(1) Subject to subsection (2) of this section, the State Board of Forestry may not adopt, amend or repeal a rule described in ORS 527.714 (1)(c) that relates to aquatic resources until the board has first received and considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733. (2) Notwithstanding ORS 527.714 (7), subsection (1) of this section does not apply: (a) To adoption, amendment or repeal of a rule as part of a rulemaking proceeding commenced pursuant to ORS 527.765 (3)(e) in response to a petition for review of best management practices made by the Environmental Quality Commission; (b) To adoption, amendment or repeal of a rule by the commission; (c) If the legislation authorizing or requiring the adoption, amendment or repeal of the rule provides a specific exemption from this section; or (d) If the adoption, amendment or repeal of the rule is necessary to comply with a court order. (3) The board may solicit and consider a report from the committee or the team prior to or as part of: (a) A rulemaking proceeding described in subsection (2)(a) of this section, if soliciting and considering the report does not conflict with the requirements of ORS 527.765 (3)(e); or (b) Any other rulemaking described in ORS 527.714 (1)(c), subject to the funding available to, and the capacity of, the committee and the team, taking into consideration the requirements of subsection (1) of this section. Note: 527.734 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
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