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390.005 Definitions. As used in this chapter, unless the context requires otherwise:

(1) "Commission" means the State Parks and Recreation Commission.

(2) "Department" means the State Parks and Recreation Department.

(3) "Director" means the State Parks and Recreation Director. [1989 c.904 §2]

OUTDOOR RECREATION RESOURCES

390.010 Policy of state toward outdoor recreation resources. The Legislative Assembly recognizes and declares:

(1) It is desirable that all Oregonians of present and future generations and visitors who are lawfully present within the boundaries of this state be assured adequate outdoor recreation resources. It is desirable that all levels of government and private interests take prompt and coordinated action to the extent practicable without diminishing or affecting their respective powers and functions to conserve, develop, and utilize such resources for the benefit and enjoyment of all the people.

(2) The economy and well-being of the people are in large part dependent upon proper utilization of the state’s outdoor recreation resources for the physical, spiritual, cultural, scientific and other benefits which such resources afford.

(3) It is in the public interest to increase outdoor recreation opportunities commensurate with the growth in need through necessary and appropriate actions, including, but not limited to, the following:

(a) Protection of existing and needed open spaces for appreciation, use and enjoyment of Oregon’s scenic landscape.

(b) Provision of adequate land for outdoor recreation.

(c) Preservation and restoration for public enjoyment and education of structures, objects, facilities and resources which are examples of Oregon history, archaeology and natural science.

(d) Development of a system of scenic roads to enhance recreational travel and sightseeing.

(e) Encouragement of outdoor activities such as festivals, fairs, and events relating to music, dance, drama, art and sports.

(f) Expansion of facilities for camping, picnicking and lodging in or near recreational areas and along routes of travel.

(g) Provision of tourist hospitality centers, which may include informational services, sanitary facilities, camping and picnicking areas at points near major highway entrances into the state.

(h) Provision of trails for horseback riding, hiking, bicycling and motorized trail vehicle riding.

(i) Development of waterways, land and water facilities for recreational boating, hunting and fishing.

(j) Development of all recreation potentials of the several river basins, compatible with programs of water use enunciated by the Water Resources Commission.

(k) Provision for access to public lands and waters having recreational values.

(L) Encouragement of the development of winter sports facilities.

(m) Encouragement of programs for recreational enjoyment of mineral resources.

(4) It is in the public interest that all efforts be made through research, education and enforcement to the end that Oregon’s outdoor recreation resources will be used under the highest standards of conduct.

(5) It shall be the policy of the State of Oregon to supply those outdoor recreation areas, facilities and opportunities which are clearly the responsibility of the state in meeting growing needs; and to encourage all agencies of government, voluntary and commercial organizations, citizen recreation groups and others to work cooperatively and in a coordinated manner to assist in meeting total recreation needs through exercise of their appropriate responsibilities. [Formerly 184.310]

VIOLATIONS ENFORCEMENT

390.050 Park and recreation violations; enforcement; disposition of fines and costs. (1) In addition to any other persons permitted to enforce violations, the State Parks and Recreation Department and any employee of the State Parks and Recreation Department specifically designated by the State Parks and Recreation Director may issue citations for park and recreation violations established under this chapter in the manner provided by ORS chapter 153.

(2) All fines and court costs recovered from park and recreation violations shall be paid to the clerk of the court involved. Such moneys shall be credited and distributed under ORS 137.290 and 137.295 as monetary obligations payable to the state. [1981 c.692 §2; 1981 c.798 §35; 1987 c.905 §21; 1999 c.1051 §98]

LOTTERY BONDS FOR STATE PARK PURPOSES

390.060 Definitions for ORS 390.060 to 390.067. As used in ORS 390.060 to 390.067, unless the context requires otherwise:

(1) "State park lottery bonds" means the bonds authorized to be issued under ORS 390.067 for the purpose of financing state park projects.

(2) "State park projects" means projects for the acquisition, development, improvement, upgrading, preservation and expansion of the capacity of facilities of the system of state parks, including but not limited to parks, park facilities, ocean shores, scenic waterways, trails and historic sites in the State of Oregon. [1997 c.800 §3; 1999 c.44 §21]

Note: 390.060 to 390.067 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.063 Lottery bonds for state park projects. The Legislative Assembly declares that the purpose of ORS 390.060 to 390.067 is to authorize lottery bonds for state park projects. The lottery bonds authorized by ORS 390.060 to 390.067 shall be issued pursuant to ORS 286.560 to 286.580 and 348.716. The obligation of the State of Oregon with respect to the bonds and with respect to any grant agreement or other commitment authorized by ORS 267.334, 285B.410, 285B.422, 285B.425, 285B.482, 285B.530 to 285B.548 and 390.060 to 390.067 shall at all times be restricted to the availability of unobligated net lottery proceeds, proceeds of lottery bonds and any other amounts specifically committed by ORS 286.560 to 286.580 and 348.716. Neither the faith and credit of the State of Oregon nor any of its taxing power shall be pledged or committed to the payment of lottery bonds or any other commitment of the State of Oregon authorized by ORS 390.060 to 390.067. [1997 c.800 §1; 1999 c.44 §22]

Note: See note under 390.060.

390.065 Findings; use of Oregon State Lottery proceeds. The Legislative Assembly finds that:

(1) Expenditures by visitors to Oregon state parks and by employees of the State Parks and Recreation Department currently contribute approximately $549 million each year to local economies throughout Oregon. The acquisition, development, improvement, upgrading, preservation and expansion of the capacity of facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites in the State of Oregon, do and will accomplish the purpose of creating jobs and furthering economic development in Oregon by:

(a) Increasing the capacity, usefulness and attractive qualities of public recreational facilities, thereby promoting travel and tourism in Oregon;

(b) Generating business for and supporting the operations and prosperity of businesses located in the areas of the public recreational facilities; and

(c) Creating employment opportunities within this state through the funding of development and improvement projects on which workers will be employed.

(2) Based on the findings made in this section, the use of the net proceeds from the operation of the Oregon State Lottery to fund state park projects and to pay state park lottery bonds described in ORS 390.063 is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510. [1997 c.800 §2; 1999 c.44 §23]

Note: See note under 390.060.

390.067 Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund. (1) State park lottery bonds shall be issued only at the request of the State Parks and Recreation Director. State park lottery bonds may be issued in an amount sufficient to provide no more than $105 million of net proceeds to pay costs of state park projects, plus the amounts required to pay bond-related costs.

(2) The Oregon Parks for the Future Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of the state park lottery bonds which are available to pay costs of state park projects shall be credited to the Oregon Parks for the Future Fund. Investment earnings on amounts in the Oregon Parks for the Future Fund shall be credited to the Oregon Parks for the Future Fund. All moneys from time to time credited to the Oregon Parks for the Future Fund, including any investment earnings, are appropriated continuously to the State Parks and Recreation Department only for payment of costs of state park projects and for payment of bond-related costs that are allocable to state park lottery bonds. Amounts in the Oregon Parks for the Future Fund shall be disbursed upon the written request of the State Parks and Recreation Director to pay for costs of state park projects pursuant to subsection (3) of this section, and upon the written request of the Director of the Oregon Department of Administrative Services to pay for bond-related costs that are allocable to state park lottery bonds.

(3) The State Parks and Recreation Director shall apply amounts in the Oregon Parks for the Future Fund to pay costs of state park projects. The State Parks and Recreation Director may make and administer contracts to carry out state park projects. In addition, the director may enter into agreements with any state agency or local government that commits the State Parks and Recreation Department to pay anticipated funds from the Oregon Parks for the Future Fund to the agency or local government for state park projects. Agreements under this subsection may, subject to the provisions of this section, provide for the remittance of the moneys on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the agreements. The obligation of the state and the department to provide funds under any such agreement shall be subject to the availability of amounts in the Oregon Parks for the Future Fund and any other amounts lawfully available to the State Parks and Recreation Department. The State Parks and Recreation Department and any agency or local government receiving proceeds of state park lottery bonds shall, if so directed by the Oregon Department of Administrative Services, take any action specified by the Oregon Department of Administrative Services which is necessary to maintain the excludability of lottery bond interest from gross income under the United States Internal Revenue Code. [1997 c.800 §4]

Note: See note under 390.060.

Note: Sections 4 and 8 (1), chapter 702, Oregon Laws 1999, provide:

Sec. 4. In accordance with ORS 390.060 to 390.067, the State Parks and Recreation Director may request issuance of lottery bonds to pay for land acquisition for state parks throughout this state or for the design and development of new campgrounds. Preference in the expenditure of lottery bond proceeds under this section shall be given to the acquisition and development of new state park lands in counties not having a state park campground, including but not limited to Washington County. The aggregate principal amount of lottery bonds issued at the request of the State Parks and Recreation Director pursuant to this section and ORS 390.060 to 390.067 shall not exceed $5 million and an additional amount estimated by the State Treasurer to be necessary to pay bond-related costs. Other than the lottery bonds described in this section, the State Parks and Recreation Director may not request the issuance of lottery bonds under ORS 390.060 to 390.067 during the 1999-2001 biennium. [1999 c.702 §4]

Sec. 8. (1) The State Parks and Recreation Department shall pay amounts required for debt service payable during the 1999-2001 biennium on lottery bonds issued under section 4, chapter 702, Oregon Laws 1999, from moneys allocated to the department from the Administrative Services Economic Development Fund. [1999 c.702 §8(1); 2001 c.942 §2(1)]

390.070 [1997 c.800 §5; repealed by 1999 c.44 §29]

390.073 [1997 c.800 §6; repealed by 1999 c.44 §29]

390.075 [1997 c.800 §7; repealed by 1999 c.44 §29]

390.077 [1997 c.800 §8; repealed by 1999 c.44 §29]

390.080 [1997 c.800 §8a; repealed by 1999 c.44 §29]

390.110 [Formerly 366.345; repealed by 1989 c.904 §48]

STATE PARKS AND RECREATION DEPARTMENT

(Generally)

390.111 Creation of department; jurisdiction and authority. (1) The State Parks and Recreation Department is created. The department consists of the State Parks and Recreation Commission, the State Parks and Recreation Director and all other officers and employees of the department.

(2) Except as may be provided by an agreement to the contrary between the State Parks and Recreation Commission and the county, city or political subdivision thereof which exercised jurisdiction and authority over the park, ground or place prior to acquisition by the state, the department has complete jurisdiction and authority over all state parks, waysides and scenic, historic or state recreation areas, recreational grounds or places acquired by the state for scenic, historic, natural, cultural or recreational purposes except as otherwise provided by law. [1989 c.904 §3]

390.112 Additional criteria for acquiring and developing new historic sites, parks and recreation areas. The State Parks and Recreation Department shall propose to the State Parks and Recreation Commission additional criteria for the acquisition and development of new historic sites, parks and recreation areas. The criteria shall include but need not be limited to:

(1) Criteria to address opportunities that may be lost to the department if acquisition is delayed, such as Whelan Island in Tillamook County and Cape Sebastian in Curry County;

(2) Criteria to protect significant cultural and historic properties, such as Thompson’s Mills in Linn County, Fort Rock Cave in Lake County, Fort Yamhill in Polk County and Keil House in Marion County; and

(3) Criteria to satisfy the need for overnight and large group use facilities on the perimeter of urban population centers, such as Columbia and Washington Counties. [1999 c.1038 §4]

390.114 State Parks and Recreation Commission. (1) There is established a State Parks and Recreation Commission consisting of seven members appointed by the Governor.

(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) All appointments of members of the commission by the Governor are subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565.

(4) The Governor shall appoint one member of the commission from each of the congressional districts referred to in ORS 188.135, one member from among individuals who reside west of the summit of the Coast Mountain Range and one member from among individuals who reside east of the summit of the Cascade Mountain Range.

(5) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [1989 c.904 §4; 1997 c.249 §123]

390.117 Commission officers; meetings; function; delegation of authority. (1) The Governor shall designate one member as chairperson, and the members shall select such other officers, for such terms and with such duties and powers necessary for the performance of such offices as the State Parks and Recreation Commission determines appropriate.

(2) A majority of the members of the commission constitutes a quorum for the transaction of business.

(3) The commission shall meet at least once every three months at a time and place determined by the commission. The commission also shall meet at such other times and places as are specified by the call of the chairperson or of a majority of the members of the commission.

(4) It is the function of the State Parks and Recreation Commission to promote the policy of this state toward outdoor recreation resources identified in ORS 390.010 and establish the policies for the operation of the State Parks and Recreation Department in a manner consistent with the policies and purposes of this chapter. In addition, the commission shall perform any other duty vested in it by law.

(5) Except for the commission’s power to adopt rules, the commission may delegate to the State Parks and Recreation Director the exercise or discharge in the commission’s name of any power, duty or function, of whatever character, vested in or imposed by law upon the commission, with the exception of the powers, duties and functions described in ORS 390.121 (1). The official act of the director acting in the commission’s name and by the commission’s authority shall be considered an official act of the commission. [1989 c.904 §6]

390.120 [Formerly 366.175; 1979 c.186 §17; repealed by 1989 c.904 §48]

390.121 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 $15,000, the department shall offer them for sale by competitive bid. 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 shall be in the notice.

(C) The notice and competitive bidding under subparagraph (B) of this paragraph shall not be required if the 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 State Parks and Recreation 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]

Note: Legislative Counsel has substituted "chapter 904, Oregon Laws 1989," for the words "this 1989 Act" in section 9, chapter 904, Oregon Laws 1989, compiled as 390.121. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1989 Comparative Section Table located in Volume 18 of ORS.

390.122 Requirements for establishing priorities for acquisition. In establishing its priorities for acquisition, the State Parks and Recreation Commission shall:

(1) Consider the criteria and specific examples set forth in ORS 390.112; and

(2) Encourage public nominations of significant resources that meet the criteria established pursuant to ORS 390.112 and other criteria pertaining to the acquisition of historic sites, parks and recreation areas. [1999 c.1038 §5]

390.124 Commission rulemaking authority; charges for use of parks and other areas; exceptions. In accordance with any applicable provision of ORS 183.310 to 183.550, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. The rules may provide reasonable charges for use of accommodations provided at areas established and maintained by the department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the department. However, the department by rule shall authorize the use of any state park, individual campsite or day use fee area without charge, upon proper identification by:

(1) Foster parents described in ORS 243.140 (1) and their children, when accompanied by their foster children.

(2) A person maintaining a developmental disability child foster home certified under ORS 443.830 and 443.835 and the person’s children, when accompanied by a foster child residing in the home. [1989 c.904 §§10,10a; 1991 c.67 §93; 1999 c.316 §7]

390.127 State Parks and Recreation Director; appointment; compensation. (1) The State Parks and Recreation Commission shall appoint as State Parks and Recreation Director an individual well qualified by training and experience to serve for a term of four years unless sooner removed by the commission.

(2) The director shall receive such salary as may be prescribed by law. In addition to salary, subject to applicable law regulating travel and expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties. [1989 c.904 §7]

390.130 [Formerly 366.180; 1979 c.186 §18; repealed by 1989 c.904 §48]

390.131 Duties of director. The State Parks and Recreation Director is the executive head of the State Parks and Recreation Department and shall:

(1) Be responsible to the State Parks and Recreation Commission for administration and enforcement of the duties, functions and powers imposed by law upon the commission and the department.

(2) Appoint, supervise and control all commission employees and, under policy direction of the commission, be responsible for all of the commission’s functions and activities.

(3) Establish such administrative divisions as are necessary to carry out properly the commission’s functions and activities.

(4) Contract with the Department of Transportation for the performance of such administrative services as the director considers appropriate. [1989 c.904 §8]

390.134 State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts. The State Parks and Recreation Department Fund is established separate and distinct from the General Fund. The following apply to the fund established by subsections (1) to (6) of this section:

(1) The fund shall consist of the following:

(a) All moneys placed in the fund as provided by law. Any interest or other income derived from the depositing or other investing of the fund shall be credited to the fund.

(b) All registration fees received by the Department of Transportation for campers, manufactured structures, motor homes and travel trailers which are transferred to the fund under ORS 366.512. Such funds shall be deposited in a separate subaccount established under subsection (2) of this section.

(c) Revenue from fees and charges pursuant to ORS 390.124.

(2) Any moneys placed in the fund for a particular purpose may be placed in a separate subaccount within the fund. Each separate subaccount established under this subsection shall be separately accounted for. Moneys placed in a subaccount shall be used for the purposes for which they are deposited.

(3) All of the moneys in the fund except those moneys described in subsection (2), (4), (5) or (6) of this section shall be deposited in a separate subaccount within the fund under subsections (1) to (6) of this section and shall be used by the State Parks and Recreation Department for the acquisition, development, maintenance, care and use of park and recreation sites. The moneys in the subaccount under this subsection shall be accounted for separately and shall be stated separately in the State Parks and Recreation Department’s biennial budget.

(4) Thirty percent of the amount transferred to the State Parks and Recreation Department under ORS 366.512 from the registration of travel trailers, campers and motor homes and under ORS 803.601 from recreational vehicle trip permits shall be deposited in a separate subaccount within the fund under subsections (1) to (6) of this section and is appropriated for the maintenance, care and use of county park and recreation sites. The moneys in the subaccount under this subsection shall be accounted for separately. The following apply to the distribution of moneys under this subsection:

(a) The appropriation shall be distributed among the several counties for the purposes described in this subsection. The distribution shall be made at times determined by the State Parks and Recreation Department but shall be made not less than once a year.

(b) The sums designated under this subsection shall be remitted to the county treasurers of the several counties by warrant.

(c) The department shall establish an advisory committee to advise the department in the performance of its duties under this subsection. The composition of the advisory committee under this subsection shall be as determined by the department by rule. In determining the composition of the advisory committee, the department shall attempt to provide reasonable representation for county officials or employees with responsibilities relating to county parks and recreation sites.

(d) The department, by rule, shall establish a program to provide moneys to counties for the acquisition, development, maintenance, care and use of county park and recreation areas. The rules under this paragraph shall provide for distribution of moneys based on use and need and, as the department determines necessary, on the need for the development and maintenance of facilities to provide camping sites for campers, motor homes and travel trailers.

(e) As used in subsections (1) to (6) of this section, "county" shall include a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a county pursuant to an intergovernmental agreement.

(5) The department shall create a separate City and County Subaccount within the fund to be used to reimburse cities and counties as provided in ORS 390.290.

(6) The department shall create a separate rural Fire Protection District Subaccount to be used to provide funds for the fire protection districts as provided in ORS 390.290.

(7) On or before January 15 of each odd-numbered year, the State Parks and Recreation Director shall report to the Joint Legislative Committee on Ways and Means created by ORS 171.555 on the use of moneys deposited pursuant to ORS 805.256 in the State Parks and Recreation Department Fund. The director shall make the report in a form and manner as the committee may prescribe. [1989 c.904 §9a; 1993 c.662 §2; 1993 c.696 §16; 1997 c.421 §4; 1997 c.721 §1; subsection (7) of 2001 Edition enacted as 2001 c.110 §2]

390.137 State Parks and Recreation Department Operating Fund. (1) There is established in the State Parks and Recreation Department a revolving fund known as the State Parks and Recreation Department Operating Fund. Moneys shall be transferred from the State Parks and Recreation Department Fund to the State Parks and Recreation Department Operating Fund as needed.

(2) Parks Donation Trust Fund moneys shall be transferred to the State Parks and Recreation Department Operating Fund for disbursement for purposes stated in ORS 390.153 (2).

(3) Disbursements may be made by check of the department upon the State Treasurer signed by such officer or administrative head as the State Parks and Recreation Director appoints for that purpose. Disbursements shall be made only in payment of claims authorized by law for the ordinary expenditures of the State Parks and Recreation Department incurred in the operation of the department or any of its divisions. The department shall keep accurate account of the funds.

(4) Upon approval of the Oregon Department of Administrative Services and the State Treasurer, the State Parks and Recreation Department may contract to write checks upon the State Treasury to pay for claims and expenditures of the department. [1989 c.904 §9b]

390.139 Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers. (1) The State Parks and Recreation Department shall administer a program designed to allow volunteers to assist in the operation and maintenance of Oregon’s state parks. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteers in park operation and maintenance, assigning each volunteer to a specific state park. The program shall be called the Oregon Adopt-a-Park Program.

(2) Private landowners with parks adjacent to their property are vital to the success of the Oregon Adopt-a-Park Program. The State Parks and Recreation Department shall ensure that participants in the program comply with requirements to obtain permission from landowners for access across private property if necessary to perform the volunteers’ duties.

(3) Program funding is an authorized use of the State Parks and Recreation Department Fund under ORS 390.134 (1) to (6).

(4) The State Parks and Recreation Department may adopt any rules necessary for implementation of the Oregon Adopt-a-Park Program.

(5) An agreement entered into between the State Parks and Recreation Department and a volunteer under subsection (1) of this section shall include but need not be limited to:

(a) Identification of the designated state park. The volunteer may request a specific state park the volunteer wishes to adopt, but the assignment shall be at the discretion of the State Parks and Recreation Department. In assigning parks, the department shall coordinate and cooperate with affected federal, state and local management agencies and private landowners.

(b) Specification of the duties of the volunteer.

(c) Specification of the responsibilities of the volunteer. The volunteer shall agree to abide by all rules related to the program that are adopted by the State Parks and Recreation Department.

(d) Specification of the duration of the agreement. The volunteer shall contract to care for the designated state park for one year.

(6) The State Parks and Recreation Department shall create a recognition program to acknowledge the efforts of volunteers, agencies and businesses that participate in the Oregon Adopt-a-Park Program.

(7) The State Parks and Recreation Department may provide trash bags, supplies, equipment and safety information and assistance to the participating volunteers.

(8) As used in this section, "volunteer" may include an individual, a group of individuals, a volunteer group or service club, or any entity that is tax exempt under section 501(c)(3) of the Internal Revenue Code, as amended. [1997 c.718 §2; 1999 c.59 §103]

390.140 Powers and duties of State Parks and Recreation Director. (1) Under the direction of the State Parks and Recreation Commission, the State Parks and Recreation Director shall:

(a) Study and appraise the recreation needs of this state and assemble and disseminate information relative to recreation, considering both tourist and local needs.

(b) Investigate the recreation facilities, personnel, activities and programs existing or needed in the various areas in this state and, by consultation with the appropriate public or private authorities in such areas, assist in the development and coordination of recreation facilities, activities and programs.

(c) Advise, cooperate with and encourage counties, cities, districts and other local agencies, areas and communities interested in the development and use of recreation facilities, activities and programs for the public benefit.

(d) Recommend and promote standards for recreation facilities, personnel, activities and programs.

(e) Aid in recruiting, training and placing recreation personnel.

(f) Promote recreation institutes and conferences.

(2) Under the direction of the commission, the State Parks and Recreation Director may:

(a) Encourage and render assistance in the promotion of training programs for volunteer and professional recreation leaders in cooperation with other public and private agencies, persons, groups, organizations and institutions interested in recreation, and encourage the establishment of standards for recreation personnel.

(b) Assist any state agency in rendering recreation services and carrying out recreation functions in conformity with the authorized powers and duties of such state agency, and encourage and assist in the coordination of federal, state and local recreation facilities, personnel, activities and programs. [Formerly 366.182; 1979 c.186 §19; 1989 c.904 §11]

390.143 Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys. (1) In order to further the interpretive and educational functions of recreation facilities in Oregon, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services to recreation facilities in Oregon.

(2) An organization entering into an agreement with the director under subsection (1) of this section may:

(a) Provide educational or interpretive material for sale at a recreation facility;

(b) Acquire display materials and equipment for exhibits at a recreation facility;

(c) Provide support for special recreation facility interpretive programs or environmental education programs;

(d) Support recreation facility libraries; or

(e) Provide support for other interpretive projects related to a specific recreation facility.

(3) If the director enters into an agreement with a private organization under subsection (1) of this section, the State Parks and Recreation Department may:

(a) Provide incidental personnel services to the organization’s interpretive program; and

(b) Provide space at a recreation facility for the interpretive materials provided by the organization.

(4) Any money received from the sale of publications or other materials provided by an organization pursuant to an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services of the recreation facility for which the organization provides interpretive services.

(5) As used in this section, "recreation facility" includes but is not limited to state parks and all recreational, historical and scenic attractions owned or under the control of the State of Oregon and administered by the State Parks and Recreation Department. [1985 c.303 §2]

390.144 Rules for ORS 390.143. The State Parks and Recreation Director shall adopt rules to carry out the purpose of ORS 390.143. The rules shall include but need not be limited to:

(1) Procedures and forms to be used by an organization desiring to enter into an agreement with the director under ORS 390.143;

(2) Guidelines for approving the interpretive material an organization proposes to provide to a recreation facility; and

(3) Provisions for renewing or dissolving an agreement between an organization and the director. [1985 c.303 §3]

390.150 Gifts and grants for State Parks and Recreation Department. The State Parks and Recreation Department may accept and expend, use or dispose of moneys and property from any public or private source, including the federal government, made available to the department in the form of grants, gifts, devises, bequests or endowments for the purpose of carrying out any of the provisions and purposes of ORS 390.140 to 390.150 or to facilitate the carrying out of any of the functions of the State Parks and Recreation Director under ORS 390.140 to 390.150. [Formerly 366.183]

390.153 Parks Donation Trust Fund; sources; uses. (1) The Parks Donation Trust Fund is established as a fund in the State Treasury. All gifts or donations of money received by the State Parks and Recreation Department shall be deposited with the State Treasurer and credited by the treasurer to the fund. The treasurer may establish subaccounts in the fund established in this section if the treasurer determines that the terms of a gift or donation require a separate subaccount. Any interest or other income derived from the depositing or other investing of the fund shall be credited monthly to the fund except that interest or other income attributable to a subaccount shall be credited to that subaccount.

(2) Moneys in the Parks Donation Trust Fund and in any subaccount of the fund are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no specific purpose is specified, for park and recreation purposes determined by the State Parks and Recreation Commission. [1987 c.181 §1; 1989 c.904 §12]

390.155 Authority for State Parks and Recreation Department to accept gifts or donations. The State Parks and Recreation Department may accept gifts or donations of moneys or property to be used for specific or general park and recreational purposes. Subject to the terms specified in a gift or donation, the State Parks and Recreation Commission may authorize use of gifts or donations in a manner that, in the commission’s judgment, best carries out the intent of the gift or donation. [1987 c.181 §2]

390.160 [Formerly 366.350; 1977 c.556 §1; 1979 c.134 §2; 1979 c.186 §20; 1987 c.358 §1; 1989 c.550 §4; repealed by 1989 c.904 §48]

390.170 [Formerly 366.545; repealed by 1975 c.184 §1]

390.180 Standards for recreational planning and fund disbursement; park master plans. (1) The State Parks and Recreation Director shall adopt rules that:

(a) Establish the standards the State Parks and Recreation Department shall use when that department:

(A) Performs comprehensive statewide recreational planning; or

(B) Disburses any moneys to local governments or other state agencies under programs established under state or federal law.

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

(c) Establish a master plan for each state park, including an assessment of resources and a determination of the capacity for public use and enjoyment of each park, that the State Parks and Recreation Department shall follow in its development and use of each park.

(2) The State Parks and Recreation Director shall submit an adopted state park master plan to the local government with land use planning responsibility for the subject park. [1979 c.637 §1; 1987 c.158 §67; 1997 c.604 §1]

390.190 Revolving fund. (1) A revolving fund not to exceed the aggregate amount of $100,000 may be established within the State Parks and Recreation Department Fund by a warrant drawn on any funds, other than General Fund, appropriated to or authorized for expenditure by the State Parks and Recreation Department.

(2) The fund shall be at the disposal of the State Parks and Recreation Department and may be used by the department:

(a) To compensate employees for salaries, travel expenses, relocation expenses and other work-related expenditures; and

(b) To pay for services, supplies and materials not to exceed $300 for any transaction.

