Chapter 390 — Chapter 390

ORS 390.234 [2017 c.678 §3; renumbered 390.242 in 2021]

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ORS 390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty. (1)(a) A person may not excavate or alter an archaeological site on public lands, make an exploratory excavation on public lands to determine the presence of an archaeological site or remove from public lands any material of an archaeological, historical, prehistorical or anthropological nature without first obtaining a permit issued by the State Parks and Recreation Department

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ORS 390.237 Removal without permit; exceptions. In addition to the provisions of ORS 273.241, if any individual or institution excavates or removes from the land designated in ORS 390.235 any materials of archaeological, historical, prehistorical or anthropological nature without obtaining the permit required in ORS 390.235, all materials and collections removed from such lands, with the exception of native Indian human remains, funerary goods, sacred objects and objects of cultural patrimony, which shall go directly to the appropriate Indian tribe, are under the stewardship of the State of Oregon and shall be assigned to the Oregon State Museum of Anthropology with the expressed approval of the appropriate Indian tribe. [Formerly 273.711; 1993 c.459 §13; 1995 c.543 §10]

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ORS 390.240 Mediation and arbitration of disputes; rules. (1) The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section

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ORS 390.241 Office of Outdoor Recreation; duties; report. (1) The Office of Outdoor Recreation is established as an administrative section within the State Parks and Recreation Department, subject to the supervision of the Associate Director of Outdoor Recreation and the policies and procedures established by, and recommendations of, the State Parks and Recreation Director and the State Parks and Recreation Commission

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ORS 390.242 Associate Director of Outdoor Recreation; appointment; compensation; duties. (1) The State Parks and Recreation Director, upon consultation with and the approval of the State Parks and Recreation Commission, shall appoint an Associate Director of Outdoor Recreation to serve as the executive head of the Office of Outdoor Recreation within the State Parks and Recreation Department. The director and the commission shall appoint 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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ORS 390.243 Outdoor Recreation Advisory Committee. (1) The Outdoor Recreation Advisory Committee is established as an advisory committee to the Office of Outdoor Recreation for the purpose of carrying out the duties described in subsection (2) of this section. The State Parks and Recreation Director, upon consultation with the State Parks and Recreation Commission, shall determine the number of members of the committee. The Governor shall appoint the members of the committee, taking into consideration the geographic, racial, ethnic and gender diversity of this state and ensuring that a majority of the committee members represent historically underserved communities

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ORS 390.245 Commemorative coins authorized; sale; use of proceeds. (1) The State Treasurer may issue commemorative coins for sale to the public. Such coins shall commemorate Oregon history, people or resources and shall not constitute legal tender and may include the use of the state seal of Oregon under ORS 186.023. If the State Treasurer decides to issue commemorative coins using the state seal, no private entity shall be authorized to use the state seal on any commemorative coins

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ORS 390.247 Design; contracted services. (1) The State Treasurer shall select or provide for the selection of the design of the commemorative coins described in ORS 390.245 and shall make such arrangements as the State Treasurer considers appropriate for the production and sale of the coins and shall provide for the production of coins in such numbers considered appropriate

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ORS 390.250 Development of recreational use of lands by Jackson County; application for state funds. (1) In furtherance of the state policy declared in ORS 390.010, the governing body of Jackson County, Oregon, may prepare and adopt a plan to promote the public scenic, park and recreational use of lands along Bear Creek that lie within the boundaries of Jackson County. The county governing body may, in preparing any such plan, designate lands or interest in such lands situated within the county that the county and all cities described in subsection (2) of this section consider necessary for immediate or future acquisition for public use for scenic, park or recreational purposes

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ORS 390.255 Use of funds to acquire land interests; conditions of grants. (1) The State Parks and Recreation Department may enter into agreements with cities in Jackson County and with Jackson County and make grants of money from such funds as may be available therefor to assist them in acquiring any lands or any interest therein for scenic, park and recreational purposes in accordance with a plan adopted by the governing body of Jackson County. The grants of money that may be made by the department for the acquisition of any lands or interests shall not be less than 50 percent of such acquisition cost subject to availability of funds therefor. All remaining costs, including but not limited to future operation and maintenance costs, shall be borne by the city or county in a manner satisfactory to the department. No grant of money shall be made by the department under this subsection for any lands or interests acquired by a city or county prior to July 22, 1973

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ORS 390.260 Application to Willamette River Greenway; restriction on condemnation to acquire lands. (1) Nothing in ORS 390.250 to 390.260 applies to the Willamette River Greenway created pursuant to ORS 390.310 to 390.368

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ORS 390.262 Oregon Main Street Revitalization Grant Program; duties of State Parks and Recreation Department; project proposals; conditions; rules. (1) As used in this section and ORS 390.264

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ORS 390.264 Oregon Main Street Revitalization Grant Program Fund. (1) The Oregon Main Street Revitalization Grant Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Main Street Revitalization Grant Program Fund shall be credited to the fund

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ORS 390.270 Definitions for ORS 390.270 to 390.290. As used in ORS 390.270 to 390.290

