Threatening Legal Action Over Timber Funds

Back in late 2005, I blogged about local efforts to raise the money necessary to sue the federal government for the return of the O&C lands.  The thought was that since the feds have stopped living up to the terms of the O&C Act of 1937, they should give us back the O&C lands.  The idea isn't without logic.

To make a long story short, in 1866 the federal government granted a large swath of land to what eventually became the Oregon & California Railroad Company. The railroad was to build a line from Portland to California, selling land on either side of the route to fund the construction.  O&C finally completed the project, but tried to keep a bunch of the remaining land.  The feds revested that land (current O&C acreage by county here) and promised to compensate the local governments for the loss of property taxes.  Here's how the law clearly puts it.

Section 1181(a) of the 1937 O&C act reads that O&C lands "Shall be managed... for permanent forest production, and the timber thereon shall be sold, cut, and removed in conformity with the principal of sustained yield for the purpose of providing a permanent source of timber supply, protecting watersheds, regulating streamflow, and contributing to the economic stability of the local Communities and industries, and providing recreational facilities."

But as we know, little harvesting of the O&C lands--sustainable or otherwise--has occurred for years.  Most of the land has essentially become a nature preserve (with an increasing fire risk).  Thus, the federal government started compensating the O&C counties directly.  That funding was lumped in with the money derived from the logging of national forests.  It looks like the resulting timber payments from the creatively-titled Secure Rural Schools Act have now come to an end.  The feds have reneged on their end of the bargain.

A couple of years ago, folks were more hopeful that the feds would come through with the money owed.  Thus, some were nervous about the Southern Oregon Resource Alliance threatening to sue.  And the fact that SORA wanted the land back made environmental activists nervous.

I figured that if a lawsuit was necessary, the state ought to take that ball and run with it.  But Governor K, as usual, has been asleep at the switch.  Then last week we got a boost from a surprising source...hopefully not just because he's running for Secretary of State.

Sen. Rick Metsger (D-Mt. Hood) has formally requested that the Oregon Dept. of Justice investigate and pursue legal action against the federal government on behalf of Oregon’s rural counties to secure funding for the Secure Rural Schools and Community Self-Determination Act.

In a letter to Oregon Attorney General Hardy Myers, Metsger asked the Justice Dept. to determine if Oregon has a “protectable interest” in the funding that supports rural schools and funds a majority of county road maintenance work.

If so, Metsger said, “The state needs to defend our rural communities and sue for restoration of these funds, if that is what it takes to ensure the federal government meets its historic responsibility to these communities.”

Despite efforts from Oregon’s Congressional delegation, Congress has failed to restore the funding that expired this month. The result is a significant effect to public safety, community livability and transportation infrastructure, the senator said. 

...

“In my transportation tour of Oregon last fall I have seen first-hand the devastating impacts this funding loss means to working Oregonians,” Metsger said. “It is time the state speak up and say loudly that lack of action on this important issue is unacceptable.”

Oregon has a much stronger case with the O&C funding than with the money that comes from USFS.  But, just 18 of Oregon's 36 counties receive O&C funds while 32 get county payments.  Regardless, let's hope that Metsger's interest is genuine and that lame duck Hardy Myers sinks his teeth into this subject. Let's also hope that next month, the legislature doesn't pass on addressing the difficult problems being caused by the loss of timber funds.

Comments

[Ten Bears]

Oregon was a Republic, before it was a "state".

[Mike]

Excellent post. Good summary of a convoluted subject.

[SSG Jeff (USAR)]

Oregon was a Territory before it was a state. I think only two states were sovereign nations prior to statehood - Texas and Hawaii. And Hawaii spent a long time as a Territory prior to statehood.