justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.855. Designation of additional scenic waterways. The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 to 390.925. Consistent with such recommendation, the Governor may designate any river or segment of a river and related adjacent land as a scenic waterway subject to the provisions of ORS 390.805 to 390.925. The department shall consult with the State Fish and Wildlife Commission, the State Department of Agriculture, the Environmental Quality Commission, the Department of State Lands, and such other persons or agencies as it considers appropriate. The State Parks and Recreation Department shall conduct hearings in the counties in which the proposed additional rivers or segments of rivers are located. The following criteria shall be considered in making such report: (1) The river or segment of river is relatively free-flowing and the scene as viewed from the river and related adjacent land is pleasing, whether primitive or rural-pastoral, or these conditions are restorable. (2) The river or segment of river and its setting possess natural and recreation values of outstanding quality. (3) The river or segment of river and its setting are large enough to sustain substantial recreation use and to accommodate existing uses without undue impairment of the natural values of the resource or quality of the recreation experience.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.865. Authority of legislature over designation of additional scenic waterways. The designation of a river or segment of a river and related adjacent land, pursuant to ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.875. Transfer of public lands in scenic waterways to department; administration of nontransferred lands. Any public land within or adjacent to a scenic waterway, with the consent of the governing body having jurisdiction thereof, may be transferred to the jurisdiction of the State Parks and Recreation Department with or without compensation. Any land so transferred shall become state recreational land and shall be administered as a part of the scenic waterway. Any such land within a scenic waterway which is not transferred to the jurisdiction of the department, to the fullest extent consistent with the purposes for which the land is held, shall be administered by the body having jurisdiction thereof in accordance with the provisions of ORS 390.805 to 390.925.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.885. Exchange of property within scenic waterway for property outside waterway. In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway and, in exchange therefor, may convey to the grantor of the property any property under the departments jurisdiction that the department is not otherwise restricted from exchanging. Insofar as practicable, the properties so exchanged shall be of approximately equal fair market value. If they are not of approximately equal fair market value, the department may accept cash or property from, or pay cash or grant property to, the grantor in order to equalize the values of the properties exchanged.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.895. Use of federal funds. In addition to State of Oregon funds available for the purposes of ORS 390.805 to 390.925, the State Parks and Recreation Department shall use such portion of moneys made available to it by the Bureau of Outdoor Recreation and other federal agencies, including matching funds, as the department determines are necessary and available to carry out the purposes of ORS 390.805 to 390.925.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.905. Effect of ORS 390.805 to 390.925 on other state agencies. Nothing in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.910. Intergovernmental cooperation; county representative on management advisory committee. In carrying out the provisions of ORS 390.805 to 390.925, the State Parks and Recreation Department may enter into intergovernmental agreements to form committees to advise the various governmental agencies involved regarding management of the scenic waterways. Each such agreement must provide for membership on the committee of a representative of one of the governing bodies of the counties through which the scenic waterway flows. The county representative shall be chosen by the Governor from among those individuals recommended to the Governor by the county governing bodies.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.915. Determination of value of scenic easement for tax purposes; easement exempt. For ad valorem tax purposes, real property that is subject to a scenic easement shall be valued at its real market value, less any reduction in value caused by the scenic easement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.930. Definitions for ORS 390.930 to 390.940. As used in ORS 390.930 to 390.940: (1) Managing agencies includes: (a) State Parks and Recreation Department; (b) State Department of Fish and Wildlife; (c) Confederated Tribes of the Warm Springs Indian Reservation; (d) State Marine Board; (e) Sherman, Wasco and Jefferson Counties; (f) Oregon State Police; (g) United States Bureau of Land Management; (h) United States Bureau of Indian Affairs; and (i) The City of Maupin. (2) Recreation area means the Deschutes River Scenic Waterway Recreation Area created under ORS 390.932.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.932. Creation of Deschutes River Scenic Waterway Recreation Area. There is created the Deschutes River Scenic Waterway Recreation Area consisting of the segment of the Deschutes River scenic waterway under ORS 390.826 that is designated as the segment from immediately below the existing Pelton reregulating dam downstream approximately 100 miles to its confluence with the Columbia River, excluding the City of Maupin as its boundaries are constituted on October 4, 1977.