Statute Text
Powers
of commission.
In
carrying out its responsibilities, the State Parks and Recreation Commission
may:
(1) Acquire by
purchase, agreement, donation or by exercise of eminent domain, real property
or any right or interest therein deemed necessary for the operation and
development of state parks, roads, trails, campgrounds, picnic areas, boat
ramps, nature study areas, waysides, relaxation areas, visitor and interpretive
centers, department management facilities, such as shops, equipment sheds,
office buildings, park ranger residences or other real property or any right or
interest because of its natural, scenic, cultural, historic or recreational
value, or any other places of attraction and scenic or historic value which in
the judgment of the State Parks and Recreation Department will contribute to
the general welfare, enjoyment and pleasure of the public.
(2) Construct,
improve, develop, manage, operate and maintain facilities and areas, including
but not limited to roads, trails, campgrounds, picnic areas, boat ramps and
nature study areas named in subsection (1) of this section.
(3) Sell, lease,
exchange or otherwise dispose or permit use of real or personal property,
including equipment and materials acquired by the department, if in the opinion
of the department it is no longer needed, required or useful for department
purposes, except that:
(a) Real property
may be leased when such real property will not be needed for department
purposes during the leasing period.
(b) Real property
used for park purposes may be donated to the United States Department of
Interior for the purpose of establishing a national monument when in the
judgment of the department such disposition would best serve the interests of
this state.
(c) Proceeds from
the sale of all surplus or unsuitable lands held for park purposes shall be
deposited in the Parks Donation Trust Fund for use for park land acquisition or
development. Proceeds from the sale of other property shall be paid by the
department to the State Treasurer for credit to the State Parks and Recreation
Department Fund, and any interest from this fund shall be credited to this
fund.
(d)(A) Before
offering forest products for sale, the department shall cause the forest
products to be appraised.
(B) If the
appraised value of the forest products exceeds $25,000, the department shall
offer the forest products for sale by competitive bid. A sale under this
paragraph is not subject to the Public Contracting Code. Prior to such bid
offering, the department shall give notice not less than once a week for three
consecutive weeks by publication in one or more newspapers of general
circulation in the county in which the forest products are located and by such
other media of communication as the department deems advisable. The minimum bid
price and a brief statement of the terms and conditions of the sale must be in
the notice.
(C) The notice
and competitive bidding under subparagraph (B) of this paragraph are not
required if the State Parks and Recreation Director declares an emergency to
exist that requires the immediate removal of the timber. If an emergency has
been so declared:
(i) The timber,
regardless of value, may be sold by a negotiated price; and
(ii) The director
shall make available for public inspection a written statement giving the
reasons for declaring the emergency.
(e) In the case
of real property acquired by eminent domain, the prior owner of real property
for which sale, lease, exchange or other disposal is proposed must be given the
first opportunity to reacquire the property in accordance with ORS chapter 35.
(4) Enter into
contracts deemed necessary for the construction, maintenance, operation,
improvement or betterment of parks or for the accomplishment of the purposes of
chapter 904, Oregon Laws 1989. All contracts executed by the department shall
be made in the name of this state, by and through the department.
(5) In carrying
out its duties, functions and powers under this chapter, publish guides and
other materials relating to recreational opportunities in this state or to any
program or function administered by the department. The department may arrange
for the sale of such publications. The price of such publications shall include
the cost of publishing and distributing the materials. All moneys received by
the department from the sale of publications shall be deposited in the State
Parks and Recreation Department Fund. The department may contract for the
publication of the materials described in this subsection, including the
research, design and writing of the materials. The contract may include, among
other matters, provisions for advance payment or reimbursement for services
performed under the contract. [1989 c.904 §9; 2019 c.90 §2]
Note:
Legislative Counsel has
substituted chapter 904, Oregon Laws 1989, for the words this 1989 Act in
section 9, chapter 904, Oregon Laws