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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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PARKS AND RECREATION DEPARTMENT

 

DIVISION 18

STATE PARK MASTER PLANNING

736-018-0000

Purpose

The purpose of OAR 736-018-0000 through 736-018-0045 is to implement provisions of ORS 390.180 which require the Director of the State Parks and Recreation Department to adopt rules that:

(1) Establish a process for the development of a master plan for each state park, including public participation and coordination with affected local governments; and

(2) Establish a master plan for each state park, including an assessment of resources and a determination of capacity for public use and enjoyment of each park.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PR 10-1981, f. & ef. 4-24-81; PR 5-1982, f. & ef. 4-23-82; PR 10-1982, f. & ef. 8-30-82, PR 11-1982, f. & ef. 9-23-82; PR 13-1982, f. & ef. 10-11-82; PR 9-1983, f. & ef. 8-18-83; PR 8-1986, f. & ef. 5-28-86; PR 1-1987, f. & ef. 3-2-87; PR 6-1988, f. & cert. ef. 12-16-88; PR 2-1991, f. & cert. ef. 3-5-91; PR 7-1991, f. & cert. ef. 6-13-91; PR 9-1991, f. & cert. ef. 6-14-91; PR 9-1993, f. & cert. ef. 6-3-93; PR 5-1995, f. & cert. ef. 7-7-95; PR 8-1995, f. 10-4-95, cert. ef. 10-13-95; PR 6-1996, f. 8-8-96, cert. ef. 8-12-96; PRD 4-1998, f. & cert. ef. 3-23-98; PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0005

Definitions

The following definitions, and the definitions in OAR 736-018-0020(1), apply to OAR 736-018-0000 through 736-018-0045 unless the context requires otherwise.

(1) "Administrative Site": Property owned or managed by the Department that is used solely for state park administration and/or maintenance facilities. An administrative site has no known outstanding resources or recreational values that would support the state park system mission and role, and is not within or contiguous to a state park.

(2) "Affected Local Government": A city or county having land use jurisdiction where a state park master plan or park use is proposed.

(3) "Commission": The Oregon State Parks and Recreation Commission.

(4) "Department": The Oregon State Parks and Recreation Department.

(5) "Director": The director of the Oregon State Parks and Recreation Department.

(6) "Endowment Property": Department-owned property which has no known outstanding resources or recreational values which would support the state park system mission and role, and which is intended for sale, trade, lease or donation to a different entity or for management for a purpose which does not directly support the state park system mission and role.

(7) "Master Plan": State park master plan.

(8) "Park Use Area": An area of a state park designated as one of the following: General Camping Area, Group Camping Area, Day Use Area, Park Interpretation/Information Area, Park Lodging Area, Park Retreat Area, Boating/Fishing Area, Swimming Beach Area, or Management/Maintenance Area. These park use areas are defined in the Department's "Traditional State Park Uses" list. Each park use area definition includes a description of the park facilities that may be provided within the park use area.

(9) "Park Visitor": Any member of the public who enters a state park for the primary purpose of enjoying or learning about the natural, historic or prehistoric, or scenic resources associated with the park setting.

(10) "SCORP": The State Comprehensive Outdoor Recreation Plan, which is the document used by the Department to identify and assess Oregon outdoor recreation needs.

(11) "State Park": Any property owned or managed by the Department that has been determined by the Department to have outstanding natural, cultural, scenic and/or recreational resource values that support the state park system mission and role. Endowment properties and administrative sites are not state parks for purposes of this division.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0010

Purpose of State Park Master Plans

The purpose of state park master plans is to plan for protection and public enjoyment of state park resources. Master plans identify and provide for protection of important natural, cultural and scenic resources within state parks, and provide for the most appropriate recreation-related uses for the parks based on resource opportunities and constraints, development opportunities and constraints, public recreational needs and the Department's role as a public recreation provider. Master plans also set forth natural, cultural and scenic resource management goals, objectives and guidelines for the parks. The master planning process provides a forum for public and agency participation in the completion of each master plan. State park master plans and master plan amendments are completed on a priority basis to address impacts on resources and resource management needs, to address critical and current recreational use levels and to plan for future use based on assessments of future recreation needs. The master planning process may include the identification of lands desired by the Department for acquisition in relation to the park being master planned, and identification of any potential new endowment properties within the parks.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0015

State Park Master Planning Process

This rule describes the process the Department follows in completing new state park master plans and amending existing master plans. In the master planning process, the Department shall provide reports and maps as appropriate for each step of the process for agency and public examination. The Department shall:

(1) Assess the occurrence and importance of the natural and cultural resources in the park.

(2) Determine the suitability of areas of the park for recreational use and development based on the natural and cultural resource assessments and the Department's composite suitability assessment process as defined in OAR 736-018-0020(1)(c).

(3) Assess the recreational aspects of the park including:

(a) Current and future demand for outdoor recreational activities and related facilities in the vicinity of the park, and the statewide, regional and local supply of recreational opportunities and facilities related to demanded activities;

(b) The existing recreational opportunities and facilities in the park; and

(c) The recreational activities and facilities that could potentially be provided in the park.

(4) Assess the natural, cultural, and scenic resource management and interpretive needs of the park.

(5) Assess lands adjacent to the park for potential impacts on park resources and for opportunities to provide additional park resource protection or recreational opportunities.

(6) Convene a steering committee to review master planning work in progress. In forming the steering committee, the Department shall invite representatives of interested local, state and federal agencies, neighborhood interests, resource advocacy interests, and recreation advocacy interests relevant to the park. Department staff shall meet with, and solicit recommendations from the committee at key times in the process.

(7) Compile a preliminary list of issues including but not limited to the problems, constraints, needs and opportunities related to the use, development and interpretation of the park, protection and management of park resources, and the need and potential for park expansion through acquisition.

(8) Present the issues and other information and solicit comments in the following forums:

(a) At least one meeting of the steering committee;

(b) At least one public meeting held in the vicinity of the park and at least one other public meeting in a location that encourages broad participation, each followed by a public comment period of at least 21 days to provide for submittal of written comments;

(c) Informal meetings with Department staff and other agencies and interest groups as needed; and

(d) At least one public meeting of the Commission.

(9) Formulate goals for the use, development and interpretation of the park and management of its resources and for any potential park expansion.

(10) Prepare preliminary use and development proposals for the park. Include descriptions of the uses or facility types, intensities, sizes, site designs and locations and identification of any alternative sites based on the assessments completed in sections (1) through (6) of this rule, and considering information collected through the activities described in sections (7) through (10) of this rule. Adjust the preliminary proposals as needed after completion of the assessments described in sections (13) through (15) of this rule.

(11) Prepare preliminary natural, cultural and scenic resource management guidelines as described in OAR 736-018-0020(2)(d) through (f).

