Chapter 390 — Chapter 390
202 sections in this chapter.
ORS 390.005 Definitions. As used in this chapter, unless the context requires otherwise
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(1) “Commission” means the State Parks and Recreation Commission. (2) “Department” means the State Parks and Recreation Department. (3) “Director” means the State Parks and Recreation Director. [1989 c.904 §2] OUTDOOR RECREATION RESOURCES
ORS 390.010 Policy of state toward outdoor recreation resources. The Legislative Assembly recognizes and declares
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(1) It is desirable that all Oregonians of present and future generations and visitors who are lawfully present within the boundaries of this state be assured adequate outdoor recreation resources. It is desirable that all levels of government and private interests take prompt an…
ORS 390.050 Park and recreation violations; enforcement. In addition to any other persons permitted to enforce violations, the State Parks and Recreation Department and any employee of the State Parks and Recreation Department specifically designated by the State Parks and Recreation Director may issue citations for park and recreation violations established under this chapter in the manner provided by ORS chapter 153. [1981 c.692 §2; 1981 c.798 §35; 1987 c.905 §21; 1999 c.1051 §98; 2011 c.597 §134]
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LOTTERY BONDS FOR STATE PARK PURPOSES
ORS 390.060 Definitions for ORS 390.060 to 390.067. As used in ORS 390.060 to 390.067, unless the context requires otherwise
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(1) “State park lottery bonds” means the bonds authorized to be issued under ORS 390.067 for the purpose of financing state park projects. (2) “State park projects” means projects for the acquisition, development, improvement, upgrading, preservation and expansion of the capacity…
ORS 390.063 Lottery bonds for state park projects. The Legislative Assembly declares that the purpose of ORS 390.060 to 390.067 is to authorize lottery bonds for state park projects. The lottery bonds authorized by ORS 390.060 to 390.067 shall be issued pursuant to ORS 286A.560 to 286A.585. The obligation of the State of Oregon with respect to the bonds and with respect to any grant agreement or other commitment authorized by ORS 267.334, 285B.410, 285B.422, 285B.482, 285B.530 to 285B.548 and 390.060 to 390.067 shall at all times be restricted to the availability of unobligated net lottery proceeds, proceeds of lottery bonds and any other amounts specifically committed by ORS 286A.560 to 286A.585. Neither the faith and credit of the State of Oregon nor any of its taxing power shall be pledged or committed to the payment of lottery bonds or any other commitment of the State of Oregon authorized by ORS 390.060 to 390.067. [1997 c.800 §1; 1999 c.44 §22; 2005 c.835 §31; 2007 c.783 §178a]
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Note: See note under 390.060.
ORS 390.065 Findings; use of Oregon State Lottery proceeds. The Legislative Assembly finds that
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(1) Expenditures by visitors to Oregon state parks and by employees of the State Parks and Recreation Department currently contribute approximately $549 million each year to local economies throughout Oregon. The acquisition, development, improvement, upgrading, preservation and …
ORS 390.067 Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund. (1) State park lottery bonds shall be issued only at the request of the State Parks and Recreation Director. State park lottery bonds may be issued in an amount sufficient to provide no more than $105 million of net proceeds to pay costs of state park projects, plus the amounts required to pay bond-related costs
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(2) The Oregon Parks for the Future Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of the state park lottery bonds which are available to pay costs of state park projects shall be credited to the Oregon Parks…
ORS 390.070 [1997 c.800 §5; repealed by 1999 c.44 §29]
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[Repealed or reserved.]
ORS 390.073 [1997 c.800 §6; repealed by 1999 c.44 §29]
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[Repealed or reserved.]
ORS 390.075 [1997 c.800 §7; repealed by 1999 c.44 §29]
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[Repealed or reserved.]
ORS 390.077 [1997 c.800 §8; repealed by 1999 c.44 §29]
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[Repealed or reserved.]
ORS 390.080 [1997 c.800 §8a; repealed by 1999 c.44 §29]
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[Repealed or reserved.]
