Or. Admin. Code § 629-031-0005

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

Section 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.

Or. Admin. Code § 629-031-0005

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

Stat. Auth.: ORS 530

Stats. Implemented: ORS 526.801 - ORS 526.992 & ORS 530.010 - ORS 530.020