(12) Assess local and regional transportation system needs in relation to preliminary proposed park uses or facilities and resource management guidelines, in consultation with local and regional transportation agencies. Present solutions intended to address transportation system needs related to the park.

(13) Assess the potential impacts of proposed park uses and facilities and resource management guidelines on local and regional public services, in consultation with local and regional public service providers. Present solutions intended to address significant impacts.

(14) Assess the potential impacts of preliminary proposed park uses and facilities and resource management guidelines on adjacent land uses, in consultation with local governments and others. Present solutions intended to address potentially significant impacts.

(15) Assess the compatibility of preliminary proposals for the park with the statewide land use goals, ORS 215.296, and local planning and zoning. Identify land use actions needed to achieve compatibility with local comprehensive plans.

(16) Produce the draft master plan. Decisions about the master plan shall be consistent with the state park master planning criteria described under OAR 736-018-0020. The master plan shall include:

(a) A summary of the resource and recreation assessments;

(b) A summary of the compiled issues;

(c) Goals for future park use, development, interpretation, expansion, resource protection and management, and for potential partnerships.

(d) Park facility development proposals in concept, including the descriptions provided under section (10) of this rule.

(e) Natural, cultural and scenic resource management and interpretive guidelines for the park;

(f) Findings describing the compliance of the master plan with the state land use goals, ORS 215.296, compatibility with applicable local comprehensive plans, and other findings as needed for local comprehensive plan amendments;

(g) A summary of anticipated land use permitting requirements for master plan proposals;

(h) A summary of anticipated state and federal permit requirements for master plan proposals;

(i) Supportive maps and drawings; and

(j) References to any background material on file with the Department.

(17) Provide periodic updates to the Commission and Director on the development of the master plan and comments received.

(18) Distribute the draft master plan for public review and solicit comments in the following forums:

(a) At least one meeting of the steering committee;

(b) At least one public meeting held in the vicinity of the park and at least one other public meeting in a location that encourages broad participation, each followed by a public comment period of at least 30 days to provide for submittal of written comments. The draft master plan shall be offered to the public by media advertisement and mailed to all those on the master plan mailing list who request a copy; and

(c) Informal meetings with Department staff and other agencies and interest groups as needed.

(19) Following the public comment period for the draft master plan, assess the comments received and make appropriate changes based on direction from the Director.

(20) Present the master plan to the Commission at their public meeting, and ask for their concurrence and permission to initiate the rule-making process. Include in the presentation a summary of the public involvement process and comments. The draft master plan, recommended changes, and notice of presentation to the Commission shall be mailed to all those on the master plan mailing list who request a copy.

(21) Make appropriate changes to the draft master plan based on direction from the Commission and Director.

(22) Coordinate with affected local governments in the development, review and adoption of the master plan as described in OAR 736-018-0028 and OAR 660 Division 34.

(23) Complete the rule-making process with related hearings and final edits.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0020

State Park Master Planning Criteria

The state park master planning criteria described in section (2) of this rule shall be the basis for decisions on new and amended state park master plans, including decisions on the uses that are appropriate for each state park, the sizes, intensities and locations of uses, and other matters involving park design and resource management. The Department shall address these criteria, using the best available information, in formulating and adopting state park master plans. These criteria shall also be the basis for raising and resolving disputes between the Department and affected local governments regarding proposed state park master plans. The Department shall consult with the appropriate expert agencies, groups and individuals, including but not limited to those listed for each criterion.

(1) The following definitions apply to this rule:

(a) "Natural resources": Wetlands, riparian areas, water features, geological features, plant communities, wildlife habitats and protected and candidate plant and animal species.

(b) "Important natural resource": A natural resource which has one or more of the following characteristics: high quality including generally undisturbed by historic or current human activities, of good vigor or condition, having a native species composition, protected under state or federal Endangered Species law, or constitutes a flooding or soil stability hazard which cannot easily be overcome through site engineering.

(c) "Composite Suitability Assessment": The Department's process of assessing the suitability of areas of the park for development and use and designating areas for 1 of 4 levels of suitability and related development intensity.

(d) "Level 1 or 2 development intensity": Refers to two of the four Composite Suitability Assessment designations. Generally, Levels 1 and 2 allow very limited development such as trails, small trailheads and trail use and related interpretation structures. Level 1 generally incorporates more specific natural resource protection regulations for such things as trail placement and seasonal trail closures.

(e) "Cultural resources": Archeological sites or features; and historic sites, districts, landscapes, features, structures, buildings and objects.

(f) "Important cultural resource": A cultural resource which is of statewide or regional historic significance, retains its historic appearance, and is in good condition; or if the resource is only of local historic significance, it must also be somehow important to the interpretation of the park, region or state.

(g) "Important Cultural Resources designated as Level 1 development intensity": Refers to a special application of one of the Composite Suitability Assessment designations which recognizes the need for strict protection of the significance and condition or integrity of the important cultural resource, while allowing any proposed development that can be shown to be compatible with cultural resource protection.

(h) "Natural Resource Maintenance": Any action needed to sustain a natural resource in its current condition and composition, or to provide visitor and staff safety or recreational access.

(i) "Natural Resource Enhancement": Any action needed to improve the condition or composition of a natural resource.

(j) "Natural Resource Restoration": Any action needed to re-establish an important natural resource to the park that has been destroyed or lost.

(k) "Cultural Resource Preservation": Management or maintenance actions needed to keep the cultural resource in it current condition and appearance, primarily for interpretive purposes.

(l) "Cultural Resource Restoration": Actions for returning a cultural resource to its appearance at a selected time in its past, primarily for interpretive purposes.

(m) "Cultural Resource Rehabilitation": Actions for returning a cultural resource to its appearance at a selected time in its past, which may include altering it somewhat for some type of modern use other than interpretation without affecting its condition. Moving a cultural resource to a new site is also a form of rehabilitation.

(n) "Cultural Resource Reconstruction": Building a replica of a lost cultural resource to represent the resource at a selected time in its past, either for interpretive or other uses. Reconstruction may include building some, all, or a suggestion of, the original resource.

(o) "Cultural Resource Management as ruins": Providing only those management or maintenance actions needed to keep viewers of the cultural resource safe while allowing the gradual deterioration of the resource. Photo or other documentation is often included.

(p) "Cultural Resource Removal": Taking the cultural resource down or moving it out of the park.

(q) "Important views": Existing or proposed viewing locations for public access, which are key to viewing scenic features, interpretive features or beautiful landscapes associated with the park.

(r) "Themes": Major interpretive or educational stories or topics.

(s) "Areas of Concern": Lands and land uses adjacent to a park which have potential negative or positive impacts on park uses, facilities or resources.

(2) New and amended state park master plans shall provide for park uses, facilities and activities as appropriate to:

(a) Protect areas of important natural resources in the park from inappropriate park use and development. Areas of the park with important natural resources shall only be designated for Level 1 or 2 development intensity. The Department shall consult with: The Oregon Natural Heritage Program, Oregon Fish and Wildlife Department, U.S. Fish and Wildlife Service, and the Oregon Department of Agriculture -- Native Plant Conservation Program.

