justicedao/ipfs_state_laws huggingface dataset:
736-007-0020 Campsite Survey (1) The Department shall ask each county to submit an inventory of its park and recreation areas containing campsites every two years to determine the number of campsites provided by each county. (2) For purposes of the inventory described in subsection (1) of this rule, a campsite is “provided by” a county if: (a) The county owns, operates and manages the site; or (b) The county operates and manages the site; and the county possesses the site pursuant to a fixed term lease of not less than 20 years, with a fixed payment schedule and no profit-sharing between the county and the lessor; or (c) The county owns the site or holds possession pursuant to a long-term lease as described in subsection (b) of this section; the county leases or subleases it to another public entity whose purposes include the provision of park and recreation opportunities; and the other public entity manages the site in accordance with the county’s written policy on parks and recreation; or (d) The county owns the site or holds possession pursuant to a long-term lease as described in subsection (b) of this section; the county contracts with a concessionaire for the operation of less than all aspects of the park or campground; the county selects the concessionaire through an open, competitive process; and the county retains control of management and the right to possession of the site. (3) Group campsites that do not meet the definition of a campsite shall not be included in the inventory. (4) Campsites which have not been eligible for inclusion in the inventory prior to January 1, 1996, shall not be considered eligible to be added unless they meet building code standards for recreational parks per ORS 446 and OAR 918-650. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 5-1995, f. & cert. ef. 7-2-96 PR 3-1994, f. & cert. ef. 4-22-94 PR 2-1984, f. & ef. 1-20-84
736-007-0025 Distribution of Moneys — County Park Assistance Program (1) On or about January 1 of each year the Department shall estimate the total revenues available for use in the County Park Assistance Program for the next fiscal year. The Department shall use the distribution formula in OAR 736-007-0015 to estimate each county’s allocation, and shall notify each county of the estimate. (2) By July 15 of each year, each county governing body shall certify to the Department, on forms supplied by the Department, that it will comply with the administrative rules governing the County Park Assistance Program. The certification shall include a statement of the county’s intended use of the revenues: (a) The county has budgeted its allocation for expenditure in the next fiscal year; or (b) The county will place its allocation in a dedicated parks and recreation fund for future expenditure; or (c) A combination of subsections (a) and (b) of this section; or (d) The county waives the use of its allocated revenues; (e) A county may elect to receive less than its allocated revenues in any given fiscal year. (3) Any county that does not certify by July 15 shall be deemed to have certified in accordance with subsection (2)(d) of this rule. (4) The Department shall calculate the proportion of total certified allocations to total estimated revenues. This proportion will be used in determining the amount of actual revenues to be distributed to counties each month during the fiscal year. (5) The distribution to counties that certified acceptance of revenues shall be made within 45 days after the end of each month. The amount shall be determined as follows: Total actual revenues for month x Total Certified Allocations Total Estimated Revenues x County Certified Allocation Total Certified Allocations = Distribution However, the amount distributed each month to Gilliam, Harney, Jefferson, Lake, Sherman, and Wallowa counties shall be at least $834. The effective date for implementing this rule shall re retroactive to July 1, 1994. (6) Revenues allocated for the Assistance Program, but not distributed by this section, shall become available to the Grant Program. (7) By September 1 of each year, the Department may ask each county to provide a report on the uses of the RV revenue for the prior fiscal year. The report form will be provided by the Department, along with an explanation of the need for the report. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 4-1995, f. & cert. ef. 5-3-95 PR 3-1994, f. & cert. ef. 4-22-94 PR 2-1984, f. & ef. 1-20-84