(3) All vouchers for claims paid from the revolving fund shall be approved by the State Parks and Recreation Director. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [1983 c.443 §7; 1989 c.904 §14]

390.195 Use of state correctional institution inmate labor for maintenance and improvement at state parks. (1) The State Parks and Recreation Department shall use state correctional institution inmate labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS chapter 279 do not apply to the use of state correctional institution inmate labor under this section.

(2) The State Parks and Recreation Director shall assign and supervise the work of the state inmates who are performing the work described in subsection (1) of this section.

(3) Nothing in this section is intended to exempt the State Parks and Recreation Department from the provisions of ORS 279.835 to 279.855 for any purpose other than the use of state correctional institution inmate labor. [1997 c.533 §1; 1999 c.59 §104]

Note: 390.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.210 [Formerly 366.355; 1971 c.741 §37; 1987 c.158 §68; repealed by 1989 c.904 §48]

390.215 [1979 c.792 §2; 1987 c.158 §69; repealed by 1989 c.904 §48]

390.220 [Formerly 358.520; repealed by 1989 c.904 §48]

390.230 Fort Stevens Military Reservation; Clatsop Spit. (1) The right, title and interest of all state agencies, other than the State Fish and Wildlife Commission and political subdivisions, in the lands described in subsection (2) of this section are hereby vested in the State or Oregon by and through its State Parks and Recreation Department.

(2) All of the lands, together with the accretions thereto lying westerly of the east line of section 7, township 8 north, range 10 west, Willamette Meridian, Clatsop County, State of Oregon, extending northerly to the main channel of the Columbia River as it existed on May 19, 1967; bounded on the south by the south line of said section 7 extended westerly to the low water of the Pacific Ocean; and bounded on the north by the main channel of said Columbia River extended downstream to the Pacific Ocean. [1967 c.288 §§1,2]

390.231 Development of Crissey Field as state park. Consistent with ORS 390.010 and 390.180, the State Parks and Recreation Department shall develop a plan to make Crissey Field in Brookings a state park. The department may jointly develop the park with the State of California. [1999 c.562 §1]

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

390.232 Tax on government camping and recreational vehicle spaces. If a local government imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government. [1993 c.819 §1]

Note: 390.232 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Archaeological Sites and Historical Material)

390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty. (1)(a) A person may not excavate or alter an archaeological site on public lands, make an exploratory excavation on public lands to determine the presence of an archaeological site or remove from public lands any material of an archaeological, historical, prehistorical or anthropological nature without first obtaining a permit issued by the State Parks and Recreation Department.

(b) If a person who obtains a permit under this section intends to curate or arrange for alternate curation of an archaeological object that is uncovered during an archaeological investigation, the person must submit evidence to the State Historic Preservation Officer that the Oregon State Museum of Anthropology and the appropriate Indian tribe have approved the applicant’s curatorial facilities.

(c) No permit shall be effective without the approval of the state agency or local governing body charged with management of the public land on which the excavation is to be made, and without the approval of the appropriate Indian tribe.

(d) The State Parks and Recreation Director, with the advice of the Oregon Indian tribes and Executive Officer of the Commission on Indian Services, shall adopt rules governing the issuance of permits.

(e) Disputes under paragraphs (b) and (c) of this subsection shall be resolved in accordance with ORS 390.240.

(f) Before issuing a permit, the State Parks and Recreation Director shall consult with:

(A) The landowning or land managing agency; and

(B) If the archaeological site in question is associated with a prehistoric or historic native Indian culture:

(i) The Commission on Indian Services; and

(ii) The most appropriate Indian tribe.

(2) The State Parks and Recreation Department may issue a permit under subsection (1) of this section under the following circumstances:

(a) To a person conducting an excavation, examination or gathering of such material for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology;

(b) To a qualified archaeologist to salvage such material from unavoidable destruction; or

(c) To a qualified archaeologist sponsored by a recognized institution of higher learning, private firm or an Indian tribe as defined in ORS 97.740.

(3) Any archaeological materials, with the exception of Indian human remains, funerary objects, sacred objects and objects of cultural patrimony, recovered by a person granted a permit under subsection (2) of this section shall be under the stewardship of the State of Oregon to be curated by the Oregon State Museum of Anthropology unless:

(a) The Oregon State Museum of Anthropology with the approval from the appropriate Indian tribe approves the alternate curatorial facilities selected by the permittee;

(b) The materials are made available for nondestructive research by scholars; and

(c)(A) The material is retained by a recognized scientific, educational or Indian tribal institution for whose benefit a permit was issued under subsection (2)(a) of this section;

(B) The State Board of Higher Education with the concurrence of the appropriate Indian tribe grants approval for material to be curated by an educational facility other than the institution that collected the material pursuant to a permit issued under subsection (2)(a) of this section; or

(C) The sponsoring institution or firm under subsection (2)(c) of this section furnishes the Oregon State Museum of Anthropology with a complete catalog of the material within six months after the material is collected.

(4) The Oregon State Museum of Anthropology shall have the authority to transfer permanent possessory rights in subject material to an appropriate Indian tribe.

(5) Except for sites containing human remains, funerary objects and objects of cultural patrimony as defined in ORS 358.905, or objects associated with a prehistoric Indian tribal culture, the permit required by subsection (1) of this section or by ORS 358.920 shall not be required for forestry operations on private lands for which notice has been filed with the State Forester under ORS 527.670.

(6) As used in this section:

(a) "Private firm" means any legal entity that:

(A) Has as a member of its staff a qualified archaeologist; or

(B) Contracts with a qualified archaeologist who acts as a consultant to the entity and provides the entity with archaeological expertise.

(b) "Qualified archaeologist" means a person who has the following qualifications:

(A) A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree;

(B) Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and

(C) Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research.

(7) Violation of the provisions of subsection (1)(a) of this section is a Class B misdemeanor. [Formerly 273.705; 1993 c.459 §12; 1995 c.543 §7; 1995 c.588 §2]

390.237 Removal without permit; exceptions. In addition to the provisions of ORS 273.241, if any individual or institution excavates or removes from the land designated in ORS 390.235 any materials of archaeological, historical, prehistorical or anthropological nature without obtaining the permit required in ORS 390.235, all materials and collections removed from such lands, with the exception of native Indian human remains, funerary goods, sacred objects and objects of cultural patrimony, which shall go directly to the appropriate Indian tribe, are under the stewardship of the State of Oregon and shall be assigned to the Oregon State Museum of Anthropology with the expressed approval of the appropriate Indian tribe. [Formerly 273.711; 1993 c.459 §13; 1995 c.543 §10]

390.240 Mediation and arbitration of disputes; rules; panel membership. (1) The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section:

(a) A dispute with regard to the issuance of an archaeological permit under ORS 390.235; or

(b) A dispute over the disposition of human skeletal remains or burial goods under ORS 97.750.

(2) The State Parks and Recreation Commission in consultation with the Dispute Resolution Commission and the governing bodies of the Oregon Indian tribes shall adopt rules to establish mediation and arbitration procedures. Such rules shall provide for appeal as described in ORS 36.365.

(3) Until rules are adopted and procedures implemented under subsection (2) of this section, the State Parks and Recreation Commission shall adopt interim rules that provide for resolution of disputes. The arbitration panel under such a program shall consist of:

(a) The State Historic Preservation Officer or the officer’s designee;

(b) A representative of the Commission on Indian Services;

(c) A representative of the Oregon State Museum of Anthropology;

(d) A representative of a governing body of a federally recognized Oregon Indian tribe; and

(e) A representative of the public, selected by the Dispute Resolution Commission. [1993 c.459 §15; 2001 c.104 §129]

COMMEMORATIVE COINS

390.245 Commemorative coins authorized; sale; use of proceeds. (1) The State Treasurer may issue commemorative coins for sale to the public. Such coins shall commemorate Oregon history, people or resources and shall not constitute legal tender and may include the use of the state seal of Oregon under ORS 186.023. If the State Treasurer decides to issue commemorative coins using the state seal, no private entity shall be authorized to use the state seal on any commemorative coins.

(2) All moneys received by the State Treasurer from the sale of commemorative coins shall be paid into the State Treasury and credited to a separate Commemorative Coin Account established within the State Parks and Recreation Department Fund. The State Treasurer is authorized to charge the account the reasonable expenses incurred in the design, production and sale of the coins.

(3) All moneys in the account, net of expenses charged, are appropriated continuously to the State Parks and Recreation Department for park land acquisition and development and for historical observances related to historical areas and sites. [1991 c.582 §2]

390.247 Design; contracted services. (1) The State Treasurer shall select or provide for the selection of the design of the commemorative coins described in ORS 390.245 and shall make such arrangements as the State Treasurer considers appropriate for the production and sale of the coins and shall provide for the production of coins in such numbers considered appropriate.

(2) In carrying out the State Treasurer’s duties, functions and powers with regard to the commemorative coins, the State Treasurer may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed pursuant to any such contract. All costs and expenses incurred pursuant to this section shall be paid from the Commemorative Coin Account established in ORS 390.245. [1991 c.582 §3]

LOCAL PARKS AND RECREATION SERVICES

(Jackson County)

390.250 Development of recreational use of lands by Jackson County; application for state funds. (1) In furtherance of the state policy declared in ORS 390.010, the governing body of Jackson County, Oregon, may prepare and adopt a plan to promote the public scenic, park and recreational use of lands along Bear Creek that lie within the boundaries of Jackson County. The county governing body may, in preparing any such plan, designate lands or interest in such lands situated within the county that the county and all cities described in subsection (2) of this section consider necessary for immediate or future acquisition for public use for scenic, park or recreational purposes.

(2) Each plan adopted under subsection (1) of this section shall be prepared in cooperation with and with the concurrence of all cities within the county that have lands within their respective boundaries that are adjacent or contiguous to Bear Creek.

(3) After the adoption of a plan under subsection (1) of this section, the governing body of a city in Jackson County or of Jackson County may apply to the State Parks and Recreation Department under ORS 390.255 for grants of money to be used by the city or county in the acquisition of lands or any interests therein to carry out any such plan. [1973 c.668 §1; 1989 c.904 §15]

390.255 Use of funds to acquire land interests; conditions of grants. (1) The State Parks and Recreation Department may enter into agreements with cities in Jackson County and with Jackson County and make grants of money from such funds as may be available therefor to assist them in acquiring any lands or any interest therein for scenic, park and recreational purposes in accordance with a plan adopted by the governing body of Jackson County. The grants of money that may be made by the department for the acquisition of any lands or interests shall not be less than 50 percent of such acquisition cost subject to availability of funds therefor. All remaining costs, including but not limited to future operation and maintenance costs, shall be borne by the city or county in a manner satisfactory to the department. No grant of money shall be made by the department under this subsection for any lands or interests acquired by a city or county prior to July 22, 1973.

(2) The department may require such information, as it considers advisable, from a city or the county applying for a grant of money under ORS 390.250 (3). The department may impose such conditions on the agreements entered into under subsection (1) of this section and on the use of moneys granted pursuant thereto as the department considers necessary in carrying out the state policy declared in ORS 390.010. [1973 c.668 §2; 1989 c.904 §16]

390.260 Application of Willamette River Greenway laws; 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]

(Ocean Shores Lifesaving Services)

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. [1973 c.673 §1; 1985 c.395 §1; 1989 c.904 §17; 2001 c.104 §130]

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. [1973 c.673 §2; 1985 c.395 §2]

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. [1973 c.673 §3; 1985 c.395 §3]

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. [1973 c.673 §4; 1985 c.395 §4]

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 390.270 to 390.290, the department shall prorate the available funds among the grants approved. [1973 c.673 §5; 1985 c.395 §5; 1989 c.904 §62]

(Tillamook State Forest Recreation Program)

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: 390.295 and 390.300 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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 390.295.

WILLAMETTE RIVER GREENWAY

(Generally)

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. [1967 c.551 §1; 1973 c.558 §2; 1989 c.904 §18; 2001 c.104 §131]

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. [1973 c.558 §1]

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. [1973 c.558 §3; 1989 c.904 §19]

390.320 [1967 c.551 §2; 1973 c.87 §1; repealed by 1973 c.558 §17]

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. [1973 c.558 §4]

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)

390.332 Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation. (1) Except as otherwise provided in subsection (4) of this section, immediately after October 5, 1973, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain.

(2) Each scenic easement acquired under subsection (1) of this section shall:

(a) Be designed to preserve the vegetation along the Willamette River and the natural and scenic qualities of the lands subject to such easements and authorize the department, at its own expense, to engage in natural vegetative landscaping on such lands to enhance the natural and scenic qualities of such lands.

(b) Require the owner of the lands subject to such easement to carry on the use of such lands in a manner to preserve the existing vegetation and natural and scenic qualities of such lands and require the repair by the department, at its own expense, of any damage resulting from natural causes to vegetation on such lands.

(c) Not provide for public access or use of the lands subject to such easement, if such easement was acquired by the department through the exercise of the power of eminent domain.

(d) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(e) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(3) Each scenic easement acquired under this section on lands that, on the date of the acquisition of such easement, were a part of a larger tract of land not subject to a scenic easement under ORS 390.310 to 390.368, shall provide for the right of the department to acquire fee title to the lands subject to such easement upon a change in the use of the lands in the remainder of such tract that is inconsistent with such scenic easement under ORS 390.310 to 390.368.

(4) The department may not acquire, through the exercise of the power of eminent domain, scenic easements under subsection (1) of this section on any lands that on October 5, 1973, are devoted to farm use, as defined in ORS 215.203 (2) or are a portion of a larger tract of land under single ownership that is devoted to such use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in ORS 390.334. Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use. [1973 c.558 §5]

390.334 Acquisition of scenic easements in lands subject to development plan; farmlands not to be acquired by condemnation; nature of easement; acquisition of other interests. (1) Except as otherwise provided in subsection (2) of this section, after the date of the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322, the State Parks and Recreation Department may acquire scenic easements in any lands described in such plan or segment pursuant to ORS 390.318 (2)(d). Each such easement may be acquired by any means, including but not limited to the exercise of the power of eminent domain.

(2) The department shall not acquire, through the exercise of the power of eminent domain, scenic easements in any lands situated within the boundaries of the Willamette River Greenway that are devoted to farm use on October 5, 1973, while such lands remain devoted to farm use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in subsection (1) of this section. Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use. For the purpose of this subsection, "farm use" has the meaning given that term in ORS 215.203 (2).

(3) Each scenic easement acquired under subsection (1) of this section shall:

(a) Specify the use of the land existing on the date of the acquisition of the easement and permit the continuation of such use while the land is subject to such easement.

(b) With respect to scenic easements acquired through the exercise of the power of eminent domain, not provide for any rights of public access to or use of such lands under such easements.

(c) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(d) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(4) In addition to a scenic easement acquired by the department under this section, the department may acquire, by any means other than the exercise of the power of eminent domain, a public easement providing for public access and use of such lands.

(5) At any time after the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322, the department may acquire, by any means other than the exercise of the power of eminent domain, lands or interests therein that are situated outside the boundaries of the Willamette River Greenway or the segment thereof as approved. Each such acquisition shall be designed to preserve the natural or scenic character of such lands in conjunction with the lands within the boundaries of the Willamette River Greenway. [1973 c.558 §6]

390.338 Limitations on use of condemnation power; acquisition of certain farmlands; disposition of acquired lands; compensation for acquired lands. (1) Notwithstanding ORS 390.121, the State Parks and Recreation Department may only exercise the power of eminent domain in the acquisition of lands or interests therein that are situated within the boundaries of the Willamette River Greenway for state parks or recreation areas in the parcels of land described in section 8a, chapter 558, Oregon Laws 1973.

(2) If any land acquired by the department under subsection (1) or (4) of this section is a part of a larger tract of land devoted to farm use on the date of the acquisition of such portion of the tract and such acquisition would render uneconomic an otherwise economic farming unit on the whole tract of land, upon the request of the owner of such tract of land, the department shall purchase the entire tract of land. The department shall, whenever practicable, acquire the remainder of any such tract of land with state funds so that the subsequent disposition of any such land will not be subject to restrictions imposed under agreements made for the receipt of nonstate funds otherwise available for the acquisition of such lands.

(3) The department may dispose of lands acquired pursuant to subsection (2) of this section that are located outside the boundaries of the Willamette River Greenway as it considers advisable. However, the disposition of any such lands must comply with the laws of this state and the applicable provisions of any agreement by which the department acquired funds for the purchase of such lands.

(4) Notwithstanding ORS 390.121, the department may only acquire, by any means other than the exercise of eminent domain, for state parks and recreation areas, lands and interests in lands that are situated within the boundaries of the Willamette River Greenway and that are situated outside the boundaries of the parcels of land described in section 8a, chapter 558, Oregon Laws 1973.

(5) In the acquisition of any lands pursuant to subsections (1), (2) and (4) of this section, the department shall include in the compensation and damages, if any, paid for such lands:

(a) As a part of the compensation, in valuing such lands as a whole, paid for any such lands acquired without condemnation proceedings initiated as provided in ORS 35.235, the estimated market value of economically extractable subsurface mineral aggregate deposits of reasonably foreseeable demand known to exist in such lands or shown by the owner to exist in such lands.

(b) As a part of the compensation and damages, if any, in valuing such lands as a whole, for the appropriation of any such lands, acquired by the department after the commencement of condemnation proceedings under ORS 35.235 but not pursuant to an award in a condemnation action initiated under ORS 35.245, the estimated market value of economically extractable subsurface mineral aggregate deposits of reasonably foreseeable demand agreed upon by the department and the owner of lands so acquired.

(c) As a part of the true value and damages, in valuing such lands as a whole, for the appropriation of such lands acquired by award in a condemnation action initiated under ORS 35.245, the estimated market value of economically extractable subsurface mineral aggregate deposits of reasonably foreseeable demand alleged in the answer of the defendant made pursuant to ORS 35.295 and proved by the defendant as a matter of defense to be a part of the true value of such lands so acquired.

(6) This section does not apply to the acquisition of any lands or interests therein acquired for state parks or recreation areas prior to October 5, 1973, and to any lands or interests in land subject to a legally enforceable option held by the state on October 5, 1973, for the purposes of the acquisition of such lands or interests for state parks and recreation areas. [1973 c.558 §8; 1989 c.904 §21]

(Miscellaneous)

390.340 Department rules. The State Parks and Recreation Department shall make and promulgate rules and regulations that it considers necessary in carrying out ORS 390.310 to 390.368. [1967 c.551 §4; 1973 c.558 §11]

390.350 Intergovernmental agreements; use of gifts and grants. Units of local government may enter into agreements with the State Parks and Recreation Department and with each other in carrying out the purposes of the Willamette River Greenway, and may accept and use gifts and grants from the department or others. [1967 c.551 §5; 1973 c.558 §12]

390.360 Title to, and use and disposition of, lands acquired by local governmental units. All lands or interests in lands acquired and all historical sites, structures, facilities and objects preserved and restored by the units of local government pursuant to ORS 390.330 with grants of money from the State Parks and Recreation Department, may be used only for the purposes of the Willamette River Greenway as set forth in ORS 390.314, unless a different use is authorized by the department. Title to the lands or interest therein so acquired shall be held by the unit of local government acquiring the same. Such lands or interest therein and such historical sites, structures, facilities and objects preserved and restored shall never be disposed of or sold except upon the approval and consent of the department. [1967 c.551 §6; 1973 c.87 §3; 1973 c.558 §13; 1989 c.904 §22]

390.364 Taxation of lands subject to scenic easements. For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any land owned by the state is so exempt. [1973 c.558 §7; 1981 c.804 §98; 1991 c.459 §393]

390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement. In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural causes to vegetation on any land subject to a scenic easement within the boundaries of the Willamette River Greenway in accordance with the terms of the scenic easement acquired on such land. [1973 c.558 §9]

390.410 [Formerly 358.610; repealed by 1987 c.14 §12]

390.415 [1977 c.482 §2; repealed by 1987 c.14 §12]

390.420 [Formerly 358.615; 1969 c.314 §31; 1977 c.482 §4; repealed by 1987 c.14 §12]

390.430 [Formerly 358.620; 1977 c.482 §5; repealed by 1987 c.14 §12]

390.440 [Formerly 358.625; repealed by 1977 c.482 §6]

390.450 [Formerly 358.630; repealed by 1987 c.14 §12]

390.460 [1977 c.482 §3; repealed by 1987 c.14 §12]

390.500 [1987 c.14 §1; renumbered 196.150 in 1989]

390.505 [1987 c.14 §2; renumbered 196.155 in 1989]

390.510 [1987 c.14 §§3,4; 1989 c.171 §47; renumbered 196.160 in 1989]

390.515 [1987 c.14 §5; renumbered in 196.165 in 1989]

ALL-TERRAIN VEHICLES

390.550 Definitions. As used in this chapter:

(1) "Class I all-terrain vehicle" has the meaning given that term in ORS 801.190.

(2) "Class II all-terrain vehicle" has the meaning given that term in ORS 801.193.

(3) "Class III all-terrain vehicle" has the meaning given that term in ORS 801.194. [1999 c.977 §2]

390.555 All-Terrain Vehicle Account; sources. The All-Terrain Vehicle Account is established as a separate account in the State Parks and Recreation Department Fund, to be accounted for separately. Interest earned by the All-Terrain Vehicle Account shall be credited to the account. After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I all-terrain vehicle safety education courses under ORS 390.570 and Class III all-terrain vehicle safety education courses under ORS 390.575, the following moneys shall be transferred to the account:

(1) Fees collected by the State Parks and Recreation Department for issuance of operating permits for all-terrain vehicles under ORS 390.580 and 390.590.

(2) Fees collected by the department from participants in the Class I and Class III all-terrain vehicle safety education courses under ORS 390.570 and 390.575.

(3) The moneys transferred from the Department of Transportation under ORS 802.125 that represent unrefunded fuel tax. [1999 c.977 §3]

390.560 Uses of All-Terrain Vehicle Account. Moneys in the All-Terrain Vehicle Account established under ORS 390.555 shall be used for the following purposes only:

(1) In each 12-month period, no less than 10 percent of the moneys described in ORS 390.555 that are attributable to Class I all-terrain vehicles shall be transferred to the Department of Transportation to be used for the development and maintenance of snowmobile facilities as provided in ORS 802.110;

(2) Planning, promotion and implementation of a statewide all-terrain vehicle program including acquisition, development and maintenance of all-terrain vehicle recreation areas;

(3) Education and safety training for all-terrain vehicle operators;

(4) Provision of first aid and police services in all-terrain vehicle recreation areas designated by the appropriate authority;

(5) Costs of instigating, developing or promoting new programs for all-terrain vehicle users and of advising people of possible usage areas for all-terrain vehicles;

(6) Costs of coordinating between all-terrain vehicle user groups and the managers of public lands;

(7) Costs of providing consultation and guidance to all-terrain vehicle user programs; and

(8) Costs of administration of the all-terrain vehicle programs, including staff support provided under ORS 390.565 as requested by the All-Terrain Vehicle Account Allocation Committee. [1999 c.977 §4]

390.565 All-Terrain Vehicle Account Allocation Committee; appointment; term; duties. (1) The All-Terrain Vehicle Account Allocation Committee is established. The committee shall consist of seven voting members and four nonvoting members appointed by the State Parks and Recreation Commission for a term of four years. Members are eligible for reappointment and vacancies may be filled by the commission. Recommendations under subsection (4)(a) of this section on allocation of moneys in the All-Terrain Vehicle Account must receive an affirmative vote from at least four of the voting members of the committee.

(2) Of the voting members of the committee:

(a) Two shall be representatives of Class I all-terrain vehicle user organizations.

(b) One shall be a representative of a four wheel drive vehicle user organization.

(c) One shall be a representative of a dune buggy user organization.

(d) One shall be an all-terrain vehicle user.

(e) Two shall be representatives of Class III all-terrain vehicle user groups.

(3) Of the nonvoting members of the committee:

(a) One shall be a representative of the State Parks and Recreation Department.

(b) One shall be a representative of the United States Forest Service.

(c) One shall be a representative of the Bureau of Land Management.

(d) One shall be a representative of a snowmobile user organization.

(4) The committee shall:

(a) Advise the State Parks and Recreation Department on the allocation of moneys in the All-Terrain Vehicle Account established by ORS 390.555;

(b) Recommend, to managers of publicly and privately owned lands, trails and areas that may not be used by any Class II all-terrain vehicle that has not been issued an operating permit under ORS 390.580; and

(c) Advise the department on candidates for appointment to the committee.

(5) The department shall provide staff support for the committee and shall provide for expansion of programs for all-terrain vehicle users. [1999 c.977 §5]

390.570 Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class I all-terrain vehicle operator permit to any person who has taken a Class I all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class I all-terrain vehicle.

(2) The department shall adopt rules to provide for Class I all-terrain vehicle safety education courses and the issuance of Class I all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [1999 c.977 §6]

390.575 Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class III all-terrain vehicle operator permit to any person who has taken a Class III all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class III all-terrain vehicle.

(2) The department shall adopt rules to provide for Class III all-terrain vehicle safety education courses and the issuance of Class III all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [1999 c.977 §7]

390.580 All-terrain vehicle operating permit; rules; application; fees; renewal. (1)(a) An all-terrain vehicle off-road operating permit issued under this section is a decal that authorizes use of the all-terrain vehicle for which it is issued on trails and in areas designated for such use by the appropriate authority.

(b) An all-terrain vehicle decal issued under this section must be permanently affixed to the vehicle and displayed in a clearly visible manner. The State Parks and Recreation Department shall prescribe by rule the manner in which the decal shall be displayed.

(2) The department shall issue an all-terrain vehicle off-road operating permit to any person who completes the application described in subsection (4) of this section and pays the fee specified in subsection (5) of this section.

(3) The department shall specify by rule the form of the permit and the information to be contained on the permit.

(4) Application for an all-terrain vehicle off-road operating permit for a Class I, Class II or Class III all-terrain vehicle shall be in a form furnished by the department. The application shall include:

(a) The name and address of the owner of the all-terrain vehicle; and

(b) The make and body style of the all-terrain vehicle for which application is made.

(5) The department shall establish by rule a fee for a permit issued or renewed under this section. The fee shall be designed to cover the costs to the department for issuing or renewing permits under this section but shall not exceed $10.

(6) Permits issued under this section are valid for two years. A permit may be renewed upon submission of an application that contains the information specified in subsection (4) of this section and payment of the renewal fee specified in subsection (5) of this section.

(7) The department may appoint agents to issue permits for all-terrain vehicles. The department shall prescribe the procedure for the issuance of the permits. Agents appointed under this subsection shall issue permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed in this section for the permits. [1999 c.977 §8]

390.585 Rules. The State Parks and Recreation Department may adopt rules necessary for carrying out the duties imposed by ORS 390.550 to 390.590. [1999 c.977 §9]

390.590 Out-of-state all-terrain vehicle permit; qualifications; duration; application; fee. (1) An out-of-state all-terrain vehicle operating permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state an all-terrain vehicle that is owned by a resident of another state.

(2) The State Parks and Recreation Department shall establish a program for the issuance of out-of-state all-terrain vehicle permits under this section. The program established by the department shall comply with all of the following:

(a) A permit may only be issued for all-terrain vehicles owned by the resident of another state where registration is not required by law.

(b) A permit is valid for not more than two years.

(c) Application for a permit shall state the name and address of each owner.

(d) The fee for issuance of a permit shall be $10. [1999 c.977 §10]

OCEAN SHORES; STATE RECREATION AREAS

(General Provisions)

390.605 "Improvement," "ocean shore" and "state recreation area" defined. As used in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770, unless the context requires otherwise:

(1) "Improvement" includes filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land.

(2) "Ocean shore" means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. "Ocean shore" does not include an estuary as defined in ORS 196.800.

(3) "State recreation area" means a land or water area, or combination thereof, under the jurisdiction of the State Parks and Recreation Department used by the public for recreational purposes. [Formerly 274.065 and then 390.710; 1989 c.904 §23; 1999 c.373 §2]

390.610 Policy. (1) The Legislative Assembly hereby declares it is the public policy of the State of Oregon to forever preserve and maintain the sovereignty of the state heretofore legally existing over the ocean shore of the state from the Columbia River on the north to the Oregon-California line on the south so that the public may have the free and uninterrupted use thereof.