(b) Protect areas of important cultural resources in the park from inappropriate park use and development. Areas of the park with important cultural resources shall be designated as Level 1 development intensity with the proviso that any development that is compatible with protecting the historic significance and condition or integrity of the cultural resource is allowed. The Department shall consult with The Oregon State Historic Preservation Office.

(c) Provide public recreation opportunities and facilities, including interpretive opportunities and facilities. Recreational and interpretive uses and facilities shall be sited, sized and designed to meet the following conditions:

(A) The uses and facilities support recreational activities identified in the State Comprehensive Outdoor Recreation Plan (SCORP), or other sources, as being in short supply in relation to demand projections for the region of the park for the 10 to 20 years following master plan adoption;

(B) The uses and facilities are consistent with the Department's role as a recreation provider in the region of the park;

(C) The uses and facilities do not significantly conflict with other park uses;

(D) The uses and facilities only serve park visitors;

(E) The uses and facilities are appropriate for the Composite Suitability Assessment level designated for the site; and

(F) The uses and facilities are compatible with the other criteria in this rule.

(d) Manage the natural resources in the park. The Department shall prepare natural resource management guidelines which shall include desired future conditions for the resources and actions needed to achieve those conditions. This shall include guidelines for natural resource maintenance, enhancement or restoration.

(A) Criteria for determining the appropriate natural resource management guidelines for a park include:

(i) Providing for ecosystems, plant communities, habitats and species occurrences needed to enhance the larger ecological condition of the park or area of the park;

(ii) Protecting recreational and interpretive uses and facilities for future use;

(iii) Protecting important cultural resources in the park;

(iv) Compliance with local, state and federal natural resource management regulations and agreements; and

(v) Preventing conflicts between natural resource maintenance and planned natural resource restorations and enhancements.

(B) The Department shall consult with the Oregon Natural Heritage Program, Oregon Fish and Wildlife Department, U.S. Fish and Wildlife Service, and Oregon Department of Agriculture -- Natural Resource Conservation Program.

(e) Manage the cultural resources in the park. The Department shall prepare cultural resource management guidelines which shall include desired future conditions for the resources and actions needed to achieve those conditions. This shall include management direction on the type and degree of cultural resource management needed for the park, including preservation, restoration, rehabilitation, reconstruction, management as ruins, or removal of cultural resources in the park, and other measures needed for visitor and staff safety.

(A) Criteria for determining the appropriate type and degree of cultural resource management include:

(i) Historic or prehistoric significance;

(ii) Condition and appearance;

(iii) Importance for interpretation;

(iv) Degree of public access needed for interpretation;

(v) Current and potential safety problems; and

(vi) Compliance with any regulations or agreements related to the proposed cultural resource management guideline.

(B) The Department shall consult with The State Historic Preservation Office.

(f) Manage the scenic resources in the park. The Department shall prepare scenic resource management guidelines for the park which shall include desired future conditions for the resources and actions needed to achieve those conditions. This shall include but not be limited to vegetation removal or pruning, replanting with less intrusive species, changing earthforms and removing man-made barriers to views.

(A) Criteria for determining appropriate scenic resource management guidelines include:

(i) Keeping views open from important viewpoints to important features;

(ii) Providing for visitor and staff safety in viewpoints and view corridors;

(iii) Avoiding major impacts on important natural or cultural resources;

(iv) Enhancing interpretation of the park or area; and

(v) Compliance with any related regulations and special scenic area agreements.

(B) The Department shall consult with any agencies which have special scenic or visual jurisdictions which apply to the park, or which the Department has scenic or visual agreements with.

(g) Interpret natural and cultural resources in the park and the area of the park, and provide information on recreational opportunities. The Department shall identify appropriate interpretive themes and needed interpretive facilities. Criteria for identifying appropriate interpretive themes for the park include:

(A) Representing the natural and cultural resources and recreational opportunities found in the park or the area of the park;

(B) The role of the Department in the area of the park, in relation to other recreation or interpretive providers, for interpreting identified themes; and

(C) Protection of important natural and cultural resources.

(h) Avoid or mitigate significant impacts from adjacent land uses on park uses, facilities and resources. Options for addressing potential impacts shall be included in the master plan. Mechanisms such as, but not limited to, the following shall be proposed as appropriate to limit, avoid or mitigate impacts:

(A) Identification of Areas of Concern adjacent to the park;

(B) Careful placement and design of park facilities and park use areas;

(C) Willing seller conservation easements or property acquisition;

(D) Department statements of no contest with certain adjacent land uses; and

(E) Agreements between the neighbors and the Department regarding factors such as harvesting or burning dates, unauthorized access, noise and visual intrusions.

(i) Avoid or mitigate significant impacts from park uses and facilities on local public services and local and state transportation systems. Options for addressing significant impacts shall be included with master plan proposals. Mechanisms such as, but not limited to, the following shall be proposed to avoid, limit or mitigate impacts:

(A) Careful placement and design of park facilities and park use areas;

(B) Agreements with local and state agencies regarding future road improvements and service arrangements needed prior to new facility development, and who will provide the improvements and services.

(j) Avoid or mitigate significant impacts from park uses on adjacent land uses. Some examples of potential impacts include excessive noise, potential trespass, traffic and access problems, and visual intrusions. For parks that are adjacent to Exclusive Farm Use zones, the master plans shall include findings that address potential impacts on accepted farm and forest practices on surrounding lands, as required by ORS 215.296. Options for addressing potential impacts shall be included with master plan proposals. Mechanisms such as, but not limited to, the following shall be proposed to avoid, limit or mitigate impacts:

(A) Identification of Areas of Concern which could be impacted by park uses or facilities;

(B) Careful placement and design of park facilities and park use areas;

(C) Agreements with neighbors on such things as event schedules and supervision; and

(D) Willing seller easements or property acquisition.

(k) Comply with the state land use goals. Each master plan shall include findings that address compliance of master plan proposals with the statewide goals.

(l) Achieve compatibility with the comprehensive plans of affected local governments. Each master plan shall include findings that describe the compatibility of the master plan with applicable local plans and actions needed to achieve compatibility.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 10-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0025

State Park Uses

The Department may propose any uses for a state park which are consistent with the state park master planning criteria described in OAR 736-018-0020.

(1) The Commission and Department recognize that certain state park uses are traditional in Oregon's state parks. These traditional uses are described in the Department's "Traditional State Park Uses" list. Traditional state park uses are consistent with the Commission and Department's role as a public recreation provider.

