2017 ORS 530.110¹
Distribution of revenues from lands acquired under ORS 530.010 to 530.040

(1) All revenues derived from lands acquired without cost to the state, or acquired from counties pursuant to ORS 530.030 (Conveyance of county lands to state), shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used in accordance with the following distribution:

(a) Fifteen percent shall be credited to the State Forests Protection Subaccount of the State Forestry Department Account until the amount in such subaccount reaches $475,000. Thereafter, the revenues shall be disposed of as stated in paragraphs (b) and (c) of this subsection, unless needed to maintain the $475,000 level. All moneys in the State Forests Protection Subaccount are continuously appropriated to the State Forester who may use such money under the following priorities:

(A) First, in addition to or in lieu of other moneys available, to pay the cost of protection, as determined under ORS 477.270 (Budgeted cost of forester to be lien), for lands acquired under ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber).

(B) Second, to provide moneys needed for activities authorized by subsection (3) of this section.

(C) From remaining moneys, to pay costs incurred in the suppression of fire originating on or spreading from an operation area, as defined in ORS 477.001 (Definitions), on state-owned forestland acquired under ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber). The State Forester shall make payments with approval of the State Board of Forestry for such fire suppression costs, except that no payments shall be made for such costs or portion thereof when other parties are responsible under law or contracts for the payment of such costs.

(b) Seventy-five percent of all such revenues remaining after the percentage disposed of as stated in paragraph (a) of this subsection, shall be disposed of as provided in ORS 530.115 (Disposition of certain moneys described in ORS 530.110).

(c) Twenty-five percent of all such revenues remaining after the percentage disposed of as stated in paragraph (a) of this subsection, shall be used for the purposes set out in subsection (3) of this section.

(2) Except as provided in ORS 530.147 (Forest Development Revenue Bond Fund) and 530.280 (State Forestry General Obligation Bond Fund), all revenues from lands other than lands designated in subsection (1) of this section, acquired under ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.040 (Exchange of forestland or timber), shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used in accordance with the following distribution:

(a) Until each legal subdivision of the lands has been credited with an amount equal to the purchase price thereof, the revenues shall reimburse the State Forestry Department Account. If sufficient revenue to reimburse the State Forestry Department Account is not generated from the purchased parcels within five years from the date of acquisition, the State Forester, with the consent of the affected county, shall deduct all or portions of the unreimbursed purchase costs from the revenue distributed to that county in accordance with ORS 530.115 (Disposition of certain moneys described in ORS 530.110) (1). After the State Forestry Department Account has been reimbursed for the purchase price of the lands, the revenue from the lands shall be distributed according to the formula specified in paragraphs (b), (c) and (d) of this subsection.

(b) The percentage required under subsection (1)(a) of this section shall be credited to the State Forests Protection Subaccount, and the revenues shall be disposed of as stated in paragraphs (c) and (d) of this subsection.

(c) Seventy-five percent of all such revenues remaining after paragraphs (a) and (b) of this subsection have been complied with, shall be disposed of as provided in ORS 530.115 (Disposition of certain moneys described in ORS 530.110).

(d) Twenty-five percent of all such revenues remaining after the percentage disposed of as stated in paragraphs (a) and (b) of this subsection, shall be used for the purposes set out in subsection (3) of this section.

(3) Unless otherwise consented to in advance and in writing by the counties from which the state has acquired lands without cost to the state or pursuant to ORS 530.130 (Issuance of revenue bonds to acquire lands), the moneys in the State Forestry Department Account derived from those percentages of revenues set out in subsections (1)(c) and (2)(d) of this section shall be used exclusively for the following purposes and in the following order:

(a) First, for the payment of bond related costs for bonds issued under ORS 530.140 (Forest development revenue bonds) prior to July 28, 2009.

(b) Second, to the Forest Acquisition County Reimbursement Fund to the extent necessary for paying tax revenue reimbursements to counties under ORS 530.175 (Forest Acquisition County Reimbursement Fund).

(c) Third, for such other purposes as are necessary in carrying out ORS 530.010 (State Board of Forestry authorized to acquire lands) to 530.110 (Distribution of revenues from lands acquired under ORS 530.010 to 530.040). [Amended by 1953 c.65 §5; 1957 c.83 §14; 1965 c.317 §6; 1965 c.423 §2; 1969 c.428 §1; 1991 c.459 §423; 1991 c.876 §1; 1997 c.249 §180; 2007 c.911 §8; 2009 c.831 §§10,11]

Atty. Gen. Opinions

Distribu­tion of revenues from forest lands acquired from counties, (1980) Vol 40, p 256; Disposi­tion of proceeds of mineral lease auc­tion of lands acquired without cost to state by Board of Forestry, (1985) Vol. 44, p 373

Law Review Cita­tions

22 EL 797 (1992)

Notes of Decisions

Where county transferred forest land that it could have kept and administered for its own benefit to state “in considera­tion of the pay­ment to the county of the percentage of revenue derived from such lands,” county is entitled to enforce that claim and state cannot avoid its obliga­tion to county by conveying the prop­erty to third per­son. Tillamook Co. v. State Board of Forestry, 302 Or 404, 730 P2d 1214 (1986)

Chapter 530

Law Review Cita­tions

42 EL 1275 (2012)

1 Legislative Counsel Committee, CHAPTER 530—State Forests; Community Forests, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors530.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 530, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano530.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.