736-007-0035 County Parks Assistance Advisory Committee (1) The Advisory Committee shall be composed of seven members appointed by the Director. The committee membership, to serve nonconcurrent four-year terms, shall represent the following interests: (a) Two representatives of recreational vehicle owners; (b) Three county representatives including one from a county under 20,000 population, and one from a county parks department; (c) One representative for people with disabilities; (d) One citizen representative; (e) The chair shall be appointed by the Director from the committee membership, considering, when possible, the recommendation of the Advisory Committee. (2) Selection of committee representatives may be from a list of not less than two candidates for each position to be supplied by: (a) The Association of Oregon Counties shall recommend candidates for the county representatives; (b) The Good Sam Club or other recreation vehicle clubs shall recommend candidates to represent recreation vehicle owners; (c) The Oregon Disabilities Commission shall recommend candidates to represent people with disabilities; (d) Candidates for citizens representative may be requested from the Association of Oregon Counties, the Oregon Parks Association or other sources. (3) The Advisory Committee shall meet during November of the first year of each biennium, and at other times upon the call of the Director. It will establish a priority order of eligible projects for the Grants Program; will review the biennial campsite survey, and the Assistance Program distribution. (4) The travel, meals and lodging expenses of all members of the committee will be reimbursed by the Department according to rates established by the Department of Administrative Services and approved by the Director. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 3-1994, f. & cert. ef. 4-22-94 PR 2-1984, f. & ef. 1-20-84
736-007-0040 Assessment for Services (1) The Department will be incurring costs in the financial and programmatic administration and operation of the Assistance Program, Grant Program, and the Advisory Committee. Reimbursement of the Department’s actual direct and identifiable costs shall be made from the county RV registration fee revenues in the sub-account of the Parks and Recreation Department’s account in the State Treasury. Such moneys shall be transferred to the Department account at the end of each month. (2) At no time shall the amount transferred exceed the actual and identifiable costs. (3) For the purposes of implementing this section, the effective date shall be November 4, 1993. Statutory/Other Authority: ORS 390.117, 390.124 & 390.134 Statutes/Other Implemented: ORS 390.134 History: PR 3-1994, f. & cert. ef. 4-22-94 PR 2-1984, f. & ef. 1-20-84
736-008-0005 Purpose of Rule This division establishes the procedures and requirements used by the Oregon Parks and Recreation Department, State Liaison Officer, when distributing federal Land and Water Conservation Fund monies to eligible:state agencies and local governments, and the process for establishing the priority order in which projects shall be funded. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 6-2021, amend filed 06/25/2021, effective 06/25/2021 PR 7-1995, f. & cert. ef. 7-19-95 PR 4-1981, f. & ef. 4-1-81 1OTC 45, f. 11-27-74, ef. 1-1-75
736-008-0015 Federal Requirements The Land and Water Conservation Fund Act of 1965, as amended, provides matching grants to states and local units of government for acquisition and development of public outdoor recreation areas and facilities. All applicants for federal funding assistance must also satisfy the requirements delineated in the “National Park Service’s Land and Water Conservation Fund Grants Manual,” Volume 71 (March 11, 2021). [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 6-2021, amend filed 06/25/2021, effective 06/25/2021 PR 7-1995, f. & cert. ef. 7-19-95 PR 4-1981, f. & ef. 4-1-81 1OTC 45, f. 11-27-74, ef. 1-1-75
736-008-0020 Definitions For the purposes of this division the following definitions shall apply, unless the context clearly indicates otherwise: (1) “Acquisition” — The gaining of property rights, including but not limited to fee title or easements, for public use by donation or purchase. (2) “Conversion” — Property acquired, developed, or both with LWCF assistance that has been wholly or partly converted to other than public outdoor recreation uses. (3) “Current Park Master Plan” — A site-specific resource based plan guiding park acquisition, development, protection and management of park areas and facilities. (4) “Department” — The Oregon Parks and Recreation Department. (5) “Development” — The construction, rehabilitation, or expansion of facilities necessary for the use and enjoyment of public outdoor recreation resources. (6) “Director” — The Director of the Oregon Parks and Recreation