(2) As provided by ORS 195.120, when considering a local comprehensive plan amendment as required for local adoption of a master plan, a local government is not required to adopt an exception to Statewide Planning Goals 3 or 4 for park uses listed under OAR 660-034-0035, provided the uses meet all other statewide goals and are provided for in a master plan adopted by the Department.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0028

Local Government Coordination

Notwithstanding OAR 736 Division 70, this rule describes the process the Department follows in coordinating with affected local governments in a master planning process as described in OAR 736-018-0015. This rule is intended to be used in conjunction with the provisions of OAR 660 Division 34, which sets forth local government procedures for considering a proposed state park master plan for local adoption.

(1) The Department shall invite the planning official of each affected local government to participate, or be represented, as a member of the steering committee.

(2) The Department shall include the planning official and all members of the local planning commission and governing body on the mailing list.

(3) The Department shall encourage the local government to adopt a park zone ordinance to help facilitate local approval of park uses.

(4) The Department shall work with the planning official to determine what local planning approvals will be needed to implement the master plan.

(5) The Department shall consider opportunities for the local government to host one or more public meeting in the vicinity of the park.

(6) Prior to or concurrent with the initiation of the state rule-making process for the master plan, the Department shall submit the proposed master plan to the Department of Land Conservation and Development (DLCD) and all affected local governments. The Department shall consult with the planning official of each affected local government regarding the compatibility of the proposed master plan with the adopted local comprehensive plan.

(a) If all of the proposed master plan provisions are compatible with the local comprehensive plan, the Department may proceed with state rule adoption of the master plan. The Department shall request written confirmation from the planning official that the master plan is compatible with the local comprehensive plan. The Department may submit the master plan for local adoption during the local government's periodic review.

(b) If any of the proposed master plan provisions are not compatible with the adopted local comprehensive plan, the Department shall submit an application for an amendment to the local comprehensive plan prior to or concurrently with the state rule-making process.

(7) If a local comprehensive plan amendment application is needed as described in section (6)(b) of this rule, the Department shall coordinate with the affected local government on the schedule for the local comprehensive plan amendment process including public notices, hearings, and the local government's resulting recommendations regarding adoption of the master plan as described in OAR 660-034-0020. The Department shall consider opportunities to combine state rule-making hearings with local government hearings, including the public notices for the hearings.

(8) Within 60 days following receipt of a local government's recommendations regarding adoption of a proposed master plan as described in OAR 660-034-0020, the Department shall respond in writing to the local government. In responding, the Department shall:

(a) Address any changes recommended by the local government, and describe any changes to the proposed master plan that the Department proposes in response to the local government's recommendations. Any changes to the proposed master plan shall be consistent with the state park master planning criteria described in OAR 736-018-0020; and

(b) Provide a comment period of at least 30 days to allow the local government to concur with or object to the Department's proposed action on the master plan.

(9) If no objections are raised by an affected local government during the comment period described in section (8)(b) of this rule, the Department may proceed with adoption of the master plan as a state rule. If a timely objection is received, and if the objection meets the requirements of OAR 736-018-0030(2)(a) and (b), the Department shall delay adoption of the master plan in order to engage in formal or informal dispute resolution with the objecting local government. The delay of adoption shall continue for at least 60 days following receipt of the objection, or until the issues in the objection are resolved and the objection is withdrawn, whichever occurs first. At the end of the 60 day delay period, the Department may proceed with adoption of the master plan as a state rule.

(10) Within 60 days following the effective date of the master plan administrative rule, unless an appeal of the rule is filed, the Department shall submit the adopted master plan to all affected local governments. The submittal shall include a request that each local government take final action on the local comprehensive plan amendment application previously filed pursuant to section (6)(b) of this rule in a manner consistent with OAR 660-034-0030.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0030

Dispute Resolution

Notwithstanding OAR 736 Division 70, this rule sets forth the Department's requirements for resolving objections that may be raised by affected local governments in the master planning process as described in OAR 736-018-0028(9). This rule is intended to be used in conjunction with OAR 660-034-0025, which provides direction to local governments regarding dispute resolution in a state park master planning process.

(1) Upon receiving an objection that meets the requirements in section (2)(a) and (b) of this rule, the Department shall attempt to resolve the objection during the 60 day delay period described in OAR 736-018-0028(9), either through informal discussions with the local government or through formal mediation.

(2) The Department may choose to engage in dispute resolution for any issues raised by an objection. However, the 60 day delay period described in OAR 736-018-0028(9) is only required if:

(a) The objection is raised by a letter from the governing body of the affected local government to the Director within the comment period described in OAR 736-018-0028(8)(b); and

(b) The letter from the governing body indicates the reason or reasons why the local government believes the master plan, as proposed by the Department, is or may be inconsistent with the state park master planning criteria described in OAR 736-018-0020.

(3) Depending on the results of the Department's attempts to resolve the objection, the Department shall do one or more of the following as appropriate for the circumstances:

(a) Delay adoption of the master plan until such time as the objection can be resolved through continued discussions or mediation with the local government;

(b) Change the master plan to resolve the objection, provided that the changed master plan is consistent with the state park master planning criteria in OAR 736-018-0020;

(c) Request LCDC mediation services as provided by OAR 660-034-0025;

(d) Request a determination by LCDC regarding compliance of the master plan with the land use statutes, goals or related rules as provided by OAR 660-034-0025; or

(e) Proceed with state rule adoption and submit the master plan to the local government for final action on the local plan amendment as described in OAR 736-018-0028(10).

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0035

State Park Master Plans Previously Adopted as State Rules

Notwithstanding OAR 736-018-0015, OAR 736-018-0028, and OAR 736 Division 70, the Department shall follow the process described in sections (1) and (2) of this rule in coordinating with an affected local government for any master plan that was adopted as a state rule but not adopted by the local government prior to the effective date of this rule.

(1) The Department shall consult with the planning official of each affected local government regarding the compatibility of the master plan with the adopted local comprehensive plan. If all of the master plan provisions are compatible with the adopted local comprehensive plan, the Department may submit the master plan for local adoption during the local government's periodic review. The Department shall request written confirmation from the planning official that the master plan is compatible with the local comprehensive plan.

(2) If any of the master plan provisions are not compatible with the adopted local comprehensive plan, the Department shall do one of the following:

(a) Submit the master plan for adoption through the local comprehensive plan amendment process;

(b) Submit the master plan for adoption during the local government's periodic review; or

(c) Submit the master plan for readoption as a state rule, and follow the local government coordination procedures described in OAR 736-018-0028(7) through (10).

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0040

Minor Variations from Master Plans

The Director may propose park uses or facilities that vary from the provisions of adopted master plans without amending the master plans, provided that such variations are minor. Prior to applying for local government permits for a use or facility that varies from the master plan provisions, the Director shall determine whether the proposed variation is minor or major. Such determinations by the Director are not intended to be directive to local governments. In making the determination, the Director shall review the proposed variation for consistency with the state park master planning criteria described under OAR 736-018-0020. A variation from a master plan may be determined by the Director to be minor if it is consistent with the statewide goals and ORS 215.296 and is not expected to cause significant impacts on adjacent land uses, other uses in the park, local public services, transportation systems or important natural, cultural or scenic resources. Further:

(1) A location change for a planned park facility may be determined by the Director to be minor if it does not cause the facility to serve a different park use area.

