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

ORS 390.260. Application to Willamette River Greenway; restriction on condemnation to acquire lands. (1) Nothing in ORS 390.250 to 390.260 applies to the Willamette River Greenway created pursuant to ORS 390.310 to 390.368. (2) No land to which ORS 390.250 to 390.260 are applicable shall be acquired by the exercise of the power of eminent domain. [1973 c.668 3] (Oregon Main Street Revitalization Grant Program)
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.264. Oregon Main Street Revitalization Grant Program Fund. (1) The Oregon Main Street Revitalization Grant Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Main Street Revitalization Grant Program Fund shall be credited to the fund. (2) Moneys in the fund consist of: (a) Amounts donated to the fund; (b) Amounts appropriated or otherwise transferred to the fund by the Legislative Assembly; (c) Amounts deposited in the fund; (d) Investment earnings received on moneys in the fund; (e) Unused grant moneys returned pursuant to ORS 390.262 (8); and (f) Other amounts deposited in the fund from any source. (3) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes of ORS 390.262 and to pay the administrative costs associated with the fund. [2015 c.831 2] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.270. Definitions for ORS 390.270 to 390.290. As used in ORS 390.270 to 390.290: (1) Ocean shore has the meaning given that term in ORS 390.605. (2) Rural fire protection district means a district organized under or subject to ORS chapter 478.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.275. Purpose of ORS 390.270 to 390.290. (1) The purpose of ORS 390.270 to 390.290 is to encourage cities, counties and rural fire protection districts to provide lifesaving services along the ocean shore. (2) Any city, county or rural fire protection district that provides lifesaving services along the ocean shore may qualify for a matching fund grant for services and capital acquisitions under ORS 390.270 to 390.290.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.280. Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules. In addition to the other duties of the State Parks and Recreation Department, the department shall: (1) Make grants to cities, counties and rural fire protection districts to reimburse them for funds used to make capital acquisitions for and pay expenses incurred in providing lifesaving services along the ocean shore as provided in ORS 390.285 and 390.290. (2) Determine the eligibility of a city, county or rural fire protection district for, and the amounts of, such matching fund grants. (3) Establish and adopt minimum standards for lifesaving services at such places. (4) Advise governing bodies how to acquire and qualify for matching fund grants. (5) Adopt rules to carry out ORS 390.270 to 390.290.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.285. Application by local governing body for reimbursement; report of activities required. (1) To obtain a grant for reimbursement of the expenses incurred in providing lifesaving services along the ocean shore, a governing body of a city, county or rural fire protection district shall file with the State Parks and Recreation Department a request for reimbursement of funds used during the prior fiscal year for capital acquisitions made and to pay expenses incurred for direct program costs in providing such services. The request shall include: (a) A detailed statement of the funds expended for such services or capital acquisitions during the prior fiscal year, and shall indicate the source of such funds; and (b) Such other information as may be required by the department. (2) To be entitled to continue to receive a grant for reimbursement as authorized by ORS 390.270 to 390.290, the city, county or rural fire protection district with its request to the department shall submit a report of the capital acquisitions made and the lifesaving services provided during the previous year.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.290. Schedule for reimbursement of local governing bodies. (1) Expenditures made from city, county or rural fire protection district funds to provide lifesaving services along the ocean shore shall be reimbursed by the State Parks and Recreation Department in accordance with this section. (2) Within the limit of the funds available therefor, there shall be paid to an applicant city, county or rural fire protection district, on account of expenditures subject to reimbursement, 75 percent of any amount in excess of $5,000 so expended from the funds of the applicant in the prior fiscal year. (3) Upon approval of a request of a governing body, the department shall enter into a matching fund relationship to reimburse the funds used to pay expenses of providing such lifesaving services. (4) When approved by the department, claims by a city or county for reimbursement under subsections (2) and (3) of this section shall be presented for payment and paid from the City and County Subaccount of the State Parks and Recreation Department Fund in the manner other claims against that account are paid; however, if in any fiscal year the aggregate amount of the grants approved exceeds the funds available in that subaccount for the purposes of ORS 390.270 to 390.290, the department shall prorate the available funds among the grants approved. (5) When