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ORS 390.275 Purpose of ORS 390.270 to 390.290. (1) The purpose of ORS 390.270 to 390.290 is to encourage cities, counties and rural fire protection districts to provide lifesaving services along the ocean shore

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ORS 390.280 Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules. In addition to the other duties of the State Parks and Recreation Department, the department shall

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ORS 390.285 Application by local governing body for reimbursement; report of activities required. (1) To obtain a grant for reimbursement of the expenses incurred in providing lifesaving services along the ocean shore, a governing body of a city, county or rural fire protection district shall file with the State Parks and Recreation Department a request for reimbursement of funds used during the prior fiscal year for capital acquisitions made and to pay expenses incurred for direct program costs in providing such services. The request shall include

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ORS 390.290 Schedule for reimbursement of local governing bodies. (1) Expenditures made from city, county or rural fire protection district funds to provide lifesaving services along the ocean shore shall be reimbursed by the State Parks and Recreation Department in accordance with this section

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ORS 390.292 Willamette Falls Park Fund. (1) The Willamette Falls Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Willamette Falls Park Fund shall be credited to the fund. The Willamette Falls Park Fund consists of moneys deposited in the fund under section 9, chapter 786, Oregon Laws 2013, and section 30, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly

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ORS 390.295 Jurisdiction of State Forestry Department and State Parks and Recreation Department. The State Forestry Department shall retain primary responsibility for management of the Tillamook State Forest, provided, however, that the State Parks and Recreation Department is responsible for management of developed recreation facilities as identified in the recreation plan. [1991 c.889 §3]

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ORS 390.300 Tillamook Forest Recreation Trust Account; sources; uses. (1) The Tillamook Forest Recreation Trust Account is established as a subaccount in the Parks Donation Trust Fund established pursuant to ORS 390.153. All gifts or donations of money received by the state for purposes of developing or implementing the recreation plan described in section 1, chapter 889, Oregon Laws 1991, shall be deposited with the State Treasurer and credited to the subaccount

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ORS 390.303 Reconnect Forest Park Fund. (1) The Reconnect Forest Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Reconnect Forest Park Fund shall be credited to the fund. The Reconnect Forest Park Fund consists of moneys deposited in the fund under section 32, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly

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ORS 390.305 Salmonberry Trail; plan; coordination. (1) The State Parks and Recreation Department and the State Forestry Department shall, in cooperation with other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop a plan to construct a trail along or adjacent to the portion of the former Pacific Railway and Navigation Company line between Banks and Tillamook, to be known as the Salmonberry Trail. The plan shall identify and address

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ORS 390.307 Salmonberry Trail Trust Fund. The Salmonberry Trail Trust Fund is established in the State Treasury, separate and distinct from the General Fund. All gifts, grants, appropriations or donations received by the state for purposes of developing or implementing the plan described in ORS 390.305 shall be deposited in the Salmonberry Trail Trust Fund. All moneys in the fund are continuously appropriated to the State Forestry Department for the purposes of developing and implementing the plan. [2014 c.68 §3]

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ORS 390.308 Oregon Coast Trail; plan; coordination; report. (1) The State Parks and Recreation Department shall, in cooperation with the Department of Transportation, other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop an action plan to complete the Oregon Coast Trail. The plan shall identify and address

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ORS 390.310 Definitions for ORS 390.310 to 390.368. As used in ORS 390.310 to 390.368, unless the context requires otherwise

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ORS 390.314 Legislative findings and policy. (1) The Legislative Assembly finds that, to protect and preserve the natural, scenic and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities and objects on lands along the Willamette River for public education and enjoyment and to further the state policy established under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic, historical and recreational greenway upon lands along the Willamette River to be known as the Willamette River Greenway

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ORS 390.318 Preparation of development and management plan; content of plan. (1) The State Parks and Recreation Department, in cooperation with units of local government that have lands along the Willamette River within their respective boundaries, shall prepare a plan for the development and management of the Willamette River Greenway as described in ORS 390.314. Such plan may be prepared for segments of the Willamette River and may be submitted as segments for approval under ORS 390.322. Such plan shall specify the boundaries of the Willamette River Greenway and the lands and interests in land situated within such boundaries to be acquired in the development of such greenway. There shall be included within the boundaries of the Willamette River Greenway all lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and such other lands along the Willamette River as the department and units of local government consider necessary for the development of such greenway; however, the total area included within the boundaries of such greenway shall not exceed, on the average, 320 acres per river mile along the Willamette River. The Willamette River Greenway shall also include all islands and all state parks and recreation areas situated along the Willamette River; however, for the purposes of computing the maximum acreage of lands within such greenway, the acreage of lands situated on such islands and within such state parks and recreation areas shall be excluded

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ORS 390.320 [1967 c.551 §2; 1973 c.87 §1; repealed by 1973 c.558 §17]

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ORS 390.322 Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan. (1) Following the preparation of the plan or any segment thereof under ORS 390.318, the State Parks and Recreation Department shall submit such plan or segment to the Land Conservation and Development Commission. The commission shall investigate and review such plan or segment as it considers necessary. If the commission finds that the plan or segment complies with ORS 390.310 to 390.368, it shall approve the plan or segment. If the commission finds revision of any part of the submitted plan or segment to be necessary, it may revise the plan or segment itself or require such revision by the department and units of local government