(2) The Legislative Assembly recognizes that over the years the public has made frequent and uninterrupted use of the ocean shore and recognizes, further, that where such use has been legally sufficient to create rights or easements in the public through dedication, prescription, grant or otherwise, that it is in the public interest to protect and preserve such public rights or easements as a permanent part of Oregon’s recreational resources.

(3) Accordingly, the Legislative Assembly hereby declares that all public rights or easements legally acquired in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon and shall be held and administered as state recreation areas.

(4) The Legislative Assembly further declares that it is in the public interest to do whatever is necessary to preserve and protect scenic and recreational use of Oregon’s ocean shore. [1967 c.601 §§1,2(1),(2),(3); 1969 c.601 §4]

390.615 Ownership of Pacific shore; declaration as state recreation area. Ownership of the shore of the Pacific Ocean between ordinary high tide and extreme low tide, and from the Oregon and Washington state line on the north to the Oregon and California state line on the south, excepting such portions as may have been disposed of by the state prior to July 5, 1947, is vested in the State of Oregon, and is declared to be a state recreation area. No portion of such ocean shore shall be alienated by any of the agencies of the state except as provided by law. [Formerly 274.070 and then 390.720]

390.620 Pacific shore not to be alienated; judicial confirmation. (1) No portion of the lands described by ORS 390.610 or any interest either therein now or hereafter acquired by the State of Oregon or any political subdivision thereof shall be alienated except as expressly provided by state law. The State Parks and Recreation Department and the State Land Board shall have concurrent jurisdiction to undertake appropriate court proceedings, when necessary, to protect, settle and confirm all such public rights and easements in the State of Oregon.

(2) No portion of the ocean shore declared a state recreation area by ORS 390.610 shall be alienated by any of the agencies of the state except as provided by law.

(3) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Land Board shall act with respect to the portion of the tidal submerged lands, as defined in ORS 274.705 (7), and the submersible lands, as defined in ORS 274.005 (8), that are situated within the ocean shore as it does with respect to other state-owned submerged and submersible lands within navigable waters of this state.

(4) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Parks and Recreation Department shall act with respect to such lands and interests as it does with respect to other lands and interests within state recreation areas. [1967 c.601 §§2(4),3; 1969 c.601 §5; 1973 c.364 §1]

390.630 Acquisition along ocean shore for state recreation areas or access. The State Parks and Recreation Department, in accordance with ORS 390.121, may acquire ownership of or interests in the ocean shore or lands abutting, adjacent or contiguous to the ocean shore as may be appropriate for state recreation areas or access to such areas where such lands are held in private ownership. However, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for such recreation areas or access where such lands are held in private ownership, the department shall consider the following:

(1) The availability of other public lands in the vicinity for such recreational use or access.

(2) The land uses, improvements, and density of development in the vicinity.

(3) Existing public recreation areas and accesses in the vicinity.

(4) Any local zoning or use restrictions affecting the area in question. [1967 c.601 §4; 1969 c.601 §6; 1989 c.904 §24]

390.632 Public access to coastal shorelands. (1) In order to further the policy established in ORS 390.610 and to preserve the right of public access to the ocean shore, the State Parks and Recreation Department shall coordinate with affected local governments to provide increased public access to the coastal shorelands.

(2) The State Parks and Recreation Department may:

(a) Ensure that beach access sites are posted for public use;

(b) Maintain parking and trash disposal facilities at beach access sites; and

(c) Maintain beach access sites in a safe and litter-free manner. [1999 c.872 §2]

(Regulating Use of Ocean Shore)

390.635 Jurisdiction of department over recreation areas. Except as provided by ORS 273.551, 274.710 and 390.620, the State Parks and Recreation Department has jurisdiction over the land and interests in land acquired under ORS 390.610, 390.615, 390.620 or 390.630 in order to carry out the purposes of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1969 c.601 §21; 1973 c.364 §2]

390.640 Permit required for improvements on ocean shore; exceptions. (1) In order to promote the public health, safety and welfare, to protect the state recreation areas recognized and declared by ORS 390.610 and 390.615, to protect the safety of the public using such areas, and to preserve values adjacent to and adjoining such areas, the natural beauty of the ocean shore and the public recreational benefit derived therefrom, it is necessary to control and regulate improvements on the ocean shore. Unless a permit therefor is granted as provided by ORS 390.650, no person shall make an improvement on any property that is within the ocean shore.

(2) This section does not apply to permits granted pursuant to ORS 390.715, or to rules adopted or permits granted under ORS 390.725.

(3) This section does not apply to continuous extensions of densely vegetated land areas that were, as of August 22, 1969, both seaward of the line established by ORS 390.770 and above the 16-foot contour. The elevation mentioned in this subsection refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.

(4) This section does not apply to the removal, filling or alteration of material on the ocean shore where those activities are regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended. [1967 c.601 §5; 1969 c.601 §7; 1973 c.642 §14; 1999 c.373 §3]

390.650 Improvement permit procedure; fee. (1) Any person who desires a permit to make an improvement on any property subject to ORS 390.640 shall apply in writing to the State Parks and Recreation Department on a form and in a manner prescribed by the department, stating the kind of and reason for the improvement.

(2) Upon receipt of a properly completed application, the State Parks and Recreation Department shall provide notice of the proposal by causing notice of the application to be posted at or near the location of the proposed improvement. The notice shall include the name of the applicant, a description of the proposed improvement and its location and a statement of the time within which interested persons may file a request with the department for a hearing on the application. The department shall give notice of any application, hearing or decision to any person who files a written request with the department for such notice.

(3) Within 30 days after the date of posting the notice required in subsection (2) of this section, the applicant or 10 or more other interested persons may file a written request with the State Parks and Recreation Department for a hearing on the application. If such a request is filed, the department shall set a time for a hearing to be held by the department. The department shall cause notice of the hearing to be posted in the manner provided in subsection (2) of this section. The notice shall include the time and place of the hearing. After the hearing on an application or, if a hearing is not requested, after the time for requesting a hearing has expired, the department shall grant the permit if approval would not be adverse to the public interest. ORS 183.310 to 183.550 does not apply to a hearing or decision under this section.

(4) In acting on an application, the State Parks and Recreation Department shall take into consideration the matters described by ORS 390.655. The department shall act on an application within 60 days after the date of receipt or, if a hearing is held, within 45 days after the date of the hearing.

(a) The decision of the department shall include written findings setting forth the specific reasons for the approval or denial and, if the application is approved, any conditions the department considers necessary to maintain the standards established under ORS 390.655.

(b) A copy of the written findings shall be furnished to the applicant at the time of approval or denial of the application by the department as provided in this subsection.

(5) Subsections (2) and (3) of this section do not apply to an application for a permit for the repair, replacement or restoration, in the same location, of an authorized improvement or improvement existing on or before May 1, 1967, if the repair, replacement or restoration is commenced within three years after the damage to or destruction of the improvement being repaired, replaced or restored occurs.

(6) The State Parks and Recreation Department may, upon application therefor, either written or oral, grant an emergency permit for a new improvement, dike, revetment, or for the repair, replacement or restoration of an existing, or authorized improvement where property or property boundaries are in imminent peril of being destroyed or damaged by action of the Pacific Ocean or the waters of any bay or river of this state. Said permit may be granted by the department without regard to the provisions of subsections (1), (2), (3), (4) and (5) of this section. Any emergency permit granted hereunder shall be reduced to writing by the department within 10 days after granting the same with a copy thereof furnished to the applicant.

(7) Each application under subsection (1) of this section shall be accompanied by a fee to cover, in part, the expenses of the department in investigating, reviewing and issuing the improvement permits. The application fee for each permit shall be:

(a) $400 for any project for which the construction value is less than $2,500.

(b) $400 for any project for which the construction value is equal to or greater than $2,500, plus an additional amount equal to three percent of the construction value over $2,500.

(8) Fees received under this section shall be deposited into a subaccount of the State Parks and Recreation Department Fund. Such fees are continuously appropriated to the department for the purpose of carrying out the ocean shore program.

(9) As used in this section, "construction value" includes but is not limited to the costs of labor and equipment rental. For a project involving only the movement of sand or similar material on the ocean shore, "construction value" shall equal the costs of labor, fees and equipment rental. [1967 c.601 §6; 1969 c.601 §10; 1979 c.186 §21; 1999 c.373 §4]

390.655 Standards for improvement permits. The State Parks and Recreation Department shall consider applications and issue permits under ORS 390.650 in accordance with standards designed to promote the public health, safety and welfare and carry out the policy of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. The standards shall be based on the following considerations, among others:

(1) The public need for healthful, safe, esthetic surroundings and conditions; the natural scenic, recreational and other resources of the area; and the present and prospective need for conservation and development of those resources.

(2) The physical characteristics or the changes in the physical characteristics of the area and suitability of the area for particular uses and improvements.

(3) The land uses, including public recreational use if any, and the improvements in the area, the trends in land uses and improvements, the density of development and the property values in the area.

(4) The need for recreation and other facilities and enterprises in the future development of the area and the need for access to particular sites in the area. [1969 c.601 §11; 1979 c.186 §22]

390.658 [1969 c.601 §12; 1979 c.186 §23; repealed by 1999 c.373 §5 (390.659 enacted in lieu of 390.658)]

390.659 Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal. (1) Any applicant whose application for a permit under ORS 390.650 has been denied or who objects to any condition imposed on the permit or any person aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of the permit or the imposition of the condition, request a hearing from the State Parks and Recreation Director.

(2) Upon receipt of a request for hearing from the applicant or if the director finds that the person other than the applicant making the request has a legally protected interest that is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The applicant shall be a party to any contested case hearing requested by a person other than the applicant.

(3) Within 45 days after the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482.

(4) A permit granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the improvement would cause irremediable damage and would be inconsistent with ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §6 (enacted in lieu of 390.658)]

390.660 Regulation of use of lands adjoining ocean shores. The State Parks and Recreation Department is hereby directed to protect, to maintain and to promulgate rules governing use of the public of property that is subject to ORS 390.640, property subject to public rights or easements declared by ORS 390.610 and property abutting, adjacent or contiguous to those lands described by ORS 390.615 that is available for public use, whether such public right or easement to use is obtained by dedication, prescription, grant, state-ownership, permission of a private owner or otherwise. [1967 c.601 §7; 1969 c.601 §16]

390.661 Improvement without permit or contrary to permit conditions as public nuisance. The improvement on any property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, is a public nuisance. [1999 c.373 §12]

390.663 Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police. (1) If the State Parks and Recreation Director determines that any improvement is being made on property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, the director may:

(a) Investigate, hold hearings, make orders and take action, as provided in ORS 390.620 to 390.676, as soon as possible.

(b) For the purpose of investigating conditions relating to such improvements, through the employees or the duly authorized representatives of the State Parks and Recreation Department, enter at reasonable times upon any private or public property.

(c) Conduct public hearings in accordance with ORS 183.310 to 183.550.

(d) Publish findings and recommendations as they are developed relative to public policies and procedures necessary for the correction of conditions or violations of ORS 390.620 to 390.676.

(e) Give notice of any proposed order relating to a violation by personal service or by mailing the notice by registered or certified mail to the person or governmental body affected. Any person aggrieved by a proposed order of the director may request a hearing within 20 days of the date of personal service or mailing of the notice. Hearings shall be conducted under the provisions of ORS 183.310 to 183.550 applicable to contested cases, and judicial review of final orders shall be conducted in the Court of Appeals according to ORS 183.482. If no hearing is requested or if the party fails to appear, a final order shall be issued upon a prima facie case on the record of the department.

(f) Take appropriate action for the enforcement of any rules or final orders. Any violation of ORS 390.620 to 390.676 or of any rule or final order of the director under ORS 390.620 to 390.676 may be enjoined in civil abatement proceedings brought in the name of the State of Oregon. In any such proceedings, the director may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. Proceedings brought by the director shall set forth, if applicable, the dates of notice and hearing and the specific rule or order of the director, together with the facts of noncompliance, the facts giving rise to the public nuisance and a statement of the damages to any public right of navigation, fishery or recreation, if any, resulting from such violation.

(2) In addition to the administrative action the director may take under subsection (1) of this section, the director may enter an order requiring any person to cease and desist from any violation if the director determines that such violation presents an imminent and substantial risk of injury, loss or damage to the ocean shore.

(3) An order under subsection (2) of this section:

(a) May be entered without prior notice or hearing.

(b) Shall be served upon the person by personal service or by registered or certified mail.

(c) Shall state that a hearing will be held on the order if a written request for hearing is filed by the person subject to the order within 10 days after receipt of the order.

(d) Shall not be stayed during the pendency of a hearing conducted under subsection (4) of this section.

(4) If a person subject to an order under subsection (2) of this section files a timely demand for hearing, the director shall hold a contested case hearing according to the applicable provisions of ORS 183.310 to 183.550. If the person fails to request a hearing, the order shall be entered as a final order upon prima facie case made on the record of the department.

(5) Neither the director nor any duly authorized representative of the department shall be liable for any damages a person may sustain as a result of a cease and desist order issued under subsection (2) of this section.

(6) The state and local police shall cooperate in the enforcement of any order issued under subsection (2) of this section and shall require no further authority or warrant in executing or enforcing such order. If any person fails to comply with an order issued under subsection (2) of this section, the circuit court of the county in which the violation occurred or is threatened shall compel compliance with the director’s order in the same manner as with an order of that court.

(7) As used in this section, "violation" means making an improvement on property within the ocean shore without a permit or in a manner contrary to the conditions set out in a permit issued under ORS 390.650. [1999 c.373 §13]

390.665 [Formerly 274.100 and then 390.740; repealed by 1971 c.743 §432]

390.666 Revocation, suspension or nonrenewal of improvement permit. If the State Parks and Recreation Director finds that a person or governmental body holding a permit issued under ORS 390.650 is making an improvement on property within the ocean shore contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after giving notice and opportunity for a hearing as provided in ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. [1999 c.373 §14]

390.668 [Formerly 274.090 and then 390.730; renumbered 390.678 in 1999]

390.669 Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public. (1) In addition to any enforcement action taken under ORS 390.663, civil proceedings to abate alleged public nuisances under ORS 390.661 may be instituted in the name of the State of Oregon upon relation of the State Parks and Recreation Director or by any person in the person’s name.

(2) Before beginning any action under subsection (1) of this section, a person other than the director shall provide to the director 60 days’ notice of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter.

(3) The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing public nuisance under ORS 390.661 creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding.

(4) The State Parks and Recreation Commission, the State Parks and Recreation Director and the employees or duly authorized representatives of the State Parks and Recreation Department shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section.

(5) A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute.

(6) In any action brought under this section, the plaintiff may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from an existing public nuisance under ORS 390.661. Any money received by the plaintiff under this subsection shall be deposited in an account of the State Parks and Recreation Department for use by the department in administering the ocean shore program. [1999 c.373 §15]

390.670 [1967 c.601 §8; 1969 c.601 §13; repealed by 1971 c.780 §7]

390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages. (1) If any person or governmental body, through negligence, violates ORS 390.640, the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(2) If any person or governmental body intentionally violates ORS 390.640, the director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 390.640.

(4) In any action brought under ORS 390.669, the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140, any costs and attorney fees so awarded to the director shall be deposited in an account of the State Parks and Recreation Department to offset the director’s expenses of bringing such action. [1999 c.373 §16]

390.674 Imposition of civil penalties. (1) Civil penalties under ORS 390.992 shall be imposed as provided in ORS 183.090.

(2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the State Parks and Recreation Director under this section may be joined by the director with any other action taken against the same person under ORS 390.995 (1).

(3) Any civil penalty recovered under this section shall be deposited into an account of the State Parks and Recreation Department for use by the department in administration of the ocean shore program. [1999 c.373 §10]

390.676 Schedule of civil penalties; factors to determine amount. (1) The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992.

(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules, orders and permits pertaining to waters of this state.

(c) The impact of the violation on public interests in navigation, fishery and recreation.

(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610.

(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 390.610. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1999 c.373 §11]

390.678 Motor vehicles and aircraft use regulated in certain zones; zone markers; proceedings to establish zones. (1) The State Parks and Recreation Department may establish zones on the ocean shore where travel by motor vehicles or landing of any aircraft except for an emergency shall be restricted or prohibited. After the establishment of a zone and the erection of signs or markers thereon, no such use shall be made of such areas except in conformity with the rules of the department.

(2) Proceedings to establish a zone:

(a) May be initiated by the department on its own motion; or

(b) Shall be initiated upon the request of 20 or more landowners or residents or upon request of the governing body of a county or city contiguous to the proposed zone.

(3) A zone shall not be established unless the department first holds a public hearing in the vicinity of the proposed zone. The department shall cause notice of the hearing to be given by publication, not less than seven days prior to the hearing, by at least one insertion in a newspaper of general circulation in the vicinity of the zone.

(4) Before establishing a zone, the department shall seek the approval of the local government whose lands are adjacent or contiguous to the proposed zone. [Formerly 390.668]

390.680 [1967 c.601 §9; 1969 c.601 §17; repealed by 1973 c.732 §5]

390.685 Effect of ORS 390.605, 390.615, 390.678 and 390.685. Nothing in ORS 390.605, 390.615, 390.678 and 390.685 is intended to repeal ORS 836.510 to 836.525. [Formerly 274.110 and then 390.750]

390.690 Title and rights of state unimpaired. Nothing in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be construed to relinquish, impair or limit the sovereign title or rights of the State of Oregon in the shores of the Pacific Ocean as the same may exist before or after July 6, 1967. [1967 c.601 §10]

(Special Permits)

390.705 Prohibition against placing certain conduits across recreation area and against removal of natural products. No person shall:

(1) Place any pipeline, cable line or other conduit across and under the state recreation areas described by ORS 390.635 or the submerged lands adjacent to the ocean shore, except as provided by ORS 390.715.

(2) Remove any natural product from the ocean shore, other than fish or wildlife, agates or souvenirs, except as provided by ORS 390.725. [1969 c.601 §20]

390.710 [Formerly 274.065; 1969 c.601 §2; renumbered 390.605]

390.715 Permits for pipe, cable or conduit across ocean shore and submerged lands. (1) The State Parks and Recreation Department may issue permits under ORS 390.650 to 390.659 for pipelines, cable lines and other conduits across and under the ocean shore and the submerged lands adjacent to the ocean shore, upon payment of just compensation by the permittee. Such permit is not a sale or lease of tide and overflow lands within the scope of ORS 274.040.

(2) Whenever the issuance of a permit under subsection (1) hereof will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of such permit until such time as the permittee shall have obtained an easement, license or other written authorization from the private owner, which easement, license or other written authority must meet the approval of the State Parks and Recreation Department, except as to the compensation to be paid to the private owner.

(3) All permits issued under this section are subject to conditions that will assure safety of the public and the preservation of economic, scenic and recreational values and to rules promulgated by state agencies having jurisdiction over the activities of the grantee or permittee. [1969 c.601 §22]

390.720 [Formerly 274.070; renumbered 390.615]

390.725 Permits for removal of products along ocean shore. (1) Removal of natural products such as fish or wildlife, agates or small amounts of driftwood from a state recreation area as defined in ORS 390.605 for personal, noncommercial use is not subject to the provisions of ORS 390.650.

(2) The collection of natural products for the purpose of trade, sale or resale shall be subject to the permit provisions and standards of ORS 390.650 and 390.655. Permits shall provide for the payment of just compensation by the permittee as provided by rule adopted under subsection (4) of this section.

(3) No archaeological object associated with an archaeological site, as those terms are defined in ORS 358.905, shall be removed from the ocean shore except as provided in ORS 358.920 and 390.235.

(4) Rules or permits shall be made or granted by the State Parks and Recreation Department only after consultation with the State Fish and Wildlife Commission, the State Department of Geology and Mineral Industries and the Division of State Lands. Rules and permits shall contain provisions necessary to protect the areas from any use, activity or practice inimicable to the conservation of natural resources or public recreation.

(5) The terms, royalty and duration of a permit under this section are at the discretion of the department. A permit is revocable at any time in the discretion of the department without liability to the permittee.

(6) Whenever the issuance of a permit under this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of such permit until such time as the permittee shall have obtained an easement, license or other written authorization from the private owner, which easement, license or other written authority must meet the approval of the department, except as to the compensation to be paid to the private owner. [1969 c.601 §23; 1999 c.373 §7]

390.730 [Formerly 274.090; 1969 c.601 §18; renumbered 390.668]

390.735 [1969 c.601 §25; repealed by 1973 c.642 §13]

390.740 [Formerly 274.100; renumbered 390.665]

390.750 [Formerly 274.110; 1969 c.601 §19; renumbered 390.685]

(Vegetation Line)

390.755 Periodic reexamination of vegetation line; department recommendations for adjustment. (1) The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be preserved.

(2) The State Parks and Recreation Department may, from time to time, recommend to the Legislative Assembly adjustment of the line described in ORS 390.770. [1969 c.601 §27; 1979 c.186 §24]

390.760 Exceptions from vegetation line. ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS 390.770. The elevation mentioned in this section refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.

Point Designation Point Designation

and Number and Number

From To From To

Cl-7-6 Cl-7-7 Cl-7-55 Cl-7-56

Cl-7-10 Cl-7-11 Cl-7-76 Cl-7-77

Cl-7-13 Cl-7-14 Cl-7-115 Cl-7-116

Cl-7-52 Cl-7-53 Cl-7-134 Cl-7-135

Ti-7-3 Ti-7-4 La-7-72 La-7-73

Ti-7-6 Ti-7-7 La-7-87 La-7-88

Ti-7-18 Ti-7-19 Do-8-78 Do-8-79

Ti-7-33 Ti-7-34 Co-7-82 Co-7-83

Ti-7-83 Ti-7-84 Co-7-111 Co-7-112

Ti-7-88 Ti-7-89 Co-7-146 Co-7-147

Ti-7-94 Ti-7-95 Co-7-178 Co-7-179

Ti-7-99 Ti-7-100 Co-7-200 Co-7-201

Ti-7-113 Ti-7-114 Co-7-229 Co-7-230

Ti-7-168 Ti-7-169 Cu-7-25 Cu-7-26

Ti-7-183 Ti-7-184 Cu-7-54 Cu-7-55

Ti-7-249 Ti-7-250 Cu-7-155 Cu-7-156

Li-7-2A Li-7-3 Cu-7-167 Cu-7-167A

Li-7-10 Li-7-11 Cu-7-167E Cu-7-168

Li-7-17 Li-7-18 Cu-7-174 Cu-7-175

Li-7-73 Li-7-74 Cu-7-196 Cu-7-197

Li-7-118 Li-7-119 Cu-7-201 Cu-7-202

Li-7-150 Li-7-151 Cu-7-219 Cu-7-220

Li-7-154 Li-7-155 Cu-7-225 Cu-7-226

Li-7-161 Li-7-162 Cu-7-236 Cu-7-237

Li-7-165 Li-7-166 Cu-7-258 Cu-7-259

Li-7-167A Li-7-168 Cu-7-268 Cu-7-269

Li-7-170 Li-7-171 Cu-7-288 Cu-7-289

Li-7-176 Li-7-177 Cu-7-310 Cu-7-311

Li-7-182 Li-7-183 Cu-7-314 Cu-7-315

Li-7-215 Li-7-216 Cu-7-363 Cu-7-364

Li-7-269 Li-7-270 Cu-7-382 Cu-7-383

Li-7-293 Li-7-294 Cu-7-393 Cu-7-394

Li-7-296 Li-7-297 Cu-7-400 Cu-7-401

Li-7-314 Li-7-315 Cu-7-440 Cu-7-441

Li-7-325 Li-7-326 Cu-7-451 Cu-7-452

Li-7-357 Li-7-358 Cu-7-459 Cu-7-460

Li-7-377 Li-7-378 Cu-7-493 Cu-7-494

Li-7-439 La-7-1 Cu-7-513 Cu-7-514

La-7-9 La-7-10 Cu-7-516 Cu-7-517

La-7-19 La-7-20 Cu-7-538 Cu-7-539

La-7-44 La-7-45 Cu-7-557 Cu-7-558

[1969 c.601 §9]

390.770 Vegetation line described. Except for the areas described by ORS 390.760, ORS 390.640 applies to all the land located along the Pacific Ocean between the Columbia River and the Oregon-California boundary between extreme low tide and the lines of vegetation as established and described according to the Oregon Coordinate System, as defined by ORS 93.330, as follows:

Beginning near the south jetty of the Columbia River in section 35 of township 9 north, range 11 west of the Willamette Meridian in Clatsop County, Oregon, at a point on the Oregon Coordinate System, north zone, located at y-coordinate 951,840 and x-coordinate 1,112,374, hereby designated point number Cl-7-1; thence from point number Cl-7-1 southerly along the Pacific Coast by a series of straight lines connecting the following designated, numbered and described points in consecutive order to the Oregon-California boundary line near the section line between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California, at a point on the Oregon Coordinate System, south zone, located at y-coordinate 143,339 and x-coordinate 991,832, hereby designated point number Cu-7-634.