ORS 390.110 [Formerly 366.345; repealed by 1989 c.904 §48]
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STATE PARKS AND RECREATION DEPARTMENT (Generally)
ORS 390.111 Creation of department; jurisdiction and authority. (1) The State Parks and Recreation Department is created. The department consists of the State Parks and Recreation Commission, the State Parks and Recreation Director and all other officers and employees of the department
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(2) Except as may be provided by an agreement to the contrary between the State Parks and Recreation Commission and the county, city or political subdivision thereof which exercised jurisdiction and authority over the park, ground or place prior to acquisition by the state, the d…
ORS 390.112 Additional criteria for acquiring and developing new historic sites, parks and recreation areas. The State Parks and Recreation Department shall propose to the State Parks and Recreation Commission additional criteria for the acquisition and development of new historic sites, parks and recreation areas. The criteria shall include but need not be limited to
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(1) Criteria to address opportunities that may be lost to the department if acquisition is delayed, such as Whelan Island in Tillamook County and Cape Sebastian in Curry County; (2) Criteria to protect significant cultural and historic properties, such as Thompson’s Mills in Linn…
ORS 390.114 State Parks and Recreation Commission. (1) There is established a State Parks and Recreation Commission consisting of seven members appointed by the Governor
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(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Govern…
ORS 390.117 Commission officers; meetings; function; delegation of authority. (1) The Governor shall designate one member as chairperson, and the members shall select such other officers, for such terms and with such duties and powers necessary for the performance of such offices as the State Parks and Recreation Commission determines appropriate
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(2) A majority of the members of the commission constitutes a quorum for the transaction of business. (3) The commission shall meet at least once every three months at a time and place determined by the commission. The commission also shall meet at such other times and places as …
ORS 390.120 [Formerly 366.175; 1979 c.186 §17; repealed by 1989 c.904 §48]
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[Repealed or reserved.]
ORS 390.121 Powers of commission. In carrying out its responsibilities, the State Parks and Recreation Commission may
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(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, rel…
ORS 390.122 Requirements for establishing priorities for acquisition. In establishing its priorities for acquisition, the State Parks and Recreation Commission shall
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(1) Consider the criteria and specific examples set forth in ORS 390.112; and (2) Encourage public nominations of significant resources that meet the criteria established pursuant to ORS 390.112 and other criteria pertaining to the acquisition of historic sites, parks and recreat…
ORS 390.124 Commission rulemaking authority; charges for use of parks and other areas; exceptions. (1) In accordance with any applicable provision of ORS chapter 183, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the commission
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(2)(a) The commission may adopt by rule a schedule setting forth the range of reasonable charges that may be assessed for the use of areas established and maintained by the department. The range of user fees relating to recreational vehicles must be 25 percent greater for nonresi…
ORS 390.127 State Parks and Recreation Director; appointment; compensation. (1) The State Parks and Recreation Commission shall appoint as State Parks and Recreation Director an individual well qualified by training and experience to serve for a term of four years unless sooner removed by the commission
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(2) The director shall receive such salary as may be prescribed by law. In addition to salary, subject to applicable law regulating travel and expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performan…
ORS 390.130 [Formerly 366.180; 1979 c.186 §18; repealed by 1989 c.904 §48]
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[Repealed or reserved.]
ORS 390.131 Duties of director. The State Parks and Recreation Director is the executive head of the State Parks and Recreation Department and shall
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(1) Be responsible to the State Parks and Recreation Commission for administration and enforcement of the duties, functions and powers imposed by law upon the commission and the department. (2) Appoint, supervise and control all commission employees and, under policy direction of…
ORS 390.134 State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts. (1) As used in this section
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(a) “Camper” has the meaning given that term in ORS 801.180. (b) “County” includes a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a count…
ORS 390.135 Parks Subaccount; sources; uses. (1) Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 from the Oregon State Lottery, 50 percent shall be deposited into a Parks Subaccount. The State Treasurer may invest and reinvest the moneys in the Parks Subaccount as provided in ORS 293.701 to 293.857. Interest from the moneys deposited in the Parks Subaccount and earnings from investment of the moneys in the subaccount shall be credited to the subaccount
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(2) Moneys deposited from the Oregon State Lottery to the Parks Subaccount may be used only for: (a) Maintaining, constructing, improving, developing, managing and operating state parks, ocean shores, public beach access areas, historic sites, natural areas and outdoor and recrea…
