[ODF_Private_Forests] Private Forests Deputy Chief Message

[WEEKS Kevin]

Private Forests News list members:
Acting Private Forests Division chief Peter Daugherty sent the following program update message to ODF staff on Friday. The message concerns rebuilding staffing in the updated Private Forests Division, legislation, rulemaking and the status of NEDC vs. Brown.
Kevin Weeks - Oregon Department of Forestry

Subject: Private Forests Deputy Chief's Message

Folks,
I am overdue for providing an update on the program.  I would like to welcome or welcome back Kevin Nelson, Keith Baldwin, Lee Winslow, Nick Morris, Mike Dewey, Jim Ewing, Robin Biesecker, and Kirk Ausland to the ranks of our stewardship foresters.  I am really pleased that ODF was able to maintain the collective experience and skill of this group of dedicated employees through the economic downturn.  Our employees are most valuable asset.
The rest of the message provides an update on the outcomes of the legislative process and gives a brief update on the forest roads lawsuit.
Thanks for your hard work, Peter
Legislative Wrap Up
This is a summary of legislative outcomes that are likely to affect your daily work:

Private Forests Budget Outcomes - Restored positions, FPA program review and compliance monitoring

The Private Forests budget included restoration of resources and two budget notes.  The budget notes require the department to:

1)      Contract the Forest Practices Act compliance audit in support of Legislative Key Performance Measure 3, with a reporting time frame of next regular session of Ways and Means.  The Department is in process to fill the Monitoring Coordinator and Training Specialist positions, whose first big task will be to establish the scope of work to go into a Request for Proposal for the compliance audit.  A Cooperative Agreement has already been established with the StatNat group at OSU to propose a reforestation compliance sampling design.  As was done in the past audit, we will seek regular input both internally and externally to make sure it is a successful process.
2)      Contract with a third-party to assess and make recommendations on cost savings, efficiencies, and cost avoidance strategies that could prove effective for the administration of the Forest Practices Act (Budget Note 2).  We are required to report findings to the legislature by July 1, 2012, but are planning to report back to the Legislature with a proposed roadmap and gain approval of a plan in February, 2012.  A team comprised of Stewardship Foresters, field managers and administrative staff from throughout the state is being assembled to begin planning the effort.

Though the budget provided funding to restore the program to approximately 07-09 levels, hiring is being staged to take care of immediate capacity needs, allow the Budget Note 2 - FPA Program Review process to generate recommendations and free up resources for contracting needs.  Of 27 restored Stewardship Forester positions, 12 have or will be filled immediately (8 from the layoff list and we are currently recruiting for 5 more, 4 new, 1 existing vacancy).  The outcomes of the Budget Note 2 process will determine if/how many other restored positions will be filled.

HB 2165 - Streamlining and increased efficiency of certain Forest Practices Act requirements.

This bill streamlines written plan requirements: (a) near fish-bearing or domestic-use streams or most significant wetlands (b) changes the number of working days within which the department must circulate copies of written plans or notices of operation and (c) allows the use of electronic means to share notices of operation with interested parties.  Brad Knotts (Field Coordinator) is already drafting rules and preparing for the public rulemaking process, including support of a proposed developmental position to oversee the public involvement in the HB 2165 rulemaking process, in support of this change.

Tax credits

A joint committee was tasked with an extensive review of existing tax credits, with direction to reduce forgone revenue.  The reforestation tax credit was discontinued, and the tax credit related to biomass was changed from $10 per green ton to $10 per dry ton, effectively reducing it by about half.  Steve Vaught and Cary Long have updated the external website with the pending sunset date of 12/31/2011 for the reforestation tax credit and ensured that processes are in place to refund any late-arriving applications.

Biomass - Roles and authorities for Board and Department

The Legislature addressed the role of state-owned forests in supplying biomass with passage of SB 862. The bill does not provide new authority, but references the Board's existing authority to enter into biomass supply contracts, and adds to the Forest Practices Act a specific reference to woody biomass removal as a regulated practice. It also requires the Department to produce periodic, broad-scale assessments of biomass availability across all ownerships.


NEDC vs. Brown (Storm runoff from forest roads)
Governor Kitzhaber requested the Oregon Attorney General's office to ask the U.S. Supreme Court to review the Ninth Circuit Court of Appeals decision that forest roads require individual water discharge permits under the federal Clean Water Act.  For more information, see the Governor's Office July 25, 2011 press release.
Peter Daugherty
Acting Private Forests Division Chief
Office (503) 945-7482
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