Oregon Coordinate System,

Cl-7-1 951,840 1,112,374

Cl-7-2 951,448 1,112,500

Cl-7-3 951,011 1,112,297

Cl-7-4 950,883 1,112,300

Cl-7-5 950,172 1,112,573

Cl-7-6 947,537 1,113,734

Description of Location of Point Number Cl-7-6: A point near the north boundary of Fort Stevens State Park located in section 1 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-7 938,451 1,117,616

Description of Location of Point Number Cl-7-7: A point near the south boundary of Fort Stevens State Park located in section 12 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-8 938,232 1,117,707

Cl-7-9 936,446 1,118,379

Cl-7-10 934,923 1,118,944

Description of Location of Point Number Cl-7-10: A point near the north boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-11 934,462 1,119,114

Description of Location of Point Number Cl-7-11: A point near the south boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-12 928,335 1,121,309

Cl-7-13 924,266 1,122,688

Description of Location of Point Number Cl-7-13: A point near the north boundary of Camp Rilea located in section 30 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14 907,691 1,127,287

Description of Location of Point Number Cl-7-14: A point near the south boundary of Camp Rilea near the section line between sections 8 and 9 of township 7 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14A 907,381 1,127,433

Cl-7-14B 907,016 1,127,370

Cl-7-14C 906,835 1,127,526

Cl-7-15 905,439 1,127,761

Cl-7-16 904,776 1,127,962

Cl-7-17 903,245 1,128,184

Cl-7-18 902,731 1,128,287

Cl-7-19 901,368 1,128,474

Cl-7-20 898,590 1,128,920

Cl-7-21 896,168 1,129,206

Cl-7-22 890,480 1,129,617

Cl-7-23 887,910 1,129,729

Cl-7-24 886,521 1,129,795

Cl-7-25 884,198 1,129,862

Cl-7-26 881,377 1,129,860

Cl-7-26A 880,815 1,129,949

Cl-7-27 880,455 1,129,849

Cl-7-28 875,597 1,129,783

Cl-7-29 875,155 1,129,814

Cl-7-30 874,962 1,129,941

Cl-7-31 874,833 1,130,075

Cl-7-32 874,742 1,130,275

Cl-7-33 871,379 1,129,723

Cl-7-34 870,596 1,129,609

Cl-7-35 869,710 1,129,493

Cl-7-36 869,355 1,129,382

Cl-7-37 868,555 1,129,147

Cl-7-38 866,858 1,128,737

Cl-7-38A 866,773 1,128,608

Cl-7-39 866,671 1,128,687

Cl-7-39A 865,842 1,128,515

Cl-7-39B 865,648 1,128,349

Cl-7-40 864,302 1,128,029

Cl-7-41 861,388 1,127,089

Cl-7-42 860,891 1,126,818

Cl-7-43 860,700 1,126,612

Cl-7-44 860,343 1,125,571

Cl-7-45 860,321 1,125,395

Cl-7-46 860,345 1,125,062

Cl-7-47 860,402 1,124,721

Cl-7-48 860,470 1,123,656

Cl-7-49 860,541 1,122,956

Cl-7-50 860,092 1,121,701

Cl-7-51 859,879 1,120,816

Cl-7-52 859,663 1,120,509

Description of Location of Point Number Cl-7-52: A point about one mile southwest of the City of Seaside near the north boundary of Ecola State Park near the section line between sections 29 and 30 of township 6 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-53 837,531 1,117,635

Description of Location of Point Number Cl-7-53: A point on the south side of Tillamook Head near the south boundary of Ecola State Park and near the section line between sections 18 and 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-54 836,827 1,117,747

Cl-7-55 836,688 1,117,698

Description of Location of Point Number Cl-7-55: A point near the north end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-56 836,403 1,118,094

Description of Location of Point Number Cl-7-56: A point near the southerly end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-57 836,120 1,118,264

Cl-7-58 835,661 1,118,331

Cl-7-59 834,401 1,118,606

Cl-7-60 834,031 1,118,861

Cl-7-61 833,909 1,119,099

Cl-7-61A 834,060 1,119,301

Cl-7-61B 833,170 1,119,289

Cl-7-61C 832,879 1,119,119

Cl-7-62 832,264 1,118,827

Cl-7-63 832,218 1,118,765

Cl-7-64 832,149 1,118,742

Cl-7-65 829,701 1,118,589

Cl-7-66 829,700 1,118,517

Cl-7-67 829,402 1,118,489

Cl-7-68 829,269 1,118,565

Cl-7-69 827,556 1,118,329

Cl-7-70 827,311 1,118,328

Cl-7-71 826,952 1,118,395

Cl-7-72 826,854 1,118,402

Cl-7-73 826,694 1,118,493

Cl-7-73A 826,041 1,118,595

Cl-7-74 825,540 1,118,654

Cl-7-74A 825,033 1,118,704

Cl-7-75 824,406 1,118,749

Cl-7-75A 823,916 1,118,765

Cl-7-76 823,394 1,118,783

Description of Location of Point Number Cl-7-76: A point near the north boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-77 823,162 1,118,834

Description of Location of Point Number Cl-7-77: A point near the south boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-78 823,122 1,118,777

Cl-7-79 821,713 1,118,737

Cl-7-80 820,798 1,118,662

Cl-7-81 820,616 1,118,628

Cl-7-82 819,990 1,118,570

Cl-7-83 818,487 1,118,346

Cl-7-84 818,253 1,118,281

Cl-7-85 818,178 1,118,235

Cl-7-86 818,148 1,118,247

Cl-7-87 817,898 1,118,169

Cl-7-88 817,684 1,118,011

Cl-7-89 817,465 1,117,948

Cl-7-90 817,171 1,118,071

Cl-7-91 815,636 1,118,331

Cl-7-92 815,260 1,118,392

Cl-7-93 814,848 1,118,435

Cl-7-94 814,409 1,118,513

Cl-7-94A 814,169 1,118,279

Cl-7-95 814,083 1,118,612

Cl-7-96 813,912 1,118,660

Cl-7-97 812,767 1,118,680

Cl-7-98 811,143 1,118,543

Cl-7-99 810,457 1,118,473

Cl-7-100 809,795 1,118,455

Cl-7-101 809,529 1,118,398

Cl-7-102 809,522 1,118,298

Cl-7-103 809,366 1,118,376

Cl-7-104 809,342 1,118,314

Cl-7-105 809,254 1,118,366

Cl-7-106 808,991 1,118,326

Cl-7-107 808,579 1,118,341

Cl-7-108 808,559 1,118,262

Cl-7-109 808,368 1,118,263

Cl-7-110 808,288 1,118,189

Cl-7-111 808,212 1,118,226

Cl-7-112 808,168 1,118,031

Cl-7-112A 808,319 1,117,849

Cl-7-112B 808,236 1,117,789

Cl-7-112C 808,036 1,117,904

Cl-7-112D 808,021 1,118,029

Cl-7-113 807,723 1,117,985

Cl-7-114 807,577 1,118,182

Cl-7-114A 807,492 1,118,167

Cl-7-114B 807,302 1,117,900

Cl-7-114C 807,197 1,117,960

Cl-7-114D 807,246 1,118,131

Cl-7-115 806,972 1,118,108

Description of Location of Point Number Cl-7-115: A point near the north boundary of Hug Point Park located in section 18 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-116 806,841 1,118,094

A point near the south boundary of Hug Point Park located

near the section line between sections 18 and 19 of

township 4 north, range 10 west of the Willamette Meridian

in Clatsop County.

Cl-7-117 806,272 1,118,031

Cl-7-118 806,178 1,117,848

Cl-7-118A 806,026 1,117,849

Cl-7-119 805,789 1,118,058

Cl-7-120 805,431 1,117,949

Cl-7-120A 805,367 1,117,779

Cl-7-121 805,296 1,117,776

Cl-7-122 805,158 1,117,930

Cl-7-123 805,092 1,117,892

Cl-7-124 802,212 1,117,559

Cl-7-125 802,079 1,117,577

Cl-7-126 801,380 1,117,374

Cl-7-127 801,289 1,117,358

Cl-7-128 801,274 1,117,370

Cl-7-129 799,987 1,117,070

Cl-7-130 798,430 1,116,632

Cl-7-131 797,966 1,116,576

Cl-7-132 797,940 1,116,740

Cl-7-133 797,778 1,116,650

Cl-7-134 797,699 1,116,278

Description of Location of Point Number Cl-7-134: A point at the north end of the headlands at Arch Cape located near the section line between section 25 of township 4 north, range 11 west of the Willamette Meridian and section 30 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-135 795,909 1,116,145

Description of Location of Point Number Cl-7-135: A point near the south boundary of Oswald West State Park located near the section corner common to sections 25 and 36 of township 4 north, range 11 west of the Willamette Meridian and sections 30 and 31 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-136 794,385 1,115,979

Cl-7-137 793,087 1,115,939

Cl-7-138 792,118 1,115,833

Cl-7-139 790,613 1,115,650

Description of Location of Point Number Cl-7-139: A point near the Clatsop-Tillamook county line.

Ti-7-1 790,200 1,115,606

Ti-7-2 789,633 1,115,579

Ti-7-3 789,412 1,115,471

Description of Location of Point Number Ti-7-3: A point at the south end of Cove Beach at the north end of the headlands on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4 788,172 1,114,325

Description of Location of Point Number Ti-7-4: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4A 787,945 1,114,326

Ti-7-5 787,735 1,114,247

Ti-7-6 787,429 1,113,987

Description of Location of Point Number Ti-7-6: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-7 774,737 1,118,436

Description of Location of Point Number Ti-7-7: A point near the south boundary of Oswald West State Park located near the section line between sections 18 and 19 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-7A 774,503 1,118,717

Ti-7-8 774,092 1,119,050

Ti-7-8A 773,444 1,119,807

Ti-7-9 773,224 1,120,065

Ti-7-10 772,706 1,120,476

Ti-7-11 771,558 1,121,062

Ti-7-12 770,506 1,121,228

Ti-7-13 769,862 1,121,397

Ti-7-14 766,603 1,121,776

Ti-7-15 764,859 1,121,874

Ti-7-16 763,268 1,121,881

Ti-7-17 762,624 1,121,940

Ti-7-18 761,335 1,121,889

Description of Location of Point Number Ti-7-18: A point near the north boundary of Nehalem Bay Park located in section 32 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19 745,172 1,122,047

Description of Location of Point Number Ti-7-19: A point near the south boundary of Nehalem Bay Park near the south end of Nehalem Bay sand spit located in section 17 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19A 743,930 1,122,166

Ti-7-20 743,294 1,121,234

Ti-7-21 742,843 1,120,931

Ti-7-22 742,511 1,120,795

Ti-7-23 737,706 1,120,158

Ti-7-24 737,364 1,120,200

Ti-7-25 737,006 1,120,377

Ti-7-26 736,659 1,120,284

Ti-7-27 736,605 1,120,194

Ti-7-28 736,195 1,119,992

Ti-7-29 735,826 1,119,914

Ti-7-30 732,728 1,119,396

Ti-7-31 730,623 1,119,099

Ti-7-32 729,193 1,118,966

Ti-7-32A 728,795 1,119,058

Ti-7-33 728,495 1,119,026

Description of Location of Point Number Ti-7-33: A point near the north boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-34 728,315 1,118,986

Description of Location of Point Number Ti-7-34: A point near the south boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-35 728,102 1,118,837

Ti-7-36 727,685 1,118,765

Ti-7-37 727,585 1,118,689

Ti-7-38 726,959 1,118,586

Ti-7-39 726,532 1,118,711

Ti-7-40 725,838 1,118,610

Ti-7-41 725,699 1,118,588

Ti-7-42 725,611 1,118,578

Ti-7-43 725,148 1,118,201

Ti-7-44 724,087 1,117,923

Ti-7-45 723,843 1,117,852

Ti-7-46 723,687 1,117,804

Ti-7-47 723,393 1,117,689

Ti-7-48 722,609 1,117,479

Ti-7-49 721,882 1,117,853

Ti-7-50 721,363 1,117,492

Ti-7-51 720,771 1,117,726

Ti-7-51A 720,313 1,117,712

Ti-7-52 719,839 1,117,130

Ti-7-53 717,383 1,116,446

Ti-7-54 716,779 1,116,324

Ti-7-55 715,094 1,115,787

Ti-7-56 714,694 1,115,710

Ti-7-57 713,732 1,115,426

Ti-7-58 713,010 1,115,320

Ti-7-59 706,624 1,117,487

Ti-7-60 706,305 1,117,368

Ti-7-61 705,591 1,117,212

Ti-7-62 702,813 1,116,623

Ti-7-63 701,988 1,116,474

Ti-7-64 700,758 1,116,213

Ti-7-65 700,641 1,116,216

Ti-7-66 698,359 1,115,831

Ti-7-67 698,018 1,115,766

Ti-7-68 697,730 1,115,742

Ti-7-69 695,285 1,115,488

Ti-7-70 694,014 1,115,269

Ti-7-71 693,995 1,115,417

Ti-7-72 693,046 1,115,096

Ti-7-73 691,876 1,114,912

Ti-7-74 691,096 1,114,625

Ti-7-75 689,408 1,114,216

Ti-7-76 689,446 1,114,088

Ti-7-77 689,181 1,113,946

Ti-7-78 688,875 1,113,877

Ti-7-78A 688,251 1,113,654

Ti-7-78B 688,240 1,113,576

Ti-7-79 688,088 1,113,584

Ti-7-80 688,103 1,113,499

Ti-7-81 686,504 1,112,939

Ti-7-82 686,060 1,112,666

Ti-7-83 685,568 1,112,260

Description of Location of Point Number Ti-7-83: A point near the north end of the headlands on the north side of Cape Meares located in section 7 of township 1 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-84 679,993 1,110,563

Description of Location of Point Number Ti-7-84: A point near the south boundary of Cape Meares Park and near the section line located between sections 13 and 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-85 679,740 1,110,651

Ti-7-86 679,286 1,110,648

Ti-7-87 677,505 1,110,400

Ti-7-88 677,287 1,110,279

Description of Location of Point Number Ti-7-88: A point near the north end of the headlands at the south end of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-89 676,698 1,110,158

Description of Location of Point Number Ti-7-89: A point near the south end of the headlands south of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-90 676,630 1,110,189

Ti-7-91 676,425 1,110,168

Ti-7-92 676,188 1,110,063

Ti-7-93 675,777 1,109,741

Ti-7-94 675,643 1,109,518

Description of Location of Point Number Ti-7-94: A point near the north end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-95 675,616 1,109,371

Description of Location of Point Number Ti-7-95: A point near the south end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-96 675,441 1,109,359

Ti-7-97 675,010 1,109,250

Ti-7-98 674,787 1,109,383

Ti-7-99 673,979 1,109,562

Description of Location of Point Number Ti-7-99: A point near the north end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-100 673,842 1,109,669

Description of Location of Point Number Ti-7-100: A point near the south end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-101 673,809 1,109,771

Ti-7-102 673,653 1,109,909

Ti-7-103 673,071 1,110,205

Ti-7-104 672,307 1,110,537

Ti-7-105 671,227 1,110,895

Ti-7-106 670,370 1,111,117

Ti-7-107 670,090 1,111,168

Ti-7-108 669,605 1,111,341

Ti-7-109 668,224 1,111,600

Ti-7-110 667,215 1,112,239

Ti-7-111 666,578 1,112,749

Ti-7-112 666,252 1,112,937

Ti-7-112A 665,808 1,113,364

Ti-7-112B 665,466 1,113,850

Ti-7-113 662,710 1,113,335

Description of Location of Point Number Ti-7-113: A point near the north end of the Netarts Bay sand spit located in section 6 of township 2 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-114 628,256 1,107,235

Description of Location of Point Number Ti-7-114: A point near the south end of the headlands on the south side of Cape Lookout located in section 1 of township 3 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-115 628,048 1,107,599

Ti-7-116 627,769 1,107,736

Ti-7-117 623,918 1,108,889

Ti-7-118 623,459 1,108,997

Ti-7-119 622,032 1,109,287

Ti-7-120 621,511 1,109,345

Ti-7-121 620,938 1,109,441

Ti-7-122 619,547 1,109,539

Ti-7-123 618,468 1,109,563

Ti-7-124 617,144 1,109,557

Ti-7-125 616,033 1,109,533

Ti-7-126 615,652 1,109,506

Ti-7-127 613,316 1,109,441

Ti-7-128 611,375 1,109,312

Ti-7-129 611,076 1,109,287

Ti-7-130 610,497 1,109,309

Ti-7-131 610,236 1,109,255

Ti-7-132 608,446 1,109,185

Ti-7-133 607,963 1,109,235

Ti-7-134 607,726 1,109,270

Ti-7-135 607,570 1,109,326

Ti-7-136 607,363 1,109,441

Ti-7-137 607,271 1,109,574

Ti-7-138 607,215 1,109,756

Ti-7-138A 606,590 1,110,203

Ti-7-138B 605,488 1,110,094

Ti-7-139 605,446 1,109,729

Ti-7-140 605,357 1,109,499

Ti-7-141 604,728 1,108,965

Ti-7-142 603,187 1,108,572

Ti-7-143 601,827 1,108,353

Ti-7-144 601,528 1,108,275

Ti-7-145 600,384 1,108,160

Ti-7-146 597,511 1,107,747

Ti-7-147 596,001 1,107,589

Ti-7-148 595,439 1,107,538

Ti-7-149 595,111 1,107,567

Ti-7-150 594,576 1,107,360

Ti-7-151 593,266 1,107,033

Ti-7-152 592,923 1,106,907

Ti-7-153 592,375 1,106,812

Ti-7-154 592,043 1,106,723

Ti-7-155 591,495 1,106,642

Ti-7-156 591,069 1,106,555

Ti-7-157 590,917 1,106,452

Ti-7-158 590,692 1,106,577

Ti-7-159 589,950 1,106,387

Ti-7-160 589,555 1,106,357

Ti-7-161 589,508 1,106,294

Ti-7-162 588,511 1,106,271

Ti-7-163 588,166 1,106,184

Ti-7-164 587,443 1,105,946

Ti-7-165 586,940 1,105,880

Ti-7-166 586,541 1,105,690

Ti-7-167 586,307 1,105,425

Ti-7-168 586,275 1,105,303

Description of Location of Point Number Ti-7-168: A point near the north end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-169 584,879 1,105,024

Description of Location of Point Number Ti-7-169: A point near the south end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-170 584,943 1,105,176

Ti-7-171 584,920 1,105,306

Ti-7-172 584,785 1,105,489

Ti-7-173 584,486 1,105,725

Ti-7-174 584,067 1,105,949

Ti-7-175 583,794 1,106,060

Ti-7-176 582,447 1,106,291

Ti-7-177 581,986 1,106,320

Ti-7-178 580,712 1,106,517

Ti-7-179 579,529 1,106,630

Ti-7-180 578,628 1,106,654

Ti-7-181 577,896 1,106,615

Ti-7-182 577,310 1,106,645

Ti-7-183 576,545 1,106,588

Description of Location of Point Number Ti-7-183: A point near the north boundary of the Nestucca Spit Park located in section 25 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-184 563,870 1,105,586

Description of Location of Point Number Ti-7-184: A point near the south end of the Nestucca Bay sand spit located in section 1 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-185 563,121 1,105,422

Ti-7-186 562,775 1,105,342

Ti-7-187 562,449 1,104,966

Ti-7-188 562,278 1,104,854

Ti-7-189 561,494 1,104,672

Ti-7-190 561,308 1,104,578

Ti-7-191 560,941 1,104,548

Ti-7-192 560,790 1,104,497

Ti-7-193 560,754 1,104,397

Ti-7-194 560,593 1,104,376

Ti-7-195 560,372 1,104,290

Ti-7-196 560,241 1,104,283

Ti-7-197 560,241 1,104,363

Ti-7-198 560,165 1,104,416

Ti-7-199 559,565 1,104,234

Ti-7-200 558,914 1,104,283

Ti-7-201 558,132 1,104,133

Ti-7-202 557,720 1,104,136

Ti-7-203 557,416 1,104,200

Ti-7-204 557,271 1,104,163

Ti-7-205 557,145 1,104,234

Ti-7-206 556,767 1,104,137

Ti-7-207 556,598 1,103,953

Ti-7-208 556,495 1,103,660

Ti-7-209 556,206 1,103,587

Ti-7-210 555,796 1,103,647

Ti-7-210A 555,558 1,103,839

Ti-7-210B 555,399 1,103,485

Ti-7-211 555,268 1,103,430

Ti-7-212 555,080 1,103,479

Ti-7-213 554,132 1,103,160

Ti-7-214 553,822 1,103,024

Ti-7-215 552,907 1,103,002

Ti-7-216 552,509 1,102,822

Ti-7-217 552,330 1,102,906

Ti-7-218 552,144 1,102,790

Ti-7-219 551,268 1,102,583

Ti-7-220 550,789 1,102,443

Ti-7-221 550,365 1,102,446

Ti-7-222 550,132 1,102,342

Ti-7-223 549,616 1,102,223

Ti-7-224 549,021 1,102,086

Ti-7-225 548,515 1,102,174

Ti-7-226 548,045 1,101,928

Ti-7-227 547,650 1,101,841

Ti-7-228 547,137 1,101,762

Ti-7-229 546,721 1,101,592

Ti-7-230 546,598 1,101,590

Ti-7-231 546,179 1,101,457

Ti-7-232 545,927 1,101,496

Ti-7-233 545,736 1,101,282

Ti-7-234 545,227 1,101,182

Ti-7-234A 544,521 1,100,882

Ti-7-235 544,030 1,100,781

Ti-7-236 543,486 1,100,741

Ti-7-237 543,049 1,100,540

Ti-7-238 542,679 1,100,713

Ti-7-239 542,576 1,100,809

Ti-7-239A 542,571 1,100,910

Ti-7-239B 542,633 1,100,971

Ti-7-239C 542,222 1,101,135

Ti-7-240 541,526 1,100,550

Ti-7-241 541,447 1,100,496

Ti-7-242 541,422 1,100,430

Ti-7-243 540,945 1,100,110

Ti-7-244 540,457 1,100,012

Ti-7-245 540,099 1,099,832

Ti-7-246 539,845 1,099,625

Ti-7-247 539,847 1,099,586

Ti-7-248 539,744 1,099,482

Ti-7-249 539,703 1,099,466

Description of Location of Point Number Ti-7-249: A point near the north end of the headlands on the north side of Cascade Head located in section 35 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250 523,326 1,094,861

Description of Location of Point Number Ti-7-250: A point near the east end of the headlands on the south side of Cascade Head located in section 14 of township 6 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250A 522,807 1,095,300

Ti-7-250B 522,247 1,095,417

Ti-7-251 522,189 1,095,089

Ti-7-252 521,960 1,094,886

Li-7-1 521,877 1,094,819

Description of Location of Point Number Li-7-1: A point near the Tillamook-Lincoln county line.

Li-7-2 519,691 1,094,773

Li-7-2A 519,502 1,094,647

Description of Location of Point Number Li-7-2A: A point near the north end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-3 519,537 1,094,519

Description of Location of Point Number Li-7-3: A point near the southwest end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-4 519,263 1,094,410

Li-7-5 519,133 1,094,540

Li-7-6 518,997 1,094,408

Li-7-7 518,796 1,094,379

Li-7-8 518,587 1,094,221

Li-7-9 518,396 1,093,880

Li-7-10 518,408 1,093,725

Description of Location of Point Number Li-7-10: A point near the north end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-11 518,136 1,093,626

Description of Location of Point Number Li-7-11: A point near the south end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-12 518,059 1,093,671

Li-7-13 517,822 1,093,636

Li-7-14 517,635 1,093,559

Li-7-15 517,461 1,093,343

Li-7-16 517,415 1,093,152

Li-7-17 517,434 1,092,979

Description of Location of Point Number Li-7-17: A point near the north end of the headlands north of the Town of Road’s End located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-18 515,292 1,092,596

Description of Location of Point Number Li-7-18: A point near the south end of the headlands north of the Town of Road’s End located in section 27 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-19 515,261 1,092,731

Li-7-20 515,117 1,092,921

Li-7-21 515,021 1,093,010

Li-7-22 514,830 1,093,127

Li-7-23 514,602 1,093,209

Li-7-24 514,370 1,093,270

Li-7-25 514,191 1,093,279

Li-7-26 513,830 1,093,339

Li-7-27 513,491 1,093,357

Li-7-28 512,314 1,093,322

Li-7-29 512,224 1,093,336

Li-7-30 510,514 1,093,245

Li-7-31 509,812 1,093,179

Li-7-32 509,682 1,093,143

Li-7-33 509,435 1,093,101

Li-7-34 509,375 1,093,122

Li-7-35 509,069 1,093,034

Li-7-36 508,017 1,092,828

Li-7-37 506,696 1,092,542

Li-7-38 504,869 1,092,195

Li-7-39 504,734 1,092,146

Li-7-40 504,400 1,092,088

Li-7-41 504,271 1,092,007

Li-7-42 504,166 1,091,988

Li-7-43 504,008 1,092,005

Li-7-44 503,674 1,091,912

Li-7-45 503,312 1,091,872

Li-7-46 503,204 1,091,869

Li-7-47 502,847 1,091,774

Li-7-48 502,714 1,091,763

Li-7-49 502,386 1,091,756

Li-7-50 502,225 1,091,693

Li-7-51 502,143 1,091,693

Li-7-52 502,088 1,091,657

Li-7-53 501,988 1,091,631

Li-7-54 501,944 1,091,624

Li-7-55 501,722 1,091,592

Li-7-56 501,588 1,091,528

Li-7-57 501,497 1,091,503

Li-7-58 501,390 1,091,497

Li-7-59 501,365 1,091,486

Li-7-60 501,321 1,091,474

Li-7-61 501,298 1,091,463

Li-7-62 500,850 1,091,391

Li-7-63 500,718 1,091,411

Li-7-64 499,879 1,091,274

Li-7-65 499,385 1,091,157

Li-7-66 498,670 1,091,061

Li-7-67 497,823 1,090,866

Li-7-68 497,233 1,090,690

Li-7-69 496,422 1,090,594

Li-7-70 495,945 1,090,488

Li-7-71 494,473 1,090,275

Li-7-72 494,420 1,090,363

Li-7-73 494,284 1,090,309

Description of Location of Point Number Li-7-73: A point near the north boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-74 493,843 1,090,125

Description of Location of Point Number Li-7-74: A point near the south boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-75 493,814 1,090,060

Li-7-76 492,402 1,089,616

Li-7-77 491,260 1,089,342

Li-7-78 491,166 1,089,322

Li-7-79 490,870 1,089,247

Li-7-80 489,928 1,089,005

Li-7-81 489,620 1,088,961

Li-7-82 488,669 1,088,949

Li-7-82A 488,637 1,088,889

Li-7-83 488,075 1,088,663

Li-7-84 487,626 1,088,428

Li-7-85 486,116 1,088,374

Li-7-86 485,659 1,088,303

Li-7-87 485,091 1,088,202

Li-7-88 484,395 1,088,116

Li-7-89 484,358 1,088,149

Li-7-90 484,251 1,088,115

Li-7-91 483,284 1,087,949

Li-7-92 482,954 1,087,979

Li-7-93 482,712 1,087,963

Li-7-94 482,628 1,087,904

Li-7-95 482,564 1,088,018

Li-7-96 482,139 1,088,011

Li-7-97 480,591 1,087,794

Li-7-98 480,279 1,087,846

Li-7-98A 480,081 1,087,939

Li-7-98B 479,857 1,088,114

Li-7-98C 479,781 1,088,257

Li-7-98D 479,611 1,088,768

Li-7-98E 478,500 1,088,109

Li-7-99 478,397 1,087,758

Li-7-100 478,143 1,087,509

Li-7-101 476,617 1,086,979

Li-7-102 475,960 1,086,770

Li-7-103 474,682 1,086,574

Li-7-104 472,997 1,086,230

Li-7-104A 471,682 1,085,904

Li-7-105 471,222 1,085,803

Li-7-106 469,714 1,085,429

Li-7-107 468,683 1,085,187

Li-7-108 467,756 1,084,910

Li-7-108A 466,950 1,084,728

Li-7-109 466,375 1,084,556

Li-7-110 465,880 1,084,494

Li-7-111 464,770 1,084,177

Li-7-112 463,989 1,084,045

Li-7-113 463,900 1,084,075

Li-7-114 463,616 1,083,926

Li-7-115 463,441 1,083,928

Li-7-116 462,754 1,083,621

Li-7-117 461,686 1,083,458

Li-7-118 461,447 1,083,355

Description of Location of Point Number Li-7-118: A point near the north boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-119 460,819 1,083,224

Description of Location of Point Number Li-7-119: A point near the south boundary of Gleneden Beach State Wayside located in section 16 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-120 460,676 1,083,165

Li-7-121 460,619 1,083,189

Li-7-122 460,479 1,083,124

Li-7-123 459,842 1,083,160

Li-7-124 459,810 1,083,056

Li-7-125 459,526 1,082,851

Li-7-126 458,278 1,082,499

Li-7-127 457,957 1,082,503

Li-7-128 457,823 1,082,373

Li-7-129 457,388 1,082,257

Li-7-130 457,345 1,082,264

Li-7-131 456,943 1,082,145

Li-7-132 456,756 1,082,195

Li-7-133 456,730 1,082,131

Li-7-134 456,340 1,081,936

Li-7-135 455,440 1,081,686

Li-7-136 455,234 1,081,688

Li-7-137 455,151 1,081,688

Li-7-138 454,875 1,081,542

Li-7-139 454,469 1,081,462

Li-7-140 454,339 1,081,439

Li-7-141 454,258 1,081,423

Li-7-142 453,718 1,081,178

Li-7-143 453,426 1,081,102

Li-7-144 452,947 1,081,025

Li-7-145 452,852 1,080,925

Li-7-146 451,855 1,080,644

Li-7-147 451,729 1,080,569

Li-7-148 451,344 1,080,438

Li-7-149 451,162 1,080,331

Li-7-150 451,005 1,080,288

Description of Location of Point Number Li-7-150: A point near the north boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-151 450,586 1,080,122

Description of Location of Point Number Li-7-151: A point near the south boundary of Lincoln Beach State Wayside located in section 28 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-152 450,196 1,079,877

Li-7-153 450,126 1,079,731

Li-7-154 450,167 1,079,513

Description of Location of Point Number Li-7-154: A point near the north end of the headlands on the north side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-155 449,614 1,079,632

Description of Location of Point Number Li-7-155: A point near the south end of the headlands on the south side of Fishing Rock located in section 29 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-156 449,234 1,079,367

