justicedao/ipfs_state_laws huggingface dataset:
736-018-0110 Log Export Rules: Criteria Regarding Log Export of Eligibility to Bid on Department Timber Sale Contracts (1) In addition to all other requirements of law, any person submitting a bid for the purchase of state timber between the time this rule takes effect and June 10, 1991 must certify, in the form and manner specified by the Department, that: (a) The person will not export directly or indirectly unprocessed state timber; and (b) The person: (A) Has not exported directly or indirectly unprocessed timber originating from private lands in Oregon since September 10, 1990 except to meet contractual obligations made prior to September 10, 1990; (B) Will not export directly or indirectly unprocessed timber originating from private lands in Oregon other than as permitted pursuant to paragraph (A) of this subsection; and (C) Will complete on or before June 10, 1991 any pre-September 10, 1990 contractual obligations to export unprocessed timber originating from private lands in Oregon. (c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber to any other person without obtaining a certification from the person that meets the requirements of OAR 736-018-0130. (2) In addition to all other requirements of law, after June 10, 1991 a person previously not eligible to bid for state timber under section (1) of this rule may bid for state timber if the person certifies in a form and manner specified by the Department that: (a) The person will not directly or indirectly export unprocessed state timber; (b) Unless exempted by section (3) of this rule, the person has not exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and (c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber to any other person without obtaining a certification from the person that meets the requirements of OAR 736-018-0130. (3) The Department may waive the 24 month requirement contained in subsection (2)(b) of this rule if: (a) Prior to June 10, 1991 the person certifies to the Department they will cease exporting unprocessed timber originating from private lands in Oregon no later than one year from the date of said certification; (b) They cease all exporting of unprocessed timber originating from private lands in Oregon within the one-year period stated in the certification; and (c) If the person ceases exporting activities as stated in their certification, the person will then become eligible to submit a bid for the purchase of state timber provided they complete the certification required by section (2) of this rule. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0115 Log Export Rules: Prohibition Against Indirect Substitution In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the Department may purchase state timber from any other person. Acquisitions of Western Red Cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0120 Log Export Rules: Applicable State Timber All unprocessed timber, as defined in OAR 736-018-0105, which originates from state lands is prohibited from export. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0125 Log Export Rules: Surplus Timber The prohibitions against export contained in OAR 736-018-0105 to 736-018-0145 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0130 Log Export Rules: Reporting Requirements (1) Before the Department will issue final acceptance of timber sale contract requirements, a purchaser of state timber must: (a) Notify the Department of the delivery destination of all timber purchased under that contract. Notification will be made in a form and manner prescribed by the Department; (b) Prior to selling trading, exchanging, or otherwise conveying state timber to any other person, the purchaser of state timber shall obtain a certification of the person’s eligibility to purchase state timber, and their intent to comply with the terms and conditions contained in this section. Certification will be made in form and manner as prescribed by the Department and shall be forwarded to the Department upon completion of the transaction. Obtaining certification shall not relieve the purchaser’s responsibility to provide the Department with an accounting of the final delivery destination of that timber. (2) Any performance bond required by a state timber sale contract may be retained by the Department, until satisfactory notification of state timber delivery destination has been received by the Department. (3) Failure to provide the Department with a final accounting of the delivery destination of state timber will be considered in violation of these export regulations. Violators will be subject to the penalties contained in OAR 736-018-0135. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0135 Log Export Rules: Purchaser Disqualification and Termination of Contracts (1) The Department shall keep a record of any person who violates the requirements of OAR 736-018-0105 to 736-018-0140. In addition, the Department shall subscribe to and keep lists or records of persons who violate the requirements of export rules of other Oregon state agencies. (2) A person whose name appears on the records for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 736-018-0105 to 736-019-0140 or any other Oregon state agency’s log export rules shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045. (3) The Department may suspend operations and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 736-018-0105 to 736-018-0140, and assess damages according to the following formula: D = (OSV+AC) - (PR+RSV), where: D = Damages and Expenses OSV = Original Sale Value (timber only — does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales. AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law. PR = Payments Received RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the Department’s estimate of remaining volume, multiplied by the dollar values stated in the contract. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0140 Log Export Rules: Log Branding and Marking Requirements (1) All state timber originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of wood, both ends of all logs originating from state timber sales shall be hammer branded and both ends shall be painted with a paint type and color to be determined by the Department. In making this determination, the Department shall coordinate with other state agencies to avoid possible confusion. (2) If properly marked state timber is sub-divided into smaller pieces for any other purpose than immediate processing, each piece must be branded with a state brand specifically used for this purpose and signifying the unprocessed timber is state timber ineligible for export. The Department’s export restriction branding hammers can be obtained from the Department at cost upon request. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-018-0145 Log Export Rules: Enforcement Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the Department, or contracted by the Department to other state or federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the Department to the appropriate federal or state agency for prosecution or other legal action. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & cert. ef. 5-29-91 PR 1-1991(Temp), f. & cert. ef. 1-2-91
