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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF FORESTRY

 

DIVISION 31

LOG EXPORT RULES

629-031-0005

Definitions

(1) "Export" means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign destination.

(2) "Performance Bond" means the security required by a state timber sale contract which ensures satisfactory performance of contract requirements by the timber sale purchaser. A performance bond may be in the form of a surety bond, cash, negotiable securities, irrevocable letter of credit, or an assignment of surety.

(3) "Person" means an individual, a partnership, a public or private corporation, an unincorporated association, or any other legal entity. The term includes any subsidiary subcontractor, parent company or other affiliate. Business entities are considered affiliates when one controls or has the power to control the other or when both are controlled directly or indirectly by a third person.

(4) "Private Lands" means lands within the State of Oregon owned by a person. The term does not include federal lands or non-federal public lands, or any lands the title to which is:

(a) Held in trust by the United States for the benefit of any Indian tribe or individual;

(b) Held by any Indian tribe or individual subject to a restriction by the United States against alienation; or

(c) Held by any Native Corporation as defined in Section 3 of the Alaska Native Claims Settlement Act (43 USC 1602).

(5) "Purchaser" means person who has entered into a state timber sale contract with the State Forester.

(6) "State Lands" means lands owned by the Board of Forestry under ORS Chapter 530 or any lands managed by the State Forester by agreement with the State Land Board.

(7) "State Timber" means any timber owned by the Board of Forestry under ORS Chapter 530 or any timber managed by the State Forester by agreement with the State Land Board.

(8) "State Timber Sales Contract" means any timber under contract with the State Forester which is owned by the Board of Forestry under ORS Chapter 530 or any timber under contract with the State Forester and managed or sold by agreement with the State Land Board.

(9) "Unprocessed Timber" or "Unprocessed State Timber" means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. The term does not include timber processed into any one of the following:

(a) Lumber or construction timbers, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on four sides, not intended for remanufacture;

(b) Lumber, construction timbers, or cants for remanufacture, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn on 4 sides, not to exceed 12 inches (nominal) in thickness;

(c) Lumber, construction timbers, or cants for remanufacture, that do not meet the grades referred to in clause (b) and are sawn on four sides, with wane less than 1/4 of any face, not exceeding 8-3/4 inches in thickness;

(d) Chips, pulp, or pulp products;

(e) Veneer or plywood;

(f) Poles, posts, or piling cut or treated with preservatives for use as such;

(g) Shakes or shingles;

(h) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp;

(i) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips.

(j) Firewood cut in pieces 48 inches or less in length.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.801 - ORS 526.992 & ORS 530.010 - ORS 530.020
Hist.: FB 8-1990(Temp), f. 10-19-90, cert. ef. 11-1-90; FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

629-031-0010

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 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 629-031-0030.

(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 629-30-030.

Stat. Auth.: ORS 530.050(10) & 526.041(1)
Stats. Implemented: ORS 530.059 & 526.801 - 526.992
Hist.: FB 8-1990(Temp), f. 10-19-90, cert. ef. 11-1-90; FB 10-1990, f. 12-18-90, cert. ef. 12-20-90; DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00

629-031-0015

Prohibition Against Indirect Substitution

In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the State Forester 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 530
Stats. Implemented: ORS 526.806, ORS 530.040 & ORS 530.050
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

629-031-0020

Applicable State Timber

All unprocessed timber, as defined in OAR 629-031-0005, which originates from state lands is prohibited from export.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.806, ORS 530.040 & ORS 530.050
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

629-031-0025

Surplus Timber

The prohibitions against export contained in OAR 629-031-0005 to 629-031-0045 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 530
Stats. Implemented: ORS 526.811, ORS 530.040 & ORS 530.050
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

629-031-0030

Reporting Requirements

(1) Before the State Forester will issue final acceptance of timber sale contract requirements, a purchaser of state timber or logs must:

(a) Notify the State Forester 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;

(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 State Forester and shall be forwarded to the State Forester upon completion of the transaction. Obtaining a certification shall not relieve the purchaser's responsibility to provide the State Forester 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, until satisfactory notification of the state timber or logs delivery destination has been received by the State Forester.

(3) Failure to provide the State Forester 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 629-031-0035.

Stat. Auth.: ORS 530.050(10) & 526.041(1)
Stats. Implemented: ORS 530.059 & 526.801 - 526.992
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90; DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00

629-031-0035

Purchaser Disqualification and Termination of Contracts

(1) The State Forester shall keep a record of any person who violates the requirements of OAR's 629-031-0005 to 629-031-0040.

(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 629-031-0005 to 629-031-0040 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 may cease operations on and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 629-031-0005 to 629-031-0040, and assess damages according to the following formula:

(a) 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 estimate of remaining volume, multiplied by the dollar values stated in the contract.

Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.826 & ORS 530.059
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

629-031-0040

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.

Stat. Auth.: ORS 530.050(10) & 526.041(1)
Stats. Implemented: ORS 530.059 & 526.801 - 526.992
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90; DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00

629-031-0045

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

Stat. Auth.: ORS 530
Stats. Implemented: ORS 526.801 - ORS 526.992, ORS 530.010 - ORS 530.520 & ORS 532.010 - ORS 532.100
Hist.: FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

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