Li-7-157 448,636 1,079,264

Li-7-158 448,598 1,079,333

Li-7-159 448,314 1,079,308

Li-7-160 448,214 1,079,378

Li-7-161 448,095 1,079,385

Description of Location of Point Number Li-7-161: A point near the north boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-162 447,462 1,079,064

Description of Location of Point Number Li-7-162: A point near the south boundary of Fogarty Creek State Park located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-163 447,359 1,078,881

Li-7-164 447,289 1,078,862

Li-7-165 447,192 1,078,622

Description of Location of Point Number Li-7-165: A point near the north end of the headlands on the north side of Boiler Bay located in section 32 of township 8 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-166 430,584 1,073,460

Description of Location of Point Number Li-7-166: A point near the northwest end of the headlands on the north side of Whale Cove located in section 18 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-166A 430,612 1,073,565

Li-7-166B 430,470 1,073,776

Li-7-166C 430,518 1,073,943

Li-7-167 430,432 1,074,035

Li-7-167A 430,274 1,074,000

Description of Location of Point Number Li-7-167A: A point near the southeast end of a short sand beach on the northeast side of Whale Cove located in section 17 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-168 416,791 1,074,778

Description of Location of Point Number Li-7-168: A point near the south end of the headlands south of Otter Crest located in section 29 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-169 416,481 1,074,645

Li-7-170 416,355 1,074,507

Description of Location of Point Number Li-7-170: A point near the north end of the headlands north of Devil’s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-171 415,895 1,074,529

Description of Location of Point Number Li-7-171: A point near the south end of the headlands north of Devil’s Punch Bowl located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-172 415,863 1,074,660

Li-7-173 415,268 1,074,655

Li-7-174 414,849 1,074,703

Li-7-175 414,615 1,074,584

Li-7-176 414,600 1,074,476

Description of Location of Point Number Li-7-176: A point near the north end of the headlands at Otter Rock located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-177 413,971 1,075,294

Description of Location of Point Number Li-7-177: A point near the south end of the headlands at Otter Rock located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-178 413,506 1,075,645

Li-7-179 412,961 1,075,950

Li-7-180 412,559 1,076,104

Li-7-181 411,922 1,076,232

Li-7-182 411,277 1,076,281

Description of Location of Point Number Li-7-182: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 32 of township 9 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-183 398,161 1,074,515

Description of Location of Point Number Li-7-183: A point near Moloch Creek located in section 17 of township 10 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-184 397,774 1,074,441

Li-7-185 397,597 1,074,358

Li-7-186 397,330 1,074,317

Li-7-187 397,266 1,074,257

Li-7-188 397,004 1,074,240

Li-7-189 396,996 1,074,177

Li-7-190 396,723 1,074,107

Li-7-191 396,479 1,074,084

Li-7-192 396,049 1,073,960

Li-7-193 396,026 1,073,913

Li-7-194 395,585 1,073,817

Li-7-195 395,339 1,073,746

Li-7-195A 395,290 1,073,652

Li-7-195B 395,205 1,073,696

Li-7-196 395,015 1,073,632

Li-7-197 394,516 1,073,514

Li-7-198 394,167 1,073,394

Li-7-199 393,827 1,073,198

Li-7-200 393,720 1,073,104

Li-7-201 393,129 1,073,076

Li-7-202 392,896 1,073,021

Li-7-203 392,787 1,072,999

Li-7-204 392,709 1,072,972

Li-7-205 392,212 1,072,892

Li-7-206 391,492 1,072,659

Li-7-207 391,328 1,072,630

Li-7-208 390,819 1,072,450

Li-7-209 390,258 1,072,167

Li-7-210 390,118 1,072,149

Li-7-211 389,984 1,072,013

Li-7-212 389,313 1,071,566

Li-7-213 389,069 1,071,264

Li-7-214 388,955 1,071,051

Li-7-215 388,946 1,070,768

Description of Location of Point Number Li-7-215: A point near the north end of the headlands on the north side of Yaquina Head located in section 30 of township 10 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-216 387,772 1,073,534

Description of Location of Point Number Li-7-216: A point near the southeast end of the headlands on the south side of Yaquina Head located in section 29 of township 10 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-217 387,563 1,073,912

Li-7-218 387,386 1,074,085

Li-7-219 387,128 1,074,260

Li-7-220 386,676 1,074,440

Li-7-221 386,012 1,074,651

Li-7-222 385,108 1,074,857

Li-7-223 384,494 1,074,912

Li-7-223A 384,156 1,074,959

Li-7-224 383,966 1,075,015

Li-7-225 383,702 1,075,148

Li-7-226 383,577 1,075,050

Li-7-227 383,213 1,074,990

Li-7-228 382,719 1,074,996

Li-7-229 382,476 1,075,069

Li-7-230 382,105 1,075,222

Li-7-231 382,036 1,075,230

Li-7-232 381,708 1,074,913

Li-7-233 381,443 1,074,806

Li-7-234 380,262 1,074,523

Li-7-235 379,963 1,074,392

Li-7-236 379,795 1,074,402

Li-7-237 379,148 1,074,225

Li-7-238 378,944 1,074,198

Li-7-239 378,034 1,074,043

Li-7-240 377,914 1,073,941

Li-7-241 377,641 1,073,892

Li-7-242 377,310 1,073,746

Li-7-243 377,291 1,073,577

Li-7-243A 377,167 1,073,496

Li-7-243B 377,031 1,073,571

Li-7-244 376,880 1,073,574

Li-7-245 376,584 1,073,490

Li-7-246 375,537 1,073,472

Li-7-247 375,067 1,073,373

Li-7-248 375,072 1,073,290

Li-7-249 374,935 1,073,281

Li-7-250 374,920 1,073,300

Li-7-251 374,783 1,073,293

Li-7-252 374,324 1,073,158

Li-7-253 374,089 1,073,032

Li-7-254 374,016 1,072,856

Li-7-255 373,826 1,072,845

Li-7-256 373,821 1,072,880

Li-7-257 373,184 1,072,824

Li-7-258 373,116 1,072,886

Li-7-259 372,539 1,072,719

Li-7-260 372,411 1,072,706

Li-7-261 371,864 1,072,554

Li-7-262 371,541 1,072,396

Li-7-263 370,453 1,072,227

Li-7-264 369,991 1,072,262

Li-7-265 369,852 1,072,347

Li-7-266 369,368 1,072,602

Li-7-266A 368,949 1,073,035

Li-7-267 367,806 1,072,273

Li-7-268 365,746 1,071,373

Li-7-269 365,649 1,071,378

Description of Location of Point Number Li-7-269: A point near the south jetty at the entrance to Yaquina Bay located in section 18 of township 11 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-270 360,495 1,071,556

Description of Location of Point Number Li-7-270: A point near the south boundary of the South Newport Park located in section 19 of township 11 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-271 358,777 1,071,368

Li-7-272 357,591 1,071,246

Li-7-273 357,104 1,071,144

Li-7-274 356,080 1,071,008

Li-7-275 355,648 1,071,008

Li-7-276 354,873 1,070,907

Li-7-277 353,593 1,070,800

Li-7-278 353,505 1,070,756

Li-7-279 353,174 1,070,667

Li-7-280 352,967 1,070,584

Li-7-281 352,466 1,070,600

Li-7-282 351,458 1,070,441

Li-7-283 350,947 1,070,421

Li-7-284 350,775 1,070,438

Li-7-285 350,420 1,070,324

Li-7-286 350,027 1,070,278

Li-7-287 349,666 1,070,202

Li-7-288 348,278 1,070,067

Li-7-289 347,871 1,070,120

Li-7-290 347,063 1,069,889

Li-7-291 346,876 1,069,885

Li-7-292 346,841 1,069,757

Li-7-293 346,124 1,069,672

Description of Location of Point Number Li-7-293: A point near the north boundary of Lost Creek Park located in section 6 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-294 339,166 1,068,589

Description of Location of Point Number Li-7-294: A point near the south boundary of Lost Creek Park located in section 7 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-295 337,635 1,068,437

Li-7-295A 337,344 1,068,375

Li-7-296 336,132 1,068,226

Description of Location of Point Number Li-7-296: A point near the north boundary of Ona Beach Park located in section 18 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-297 333,385 1,068,450

Description of Location of Point Number Li-7-297: A point near the south boundary of Ona Beach Park located in section 18 of township 12 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-297A 333,092 1,068,723

Li-7-297B 332,550 1,068,009

Li-7-298 332,261 1,067,861

Li-7-299 331,651 1,067,607

Li-7-300 330,909 1,067,332

Li-7-301 330,212 1,067,169

Li-7-302 329,775 1,067,021

Li-7-303 329,055 1,066,830

Li-7-304 328,374 1,066,629

Li-7-305 327,559 1,066,454

Li-7-306 326,920 1,066,268

Li-7-307 326,218 1,066,154

Li-7-308 325,986 1,066,159

Li-7-309 325,483 1,066,088

Li-7-310 325,302 1,065,997

Li-7-311 324,853 1,065,953

Li-7-312 324,539 1,065,816

Li-7-313 324,277 1,065,641

Li-7-314 323,667 1,065,529

Description of Location of Point Number Li-7-314: A point near the north boundary of Seal Rock Wayside located in section 25 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-315 322,726 1,065,519

Description of Location of Point Number Li-7-315: A point near the south boundary of Seal Rock Wayside located in section 25 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-316 322,532 1,065,529

Li-7-317 322,312 1,065,480

Li-7-318 321,532 1,065,461

Li-7-319 321,414 1,065,298

Li-7-320 321,226 1,065,448

Li-7-321 320,971 1,065,448

Li-7-321A 320,492 1,065,294

Li-7-322 320,154 1,065,308

Li-7-323 319,976 1,065,381

Li-7-324 319,830 1,065,333

Li-7-325 319,653 1,065,141

Description of Location of Point Number Li-7-325: A point near the north end of the headlands north of Squaw Creek located in section 36 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-326 319,285 1,065,020

Description of Location of Point Number Li-7-326: A point near the south end of the headlands, north of Squaw Creek located in section 36 of township 12 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-327 319,254 1,065,127

Li-7-328 319,017 1,065,300

Li-7-329 318,684 1,065,368

Li-7-330 318,039 1,065,567

Li-7-331 317,962 1,065,616

Li-7-332 317,553 1,065,733

Li-7-333 316,986 1,065,786

Li-7-334 316,190 1,065,631

Li-7-335 315,455 1,065,643

Li-7-336 313,346 1,065,757

Li-7-337 312,115 1,065,744

Li-7-338 310,799 1,065,676

Li-7-339 310,624 1,065,655

Li-7-340 307,274 1,065,368

Li-7-341 306,081 1,065,272

Li-7-342 303,876 1,065,014

Li-7-342A 302,717 1,064,861

Li-7-343 302,009 1,064,789

Li-7-344 300,597 1,064,626

Li-7-344A 299,559 1,064,546

Li-7-345 298,873 1,064,546

Li-7-346 298,361 1,064,661

Li-7-347 297,708 1,064,983

Li-7-348 297,499 1,065,264

Li-7-349 297,441 1,065,520

Li-7-350 297,481 1,065,745

Li-7-351 295,474 1,065,819

Li-7-352 295,365 1,065,659

Li-7-353 295,135 1,065,187

Li-7-354 294,851 1,064,836

Li-7-355 294,333 1,064,433

Li-7-356 293,843 1,064,235

Li-7-357 293,610 1,064,140

Description of Location of Point Number Li-7-357: A point near the north boundary of Governor Patterson Memorial Park located in section 25 of township 13 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-358 289,703 1,063,527

Description of Location of Point Number Li-7-358: A point near the south boundary of Governor Patterson Memorial Park located in section 25 of township 13 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-359 289,041 1,063,368

Li-7-360 288,797 1,063,355

Li-7-361 288,639 1,063,301

Li-7-362 288,337 1,063,295

Li-7-363 288,294 1,063,262

Li-7-364 287,261 1,063,041

Li-7-365 286,718 1,062,961

Li-7-366 286,312 1,062,836

Li-7-367 286,113 1,062,831

Li-7-368 286,084 1,062,893

Li-7-369 285,824 1,062,895

Li-7-370 285,212 1,062,781

Li-7-371 285,027 1,062,709

Li-7-372 284,609 1,062,608

Li-7-373 284,253 1,062,595

Li-7-374 283,650 1,062,426

Li-7-375 283,530 1,062,418

Li-7-376 283,344 1,062,332

Li-7-377 283,033 1,062,340

Description of Location of Point Number Li-7-377: A point near the north boundary of Beachside State Park located in section 2 of township 14 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-378 280,579 1,062,025

Description of Location of Point Number Li-7-378: A point near the south boundary of Beachside State Park located in section 2 of township 14 south, range 12 west of the Willamette Meridian in Lincoln County.

Li-7-379 280,316 1,061,896

Li-7-380 280,153 1,061,959

Li-7-381 279,897 1,062,221

Li-7-382 279,810 1,062,238

Li-7-383 279,471 1,062,184

Li-7-384 279,189 1,062,025

Li-7-385 279,000 1,061,989

Li-7-386 278,590 1,061,901

Li-7-387 278,530 1,061,890

Li-7-388 278,422 1,061,867

Li-7-389 278,397 1,061,861

Li-7-390 277,667 1,061,718

Li-7-391 277,519 1,061,667

Li-7-392 277,394 1,061,450

Li-7-393 277,109 1,061,300

Li-7-394 276,930 1,061,241

Li-7-395 276,633 1,061,214

Li-7-396 276,485 1,061,088

Li-7-396A 275,876 1,061,042

Li-7-397 275,149 1,060,896

Li-7-398 274,953 1,060,869

Li-7-399 274,824 1,060,797

Li-7-400 274,004 1,060,607

Li-7-401 273,342 1,060,521

Li-7-402 273,123 1,060,462

Li-7-403 272,973 1,060,462

Li-7-403A 272,878 1,060,433

Li-7-403B 272,896 1,060,393

Li-7-403C 272,820 1,060,374

Li-7-403D 272,830 1,060,421

Li-7-404 272,651 1,060,364

Li-7-405 272,426 1,060,299

Li-7-406 272,203 1,060,283

Li-7-407 272,128 1,060,234

Li-7-408 271,948 1,060,204

Li-7-409 271,876 1,060,227

Li-7-410 271,776 1,060,205

Li-7-411 271,517 1,060,175

Li-7-412 271,384 1,060,219

Li-7-413 271,248 1,060,129

Li-7-414 271,079 1,060,107

Li-7-415 270,975 1,060,035

Li-7-416 270,235 1,059,912

Li-7-417 270,078 1,059,800

Li-7-418 269,654 1,059,845

Li-7-418A 269,628 1,059,780

Li-7-418B 269,456 1,059,849

Li-7-419 269,109 1,059,861

Li-7-420 268,340 1,059,611

Li-7-421 268,199 1,059,621

Li-7-422 267,680 1,059,493

Li-7-423 266,984 1,059,424

Li-7-424 266,886 1,059,446

Li-7-424A 266,752 1,059,348

Li-7-425 266,663 1,059,404

Li-7-426 266,507 1,059,260

Li-7-427 266,377 1,059,159

Li-7-428 266,168 1,059,124

Li-7-429 265,966 1,059,257

Li-7-430 265,666 1,059,094

Li-7-430A 265,602 1,058,965

Li-7-431 265,475 1,058,904

Li-7-432 264,325 1,058,737

Li-7-433 263,983 1,058,615

Li-7-434 263,577 1,058,506

Li-7-435 263,465 1,058,519

Li-7-436 263,387 1,058,531

Li-7-437 263,394 1,058,454

Li-7-438 262,996 1,058,341

Li-7-439 262,881 1,058,246

Description of Location of Point Number Li-7-439: A point near the north end of the headlands north of Yachats Park and near the section line located between sections 22 and 23 of township 14 south, range 12 west of the Willamette Meridian in Lincoln County.

Oregon Coordinate System,

La-7-1 960,236 1,053,478

Description of Location of Point Number La-7-1: A point near the south end of the headlands on the south side of Gwynn Knoll located in section 22 of township 15 south, range 12 west of the Willamette Meridian in Lane County.

La-7-2 960,110 1,053,668

La-7-3 960,163 1,053,738

La-7-4 960,041 1,053,854

La-7-5 959,932 1,053,768

La-7-6 959,694 1,053,879

La-7-7 959,392 1,053,887

La-7-8 959,274 1,053,935

La-7-9 959,124 1,053,946

Description of Location of Point Number La-7-9: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 22 of township 15 south, range 12 west of the Willamette Meridian in Lane County.

La-7-10 956,771 1,054,162

Description of Location of Point Number La-7-10: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 27 of township 15 south, range 12 west of the Willamette Meridian in Lane County.

La-7-11 955,775 1,054,039

La-7-12 955,642 1,053,985

La-7-13 955,236 1,053,955

La-7-14 954,367 1,053,807

La-7-15 954,094 1,053,672

La-7-16 953,534 1,053,686

La-7-17 953,374 1,053,714

La-7-18 953,268 1,053,882

La-7-19 953,186 1,053,909

Description of Location of Point Number La-7-19: A point near the north boundary of the Rockwood Beach State Wayside located in section 27 of township 15 south, range 12 west of the Willamette Meridian in Lane County.

La-7-20 952,030 1,053,601

Description of Location of Point Number La-7-20: A point near the south boundary of Rockwood Beach State Wayside near the section line located between section 27 and section 34 of township 15 south, range 12 west of the Willamette Meridian in Lane County.

La-7-21 951,780 1,053,530

La-7-22 951,633 1,053,395

La-7-23 951,613 1,053,308

La-7-24 951,555 1,053,229

La-7-25 951,461 1,053,170

La-7-26 951,160 1,053,170

La-7-27 950,892 1,053,104

La-7-28 950,751 1,053,055

La-7-29 950,531 1,052,931

La-7-30 950,352 1,052,890

La-7-31 949,988 1,052,937

La-7-32 949,786 1,052,942

La-7-33 949,469 1,052,898

La-7-34 949,213 1,052,750

La-7-35 949,177 1,052,806

La-7-36 949,010 1,052,702

La-7-37 949,004 1,052,837

La-7-38 948,807 1,052,897

La-7-38A 948,218 1,052,893

La-7-38B 948,227 1,052,797

La-7-38C 948,170 1,052,794

La-7-38D 948,159 1,052,893

La-7-39 948,074 1,052,893

La-7-39A 947,907 1,052,830

La-7-40 947,752 1,052,816

La-7-41 947,671 1,052,860

La-7-42 947,129 1,052,773

La-7-43 946,916 1,052,690

La-7-44 946,756 1,052,589

Description of Location of Point Number La-7-44: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 3 of township 16 south, range 12 west of the Willamette Meridian in Lane County.

La-7-45 943,990 1,052,518

Description of Location of Point Number La-7-45: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 3 of township 16 south, range 12 west of the Willamette Meridian in Lane County.

La-7-46 943,939 1,052,486

La-7-47 943,813 1,052,591

La-7-48 943,783 1,052,519

La-7-49 943,676 1,052,511

La-7-50 943,595 1,052,712

La-7-51 943,120 1,052,702

La-7-52 942,217 1,052,612

La-7-53 942,188 1,052,505

La-7-54 942,111 1,052,558

La-7-55 941,981 1,052,486

La-7-56 941,899 1,052,578

La-7-57 941,798 1,052,469

La-7-58 941,715 1,052,447

La-7-59 941,651 1,052,520

La-7-60 941,460 1,052,477

La-7-61 940,890 1,052,398

La-7-62 940,849 1,052,347

La-7-63 940,664 1,052,338

La-7-63A 940,377 1,052,331

La-7-63B 940,382 1,052,276

La-7-63C 940,284 1,052,268

La-7-63D 940,276 1,052,323

La-7-64 940,181 1,052,312

La-7-65 939,875 1,052,279

La-7-66 939,480 1,052,244

La-7-67 939,027 1,052,218

La-7-68 938,916 1,052,176

La-7-69 938,856 1,052,086

La-7-70 938,884 1,052,005

La-7-71 938,716 1,051,863

La-7-72 938,638 1,051,843

Description of Location of Point Number La-7-72: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 10 of township 16 south, range 12 west of the Willamette Meridian in Lane County.

La-7-73 937,638 1,051,964

Description of Location of Point Number La-7-73: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 15 of township 16 south, range 12 west of the Willamette Meridian in Lane County.

La-7-74 937,203 1,051,900

La-7-75 937,051 1,051,863

La-7-76 936,879 1,051,895

La-7-77 935,785 1,051,799

La-7-78 935,426 1,051,813

La-7-79 935,075 1,052,056

La-7-80 934,880 1,052,081

La-7-81 934,647 1,052,020

La-7-82 934,455 1,051,950

La-7-83 934,615 1,051,784

La-7-84 934,604 1,051,729

La-7-85 934,316 1,051,650

La-7-86 933,430 1,051,561

La-7-87 933,065 1,051,551

Description of Location of Point Number La-7-87: A point near the north boundary of Muriel O. Ponsler Memorial Wayside near the section line located between section 15 and section 22 of township 16 south, range 12 west of the Willamette Meridian in Lane County.

La-7-88 909,858 1,048,853

Description of Location of Point Number La-7-88: A point near the south end of the headlands south of Sea Lion Point located in section 10 of township 17 south, range 12 west of the Willamette Meridian in Lane County.

La-7-89 909,719 1,048,996

La-7-90 909,664 1,048,883

La-7-91 909,526 1,048,892

La-7-91A 909,413 1,048,940

La-7-91B 909,303 1,048,919

La-7-91C 909,322 1,048,991

La-7-92 909,257 1,049,026

La-7-93 909,074 1,049,036

La-7-94 907,411 1,048,835

La-7-95 907,100 1,048,756

La-7-96 906,424 1,048,703

La-7-97 905,548 1,048,854

La-7-97A 905,279 1,048,958

La-7-98 905,035 1,048,753

La-7-99 904,794 1,048,582

La-7-100 904,606 1,048,539

La-7-101 903,666 1,048,343

La-7-102 902,600 1,048,245

La-7-103 900,865 1,047,986

La-7-104 900,172 1,048,219

La-7-105 900,135 1,048,025

La-7-106 898,793 1,047,704

La-7-107 896,883 1,047,391

La-7-108 895,796 1,047,214

La-7-109 895,503 1,047,145

La-7-110 894,613 1,046,918

La-7-111 893,579 1,046,676

La-7-112 892,821 1,046,624

La-7-113 892,155 1,046,581

La-7-114 891,073 1,046,419

La-7-115 890,910 1,046,252

La-7-116 890,458 1,046,195

La-7-117 890,028 1,046,095

La-7-118 888,538 1,045,834

La-7-119 888,055 1,045,774

La-7-120 887,644 1,045,690

La-7-121 887,261 1,045,648

La-7-122 886,717 1,045,523

La-7-123 886,285 1,045,460

La-7-124 885,473 1,045,302

La-7-125 885,268 1,045,288

La-7-126 884,851 1,045,219

La-7-127 884,298 1,045,109

La-7-128 883,971 1,045,099

La-7-129 883,618 1,044,947

La-7-130 882,889 1,044,796

La-7-131 881,414 1,044,485

La-7-132 880,567 1,044,279

La-7-133 880,258 1,044,200

La-7-134 879,601 1,044,022

La-7-135 879,061 1,043,864

La-7-136 877,970 1,043,710

Description of Location of Point Number La-7-136: A point near the north jetty of the mouth of the Siuslaw River.

La-7-137 876,020 1,044,784

La-7-138 875,946 1,044,582

La-7-139 875,798 1,044,454

La-7-140 875,347 1,044,280

La-7-141 874,460 1,044,140

La-7-142 873,380 1,044,014

La-7-143 871,882 1,043,709

La-7-144 870,976 1,043,613

La-7-145 869,960 1,043,487

La-7-146 868,997 1,043,351

La-7-146A 868,331 1,043,221

La-7-147 867,514 1,043,108

La-7-148 866,180 1,042,880

La-7-149 865,019 1,042,725

La-7-150 864,002 1,042,561

La-7-151 862,115 1,042,273

La-7-152 861,496 1,042,182

La-7-153 860,271 1,042,026

La-7-154 858,490 1,041,748

La-7-155 857,800 1,041,633

La-7-156 856,103 1,041,383

La-7-157 855,358 1,041,303

La-7-158 854,148 1,041,117

La-7-159 851,830 1,040,768

La-7-160 851,635 1,040,748

La-7-161 851,199 1,040,880

La-7-162 851,021 1,040,865

La-7-163 850,800 1,040,648

La-7-164 850,355 1,040,527

La-7-164A 849,124 1,040,339

La-7-165 848,907 1,040,274

La-7-166 848,749 1,040,273

La-7-167 846,808 1,039,954

La-7-168 846,243 1,039,937

La-7-169 845,809 1,040,006

La-7-170 845,602 1,039,776

La-7-171 844,723 1,039,621

La-7-172 843,639 1,039,444

La-7-173 842,820 1,039,311

La-7-174 842,031 1,039,177

La-7-175 841,270 1,039,078

La-7-176 840,452 1,038,871

La-7-176A 840,031 1,038,859

La-7-177 839,240 1,038,737

La-7-178 838,171 1,038,563

La-7-179 837,525 1,038,441

La-7-179A 836,715 1,038,307

La-7-180 835,043 1,038,003

La-7-181 834,753 1,037,958

La-7-182 833,479 1,037,720

La-7-183 832,528 1,037,580

La-7-184 831,085 1,037,370

La-7-185 829,836 1,037,172

La-7-186 828,519 1,037,020

La-8-187 828,149 1,037,039

La-8-188 828,028 1,037,333

La-8-189 827,347 1,038,019

La-8-190 827,070 1,037,974

La-8-191 826,655 1,037,788

La-8-191A 825,980 1,037,568

La-8-192 825,744 1,036,688

La-8-193 824,767 1,036,500

La-8-194 823,832 1,036,281

La-8-195 823,335 1,036,182

La-8-196 822,001 1,035,914

Do-8-1 821,695 1,035,859

Description of Location of Point Number Do-8-1: A point near the Lane-Douglas County line located in section 5 of township 20 south, range 12 west of the Willamette Meridian in Lane and Douglas Counties.