ORS 390.137 State Parks and Recreation Department Operating Fund. (1) There is established in the State Parks and Recreation Department a revolving fund known as the State Parks and Recreation Department Operating Fund. Moneys shall be transferred from the State Parks and Recreation Department Fund to the State Parks and Recreation Department Operating Fund as needed
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(2) Parks Donation Trust Fund moneys shall be transferred to the State Parks and Recreation Department Operating Fund for disbursement for purposes stated in ORS 390.153 (2). (3) Disbursements may be made by check of the department upon the State Treasurer signed by such officer …
ORS 390.139 Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers. (1) The State Parks and Recreation Department shall administer a program designed to allow volunteers to assist in the operation and maintenance of Oregon’s state parks. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteers in park operation and maintenance, assigning each volunteer to a specific state park. The program shall be called the Oregon Adopt-a-Park Program
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(2) Private landowners with parks adjacent to their property are vital to the success of the Oregon Adopt-a-Park Program. The State Parks and Recreation Department shall ensure that participants in the program comply with requirements to obtain permission from landowners for acce…
ORS 390.140 Powers and duties of State Parks and Recreation Director. (1) Under the direction of the State Parks and Recreation Commission, the State Parks and Recreation Director shall
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(a) Study and appraise the recreation needs of this state and assemble and disseminate information relative to recreation, considering both tourist and local needs. (b) Investigate the recreation facilities, personnel, activities and programs existing or needed in the various are…
ORS 390.141 Agreements between State Parks and Recreation Department and private organizations; restrictions; reports. (1) In order to further the strategic priorities of the State Parks and Recreation Department, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations for the benefit of the department
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(2) At least 30 days before the director may enter into an agreement under subsection (1) of this section, the department shall: (a) Submit a copy of the proposed agreement to the Legislative Assembly in the manner provided by ORS 192.245; and (b) Provide public notice of the pro…
ORS 390.142 Rules. The State Parks and Recreation Director shall adopt rules to carry out the provisions of ORS 390.141. The rules shall include, but need not be limited to
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(1) Procedures and forms to be used by a private, nonprofit organization desiring to enter into an agreement with the director under ORS 390.141; (2) Restrictions on the use of the state seal on promotional items described in ORS 390.141 (4)(c) in order to ensure that such use is…
ORS 390.143 Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys. (1) In order to further the interpretive and educational functions of recreation facilities in Oregon, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services to recreation facilities in Oregon
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(2) An organization entering into an agreement with the director under subsection (1) of this section may: (a) Provide educational or interpretive material for sale at a recreation facility; (b) Acquire display materials and equipment for exhibits at a recreation facility; (c) Pr…
ORS 390.144 Rules for ORS 390.143. The State Parks and Recreation Director shall adopt rules to carry out the purpose of ORS 390.143. The rules shall include but need not be limited to
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(1) Procedures and forms to be used by an organization desiring to enter into an agreement with the director under ORS 390.143; (2) Guidelines for approving the interpretive material an organization proposes to provide to a recreation facility; and (3) Provisions for renewing or …
ORS 390.150 Gifts and grants for State Parks and Recreation Department. The State Parks and Recreation Department may accept and expend, use or dispose of moneys and property from any public or private source, including the federal government, made available to the department in the form of grants, gifts, devises, bequests or endowments for the purpose of carrying out any of the provisions and purposes of ORS 390.140 to 390.150 or to facilitate the carrying out of any of the functions of the State Parks and Recreation Director under ORS 390.140 to 390.150. [Formerly 366.183]
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[Repealed or reserved.]
ORS 390.153 Parks Donation Trust Fund; sources; uses. (1) The Parks Donation Trust Fund is established as a fund in the State Treasury. All gifts or donations of money received by the State Parks and Recreation Department shall be deposited with the State Treasurer and credited by the treasurer to the fund. The treasurer may establish subaccounts in the fund established in this section if the treasurer determines that the terms of a gift or donation require a separate subaccount. Any interest or other income derived from the depositing or other investing of the fund shall be credited monthly to the fund except that interest or other income attributable to a subaccount shall be credited to that subaccount
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(2) Moneys in the Parks Donation Trust Fund and in any subaccount of the fund are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no specific purpose is specified, for park and recreation purposes de…
ORS 390.155 Authority for State Parks and Recreation Department to accept gifts or donations. The State Parks and Recreation Department may accept gifts or donations of moneys or property to be used for specific or general park and recreational purposes. Subject to the terms specified in a gift or donation, the State Parks and Recreation Commission may authorize use of gifts or donations in a manner that, in the commission’s judgment, best carries out the intent of the gift or donation. [1987 c.181 §2]
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[Repealed or reserved.]
