Or. Admin. Code § 629-022-0850 - Special Circumstances

(1) When the State Forester denies a cost-share reimbursement payment because the completed cost-share component does not meet the performance specification or time period in the Practice plan, the Landowner may resubmit the payment request. The State Forester must approve the payment request when one of the following conditions has been met:

(a) The Landowner repeats the completion of the cost-share component and meets the performance specification in the Practice plan;

(b) The Landowner establishes that a reasonable effort was made and failure to meet the performance specification in the Practice plan was due to factors beyond the Landowner's control; or

(c) The Landowner establishes that the cost-share component, as performed, does not jeopardize the stand establishment or the improved management of Forestland the cost-share component was designed to achieve.

(2) In case of death or incompetence of any Landowner, the State Forester must approve cost-share reimbursement payments to the successor in title or other persons or entities in control of the Landowner if the successor agrees to:

(a) Complete all remaining cost-share components in the Practice plan; and

(b) Meet all other Landowner obligations in OAR 629-022-0820.

(3) When the Landowner sells, conveys or otherwise looses control of the Forestland prior to completion of the Practice plan, the Landowner is required to repay all cost-share reimbursement payments to the Trust unless the new Landowner agrees to:

(a) Implement the remaining cost-share components in the Practice plan; and

(b) Meet all other Landowner obligations in OAR 629-022-0820.

Notes

Or. Admin. Code § 629-022-0850

DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Stat. Auth.: ORS 526.700 - 526.730

Stats. Implemented: ORS 526.703