2017 ORS 390.121¹
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)(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 $15,000, the department shall offer them for sale by competitive bid. 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 shall be in the notice.

(C) The notice and competitive bidding under subparagraph (B) of this paragraph shall not be 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]

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 20 of ORS.

Atty. Gen. Opinions

Depart­ment of Transporta­tion authority to solicit gifts, grants, etc., (1978) Vol 38, p 2105

1 Legislative Counsel Committee, CHAPTER 390—State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors390.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 390, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano390.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.