approved by the department, claims by a rural fire protection district under subsections (2) and (3) of this section shall be presented for payment and paid from the Fire Protection District Subaccount of the State Parks and Recreation Department Fund in the manner other claims against that account are paid. However, if in any fiscal year the aggregate amount of the grants approved exceeds the funds available in that subaccount for the purposes of ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.292. Willamette Falls Park Fund. (1) The Willamette Falls Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Willamette Falls Park Fund shall be credited to the fund. The Willamette Falls Park Fund consists of moneys deposited in the fund under section 9, chapter 786, Oregon Laws 2013, and section 30, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly. (2) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes described in section 9, chapter 786, Oregon Laws 2013, and section 30, chapter 812, Oregon Laws 2015. [2013 c.786 10; 2015 c.812 31] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.295. Jurisdiction of State Forestry Department and State Parks and Recreation Department. The State Forestry Department shall retain primary responsibility for management of the Tillamook State Forest, provided, however, that the State Parks and Recreation Department is responsible for management of developed recreation facilities as identified in the recreation plan. [1991 c.889 3] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.300. Tillamook Forest Recreation Trust Account; sources; uses. (1) The Tillamook Forest Recreation Trust Account is established as a subaccount in the Parks Donation Trust Fund established pursuant to ORS 390.153. All gifts or donations of money received by the state for purposes of developing or implementing the recreation plan described in section 1, chapter 889, Oregon Laws 1991, shall be deposited with the State Treasurer and credited to the subaccount. (2) Moneys in the Tillamook Forest Recreation Trust Account subaccount are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no purpose is specified, for purposes consistent with the recreation plan established under ORS 390.295 and this section. [1991 c.889 5] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.303. Reconnect Forest Park Fund. (1) The Reconnect Forest Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Reconnect Forest Park Fund shall be credited to the fund. The Reconnect Forest Park Fund consists of moneys deposited in the fund under section 32, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly. (2) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes described in section 32, chapter 812, Oregon Laws 2015. [2015 c.812 33] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.305. Salmonberry Trail; plan; coordination. (1) The State Parks and Recreation Department and the State Forestry Department shall, in cooperation with other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop a plan to construct a trail along or adjacent to the portion of the former Pacific Railway and Navigation Company line between Banks and Tillamook, to be known as the Salmonberry Trail. The plan shall identify and address: (a) Options for the development, maintenance and operation of each trail segment, and the costs associated with the development, maintenance and operation, that: (A) Take into account the existing uses of the land where trail segments are to be constructed, including active rail use; (B) Ensure that the designation of trail segments will not affect surrounding private property rights, including rights of way and easements, or require management of privately owned lands in a manner different from that required under the Oregon Forest Practices Act; (C) Ensure that the development, maintenance and operation of the trail segments do not affect active management of lands for their intended purposes as provided under ORS 530.050 and 530.490; and (D) Take into account the concerns of the public and other interested parties; (b) Potential sources of funding for implementation of the plan, including but not limited to federal, state and private sources; and (c) Options for designation of final state agency or other responsibility for the development, maintenance and operation of the trail and trail facilities as identified in the plan. (2) The State Parks and Recreation Department and the State Forestry Department may coordinate with nonprofit organizations to raise funds and to develop, maintain and operate trail and trail facilities as necessary to implement the plan developed under this section. [2014 c.68 1] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.307. Salmonberry Trail Trust Fund. The Salmonberry Trail Trust Fund is established in the State Treasury, separate and distinct from the General Fund. All gifts, grants, appropriations or donations received by the state for purposes of developing or implementing the plan described in ORS 390.305 shall be deposited in the Salmonberry Trail Trust Fund. All moneys in the fund are continuously appropriated to the State Forestry Department for the purposes of developing and implementing the plan. [2014 c.68 3] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.308. Oregon Coast Trail; plan; coordination; report. (1) The State Parks and Recreation Department shall, in cooperation