Stat. Auth.:ORS321, 477 & 477.770 Stats. Implemented:ORS183.335, 183.341, 477.440 - 477.460 & 477.750 - 477.775 Hist.: Fb 21, F. 9-25-69, Renumbered From 629-044-0165...

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_629/629_165.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DIVISION 165
OREGON FOREST LAND PROTECTION
FUND
629-165-0000
Definitions
The definitions set forth in ORS 477.001
are made a part of this division by this reference; and the following definitions
also apply:
(1) “Administrator”
means a staff member of the State Forestry Department designated by the State Forester
to act as secretary of the committee and to carry out the provisions of ORS 477.440
to 477.460 in such manner as the committee shall direct.
(2) “Committee”
means the Emergency Fire Cost Committee established pursuant to ORS 477.440.
(3) “District" means a
forest protection district pursuant to ORS 477.225.
(4) “Emergency fire”
means a fire that due to the specific circumstances of the fire, requires more suppression
resources to control and extinguish than the district can reasonably provide within
the approved district budget, based on declared fire season resource levels, whether
or not the fire occurs during a declared fire season (see also OAR 629-165-0005).
(5) “Emergency fire suppression
costs” means those fire suppression costs attributable to an emergency fire
that exceed:
(a) The costs of the fire suppression
response provided by the approved district budget as further described in OAR 629-165-0005;
and
(b) An additional per fire or
per day cost of suppression further defined in OAR 629-165-0010.
(6) “Fiscal year”
means the period beginning July 1 of any year and ending June 30 of the next year.
(7) "Oregon Forest Land Protection
Fund (OFLPF or the fund)" means that account established in the State Treasury as
a trust fund for the purpose of equalizing emergency fire suppression costs and
other listed purposes pursuant to ORS 477.750 to 477.775.
(8) "Regular fire suppression
costs " means those fire suppression costs which are annually budgeted for and incurred
by a forest protection district pursuant to ORS 477.205 to 477.281.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69;
FB 1-1981, f. 6-10-81, ef. 7-1-81, Renumbered from 629-044-0100; FB 1-1995, f. &
cert. ef. 1-12-95; FB 3-1996, f. & cert. ef. 3-13-96; Renumbered from 629-061-0000
by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14
629-165-0005
Emergency Fires
As defined in OAR 629-165-0000 (4), an
emergency fire is a fire that due to the specific circumstances of the fire, requires
more suppression resources to control and extinguish the fire than the district
can reasonably provide within the approved district budget based on declared fire
season resource levels, whether or not the fire occurs during a declared fire season.
The following are examples of emergency fires:
(1) A fire occurs in August,
when the district is at full strength. The pre-planned dispatch for the fire at
this time and place (as an example) specifies two engines, six persons and a district
dozer. If these forces are inadequate to suppress the fire and additional forces
must be hired, it becomes an emergency fire;
(2) If a fire in the same location
as in section (1) occurs in February, when the readiness resources are substantially
less, the district must still suppress the fire. Hired resources from cooperators
will normally be used to supplement limited district resources. The fire becomes
an emergency fire when hired and regular district resources exceed the resources
equivalent to the fire season pre-planned dispatch of two engines, six persons and
a dozer;
(3) An emergency fire situation
may occur when there are multiple fires in a district, even though none of the fires
individually have exceeded the planned dispatch level, if the total effort of all
the fires exceeds the district’s budgeted resource level. This situation most
frequently occurs during and after widespread lightning events. Additional resources,
hired to supplement regular forces in the described multiple fire situation, are
emergency fire resources eligible for payment from the OFLPF.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: DOF 3-2013, f. 12-9-13,
cert. ef. 1-1-14
629-165-0010
Additional Amount Not Considered
Emergency Fire Suppression Costs
(1) Notwithstanding OAR 629-165-0005, it
is a policy of the committee that a district is expected to pay an amount of fire
suppression costs in addition to the pre-planned dispatch, before any costs are
considered emergency fire suppression costs. This additional amount in most cases
will be $25,000 per day or per fire as follows:
(a) If multiple fires occur
on the same day within a district, only one additional amount of $25,000 may be
applied to the sum of the costs of all the fires that began on that day.
(b) If any individual fire or
group of fires that began on the same day (or from the same lightning storm that
continues into a second day, at the discretion of the committee) burns past midnight,
or the suppression action continues for multiple days, only one additional amount
of $25,000 may be applied to the sum of the costs of those fires.
(c) If one fire or a group of
fires begin on one day and suppression action continues for multiple days, and then
a new fire or group of fires begin on a different day, an additional amount of $25,000
may be applied to each day that new fires are ignited.