Do-8-2 820,707 1,035,660

Do-8-3 818,732 1,035,340

Do-8-4 817,872 1,035,166

Do-8-5 817,052 1,035,024

Do-8-6 816,253 1,034,884

Do-8-7 815,512 1,034,746

Do-8-8 814,959 1,034,666

Do-8-9 813,504 1,034,423

Do-8-10 812,595 1,034,229

Do-8-11 811,225 1,033,996

Do-8-12 810,555 1,033,850

Do-8-13 810,122 1,033,783

Do-8-14 808,867 1,033,554

Do-8-15 807,868 1,033,385

Do-8-16 807,337 1,033,283

Do-8-17 806,927 1,033,221

Do-8-18 806,152 1,033,077

Do-8-19 805,778 1,032,988

Do-8-20 804,851 1,032,861

Do-8-21 804,260 1,032,873

Do-8-22 803,681 1,032,658

Do-8-23 803,506 1,032,786

Do-8-23A 802,770 1,033,337

Do-8-23B 802,137 1,033,220

Do-8-23C 801,728 1,032,555

Do-8-24 801,155 1,032,391

Do-8-25 801,044 1,032,207

Do-8-26 800,846 1,032,132

Do-8-27 799,332 1,031,776

Do-8-28 798,240 1,031,548

Do-8-29 796,771 1,031,277

Do-8-30 795,799 1,031,068

Do-8-31 793,989 1,030,720

Do-8-32 793,169 1,030,524

Do-8-33 792,296 1,030,361

Do-8-34 791,423 1,030,178

Do-8-35 790,919 1,030,056

Do-8-36 789,882 1,029,848

Do-8-37 788,423 1,029,555

Do-8-38 787,010 1,029,259

Do-8-39 784,545 1,028,739

Do-8-40 784,212 1,028,670

Do-8-41 782,268 1,028,202

Do-8-42 781,537 1,028,084

Do-8-43 780,887 1,027,942

Do-8-44 780,531 1,028,022

Do-8-45 779,988 1,028,136

Do-8-46 778,886 1,027,543

Do-8-47 777,876 1,027,263

Do-8-48 777,208 1,027,140

Do-8-49 774,943 1,026,545

Do-8-50 774,246 1,026,386

Do-8-51 773,335 1,026,124

Do-8-52 772,554 1,025,924

Do-8-52A 772,330 1,025,872

Do-8-53 771,860 1,025,808

Do-8-54 771,055 1,025,594

Do-8-55 770,024 1,025,340

Do-8-56 768,746 1,025,005

Do-8-57 766,998 1,024,590

Do-8-58 766,108 1,024,358

Do-8-59 765,636 1,024,230

Do-8-60 763,627 1,023,692

Do-8-61 762,742 1,023,429

Do-8-62 761,684 1,023,139

Do-8-63 758,957 1,022,333

Do-8-64 758,469 1,022,210

Do-8-65 758,121 1,022,053

Do-8-66 757,279 1,021,800

Do-8-67 757,020 1,021,839

Do-8-68 756,836 1,021,696

Do-8-69 755,763 1,021,249

Do-8-70 755,026 1,021,008

Do-8-71 754,298 1,020,903

Do-8-72 753,767 1,020,697

Do-8-73 753,439 1,020,545

Do-8-74 752,951 1,020,747

Do-8-75 751,017 1,020,655

Do-8-75A 750,243 1,021,078

Do-8-76 749,488 1,020,210

Do-8-77 748,443 1,019,383

Do-8-78 747,158 1,019,192

Description of Location of Point Number Do-8-78: A point near the north boundary of Umpqua Lighthouse State Park located in section 14 of township 22 south, range 13 west of the Willamette Meridian in Douglas County.

Do-8-79 730,871 1,016,121

Description of Location of Point Number Do-8-79: A point near the Douglas-Coos County line located near the south line of section 35 of township 22 south, range 13 west of the Willamette Meridian in Douglas County and near the north line of section 2 of township 23 south, range 13 west of the Willamette Meridian in Coos County.

Co-8-1 729,664 1,015,856

Co-8-2 728,936 1,015,655

Co-8-3 728,728 1,015,623

Co-8-4 727,826 1,015,377

Co-8-5 727,278 1,015,258

Co-8-6 724,915 1,014,674

Co-8-7 724,626 1,014,580

Co-8-8 723,853 1,014,368

Co-8-9 722,394 1,014,019

Co-8-10 721,343 1,013,724

Co-8-11 721,060 1,013,669

Co-8-12 719,776 1,013,295

Co-8-13 717,976 1,012,819

Co-8-14 715,485 1,012,136

Co-8-15 714,775 1,011,970

Co-8-16 713,885 1,011,759

Co-8-17 712,681 1,012,474

Co-8-17A 711,651 1,012,064

Co-8-18 711,490 1,011,380

Co-8-19 711,287 1,011,067

Co-8-20 710,228 1,010,672

Co-8-21 708,950 1,010,242

Co-8-22 707,341 1,009,727

Co-8-23 705,667 1,009,233

Co-8-24 703,750 1,008,601

Co-8-25 702,084 1,008,068

Co-8-26 699,008 1,007,083

Co-8-27 697,448 1,006,514

Co-8-28 696,206 1,006,090

Co-8-29 694,708 1,005,610

Co-8-30 693,103 1,005,043

Co-8-31 692,077 1,004,650

Co-8-32 689,886 1,003,889

Co-8-33 688,877 1,003,573

Co-8-34 687,552 1,003,019

Co-8-35 686,230 1,002,532

Co-8-36 685,486 1,002,304

Co-8-37 683,518 1,001,517

Co-8-38 680,557 1,000,380

Co-8-39 679,698 1,000,075

Co-8-40 677,930 999,320

Co-8-41 674,944 998,128

Co-8-42 673,411 997,493

Co-8-43 672,373 997,031

Co-8-44 671,467 996,694

Co-8-45 669,759 995,885

Co-8-46 668,425 995,336

Co-8-47 667,825 995,122

Co-8-48 667,544 994,955

Co-8-49 666,205 994,292

Co-8-50 665,970 994,225

Co-8-51 663,013 992,854

Co-8-52 660,734 991,795

Co-8-53 660,069 991,533

Co-8-54 659,389 991,150

Co-8-55 657,728 990,366

Co-8-56 655,235 989,141

Co-8-57 654,440 988,702

Co-8-58 653,488 988,250

Co-8-59 652,480 987,700

Co-8-60 651,099 986,981

Co-8-61 649,414 986,081

Co-8-62 646,358 984,352

Co-8-63 645,749 984,047

Co-8-64 644,099 983,026

Co-8-65 642,023 981,695

Co-8-66 640,681 980,828

Co-8-67 640,057 980,293

Co-8-68 639,692 980,219

Co-8-69 639,520 980,356

Co-7-70 636,896 979,344

Co-7-70A 636,614 978,908

Co-7-71 636,922 978,633

Co-7-72 636,010 977,777

Co-7-73 635,625 977,638

Co-7-74 635,393 977,275

Co-7-75 635,195 977,077

Co-7-76 634,936 976,733

Co-7-77 634,587 976,559

Co-7-77A 633,981 976,264

Co-7-77B 633,953 975,963

Co-7-77C 634,143 975,869

Co-7-78 634,233 975,610

Co-7-79 634,204 975,372

Co-7-79A 633,977 974,584

Co-7-79B 634,194 974,479

Co-7-80 633,898 974,424

Co-7-81 633,817 974,344

Co-7-82 633,937 974,077

Description of Location of Point Number Co-7-82: A point near the southeast end of the headlands on the east side of Yoakam Point located in section 4 of township 26 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-83 634,269 973,615

Description of Location of Point Number Co-7-83: A point near the southwest end of the headlands, on the west side of Yoakam Point located in section 4 of township 26 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-83A 634,082 973,601

Co-7-83B 634,289 973,472

Co-7-84 634,156 973,500

Co-7-84A 634,031 973,422

Co-7-84B 634,050 973,330

Co-7-85 633,855 973,285

Co-7-86 633,965 973,139

Co-7-87 633,851 973,103

Co-7-88 633,629 972,839

Co-7-89 633,570 972,661

Co-7-90 633,630 972,588

Co-7-91 633,486 972,500

Co-7-92 633,544 972,414

Co-7-93 633,427 972,406

Co-7-94 633,376 972,209

Co-7-95 633,447 972,128

Co-7-96 633,292 972,073

Co-7-97 633,295 971,922

Co-7-97A 633,239 971,731

Co-7-98 633,169 971,619

Co-7-98A 633,192 971,580

Co-7-99 633,177 971,464

Co-7-100 633,123 971,298

Co-7-101 633,133 971,239

Co-7-102 633,087 971,152

Co-7-102A 633,117 971,076

Co-7-103 633,119 970,748

Co-7-103A 633,157 970,678

Co-7-104 633,149 970,563

Co-7-105 633,202 970,551

Co-7-106 633,180 970,465

Co-7-107 633,184 970,383

Co-7-108 633,262 970,330

Co-7-109 633,209 970,234

Co-7-110 633,279 970,284

Co-7-111 633,340 970,280

Description of Location of Point Number Co-7-111: A point near the southeast end of the headlands on the east side of Gregory Point located in section 4 of township 26 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-112 608,676 966,967

Description of Location of Point Number Co-7-112: A point near the headlands at the north end of Sacchi Beach located in section 32 of township 26 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-113 608,553 967,076

Co-7-114 608,289 967,090

Co-7-115 608,179 967,050

Co-7-116 607,903 967,103

Co-7-117 607,628 966,995

Co-7-118 607,410 966,934

Co-7-119 606,877 966,722

Co-7-120 606,760 966,652

Co-7-121 606,645 966,613

Co-7-122 606,027 966,290

Co-7-123 605,748 966,226

Co-7-124 605,182 966,033

Co-7-125 604,655 965,906

Co-7-126 604,515 965,555

Co-7-127 603,978 965,298

Co-7-128 603,724 965,369

Co-7-129 603,649 965,469

Co-7-130 603,508 965,465

Co-7-131 603,389 965,537

Co-7-132 603,221 965,503

Co-7-133 602,888 965,575

Co-7-134 602,650 965,425

Co-7-135 602,087 965,206

Co-7-136 601,893 965,185

Co-7-137 601,186 964,997

Co-7-138 601,067 964,893

Co-7-139 601,021 964,797

Co-7-140 600,922 964,740

Co-7-141 600,470 964,612

Co-7-142 600,455 964,661

Co-7-142A 600,071 964,652

Co-7-142B 599,897 964,617

Co-7-143 599,738 964,644

Co-7-144 598,717 964,387

Co-7-145 597,922 964,202

Co-7-146 596,609 963,901

Description of Location of Point Number Co-7-146: A point near the north boundary of Seven Devils Ocean Wayside located in section 17 of township 27 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-147 595,213 963,487

Description of Location of Point Number Co-7-147: A point near the south boundary of Seven Devils Ocean Wayside located in section 17 of township 27 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-148 594,314 963,289

Co-7-149 594,046 963,201

Co-7-150 593,895 963,182

Co-7-151 593,779 963,097

Co-7-152 593,565 963,103

Co-7-153 593,028 962,935

Co-7-154 592,633 962,887

Co-7-155 591,719 962,643

Co-7-156 590,974 962,354

Co-7-157 590,518 962,076

Co-7-158 590,387 961,812

Co-7-159 590,082 962,020

Co-7-160 589,739 962,163

Co-7-161 589,390 962,214

Co-7-162 589,181 962,122

Co-7-163 589,030 962,216

Co-7-164 588,994 962,326

Co-7-165 588,874 962,430

Co-7-166 588,522 962,518

Co-7-167 587,762 962,569

Co-7-168 587,311 962,505

Co-7-169 586,932 962,514

Co-7-170 584,508 962,011

Co-7-171 584,006 961,931

Co-7-172 583,067 961,700

Co-7-173 581,949 961,437

Co-7-174 581,179 961,231

Co-7-175 580,403 961,047

Co-7-176 577,758 960,367

Co-7-177 577,356 960,253

Co-7-178 576,745 960,026

Description of Location of Point Number Co-7-178: A point near the north boundary of Bullards Beach State Park located near the section line between section 31 of township 27 south, range 14 west of the Willamette Meridian and section 6 of township 28 south, range 14 west of the Willamette Meridian in Coos County.

Co-7-179 555,762 952,779

Description of Location of Point Number Co-7-179: A point near the north jetty at the mouth of the Coquille River located in section 25 of township 28 south, range 15 west of the Willamette Meridian in Coos County.

Co-7-180 555,175 951,991

Co-7-181 554,780 951,830

Co-7-182 553,788 951,192

Co-7-183 553,471 950,888

Co-7-184 553,041 950,429

Co-7-185 552,360 949,847

Co-7-186 552,218 949,659

Co-7-187 552,103 949,891

Co-7-188 551,837 950,159

Co-7-189 551,431 950,406

Co-7-190 551,116 950,464

Co-7-191 550,861 950,457

Co-7-192 550,604 950,437

Co-7-193 550,337 950,321

Co-7-194 550,057 950,249

Co-7-195 549,837 950,092

Co-7-196 549,618 950,060

Co-7-197 549,516 949,955

Co-7-198 549,384 949,927

Co-7-199 549,282 949,968

Co-7-200 549,124 949,939

Description of Location of Point Number Co-7-200: A point near the north boundary of Bandon Ocean Wayside located near the section line between section 35 and section 36 of township 28 south, range 15 west of the Willamette Meridian in Coos County.

Co-7-201 548,632 950,177

Description of Location of Point Number Co-7-201: A point near the south boundary of Bandon Ocean Wayside located in section 36 of township 28 south, range 15 west of the Willamette Meridian in Coos County.

Co-7-202 548,492 950,207

Co-7-203 548,380 950,151

Co-7-204 548,264 950,206

Co-7-205 548,254 950,325

Co-7-206 548,186 950,339

Co-7-207 548,009 950,528

Co-7-208 547,406 950,729

Co-7-209 547,161 950,718

Co-7-210 546,508 950,752

Co-7-211 546,006 950,673

Co-7-212 545,859 950,712

Co-7-213 545,715 950,683

Co-7-214 545,628 950,615

Co-7-215 545,217 950,577

Co-7-216 545,023 950,598

Co-7-216A 544,709 950,664

Co-7-217 544,548 950,878

Co-7-218 544,373 950,554

Co-7-219 543,977 950,255

Co-7-220 543,175 949,972

Co-7-221 542,945 949,972

Co-7-222 542,866 949,909

Co-7-223 542,547 949,822

Co-7-224 542,416 949,831

Co-7-225 542,342 949,615

Co-7-226 542,282 949,710

Co-7-227 541,931 949,649

Co-7-228 541,758 949,563

Co-7-229 541,677 949,554

Description of Location of Point Number Co-7-229: A point near the north boundary of Bandon State Park located near the section line between section 1 and section 2 of township 29 south, range 15 west of the Willamette Meridian in Coos County.

Co-7-230 520,295 944,832

Description of Location of Point Number Co-7-230: A point near the south boundary of Bandon State Park located in section 26 of township 29 south, range 15 west of the Willamette Meridian in Coos County.

Co-7-231 519,372 944,584

Co-7-232 519,139 944,554

Co-7-233 518,732 944,354

Co-7-234 518,351 944,228

Co-7-235 517,872 944,106

Co-7-236 517,379 944,081

Co-7-237 517,197 944,024

Co-7-238 516,932 943,828

Co-7-239 516,537 943,820

Co-7-240 516,140 943,566

Co-7-241 515,878 943,482

Co-7-242 514,876 943,184

Co-7-243 513,787 943,654

Co-7-244 513,009 943,264

Co-7-245 512,191 942,822

Co-7-246 510,958 942,457

Co-7-247 510,505 942,237

Co-7-248 509,957 942,116

Co-7-249 509,541 942,146

Co-7-250 508,792 941,921

Co-7-251 508,381 941,799

Co-7-252 507,732 941,713

Co-7-253 506,891 941,505

Co-7-253A 506,462 941,413

Co-7-253B 506,246 941,247

Co-7-254 505,354 940,985

Co-7-255 504,775 940,629

Co-7-256 504,290 940,429

Co-7-257 503,786 940,333

Co-7-257A 502,977 940,049

Co-7-257B 502,502 939,827

Co-7-257C 501,568 939,701

Co-7-258 500,604 939,306

Co-7-258A 500,169 939,262

Co-7-258B 498,906 938,349

Co-7-258C 497,858 937,804

Co-7-259 497,372 937,629

Co-7-259A 496,995 937,388

Co-7-259B 496,704 937,274

Co-7-260 495,258 936,546

Co-7-260A 494,866 936,458

Co-7-261 494,435 936,200

Description of Location of Point Number Co-7-261: A point near the Coos-Curry County line located near the section line between section 21 of township 30 south, range 15 west of the Willamette Meridian in Coos County and section 28 of township 30 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-1 494,269 936,197

Cu-7-1A 492,997 935,582

Cu-7-1B 492,724 935,524

Cu-7-1C 492,161 935,220

Cu-7-1D 491,652 935,056

Cu-7-2 491,102 934,739

Cu-7-3 490,807 934,692

Cu-7-3A 489,619 933,791

Cu-7-4 488,165 933,379

Cu-7-4A 487,538 933,092

Cu-7-5 486,942 932,870

Cu-7-6 486,037 932,272

Cu-7-6A 485,602 932,037

Cu-7-7 485,134 931,874

Cu-7-8 483,852 931,217

Cu-7-9 483,031 930,687

Cu-7-10 482,079 930,304

Cu-7-11 481,624 930,048

Cu-7-12 481,116 929,839

Cu-7-13 480,954 929,721

Cu-7-14 480,886 929,576

Cu-7-15 480,564 929,341

Cu-7-16 480,217 928,860

Cu-7-17 480,122 928,700

Cu-7-18 479,910 928,435

Cu-7-19 479,060 927,987

Cu-7-20 477,708 927,259

Cu-7-21 477,184 926,960

Cu-7-22 476,933 926,833

Cu-7-23 476,453 926,519

Cu-7-24 475,128 925,801

Cu-7-25 474,536 925,461

Description of Location of Point Number Cu-7-25: A point near the north boundary of Floras Lake State Park located near the section line between section 7 and section 18 of township 31 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-26 460,789 918,140

Description of Location of Point Number Cu-7-26: A point near the south boundary of Floras Lake State Park located in section 25 of township 31 south, range 16 west of the Willamette Meridian in Curry County.

Cu-7-27 459,979 917,628

Cu-7-27A 459,587 917,079

Cu-7-28 458,933 917,257

Cu-7-28A 458,345 916,603

Cu-7-29 458,318 916,281

Cu-7-30 457,743 916,020

Cu-7-31 457,243 915,713

Cu-7-32 456,847 915,413

Cu-7-33 456,546 915,235

Cu-7-34 455,650 914,957

Cu-7-35 455,367 914,795

Cu-7-36 454,864 914,510

Cu-7-37 454,408 914,160

Cu-7-38 454,311 914,127

Cu-7-39 454,138 913,983

Cu-7-40 453,926 913,695

Cu-7-41 453,771 913,579

Cu-7-42 453,663 913,416

Cu-7-43 453,523 913,219

Cu-7-44 453,473 913,101

Cu-7-45 453,421 912,999

Cu-7-46 453,397 912,848

Cu-7-47 453,307 912,762

Cu-7-48 453,310 912,692

Cu-7-49 453,253 912,591

Cu-7-50 453,180 912,165

Cu-7-51 453,152 911,780

Cu-7-52 453,254 911,495

Cu-7-53 453,326 911,275

Cu-7-54 453,460 911,156

Description of Location of Point Number Cu-7-54: A point near the east end of the headlands on the northeast side of Cape Blanco located in section 2 of township 32 south, range 16 west of the Willamette Meridian in Curry County.

Cu-7-55 452,117 910,664

Description of Location of Point Number Cu-7-55: A point near the east end of the headlands on the southeast side of Cape Blanco located in section 2 of township 32 south, range 16 west of the Willamette Meridian in Curry County.

Cu-7-56 452,107 910,814

Cu-7-57 452,002 911,078

Cu-7-58 451,734 911,201

Cu-7-59 451,988 911,384

Cu-7-60 452,030 911,494

Cu-7-61 452,015 911,644

Cu-7-62 451,734 912,301

Cu-7-63 451,615 912,450

Cu-7-64 451,576 912,565

Cu-7-65 451,492 912,683

Cu-7-66 451,264 912,951

Cu-7-67 450,946 913,303

Cu-7-68 450,721 913,517

Cu-7-69 450,608 913,599

Cu-7-70 450,540 913,682

Cu-7-71 450,162 913,972

Cu-7-72 449,475 914,516

Cu-7-73 449,417 914,584

Cu-7-74 449,147 914,805

Cu-7-75 448,724 915,150

Cu-7-76 448,634 915,187

Cu-7-77 448,533 915,272

Cu-7-78 448,435 915,325

Cu-7-79 448,362 915,436

Cu-7-80 448,183 915,529

Cu-7-81 448,239 915,612

Cu-7-82 448,020 915,796

Cu-7-83 447,281 916,347

Cu-7-84 447,226 916,415

Cu-7-85 447,003 916,569

Cu-7-86 446,798 916,723

Cu-7-87 446,483 916,915

Cu-7-88 445,956 917,175

Cu-7-89 445,494 917,383

Cu-7-90 444,827 917,614

Cu-7-91 444,440 917,838

Cu-7-92 444,271 917,881

Cu-7-93 444,145 918,032

Cu-7-94 443,659 918,220

Cu-7-95 443,409 918,340

Cu-7-96 443,151 918,543

Cu-7-97 443,003 918,630

Cu-7-98 442,763 918,949

Cu-7-99 442,510 919,118

Cu-7-100 442,270 919,228

Cu-7-101 441,914 919,360

Cu-7-102 441,670 919,431

Cu-7-103 441,460 919,429

Cu-7-104 441,310 919,539

Cu-7-105 440,732 919,662

Cu-7-106 440,669 919,708

Cu-7-107 440,538 919,741

Cu-7-108 440,220 919,912

Cu-7-109 439,753 920,115

Cu-7-110 439,262 920,242

Cu-7-111 438,471 920,351

Cu-7-112 438,351 920,385

Cu-7-113 437,983 920,477

Cu-7-114 437,654 920,618

Cu-7-115 437,160 920,983

Cu-7-115A 436,738 920,855

Cu-7-115B 436,393 920,841

Cu-7-115C 435,898 920,940

Cu-7-116 435,598 920,933

Cu-7-117 434,950 921,233

Cu-7-117A 434,721 921,074

Cu-7-118 434,425 921,091

Cu-7-119 432,881 920,925

Cu-7-120 432,240 920,985

Cu-7-121 431,820 921,030

Cu-7-122 431,222 921,095

Cu-7-123 430,698 921,141

Cu-7-124 429,964 921,198

Cu-7-125 429,404 921,250

Cu-7-126 429,064 921,277

Cu-7-127 428,608 921,329

Cu-7-128 427,876 921,437

Cu-7-129 427,588 921,493

Cu-7-130 427,138 921,552

Cu-7-131 426,625 921,618

Cu-7-132 426,249 921,697

Cu-7-133 425,467 921,779

Cu-7-134 425,094 921,840

Cu-7-135 423,993 922,034

Cu-7-136 422,788 922,252

Cu-7-137 421,853 922,429

Cu-7-138 420,941 922,654

Cu-7-139 420,101 922,802

Cu-7-140 419,416 922,851

Cu-7-141 418,960 922,865

Cu-7-142 418,592 922,781

Cu-7-143 418,496 922,860

Cu-7-144 418,385 922,891

Cu-7-145 418,349 922,984

Cu-7-146 418,367 923,067

Cu-7-147 418,201 923,092

Cu-7-148 418,115 923,013

Cu-7-149 418,111 922,682

Cu-7-150 418,049 922,580

Cu-7-151 417,545 922,553

Cu-7-152 417,411 922,632

Cu-7-153 417,264 922,485

Cu-7-154 417,166 922,469

Cu-7-155 417,174 922,401

Description of Location of Point Number Cu-7-155: A point near the north end of the headlands on the north side of The Heads at Port Orford located in section 6 of township 33 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-156 417,164 926,366

Description of Location of Point Number Cu-7-156: A point near the east end of the headlands at Graveyard Point located in section 5 of township 33 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-157 417,377 926,537

Cu-7-158 417,522 926,867

Cu-7-159 417,575 927,163

Cu-7-160 417,534 927,457

Cu-7-161 417,280 927,591

Cu-7-162 417,293 927,687

Cu-7-163 417,496 927,929

Cu-7-164 417,663 928,027

Cu-7-165 417,684 928,143

Cu-7-166 417,693 928,354

Cu-7-167 417,677 928,529

Description of Location of Point Number Cu-7-167: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 4 of township 33 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-167A 415,194 932,338

Description of Location of Point Number Cu-7-167A: A point near the south boundary of property owned through the State Parks and Recreation Department and near Hubbard Creek located in section 9 of township 33 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-167B 414,837 932,459

Cu-7-167C 414,465 932,723

Cu-7-167D 414,393 932,841

Cu-7-167E 414,074 933,166

Description of Location of Point Number Cu-7-167E: A point near the north boundary of property owned through the State Parks and Recreation Department located near the section line between section 9 and section 10 of township 33 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-168 387,665 946,358

Description of Location of Point Number Cu-7-168: A point near the south end of the headlands at Humbug Mountain located in section 1 of township 34 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-169 387,513 946,975

Cu-7-170 387,317 947,324

Cu-7-171 386,789 947,744

Cu-7-172 386,635 947,941

Cu-7-173 386,522 947,888

Cu-7-174 385,894 948,151

Description of Location of Point Number Cu-7-174: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 6 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-175 372,047 950,729

Description of Location of Point Number Cu-7-175: A point near the south end of the first headlands south of Lookout Rock located in section 19 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-176 372,002 950,847

Cu-7-177 371,704 951,058

Cu-7-178 371,593 951,098

Cu-7-179 371,013 951,190

Cu-7-180 371,011 951,243

Cu-7-181 370,627 951,250

Cu-7-182 370,015 951,386

Cu-7-182A 369,639 951,391

Cu-7-183 369,389 951,143

Cu-7-184 369,322 951,076

Cu-7-185 368,854 950,922

Cu-7-186 368,488 950,650

Cu-7-187 368,297 950,580

Cu-7-188 367,647 950,767

Cu-7-189 366,689 950,737

Cu-7-190 366,317 950,658

Cu-7-191 366,138 950,541

Cu-7-192 365,769 950,590

Cu-7-193 365,508 950,586

Cu-7-194 365,101 950,335

Cu-7-195 364,751 950,302

Cu-7-196 364,387 950,403

Description of Location of Point Number Cu-7-196: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 30 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-197 362,813 950,030

Description of Location of Point Number Cu-7-197: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 31 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-198 362,702 949,975

Cu-7-199 362,664 949,867

Cu-7-200 362,399 949,498

Cu-7-201 362,444 949,369

Description of Location of Point Number Cu-7-201: A point near the north end of the headlands at Sisters Rocks located in section 31 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-202 361,997 949,593

Description of Location of Point Number Cu-7-202: A point near the east end of the headlands on the south side of Sisters Rocks located in section 31 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-203 362,121 949,727

Cu-7-204 362,173 949,869

Cu-7-205 362,160 949,970

Cu-7-206 361,999 950,165

Cu-7-207 361,969 950,430

Cu-7-208 361,510 950,798

Cu-7-209 361,292 950,853

Cu-7-210 361,122 950,953

Cu-7-211 360,606 951,087

Cu-7-212 360,459 951,114

Cu-7-213 360,517 951,183

Cu-7-214 360,450 951,314

Cu-7-215 360,134 951,451

Cu-7-216 360,012 951,442

Cu-7-217 359,587 951,452

Cu-7-218 359,368 951,721

Cu-7-219 359,145 951,794

Description of Location of Point Number Cu-7-219: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 32 of township 34 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-220 357,690 952,165

Description of Location of Point Number Cu-7-220: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 5 of township 35 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-221 357,476 952,176

Cu-7-221A 357,111 952,003

Cu-7-221B 356,695 951,879

Cu-7-222 356,625 951,808

Cu-7-222A 356,493 951,585

Cu-7-222B 356,263 951,649

Cu-7-222C 356,323 951,775

Cu-7-223 356,455 951,847

Cu-7-224 356,487 952,018

Cu-7-225 356,391 952,207

Description of Location of Point Number Cu-7-225: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 5 of township 35 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-226 354,226 952,943

Description of Location of Point Number Cu-7-226: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 5 of township 35 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-226A 353,863 952,893

Cu-7-226B 353,626 952,933

Cu-7-227 353,146 952,852

Cu-7-228 353,058 952,718

Cu-7-229 352,840 952,706

Cu-7-230 352,633 952,769

Cu-7-231 351,862 952,627

Cu-7-232 351,477 952,632

Cu-7-232A 350,538 952,721

Cu-7-232B 349,420 952,752

Cu-7-233 349,083 952,680

Cu-7-234 348,478 952,367

Cu-7-234A 348,283 952,216

Cu-7-234B 348,268 952,170

Cu-7-234C 348,210 952,173

Cu-7-234D 348,060 952,066

Cu-7-235 348,028 951,988

Cu-7-235A 347,971 951,987

Cu-7-235B 347,787 951,883

Cu-7-235C 347,785 951,844

Cu-7-235D 347,741 951,853

Cu-7-236 347,644 951,774

Description of Location of Point Number Cu-7-236: A point near the north boundary of property owned through the State Parks and Recreation Department and located near the section line between section 8 and section 17 of township 35 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-237 333,550 946,491

