Oregon forestry officials brief legislature on Private Forest Accord HCP progress

Josh Bernard, Forest Resources Division chief for the Oregon Department of Forestry, and Jason Minor, the division's HCP project lead, told the Natural Resources Subcommittee on Feb. 11 that Oregon has implemented most state requirements from the 2022 Private Forest Accord but still must obtain federal incidental‑take permits for the plan to remain in effect.

The HCP, required by the 2022 legislation enacted as part of the Private Forest Accord package, is the federal application that would allow some otherwise lawful forest management activities that may incidentally ‘take’ threatened or endangered species. "Without an approved habitat conservation plan and subsequent incidental take permits, all the changes made in the March 2022 legislation revert," Jason Minor told the committee, describing why federal approval is critical.

Minor said ODF submitted a preliminary HCP in 2022, an updated plan in July 2024, and most recently delivered a revised HCP and incidental‑take permit applications to the U.S. Fish and Wildlife Service and National Marine Fisheries Service on Dec. 30, 2025. He described the next steps as ongoing consultation with the federal services, development of a public draft HCP, and a National Environmental Policy Act (NEPA) process (including an environmental impact statement and public comment periods) before final permits would be issued.

The department is seeking long‑term permits tailored to species groups: 50‑year incidental‑take permits for fish species and 25‑year permits for amphibian species, Minor said. He and Bernard emphasized that the HCP embeds conservation strategies in state forest practice rules and complements grant programs and incentives designed to improve habitat across the landscape.

Bernard reviewed implementation actions taken since the Private Forest Accord: roughly 100 rule modifications covering roads, streamside areas and steep slopes; upgrades to e‑notification systems; creation of a Small Forest Landowner Office to help owners access technical assistance and incentives; and establishment of an adaptive management program and an independent research and science team housed at the Institute for Natural Resources at Oregon State University.

He also outlined grant and research activity tied to the HCP. The Small Forestland Investment in Stream Habitat (SFISH) program received a 2023 one‑time legislative allocation of approximately $6,700,000; about $5,000,000 of that has been obligated and roughly $2,300,000 invoiced and dispersed so far, Bernard said. The program has executed 16 grant agreements obligating nearly $5,000,000 and has a wait list of 54 projects that would add roughly 140 miles of habitat restoration and another 83 culvert actions if funded.

Bernard and Minor told lawmakers that adaptive management and science work is funded largely with one‑time allocations and that the department had identified potential agency reduction options that could reduce research funding, which would slow planned studies on roads, steep slopes and amphibians. They urged continued funding and noted ODF has met legislative timelines to date but still depends on federal capacity and review schedules.

Representative Lively questioned the logic of long‑term permits and whether incremental 'incidental' actions could accumulate to significant losses over decades. Jason Minor responded that the permits and HCP are designed so conservation strategies and grant programs produce net improvements across the landscape, not incremental net loss.

The department concluded by noting that federal agencies indicated the PFA offers regulatory certainty and benefits and that additional federal review and NEPA processes are the primary next steps toward obtaining the permits required by statute.