ORS 390.160 [Formerly 366.350; 1977 c.556 §1; 1979 c.134 §2; 1979 c.186 §20; 1987 c.358 §1; 1989 c.550 §4; repealed by 1989 c.904 §48]
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[Repealed or reserved.]
ORS 390.170 [Formerly 366.545; repealed by 1975 c.184 §1]
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[Repealed or reserved.]
ORS 390.180 Standards for recreational planning and fund disbursement; rules; park master plans. (1) The State Parks and Recreation Director shall adopt rules that
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(a) Establish the standards the State Parks and Recreation Department shall use when that department: (A) Performs comprehensive statewide recreational planning; or (B) Disburses any moneys to tribal, regional or local governments or other state agencies under programs establishe…
ORS 390.182 Statewide accessibility design standards for recreation projects. (1) The State Parks and Recreation Department shall establish statewide recommended standards for the design of recreation projects, including trails, docks and public recreation access points, to ensure that state recreation areas are accessible to members of the public of all mobility levels
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(2) The department shall apply the statewide recommended standards to all future department recreation projects. [2021 c.613 §4] Note: 390.182 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislat…
ORS 390.190 Revolving fund. (1) A revolving fund not to exceed the aggregate amount of $100,000 may be established within the State Parks and Recreation Department Fund by a warrant drawn on any funds, other than General Fund, appropriated to or authorized for expenditure by the State Parks and Recreation Department
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(2) The fund shall be at the disposal of the State Parks and Recreation Department and may be used by the department: (a) To compensate employees for salaries, travel expenses, relocation expenses and other work-related expenditures; and (b) To pay for services, supplies and mate…
ORS 390.195 Use of state correctional institution adult in custody labor for maintenance and improvement at state parks. (1) The State Parks and Recreation Department shall use state correctional institution adult in custody labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to the use of state correctional institution adult in custody labor under this section
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(2) The State Parks and Recreation Director shall assign and supervise the work of the state adults in custody who are performing the work described in subsection (1) of this section. (3) Nothing in this section is intended to exempt the State Parks and Recreation Department from…
ORS 390.200 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Parks and Recreation Department may require the fingerprints of a person who
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(1)(a) Is employed or applying for employment by the department; (b) Provides services or seeks to provide services to the department as a contractor or volunteer; or (c) Is a licensee of the department or is applying for a license, or renewal of a license, that is issued by the …
ORS 390.210 [Formerly 366.355; 1971 c.741 §37; 1987 c.158 §68; repealed by 1989 c.904 §48]
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[Repealed or reserved.]
ORS 390.215 [1979 c.792 §2; 1987 c.158 §69; repealed by 1989 c.904 §48]
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[Repealed or reserved.]
ORS 390.220 [Formerly 358.520; repealed by 1989 c.904 §48]
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[Repealed or reserved.]
ORS 390.230 Fort Stevens Military Reservation; Clatsop Spit. (1) The right, title and interest of all state agencies, other than the State Fish and Wildlife Commission and political subdivisions, in the lands described in subsection (2) of this section are hereby vested in the State or Oregon by and through its State Parks and Recreation Department
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(2) All of the lands, together with the accretions thereto lying westerly of the east line of section 7, township 8 north, range 10 west, Willamette Meridian, Clatsop County, State of Oregon, extending northerly to the main channel of the Columbia River as it existed on May 19, 1…
ORS 390.231 Development of Crissey Field as state park. Consistent with ORS 390.010 and 390.180, the State Parks and Recreation Department shall develop a plan to make Crissey Field in Brookings a state park. The department may jointly develop the park with the State of California. [1999 c.562 §1]
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Note: 390.231 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 390.232 Tax on government camping and recreational vehicle spaces. (1) If a local government, as defined by ORS 174.116, imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government
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(2) Notwithstanding any timeline imposed by a local government for remitting tax receipts, a tax collected by the state or a local government pursuant to this section may be held by the collecting agency until the amount of money held by the agency equals or exceeds $100. Once th…
ORS 390.233 [2017 c.678 §2; 2021 c.613 §11; renumbered 390.241 in 2021]
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[Repealed or reserved.]