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

ORS 390.142. Rules. The State Parks and Recreation Director shall adopt rules to carry out the provisions of ORS 390.141. The rules shall include, but need not be limited to: (1) Procedures and forms to be used by a private, nonprofit organization desiring to enter into an agreement with the director under ORS 390.141; (2) Restrictions on the use of the state seal on promotional items described in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.143. Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys. (1) In order to further the interpretive and educational functions of recreation facilities in Oregon, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services to recreation facilities in Oregon. (2) An organization entering into an agreement with the director under subsection (1) of this section may: (a) Provide educational or interpretive material for sale at a recreation facility; (b) Acquire display materials and equipment for exhibits at a recreation facility; (c) Provide support for special recreation facility interpretive programs or environmental education programs; (d) Support recreation facility libraries; or (e) Provide support for other interpretive projects related to a specific recreation facility. (3) If the director enters into an agreement with a private organization under subsection (1) of this section, the State Parks and Recreation Department may: (a) Provide incidental personnel services to the organizations interpretive program; and (b) Provide space at a recreation facility for the interpretive materials provided by the organization. (4) Any money received from the sale of publications or other materials provided by an organization pursuant to an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services of the recreation facility for which the organization provides interpretive services. (5) As used in this section, recreation facility includes but is not limited to state parks and all recreational, historical and scenic attractions owned or under the control of the State of Oregon and administered by the State Parks and Recreation Department.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.144. Rules for ORS 390.143. The State Parks and Recreation Director shall adopt rules to carry out the purpose of ORS 390.143. The rules shall include but need not be limited to: (1) Procedures and forms to be used by an organization desiring to enter into an agreement with the director under ORS 390.143; (2) Guidelines for approving the interpretive material an organization proposes to provide to a recreation facility; and (3) Provisions for renewing or dissolving an agreement between an organization and the director.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.150. Gifts and grants for State Parks and Recreation Department. The State Parks and Recreation Department may accept and expend, use or dispose of moneys and property from any public or private source, including the federal government, made available to the department in the form of grants, gifts, devises, bequests or endowments for the purpose of carrying out any of the provisions and purposes of ORS 390.140 to 390.150 or to facilitate the carrying out of any of the functions of the State Parks and Recreation Director under ORS 390.140 to
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.153. Parks Donation Trust Fund; sources; uses. (1) The Parks Donation Trust Fund is established as a fund in the State Treasury. All gifts or donations of money received by the State Parks and Recreation Department shall be deposited with the State Treasurer and credited by the treasurer to the fund. The treasurer may establish subaccounts in the fund established in this section if the treasurer determines that the terms of a gift or donation require a separate subaccount. Any interest or other income derived from the depositing or other investing of the fund shall be credited monthly to the fund except that interest or other income attributable to a subaccount shall be credited to that subaccount. (2) Moneys in the Parks Donation Trust Fund and in any subaccount of the fund are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no specific purpose is specified, for park and recreation purposes determined by the State Parks and Recreation Commission.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.155. Authority for State Parks and Recreation Department to accept gifts or donations. The State Parks and Recreation Department may accept gifts or donations of moneys or property to be used for specific or general park and recreational purposes. Subject to the terms specified in a gift or donation, the State Parks and Recreation Commission may authorize use of gifts or donations in a manner that, in the commissions judgment, best carries out the intent of the gift or donation.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.170. [Formerly 366.545; repealed by 1975 c.184 1]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.180. Standards for recreational planning and fund disbursement; rules; park master plans. (1) The State Parks and Recreation Director shall adopt rules that: (a) Establish the standards the State Parks and Recreation Department shall use when that department: (A) Performs comprehensive statewide recreational planning; or (B) Disburses any moneys to tribal, regional or local governments or other state agencies under programs established under state or federal law. (b) Establish a process for the development of a master plan for each state park, including public participation and coordination with affected local governments. (c) Establish a master plan for each state park, including an assessment of resources and a determination of the capacity for public use and enjoyment of each park, that the State Parks and Recreation Department shall follow in its development and use of each park. (d) Make state funding assistance available to tribal, regional or local governments that demonstrate cooperation with nonprofit veterans organizations for the construction and restoration of memorials honoring veterans and war memorials located on public property. (2) The State Parks and Recreation Director shall submit an adopted state park master plan to the local government with land use planning responsibility for the subject park.