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.934. Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget. (1) The State Parks and Recreation Department shall have primary management responsibility for the State of Oregon to manage the Deschutes River Scenic Waterway Recreation Area. In managing the recreation area, the department shall cooperate with other managing agencies having jurisdiction to manage all or part of the recreational area. (2) The department shall adopt a management plan by rule. The department shall implement the plan and shall prepare a budget for implementation taking into consideration the provisions of the management plan. [1987 c.624 3,19]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.936. Rules. In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Department shall adopt rules necessary to carry out those provisions of ORS 390.930 to 390.940 that the department is charged with administering. [1987 c.624 12,22]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.938. Guidelines for management and development. The Deschutes River Scenic Waterway Recreation Area shall be managed and developed in accordance with the following guidelines: (1) To the extent allowed under ORS 390.805 to 390.925, the recreational area shall be administered to allow continuance of compatible existing uses, while allowing a wide range of compatible river-oriented public outdoor recreation opportunities, to the extent that these do not impair substantially the natural beauty of the scenic waterway or diminish its aesthetic, fish and wildlife, scientific and recreational values. (2) The management plan shall stress a segment by segment design and shall include provisions for the development of appropriate facilities and services in the recreation area to meet resource needs for protection and preservation and user needs. This development may include but need not be limited to: (a) River and car camp development; (b) Sanitation stations for human waste and garbage; (c) Parking and access road improvement; (d) Signs indicating land ownership; (e) Tree and riparian zone protection and restoration; (f) Educational programs; and (g) Initiation of additional volunteer programs. (3) Before restricting access through the use of a permit system, all other management options shall be considered. (4) Special emphasis shall be placed on protecting the recreation area and all adjacent property from recreationist-caused wildfires. This goal shall be equal in priority to the other primary goals set forth in this section. This protection shall include but not be limited to: (a) Permanent adoption of a fire rule that provides the same protection as the fire rule in force during the 1986 fire season. (b) Requiring boater passes to include the name of the group leader, date and section of river used. (c) The establishment of information centers near major points of entry into the recreation area to provide users with information and education regarding the fire rules and general rules of the river. (d) Conducting cadet patrols at the levels considered necessary to facilitate reasonable compliance with recreation area rules. [1987 c.624 4,20]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.940. Relationship to other laws. The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions of ORS 390.805 to 390.925 and
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.950. Short title. ORS 390.950 to 390.989 and 390.995 (2) may be cited as the Oregon Recreation Trails System Act.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.956. Policy. (1) In order to provide for the ever-increasing outdoor recreation needs of an expanding resident and tourist population and in order to promote public access to, travel within and enjoyment and appreciation of, the open-air, outdoor areas of Oregon, trails should be established both near the urban areas of this state and within, adjacent to or connecting highly scenic areas more remotely located. (2) The purpose of ORS 390.950 to 390.989 and 390.995 (2) is to provide the means for attaining these objectives by instituting a system of recreation trails in this state, by designating certain trails as the initial components of that system, and by prescribing the methods of which, and standards according to which, additional components may be added to the system.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.959. Composition of trails system; establishment of markers. The system of Oregon recreation trails shall be composed of trails established as provided in ORS 390.962 and 390.965. The State Parks and Recreation Department, in consultation with appropriate federal, state and local governmental agencies and public and private organizations, shall establish a uniform marker for the system of Oregon recreation trails.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.962. Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected. (1) Upon finding that such trails will meet the criteria established in ORS 390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the State Parks and Recreation Department may prescribe, the department is encouraged and empowered to establish and designate Oregon recreation trails: (a) Over lands owned by the State of Oregon, by the federal government or by any county, municipality or other local governmental body, with the consent of the state agency, federal agency, county, municipality or other local governmental body having jurisdiction over the lands involved; or (b) Over lands owned by private persons, in the manner and subject to the limitations provided in ORS 390.950 to 390.989 and 390.995 (2). (2) In establishing such trails, the department shall give special recognition to the need for the establishment of recreation trails in or near, or reasonably accessible to, urban areas. Upon the establishment of any such trail, the department shall designate the primary kind of trail it is to be, based upon the mode or modes of travel to be permitted on such trail, including one or more of the following: (a) Footpath. (b) Horseback riding trail. (c) Bicycle path. (3) Nothing in ORS 390.950 to 390.989 and 390.995 (2) affects any other statute authorizing trails for motorized vehicles which is not inconsistent with ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.965. Hearing required; information to be considered. (1) The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only in accordance with the following criteria: (a) Emphasis shall be given to the development of trails across public lands. (b) No trails shall cross private land occupied by a residential dwelling, or upon which a residential dwelling is under construction, within 300 feet of such residential dwelling, without the consent of the owner. (c) Trails shall be selected to minimize the adverse effects on adjacent landowners or users and their operations. (d) Development and management of trails shall be designed to harmonize with and complement any established forest, agricultural, or other use plan that is compatible with the purposes of ORS 390.950 to 390.989 and 390.995 (2). (2) Before establishing a trail the department shall consider at a public meeting the following information: (a) The proposed route of such trail (including maps and illustrations) and the recommended mode or modes of travel to be permitted thereon; (b) The areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural or developmental purposes; (c) The characteristics that, in the judgment of the department, make the proposed trail suitable as an Oregon recreation trail; (d) The current status of land ownership and current and potential use along the designated route; (e) The estimated cost of acquisition of lands or interest in lands, if any; (f) The plans for developing and maintaining the trail and the cost thereof; (g) Any anticipated problems of policing the use of such trail and any anticipated hazards to the use of any privately owned lands adjacent to such trail; and (h) The extent to which the state or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in the administration thereof.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.968. Selection of rights of way for trails. (1) The State Parks and Recreation Department shall select the rights of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a) and (b). Such rights of way shall be: (a) Of sufficient width and so located as to protect natural conditions, scenic and historic features, and any primitive character of the trail area; to provide campsites, shelters, and related public-use facilities along trails in more remote areas; and to provide reasonable public access. (b) Located to avoid, in so far as reasonably practicable, established highways, motor roads, mining areas, power transmission lines, existing commercial and industrial developments, range fences and improvements, private logging operations, and any other activities that would be incompatible with the protection of the trailside environment in its natural condition and the use of the trail for outdoor recreation. (2) Notwithstanding subsection (1) of this section, it is recognized that in many instances (especially in urban areas and for some types of trails across or near private land) it may be advisable to locate segments of trails in or near existing rights of way for roads, highways, public utilities or telecommunications utilities, excluding power transmission lines; and it is recognized that trail rights of way on occasion may be located, or from time to time relocated, through, or adjacent to, lands used for private timber (including logging), agriculture, commercial or industrial operations and that such location or relocation of a trail right of way, of itself, shall not impose any limitation upon an otherwise lawful use of the adjacent private land except to the extent of the terms of any agreement with the private landowner as provided in ORS 390.971 (1) and except as may be provided by any zoning ordinance, law or regulation. (3) The location and width of an Oregon recreation trail right of way across federal lands under the jurisdiction of a federal agency shall be by agreement between that agency and the department. (4) In selecting a right of way, the department shall endeavor to obtain the advice and assistance of the local governments, private organizations, landowners, the land users concerned, and the advisory council established under ORS 390.977. (5) The department shall hold a public hearing in the area of the state where the selection of such right of way is to be made. Subject to ORS 390.971, after public hearing, the department may revise the location and width of a right of way from time to time as required by circumstances, with the consent of the head of any federal agency involved, and with such advice and assistance of the local governments, private organizations, landowners, land users, and the advisory council, as the department considers necessary or advisable.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.971. Department duties and powers; rules. (1) Within the exterior boundaries of areas under its administration that are included in the right of way selected for an Oregon recreation trail as provided in ORS 390.950 to 390.989 and