Department. (7) “Implementation Program” — A requirement of SCORP which identifies salient recreation issues to be addressed over a two-year period. (8) “Land and Water Conservation Fund (LWCF)” — Those funds made available to the state through the Land and Water Conservation Fund Act of 1965 (Public Law 88-578). (9) “Local Comprehensive Plan” — The comprehensive land use plan prepared by each local jurisdiction within the state, as required by ORS chapter 197. (10) “Major Rehabilitation” — The repair, restoration, or reconstruction of eligible facilities which is necessitated by obsolescence, building code changes, accessibility standards, or normal wear and tear not attributed to lack of maintenance. (11) “Oregon Application Procedures Manual” — A manual prepared by the Department containing state and federal policies, procedures and instructions to assist local government agencies wishing to participate in LWCF assistance. (12) “Oregon Outdoor Recreation Committee (OORC)” — The committee appointed by the Director to prioritize LWCF project applications. (13) "Outdoor Recreation Legacy Partnership Program (ORLAP)" means the complementary federal grant program to the LWCF state-side formula grants program which supports projects that will acquire land for or develop outdoor recreation spaces in urban areas. (14) “Project Sponsor” — The recipient of the grant funds and the agency responsible for implementation of the project and the maintenance and operation of the site. (15) “State Comprehensive Outdoor Recreation Plan” — Otherwise known as SCORP, the document used to identify and assess Oregon outdoor recreation needs. (16) “State Liaison Officer (SLO)” — Designated by the Governor, the Director and their designees who have the responsibility to administer the stateside LWCF. (17) “State/Local Agreement” — Agreement between the state and project sponsor which authorizes the project to begin. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 6-2021, amend filed 06/25/2021, effective 06/25/2021 PR 7-1995, f. & cert. ef. 7-19-95 PR 1-1983, f. & ef. 2-18-83 PR 4-1981, f. & ef. 4-1-81 1OTC 45, f. 11-27-74, ef. 1-1-75
736-008-0025 Apportionment of Monies Between State and Local Agencies (1) Monies apportioned annually by the Department of Interior to the state from the federal Land and Water Conservation Fund shall be distributed, after covering administrative costs of the office of the State Liaison Officer to operate the program: (a) Not less than 60 percent of the remainder to units of local government and federally recognized Indian tribes; and (b) Up to 40 percent of the remainder to eligible state agencies. (2) Monies derived from project underruns, project cancellations, reduction in project scope may be made available to the Director to redistribute to state or local projects, subject to the discretion of the Secretary of the Interior. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 6-2021, amend filed 06/25/2021, effective 06/25/2021 PR 2-1997, f. 10-31-97, cert. ef. 11-4-97 PR 7-1995, f. & cert. ef. 7-19-95 PR 1-1983, f. & ef. 2-18-83 PR 4-1981, f. & ef. 4-1-81 1OTC 45, f. 11-27-74, ef. 1-1-75
736-008-0030 Conversions (1) Conversion Requirements: Property acquired or developed with LWCF and ORLP assistance shall be retained and used for public outdoor recreation in perpetuity. Any property so acquired, developed, or both shall not be wholly or partly converted to other than public outdoor recreation uses without the approval of the Department and of the National Park Service pursuant to the LWCF Act (54 U.S.C. section 200305(f)(3) and the regulations in of the LWCF Act, 36 CFR Part 59, and the regulations in the National Park Service’s Land and Water Conservation Fund Grants Manual,” Volume 71 (March 11, 2021). (a) If the current lease is within 5 years of termination, the Department will require a letter of intent to renew the lease from the leasing agency. Project sponsors must insure that the land within the project boundary will be used only for park and recreational purposes, Project Sponsor controls or will control the land, and that the Project Sponsor will not change the use of, sell, or otherwise dispose of land within the LWCF boundary, except upon approval of the Department and the National Park Service. (b) Project Sponsors that have not addressed or submitted documentation to the Department or the National Park Service for review and approval of an active conversion through the Land and Water Conservation Fund Program are not eligible to apply for LWCF funding assistance. (c) Project Sponsors who have addressed a conversion at the local level and have submitted documentation to the Department, the National