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.182. Statewide accessibility design standards for recreation projects. (1) The State Parks and Recreation Department shall establish statewide recommended standards for the design of recreation projects, including trails, docks and public recreation access points, to ensure that state recreation areas are accessible to members of the public of all mobility levels. (2) The department shall apply the statewide recommended standards to all future department recreation projects. [2021 c.613 4] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.190. Revolving fund. (1) A revolving fund not to exceed the aggregate amount of $100,000 may be established within the State Parks and Recreation Department Fund by a warrant drawn on any funds, other than General Fund, appropriated to or authorized for expenditure by the State Parks and Recreation Department. (2) The fund shall be at the disposal of the State Parks and Recreation Department and may be used by the department: (a) To compensate employees for salaries, travel expenses, relocation expenses and other work-related expenditures; and (b) To pay for services, supplies and materials not to exceed $300 for any transaction. (3) All vouchers for claims paid from the revolving fund shall be approved by the State Parks and Recreation Director. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.195. Use of state correctional institution adult in custody labor for maintenance and improvement at state parks. (1) The State Parks and Recreation Department shall use state correctional institution adult in custody labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to the use of state correctional institution adult in custody labor under this section. (2) The State Parks and Recreation Director shall assign and supervise the work of the state adults in custody who are performing the work described in subsection (1) of this section. (3) Nothing in this section is intended to exempt the State Parks and Recreation Department from the provisions of ORS 279.835 to 279.855 for any purpose other than the use of state correctional institution adult in custody labor. [1997 c.533 1; 1999 c.59 104; 2003 c.794 270; 2019 c.213 61] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.200. Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Parks and Recreation Department may require the fingerprints of a person who: (1)(a) Is employed or applying for employment by the department; (b) Provides services or seeks to provide services to the department as a contractor or volunteer; or (c) Is a licensee of the department or is applying for a license, or renewal of a license, that is issued by the department; and (2) Is, or will be, working or providing services in a position: (a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities; (b) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems; (c) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations; (d) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions, for sales or distribution of tickets or other instruments that can be exchanged for goods, services or access to events on department property or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state; (e) In which the person has responsibility for auditing agency financial transactions; (f) In which the person has access to personal information about employees, licensees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information; (g) In which the person has access to tax or financial information of individuals or business entities; (h) In which the person provides security, design or construction services for government buildings, grounds or facilities; (i) In which the person may issue citations under ORS 390.050; or (j) In which a person has key access to buildings and grounds that contain private property belonging or entrusted to exhibitors, promoters, licensees or event coordinators. [2005 c.730 55; 2009 c.542 1] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.220. [Formerly 358.520; repealed by 1989 c.904 48]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.230. Fort Stevens Military Reservation; Clatsop Spit. (1) The right, title and interest of all state agencies, other than the State Fish and Wildlife Commission and political subdivisions, in the lands described in subsection (2) of this section are hereby vested in the State or Oregon by and through its State Parks and Recreation Department. (2) All of the lands, together with the accretions thereto lying westerly of the east line of section 7, township 8 north, range 10 west, Willamette Meridian, Clatsop County, State of Oregon, extending northerly to the main channel of the Columbia River as it existed on May 19, 1967; bounded on the south by the south line of said section 7 extended westerly to the low water of the Pacific Ocean; and bounded on the north by the main channel of said Columbia River extended downstream to the Pacific Ocean. [1967 c.288 1,2]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.231. enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.232. Tax on government camping and recreational vehicle spaces. (1) If a local government, as defined by ORS 174.116, imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government. (2) Notwithstanding any timeline imposed by a local government for remitting tax receipts, a tax collected by the state or a local government pursuant to this section may be held by the collecting agency until the amount of money held by the agency equals or exceeds $100. Once the amount held by the collecting agency equals or exceeds $100, the agency shall remit the tax collected at the next following reporting period established by the local government for payment of the tax. A local government may not assess any penalty or interest against the state or a local government that withholds payments pursuant to this subsection. [1993 c.819 1; 2005 c.610 1] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.234. [2017 c.678 3; renumbered 390.242 in 2021] (Archaeological Sites and Historical Material)
ORS Chapter 390 — Scenic Waterways; Recreation