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ORS 390.330 Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited. (1) The State Parks and Recreation Department may enter into agreements with units of local government and make grants of money to assist units of local government in acquiring lands or any interest in lands situated within the boundaries of the Willamette River Greenway for exclusive public use for scenic and recreational purposes and to assist units of local government in preserving and restoring historical sites, structures, facilities and objects on lands along the Willamette River as may be determined by the department to be in accordance with the plan approved under ORS 390.322 and to further the purposes of the Willamette River Greenway as set forth in ORS 390.314. Each such agreement shall provide for the transfer by the department to the unit of local government of any scenic or public easement acquired by the department under ORS 390.310 to 390.368 with respect to lands acquired by the unit of local government under this section. The grants of money that may be made by the department for any property or property rights or for the initial preservation and restoration of historical sites, structures, facilities and objects shall not exceed 50 percent of the cost thereof. All remaining costs, including future operation and maintenance, shall be borne by the unit or units of local government in a manner satisfactory to the department. No grant of money shall be made by the department for property acquired by any unit of local government prior to June 30, 1967, or for costs incurred by any unit of local government prior to October 5, 1973, in the preservation and restoration of historical sites, structures, facilities and objects

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ORS 390.332 Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation. (1) Except as otherwise provided in subsection (4) of this section, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain

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ORS 390.334 Acquisition of scenic easements in lands subject to development plan; farmlands not to be acquired by condemnation; nature of easement; acquisition of other interests. (1) Except as otherwise provided in subsection (2) of this section, after the date of the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322, the State Parks and Recreation Department may acquire scenic easements in any lands described in such plan or segment pursuant to ORS 390.318 (2)(d). Each such easement may be acquired by any means, including but not limited to the exercise of the power of eminent domain

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ORS 390.338 Limitations on use of condemnation power; acquisition of certain farmlands; disposition of acquired lands; compensation for acquired lands. (1) Notwithstanding ORS 390.121, the State Parks and Recreation Department may only exercise the power of eminent domain in the acquisition of lands or interests therein that are situated within the boundaries of the Willamette River Greenway for state parks or recreation areas in the parcels of land described in section 8a, chapter 558, Oregon Laws 1973

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ORS 390.340 Department rules. The State Parks and Recreation Department shall make and promulgate rules and regulations that it considers necessary in carrying out ORS 390.310 to 390.368. [1967 c.551 §4; 1973 c.558 §11]

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ORS 390.350 Intergovernmental agreements; use of gifts and grants. Units of local government may enter into agreements with the State Parks and Recreation Department and with each other in carrying out the purposes of the Willamette River Greenway, and may accept and use gifts and grants from the department or others. [1967 c.551 §5; 1973 c.558 §12]

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ORS 390.360 Title to, and use and disposition of, lands acquired by local governmental units. All lands or interests in lands acquired and all historical sites, structures, facilities and objects preserved and restored by the units of local government pursuant to ORS 390.330 with grants of money from the State Parks and Recreation Department, may be used only for the purposes of the Willamette River Greenway as set forth in ORS 390.314, unless a different use is authorized by the department. Title to the lands or interest therein so acquired shall be held by the unit of local government acquiring the same. Such lands or interest therein and such historical sites, structures, facilities and objects preserved and restored shall never be disposed of or sold except upon the approval and consent of the department. [1967 c.551 §6; 1973 c.87 §3; 1973 c.558 §13; 1989 c.904 §22]

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ORS 390.364 Taxation of lands subject to scenic easements. For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any land owned by the state is so exempt. [1973 c.558 §7; 1981 c.804 §98; 1991 c.459 §393]

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ORS 390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement. In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural causes to vegetation on any land subject to a scenic easement within the boundaries of the Willamette River Greenway in accordance with the terms of the scenic easement acquired on such land. [1973 c.558 §9]

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ORS 390.400 Public electric vehicle charging stations. (1) The State Parks and Recreation Department shall allow for the installation and service of public electric vehicle charging stations in parking spaces that are part of the facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites throughout the State of Oregon

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ORS 390.405 Parks and Recreation Transportation Electrification Fund. (1) The Parks and Recreation Transportation Electrification Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Parks and Recreation Transportation Electrification Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department to carry out ORS 390.400

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ORS 390.410 [Formerly 358.610; repealed by 1987 c.14 §12]

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ORS 390.415 [1977 c.482 §2; repealed by 1987 c.14 §12]

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ORS 390.420 [Formerly 358.615; 1969 c.314 §31; 1977 c.482 §4; repealed by 1987 c.14 §12]

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ORS 390.430 [Formerly 358.620; 1977 c.482 §5; repealed by 1987 c.14 §12]

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ORS 390.440 [Formerly 358.625; repealed by 1977 c.482 §6]

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ORS 390.450 [Formerly 358.630; repealed by 1987 c.14 §12]

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ORS 390.460 [1977 c.482 §3; repealed by 1987 c.14 §12]

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ORS 390.500 [1987 c.14 §1; renumbered 196.150 in 1989]

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