73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3607
Senate Bill 1072
Sponsored by Senator NELSON
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Establishes state policy regarding utilization of forest
biomass. Directs State Forester to perform specified actions to
increase use of forest biomass.
Establishes state policy regarding relationship of State
Forestry Department with federal forest management. Directs State
Board of Forestry to perform specified actions to increase state
participation in federal forest management issues.
A BILL FOR AN ACT
Relating to forestry policy.
Whereas forested lands comprise some of the most important
environmental, economic and recreational resources in the State
of Oregon; and
Whereas forested lands are increasingly jeopardized by the risk
of catastrophic fires fed by excess forest fuels; and
Whereas reducing the risk of catastrophic forest fires through
proper forest management is of interest to all of Oregon's
residents; and
Whereas proper forest management would restore structural
diversity of forest stands, enhance wildlife habitat and create
other ecological and social benefits; and
Whereas federal and state funds are not sufficient to carry out
the necessary management activities to reduce the risk of
catastrophic fire and to restore ecological values on
forestlands; and
Whereas fire suppression costs affect federal, state and county
treasuries; and
Whereas increased participation by the residents of this state
and by state agencies in the development of federal policies
toward federal forestlands may improve the management of those
lands; and
Whereas the development of a means to utilize biomass harvested
from federal lands in an economically beneficial manner will
assist in reducing the fire risk without imposing costs on the
state; and
Whereas changes in the management of federal forests would
produce a range of benefits to rural communities and for all
Oregonians; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + The Legislative Assembly finds and declares
that:
(1) Forested lands in federal, state and private ownership
comprise some of the most important environmental, economic and
recreational resources in the State of Oregon. However, federal
lands, and to a lesser extent state and private lands, are
increasingly jeopardized by the risk of catastrophic fires fed by
the hazardous accumulation of forest fuels.
(2) Enhancing wildlife habitat and other ecological values and
reducing the risk of catastrophic forest fires through forest
management are of interest to the residents of this state.
Federal and state funds have not proven sufficient to carry out
the management activities necessary to achieve these goals on
federal lands, nor is it likely that the funds will be available
on a continuous basis.
(3) The facilitation of the development of new market-based
solutions of reducing the risk of catastrophic forest fires may
reduce the requirement for public funding. The development of
biomass-fueled electrical power generation plants may provide one
basis for a sustainable, market-based means for protecting
Oregon's forests.
(4) Biomass-fueled electrical power generation plants could
provide a renewable source of energy, reduce net greenhouse gas
emissions, reduce air pollution from wildfires, improve fish and
wildlife habitat, create jobs and provide an economic benefit to
rural communities. Through the collection of forest biomass,
ancillary benefits could be realized through the improvement in
forest health, protection of electric transmission lines and
stabilization of soils within critical watersheds.
(5) The policy of this state is to support efforts to build and
place in service biomass-fueled electrical power generation
plants that utilize biomass collected from forests or derived
from other sources, such as agricultural or municipal waste. + }
SECTION 2. { + To accomplish the policy established in section
1 of this 2005 Act, the State Forester shall perform the
following duties:
(1) Establish a policy of active communication with the federal
government regarding the utilization of biomass from federal
lands. The State Forester shall actively utilize statutory
provisions of the National Forest Management Act of 1976, the
Forest and Rangeland Renewable Resources Planning Act of 1974,
the National Environmental Policy Act of 1969 and the Federal
Land Policy and Management Act of 1976 that allow the state to
participate in federal policy development in a manner that
expresses the policy established in section 1 of this 2005 Act.
(2) Promote public understanding, through education and
outreach, of the quantity and quality of biomass available on
federal lands and the potential for biomass utilization to assist
in reducing fire risk and enhancing forest health. The State
Forestry Department may serve as an information resource for
persons seeking to utilize biomass for energy development and may
conduct inventories of the types of biomass available. The
department may coordinate with the State Department of Energy,
the Economic and Community Development Department, Oregon State
University, the Oregon Forest Resources Institute or other
entities in any education and outreach performed pursuant to this
subsection.
(3) Promote public understanding that biomass utilization is an
effective tool for restoration of forests and for economic
development in rural communities.
(4) Develop and apply, with advice from the forestry program at
Oregon State University, the best available scientific knowledge
and technologies pertaining to biomass utilization when
developing rules under ORS 527.630.
(5) Seek opportunities to provide a reliable and sustainable
source of biomass from federal, tribal and state forests. + }
SECTION 3. { + The Legislative Assembly finds and declares
that:
(1) The State Forestry Department is uniquely suited, due to
experience in managing Oregon forests and understanding of the
proper methods of forest management, to participate in forest
management on federal lands located within the state.
(2) A collaborative relationship between the State Forestry
Department and the federal government for the management of
federal forests would improve federal forests by increasing the
information shared and by providing a local perspective on
site-specific determinations.
(3) The federal government has provided opportunities for state
agencies to become involved to a greater extent in the management
of federal lands through the use of the stewardship contract
agreements.
(4) Stewardship contract agreements incorporate principles of
ecosystem and forest health management that view the forest as a
whole, placing value on ecological benefits as well as commercial
uses, and emphasize forging strong partnerships with rural
communities in formulating the goals for the forest as well as
accomplishing the necessary harvest and management goals.
(5) The policy of this state is to encourage the cooperative
management of federal forestlands by the State Forestry
Department and the federal government through stewardship
contract agreements, participation in the development of federal
policy and participation in the forest management planning
processes of federal agencies. + }
SECTION 4. { + In furtherance of the policy established in
section 3 of this 2005 Act, the State Board of Forestry shall:
(1) Pursuant to Public Law 108-7 (2003), direct the State
Forester to seek and enter into stewardship contract agreements
with federal agencies to carry out forest management activities
on federal lands. The State Forester may, under the stewardship
contract agreements:
(a) Perform road and trail maintenance;
(b) Set prescribed fires to improve forest health, composition,
structure and condition;
(c) Remove vegetation and small diameter trees;
(d) Perform watershed restoration and maintenance;
(e) Restore wildlife habitat; and
(f) Control exotic weeds and species.
(2) Create a forum for public discussion about federal forest
management issues that may include, at the discretion of the
board, the appointment of advisory committees, the use of
existing advisory committees and procedures for holding public
hearings.
(3) Provide guidelines for the State Forestry Department and
State Forester to follow that contain directions regarding the
management of federal lands and that specify the goals and
objectives of the board regarding the management of federal
lands.
(4) Participate, to the extent allowed by federal law, in the
development of federal forest policies and the forest management
planning processes of federal agencies.
(5) Provide guidelines for the department to follow in
implementing this section. + }
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