ORS 390.121
Powers of commission


In carrying out its responsibilities, the State Parks and Recreation Commission may:

(1)

Acquire by purchase, agreement, donation or by exercise of eminent domain, real property or any right or interest therein deemed necessary for the operation and development of state parks, roads, trails, campgrounds, picnic areas, boat ramps, nature study areas, waysides, relaxation areas, visitor and interpretive centers, department management facilities, such as shops, equipment sheds, office buildings, park ranger residences or other real property or any right or interest because of its natural, scenic, cultural, historic or recreational value, or any other places of attraction and scenic or historic value which in the judgment of the State Parks and Recreation Department will contribute to the general welfare, enjoyment and pleasure of the public.

(2)

Construct, improve, develop, manage, operate and maintain facilities and areas, including but not limited to roads, trails, campgrounds, picnic areas, boat ramps and nature study areas named in subsection (1) of this section.

(3)

Sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, if in the opinion of the department it is no longer needed, required or useful for department purposes, except that:

(a)

Real property may be leased when such real property will not be needed for department purposes during the leasing period.

(b)

Real property used for park purposes may be donated to the United States Department of Interior for the purpose of establishing a national monument when in the judgment of the department such disposition would best serve the interests of this state.

(c)

Proceeds from the sale of all surplus or unsuitable lands held for park purposes shall be deposited in the Parks Donation Trust Fund for use for park land acquisition or development. Proceeds from the sale of other property shall be paid by the department to the State Treasurer for credit to the State Parks and Recreation Department Fund, and any interest from this fund shall be credited to this fund.

(d)

Intentionally left blank —Ed.

(A)

Before offering forest products for sale, the department shall cause the forest products to be appraised.

(B)

If the appraised value of the forest products exceeds $25,000, the department shall offer the forest products for sale by competitive bid. A sale under this paragraph is not subject to the Public Contracting Code. Prior to such bid offering, the department shall give notice not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by such other media of communication as the department deems advisable. The minimum bid price and a brief statement of the terms and conditions of the sale must be in the notice.

(C)

The notice and competitive bidding under subparagraph (B) of this paragraph are not required if the State Parks and Recreation Director declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:
(i)
The timber, regardless of value, may be sold by a negotiated price; and
(ii)
The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

(e)

In the case of real property acquired by eminent domain, the prior owner of real property for which sale, lease, exchange or other disposal is proposed must be given the first opportunity to reacquire the property in accordance with ORS chapter 35.

(4)

Enter into contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of parks or for the accomplishment of the purposes of chapter 904, Oregon Laws 1989. All contracts executed by the department shall be made in the name of this state, by and through the department.

(5)

In carrying out its duties, functions and powers under this chapter, publish guides and other materials relating to recreational opportunities in this state or to any program or function administered by the department. The department may arrange for the sale of such publications. The price of such publications shall include the cost of publishing and distributing the materials. All moneys received by the department from the sale of publications shall be deposited in the State Parks and Recreation Department Fund. The department may contract for the publication of the materials described in this subsection, including the research, design and writing of the materials. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed under the contract. [1989 c.904 §9; 2019 c.90 §2]
Note: Legislative Counsel has substituted “chapter 904, Oregon Laws 1989,” for the words “this 1989 Act” in section 9, chapter 904, Oregon Laws 1989, compiled as 390.121 (Powers of commission). Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). These sections may be determined by referring to the 1989 Comparative Section Table located in Volume 22 of ORS.

Source: Section 390.121 — Powers of commission, https://www.­oregonlegislature.­gov/bills_laws/ors/ors390.­html.