(2) The following limitations shall apply to the Director's determinations involving minor expansions of planned park facilities:

(a) A maximum of 20 percent increase in the floor area of any planned permanent building, provided that this limitation shall not apply to the following: toilet and shower buildings; garbage and recycling collection buildings; campground registration and storage buildings; and any other accessory building that does not exceed 120 square feet after expansion;

(b) A maximum of 20 percent increase in the number of planned bedrooms in any lodge, inn, bed and breakfast, barracks or bunkhouse, or group of cabins, or in any park use area;

(c) A maximum of 20 percent increase in the number of planned camp sites in any general or group camping area;

(d) A maximum of 20 percent increase in the number of planned parking spaces in any parking lot or park use area;

(e) A maximum of 20 percent increase in the surface area of any planned road for purposes of improving safety, realignment or widening; and

(f) Extension of a road to provide access to a planned use that is expanded or relocated under the provisions of this rule may be considered minor only to the extent needed to serve the expanded or relocated use.

(3) A proposal for a different kind or location of park use area from those in the adopted master plan shall not be considered a minor variation.

(4) Within an existing or planned park use area, a proposal for a park facility that is different from the kind of park facilities in that park use area in the adopted master plan shall not be considered a minor variation, except that proposals for the following different facilities may be considered minor variations: toilet and shower buildings; garbage and recycling facilities; campground registration and storage buildings; any other accessory structure not exceeding 120 square feet; alternative camping structures such as yurts, camper cabins, tepees and covered wagons in planned or existing tent and RV sites; picnic shelters in day use areas; and trails.

(5) Outside of existing and planned park use areas, new trails located at least 300 feet from the nearest park boundary may be considered minor variations from adopted master plans.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0043

Existing State Park Uses

As provided by ORS 195.125 and OAR 660-034-0030, state park uses and facilities that existed on July 25, 1997, may be continued subject to the discretion of the Commission and Director, whether or not such uses are part of an adopted master plan, and notwithstanding any other provisions of this division.

(1) Continuance of existing state park uses and facilities may include: the repair and renovation of existing facilities; the replacement of existing facilities, including minor location changes; and the minor expansion of existing uses and facilities. Such minor location changes and expansions are subject to clear and objective siting criteria set forth in local ordinances and relevant state and federal permitting authorities.

(2) Prior to applying for local government permits to change the location of an existing park facility or expand an existing park use or facility pursuant to section (1) of this rule, the Director shall determine whether the proposed location change or expansion is minor or major. Such determinations by the Director are not intended to be directive to local governments. In making the determination, the Director shall review the proposed location change or expansion for consistency with the state park master planning criteria described under OAR 736-018-0020. Location changes or expansions may be determined by the Director to be minor if they are consistent with the statewide goals and ORS 215.296 and are not expected to cause significant impacts on adjacent land uses, other uses in the park, local public services, transportation systems or important natural, cultural, or scenic resources. Further:

(a) A location change for an existing park facility may be determined by the Director to be minor if it does not cause the facility to serve a different park use area.

(b) The following limitations shall apply to the Director's determinations involving minor expansions of existing park uses and facilities:

(A) A maximum of 20 percent increase in the floor area of any permanent building, provided that this limitation shall not apply to the following: toilet and shower buildings; garbage and recycling collection buildings; campground registration and storage buildings; and any other accessory building that does not exceed 120 square feet after expansion;

(B) A maximum of 20 percent increase in the number of bedrooms in any lodge, inn, bed and breakfast, barracks or bunkhouse, or group of cabins, or in any park use area;

(C) A maximum of 20 percent increase in the number of camp sites in any general or group camping area;

(D) A maximum of 20 percent increase in the number of parking spaces in any parking lot or park use area; and

(E) A maximum of 20 percent increase in the surface area of any road for purposes of improving safety, realignment or widening; and

(F) Extension of an existing road to provide access to a use that is expanded or relocated under the provisions of this rule may be considered minor only to the extent needed to serve the expanded or relocated use.

Stat. Auth.: ORS 390.180
Stats. Implemented: ORS 390.180
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98

736-018-0045

Adopted State Park Master Plan Documents

(1) The following state park master plan documents have been adopted and incorporated by reference into this division:

(a) Fort Stevens State Park Master Plan, as amended in 2001;

(b) Cape Lookout State Park, amended in 2012 as Cape Lookout State Park Comprehensive Plan;

(c) Cape Kiwanda State Park, renamed as Cape Kiwanda State Natural Area;

(d) Nestucca Spit State Park, renamed as Robert Straub State Park;

(e) Jessie M. Honeyman Memorial State Park as amended in 2009;

(f) Columbia Gorge Management Unit Master Plan, including: Rocky Butte State Scenic Corridor, Lewis and Clark State Recreation Site, Dabney State Recreation Area, Portland Womens' Forum State Scenic Viewpoint, Crown Point State Scenic Corridor, Guy W. Talbot State Park, George W. Joseph State Natural Area, Rooster Rock State Park, Shepperd's Dell State Natural Area, Bridal Veil Falls State Scenic Viewpoint, Dalton Point State Recreation Site, Benson State Recreation Area, Ainsworth State Park, McLoughlin State Natural Area, John B. Yeon State Scenic Corridor, Bonneville State Scenic Corridor, Sheridan State Scenic Corridor, Lang Forest State Scenic Corridor, Lindsey Creek State Scenic Corridor, Starvation Creek State Park, Viento State Park, Wygant State Natural Area, Vinzenz Lausman Memorial State Natural Area, Seneca Fouts Memorial State Natural Area, Koberg Beach State Recreation Site, Memaloose State Park, and Mayer State Park;

(g) Molalla River State Park;

(h) Champoeg State Park;

(i) Willamette Mission State Park;

(j) Cascadia State Park;

(k) Willamette River Middle Fork State Parks Master Plan, 2006, including: Elijah Bristow State Park; Jasper State Recreation Site; Pengra Access; Dexter State Recreation Site; Lowell State Recreation Site; and the parks that comprise the Fall Creek State Recreation Area, including Winberry Park, North Shore Park, Sky Camp, Cascara Campground, Fisherman's Point Group Camp, Free Meadow, Lakeside 1 and Lakeside 2;

(l) Cove Palisades State Park Master Plan, as amended in 2002;

(m) Silver Falls State Park Master Plan, as amended in 2009;

