Measure 34

Text of Measure

Whereas, individuals and businesses are attracted to Oregon because of its natural beauty and quality of life; and,

Whereas, the vast majority of the Tillamook and Clatsop State Forests will be logged unless Oregon citizens act to protect them; and,

Whereas, voters in 1948 approved financing to rehabilitate the Tillamook and Clatsop State Forests and Oregonians from all walks of life, including generations of Oregon school children, planted 72 million trees; and,

Whereas, the restoration of the Tillamook and Clatsop State Forests after the Tillamook Burn is an Oregon success story that we and future generations will take pride in; and,

Whereas, a forest management plan developed by a team of independent scientists must be favored over the current untested and controversial management plan.

Whereas, the Tillamook and Clatsop State Forests are the property and heritage of all Oregonians and Oregonians favor balance between timber harvests and environmental protection; and,

Whereas, a portion of the revenue derived from all timber harvests in the Tillamook and Clatsop State Forests should be dedicated to the Common School Fund to benefit all Oregon schools and families; and,

Whereas, the Tillamook and Clatsop State Forests provide clean, abundant drinking water for hundreds of thousands of Oregon's citizens; and,

Whereas, there must be a preference for sustainable, highly skill, family wage jobs for workers in Oregon's forests; and,

Whereas, the restoration of native forests is our legacy to future Oregonians; and,

Whereas, the Tillamook and Clatsop State Forests are the largest contiguous unprotected temperate rainforest in the lower 48 states; and,

Whereas, the Tillamook and Clatsop State Forests provide a wide range of high quality recreational opportunities including, but not limited to hiking, bird watching, fishing, biking, camping, kayaking, hunting, archery, muzzle loading, and motorized recreation; and,

Whereas, the streams and rivers of the Tillamook and Clatsop State Forests are one of the best strongholds for wild salmon in the Pacific Northwest; and,

Whereas, an abundance of fish, wildlife, recreational opportunities and non-timber forest products in the Tillamook and Clatsop State Forests support the local and state economies; and,

Whereas, balanced management of the Tillamook and Clatsop State Forests will help prevent forest fires and Swiss needle cast disease through re-establishment of the native forest tree species and by limiting overcrowding through restorative thinning.

NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE STATE OF OREGON:

SECTION 1. PRODUCING THE GREATEST PERMANENT VALUE FROM OREGON'S STATE FORESTS

The Oregon Department of Forestry, the Oregon Board of Forestry and the State Forester while managing and making management decisions in order to secure the greatest permanent value for the State of Oregon from its Board of Forestry Lands shall:

(a) Balance the protection of drinking water, conservation of wildlife and salmon habitat, expansion and protection of recreational opportunities, restoration of native forests, and watershed preservation with sustainable timber harvests to provide the greatest economic, social, environmental, and health benefits to the people of the State of Oregon.

(b) Consider the conservation of land for drinking water, recreation, and fish and wildlife habitat to be as beneficial to the state as timber harvests.

SECTION 2. BALANCING THE MANAGEMENT OF THE TILLAMOOK AND CLATSOP STATE FORESTS.

The Oregon Department of Forestry, the Oregon Board of Forestry and the State Forester following the advice of the Independent Restoration Science Team, as closely as practicable, shall in compliance with Section One of this Act:

(a) Manage the Board of Forestry Lands in the Tillamook and Clatsop State Forests to facilitate the permanent restoration of a native old growth forest on 50 percent of those lands over time. The priority for management shall be the protection of current and future drinking water supplies and critical fish and wildlife habitat. Thinning of trees and other forest management of this area must be consistent with the goal of restoring a native old growth forest.

(b) Manage the remaining 50 percent of the Board of Forestry Lands in the Tillamook and Clatsop State Forests with the goal of sustainable timber and revenue production for the state, counties, and schools where the forests reside, creation of family wage jobs, and re-establishing forest tree species ecologically and genetically adapted to those areas. The management regime used shall not be less protective of clean drinking water, recreational opportunities, fish and wildlife habitat than the Northwest Oregon State Forests Management Plan.