with the Department of Transportation, other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop an action plan to complete the Oregon Coast Trail. The plan shall identify and address: (a) A preferred option for the development, maintenance and operation of each new trail segment intended to address a gap in the trail system, including the costs associated with the development, maintenance and operation, that: (A) Takes into account the existing uses of the land where trail segments are to be constructed, including public highway right-of-way, private or public ownership and active rail use; (B) Ensures that the designation of trail segments will not conflict with surrounding private property rights, including rights of way and easements; and (C) Takes into account the concerns of the public and other interested parties; (b) Prioritization of new trail segment construction based on resulting improved safety, immediacy of implementation, potential project sponsors and sources of funding; (c) Potential sources of funding for implementation of the plan, including but not limited to federal, state and private sources; and (d) Options for designation of final state agency or other responsible entities for the development, maintenance and operation of the trail and trail facilities as identified in the plan. (2) The State Parks and Recreation Department may coordinate with nonprofit organizations to raise funds and to develop, maintain and operate the trail and trail facilities as necessary to implement the plan. (3) The State Parks and Recreation Department shall submit an annual report to the Legislative Assembly on the progress made toward developing and implementing the plan required by this section. [2017 c.674 1] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.310. Definitions for ORS 390.310 to 390.368. As used in ORS 390.310 to 390.368, unless the context requires otherwise: (1) Channel includes any channel that flows water at ordinary low water. (2) Unit of local government means an incorporated city, county or any other political subdivision of this state. (3) Willamette River means that portion of the Willamette River, including all channels of the Willamette River, from its confluence with the Columbia River upstream to Dexter Dam and the Coast Fork of the Willamette River upstream to Cottage Grove Dam.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.314. Legislative findings and policy. (1) The Legislative Assembly finds that, to protect and preserve the natural, scenic and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities and objects on lands along the Willamette River for public education and enjoyment and to further the state policy established under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic, historical and recreational greenway upon lands along the Willamette River to be known as the Willamette River Greenway. (2) In providing for the development and maintenance of the Willamette River Greenway, the Legislative Assembly: (a) Recognizing the need for coordinated planning for such greenway, finds it necessary to provide for development and implementation of a plan for such greenway through the cooperative efforts of the state and units of local government. (b) Recognizing the need of the people of this state for existing residential, commercial and agricultural use of lands along the Willamette River, finds it necessary to permit the continuation of existing uses of lands that are included within such greenway; but, for the benefit of the people of this state, also to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands. (c) Recognizing that the use of lands for farm use is compatible with the purposes of the Willamette River Greenway, finds that the use of lands for farm use should be continued within the greenway without restriction. (d) Recognizing the need for central coordination of such greenway for the best interests of all the people of this state, finds it necessary to place the responsibility for the coordination of the development and maintenance of such greenway in the State Parks and Recreation Department. (e) Recognizing the lack of need for the acquisition of fee title to all lands along the Willamette River for exclusive public use for recreational purposes in such greenway, finds it necessary to limit the area within such greenway that may be acquired for state parks and recreation areas and for public recreational use within the boundaries of units of local government along the Willamette River.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.318. Preparation of development and management plan; content of plan. (1) The State Parks and Recreation Department, in cooperation with units of local government that have lands along the Willamette River within their respective boundaries, shall prepare a plan for the development and management of the Willamette River Greenway as described in ORS 390.314. Such plan may be prepared for segments of the Willamette River and may be submitted as segments for approval under ORS 390.322. Such plan shall specify the boundaries of the Willamette River Greenway and the lands and interests in land situated within such boundaries to be acquired in the development of such greenway. There shall be included within the boundaries of the Willamette River Greenway all lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and such other