Park Service, or both for review and approval of the conversion through the LWCF program may apply for funding assistance. (2) Assessment for Services. Any project sponsor requesting a conversion may be required to pay an advance deposit to the Department. The deposit would cover staff salary and Other Payroll Expenses (OPE), and administrative fees to process the conversion. The advance deposit amount will be based on the appraised value of the property to be converted. If the advance deposit does not cover all costs, the project sponsor will be billed for the balance due. If the total costs are less than the deposit, the Department will reimburse the project sponsor for the unused deposit amount. (a) Converted property appraised up to $50,000 will require a $1,000 deposit; (b) Converted property appraised from $50,001 to $100,000 will require a $2,000 deposit; (c) Converted property appraised above $100,000 will require a $3,000 deposit. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 6-2021, amend filed 06/25/2021, effective 06/25/2021 PR 2-1997, f. 10-31-97, cert. ef. 11-4-97 PR 7-1995, f. & cert. ef. 7-19-95 PR 4-1981, f. & ef. 4-1-81 1OTC 45, f. 11-27-74, ef. 1-1-75
736-008-0055 Emergency Procedure (1) Under extreme conditions such as severe cut backs of federal funds or complete elimination of these funds an emergency procedure may be initiated at the discretion of the Director. (2) The emergency procedure will establish new time lines and funding strategies to coincide with the time delay created at the federal level. The Director may delay or abolish time lines, and fund projects on the existing priority list with underruns and cancellations until either projects or money is exhausted. (3) Under the emergency procedure the Director will notify prospective applicants of any anticipated time changes and assure applicants of adequate lead time in developing new time lines. Statutory/Other Authority: ORS 390.180 Statutes/Other Implemented: ORS 390.180 History: PRD 6-2021, amend filed 06/25/2021, effective 06/25/2021 PR 7-1995, f. & cert. ef. 7-19-95 PR 1-1983, f. & ef. 2-18-83 PR 4-1982, f. & ef. 3-26-82
736-009-0006 Oregon Recreation Trails (1) The purpose of OAR 735-009-0005 to 735-009-0030 is to establish the procedures and criteria that the Oregon Recreation Trails Advisory Council will use in recommending to the department the establishment and designation of Oregon Recreation Trails. Pursuant to the Oregon Recreation Trails System Act, ORS 390.950 to 390.989 and 390.995, the following categories are established: (a) “Oregon Scenic Trails” may be comprised of routes that provide access to national, state, or regional resources of superlative quality and scenic splendor. (b) “Oregon Regional Trails” may be comprised of routes that provide connections to communities, recreation sites or trail systems, and close-to-home recreational opportunities. (c) “Oregon Scenic Bikeways” may be comprised of bicycle paths, designated transportation corridors, or a combination thereof. Oregon Scenic Bikeways may include route sections that are located in or near existing rights of way for roads or highways. (2) The goals and objectives of the Oregon Recreation Trails Program are to: (a) Provide recreation trails of superlative quality for the enjoyment and health of Oregonians and visitors; (b) Showcase a standard for excellence in the routing, construction, maintenance, and marking consistent with each trail’s character and purpose; (c) Preserve and enhance Oregon Recreation Trails; (d) Provide links to recreation sites and scenic, historic, natural, cultural resources along Oregon Recreation Trails; and (e) Preserve and protect the natural landscape, scenic features, historic character, and recreation opportunities within the trail corridor. (3) In furtherance of the goals and objectives established in section (2) of this rule, the department will: (a) Follow the process and criteria established in this division for evaluating, designating, updating and maintaining Oregon Recreation Trails; (b) Develop management strategies to preserve and enhance Oregon Recreation Trails; (c) Create and provide public information resource materials on Oregon Recreation Trails, and (d) Promote interest and support from local communities for creation, enhancement, and publicizing of local trails and recreation opportunities adjacent to or in close proximity to any Oregon Recreation Trails. Statutory/Other Authority: ORS 390.971(8) Statutes/Other Implemented: ORS 390.956, 390.959 - 390.962, 390.968 & 390.971 History: PRD 21-2009, f. & cert. ef. 12-8-09