(2) The additional amount described
in section (1) may be modified or waived by the committee if conditions so warrant.
Conditions that may warrant modification or waiver include, but are not limited
to:
(a) The unencumbered balance
of the fund is determined to be in excess of the reserve base established in ORS
477.760.
(b) A district requesting waiver
has over-expended the regular protection budget for the year in which the waiver
request is made.
(3) If the additional amounts
described in section (1) of this rule directly result in an increase in a district’s
annual budget greater than fifteen cents per acre on timberland or six cents on
grazing land, the committee may waive that part in excess of these amounts. It
is the committee’s intent that the maximum effect of section (1) of this rule
on a district budget will be limited to an additional fifteen cents per acre on
timberland and six cents per acre on grazing land.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: DOF 3-2013, f. 12-9-13,
cert. ef. 1-1-14
Deductibles
629-165-0100
Deductible Amount per Acre
Emergency fire suppression costs are subject
to a deductible amount based on protected acres in the district. The committee shall
establish the deductible amount for each district on or before January 15 of each
year. The deductible amount shall be an amount for each acre covered by the timber
budget and an amount for each acre covered by the grazing budget established under
ORS 477.230, but may not exceed the limit established under 477. 770.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69;
FB 2-1978, f. 1-6-78, ef. 7-1-78; FB 1-1981, f. 6-10-81, ef. 7-1-81; FB 6-1982,
f. 6-16-82, ef. 7-1-82, Renumbered from 629-044-0105; FB 1-1995, f. & cert.
ef. 1-12-95; FB 3-1996, f. & cert. ef. 3-13-96; FB 5-1996, f. & cert. ef.
6-13-96; Renumbered from 629-061-0005 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14
Fund Balances
629-165-0200
Unencumbered Balance
(1) ORS 477.760(1) requires the committee,
on or about the last day of February of each year, to meet and determine the unencumbered
balance of the fund as of February 16 of the same year.
(2) The meeting to determine
the unencumbered balance will normally occur at the regularly scheduled meeting
of the committee prior to the Board of Forestry meeting in early March.
(3) The unencumbered balance
of the fund shall be calculated as the actual cash balance in the state treasury
on February 16; less the best available estimate of eligible suppression cost claims
for fires occurring before February 16, but not yet paid; less estimated administrative
expenses through February 16, but not yet paid; less any other anticipated payments
known to the committee at that time due for expenses committed prior to February
16, but not yet paid.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: DOF 3-2013, f. 12-9-13,
cert. ef. 1-1-14
629-165-0210
Transfer of Funds from State Treasurer
(1) Pursuant to ORS 477.760 (2), the committee
is authorized to request a transfer of funds from the State Treasurer to the OFLPF
at any time and in any amount that does not cause the fund to exceed the reserve
base specified in ORS 477.760 (1).
(2) To minimize the effect of
repayment of transfers on the landowner community, it is the committee’s intent
that the amount of transfer requested should be limited to an amount by which known
and anticipated claims will exceed the sum of the cash balance in the fund and the
anticipated revenues for the remainder of the fiscal year.
(3) If the monies in the OFLPF
are inadequate to ensure repayment of the transfer and the interest thereon, the
State Forester must increase the assessments, surcharge and harvest tax in equal
proportions for the ensuing fiscal and calendar years, respectively, adequate to
make repayment of the transfer:
(a) The increase in assessments
in the next fiscal year will apply to:
(A) The surcharge on improved
lots referred to in ORS 477.277;
(B) The OFLPF portion of the
minimum assessment referred to in ORS 477.295; and
(C) The acreage assessments
referred to in ORS 477.880.
(b) The increase in taxes in
the next calendar year will apply to the forest products harvest tax referred to
in ORS 321.015(2).
(4) Negotiations for and approval
of any transfer should be completed as soon as practicable after February 16 of
any year that a transfer is necessary, to allow the State Forester sufficient time
to meet the requirements of ORS 477.760, requiring increases to assessment, surcharge
and harvest tax rates for the ensuing fiscal and calendar years, respectively.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: DOF 3-2013, f. 12-9-13,
cert. ef. 1-1-14
Claims Processes
629-165-0300
Evidence of Necessity
When payment is claimed from the fund for
emergency fire suppression costs incurred on a fire where an owner, operator or
other person has an obligation to pay those costs pursuant to ORS 477.068, 477.085
or 477.120, the district warden must provide evidence to the administrator supporting
the necessity of advancing payment, pending ultimate resolution. Evidence which
may be acceptable to the administrator must include, but is not limited to:
(1) A statement signed by the
district warden stating the entity responsible for fire suppression costs has refused
to accept responsibility or is unable to pay fire costs;
(2) A notification to the administrator
that fire cost recovery proceedings have been initiated against an owner, operator
or other person that has an obligation to pay fire suppression costs;
(3) A statement from an authorized
State Forester's staff member or by an assistant attorney general that fire suppression
costs are deemed uncollectible. This statement must include the reason for the decision;
or
(4) A statement by a district
warden that recovery of fire costs appears to be assured, but delays in the recovery
process will make it necessary to support the district’s financial resources
until costs can be processed, the responsible party is billed and payment is received.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69,
Renumbered from 629-044-0115; FB 1-1995, f. & cert. ef. 1-12-95; Renumbered
from 629-061-0015 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14
629-165-0305
Qualifications for Payment
(1) The administrator must pay only those
emergency fire suppression costs as described in this rule, incurred by a district
during the fiscal year, if the district has first expended for similar or other
emergency fire suppression costs the deductible amount described in OAR 629-165-0100.