lands along the Willamette River as the department and units of local government consider necessary for the development of such greenway; however, the total area included within the boundaries of such greenway shall not exceed, on the average, 320 acres per river mile along the Willamette River. The Willamette River Greenway shall also include all islands and all state parks and recreation areas situated along the Willamette River; however, for the purposes of computing the maximum acreage of lands within such greenway, the acreage of lands situated on such islands and within such state parks and recreation areas shall be excluded. (2) The plan prepared pursuant to subsection (1) of this section, shall depict, through the use of descriptions, maps, charts and other explanatory materials: (a) The boundaries of the Willamette River Greenway. (b) The boundaries of lands acquired or to be acquired as state parks and recreation areas under ORS 390.338. (c) The lands and interests in lands acquired or to be acquired by units of local government under ORS 390.330 to 390.360. (d) Lands within the Willamette River Greenway for which the acquisition of a scenic easement, as provided in ORS 390.332, is sufficient for the purposes of such greenway. (3) The plan shall include the location of all known subsurface mineral aggregate deposits situated on lands within the boundaries of the Willamette River Greenway.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.322. Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan. (1) Following the preparation of the plan or any segment thereof under ORS 390.318, the State Parks and Recreation Department shall submit such plan or segment to the Land Conservation and Development Commission. The commission shall investigate and review such plan or segment as it considers necessary. If the commission finds that the plan or segment complies with ORS 390.310 to 390.368, it shall approve the plan or segment. If the commission finds revision of any part of the submitted plan or segment to be necessary, it may revise the plan or segment itself or require such revision by the department and units of local government. (2) Upon approval of the plan for the Willamette River Greenway or segment thereof, the commission shall cause copies of such plan or segment to be filed with the recording officer for each county having lands within the Willamette River Greenway situated within its boundaries. Such plan or segment filed as required by this subsection shall be retained in the office of the county recording officer open for public inspection during reasonable business hours. (3) If the plan for the Willamette River Greenway is prepared and approved in segments, the total of all such approved segments shall constitute the plan for the Willamette River Greenway for the purposes of ORS 390.310 to 390.368. The department and units of local government, with the approval of the commission, may revise the plan for the Willamette River Greenway from time to time.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.330. Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited. (1) The State Parks and Recreation Department may enter into agreements with units of local government and make grants of money to assist units of local government in acquiring lands or any interest in lands situated within the boundaries of the Willamette River Greenway for exclusive public use for scenic and recreational purposes and to assist units of local government in preserving and restoring historical sites, structures, facilities and objects on lands along the Willamette River as may be determined by the department to be in accordance with the plan approved under ORS 390.322 and to further the purposes of the Willamette River Greenway as set forth in ORS 390.314. Each such agreement shall provide for the transfer by the department to the unit of local government of any scenic or public easement acquired by the department under ORS 390.310 to 390.368 with respect to lands acquired by the unit of local government under this section. The grants of money that may be made by the department for any property or property rights or for the initial preservation and restoration of historical sites, structures, facilities and objects shall not exceed 50 percent of the cost thereof. All remaining costs, including future operation and maintenance, shall be borne by the unit or units of local government in a manner satisfactory to the department. No grant of money shall be made by the department for property acquired by any unit of local government prior to June 30, 1967, or for costs incurred by any unit of local government prior to October 5, 1973, in the preservation and restoration of historical sites, structures, facilities and objects. (2) Except as provided in subsection (3) of this section, a unit of local government is not authorized, for the purposes of this section, to acquire water rights or installations used in connection with such water rights or to acquire any property or property rights by condemnation. (3) A city, in the acquisition of any property or property rights within the boundaries of the Willamette River Greenway with grants of money made under this section, may use any power of condemnation otherwise provided by law for use by the city in such acquisition. [1967 c.551 3; 1973 c.87 2; 1973 c.558 10; 1989 c.904 20] (Land Acquisition)