PRINT AND SIGN THE PETITION
AN ACT BEFORE THE PEOPLE OF OREGON
TO ESTABLISH SUSTAINABLE FOREST PRACTICES AND CONSERVE FOREST ECOSYSTEMS BY PROMOTING SELECTIVE LOGGING AND REQUIRING THE USE OF NON-TOXIC WEED AND PEST CONTROLS ON FORESTLANDS OF THE STATE TO PROTECT THE HEALTH AND SAFETY OF OREGON'S CITIZENS, NATURAL RESOURCES AND PROPERTY, AMENDING ORS 527.610-527.992.
 Sustainable, ecologically-based forestry practices are compatible with long-term forest productivity and are beneficial to fish, wildlife, water quality and the sustained yield of high-quality wood products.
 Clearcut logging and other unsustainable forestry practices substantially increase the likelihood of large landslides and severe flooding. These human-caused disturbances have been shown to result in loss of wildlife habitat, property, and human life.
 Clearcut logging and other unsustainable forestry practices displace thousands of forestry jobs by requiring machine-intensive technologies and discouraging investment in highly skilled labor. Clearcut logging adversely impacts Oregon's tourism and recreation industries.
 The use of toxic chemical herbicides and pesticides on forestlands of Oregon is an ecologically destructive forest practice which unnecessarily puts humans, domestic animals, fish, and wildlife at risk of toxic exposure, and destroys the nutrient content of forest soils.
 Clearcutting and the use of toxic chemicals in forest operations have resulted in serious degradation of Oregon's surface and groundwater by increasing sedimentation and turbidity, adversely altering the composition of such waters, and introducing toxic pollutants which are harmful to human health, fisheries resources, aquatic organisms, and other wildlife.
 The use of non-toxic weed and pest controls on Oregon's forestlands creates jobs in sustainable forest management and protects the health and safety of forest products workers.
 Sustainable forestry practices maintain healthy forests that provide habitat for a variety of species, store and filter water, generate oxygen and absorb and recycle carbon, a primary building block of all life. Healthy forests contribute to cleaner water and a healthier atmosphere.
SECTION I: REQUIREMENTS FOR SUSTAINABLE FORESTRY PRACTICES on OREGON'S STATE AND PRIVATE FORESTLANDS
 In order to safeguard the long-term productivity of our forests, maintain clean and safe water, support viable populations of fish and wildlife, provide for biological diversity, and promote jobs for forest dependent communities, sustainable forestry practices shall be required on all state and private forestlands in Oregon.
 one year from enactment of this Act, the Oregon Board of Forestry shall, for each of the forest regions identified by the Oregon Department of Forestry pursuant to ORS 627.640, establish rules designed to promote sustainable forestry practices, which:
a. provide for Sustainable Timber Harvest Practices as defined by Section II of this Act.
b. maximize retention of sufficient numbers of large, live trees, standing dead trees, and large, downed logs on at least 50% of each forest operation, to provide habitat for species dependent upon the structural and compositional diversity that such stands provide.
c. minimize the use of heavy equipment and roads to prevent soil compaction and erosion.
d. maximize the potential for natural regeneration of native tree species.
e. maximize the replanting and retention of a diversity of native tree species.
f. provide for safe and effective weed and pest control measures which do not involve the use of chemical pesticides or herbicides on forestlands.
 No forest practices, forest operations, or timber harvests shall be allowed on state or private forestlands which are inconsistent with any rules promulgated under this section, unless exempt pursuant to Section V of this Act.
SECTION II: TIMBER HARVEST
Upon enactment of this Act, all forestland owners and operators conducting timber harvest operations on state and privately owned forestlands shall conduct such operations in accordance with Sustainable Timber Harvest Practices on all state and privately owned forestlands in the State of Oregon, unless exempt from these requirements by Section V of this Act. Sustainable Timber Harvest Practices shall be defined as being: (a) for timber harvest practices in western Oregon, logging methods which leave on each acre of a logging operation no fewer than 60 well-distributed trees that measure at least 11 inches diameter at breast height, and that leave on each acre no less than 80 square feet of basal area; (b) for timber harvest practices in eastern Oregon, logging methods which leave on each acre of a logging operation no fewer than 50 well-distributed trees that measure at least 10 inches diameter at breast height, and that leave on each acre no less than 60 square feet of basal area.
SECTION III: PROHIBITION on USE OF CHEMICAL PESTICIDES AND HERBICIDES on FORESTLANDS
In order to eliminate unnecessary risks to humans, domestic animals, fish, and wildlife from contamination of air, soils, and waters of the State of Oregon, the use of all pesticide chemicals, as defined by ORS 616.205(15), for weed or pest control on all state and privately owned forestlands shall be prohibited upon enactment of this Act. The Oregon Department of Forestry shall allow and otherwise facilitate the use of non-chemical weed and pest control measures and procedures on all forestlands in the State of Oregon.
SECTION IV: NOTICE OF OPERATIONS; LIMITATION on SIZE OF INDIVIDUAL FORESTRY OPERATIONS
No forest practice operation on state or private forestlands in the State of Oregon shall be commenced until the landowner has filed both a notice of operation and written plan with the Oregon Department of Forestry for said forest practice. Notices and written plans shall document compliance with provisions of this Act, and with all other substantive requirements of the Oregon Forest Practices Act. No individual forest practice operation shall exceed 240 acres in size.
SECTION V: EXEMPTIONS
All forestland owners who own a total of 160 acres of forestland or less in the State of Oregon may apply to the Oregon Department of Forestry for an exemption from all of the requirements of this Act upon a showing of undue economic hardship, with the exception of Section III of this Act, which shall apply to all forestlands in the State of Oregon.
SECTION VI: ENFORCEMENT
Any person who is adversely affected or aggrieved by a violation of any of the provisions of this Act may bring suit in the Circuit Court of the County where such violation is alleged to have occurred, or in the Circuit Court for Marion County, Oregon, to enforce any provision of this Act against any person violating this Act, or against the Oregon Department of Forestry for failing to enforce or implement any provision of this Act. A party filing an action under this section may seek a stay or preliminary injunction from the Court to enjoin any proposed forest practices pending final disposition of the court action, and the Court shall issue a stay of the proposed forest practice(s) upon a prima facie showing of any alleged violations of this Act. No bond or fees shall be required to be posted by any party seeking a stay or preliminary injunction of any forest practices in such an action. If the Court finds a violation of this Act, the Court shall award reasonable attorney fees and costs against the party violating this Act to a prevailing party filing an action to enforce any provision of this Act. The Court shall award attorney fees and costs against any party filing an action under this Act that presents a position that is frivolous, made in bad faith, or that presents any claim without probable cause to believe that their position is well founded in fact or law.
SECTION VII: INTERPRETATION
All provisions of this Act shall supplement or replace, where appropriate, the pre-existing requirements of the Oregon Forest Practices Act, ORS 527.610-527.770, and to the extent that any provisions of this Act are inconsistent with pre-existing provisions of the Oregon Forest Practices Act, this Act shall be interpreted to supersede and amend such provisions of law.
SECTION VIII: SEVERABILITY
If any provision of this Act, or the application of that provision to any person or circumstance, is held invalid, the remainder of this Act, or the application of that provision to persons or circumstances other than those as to which it is held invalid, is not affected thereby.
SECTION IX: EMERGENCY CLAUSE
This Act being necessary for the immediate protection and preservation of the public peace, health and safety of the citizens of the State of Oregon, an emergency is hereby declared to exist, and this Act shall be in full force and effect immediately upon passage by the electors of the State of Oregon.
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