(2) When a fire originates in
one fiscal year and continues burning in a subsequent fiscal year, all emergency
fire suppression costs for that fire shall be included in the expenditures for the
year in which the fire started.
(3) Emergency fire suppression
costs eligible for payment by the OFLPF include, but are not limited to labor, services,
transportation, supplies, reconditioning and rental equipment, and expenses incurred
for the recovery of fire suppression costs.
(4) Emergency fire suppression
costs, where applicable, are based on the wage rates and equipment rental rates
approved by the State Forester.
(5) Notwithstanding section
(3) of this rule, the committee may further limit qualifying emergency fire suppression
costs, by publishing its qualifications in a form readily available to the districts,
prior to the beginning of the fiscal year in which expenses are incurred.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69;
FB 24, f. 6-11-71, ef. 7-11-71, Renumbered from 629-044-0120; FB 1-1995, f. &
cert. ef. 1-12-95; Renumbered from 629-061-0020 by DOF 3-2013, f. 12-9-13, cert.
ef. 1-1-14
629-165-0310
Payments for Fire Suppression Costs
(1) The administrator must pay to any district
an amount from the fund equal to the emergency fire suppression costs such district
has qualified for under OAR 629-165-305. The payment shall be 100 percent of the
itemized certified costs unless otherwise determined by the committee.
(2) In the event the administrator
makes a payment under section (1) of this rule that is less than 100 percent of
the itemized and certified emergency fire suppression costs, final payment must
not be made until all emergency fire suppression cost claims against the fund have
been submitted for the subject fiscal year.
(3) Each payment under section
(1) of this rule is a conditional payment until:
(a) All emergency fire suppression
cost claims against the fund have been submitted for the subject fiscal year;
(b) The administrator has audited
the claims; and
(c) The committee has approved
the audited claims.
(4) The district must reimburse
the fund for any conditional payments that are disapproved by the committee.
(5) In addition to sections
(1) to (3) of this rule, any payment made by the administrator to a claimant, shall
be conditioned on proceedings being brought to recover fire suppression costs from
parties liable thereto under ORS Chapter 477 or other law.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69,
Renumbered from 629-044-0135; Renumbered from 629-061-0035 by DOF 3-2013, f. 12-9-13,
cert. ef. 1-1-14
629-165-0315
Collection — Approval
If a district warden or other representative
of the State Forester initiates collection of fire suppression costs from a responsible
party under ORS 477.068 477.085 or 477.120, prior to acceptance of any payment for
such suppression costs, the district warden or forester must first secure the approval
of the administrator, if:
(1) Such fire suppression costs
include moneys which have been advanced by the administrator to a district from
the fund;
(2) Such settlement will affect
the amount otherwise payable from the fund to a district; or
(3) Such settlement will affect
the amount otherwise reimbursable by a district to the fund.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69;
FB 6-1982, f. 6-16-82, ef. 7-1-82, Renumbered from 629-044-0160; Renumbered from
629-061-0060 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14
629-165-0320
Reimbursement to Account
Whenever a district or the forester receives
payment pursuant to ORS 477.068, 477.085 or 477.120, the district shall retain an
amount equal to the emergency fire suppression costs not paid by the administrator
from the OFLPF, but eligible for payment, and reimburse the fund with the remainder,
if any. Any such reimbursement shall in no event exceed the amount paid by the respondent.
Stat. Auth.: ORS 321, 477 & 477.770
Stats. Implemented: ORS 183.335,
183.341, 477.440 - 477.460 & 477.750 - 477.775
Hist.: FB 21, f. 9-25-69,
Renumbered from 629-044-0165; Renumbered from 629-061-0065 by DOF 3-2013, f. 12-9-13,
cert. ef. 1-1-14


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