Jewell School District challenges Oregon Dept. of Forestry conservation plan

PORTLAND, Ore. (KOIN) – Jewell School District has filed a lawsuit against the Oregon Department of Forestry over its Habitat Conservation Plan that would reduce the amount of money the school receives in timber harvest revenue.

The lawsuit -- filed March 20 against ODF, State Forester Cal Mukumoto and State Forest Division Chief Mike Wilson -- claims ODF's plan will not generate the level of revenue required under ODF's rules -- leading to a significant budget cut for the school district.

The lawsuit comes as the school district is planning potential job cuts because of the anticipated budget shortfall, according John DiLorenzo, an attorney representing the school district.

In the lawsuit, Jewell School District says it receives a "substantial" amount of funding from ODF forest management. However, the district says ODF's Western Oregon State Forest Habitat Conservation Plan (HCP) would decrease funding for the school by reducing timber harvests.

The district is asking for a declaration that ODF is required to ensure “’that revenues derived from these state forest lands are sufficient to cover the department’s costs’ of managing the lands."

The school district argues ODF must generate sufficient revenue to fully fund its own programs (and therefore more revenue for the district) or ODF must “make the same sacrifices they are currently imposing on the district” because of the proposed timber harvest policies.

ODF and Wilson told KOIN 6 News the agency does not comment on pending litigation.

The school district says counties have received a percentage of revenue from forest management since the 1930s. Currently, over 40 Oregon school districts -- including Hillsboro, Astoria, Banks, Forest Grove, Gaston, and Linn Benton Lincoln districts-- receive funding from timber harvest revenues as members of the Forest Trust Land.

According to ODF, their annual harvest objective in the area from fiscal year 2013 to 2023 was 73 million board feet. Under the new conservation plan, the projected outcome is 49 million board feet, or 33% less.

“The Council of Forest Trust Land Counties proposed many alternatives that would have preserved harvest volumes and would not have resulted in such a large portion of the lands being off limits. Unfortunately, the Department negotiated their favored HCP in secret with the other federal services and, in our opinion, gave away the store," DiLorenzo told KOIN 6 News.

He added, “Because we cannot force [the Oregon Department of Forestry] to alter the HCP created by the bureaucrats, we are taking a different approach. If they are going to foist a plan on us that requires sacrifice on our part, they must bear their share of the sacrifice too. Without general fund support (which has never been provided to the State Forest Division) they will need to eliminate a significant portion of their own staff – just like us or increase harvest levels to justify what they cost.”

According to DiLorenzo, $1 million is "on the lower end" of projected revenue losses from the conservation plan.

In preparation for the plan, the district is not rehiring positions that are moving into retirement and is in contract negotiations with certified staff for a new four-year contract, DiLorenzo said, noting the district is proposing a two-year contract in the interim until they have a better understanding of where the conservation plan will leave the school financially. DiLorenzo said negotiations with classified staff will take place in 2025.

“Outside of shrinking supply and classroom budgets a bit, the major budget reductions would need to come from staff reductions, and at this time, the District is not moving in this direction until we have a clearer picture of our future,” the district said in a statement through DiLorenzo.

The attorney furthered that Gov. Tina Kotek empathizes with the district and said she will help look for alternative funding.

"We certainly appreciate her concern," DiLorenzo said. "That might be a short-term solution, but what happens to the parents of our students who will no longer have timber jobs as a result of the throttled back harvest plan? The Governor’s suggested approach might well result in a circumstance in which the community disappears and we have no more students to educate.”

The governor’s office told KOIN 6 News they do not comment on pending litigation, noting members of Gov. Kotek's staff have been meeting with county representatives over several months to find pathways for funding.

Based on 2024-25 State School Fund estimates released in March, the Oregon Department of Education said Jewell School District has $4.26 million in local revenue, $3.6 million of which comes from timber sales.

In 2018, the Oregon Board of Forestry unanimously directed ODF to develop the plan and in early March, the board approved ODF's recommendation to finalize the plan.

ODF is working with federal services to generate a final conservation plan, which is not likely to be finalized before spring of 2025, ODF explained.

The plan covers about 640,000 acres of ODF-managed land west of the Cascades and aims to offset potential impacts of forest management to ensure species conservation over a 70-year permit term.

KOIN 6 News also reached out to State Forester Cal Mukumoto and did not hear back.