ORS tit. 44, ch. 526, MISCELLANEOUS, PRESCRIBED FIRE LIABILITY PILOT PROGRAM, TEMPORARY PROVISION RELATING to A PRESCRIBED FIRE LIABILITY PILOT PROGRAM ARE COMPILED AS NOTES FOLLOWING ORS 526.905
ORS tit. 44, ch. 526, MISCELLANEOUS, PRESCRIBED FIRE LIABILITY PILOT PROGRAM, TEMPORARY PROVISION RELATING to A PRESCRIBED FIRE LIABILITY PILOT PROGRAM ARE COMPILED AS NOTES FOLLOWING ORS 526.905
Sections 14 to 17, chapter 611, Oregon Laws 2023, provide:
:BF8.(Prescribed Fire Liability Pilot Program)
Sec. 14. (1) As used in this section:
(a) "Cultural burn" means the intentional application of fire to land by an Indian tribe or cultural fire practitioner to achieve cultural goals or objectives identified by a tribal ordinance, traditional tribal custom or law of an Indian tribe, such as subsistence, ceremonial activities, biodiversity or other benefits.
(b) "Cultural fire practitioner" means a person associated with an Indian tribe with experience in burning to meet cultural goals or objectives, including subsistence, ceremonial activities, biodiversity or other benefits.
(c) "Indian tribe" means a federally recognized Indian tribe in Oregon.
(2) The State Forestry Department shall establish a Prescribed Fire Liability Pilot Program and administer the program.
(3) Notwithstanding subsection (2) of this section, the Department of Consumer and Business Services shall administer reimbursements for claims under the program.
(4) The program must be administered to:
(a) Increase the pace and scale of the use of prescribed fire and cultural burning.
(b) Reduce barriers for conducting prescribed fires and cultural burning.
(c) Support coverage for losses from prescribed fires and cultural burning by nonpublic entities such as cultural fire practitioners, private landowners, nongovernmental entities, Certified Burn Managers as defined in ORS 526.005, companies, contractors and operators.
(d) Support nonpublic entities, such as cultural fire practitioners, private landowners, nongovernmental entities, Certified Burn Managers, companies, contractors and operators, that are alleged to have caused damages resulting from prescribed fires or cultural burning.
(5) Under the program, the Department of Consumer and Business Services may reimburse claims related to:
(a) A prescribed fire conducted or supervised by the State Forester, a forest protective association or a rangeland protection association, pursuant to ORS 477.315 to 477.325.
(b) A prescribed fire in a forest protection district, as described in ORS 477.205 to 477.281, that is conducted or supervised by a Certified Burn Manager pursuant to ORS 526.360.
(c) A cultural burn conducted or supervised by a cultural fire practitioner.
(6) The Department of Consumer and Business Services may only reimburse a claim for recoverable damages, as described in ORS 477.089(2), or for actual costs, as described in ORS 477.068, subject to the provisions of ORS 477.120, if:
(a) The State Forester, a forest protective association, a rangeland protection association or a Certified Burn Manager reviewed and approved a burn plan before the prescribed fire or cultural burning;
(b) Any necessary permit was obtained before the prescribed fire or cultural burning was conducted;
(c) The prescribed fire or cultural burning complied with any requirements under a burn plan or permit;
(d) The claim was submitted to the Department of Consumer and Business Services not more than 60 days after an incident report was completed or as specified by rule by the State Forestry Department; and
(e) The State Forestry Department has certified that the claim satisfies the requirements of paragraphs (a) to (d) of this subsection.
(7) The limitations imposed by ORS 30.271 apply to claims under this section for losses arising from a prescribed fire or cultural burn.
(8) The State Forestry Department:
(a) Shall consult with other relevant state agencies, cultural fire practitioners, the State Forester, forest protective associations, rangeland protection associations and Certified Burn Managers to establish guidelines for the program.
(b) Shall adopt the guidelines by rule.
(c) Shall make the guidelines publicly available on a department website.
(d) Notwithstanding subsection (3) of this section, shall adopt rules to determine how claims under the program will be accepted and processed.
(e) Shall adopt by rule a definition of the term "prescribed fire" for purposes of implementing this section.
(f) Shall adopt rules establishing requirements for incident reports for prescribed fires and cultural burning.
(g) May adopt rules imposing requirements for eligibility for reimbursement of a claim under this section that are in addition to eligibility requirements described in subsection (6) of this section.
(9) A person who interacts with an Indian tribe or cultural fire practitioner pursuant to this section shall respect tribal sovereignty, customs and culture.
(10) Notwithstanding any other provision of law, the state's liability for all claims under this section and the guidelines developed by the State Forestry Department pursuant to subsection (8) of this section, shall be limited as described in this section and to the amount in the Prescribed Fire Claims Fund established by section 15 of this 2023 Act.
(11) The provisions of ORS 183.310 to 183.497 do not apply to rules adopted under this section.
(12) This section does not undermine or diminish the exercise of tribal sovereignty. [2023 c. 611, § 14]
Sec. 15. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Prescribed Fire Claims Fund. Interest earned by the fund shall be credited to the fund. All moneys in the fund are continuously appropriated to the Department of Consumer and Business Services for the program described in section 14 of this 2023 Act.
(2) The fund shall consist of all moneys credited to the fund, including moneys appropriated or transferred to the fund by the Legislative Assembly.
(3) If the department authorizes the Oregon Insurance Guaranty Association to administer the program, the department shall distribute moneys in the fund to the association as necessary for the program. [2023 c. 611, § 15]
Sec. 16. (1) Sections 14 and 15 of this 2023 Act are repealed on January 2, 2028.
(2) Forty-five days before the date specified in subsection (1) of this section, the Department of Consumer and Business Services and the State Forestry Department shall determine the number of claims certified by the State Forestry Department pursuant to section 14 (6)(e) of this 2023 Act that have not been processed.
(3) Any moneys in the Prescribed Fire Claims Fund that are unexpended and unobligated on the date of the repeal of sections 14 and 15 of this 2023 Act by subsection (1) of this section shall revert to the General Fund.
(4) The Department of Consumer and Business Services shall determine the amount of unexpended and unobligated moneys described in subsection (3) of this section, based on the amount remaining in the fund and the number of claims described in subsection (2) of this section. [2023 c. 611, § 16]
Sec. 17. (1) On or before April 1, 2028, in consultation with the Department of Consumer and Business Services, the State Forestry Department shall report to the Governor and to a committee or interim committee of the Legislative Assembly related to natural resources, in the manner prescribed in ORS 192.245, on the performance of the Prescribed Fire Liability Pilot Program described in section 14 of this 2023 Act.
(2) The report must include:
(a) The number of claims that were processed after the program was established and before the date of the report.
(b) The total costs of claims paid.
(c) A reference to an incident report for each claim processed or paid after the program was established and before the date of the report.
(d) Recommendations for revising the program and improving administration of the program if sections 14 and 15 of this 2023 Act are not repealed on January 2, 2028, pursuant to section 16 of this 2023 Act. [2023 c. 611, § 17]