agency. The forester, with the approval of the State Board of Forestry, may lease equipment that is under the jurisdiction and control of the forester and board to any agency of the United States. However

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ORS 526.140 [Repealed by 1953 c.327 §6]

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ORS 526.142 Definition for ORS 526.142 to 526.152. As used in ORS 526.142 to 526.152, “equipment” includes the necessary materials and supplies for the operation of equipment in the equipment pool authorized by ORS 526.144. [1965 c.253 §21]

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ORS 526.144 Equipment pool; participation. (1) The equipment pool operated by the forester and the State Board of Forestry, which furnishes transportation and equipment for the various activities and programs of the board, is for the acquisition, operation, storage, maintenance and replacement of equipment. Notwithstanding any other law, the forester, under the direction of the board, may

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ORS 526.146 Charges. (1) All items transferred under ORS 526.144, together with any equipment purchased from moneys transferred to the equipment pool, are available for all activities or programs participating in the equipment pool. However, upon use of such equipment for any activity or program, a reasonable use charge shall be made against such activity or program. The charge shall be based upon the maintenance and replacement costs for the equipment used, including operational expenses

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ORS 526.148 Leasing communication equipment. (1) The forester and State Board of Forestry may lease communication equipment owned or acquired under ORS 526.144 to any forest protective association or agency under contract or agreement with the board for the protection of forestland against fire. However, the communication equipment may be used only for purposes of the forest protection system designated in ORS 477.005. Any lease so made must provide for a rental at the current rates established for the equipment pool. All amounts so charged shall be credited as provided in ORS 526.146

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ORS 526.150 [Repealed by 1953 c.327 §6]

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ORS 526.152 Disposition of equipment; termination of pool. (1) Any proceeds from the sale or other disposition of equipment of the equipment pool shall be credited to the State Forestry Department Account for equipment pool purposes

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ORS 526.156 Forest Trust Land Advisory Committee; membership; advisory function. (1) A Forest Trust Land Advisory Committee is established to be composed of the board of directors of the Council of Forest Trust Land Counties

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ORS 526.160 [1953 c.74 §1; 1957 c.83 §9; 1959 c.61 §1; 1963 c.242 §1; repealed by 1965 c.253 §153]

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ORS 526.162 Taking title in fee simple. In all cases where a title in fee simple to real property is acquired by the State Board of Forestry under ORS 526.166 or 526.168, such title shall be taken in the name of the State of Oregon. [Formerly 526.176]

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ORS 526.164 Exchange of property. The State Board of Forestry may convey to any person all or parts of the real property described in ORS 526.166 or 526.168, in exchange for other property, real or personal, which, in the judgment of the board, is of equal or superior value for public use. [Formerly 526.174]

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ORS 526.166 Acquisition of real property by purchase, agreement or donation. In addition to any authority otherwise granted by law, the State Board of Forestry may acquire, by purchase, agreement or donation, real property or any interest therein, including easements and ways, found necessary by the board for

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ORS 526.168 Acquisition of real property by eminent domain. In addition to any authority otherwise granted by law, the State Board of Forestry may acquire, by the exercise of the power of eminent domain, real property or any interest therein, including easements and ways, found necessary by the board for

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