736-009-0025 Oregon Scenic Bikeways Committee (1) The director shall appoint a Scenic Bikeways Advisory Committee composed of 13 members. (a) The following committee members shall be nominated by their respective directors for appointment: (A) A representative of the Oregon Tourism Commission (dba Travel Oregon); (B) A representative from the Oregon Department of Transportation; (C) A representative of a Federal lands management agency; and (D) A representative of the Oregon Bicycle and Pedestrian Advisory Committee established pursuant to ORS 366.112 (b) The following committee members shall be appointed by the director: (A) A representative of Oregon Destination Association; (B) A representative of the Oregon Recreation Trails Advisory Council (ORTAC) established pursuant to ORS 390.977; (C) A representative of counties who the director shall select in consultation with the Association of Oregon Counties; (D) A representative of cities who the director shall select in consultation with the League of Oregon Cities; and (E) Five at-large members, with at least one member who represents a historically underrepresented community and one member who represents persons with disabilities. (2) Committee members appointed under subsection (1)(b) may serve two consecutive four-year terms on the committee. (3) The director shall appoint the chair from the committee membership, considering the recommendations of the committee. (4) The committee shall meet at times and places specified by the call of the director. (5) A simple majority of committee members appointed under subsections (1)(a) and (b) constitutes a quorum for the transaction of business. (6) Function and Duties of Scenic Bikeways Committee: (a) The committee shall evaluate proposed Oregon Scenic Bikeways against the criteria provided in OAR 736-009-0030 and the Oregon Recreation Trails System Act, ORS 390.950 to 390.989 and 390.995(2). The committee shall make a recommendation to the director on each application for a proposed Oregon Scenic Bikeway. (b) The committee shall evaluate each Oregon Scenic Bikeway route at least once every five years. The committee may recommend that the department improve, remove, or reroute portions of a route no longer meeting the criteria for an Oregon Scenic Bikeway. Statutory/Other Authority: ORS 390.971(8) Statutes/Other Implemented: ORS 390.956, 390.959, 390.962, 390.968 & 390.971 History: PRD 1-2023, amend filed 06/15/2023, effective 06/15/2023 PRD 2-2016, f. & cert. ef. 5-2-16 PRD 21-2009, f. & cert. ef. 12-8-09 PRD 7-2008, f. & cert. ef. 9-15-08
736-010-0005 Purpose and Scope of Rules, Statutory Authority (1) The purpose of this division is to guide and govern the public use of park properties that are provided by the department pursuant to ORS 390.111 and 390.121, in a manner that upholds their scenic, historic, natural, cultural and recreational values. Additional information about the use of park properties is available on the state park website. (2) This division is adopted pursuant to the commission's authority to manage, operate and maintain park properties per ORS 390.121; the commission's authority to adopt rules necessary for the use and administration of park properties per ORS 390.124; and the authority of the director and park employees specifically designated by the director to enforce state park rules per ORS 390.050. (3) This division is based on an assessment of public uses currently allowed on park properties and does not, and is not intended to, create any obligation or liability on the part of the department to supervise or ensure the safety of park property visitors. The department does not assume any liability for the recreational use of park properties by the public beyond those specified in ORS 105.682. Statutory/Other Authority: ORS 390.050, 390.111, 390.121 & 390.124 Statutes/Other Implemented: ORS 390.124 History: PRD 2-2013, f. & cert. ef. 7-19-13 PRD 4-2005, f. & cert. ef. 5-5-05 PR 1-1990, f. & cert. ef. 5-14-90 PR 9-1981, f. & cert. ef. 4-6-81 1 OTC 2-1980, f. & cert. ef. 1-4-80 1 OTC 74, f. & cert. ef. 4-30-76 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75 1 OTC 56(Temp), f. & cert. ef. 4-4-75 1 OTC 23, f. & cert. ef. 2-19-74 1 OTC 17, f. & cert. ef. 12-20-73
736-010-0010 Statutory Authority and Procedures The text of this rule, 736-010-0010, was combined with rule 736-010-0005 above. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.050, 390.111, 390.121 & 390.124 History: PRD 4-2005, f. & cert. ef. 5-5-05 PR 1-1990, f. & cert. ef. 5-14-90 PR 9-1981, f. & cert. ef. 4-6-81 1 OTC 2-1980, f. & cert. ef. 1-4-80 1 OTC 74, f. & cert. ef. 4-30-76 1 OTC 59, f. 8-1-75, cert. ef. 8-25-75 1 OTC 56(Temp), f. & cert. ef. 4-4-75 1 OTC 23, f. & cert. ef. 2-19-74 1 OTC 17, f. & cert. ef. 12-20-73