Or. Admin. Code § 629-022-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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) "Actual Trust Cost" means the portion of Incurred Costs paid by the Trust.

(2) "Adequately Stocked" means the number and size of the trees growing within a Forest Stand meets the standards determined by the State Forester in OAR 629-022-0390.

(3) "Approved Consulting Services" means services and supplies to be provided by a Resource Management Professional approved by the State Forester as specified in a Forest Resource Trust loan program contract or cost-share agreement.

(4) "Approved Practices" means the schedule and manner of forest Practices, Environmental Restoration and related materials and supplies approved by the State Forester.

(5) "Budgeted Cost" means the expected cost of an Approved Practice or an Approved Consulting Service.

(6) "Carbon Offsets" means credits registered or used, transferred or sold to comply with air quality or other greenhouse gas mitigation measures for the purpose of compensating for emissions of carbon dioxide from other sources such as the burning of fossil fuels for energy production. Carbon Offsets are not considered to be a Forest Product as defined in OAR 629-22-040(15).

(7) A "Catastrophe" means an event or circumstance beyond the Landowner's control, resulting in all or part of a Forest Stand being incapable of producing harvest revenues to make repayment of Trust funds as described in OAR 629-022-0300.

(8) "Consulting Services" means services and supplies to be provided by a Resource Management Professional necessary to conduct a Practice or Environmental Restoration.

(9)"Conversion" means an Operation conducted on Underproducing Forestland with the objective of removing undesirable competing vegetation, including the incidental harvest of Forest Products and establishing an Adequately Stocked, Free to Grow Forest Stand.

(10) "Direct Cost Payment" means the disbursement of Forest Resource Trust funds on behalf of the Landowner for up to 100 percent of the Incurred Cost of an Approved Practice or Approved Consulting Service as specified in a Loan Program Contract.

(11) "Ecosystem Services" means environmental benefits arising from the conservation and management of forestland, including, but not limited to, fish and wildlife habitat, clean water and air, pollination, mitigation of environmental hazards, control of pests and diseases, carbon sequestration, avoidance of carbon dioxide emissions and maintenance of soil productivity.

(12) "Environmental Restoration" means a practice that protects, restores or improves natural resources. For example, an Environmental Restoration practice may enhance wildlife habitat for a sensitive species such as the osprey or a threatened species such as the bald eagle; improve water quality, reduce water temperature, or provide large woody debris to a stream in a watershed enhancement area; improve the health of an insect damaged or diseased forest; or protect soils from erosion or degradation.

(13) "Final Harvest" means forest products are removed from the stand to create a Harvest Type 1, or 3 condition, described as:

(a) "Harvest Type 1" means an Operation that requires reforestation but does not require wildlife leave trees. A Harvest Type 1 is an Operation that leaves a combined stocking level of Free To Grow seedlings, saplings, poles and larger trees that is less than the stocking level established by rule of the board that represents adequate utilization of the productivity of the site.

(b) "Harvest Type 3" means an Operation that requires reforestation and requires wildlife leave trees. This represents a level of stocking below which the size of Operations is limited under ORS 527.740 and 527.750.

(14) "Forestland" means land zoned in a county comprehensive plan for forest or farm use that is capable of producing commercial hardwood or softwood Timber, regardless of the vegetation currently on the land.

(15) "Forest Products" include, but are not limited to, logs, poles and pilings, lumber, chips, and pulp.

(16) "Forest Stand" means the aggregation of all trees within the project boundary.

(17) "Free To Grow" means the State Forester has determined that a Forest Stand has well distributed trees, of acceptable species and of good form and has a high probability of remaining or becoming vigorous, healthy and dominant over undesired competing vegetation.

(18) "Harvest" means the Forest Products in a Forest Stand are cut, severed, removed or sold.

(19) "Incurred Costs" means the actual invoiced amount from a Provider of Services or a Provider of Supplies for completing an Approved Practice or Approved Consulting Service; or the Budgeted Cost for the Approved Practice or Approved Consulting Service; whichever is lower.

(20) "Landowner" means the Person or Persons who are eligible to apply for or receive financial and technical assistance through Forest Resource Trust programs.

(21) "Loan Program Contract" means the Forest Resource Trust contract that is signed by the State Forester and the Landowner as the means to receive financial and technical assistance under the Forest Resource Trust's loan program.

(22) "Low Site Forestland" means Forestland that is capable of annual wood production between 20 and 119 cubic feet per acre per year at culmination of mean annual increment (Cubic Foot Site Class IV, V and VI).

(23) "No Salvage Value" means Forest Products remaining within portions of the Forest Stand affected by a Catastrophe that have no economic value or insufficient economic value such that any Salvage Operation resulting in the Harvest Type 1 or Harvest Type 3 Operation would meet the provisions of OAR 629-610-0070.

(24) "Nonindustrial Private Forestland Owner" means:

(a) Any forest Landowner who has not owned a forest product manufacturing facility within the past 6 months that employed more than 6 people; and

(b) Is not owned or partially owned, or controlled, by any Person who has owned a forest products manufacturing facility within the past 6 months that employed more than 6 people.

(25) "Operation" means any commercial activity relating to the growing or harvesting of forest tree species.

(26) "Person" means an individual, partnership, corporation, Limited Liability Company, trustee, business or other entity.

(27) "Practice" means an operational forest activity identified in the project plan that results in stand establishment or the improved management of Forestland.

(28) "Project" means the Practices, Environmental Restoration and consulting services required to establish a Forest Stand or improve the management of Forestland.

(29) "Provider of Services" means an individual, business, or other entity that has the knowledge, skills, equipment, and ability to plan, conduct or supervise Approved Practices or Approved Consulting Services.

(30) "Provider of Supplies" means an individual, business, or other entity that provides supplies used to implement Approved Practices or Approved Consulting Services.

(31) "Qualified Private or Local Government Forestland Owner" means any Landowner that holds fee title to Forestland except state or federal government agencies.

(32) "Resource Management Professional" means a Person who the State Forester recognizes as having the ability to develop Landowner plans for managing the biological, economic, and environmental relationships of forest resources, and to identify appropriate activities to manage, protect, or enhance forest resources, and who has:

(a) A degree in forestry, biology or related sciences, plus at least a year of forestry consulting or employment experience; or

(b) An associate degree in forestry, biology or related sciences, plus at least 5 years of forestry consulting or employment experience.

(33) "Salvage" means Harvest of trees that are dead, dying or damaged and deteriorating.

(34) "State Forester" means the State Forester as defined in ORS 526.031 or any duly authorized representative or any successor thereto.

(35) "Timber" means all logs which can be measured in board feet and other Forest Products.

(36) "Trust" means the Forest Resource Trust as authorized in ORS 526.700 through 526.775.

(37) "Unapproved Costs" means Incurred Costs related to Practices or consulting services that were:

(a) Not approved or budgeted for payment by the Trust; or

(b) Approved Practices or consulting services that were not completed to the satisfaction of the State Forester.

(38) "Underproducing Forestland" means any Forestland that is capable of producing at least 20 cubic feet of wood fiber per acre per year at culmination of mean annual increment, but does not currently support the minimum number of Free To Grow trees required in the reforestation rules under the Forest Practices Act.

Or. Admin. Code § 629-022-0040

FB 4-1994, f. & cert. ef. 8-3-94; DOF2-2007, f. 1-10-07 cert. ef. 1-11-07; DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Stat. Auth.: ORS 526.700 - 526.730 & 526.745

Stats. Implemented: ORS 526.695 - 526.775