736-019-0000 Scope and Purpose This division implements the statutory mandate in ORS 390.112 to describe criteria for the acquisition and development of new historic sites, parks and recreation areas. The purpose of this division is to establish a methodology for consideration of land acquisition and land exchange that will allow the Parks and Recreation Department to: (1) Identify and acquire the best representative landscapes and most significant sites in Oregon for the purpose of protecting the State's most valuable natural, scenic, cultural, historic, and recreational resources; (2) Ensure the general public's access to and enjoyment of these sites as compatible with OPRD cultural and sustainability policies; (3) Ensure that the themes of Oregon's natural and human history are woven into the master development plans of new and existing properties; and (4) Foster appreciation and enjoyment of outdoor recreation resources by conserving, developing and maintaining waterways, scenic roads, highway corridors, trails and State recreation areas. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-019-0020 Definitions As used in this division, unless the context requires otherwise: (1) "Acquisition" means obtaining title to real property or any right or interest therein, or an interest in timber or other assets, by purchase, agreement, donation, exchange, gift, devise, or by exercise of eminent domain. (2) "Commission" means the State Parks and Recreation Commission. (3) "Department" means the State Parks and Recreation Department. (4) "Director" means the State Parks and Recreation Department Director. (5) "Exchange" means the simultaneous, mutual transfer between willing parties of one or more interests in land, timber, other assets of equal value, or any combination thereof,. (6) "Other assets" means cash or forms of consideration other than land or an interest in timber, including but not limited to access rights, mineral rights, and water rights. (7) "Third party" means any person other than the Department or the owner(s) of property that is the subject of an acquisition or exchange. (8) “Overwhelming public benefit” means a Commission determination in the approval of a property exchange that accounts for the natural, scenic, cultural, historic, recreational, and operational benefits of a proposal that are likely to be above and beyond the monetary value of the exchange. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-019-0040 Policy The Department shall use sound principles of real estate acquisition when acquiring or exchanging real property, comply with all federal and state laws pertaining to real property acquisition, and ensure the prudent use of public monies in its real property transactions. The Department aspires to: (1) Ensure that the discharge of its fiduciary responsibility for the use of public funds receives the highest priority. (2) Seek to preserve the public’s confidence in our business practices and stewardship of real estate assets. (3) Conduct real estate transactions in an atmosphere of openness, honesty and integrity with land owners and the public, and maintain the confidentiality of such transactions to the extent allowed by law when it serves the public interest or to avoid harm to private citizens' interests. (4) Balance the need for and benefits of public open space with impacts on local tax revenue and private economic opportunity. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-019-0060 Criteria for Acquisition (1) The Department will: (a) Establish and maintain a list of properties and areas of interest. The Department may acquire properties on that list as they become available, subject to approval and the availability of funds. (b) Consider park master plans adopted pursuant to ORS 195.120, the State Trails Plan, the Willamette Greenway Plan or other plans adopted by the Commission that identify certain land acquisitions as desired and needed. (c) Acquire properties as specifically directed by Acts of the Oregon Legislature. (d) Acquire other properties that contribute to the established goals of the Department but were not previously included on a list of properties of interest or identified in a Department plan. (2) The purpose of the Department and the public's interests are served when an acquisition satisfies one or more of the following objectives: (a) Protects areas of outstanding natural, scenic, cultural, historic and recreational significance for the enjoyment and education of present and future generations. (b) Consolidates state park parcels, trail systems or greenways so that more efficient management and administration of the state park system is made possible. (c) Provides a buffer to adjacent or nearby development that may diminish the recreation or conservation values of a state park parcel. (d) Provides access to recreation areas for management or protection of state park parcels, and (e) Addresses opportunities that may be lost to the Department if acquisition is delayed. (3) The acquisition or exchange of all real property shall be consistent with the Department's purpose and its long-range planning goals, and shall be prioritized through a rating system. The rating system will evaluate an acquisition or exchange's significance as it relates to the Department's mission, development and operational costs, geographic distribution, diversity of values, public demand, and other factors connected to its feasibility as a state park. The Commission will periodically review the rating system. (4) The Department will look favorably at opportunities for acquisitions and exchanges that enhance the overall management of existing park lands. