Oregon Revised Statutes Chapter 526 § 526.905 — was enacted into law by

was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 526 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Prescribed Fire Liability Pilot Program) Note: Sections 14 to 17, chapter 611, Oregon Laws 2023, provide: Sec. 14. (1) As used in this section: (a) “Cultural burn” means the intentional application of fire to land by an Indian tribe or cultural fire practitioner to achieve cultural goals or objectives identified by a tribal ordinance, traditional tribal custom or law of an Indian tribe, such as subsistence, ceremonial activities, biodiversity or other benefits. (b) “Cultural fire practitioner” means a person associated with an Indian tribe with experience in burning to meet cultural goals or objectives, including subsistence, ceremonial activities, biodiversity or other benefits. (c) “Indian tribe” means a federally recognized Indian tribe in Oregon. (2) The State Forestry Department shall establish a Prescribed Fire Liability Pilot Program and administer the program. (3) Notwithstanding subsection (2) of this section, the Department of Consumer and Business Services shall administer reimbursements for claims under the program. (4) The program must be administered to: (a) Increase the pace and scale of the use of prescribed fire and cultural burning. (b) Reduce barriers for conducting prescribed fires and cultural burning. (c) Support coverage for losses from prescribed fires and cultural burning by nonpublic entities such as cultural fire practitioners, private landowners, nongovernmental entities, Certified Burn Managers as defined in ORS 526.005, companies, contractors and operators. (d) Support nonpublic entities, such as cultural fire practitioners, private landowners, nongovernmental entities, Certified Burn Managers, companies, contractors and operators, that are alleged to have caused damages resulting from prescribed fires or cultural burning. (5) Under the program, the Department of Consumer and Business Services may reimburse a claim that meets the following criteria: (a) The claim relates to: (A) A prescribed fire conducted or supervised by the State Forester, a forest protective association or a rangeland protection association, pursuant to ORS 477.315 to 477.325; (B) A prescribed fire in a forest protection district, as described in ORS 477.205 to 477.281, that is conducted or supervised by a Certified Burn Manager pursuant to ORS 526.360; or (C) A cultural burn conducted or supervised by a cultural fire practitioner; (b) The claim relates to a prescribed fire or cultural burn conducted in accordance with the provisions of any applicable burn plan or permit and any other applicable conditions or requirements; (c) The claim is: (A) For economic and property damage, as defined in ORS 477.089, suffered by the claimant as a result of the prescribed fire or cultural burn; or (B) If the claimant is the State Forester or a forest protective association or agency, for the actual costs incurred by the claimant in controlling or extinguishing the prescribed fire or cultural burn, but only to the extent that such costs would be recoverable from an owner or operator of forestland pursuant to ORS 477.068 and 477.120; and (d) The claimant was not willful, malicious or negligent in the origin or subsequent spread of the prescribed fire or cultural burn. (6) The Department of Consumer and Business Services may reimburse a claim under the program only if the State Forestry Department certifies that the claim meets the criteria described in subsection (5) of this section. (7)(a) The amount paid from the Prescribed Fire Claims Fund established by section 15, chapter 611, Oregon Laws 2023, for any claim for losses arising from a prescribed fire or cultural burn may not exceed $1,000,000. (b) Notwithstanding any other provision of law: (A) The amount paid for all claims under the program may not exceed the amount in the fund. (B) Awards for claims under the program may be reduced if moneys in the fund are insufficient to pay the claims. (C) This section does not limit the ability of a person to assert a claim for losses arising from a prescribed fire or cultural burn under any other law in lieu of asserting a claim under this section. (8) The State Forestry Department: (a) Shall consult with other relevant state agencies, cultural fire practitioners, forest protective associations, rangeland protection associations and Certified Burn Managers to establish guidelines for the program. (b) Shall adopt the guidelines by rule. (c) Shall make the guidelines publicly available on a department website. (d) Notwithstanding subsection (3) of this section, shall adopt rules to determine how claims under the program will be accepted and processed. (e) Shall adopt by rule a definition of the term “prescribed fire” for purposes of implementing th