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.974. Intergovernmental cooperation to obtain property for use in trail system. The State Parks and Recreation Department is authorized and encouraged to consult and to cooperate with any state, federal or local governmental agency or body and with any privately owned utility having jurisdiction or control over or information concerning the use, abandonment or disposition of roadways, utility rights of way or other properties suitable for the purpose of improving or expanding the Oregon recreation trails system in order to assure, to the extent practicable, that any such properties having value for Oregon recreation trail purposes may be made available for such use.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.977. Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings. (1) There is established an Oregon Recreation Trails Advisory Council consisting of seven members, at least one from each congressional district in the state. However, not less than two of such members shall be from separate counties bordering upon the ocean shore. Members of the council shall be appointed by the State Parks and Recreation Commission and shall serve at the pleasure of the commission for terms of four years. Before the expiration of the term of a member, the commission shall appoint a successor. A member shall be eligible for reappointment. If there is a vacancy for any cause, the commission shall make an appointment to become immediately effective for the unexpired term. (2) The commission and the State Parks and Recreation Department shall consult with the council from time to time with respect to matters relating to Oregon recreation trails, including the designation and establishment of Oregon recreation trails, the selection of rights of way, the selection, erection and maintenance of markers along the trail routes and the administration of the trails. (3) Members of the council shall serve without compensation, but the department may pay expenses as provided in ORS 292.495. (4) The council shall select one of its members as chairperson. (5) A majority of the members of the council constitutes a quorum for the transaction of business. (6) The council shall meet at times and places specified by the call of the chairperson or a majority of the members of the council.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.980. Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users. In addition to State of Oregon funds available for the purposes of ORS 390.950 to 390.989 and
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.983. Trail property tax assessment. For ad valorem tax purposes, real property that is subject to an easement, or a written cooperative agreement, for purposes of ORS 390.950 to 390.989 and 390.995 (2) shall be valued at its real market value, less any reduction in value caused by the easement or the written cooperative agreement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.986. Injunctive relief for violation of ORS 390.950 to 390.989. The State Parks and Recreation Department has power to obtain injunctions against violations of any provisions of ORS 390.950 to 390.989 and any rules and regulations adopted under ORS 390.950 to 390.989 and agreements made under ORS 390.950 to 390.989.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.989. Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989. Any power of eminent domain otherwise vested in the State Parks and Recreation Department does not apply to any power or duty vested in the department by ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.990. Violations. (1) Subject to ORS 153.022, a person commits a Class A violation if the person violates: (a) ORS 390.678. (b) Any rule adopted under ORS 390.124. (c) Any rule adopted under ORS 390.340. (d) ORS 390.729. (e) Any rule adopted under ORS 390.845. (2) Notwithstanding any other provision of this section, violation of any rule adopted under this chapter for the regulation of vehicle speed in parks, including violations of rules relating to driving vehicles at a speed greater than a posted speed limit or greater than is reasonable and prudent, are subject to the same penalties as provided in ORS 811.109 for violation of a specific speed limit imposed under law or violation of a posted speed limit.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.992. Civil penalties. (1) Any person who violates any provision of ORS 390.610, 390.620 to 390.676,
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.997. Penalties for violation of ORS 166.155 or 166.165. (1) In addition to any other penalty imposed by law, for a period of at least six months, but not longer than five years from the date of entry of judgment of conviction, a person convicted of a violation of ORS 166.155 or 166.165 committed on the waters of this state or on publicly owned land used for outdoor recreation may not enter or remain in or on any building or land or water area under the jurisdiction of the State Parks and Recreation Department. (2) The court shall notify the department of the entry of a judgment of conviction described in subsection (1) of this section. (3) Notwithstanding subsection (1) of this section, a person convicted of a violation of ORS 166.155 or 166.165 may not be prohibited from entering or remaining in or on: (a) Any building or land or water area under the jurisdiction of the department while the person is performing community service under ORS 166.167; or (b) The grounds included within the State Capitol State Park under ORS 276.053 (1) to (5). [2021 c.393 1] Note:
ORS Chapter 414 — Medical Assistance

ORS 414.001. [Repealed by 1953 c.378 2]