(n) Curry County State Parks Master Plan, including: Floras Lake State Park, renamed as Floras Lake State Natural Area; Cape Blanco State Park; Paradise Point Ocean Wayside, renamed as Paradise Point State Recreation Site; Port Orford Heads Wayside, renamed as Port Orford Heads State Park; Humbug Mountain State Park; Otter Point Wayside, renamed as Otter Point State Recreation Site; Cape Sebastian State Park, renamed as Cape Sebastian State Scenic Corridor; Otter Point Wayside; Port Orford Cedar Forest Wayside, renamed as Port Orford Cedar Forest State Scenic Corridor; and Buena Vista Ocean Wayside; Pistol River State Scenic Viewpoint; Samuel H. Boardman State Scenic Corridor; Harris Beach State Recreation Area; McVay State Recreation Site; Winchuck State Recreation Site; Crissey Field State Recreation Site; Alfred A. Loeb State Park;

(o) Hat Rock State Park Master Plan, renamed as Hat Rock State Recreation Area;

(p) Deschutes County State Parks, including: La Pine and Tumalo State Parks; Cline Falls, renamed as Cline Falls State Scenic Viewpoint; and Pilot Butte, renamed as Pilot Butte State Scenic Viewpoint;

(q) Sunset Bay District Parks, including: Umpqua Lighthouse State Park (this chapter was replaced by the Umpqua Lighthouse State Park Master Plan, 2004); William M. Tugman State Park; Yoakam Point State Park, renamed as Yoakum Point State Natural Site; Sunset Bay State Park; Shore Acres State Park; and Cape Arago State Park;

(r) Bullards Beach District Parks, including: Seven Devils State Wayside, renamed as Seven Devils State Recreation Site; Bullards Beach State Park; Bandon Ocean Wayside, renamed as Face Rock State Scenic Viewpoint; and Bandon State Park, renamed as Bandon State Natural Area;

(s) Tillamook County Coastal State Parks, including: Oswald West State Park; Nehalem Bay State Park (this chapter was replaced by the Nehalem Bay State Park Master Plan, 2009); Cape Meares State Park, renamed as Cape Meares State Scenic Viewpoint; Neahkanie-Manzanita State Wayside, renamed as Neahkanie-Manzanita State Recreation Site; Manhattan Beach State Wayside, renamed as Manhattan Beach State Recreation Site; Rockaway Beach State Wayside, renamed as Rockaway Beach State Recreation Site; Twin Rocks State Wayside, renamed as Twin Rocks State Natural Site; Oceanside Beach State Wayside, renamed as Oceanside Beach State Recreation Site; and Neskowin Beach State Wayside, renamed as Neskowin Beach State Recreation Site;

(t) Beverly Beach District Parks South, including: Boiler Bay State Park, renamed as Boiler Bay State Scenic Viewpoint; Rocky Creek State Wayside, renamed as Rocky Creek State Scenic Viewpoint; Otter Crest State Wayside, renamed as Otter Crest State Scenic Viewpoint; Devil's Punchbowl State Park, renamed as Devil's Punchbowl State Natural Area; Beverly Beach State Park; Agate Beach State Wayside, renamed as Agate Beach State Recreation Site; and Ellmaker State Park, renamed as Ellmaker State Wayside;

(u) Smith Rock State Park;

(v) Collier District Parks, including: Booth State Wayside, renamed as Booth State Scenic Corridor; Chandler State Wayside; Collier Memorial State Park; Goose Lake State Recreation Area; Jackson F. Kimball State Park, renamed as Jackson F. Kimball State Recreation Site; and Klamath Falls-Lakeview Forest Wayside, renamed as Klamath Falls-Lakeview Forest State Scenic Corridor;

(w) Banks-Vernonia State Park, renamed as Banks-Vernonia State Trail;

(x) Sumpter Valley Dredge State Park, renamed as Sumpter Valley Dredge State Heritage Area;

(y) Illinois River Forks State Park;

(z) Wallowa County State Parks Master Plan, 2000;

(aa) L.L. "Stub" Stewart Memorial State Park Master Plan, 2005;

(bb) Master Plan for Clay Myers State Natural Area at Whalen Island, 2003;

(cc) South Beach State Park Master Plan, 2003;

(dd) Prineville Reservoir Resource Management Plan/Master Plan, 2003;

(ee) Detroit Lake State Park Master Plan, 2002;

(ff) Umpqua Lighthouse State Park Master Plan, 2004;

(gg) Fort Yamhill State Heritage Area Master Plan, 2004;

(hh) Thompson's Mills State Heritage Site Master Plan, 2006;

(ii) Luckiamute State Natural Area Master Plan, 2009;

(jj) Iwetemlaykin State Heritage Site Master Plan, 2009;

(kk) Kam Wah Chung State Heritage Site Master Plan, 2009;

(ll) Nehalem Bay State Park Master Plan, 2009;

(mm) Bates State Park Master Plan, 2010;

(nn) Cottonwood Canyon State Park Comprehensive Plan, 2012;

(oo) Milo McIver State Park Comprehensive Plan, 2014.

(2) The master plan documents which have been incorporated by reference into this division are available from the State Parks and Recreation Department, 725 Summer Street NE, Suite C, Salem OR 97301.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 390.180(1)(c)
Stats. Implemented: ORS 390.180(1)(c)
Hist.: PRD 9-1998, f. 7-29-98, cert. ef. 7-31-98; PRD 4-1999, f. & cert. ef. 5-14-99; PRD 9-2000, f. 6-14-00, cert. ef. 7-1-00; PRD 1-2001, f. & cert. ef. 2-1-01; PRD 5-2001, f. & cert. ef. 6-29-01; PRD 6-2001, f. & cert. ef. 9-6-01; PRD 3-2002, f. & cert. ef. 3-22-02; PRD 2-2003, f. & cert. ef. 2-27-03; PRD 3-2003, f. & cert. ef. 2-27-03; PRD 5-2003, f. & cert. ef. 7-8-03; PRD 9-2003, f. & cert. ef. 10-13-03; PRD 11-2003, f. & cert. ef. 11-7-03; PRD 7-2004, f. & cert. ef. 5-14-04; PRD 9-2004, f. & cert. ef. 6-14-04; PRD 1-2005, f. & cert. ef. 2-4-05; PRD 3-2005, f. & cert. ef. 5-4-05; PRD 4-2006, f. 7-14-06, cert. ef. 7-14-06; PRD 5-2006, f. 9-15-06, cert. ef. 10-1-06; PRD 1-2009, f. 1-15-09, cert. ef. 2-1-09; PRD 3-2009, f. 3-12-09, cert. ef 4-1-09; PRD 4-2009, f. 4-15-09, cert. ef. 5-1-09; PRD 5-2009, f. 4-15-09, cert. ef. 5-1-09; PRD 6-2009, f. 5-14-09, cert. ef. 6-1-09; PRD 12-2009, f. & cert. ef. 9-3-09; PRD 13-2009, f. 9-15-09 cert. ef. 10-1-09; PRD 9-2010, f. 9-15-10, cert. ef. 10-1-10; PRD 6-2012, f. 9-13-12, cert. ef. 9-14-12; PRD 11-2012, f. 12-13-12, cert. ef. 12-31-12; PRD 3-2014, f. 8-6-14, cert. ef. 8-31-14

Management of State Parks Forests

736-018-0050

Policy

The State Parks and Recreation Division shall manage forest resources to provide for the public's enjoyment and to protect the natural resources. The Division shall determine the sensitivity of a forest where management needs are identified, and use the least disruptive practice feasible to accomplish management objectives. The Division shall involve the public in significant forest management programs. In emergencies, the Division may take the appropriate action and follow up with necessary evaluation after the action.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.121
Hist.: PR 12-1986, f. & ef. 7-29-86

736-018-0060

Objectives

(1) Protect the natural qualities of sensitive forest resources.