390.005
Definitions
390.010
Policy of state toward outdoor recreation resources
390.050
Park and recreation violations
390.060
Definitions for ORS 390.060 to 390.067
390.063
Lottery bonds for state park projects
390.065
Findings
390.067
Request for issuance of state park lottery bonds
390.111
Creation of department
390.112
Additional criteria for acquiring and developing new historic sites, parks and recreation areas
390.114
State Parks and Recreation Commission
390.117
Commission officers
390.121
Powers of commission
390.122
Requirements for establishing priorities for acquisition
390.124
Commission rulemaking authority
390.127
State Parks and Recreation Director
390.131
Duties of director
390.134
State Parks and Recreation Department Fund
390.135
Parks Subaccount
390.137
State Parks and Recreation Department Operating Fund
390.139
Oregon Adopt-a-Park Program
390.140
Powers and duties of State Parks and Recreation Director
390.141
Agreements between State Parks and Recreation Department and private organizations
390.142
Rules
390.143
Agreements to provide interpretive services to recreational facilities
390.144
Rules for ORS 390.143
390.150
Gifts and grants for State Parks and Recreation Department
390.153
Parks Donation Trust Fund
390.155
Authority for State Parks and Recreation Department to accept gifts or donations
390.180
Standards for recreational planning and fund disbursement
390.182
Statewide accessibility design standards for recreation projects
390.190
Revolving fund
390.195
Use of state correctional institution adult in custody labor for maintenance and improvement at state parks
390.200
Authority of department to require fingerprints
390.230
Fort Stevens Military Reservation
390.231
Development of Crissey Field as state park
390.232
Tax on government camping and recreational vehicle spaces
390.235
Permits and conditions for excavation or removal of archaeological or historical material
390.237
Removal without permit
390.240
Mediation and arbitration of disputes
390.241
Office of Outdoor Recreation
390.242
Associate Director of Outdoor Recreation
390.243
Outdoor Recreation Advisory Committee
390.245
Commemorative coins authorized
390.247
Design
390.250
Development of recreational use of lands by Jackson County
390.255
Use of funds to acquire land interests
390.260
Application to Willamette River Greenway
390.262
Oregon Main Street Revitalization Grant Program
390.264
Oregon Main Street Revitalization Grant Program Fund
390.270
Definitions for ORS 390.270 to 390.290
390.275
Purpose of ORS 390.270 to 390.290
390.280
Duties of State Parks and Recreation Department
390.285
Application by local governing body for reimbursement
390.290
Schedule for reimbursement of local governing bodies
390.292
Willamette Falls Park Fund
390.295
Jurisdiction of State Forestry Department and State Parks and Recreation Department
390.300
Tillamook Forest Recreation Trust Account
390.303
Reconnect Forest Park Fund
390.305
Salmonberry Trail
390.307
Salmonberry Trail Trust Fund
390.308
Oregon Coast Trail
390.310
Definitions for ORS 390.310 to 390.368
390.314
Legislative findings and policy
390.318
Preparation of development and management plan
390.322
Submission of plan to Land Conservation and Development Commission
390.330
Grants for acquisition of lands by local government units
390.332
Acquisition of scenic easements near Willamette River
390.334
Acquisition of scenic easements in lands subject to development plan
390.338
Limitations on use of condemnation power
390.340
Department rules
390.350
Intergovernmental agreements
390.360
Title to, and use and disposition of, lands acquired by local governmental units
390.364
Taxation of lands subject to scenic easements
390.368
Authority to contract landscaping and repair of damage to lands subject to scenic easement
390.400
Public electric vehicle charging stations
390.405
Parks and Recreation Transportation Electrification Fund
390.550
Definitions
390.555
All-Terrain Vehicle Account
390.560
Uses of All-Terrain Vehicle Account
390.565
All-Terrain Vehicle Advisory Committee
390.570
Class I all-terrain vehicle operator permits
390.575
Class III all-terrain vehicle operator permits
390.577
Class IV all-terrain vehicle operator permit
390.580
All-terrain vehicle operating permit
390.585
Rules
390.590
Out-of-state all-terrain vehicle permit
390.605
Definitions
390.610
Policy
390.615
Ownership of Pacific shore
390.620
Pacific shore not to be alienated
390.630
Acquisition along ocean shore for state recreation areas or access
390.632
Public access to coastal shorelands
390.635
Jurisdiction of department over recreation areas
390.640
Permit required for improvements on ocean shore
390.650
Improvement permit procedure
390.655
Standards for improvement permits
390.659
Hearing before director regarding department action on improvement permit
390.660
Regulation of use of lands adjoining ocean shores
390.661
Improvement without permit or contrary to permit conditions as public nuisance
390.663
Investigation of violation within ocean shore
390.666
Revocation, suspension or nonrenewal of improvement permit
390.669
Action by state or any person to abate public nuisance
390.672
Damages for destruction or infringement of public right of navigation, fishery or recreation
390.674
Imposition of civil penalties
390.676
Schedule of civil penalties
390.678
Motor vehicle and aircraft use regulated in certain zones
390.685
Effect of ORS 390.605, 390.615, 390.678 and 390.685
390.690
Title and rights of state unimpaired
390.705
Prohibition against placing certain conduits across recreation area and against removal of natural products
390.715
Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands
390.725
Permits for removal of products along ocean shore
390.729
Permits for operation of all-terrain vehicles on ocean shore
390.755
Periodic reexamination of vegetation line
390.760
Exceptions from vegetation line
390.770
Vegetation line described
390.805
Definitions for ORS 390.805 to 390.925
390.815
Policy
390.826
Designated scenic waterways
390.827
Effect of ORS 390.826 on rights of Indian tribes
390.835
Highest and best use of waters within scenic waterways
390.845
Administration of scenic waterways and related adjacent lands
390.848
Passes for use of parts of Deschutes River
390.851
Activities prohibited on parts of Deschutes River without pass
390.855
Designation of additional scenic waterways
390.865
Authority of legislature over designation of additional scenic waterways
390.875
Transfer of public lands in scenic waterways to department
390.885
Exchange of property within scenic waterway for property outside waterway
390.895
Use of federal funds
390.905
Effect of ORS 390.805 to 390.925 on other state agencies
390.910
Intergovernmental cooperation
390.915
Determination of value of scenic easement for tax purposes
390.925
Enforcement
390.930
Definitions for ORS 390.930 to 390.940
390.932
Creation of Deschutes River Scenic Waterway Recreation Area
390.934
Management of Deschutes River Scenic Waterway Recreation Area
390.936
Rules
390.938
Guidelines for management and development
390.940
Relationship to other laws
390.950
Short title
390.956
Policy
390.959
Composition of trails system
390.962
Criteria for establishing trails
390.965
Hearing required
390.968
Selection of rights of way for trails
390.971
Department duties and powers
390.974
Intergovernmental cooperation to obtain property for use in trail system
390.977
Oregon Recreation Trails Advisory Council
390.980
Funds for purposes of ORS 390.950 to 390.989
390.983
Trail property tax assessment
390.986
Injunctive relief for violation of ORS 390.950 to 390.989
390.989
Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989
390.990
Violations
390.992
Civil penalties
390.995
Criminal penalties
390.997
Penalties for violation of ORS 166.155 or 166.165
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