The State Board of Forestry shall report annually to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on progress in implementing the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. Note: 527.822 is repealed only if certain conditions are met.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). Note: Section 50, chapter 33, Oregon Laws 2022, provides: Sec. 50. Effect of policies on Indian tribes. (1) Nothing in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44, 51 and 52 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act: (a) Affects the treaty or other rights of a federally recognized Indian tribe in Oregon. (b) Applies to real property that is: (A) Held in trust by the United States for the benefit of a federally recognized Indian tribe in Oregon or a member of a federally recognized Indian tribe in Oregon; (B) Owned by a federally recognized Indian tribe in Oregon; or (C) Owned by an entity that is wholly owned by: (i) A federally recognized Indian tribe in Oregon; or (ii) A tribally owned or operated corporation organized pursuant to the Indian Reorganization Act (25 U.S.C. 5101 to 5144). (2) The State Board of Forestry shall develop a process for a federally recognized Indian tribe in Oregon to elect to join as an applicant for a habitat conservation plan described in section 11 of this 2022 Act, consistent with the terms and requirements applicable to private forestland under the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. (Temporary provisions relating to the submission of a habitat conservation plan) Note: Sections 11 and 12, chapter 33, Oregon Laws 2022, provide: Sec. 11. The State Board of Forestry shall submit to the National Marine Fisheries Service and the United States Fish and Wildlife Service: (1) A proposed habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. (2) An application for an incidental take permit, supported by the habitat conservation plan, for the incidental taking of species addressed in the Private Forest Accord Report. Sec. 12. (1) On or before December 31, 2022, the State Board of Forestry shall prepare and submit to the National Marine Fisheries Service and the United States Fish and Wildlife Service the habitat conservation plan described in section 11 of this 2022 Act. (2) The board shall procure the services of a person to develop and draft the habitat conservation plan. (3) Pursuant to ORS 279A.050 (6)(m) [renumbered 279A.050 (6)(o)] and notwithstanding ORS 279B.050, 279B.055, 279B.060, 279B.065 and 279B.070, the board may award a contract for the services without undertaking a process of competitive sealed bidding or competitive sealed proposals or soliciting competitive price quotes or competitive proposals. (4) The board shall ensure that representatives of the authors of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, are: (a) Regularly and closely consulted concerning the development and drafting of the habitat conservation plan. (b) Consulted if any question arises concerning the intent of the Private Forest Accord Report. (5) The habitat conservation plan and application for an incidental take permit described in section 11 of this 2022 Act do not constitute rules for purposes of ORS 183.310 to 183.410 or 527.714. MISCELLANEOUS
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