(c) Manage the forests to prevent catastrophic damage from fires, floods, erosion, severe Swiss Needle Cast disease, forest pathogens and pests.

SECTION 3. SELECTION AND DUTIES OF THE INDEPENDENT SCIENCE TEAM

An Independent Restoration Science Team shall make management recommendations to the Oregon Board of Forestry, the Oregon Department of Forestry and the State Forester.

(a) The Selection Committee for the Independent Restoration Science Team shall be solely composed of the Biology Depart-ment Chairperson from Portland State University, Oregon State University and the University of Oregon. If the Departmental Chair is unavailable he or she may designate a substitute professor from their respective department to serve on the Selection Committee. The Selection Committee will choose members of the Independent Restoration Science Team based on the individual's expertise in the scientific fields necessary to achieve the goal of this Act. Members will be selected through a majority vote of the Selection Committee. The Independent Restoration Science Team shall have at least 9 and no more than 13 members. The team shall have expertise in at least 9 of the following; restorative forestry, wildlife biology, silvicultural science, soil science, geology, limnology, hydrology, ecological restoration, forest ecology, salmon biology, forest planning, environmental management, geographic information systems and any other appropriate scientific field.

(b) The Selection Committee shall be reimbursed for reasonable expenses related to the duties specified by this Act.

(c) The Selection Committee shall select the Independent Restoration Science Team within six months after the passage of this Act.

(d) The Independent Restoration Science Team's goal shall be to guide the permanent restoration of a native old growth forest on 50 % of the Board of Forestry Lands in the Tillamook and Clatsop State Forests over time, using the best available science. The Independent Restorative Science Team will review and recommend changes to the current management plan to meet the 50 % restoration goal. The Independent Restorative Science Team shall determine those areas best suited for the permanent restoration of a native old growth forest based on the following standards, protection of areas that contain current or potential drinking water sources, protection of critical fish and wildlife habitat, protection of areas of important native biodiversity,
protection of current or potential forest recreational opportunities that are consistent with restoring or protecting Oregon forest structure, protection or creation of corridors for wildlife movement, protection of groups of trees 70 years and older, protection of current and future hunting and fishing opportunities, protection of threatened and endangered species habitat, protection of cultural heritage, protection of natural wetlands, protection for areas with high landslide risks, especially where they occur upstream of productive spawning and rearing habitat for anadromous fish, protection of riparian corridors to return this habitat to a viable functioning ecosystem, protection of areas with the lowest existing and abandoned road densities, and any other criteria that does not directly conflict with these listed standards or with the goal of this Act.

(e) The Independent Restoration Science Team will submit their recommendations for changes to the current management plan for the Tillamook and Clatsop State Forests to the Oregon Board of Forestry within two years after the passage of this Act. The Oregon Board of Forestry shall explain in a written report and at public hearings how it intends to implement the recommended changes to the current management plan for the Tillamook and Clatsop State Forests and give the rationale for any departures from those recommendations.

(f) The Oregon Board of Forestry will adopt a new balanced forest management plan for the Tillamook and Clatsop State Forests within three years of the passage of this Act. Review of the restoration area will be in 20-year intervals. Review shall be only to determine if the standards of restoration are being met. Changes in the management of the restoration area are allowed if necessary to meet the goal of this Act.

(g) The Oregon Department of Forestry shall monitor and evaluate the ongoing restoration work. Restoration work that conflicts with the standards for the selection of areas to be restored must be modified or improved to reduce or eliminate conflicts between the standards.

(h) Members of the Independent Restoration Science Team shall be compensated for their services and are eligible for reimbursement of travel and other reasonable expenses related to their duties under this Act.

(i) The Oregon Department of Forestry, the Oregon Board of Forestry and the State Forester shall provide administrative support and services to assist the Independent Restoration Science Team.

(j) The Independent Restoration Science Team's service shall end after it produces the recommendations required by this Act.