(2) Manage forests to control fire and destructive pests, improve growth and vigor, rehabilitate damaged areas, and create desirable conditions.

(3) Manage forests for safe, attractive, and compatible recreation opportunities.

(4) Revenue generation is not an objective of park forest management, except in areas designated through publicized processes as being surplus to park needs.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.121
Hist.: PR 12-1986, f. & ef. 7-29-86

736-018-0070

Planning, Coordination, and Cooperation

The Division shall:

(1) Incorporate forest management in park master plans. For parks without master plans, plans for significant programs shall be prepared and publicized as set forth in these rules.

(2) Make management programs consistent with Forest Practices Act, local comprehensive plans, statewide land use planning goals, and comprehensive outdoor recreation plans to the extent possible.

(3) Coordinate programs with owners or managers of adjacent forest lands to minimize conflict and duplication, when appropriate.

(4) Cooperate with forest research agencies, organizations, and institutions of higher learning by allowing scientific studies, field learning exercises, and demonstrations of practice or activity alternatives.

(5) Consult and contract with state, federal, or local agencies and private firms or organizations to carry out management programs and fire protection in park forests, as appropriate.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.121
Hist.: PR 12-1986, f. & ef. 7-29-86

736-018-0080

Definitions

(1) "Division" means the Parks and Recreation Division of the Oregon Department of Transportation.

(2) "Administrator" means the administrator of the Division.

(3) "Forest" means an area characterized by native trees outside developed areas of a park.

(4) "Forest Management" means the application of scientific, economic, and social principles to forests for specified objectives.

(5) "Practices" means those "applications of principles" subject to the Forest Practices Act, ORS 527.610 et seq. except those associated with park developments.

(6) "Activities" mean those applications typically associated with new or existing park developments even though the specific action is subject to the Forest Practices Act.

(7) "Program" means planned forest manage-ment involving activities or practices.

(8) "Sensitivity" means the relative potential for scientific, historical, archeological, ecological, fish and wildlife, aesthetic, or social values of a specific forest to be adversely affected by a practice.

(9) "Impact" means the potential for a specific program to cause long-term or cumulative effects on a forest.

(10) "Significant" means a situation in which high impact practices affect highly sensitive forests.

(11) "Emergency" means unforeseen circumstances that threaten immediate harm to public health and safety, park resources, or other public or private property.

(12) "Emergency Action" means activities or practices undertaken in response to an emergency.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.121
Hist.: PR 12-1986, f. & ef. 7-29-86

736-018-0090

Determination of Significance

The Division shall determine significance levels by evaluating the sensitivity of forests and potential impacts of practices:

(1) Sensitivity: Sensitivity of forests in parks for which there is no master plan shall be rated as high, unless:

(a) The forest has been identified as surplus to park needs by a process that provides public review and opportunity for comment;

(b) The forest has been assessed in the State Parks Natural Resources Inventory and is found not to contain important natural features, rare or endangered species, or potential natural heritage cells; or

(c) The Division's instrument of title to the forest requires certain forms of timber management or reserves timber harvest rights to the grantor.

(2) In parks for which master plans have been adopted, sensitivity rating shall depend on the following land use classifications, contained in the master plans:

(a) Pre-1985 Land Use/Forest Management Classifications:

(A) Low Sensitivity: Second-growth forests and residual or previously disturbed mature tree stands in "Secondary Protection Areas," "Major Development Areas," "Limited Development Areas." Areas without deed restrictions that are designated for disposal shall also be rated as having low sensitivity;

(B) High Sensitivity: Forests located in "Primary Protection Areas," and undisturbed forests in "Secondary Protection Areas."

(b) 1985 Land Use Classifications:

(A) Low Sensitivity: Second-growth forest and residual or previously disturbed mature tree stands in "Management Areas," "Development Areas," and "Surplus Areas";

(B) High Sensitivity: Forests located in "Protection Areas," and undisturbed forests in Management Areas.

(3) Significance: Forest management programs shall be rated, documented, and public notice given according to the identified level of significance:

(a) Non-significant programs are those which involve low impact in low sensitivity forests. The public will be notified if the program or situation will cause abnormal closure of facilities or significantly affect public use of the park. In such instances, appropriate news releases and posting of notices will be recommended;

(b) Possibly significant programs are those which involve low impact in high sensitivity forests, or high impact in low sensitivity forests. Upon review, the Administrator will determine the level of significance. If it is determined that the program is non-significant, that decision shall be documented. If it is determined that the program is significant, public notice and opportunity for comment shall be provided;

(c) Significant programs are those which involve high impact in high sensitivity forests. Public notice and opportunity for comment shall be provided as follows:

(A) A notice shall be published at least once a week for two consecutive weeks in a daily newspaper of general circulation in the vicinity of the proposed program, as well as the nearest large city and/or Portland. Written notice shall be sent to affected government agencies, interested members of the public, and adjoining landowners;

(B) The public will have 15 days to request a hearing and 30 days to submit written comment, following the last published notice;

(C) If sufficient requests are received, the Division shall provide notice of public hearing and conduct the hearing in substantial compliance with the procedures set forth in OAR 137-001-0015 and 137-001-0030;

(D) The administrator shall fully consider all written and oral submissions and shall issue a decision, with findings, allowing, modifying, or not allowing the proposed program.

(4) Emergency Actions: When an emergency situation is declared the Administrator may authorize immediate action as necessary. Appropriate documentation or evaluation will be done following the action.

Stat. Auth.: ORS 390
Stats. Implemented: ORS 390.121
Hist.: PR 12-1986, f. & ef. 7-29-86

Log Export Rules

736-018-0105

Definitions

(1) "Export" means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign destination.

(2) "Performance Bond" means the security required by a state timber sale contract which ensures satisfactory performance of contract requirements by the timber sale purchaser. A performance bond may be in the form of a surety bond, cash, negotiable securities, irrevocable letter of credit, or an assignment of surety.

(3) "Person" means an individual, a partnership, a public or private corporation, an unincorporated association, or any other legal entity. The term includes any subsidiary subcontractor, parent company or other affiliate. Business entities are considered affiliates when one controls or has the power to control the other or when both are controlled directly or indirectly by a third person.

