OAR 736-018-0105: Log Export Rules: Definitions

(1) “Export” means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign destination. (2) “Performance Bond” means the security required by a state timber sale contract which ensures satisfactory performance of contract requirements by the timber sale purchaser. A performance bond may be in the form of a surety bond, cash, negotiable securities, irrevocable letter of credit, or an assignment of surety. (3) “Person” means an individual, a partnership, a public or private corporation, an unincorporated association, or any other legal entity. The term includes any subsidiary subcontractor, parent company or other affiliate. Business entities are considered affiliates when one controls or has the power to control the other or when both are controlled directly or indirectly by a third person. (4) “Private Lands” means lands within the State of Oregon owned by a person. The term does not include federal lands or non-federal public lands, or any lands the title to which is: (a) Held in trust by the United States for the benefit of any Indian tribe or individual; (b) Held by any Indian tribe or individual subject to a restriction by the United States against alienation; or (c) Held by any Native Corporation as defined in Section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602). (5) “Department” means Oregon State Parks and Recreation Department. (6) “Purchaser” means person who has entered into a state timber sale contract with the Department. (7) “State Lands” means lands owned or managed by the Department. (8) “State Timber” means timber owned or managed by the Department. (9) “State Timber Sale Contract” means any timber under contract with the Oregon State Parks and Recreation Department which is owned by the Department under ORS Chapter 390 or any timber under contract with another state or federal agency, including timber which is harvested under tree service contracts, right-of-way agreements and other agreements in which timber is traded for other values, but excluding land sales and exchanges. (10) “Unprocessed Timber” or “Unprocessed State Timber” means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. The term does not include timber processed into any one of the following: (a) Lumber or construction timbers meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on four sides, not intended for remanufacture; (b) Lumber construction timbers, or cants for remanufacture, meeting current American Lumber Standard Grades or Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn on four sides, not to exceed 12 inches (nominal) in thickness; (c) Lumber, construction timbers, or cants for remanufacture, that do not meet the grades referred to in subsection (b) of this section and are sawn on four sides, with wane less than 1/4 of any face not exceeding 8-3/4 inches in thickness; (d) Chips, pulp, or pulp products; (e) Veneer or plywood; (f) Poles, posts, or piling cut or treated with preservatives for use as such; (g) Shakes or shingles; (h) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp; (i) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips; or (j) Firewood cut in pieces 48 inches or less in length.