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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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DEPARTMENT OF STATE LANDS

 

DIVISION 16

CONTROL OVER THE EXPORT OF UNPROCESSED TIMBER FROM
COMMON SCHOOL FOREST LAND AND OTHER BOARD-MANAGED LANDS

 

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 Division of State Lands shall apply them to other Board-managed land as described in these rules.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

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 that:

(a) The person will not directly or indirectly export unprocessed state timber or logs and

(b) Unless exempted by section (2) of this rule, the person has not directly or indirectly exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and

(c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber or logs to any other person without obtaining a certification from the person that meets the requirements of OAR 141-016-0030.

(d) The person shall not engage in export of unprocessed timber originating from private lands in Oregon until such time as all interests in contracts for state timber held by that person have terminated.

(2) Purchases of hardwood logs originating from state timber sales for domestic processing only may be made by persons otherwise ineligible to bid under (1)(b) above, provided they certify that:

(a) They have not directly or indirectly exported unprocessed hardwood timber from private lands in Oregon for at least 24 months.

(b) The hardwood logs shall be domestically processed.

(c) They will obtain a certification from any person to whom they sell, transfer, exchange or otherwise convey state hardwood logs that meets the requirements of OAR 141-016-0030.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

141-016-0015

Prohibition Against Indirect Substitution

(1) 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 which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

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.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: 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 has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

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 under that contract. Notification will be made in a form and manner prescribed by the State Forester or Director;

(b) Prior to selling, trading, exchanging or otherwise conveying unprocessed state timber or logs to any other person, the purchaser of state timber shall obtain a certification of the person's eligibility to purchase state timber or logs and their intent to comply with the terms and conditions contained in this section. Certification will be made in a form and manner as prescribed by the agency and shall be forwarded to the State Forester or Director upon completion of the transaction. Obtaining a certification shall not relieve the purchaser's responsibility to provide the State Forester or Director with an accounting of the delivery destination of that timber or logs.

(2) Any performance bond required by a state timber sale contract may be retained by the State Forester or Director until satisfactory notification of the state timber or logs delivery destination has been received by the State Forester or Director.

(3) Failure to provide the State Forester or Director with a final accounting of the delivery destination of state timber or logs will be considered a violation of these export regulations. Violators will be subject to the penalties contained in OAR 141-016-0035.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

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 section (1) of this rule, and who again violates the requirements of OAR 141-016-0000 to 141-016-0040 shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045.

(3) The State Forester or Director may cease operations on and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 141-016-0000 to 141-016-0040, and assess damages according to the following formula:D = (OSV+AC) - (PR+RSV), where:

(a) D = Damages and Expenses;

(b) OSV = Original Sale Value (timber only -- does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales;

(c) AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law;

(d) PR = Payments Received;

(e) RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the State Forester's or Director's estimate of remaining volume, multiplied by the dollar values stated in the contract.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

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 all logs originating from state timber sales shall be hammer branded and one end shall be painted with a paint type and color determined by the State Forester or Director.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

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 federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the State Forester or Director to the appropriate federal or state agency for prosecution or other legal action.

Stat. Auth.: ORS 273.045
Stats. Implemented: ORS 273.521
Hist.: DSL 4-2000, f. & cert. ef. 4-24-00

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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