Description of Location of Point Number Cu-7-237: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 30 of township 35 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-237A 333,494 946,351

Cu-7-238 333,300 946,191

Cu-7-239 332,866 946,032

Cu-7-240 332,566 945,795

Cu-7-241 332,146 945,613

Cu-7-242 331,983 945,634

Cu-7-243 331,576 945,411

Cu-7-244 331,475 945,311

Cu-7-245 330,699 944,933

Cu-7-246 330,397 944,802

Cu-7-247 330,267 944,738

Cu-7-248 330,042 944,681

Cu-7-249 329,435 944,417

Cu-7-250 329,020 944,195

Cu-7-251 328,553 943,911

Cu-7-252 328,291 943,737

Cu-7-253 328,223 943,648

Cu-7-254 327,927 943,419

Cu-7-255 327,780 943,235

Cu-7-256 327,620 943,178

Cu-7-257 327,429 943,048

Cu-7-258 327,406 942,965

Description of Location of Point Number Cu-7-258: A point near the north end of the first headlands south of Nesika Beach located in section 36 of township 35 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-259 327,129 943,003

Description of Location of Point Number Cu-7-259: A point near the south end of the first headlands south of Nesika Beach located in section 36 of township 35 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-260 327,142 943,114

Cu-7-261 327,108 943,217

Cu-7-262 326,970 943,331

Cu-7-263 326,722 943,382

Cu-7-264 326,467 943,198

Cu-7-265 326,241 943,072

Cu-7-266 325,990 943,172

Cu-7-267 325,794 943,124

Cu-7-268 325,798 943,026

Description of Location of Point Number Cu-7-268: A point near the north end of the headlands west of Geisel Monument State Park located in section 1 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-269 325,323 943,307

Description of Location of Point Number Cu-7-269: A point near the south end of the headlands west of Geisel Monument State Park located in section 1 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-270 325,296 943,418

Cu-7-271 325,230 943,486

Cu-7-272 324,897 943,617

Cu-7-273 324,613 943,583

Cu-7-274 323,664 943,235

Cu-7-275 323,431 943,126

Cu-7-276 322,581 942,873

Cu-7-277 322,427 942,803

Cu-7-278 322,251 942,654

Cu-7-279 322,155 942,643

Cu-7-280 321,834 942,541

Cu-7-281 321,401 942,493

Cu-7-282 321,303 942,516

Cu-7-283 321,162 942,457

Cu-7-284 320,966 942,548

Cu-7-285 320,879 942,553

Cu-7-286 320,735 942,469

Cu-7-287 320,662 942,356

Cu-7-288 320,706 942,189

Description of Location of Point Number Cu-7-288: A point near the north end of the headlands on the north side of Hubbard Mound located in section 12 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-289 319,993 942,104

Description of Location of Point Number Cu-7-289: A point near the south end of the headlands on the south side of Hubbard Mound located in section 12 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-290 319,969 942,269

Cu-7-291 319,871 942,369

Cu-7-292 319,716 942,455

Cu-7-293 319,658 942,530

Cu-7-294 319,339 942,693

Cu-7-295 318,872 942,734

Cu-7-296 318,543 942,722

Cu-7-297 318,142 942,591

Cu-7-298 318,097 942,673

Cu-7-299 317,962 942,733

Cu-7-300 317,655 942,687

Cu-7-301 317,489 942,581

Cu-7-302 317,207 942,446

Cu-7-303 317,083 942,404

Cu-7-304 316,624 942,415

Cu-7-305 316,508 942,342

Cu-7-306 316,249 942,464

Cu-7-307 316,067 942,452

Cu-7-308 315,770 942,318

Cu-7-309 315,502 942,118

Cu-7-310 315,456 942,061

Description of Location of Point Number Cu-7-310: A point near the north end of the headlands on the north side of Otter Point located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-311 314,647 942,005

Description of Location of Point Number Cu-7-311: A point near the south end of the headlands on the south side of Otter Point located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-312 314,646 942,186

Cu-7-313 314,446 942,420

Cu-7-314 314,281 942,516

Description of Location of Point Number Cu-7-314: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-315 311,671 941,575

Description of Location of Point Number Cu-7-315: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 13 of township 36 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-316 311,148 941,107

Cu-7-317 310,653 940,806

Cu-7-318 310,462 940,576

Cu-7-319 309,914 940,219

Cu-7-320 309,762 940,223

Cu-7-321 309,704 940,033

Cu-7-322 309,061 939,705

Cu-7-323 308,802 939,615

Cu-7-324 308,759 939,502

Cu-7-325 308,405 939,278

Cu-7-326 307,772 938,993

Cu-7-327 307,297 938,681

Cu-7-328 306,432 938,442

Cu-7-329 305,981 938,395

Cu-7-330 305,681 938,412

Cu-7-331 303,769 938,681

Cu-7-332 303,158 938,841

Cu-7-333 301,995 939,029

Cu-7-334 301,380 939,121

Cu-7-335 300,895 939,188

Cu-7-336 300,624 939,280

Cu-7-337 299,561 940,144

Cu-7-338 299,278 940,253

Cu-7-339 298,493 940,355

Cu-7-340 298,023 940,373

Cu-7-341 297,112 940,531

Cu-7-342 296,463 940,567

Cu-7-343 296,190 940,557

Cu-7-344 295,912 940,563

Cu-7-345 295,542 940,675

Cu-7-346 295,184 940,661

Cu-7-347 294,436 940,637

Cu-7-348 293,721 940,721

Cu-7-349 293,103 940,677

Cu-7-350 292,924 940,726

Cu-7-351 292,754 940,655

Cu-7-352 292,555 940,699

Cu-7-353 292,331 940,649

Cu-7-354 291,538 940,671

Cu-7-355 290,969 940,618

Cu-7-356 290,488 940,639

Cu-7-357 289,821 940,602

Cu-7-358 289,127 940,603

Cu-7-359 288,874 940,656

Cu-7-360 288,782 940,825

Cu-7-361 288,451 940,821

Cu-7-362 288,296 940,866

Cu-7-363 287,858 940,876

Description of Location of Point Number Cu-7-363: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 12 of township 37 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-364 283,800 940,465

Description of Location of Point Number Cu-7-364: A point near the south boundary of Buena Vista Ocean Wayside located in section 13 of township 37 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-365 282,516 940,370

Cu-7-366 282,438 940,462

Cu-7-367 282,176 940,320

Cu-7-368 282,064 940,292

Cu-7-369 281,788 940,445

Cu-7-370 281,665 940,291

Cu-7-371 281,395 940,250

Cu-7-372 281,221 940,363

Cu-7-373 281,096 940,249

Cu-7-374 280,653 940,150

Cu-7-375 280,355 940,255

Cu-7-376 280,226 940,089

Cu-7-377 279,929 940,062

Cu-7-378 279,622 940,290

Cu-7-379 279,513 940,014

Cu-7-380 279,232 939,978

Cu-7-381 278,950 940,192

Cu-7-382 278,891 940,095

Description of Location of Point Number Cu-7-382: A point near the north boundary of Cape Sebastian State Park located in section 24 of township 37 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-383 274,342 939,579

Description of Location of Point Number Cu-7-383: A point near the south boundary of Cape Sebastian State Park located in section 25 of township 37 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-384 273,523 939,403

Cu-7-385 273,238 939,357

Cu-7-386 272,272 939,252

Cu-7-387 271,793 939,200

Cu-7-388 271,676 939,279

Cu-7-389 271,153 939,118

Cu-7-390 270,856 939,215

Cu-7-391 270,695 939,168

Cu-7-392 270,576 939,067

Cu-7-393 270,530 938,848

Description of Location of Point Number Cu-7-393: A point near the north end of the headlands on the north side of Cape Sebastian located in section 25 of township 37 south, range 15 west of the Willamette Meridian in Curry County.

Cu-7-394 252,193 943,857

Description of Location of Point Number Cu-7-394: A point near the south boundary of Pistol River State Park located in the north half of section 18 of township 38 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-395 251,337 943,988

Cu-7-396 250,834 943,982

Cu-7-397 250,150 943,917

Cu-7-398 249,456 943,857

Cu-7-399 249,221 943,848

Cu-7-400 248,941 943,837

Description of Location of Point Number Cu-7-400: A point near the north boundary of Pistol River State Park located in the south half of section 18 of township 38 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-401 237,990 941,097

Description of Location of Point Number Cu-7-401: A point near the east end of the headlands on the southeast side of Crook Point located in section 30 of township 38 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-402 238,002 941,155

Cu-7-403 237,911 941,355

Cu-7-404 237,763 941,532

Cu-7-405 237,760 941,572

Cu-7-406 237,668 941,620

Cu-7-407 237,678 941,691

Cu-7-408 237,443 941,869

Cu-7-409 237,132 942,050

Cu-7-410 237,039 942,168

Cu-7-411 236,964 942,398

Cu-7-412 236,877 942,491

Cu-7-413 236,760 942,718

Cu-7-414 236,379 942,999

Cu-7-415 236,173 943,040

Cu-7-416 236,194 943,117

Cu-7-417 236,080 943,272

Cu-7-418 235,875 943,438

Cu-7-419 235,756 943,434

Cu-7-420 235,362 943,676

Cu-7-421 235,067 943,889

Cu-7-422 234,713 944,091

Cu-7-423 234,438 944,109

Cu-7-424 234,202 944,131

Cu-7-425 233,875 944,273

Cu-7-426 233,767 944,603

Cu-7-426A 233,796 944,765

Cu-7-427 233,751 944,956

Cu-7-428 233,658 945,132

Cu-7-429 233,426 945,412

Cu-7-430 233,190 945,531

Cu-7-431 232,977 945,586

Cu-7-432 232,849 945,773

Cu-7-433 232,791 945,872

Cu-7-434 232,500 946,110

Cu-7-435 232,162 946,219

Cu-7-436 231,955 946,251

Cu-7-437 231,935 946,363

Cu-7-438 231,796 946,495

Cu-7-439 231,567 946,582

Cu-7-440 231,481 946,552

Description of Location of Point Number Cu-7-440: A point near the north end of the headlands north of Burnt Hill Creek located in section 5 of township 39 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-441 230,977 947,008

Description of Location of Point Number Cu-7-441: A point near the south end of the headlands north of Burnt Hill Creek located in section 5 of township 39 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-442 231,019 947,130

Cu-7-443 230,972 947,316

Cu-7-444 230,895 947,402

Cu-7-445 230,752 947,520

Cu-7-446 230,697 947,583

Cu-7-447 230,628 947,614

Cu-7-448 230,477 947,633

Cu-7-449 230,135 947,791

Cu-7-450 229,994 947,781

Cu-7-451 229,919 947,725

Description of Location of Point Number Cu-7-451: A point near the north end of the headlands near the north boundary of Samuel H. Boardman State Park located in section 5 of township 39 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-452 177,049 960,075

Description of Location of Point Number Cu-7-452: A point near the south end of the headlands near the south boundary of Samuel H. Boardman State Park located in section 26 of township 40 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-453 176,938 960,255

Cu-7-454 176,778 960,301

Cu-7-455 176,776 960,437

Cu-7-456 176,688 960,619

Cu-7-457 176,723 960,706

Cu-7-457A 176,616 960,798

Cu-7-458 176,725 960,970

Cu-7-459 176,621 961,227

Description of Location of Point Number Cu-7-459: A point near the north boundary of property owned through the State Parks and Recreation Department located in section 26 of township 40 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-460 175,617 962,284

Description of Location of Point Number Cu-7-460: A point near the south boundary of property owned through the State Parks and Recreation Department located in section 26 of township 40 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-461 175,336 962,456

Cu-7-462 175,076 962,452

Cu-7-463 174,992 962,337

Cu-7-464 174,936 962,390

Cu-7-465 174,996 962,494

Cu-7-466 174,970 962,593

Cu-7-467 174,815 962,691

Cu-7-468 174,652 962,717

Cu-7-469 174,604 962,765

Cu-7-470 174,344 962,837

Cu-7-470A 174,254 962,835

Cu-7-471 174,119 962,857

Cu-7-472 173,877 963,022

Cu-7-473 173,421 963,236

Cu-7-474 173,343 963,406

Cu-7-475 172,855 963,444

Cu-7-476 172,833 963,492

Cu-7-477 172,571 963,517

Cu-7-478 172,417 963,455

Cu-7-479 172,156 963,399

Cu-7-480 171,905 963,355

Cu-7-481 171,841 963,486

Cu-7-482 171,808 963,616

Cu-7-483 171,692 963,608

Cu-7-484 171,548 963,525

Cu-7-485 171,508 963,583

Cu-7-486 171,466 963,796

Cu-7-487 171,338 963,936

Cu-7-488 171,006 963,958

Cu-7-489 170,889 964,062

Cu-7-490 170,615 964,243

Cu-7-490A 170,488 964,371

Cu-7-490B 170,355 964,425

Cu-7-490C 170,244 964,513

Cu-7-491 170,247 964,622

Cu-7-492 170,159 964,671

Cu-7-493 170,070 964,634

Description of Location of Point Number Cu-7-493: A point near the north boundary of Harris Beach State Park located in section 36 of township 40 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-494 167,853 967,675

Description of Location of Point Number Cu-7-494: A point near the south boundary of Harris Beach State Park located in section 1 of township 41 south, range 14 west of the Willamette Meridian in Curry County.

Cu-7-495 167,343 967,740

Cu-7-496 167,165 967,873

Cu-7-497 167,182 968,104

Cu-7-498 167,085 968,102

Cu-7-499 166,970 967,980

Cu-7-500 166,890 968,034

Cu-7-501 166,964 968,161

Cu-7-502 166,670 968,413

Cu-7-503 166,255 968,316

Cu-7-504 166,208 968,417

Cu-7-505 166,058 968,514

Cu-7-506 165,819 968,568

Cu-7-507 165,408 968,579

Cu-7-508 165,297 968,503

Cu-7-509 165,316 968,399

Cu-7-510 165,020 968,444

Cu-7-511 165,071 968,490

Cu-7-512 165,053 968,567

Cu-7-513 164,962 968,643

Description of Location of Point Number Cu-7-513: A point at the north end of the headlands just west of Hub Street in the City of Brookings located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-514 164,204 968,716

Description of Location of Point Number Cu-7-514: A point near the south end of the headlands just west of Iris Street in the City of Brookings located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-515 164,065 968,790

Cu-7-516 163,964 968,738

Description of Location of Point Number Cu-7-516: A point near the north end of the headlands west of Collis Lane in the City of Brookings located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-517 163,616 969,413

Description of Location of Point Number Cu-7-517: A point near the south end of the first headlands north of Chetco Point located in section 6 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-518 163,660 969,483

Cu-7-519 163,496 969,623

Cu-7-520 163,239 969,733

Cu-7-521 163,141 969,816

Cu-7-522 162,930 969,884

Cu-7-523 162,846 970,003

Cu-7-524 162,822 970,636

Cu-7-525 162,636 971,054

Cu-7-526 162,516 971,217

Cu-7-527 162,288 971,353

Cu-7-528 162,091 971,398

Cu-7-529 161,990 971,371

Cu-7-530 161,846 971,291

Cu-7-531 161,802 971,399

Cu-7-532 161,639 971,433

Cu-7-533 161,413 971,424

Cu-7-534 161,267 971,363

Cu-7-535 161,253 971,316

Cu-7-536 161,058 971,038

Cu-7-537 161,032 970,945

Cu-7-538 161,085 970,906

Description of Location of Point Number Cu-7-538: A point near the east end of the headlands on the north side of Chetco Point located in section 7 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-539 160,835 970,993

Description of Location of Point Number Cu-7-539: A point near the southeast end of the headlands on the south side of Chetco Point located in section 7 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-540 160,877 970,982

Cu-7-541 160,984 971,113

Cu-7-542 161,056 971,337

Cu-7-543 161,327 971,526

Cu-7-544 161,346 971,624

Cu-7-545 161,442 971,619

Cu-7-546 161,543 971,869

Cu-7-547 161,541 972,098

Cu-7-548 161,476 972,284

Cu-7-549 161,427 972,320

Cu-7-550 161,528 972,418

Cu-7-551 161,698 972,784

Cu-7-552 161,633 973,055

Cu-7-553 161,548 973,154

Cu-7-554 161,282 973,278

Cu-7-555 161,127 973,267

Cu-7-556 161,104 973,227

Cu-7-557 161,116 973,168

Description of Location of Point Number Cu-7-557: A point near the north end of the headlands on the north side of Chetco Cove located in section 7 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-558 161,504 974,502

Description of Location of Point Number Cu-7-558: A point near the east end of the headlands on the north side of Chetco Cove located in section 8 of township 41 south, range 13 west of the Willamette Meridian in Curry County.

Cu-7-559 161,529 974,635

Cu-7-560 161,544 974,866

Cu-7-561 161,649 975,127

Cu-7-562 161,562 975,508

Cu-7-563 161,508 975,746

Cu-7-564 161,526 975,953

Cu-7-565 161,433 976,127

Cu-7-566 160,379 977,263

Cu-7-567 160,031 977,584

Cu-7-568 159,387 978,208

Cu-7-569 158,715 978,406

Cu-7-570 158,434 978,624

Cu-7-571 158,159 978,719

Cu-7-572 158,032 978,847

Cu-7-573 157,479 978,988

Cu-7-574 157,462 979,134

Cu-7-575 157,198 979,298

Cu-7-576 156,876 979,630

Cu-7-577 156,780 979,674

Cu-7-578 156,637 980,008

Cu-7-579 156,570 979,994

Cu-7-580 156,547 980,077

Cu-7-581 155,833 980,413

Cu-7-582 155,518 980,627

Cu-7-583 155,145 980,715

Cu-7-584 155,047 980,689

Cu-7-585 155,067 980,612

Cu-7-586 154,825 980,572

Cu-7-587 154,813 980,617

Cu-7-588 154,921 980,757

Cu-7-589 154,852 980,881

Cu-7-590 154,945 980,926

Cu-7-591 154,890 981,077

Cu-7-592 154,457 981,657

Cu-7-593 154,205 981,833

Cu-7-594 153,898 982,094

Cu-7-595 154,197 982,374

Cu-7-596 154,187 982,498

Cu-7-597 153,956 982,999

Cu-7-598 153,474 983,252

Cu-7-599 153,305 983,531

Cu-7-600 153,286 983,807

Cu-7-601 153,013 984,447

Cu-7-602 152,765 984,652

Cu-7-603 152,662 984,708

Cu-7-604 152,633 984,751

Cu-7-605 151,850 985,113

Cu-7-606 151,497 985,195

Cu-7-607 151,277 985,196

Cu-7-608 150,861 985,540

Cu-7-609 150,632 985,569

Cu-7-610 150,504 985,688

Cu-7-611 150,030 986,310

Cu-7-612 149,534 986,461

Cu-7-613 149,266 986,445

Cu-7-614 149,132 986,537

Cu-7-615 149,047 986,629

Cu-7-616 149,098 986,767

Cu-7-617 148,936 986,896

Cu-7-618 148,797 986,890

Cu-7-619 149,033 987,119

Cu-7-620 149,030 987,307

Cu-7-621 148,949 987,399

Cu-7-622 147,977 988,656

Cu-7-623 147,740 989,001

Cu-7-624 147,212 989,610

Cu-7-625 146,900 989,883

Cu-7-626 146,614 990,134

Cu-7-626A 146,463 990,180

Cu-7-627 146,242 990,362

Cu-7-627A 146,106 990,481

Cu-7-628 146,007 990,676

Cu-7-628A 146,030 990,783

Cu-7-629 146,181 990,926

Cu-7-629A 146,439 991,778

Cu-7-629B 145,626 992,092

Cu-7-629C 145,317 991,861

Cu-7-630 145,288 991,314

Cu-7-631 145,176 991,095

Cu-7-632 144,723 991,295

Cu-7-633 143,886 991,657

Cu-7-634 143,339 991,832

Description of Location of Point Number Cu-7-634: A point near the Oregon-California boundary and near the line located between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California. [1969 c.601 §8]

390.775 [1977 c.263 §1; repealed by 1983 c.338 §978]

390.780 [1977 c.263 §2; 1981 c.239 §1; repealed by 1983 c.338 §978]

390.785 [1977 c.263 §3; 1979 c.819 §1; repealed by 1983 c.338 §978]

390.790 [1977 c.263 §4; 1979 c.819 §2; repealed by 1983 c.338 §978]

390.792 [1979 c.819 §4; 1983 c.335 §1; repealed by 1983 c.338 §978]

390.795 [1977 c.263 §5; 1983 c.335 §2; repealed by 1983 c.338 §978]

SCENIC WATERWAYS

390.805 Definitions for ORS 390.805 to 390.925. As used in ORS 390.805 to 390.925, unless the context requires otherwise:

(1) "Related adjacent land" means all land within one-fourth of one mile of the bank on the side of Waldo Lake, or a river or segment of river within a scenic waterway, except land that, in the department’s judgment, does not affect the view from the waters within a scenic waterway.

(2) "Scenic easement" means the right to control the use of related adjacent land, including air space above such land, for the purpose of protecting the scenic view from waters within a scenic waterway; but such control does not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement, and the landowner retains the right to uses of the land not specifically restricted by the easement.

(3) "Scenic waterway" means Waldo Lake, or a river or segment of river that has been designated as such in accordance with ORS 390.805 to 390.925 or any subsequent Act, and includes related adjacent land. [1971 c.1 §2; 1981 c.787 §55; 1983 c.334 §1; 1983 c.642 §10; 1989 c.904 §25; 1995 c.79 §203; 2001 c.104 §132]

390.815 Policy; establishment of system. The people of Oregon find that many of the free-flowing rivers of Oregon and Waldo Lake and lands adjacent to such lake and rivers possess outstanding scenic, fish, wildlife, geological, botanical, historic, archaeologic, and outdoor recreation values of present and future benefit to the public. The people of Oregon also find that the policy of permitting construction of dams and other impoundment facilities at appropriate sections of the rivers of Oregon and Waldo Lake needs to be complemented by a policy that would preserve Waldo Lake and selected rivers or sections thereof in a free-flowing condition and would protect and preserve the natural setting and water quality of the lake and such rivers and fulfill other conservation purposes. It is therefore the policy of Oregon to preserve for the benefit of the public Waldo Lake and selected parts of the state’s free-flowing rivers. For these purposes there is established an Oregon Scenic Waterways System to be composed of areas designated in accordance with ORS 390.805 to 390.925 and any subsequent Acts. [1971 c.1 §1; 1983 c.334 §2]

390.825 [1971 c.1 §3; 1975 c.612 §1; 1977 c.671 §1; 1983 c.334 §3; 1985 c.781 §§1,2; 1987 c.291 §1; repealed by 1989 c.2 §1 (390.826 enacted in lieu of 390.825)]

390.826 Designated scenic waterways. The following lakes and rivers, or segments of rivers, and related adjacent land are designated as scenic waterways:

(1) The Metolius Scenic Waterway which includes the Metolius River from Metolius Springs downstream to its confluence with Candle Creek.

(2) The Klamath Scenic Waterway which includes the Klamath River from the John Boyle Dam powerhouse downstream to the Oregon-California border.

(3) The Clackamas Scenic Waterway which includes:

(a) The segments of the Clackamas River from the boundary of the Olallie Lake Scenic Area, as constituted on December 8, 1988, downstream to the North Fork Reservoir, and from immediately below the River Mill Dam downstream to the bridge at Carver;

(b) The South Fork Clackamas River from its confluence with an unnamed tributary near the western boundary of Section 7, Township 5 South, Range 5 East, Willamette Meridian, downstream to the confluence of the South Fork Clackamas River with the Clackamas River; and

(c) The North Fork Clackamas River from its source downstream to the North Fork Reservoir.

(4) The McKenzie Scenic Waterway which includes:

(a) The segments of the McKenzie River from Clear Lake downstream to Carmen Reservoir, from Tamolitch Falls downstream to Trail Bridge Reservoir and from Trail Bridge Dam downstream to Paradise Campground; and

(b) The segments of the South Fork McKenzie River from the boundary of the Three Sisters Wilderness, as constituted on December 8, 1988, downstream to Cougar Reservoir, and from immediately below Cougar Dam downstream to its confluence with the McKenzie River.

(5) The Deschutes Scenic Waterway which includes the segments of the Deschutes River from Little Lava Lake downstream to Crane Prairie Reservoir, from the gaging station immediately below Wickiup Dam downstream to General Patch Bridge, from Harper Bridge downstream to the Central Oregon Irrigation District’s diversion structure (near river mile 171), from Robert Sawyer Park downstream to Tumalo State Park, from Deschutes Market Road Bridge downstream to Lake Billy Chinook Reservoir (excluding the Cline Falls hydroelectric facility near river mile 145), and from immediately below the existing Pelton reregulating dam downstream to the confluence of the Deschutes River with the Columbia River, excluding the City of Maupin as its boundaries are constituted on October 4, 1977.

(6) The Santiam Scenic Waterway which includes the Little North Fork of the Santiam River from the confluence of Battle Ax Creek and Opal Creek downstream to the boundary of the Willamette National Forest, as constituted on September 20, 1985.

(7) The John Day Scenic Waterway which includes:

(a) The John Day River from its confluence with Parrish Creek downstream to Tumwater Falls;

(b) The North Fork John Day River from the boundary of the North Fork John Day Wilderness (near river mile 76), as constituted on December 8, 1988, downstream to the northern boundary of the south one-half of Section 20, Township 8 South, Range 28 East, Willamette Meridian;

(c) The Middle Fork John Day River from its confluence with Crawford Creek (near river mile 71) downstream to the confluence of the Middle Fork John Day River with the North Fork John Day River; and

(d) The South Fork John Day River from the Post-Paulina road crossing (near river mile 35) downstream to the northern boundary of the Murderer’s Creek Wildlife Area, as constituted on December 8, 1988 (near river mile 6).

(8) The Illinois Scenic Waterway which includes the Illinois River from its confluence with Deer Creek downstream to its confluence with the Rogue River.

(9) The Rogue Scenic Waterway which includes the segments of the Rogue River from the boundary of Crater Lake National Park, as constituted on December 8, 1988, downstream to the boundary of the Rogue River National Forest, as constituted on December 8, 1988 (near river mile 173), and from the confluence of the Rogue River with the Applegate River downstream to Lobster Creek Bridge.

(10) The Umpqua Scenic Waterway which includes the segments of the North Umpqua River from the boundary of the Mt. Thielsen Wilderness, as constituted on December 8, 1988, downstream to Lemolo Reservoir, and from the Soda Springs Dam powerhouse downstream to its confluence with Rock Creek (near Idleyld Park).

(11) The Nestucca Scenic Waterway which includes:

(a) The Nestucca River from immediately below the McGuire Dam downstream to its confluence with East Creek (near Blaine); and

(b) Walker Creek from its source downstream to its confluence with the Nestucca River.

(12) The Wallowa-Grande Ronde Scenic Waterway which includes:

(a) The Grande Ronde River from its confluence with the Wallowa River downstream to the Oregon-Washington border; and

(b) The Wallowa River from its confluence with the Minam River downstream to the confluence of the Wallowa River with the Grande Ronde River.

(13) The Minam Scenic Waterway which includes the Minam River from Minam Lake downstream to its confluence with the Wallowa River.

(14) The Elk Scenic Waterway which includes:

(a) The Elk River from the confluence of the North Fork Elk River and South Fork Elk River downstream to the Elk River fish hatchery;

(b) The North Fork Elk River from its source downstream to its confluence with the South Fork Elk River; and

(c) The South Fork Elk River from its source downstream to its confluence with the North Fork Elk River.

(15) The Owyhee Scenic Waterway which includes:

(a) The South Fork Owyhee River from the Oregon-Idaho border downstream to Three Forks; and

(b) The Owyhee River from Crooked Creek (near river mile 118) downstream to the mouth of Birch Creek (near river mile 76).