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.
ORS Chapter 390 — Scenic Waterways; Recreation

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: (a) A dispute with regard to the issuance of an archaeological permit under ORS
ORS Chapter 390 — Scenic Waterways; Recreation

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. (2) The associate director shall receive such salary as may be prescribed by law. In addition to salary, subject to applicable law regulating travel and expenses of a state officer, the associate director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties. (3) The associate director shall be responsible to the State Parks and Recreation Director and the State Parks and Recreation Commission for administration and enforcement of the duties, functions and powers imposed by law upon the office. (4) The associate director shall regularly consult with outdoor recreation representatives to assist the office in carrying out its duties under ORS
ORS Chapter 390 — Scenic Waterways; Recreation

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. (2) The committee shall advise the Associate Director of Outdoor Recreation and make recommendations on statewide outdoor recreation policy under ORS 390.241 by: (a) Reviewing statewide capacity for civic engagement in outdoor recreation planning and making recommendations to the office regarding options for increasing civic engagement; (b) Evaluating and making recommendations for improvements to current equity, diversity and inclusion efforts regarding outdoor recreation planning; (c) Providing recommendations for establishing and enhancing opportunities for safe and comfortable outdoor tourism and recreation for communities of color, members of lesbian, gay, bisexual, transgender, queer or questioning (LGBTQ) communities, people with disabilities and other historically marginalized groups; (d) Facilitating input from Indian tribes and tribal organizations; (e) Facilitating collaboration with other agency advisory committees; and (f) Providing recommendations and facilitating public input regarding any other issues regarding increasing public access to outdoor recreation. (3) Members of the advisory committee are not entitled to compensation, but in the discretion of the State Parks and Recreation Director may be reimbursed from funds available to the State Parks and Recreation Department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. [2021 c.613 7] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

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. (2) All moneys received by the State Treasurer from the sale of commemorative coins shall be paid into the State Treasury and credited to a separate Commemorative Coin Account established within the State Parks and Recreation Department Fund. The State Treasurer is authorized to charge the account the reasonable expenses incurred in the design, production and sale of the coins. (3) All moneys in the account, net of expenses charged, are appropriated continuously to the State Parks and Recreation Department for park land acquisition and development and for historical observances related to historical areas and sites.
ORS Chapter 390 — Scenic Waterways; Recreation

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. (2) In carrying out the State Treasurers duties, functions and powers with regard to the commemorative coins, the State Treasurer may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed pursuant to any such contract. All costs and expenses incurred pursuant to this section shall be paid from the Commemorative Coin Account established in ORS 390.245. [1991 c.582 3] LOCAL PARKS AND RECREATION SERVICES (Jackson County)
ORS Chapter 390 — Scenic Waterways; Recreation

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. (2) Each plan adopted under subsection (1) of this section shall be prepared in cooperation with and with the concurrence of all cities within the county that have lands within their respective boundaries that are adjacent or contiguous to Bear Creek. (3) After the adoption of a plan under subsection (1) of this section, the governing body of a city in Jackson County or of Jackson County may apply to the State Parks and Recreation Department under ORS 390.255 for grants of money to be used by the city or county in the acquisition of lands or any interests therein to carry out any such plan.
ORS Chapter 390 — Scenic Waterways; Recreation

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. (2) The department may require such information, as it considers advisable, from a city or the county applying for a grant of money under ORS 390.250 (3). The department may impose such conditions on the agreements entered into under subsection (1) of this section and on the use of moneys granted pursuant thereto as the department considers necessary in carrying out the state policy declared in ORS 390.010.