Chapter 5.25
TIMBER EXPORT
Sections:
5.25.020 Definitions – ORS 526.801.
5.25.040 Exemption from export prohibition – ORS 526.806.
5.25.050 Certification by bidders for public timber – ORS 526.816.
5.25.060 Barring timber export violators from unprocessed public timber purchases – ORS 526.826.
5.25.070 Contract cancellation for timber export violation – ORS 526.831.
5.25.080 Timber export violation criminal and civil penalties – ORS 526.992.
5.25.010 Purpose.
A chapter regulating the export of unprocessed timber from County owned forest lands containing the standards and procedures that implement the Federal Forest Resources Conservation and ShortAge Relief Act of 1990, as specified in ORS 526.821. [Ord. 92-16.]
5.25.020 Definitions – ORS 526.801.
As used in ORS 526.801 to 526.831 and 526.992 and this chapter:
“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.
“Person” means an individual, a partnership, a public or private corporation, an unincorporated association or any other legal entity. “Person” 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.
“Private Lands” means land within the State of Oregon owned by a person. “Private lands” does not include federal lands or nonfederal public lands or any lands the title to which is:
1. Held in trust by the United States for the benefit of any Indian tribe or individual;
2. Held by any Indian tribe or individual subject to a restriction by the United States against alienation.
“Public Body” means an agency of the State of Oregon or of any other political subdivision.
“Public Lands” means land owned by the State of Oregon or by any other political subdivision.
“Unprocessed Timber” means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. “Unprocessed timber” does not include timber processed into any one of the following:
1. 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;
2. 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 four sides, not to exceed 12 inches (nominal) in thickness;
3. Lumber, construction timbers or cants for remanufacture that do not meet the grades referred to in subsections (1) and (2) of this section and are sawn on four sides, with wane less that one-fourth of any face, not exceeding eight and three-fourths inches in thickness;
4. Chips, pulp, or pulp products;
5. Veneer or plywood;
6. Poles, posts or piling cut or treated with preservatives for use as such;
7. Shakes or shingles;
8. Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp;
9. Pulp logs or cull logs processed at domestic pulp mills, domestic ship plants or other domestic operations for the purpose of conversion of the logs into chips;
10. Firewood cut in pieces 48 inches or less in length. [Ord. 92-16 § 1.]
5.25.030 Prohibition against export of unprocessed timber – Prohibition against certain public timber purchases – ORS 526.806.
A. It is unlawful to export unprocessed timber originating from public lands in Oregon.
B. All unprocessed timber that originates from public lands is prohibited from export.
C. In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from a public agency may purchase public timber from any other person. Acquisitions of Western Red Cedar that are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibitions contained in this section. [Ord. 92-16 § 2.]
5.25.040 Exemption from export prohibition – ORS 526.806.
The prohibitions against export contained in ORS 526.801 to 526.831 and 526.992 and this chapter shall not apply to specific quantities of grades and species of unprocessed timber originating from public land which the United States Secretary of Agriculture or Secretary of the Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States. [Ord. 92-16 § 3.]
5.25.050 Certification by bidders for public timber – ORS 526.816.
In addition to all other requirements of law, any person submitting a bid for the purchase of public timber must certify to the following:
A. The person will not export directly or indirectly unprocessed public timber;
B. The person will not sell, transfer, exchange or otherwise convey unprocessed public timber to any other person without obtaining a certification from the person of the person’s intent to comply with ORS 526.801 to 526.831 and 526.992 and this chapter; and
C. Unless exempted by rule of a public agency, the person has not 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. [Ord. 92-16 § 4.]
5.25.060 Barring timber export violators from unprocessed public timber purchases – ORS 526.826.
A public agency may debar any person who violates any provision of ORS 526.801 to 526.831 and 526.992 or any rule adopted pursuant thereto, from entering into any contract for the purchase of unprocessed timber from public lands for a period of not more than five years. Such person shall also be precluded from taking delivery of public timber purchased by another party for the period of debarment. [Ord. 92-16 § 5.]
5.25.070 Contract cancellation for timber export violation – ORS 526.831.
A public agency may cancel any contract entered into with a person found to have violated any provision of ORS 526.801 to 526.831 and 526.992 and this chapter, or any rule adopted pursuant thereto. [Ord. 92-16 § 6.]
5.25.080 Timber export violation criminal and civil penalties – ORS 526.992.
A. A person who, with willful disregard for the prohibitions contained in ORS 526.801 to 526.831 and 526.992 against exporting public timber, exported or caused to be exported unprocessed timber originating from public lands in violation of this chapter is guilty of a Class C felony and may be assessed a civil penalty not to exceed $500,000 for each violation or three times the gross value of the unprocessed timber involved in the violation, whichever amount is greater.
B. If the agency concerned finds, on the record and after an opportunity for a hearing, that a person has violated any provision of ORS 526.801 to 526.831 and 526.992 or any rule issued pursuant thereto relating to land which the agency administers (notwithstanding that such violation may not have caused the export of unprocessed public timber in violation of this chapter), such agency may:
1. Assess against such person a civil penalty not more than $75,000 for each violation if it is determined that the violation was casual or involuntary.
2. Assess against such person a civil penalty not more than $500,000 or three times the gross value of the unprocessed timber involved in the violation, whichever amount is greater, if it is determined that the person committed such violation willfully. Any person who willfully commits such a violation is guilty of a Class C felony.
3. Any civil penalty imposed under this section shall become due and payable when the person incurring the penalty receives a notice in writing of the imposition of the penalty. The notice may be personally served on the person incurring the penalty or may be sent by registered or certified mail.
4. The person incurring the penalty shall have 20 days from the date of receiving the notice to make written application for a hearing.
5. Any person who makes application as provided for in subsection (B)(4) of this section shall be entitled to a hearing. The hearing shall be conducted as a contested case hearing pursuant to the applicable provisions of ORS 183.413 to 183.470.
6. Judicial review of an order made after a hearing under subsection (B)(5) of this section shall be as provided in ORS 183.480 to 183.497 for judicial review of contested cases.
7. When an order assessing a civil penalty under this section becomes final by operation of law or on appeal, and the amount of penalty is not paid within 10 days after the order becomes final, the order may be recorded with the county clerk in any county of this state. The clerk shall thereupon record the name of the person incurring the penalty and the amount of the penalty in the county clerk lien record.
8. All monies recovered pursuant to this section shall be paid into the State Forestry Department Account and may be used only to pay the expenses of administration, investigation and enforcement of ORS 526.801 to 526.831 and 526.992 by the State Forester or any law enforcement agency. [Ord. 92-16 § 7.]