(4) "Private Lands" means lands within the State of Oregon owned by a person. The term does not include federal lands or non-federal public lands, or any lands the title to which is:

(a) Held in trust by the United States for the benefit of any Indian tribe or individual;

(b) Held by any Indian tribe or individual subject to a restriction by the United States against alienation; or

(c) Held by any Native Corporation as defined in Section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(5) "Department" means Oregon State Parks and Recreation Department.

(6) "Purchaser" means person who has entered into a state timber sale contract with the Department.

(7) "State Lands" means lands owned or managed by the Department.

(8) "State Timber" means timber owned or managed by the Department.

(9) "State Timber Sale Contract" means any timber under contract with the Oregon State Parks and Recreation Department which is owned by the Department under ORS Chapter 390 or any timber under contract with another state or federal agency, including timber which is harvested under tree service contracts, right-of-way agreements and other agreements in which timber is traded for other values, but excluding land sales and exchanges.

(10) "Unprocessed Timber" or "Unprocessed State Timber" means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. The term does not include timber processed into any one of the following:

(a) Lumber or construction timbers meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on four sides, not intended for remanufacture;

(b) Lumber construction timbers, or cants for remanufacture, meeting current American Lumber Standard Grades or Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn on four sides, not to exceed 12 inches (nominal) in thickness;

(c) Lumber, construction timbers, or cants for remanufacture, that do not meet the grades referred to in subsection (b) of this section and are sawn on four sides, with wane less than 1/4 of any face not exceeding 8-3/4 inches in thickness;

(d) Chips, pulp, or pulp products;

(e) Veneer or plywood;

(f) Poles, posts, or piling cut or treated with preservatives for use as such;

(g) Shakes or shingles;

(h) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp;

(i) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips; or

(j) Firewood cut in pieces 48 inches or less in length.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0110

Criteria Regarding Log Export of Eligibility to Bid on Department Timber Sale Contracts

(1) In addition to all other requirements of law, any person submitting a bid for the purchase of state timber between the time this rule takes effect and June 10, 1991 must certify, in the form and manner specified by the Department, that:

(a) The person will not export directly or indirectly unprocessed state timber; and

(b) The person:

(A) Has not exported directly or indirectly unprocessed timber originating from private lands in Oregon since September 10, 1990 except to meet contractual obligations made prior to September 10, 1990;

(B) Will not export directly or indirectly unprocessed timber originating from private lands in Oregon other than as permitted pursuant to paragraph (A) of this subsection; and

(C) Will complete on or before June 10, 1991 any pre-September 10, 1990 contractual obligations to export unprocessed timber originating from private lands in Oregon.

(c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber to any other person without obtaining a certification from the person that meets the requirements of OAR 736-018-0130.

(2) In addition to all other requirements of law, after June 10, 1991 a person previously not eligible to bid for state timber under section (1) of this rule may bid for state timber if the person certifies in a form and manner specified by the Department that:

(a) The person will not directly or indirectly export unprocessed state timber;

(b) Unless exempted by section (3) of this rule, the person has not exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and

(c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber to any other person without obtaining a certification from the person that meets the requirements of OAR 736-018-0130.

(3) The Department may waive the 24 month requirement contained in subsection (2)(b) of this rule if:

(a) Prior to June 10, 1991 the person certifies to the Department they will cease exporting unprocessed timber originating from private lands in Oregon no later than one year from the date of said certification;

(b) They cease all exporting of unprocessed timber originating from private lands in Oregon within the one-year period stated in the certification; and

(c) If the person ceases exporting activities as stated in their certification, the person will then become eligible to submit a bid for the purchase of state timber provided they complete the certification required by section (2) of this rule.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0115

Prohibition Against Indirect Substitution

In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the Department may purchase state timber from any other person. Acquisitions of Western Red Cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0120

Applicable State Timber

All unprocessed timber, as defined in OAR 736-018-0105, which originates from state lands is prohibited from export.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0125

Surplus Timber

The prohibitions against export contained in OAR 736-018-0105 to 736-018-0145 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0130

Reporting Requirements

(1) Before the Department will issue final acceptance of timber sale contract requirements, a purchaser of state timber must:

(a) Notify the Department of the delivery destination of all timber purchased under that contract. Notification will be made in a form and manner prescribed by the Department;

(b) Prior to selling trading, exchanging, or otherwise conveying state timber to any other person, the purchaser of state timber shall obtain a certification of the person's eligibility to purchase state timber, and their intent to comply with the terms and conditions contained in this section. Certification will be made in form and manner as prescribed by the Department and shall be forwarded to the Department upon completion of the transaction. Obtaining certification shall not relieve the purchaser's responsibility to provide the Department with an accounting of the final delivery destination of that timber.

(2) Any performance bond required by a state timber sale contract may be retained by the Department, until satisfactory notification of state timber delivery destination has been received by the Department.

(3) Failure to provide the Department with a final accounting of the delivery destination of state timber will be considered in violation of these export regulations. Violators will be subject to the penalties contained in OAR 736-018-0135.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0135

Purchaser Disqualification and Termination of Contracts

(1) The Department shall keep a record of any person who violates the requirements of OAR 736-018-0105 to 736-018-0140. In addition, the Department shall subscribe to and keep lists or records of persons who violate the requirements of export rules of other Oregon state agencies.

(2) A person whose name appears on the records for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 736-018-0105 to 736-019-0140 or any other Oregon state agency's log export rules shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045.

(3) The Department may suspend operations and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 736-018-0105 to 736-018-0140, and assess damages according to the following formula:

D = (OSV+AC) - (PR+RSV), where:

D = Damages and Expenses

OSV = Original Sale Value (timber only -- does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales.

AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law.

PR = Payments Received

RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the Department's estimate of remaining volume, multiplied by the dollar values stated in the contract.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0140

Log Branding and Marking Requirements

(1) All state timber originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of wood, both ends of all logs originating from state timber sales shall be hammer branded and both ends shall be painted with a paint type and color to be determined by the Department. In making this determination, the Department shall coordinate with other state agencies to avoid possible confusion.

(2) If properly marked state timber is sub-divided into smaller pieces for any other purpose than immediate processing, each piece must be branded with a state brand specifically used for this purpose and signifying the unprocessed timber is state timber ineligible for export. The Department's export restriction branding hammers can be obtained from the Department at cost upon request.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

736-018-0145

Enforcement

Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the Department, or contracted by the Department to other state or federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the Department to the appropriate federal or state agency for prosecution or other legal action.

Stat. Auth.: ORS 390.121(3)
Stats. Implemented: ORS 390.121
Hist.: PR 1-1991(Temp), f. & cert. ef. 1-2-91; PR 6-1991, f. & cert. ef. 5-29-91

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