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-019-0080 Sources of Funding The Department will: (1) Purchase lands with appropriations granted by the Legislature. (2) Use proceeds from land sales to purchase other lands pursuant to ORS 390.121(3). (3) Accept donated private funds and donated lands. (4) Seek state, federal and private grants for land purchases when appropriate. (5) Employ land exchanges when the land traded away is less suitable for open space and recreation than the land received. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-019-0100 Acquisition Practices (1) The Department will: (a) Engage in land purchases and land sales in which the value of the land is established by an up-to-date appraisal prepared by an independent professional appraiser or a qualified government employee. (b) Obtain an independent review of appraisals when the appraised value exceeds $250,000.00. (c) Consult with local taxing entities of government when a land purchase has potential to cause a significant loss of property tax revenue. (d) Seek to purchase from willing sellers as the preferred method of buying land. (e) Exercise the greatest of restraint in using the power of eminent domain consistent with the spirit and intent of the laws authorizing such power. (f) Acquisitions and exchanges shall be made only with approval of the Commission. (g) The Director may pay up to $10,000.00 for an option or earnest money agreement if there is a high degree of certainty, without committing a future Legislature, that the funds to complete the subject purchase will be forthcoming. Option payments in excess of $10,000.00 shall only be made if approved by the Commission. (h) The Department will utilize sound business principles in securing appraisals and conducting negotiations, and shall complete its due diligence in connection with all real property acquisitions and exchanges, including the request for and review of title searches, hazardous material assessments, agreements with third parties intended to facilitate an acquisition by the Department, and any other documents necessary to make the best decision regarding a land purchase or exchange. (i) Appraisals upon which the Department makes an offer must be dated as close in time to the expected closing as possible, and not be older than one year. (j) The Department will require the appraiser to consider the new, anticipated, or intended use, income, or zone, if the Grantee proposing an exchange or sale intends, or is likely to pursue, a different highest and best use than the Department’s current use or zone. (k) Submit an Agency Surplus Real Property Notification to the Department of Administrative Services and request the notification of adjacent cities, appropriate counties and all state agencies for the sale, transfer, or exchange of any real property right from Department ownership. (l) Conduct a visual inspection and check the records for historical uses of any land considered for acquisition. If either the visual inspection or historic records provide information the Department determines merits further investigation of environmental issues, the Department will engage in additional environmental review. (2) In addition to the practices describe in section (1) of this rule, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for state recreation areas or access where such lands are held in private ownership, the department will also consider the criteria provided in ORS 390.630. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-019-0120 Working with Other Parties The Department may collaborate on land acquisitions with other parties, including county governments, state and federal agencies, non-profit organizations, private corporations, landowners, and private land trusts. It is the policy of the Department to seek out and engage in land acquisition collaborations when they are of mutual benefit and further the attainment of shared values and goals. In general, in addition to compliance with the rest of this division, the Department considers the following elements to be important to successful collaboration on land acquisitions: (1) Acquisition opportunities must align with the goals, strategies, and priorities for land acquisition established by the Commission; (2) The potential partner engages with the Department early in the process, and frequently throughout, including full disclosure and transparency on all of the details of the proposal. The Department commits to treat partners in the same way, both for projects brought to it, and where the Department seeks out a collaborator; (3) An understanding by the potential partner that discussions with the Department staff are preliminary and that only the Commission may approve a land acquisition; (4) The Department is very willing to give attention and publicity to projects and the accomplishments of partners and believes its participation in a deal can add to that; (5) A demonstration that the county, local community, interested state and federal agencies support the acquisition, and that the acquisition accommodates public use and access; (6) An understanding by the potential partner that the Department must undertake real estate transactions in a transparent manner and involve willing sellers who are paid fair market value and only after due diligence has been done, and risks adequately addressed; and (7) A recognition that the Department is subject to specific and extensive state statutes, rules, and public accountability. Statutory/Other Authority: ORS 390.121 & 390.124 Statutes/Other Implemented: ORS 390.112 390.117(5) & 390.121 History: PRD 3-2011, f. & cert. ef. 3-30-11 PRD 11-2004, f. & cert. ef. 9-15-04
736-020-0001 Scope and Purpose These rules implement the statutory mandates in ORS 390.605 to 390.660 and 390.690 to 390.770 to protect and preserve the scenic and recreational values and public rights in the ocean shore, permit certain types of development according to standards of review and grant emergency permits where property is in imminent peril of destruction by the Pacific Ocean or natural forces. The purpose of these rules is to describe the permitting requirements, fees, review standards, permit conditions, enforcement measures and administrative relief opportunities that apply to applicants for permits to make improvements on the ocean shore, construct pipelines, cables or conduits across the ocean shore, or to remove products along the ocean shore. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.605 - 390.770 & 390.990 - 390.995 History: PRD 7-2000, f. & cert. ef. 5-10-00