SECTION 4. FUNDING FOR SCHOOLS, RESTORATION AND RELATED PROGRAMS.

(a) The initial management of the restoration area and the modification of the current management plan for the Tillamook and Clatsop State Forests will be funded with 10% of the timber revenues over 10 years from the Board of Forestry Lands in the Tillamook and Clatsop State Forests. An equivalent amount of revenue will be provided from timber revenue collected by the State Department of Forestry if the affected counties do not agree to the change in revenue distribution. This dedicated initial funding will pay for the development of an apprenticeship program for restorative forestry, road decommissioning, tree thinning, underbrush clearing, the storm-proofing of existing roads and railroad grades, the execution and monitoring of the restoration and any other work that is required to meet the goal of this Act. The Oregon Board of Forestry shall provide additional and continuing funding as needed to accomplish the goal of this Act in a timely manner.

(b) The Oregon Common School Fund shall receive 5% of all timber receipts from the Board of Forestry Lands in the Tillamook and Clatsop State Forests. The local public school districts shall not receive less funding than the revenue represented in their 2002/03-budget period from timber harvests in the Tillamook and Clatsop State Forests.

SECTION 5. QUALITY JOBS, LIVING WAGES AND SKILLED LABOR

(a) After the adoption of the new state forests management plan for the Board of Forestry Lands in the Tillamook and Clatsop State Forests, prospective bidders for restoration forestry work must document that they are an active participant in a registered apprenticeship program in restorative forestry to be considered a responsive bidder. Budgets for work in the Tillamook and Clatsop State Forests shall include apprenticeship-training set-asides.

(b) After the adoption of the new state forests management plan, any restoration work or timber harvests on the Board of Forestry Lands in the Tillamook and Clatsop State Forests shall be considered a public work. All timber sales and restoration forestry work in the Tillamook and Clatsop State Forests shall pay a prevailing rate of wage. If the current occupations, descriptions of scope of work, or trade classifications are inadequate the Oregon Bureau of Labor and Industries Commissioner shall make the appropriate changes or additions and determine the appropriate prevailing rate of wage.

(c) The State Forester, Oregon Board of Forestry and the Oregon Department of Forestry shall develop and implement programs to encourage bidding by and the awarding of contracts to local contractors for restoration projects on the Board of Forestry Lands in the Tillamook and Clatsop State Forests. Cost effective approaches including, but not limited to best value contracts with preference for local hiring and employer participation in a state approved apprenticeship training program, and the bundling of multiple restoration projects over longer periods of time with a preference for highly skilled labor shall be developed and implemented.

SECTION 6. FULL IMPLEMENTATION OF THE ACT

(a) This Act supercedes any existing law that may be construed to reduce or restrict the full implementation of this Act, and this Act shall be construed so as to best implement the intent of this Act.

SECTION 7. RETENTION IF ANY PORTION VOIDED

(a) If any portion of this Act is invalidated for any reason, all remaining portions of this Act shall remain in place and shall be given full force and effect.

SECTION 8. SUPREMECY OF THIS ACT

(a) The management plan created by this Act for the Tillamook and Clatsop State Forests shall replace any other Act creating a management plan for the Tillamook and Clatsop State Forests passed by voters in the 2004 General Election.

SECTION 9. COURT REVIEW SHALL BE EXPEDITED

(a) If any person brings a state court challenge to any portion of this Act, or challenges passage of this Act, asserting that the Act or any portion of the Act violates the Oregon Constitution or the United States Constitution, or asserting any other legal challenge to passage or implementation or this Act, that action shall be filed in Marion County Circuit Court and shall be given expedited attention by the Court; the decision of the Circuit Court shall be subject to direct review by the Oregon Supreme Court, which shall give expedited attention to such appeal.

SECTION 10. CAPTIONS

(a) The section captions used in this Act do not become part of the statutory law of this state.

SECTION 11. ACT TAKES EFFECT ON PASSAGE.

(a) This Act takes effect on its passage.