(16) The North Fork of the Middle Fork Willamette Scenic Waterway which includes the North Fork of the Middle Fork Willamette River from Waldo Lake downstream to a point one mile upstream from the railroad bridge near the town of Westfir.

(17) The Waldo Lake Scenic Waterway which includes Waldo Lake in Lane County. [1989 c.2 §2 (enacted in lieu of 390.825)]

390.827 Effect of ORS 390.826 on rights of Indian tribes. Nothing in ORS 390.826 shall:

(1) Affect or modify any treaty or other rights of any Indian tribe; or

(2) Affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes. [1989 c.2 §3]

Note: 390.827 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.835 Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining. (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. No dam, or reservoir, or other water impoundment facility shall be constructed on waters within scenic waterways. No water diversion facility shall be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies set forth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and enforce the provisions of this subsection.

(2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Division of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 to 390.925 for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 to 196.825 and 196.840 to 196.870 for removal of material from the beds and banks and filling of any waters of this state. The Director of the Division of State Lands shall administer and enforce the provisions of this subsection.

(3)(a) Upon a finding of emergency circumstances, the Director of the Division of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department.

(b) As used in this subsection, "emergency circumstances" exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property.

(4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835.

(5) Nothing in ORS 390.805 to 390.925 affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 to 390.925 affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws.

(6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed .005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (12) within or above a scenic waterway if the Water Resources Commission makes the following findings:

(a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder.

(c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925.

(d) If the water right is for human consumption, an additional finding that:

(A) The applicant cannot reasonably obtain water from any other source;

(B) Denial of the water right would result in loss of reasonable expectations for use of the property; and

(C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting.

(e) If the water right is for livestock consumption, an additional finding that:

(A) The right is necessary to prevent the livestock from watering in or along the stream bed;

(B) The applicant cannot reasonably obtain water from any other source; and

(C) The applicant has excluded livestock from the stream and its adjacent riparian zone.

(7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right.

(8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Division of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(9)(a) The provisions of this section shall not apply to a water right application for the use of ground water as defined in ORS 537.515, except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife.

(b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use.

(c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows.

(d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless:

(A) Mitigation is provided in accordance with subsection (10) of this section; or

(B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection.

(e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 to 537.795.

(f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water.

(g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced.

(h) Nothing in this subsection shall limit the use of ground water for a use exempted under ORS 537.545.

(10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife.

(11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 to 536.590 with respect to the waters within scenic waterways in conformity with the provisions of this section.

(12) As used in this section, "measurably reduce" means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Division of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find:

(a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder.

(c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925.

(14) No placer mining shall be permitted on waters within scenic waterways other than recreational placer mining.

(15) No person shall be required to obtain a permit for recreational prospecting resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present.

(16) No provision of this section shall be construed to exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 to 196.825 and 196.840 to 196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and 196.840 to 196.870.

(17) Recreational placer mining, other than recreational prospecting not requiring a permit, shall not:

(a) Dam or divert a waterway or obstruct fish passage;

(b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter;

(c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment;

(d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location;

(e) Include excavation from the streambank;

(f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site;

(g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel;

(h) Be conducted on federal lands except as allowed by agencies of the federal government;

(i) Impede boating;

(j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or

(k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site.

(18) As used in this section:

(a) "Bed" means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.

(b) "Prospecting" means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.

(c) "Recreational placer mining" includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. "Recreational placer mining" does not include recreational prospecting that does not require a permit.

(d) "Wet perimeter" means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs. [1971 c.1 §4; 1973 c.756 §1; 1977 c.671 §2; 1985 c.673 §177; 1989 c.320 §1; 1993 c.99 §1; 1995 c.223 §1; 1995 c.719 §1; 1997 c.223 §1; 1997 c.478 §1; 2001 c.499 §1]

Note: Operation of the amendments to 390.835 by section 8, chapter 516, Oregon Laws 2001, is dependent upon further approval by the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The text that is operative after that approval is set forth for the user’s convenience.

390.835. (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. A dam, reservoir or other water impoundment facility may not be constructed on waters within scenic waterways. A water diversion facility may not be constructed or used except by right previously established or as permitted by the Water Resources Commission, upon a finding that such diversion is necessary to uses designated in ORS 536.310 (12), and in a manner consistent with the policies set forth under ORS 390.805 to 390.925. The Water Resources Commission shall administer and enforce the provisions of this subsection.

(2) Filling of the beds or removal of material from or other alteration of the beds or banks of scenic waterways for purposes other than recreational prospecting not requiring a permit shall be prohibited, except as permitted by the Director of the Division of State Lands upon a finding that such activity would be consistent with the policies set forth under ORS 390.805 to 390.925 for scenic waterways and in a manner consistent with the policies set forth under ORS 196.800 to 196.825 and 196.840 to 196.870 for removal of material from the beds and banks and filling of any waters of this state. The Director of the Division of State Lands shall administer and enforce the provisions of this subsection.

(3)(a) Upon a finding of emergency circumstances, the Director of the Division of State Lands may issue a temporary permit for the removal, filling or alteration of the beds or banks within a scenic waterway. The temporary permit shall include conditions developed after consultation with the State Department of Fish and Wildlife and the State Parks and Recreation Department.

(b) As used in this subsection, "emergency circumstances" exist if prompt action is necessary to prevent irreparable harm, injury or damage to persons or property.

(4) Any person adversely affected or aggrieved by the grant or denial of a permit under subsection (2) or (3) of this section may appeal in accordance with the procedure set forth in ORS 196.835.

(5) Nothing in ORS 390.805 to 390.925 affects the authority of the State Fish and Wildlife Commission to construct facilities or make improvements to facilitate the passage or propagation of fish or to exercise other responsibilities in managing fish and wildlife resources. Nothing in ORS 390.805 to 390.925 affects the authority of the Water Resources Commission to construct and maintain stream gauge stations and other facilities related to the commission’s duties in administration of the water laws.

(6) Upon a finding of necessity under subsection (1) of this section, the Water Resources Commission may issue a water right for human consumption not to exceed .005 cubic feet per second per household, or livestock consumption uses not to exceed one-tenth of one cubic foot per second per 1,000 head of livestock, as designated in ORS 536.310 (12) within or above a scenic waterway if the Water Resources Commission makes the following findings:

(a) That issuing the water right does not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That issuing the water right is consistent with provisions pertaining to water appropriation and water rights under ORS chapters 536 and 537 and rules adopted thereunder.

(c) That construction, operation and maintenance of the diversion system will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925.

(d) If the water right is for human consumption, an additional finding that:

(A) The applicant cannot reasonably obtain water from any other source;

(B) Denial of the water right would result in loss of reasonable expectations for use of the property; and

(C) The system installed to divert water shall include monitoring equipment to permit water use measurement and reporting.

(e) If the water right is for livestock consumption, an additional finding that:

(A) The right is necessary to prevent the livestock from watering in or along the stream bed;

(B) The applicant cannot reasonably obtain water from any other source; and

(C) The applicant has excluded livestock from the stream and its adjacent riparian zone.

(7) In making the findings required under subsection (6) of this section, the Water Resources Commission shall consider the existing or potential cumulative impacts of issuing the water right.

(8) The Water Resources Commission may not allow human consumption and livestock uses authorized under subsection (6) of this section in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Commission, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Division of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(9)(a) The provisions of this section do not apply to a water right application for the use of ground water as defined in ORS 537.515, except upon a finding by the Water Resources Director based on a preponderance of evidence that the use of ground water will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife.

(b) The Water Resources Department shall review every application for the use of ground water to determine whether to make the finding specified in paragraph (a) of this subsection. The finding shall be based upon the application of generally accepted hydrogeologic methods using relevant and available field information concerning the proposed use.

(c) In making the determination required by paragraph (a) of this subsection, the Water Resources Department shall consider the timing of projected impacts of the proposed use in relation to other factors, including but not limited to: Changing climate, recharge, incidental precipitation, out-of-stream appropriations and return flows.

(d) If the Water Resources Director makes the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order denying the application unless:

(A) Mitigation is provided in accordance with subsection (10) of this section; or

(B) The applicant submits evidence to overcome the finding under paragraph (a) of this subsection.

(e) Except as provided under subsection (13) of this section, if the Water Resources Director does not make the finding specified in paragraph (a) of this subsection, the Water Resources Director shall issue an order approving the application if the application otherwise meets the requirements of ORS 537.505 to 537.795.

(f) A protest of any order issued under this subsection may be filed in the same manner as a protest on any application for a right to appropriate ground water.

(g) Each water right permit and certificate for appropriation of ground water issued after July 19, 1995, for which a source of appropriation is within or above a scenic waterway shall be conditioned to allow the regulation of the use if analysis of data available after the permit or certificate is issued discloses that the appropriation will measurably reduce the surface water flows necessary to maintain the free-flowing character of a scenic waterway in quantities necessary for recreation, fish and wildlife in effect as of the priority date of the right or as those quantities may be subsequently reduced.

(h) This subsection does not limit the use of ground water for a use exempted under ORS 537.545.

(10) The Water Resources Commission or Water Resources Director shall consider mitigation measures and may include mitigation measures as conditions in any water right permit or certificate to ensure the maintenance of the free-flowing character of the scenic waterway in quantities necessary for recreation, fish and wildlife.

(11) The Water Resources Commission and the Water Resources Director shall carry out their responsibilities under ORS 536.220 to 536.590 with respect to the waters within scenic waterways in conformity with the provisions of this section.

(12) As used in this section, "measurably reduce" means that the use authorized under subsection (9) of this section will individually or cumulatively reduce surface water flows within the scenic waterway in excess of a combined cumulative total of one percent of the average daily flow or one cubic foot per second, whichever is less, unless:

(a) The Water Resources Department, the State Parks and Recreation Department, the State Department of Fish and Wildlife, the Department of Environmental Quality and the Division of State Lands unanimously agree to exceed that amount; and

(b) Exceeding that amount will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(13) Before authorizing an appropriation that will reduce streamflows within a scenic waterway in amounts up to but not exceeding the amounts described in subsection (12) of this section, the Water Resources Director shall find:

(a) That the appropriation will not significantly impair the free-flowing character of these waters in quantities necessary for recreation, fish and wildlife.

(b) That the appropriation is consistent with provisions pertaining to water appropriations and water rights under ORS chapters 536 and 537 and the rules adopted thereunder.

(c) That construction, operation and maintenance of the appropriation will be carried out in a manner consistent with the purposes set forth in ORS 390.805 to 390.925.

(14) Placer mining is not permitted on waters within scenic waterways, other than recreational placer mining.

(15) A person may not be required to obtain a permit for recreational prospecting or other nonmotorized recreational activity resulting in the fill, removal or other alteration of less than one cubic yard of material at any one individual site and, cumulatively, not more than five cubic yards of material from within the bed or wet perimeter of any single scenic waterway in a single year. Recreational prospecting shall not occur at any site where fish eggs are present.

(16) This section does not exempt recreational placer mining on a scenic waterway, other than recreational prospecting not requiring a permit, from compliance with the provisions of ORS 196.800 to 196.825 and 196.840 to 196.870 or rules adopted pursuant to ORS 196.800 to 196.825 and 196.840 to 196.870.

(17) Recreational placer mining may not:

(a) Dam or divert a waterway or obstruct fish passage;

(b) Include nozzling, sluicing or digging outside the wet perimeter of the stream, nor extend the wet perimeter;

(c) Include movement of boulders, logs, stumps or other woody material from the wet perimeter other than movement by hand and nonmotorized equipment;

(d) Involve the disturbance of rooted or embedded woody plants, including trees and shrubs, regardless of their location;

(e) Include excavation from the streambank;

(f) Fail to level pits, piles, furrows or potholes outside the main channel of the waterway upon leaving the site;

(g) Include operation of a suction dredge without a suction dredge waste discharge permit from the Department of Environmental Quality including, but not limited to, a prohibition against dredging during periods when fish eggs could be in the dredging site gravel;

(h) Be conducted on federal lands except as allowed by agencies of the federal government;

(i) Impede boating;

(j) Include operation of a dredge between the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500 feet of a campground except within a federally designated recreational mining site; or

(k) Include operation of a dredge within the marked or posted swimming area of a designated campground or day use area except within a federally designated recreational mining site.

(18) As used in this section:

(a) "Bed" means the land within the wet perimeter and any adjacent nonvegetated dry gravel bar.

(b) "Prospecting" means to search or explore for samples of gold, silver or other precious minerals, using nonmotorized methods, from among small quantities of aggregate.

(c) "Recreational placer mining" includes, but is not limited to, the use of nonmotorized equipment and motorized surface dredges having an intake nozzle with an inside diameter not exceeding four inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding factory-installed noise reduction standards. "Recreational placer mining" does not include recreational prospecting that does not require a permit.

(d) "Wet perimeter" means the area of the stream that is underwater, or is exposed as a nonvegetated dry gravel bar island surrounded on all sides by actively moving water at the time the activity occurs.

Note: Sections 3 and 4, chapter 499, Oregon Laws 2001, provide:

Sec. 3. In order to make recommendations to better achieve the objectives and enhance the effectiveness of the Oregon Scenic Waterways System, the State Parks and Recreation Department shall complete a review of the system administered under ORS 390.805 to 390.925, including a review of the studies pertaining to the effects of recreational placer mining within scenic waterways. At the request of the State Parks and Recreation Department, the Division of State Lands, the Water Resources Department, the State Department of Fish and Wildlife, the State Marine Board and the Department of Environmental Quality shall assist in the review. The State Parks and Recreation Department may also request interested public parties to assist in the review. [2001 c.499 §3]

Sec. 4. Notwithstanding ORS 390.835, a permit or temporary permit for dredging issued by the Division of State Lands for the purpose of recreational placer mining within a scenic waterway is not valid after December 31, 2003, if the review described in section 3 of this 2001 Act has been completed and reported to the Seventy-second Legislative Assembly or, if the review has not been completed and reported to the Seventy-second Legislative Assembly, after December 31, 2005. [2001 c.499 §4]

390.845 Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules. (1) Except as provided in ORS 390.835, scenic waterways shall be administered by the State Parks and Recreation Department, each in such manner as to protect and enhance the values which caused such scenic waterway to be included in the system. In such administration primary emphasis shall be given to protecting the esthetic, scenic, fish and wildlife, scientific and recreation features, based on the special attributes of each area.

(2) After consultation with the State Board of Forestry, the State Department of Agriculture and the affected counties and with the concurrence of the Water Resources Commission, the department shall adopt rules governing the management of related adjacent land. Such rules shall be adopted in accordance with ORS 183.310 to 183.550. Such rules shall reflect management principles, standards and plans applicable to scenic waterways, their shore lines and related adjacent land and, if necessary, establish varying intensities of protection or development based on special attributes of each area. Such management principles, standards and plans shall protect or enhance the esthetic and scenic values of the scenic waterways and permit compatible agricultural, forestry and other land uses. Specifically, and not in limitation of the foregoing, such rules shall provide that:

(a) No roads, railroads or utilities shall be constructed within any scenic waterway except where necessary to serve the permissible uses, as defined in subsection (2) of this section and in the rules of the department, of the related adjacent land or unless department approval of such use is obtained as provided in subsection (4) or (5) of this section. The department wherever practicable shall require the sharing of land and air space by such roads, railroads and utilities. All permissible roads, railroads and utilities shall be located in such a manner as to minimize the disturbance of the natural beauty of a scenic waterway;

(b) Forest crops shall be harvested in such manner as to maintain as nearly as reasonably is practicable the natural beauty of the scenic waterway;

(c) Occupants of related adjacent land shall avoid pollution of waters within a scenic waterway;

(d) The surface of related adjacent land shall not be disturbed for prospecting or mining unless the department’s approval is obtained under subsection (4) or (5) of this section; and

(e) Unless department approval of the proposed use is obtained under subsection (4) or (5) of this section, no commercial, business or industrial structures or buildings other than structures or buildings erected in connection with an existing use shall be erected or placed on related adjacent land. All structures and buildings erected or placed on such land shall be in harmony with the natural beauty of the scenic waterway and shall be placed a sufficient distance from other structures or buildings so as not to impair substantially such natural beauty. No signs or other forms of outdoor advertising that are visible from waters within a scenic waterway shall be constructed or maintained.

(3) No person shall put related adjacent land to uses that violate ORS 390.805 to 390.925 or the rules of the department adopted under ORS 390.805 to 390.925 or to uses to which the land was not being put before December 3, 1970, or engage in the cutting of trees, or mining, or prospecting on such lands or construct roads, railroads, utilities, buildings or other structures on such lands, unless the owner of the land has given to the department written notice of such proposed use at least one year prior thereto and has submitted to the department with the notice a specific and detailed description of such proposed use or has entered into agreement for such use with the department under subsection (5) of this section. The owner may, however, act in emergencies without the notice required by ORS 390.805 to 390.925 when necessary in the interests of public safety.

(4) Upon receipt of the written notice provided in subsection (3) of this section, the department shall first determine whether in its judgment the proposed use would impair substantially the natural beauty of a scenic waterway. If the department determines that the proposal, if put into effect, would not impair substantially the natural beauty of the scenic waterway, the department shall notify in writing the owner of the related adjacent land that the owner may immediately proceed with the proposed use as described to the department. If the department determines that the proposal, if put into effect, would impair substantially the natural beauty of the scenic waterway, the department shall notify in writing the owner of the related adjacent land of such determination and no steps shall be taken to carry out such proposal until at least one year after the original notice to the department. During such period:

(a) The department and the owner of the land involved may agree upon modifications or alterations of the proposal so that implementation thereof would not in the judgment of the department impair substantially the natural beauty of the scenic waterway; or

(b) The department may acquire by purchase, gift or exchange, the land involved or interests therein, including scenic easements, for the purpose of preserving the natural beauty of the scenic waterway.

(5) The department, upon written request from an owner of related adjacent land, shall enter into negotiations and endeavor to reach agreement with such owner establishing for the use of such land a plan that would not impair substantially the natural beauty of the scenic waterway. At the time of such request for negotiations, the owner may submit a plan in writing setting forth in detail proposed uses. Three months after the owner makes such a request for negotiations with respect to use of land, either the department or the owner may give written notice that the negotiations are terminated without agreement. Nine months after the notice of termination of negotiations the owner may use land in conformity with any specific written plan submitted by the owner prior to or during negotiations. In the event the department and the owner reach agreement establishing a plan for land use, such agreement is terminable upon at least one year’s written notice by either the department or the owner.

(6) With the concurrence of the Water Resources Commission, the department may institute condemnation proceedings and by condemnation acquire related adjacent land:

(a) At any time subsequent to nine months after the receipt of notice of a proposal for the use of such land that the department determines would, if carried out, impair substantially the natural beauty of a scenic waterway unless the department and the owner of such land have entered into an agreement as contemplated by subsection (4) or (5) of this section or the owner shall have notified the Department of the abandonment of such proposal; or

(b) At any time related adjacent land is used in a manner violating ORS 390.805 to 390.925, the rules of the department or any agreement entered into by the department pursuant to subsection (4) or (5) of this section; or

(c) At any time related adjacent land is used in a manner which, in the judgment of the department, impairs substantially the natural beauty of a scenic waterway, if the department has not been given at least one year’s advance written notice of such use and if there is not in effect department approval of such use pursuant to subsection (4) or (5) of this section.

(7) In such condemnation the owner of the land shall not receive any award for the value of any structure, utility, road or other improvement constructed or erected upon the land after December 3, 1970, unless the department has received written notice of such proposed structure, utility, road or other improvement at least one year prior to commencement of construction or erection of such structure, utility, road or other improvement or unless the department has given approval for such improvement under subsection (4) or (5) of this section. If the person owned the land on December 3, 1970, and for a continuous period of not less than two years immediately prior thereto, the person shall receive no less for the land than its value on December 3, 1970. The department shall not acquire by condemnation a scenic easement in land. When the department acquires any related adjacent land that is located between a lake or river and other land that is owned by a person having the right to the beneficial use of waters in the river by virtue of ownership of the other land:

(a) The right to the beneficial use of such waters shall not be affected by such condemnation; and

(b) The owner of the other land shall retain a right of access to the lake or river necessary to use, store or divert such waters as the owner has a right to use, consistent with concurrent use of the land so condemned as a part of the Oregon Scenic Waterways System.

(8) Any owner of related adjacent land, upon written request to the department, shall be provided copies of rules then in effect or thereafter adopted by the department pursuant to ORS 390.805 to 390.925.

(9) The department shall furnish to any member of the public upon written request and at expense of the member a copy of any notice filed pursuant to subsection (3) of this section.

(10) If a scenic waterway contains lands or interests therein owned by or under the jurisdiction of an Indian tribe, the United States, another state agency or local governmental agency, the department may enter into agreement with the tribe or the federal, state or local agency for the administration of such lands or interests therein in furtherance of the purposes of ORS 390.805 to 390.925. [1971 c.1 §5; 1971 c.459 §1; 1973 c.756 §2; 1981 c.236 §3; 1983 c.334 §4]

390.848 Passes for use of parts of Deschutes River; fee; exemption from fee; disposition of moneys. (1) The State Parks and Recreation Department shall establish, by rule, a system for issuing passes necessary to comply with the requirements under ORS 390.851. The department shall establish a reasonable fee for issuance of a pass under this section. The department may establish any form of proof of payment of the user fees that it deems appropriate.

(2) The system for issuance of passes established by the department under this section may include issuance of the passes by governmental entities or private persons who have entered into appropriate agreements with the department for issuance of the passes. Agreements under this subsection may include, but are not limited to, terms providing for locations for the collection of fees, methods the department determines appropriate to assure payment of moneys collected and provisions for the distribution of river-user information.

(3) The department shall issue, without charge, annual passes to comply with the requirements under ORS 390.851 to persons who own ranch, farm or residential property immediately abutting those portions of the Deschutes River designated as scenic waterways under ORS 390.826 and to members of the immediate family of such persons. This subsection does not authorize the issuance without charge of passes to persons holding less than a majority interest in a firm, corporation or cooperative organization which owns land immediately abutting the Deschutes River designated as scenic waterways under ORS 390.826.

(4) Moneys collected under this section shall be deposited in the separate fund established for the State Parks and Recreation Department under ORS 366.512 and, subject to the limitations under subsection (5) of this section, are continually appropriated to that department to be used:

(a) For operation of the pass system established under this section;

(b) For providing river-user oriented law enforcement services;

(c) For providing river recreation information and education;

(d) For developing and maintaining river oriented recreation facilities; and

(e) For any other purposes the department considers appropriate for the maintenance, enhancement or protection of the natural and scenic beauty of the scenic waterway consistent with ORS 390.805 to 390.925.

(5) The use of moneys for purposes described under subsection (4) of this section is limited to the performance of those purposes for areas of the Deschutes River designated as scenic waterways under ORS 390.826. [1981 c.798 §2; 1985 c.606 §4; 1987 c.291 §2; 1987 c.624 §15]

390.851 Activities prohibited on parts of Deschutes River without pass; exceptions. (1) Unless the person has an appropriate pass issued under ORS 390.848, no person shall launch, operate or ride in any boat or engage in any camping, fishing or other activity in connection with being transported by a boat on those portions of the Deschutes River designated as scenic waterways under ORS 390.826.

(2) This section does not apply to:

(a) Peace officers, members or employees of a governmental body or their agents while engaged in the discharge of official duties; or

(b) Any member of the Confederated Tribes of the Warm Springs Indian Reservation.

(3) A person who violates this section commits a Class C violation. [1981 c.798 §3; 1987 c.291 §3; 1999 c.1051 §99]

390.855 Designation of additional scenic waterways. The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 to 390.925. Consistent with such recommendation, the Governor may designate any river or segment of a river and related adjacent land as a scenic waterway subject to the provisions of ORS 390.805 to 390.925. The department shall consult with the State Fish and Wildlife Commission, the State Department of Agriculture, the Environmental Quality Commission, the Division of State Lands, and such other persons or agencies as it considers appropriate. The State Parks and Recreation Department shall conduct hearings in the counties in which the proposed additional rivers or segments of rivers are located. The following criteria shall be considered in making such report:

(1) The river or segment of river is relatively free-flowing and the scene as viewed from the river and related adjacent land is pleasing, whether primitive or rural-pastoral, or these conditions are restorable.

(2) The river or segment of river and its setting possess natural and recreation values of outstanding quality.

(3) The river or segment of river and its setting are large enough to sustain substantial recreation use and to accommodate existing uses without undue impairment of the natural values of the resource or quality of the recreation experience. [1971 c.1 §6]

390.865 Authority of legislature over designation of additional scenic waterways. The designation of a river or segment of a river and related adjacent land, pursuant to ORS 390.855, shall not become effective until the day following the adjournment sine die of the regular session of the Legislative Assembly next following the date of the designation or that was in session when the designation was made. The Legislative Assembly by joint resolution may disapprove any such designation or a part thereof, and in that event the designation, or part thereof so disapproved, shall not become effective. [1971 c.1 §7]

390.875 Transfer of public lands in scenic waterways to department; administration of nontransferred lands. Any public land within or adjacent to a scenic waterway, with the consent of the governing body having jurisdiction thereof, may be transferred to the jurisdiction of the State Parks and Recreation Department with or without compensation. Any land so transferred shall become state recreational land and shall be administered as a part of the scenic waterway. Any such land within a scenic waterway which is not transferred to the jurisdiction of the department, to the fullest extent consistent with the purposes for which the land is held, shall be administered by the body having jurisdiction thereof in accordance with the provisions of ORS 390.805 to 390.925. [1971 c.1 §8]

390.885 Exchange of property within scenic waterway for property outside waterway. In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway, and in exchange therefor, may convey to the grantor of such property any property under its jurisdiction that the department is not otherwise restricted from exchanging. In so far as practicable, the properties so exchanged shall be of approximately equal fair market value. If they are not of approximately equal fair market value, the department may accept cash or property from, or pay cash or grant property to, the grantor in order to equalize the values of the properties exchanged. [1971 c.1 §9]

390.895 Use of federal funds. In addition to State of Oregon funds available for the purposes of ORS 390.805 to 390.925, the State Parks and Recreation Department shall use such portion of moneys made available to it by the Bureau of Outdoor Recreation and other federal agencies, including matching funds, as the department determines are necessary and available to carry out the purposes of ORS 390.805 to 390.925. [1971 c.1 §10]

390.905 Effect of ORS 390.805 to 390.925 on other state agencies. Nothing in ORS 390.805 to 390.925 affects the jurisdiction or responsibility of other state agencies with respect to boating, fishing, hunting, water pollution, health or fire control; except that such state agencies shall endeavor to perform their responsibilities in a manner consistent with the purposes of ORS 390.805 to 390.925. [1971 c.1 §11]

390.910 Intergovernmental cooperation; county representative on management advisory committee. In carrying out the provisions of ORS 390.805 to 390.925, the State Parks and Recreation Department may enter into intergovernmental agreements to form committees to advise the various governmental agencies involved regarding management of the scenic waterways. Each such agreement must provide for membership on the committee of a representative of one of the governing bodies of the counties through which the scenic waterway flows. The county representative shall be chosen by the Governor from among those individuals recommended to the Governor by the county governing bodies. [1981 c.236 §2]

390.915 Determination of value of scenic easement for tax purposes; easement exempt. For ad valorem tax purposes, real property that is subject to a scenic easement shall be valued at its real market value, less any reduction in value caused by the scenic easement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state. [1971 c.1 §12; 1981 c.804 §99; 1991 c.459 §394]

390.925 Enforcement. In addition to any other penalties provided by law for violation of ORS 390.805 to 390.925 or rules adopted thereunder, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against violations of any provisions of ORS 390.805 to 390.925 and any rules adopted under ORS 390.805 to 390.925 and agreements made under ORS 390.805 to 390.925. [1971 c.1 §13; 1981 c.798 §6]

DESCHUTES RIVER SCENIC WATERWAY RECREATION AREA

390.930 Definitions for ORS 390.930 to 390.940. As used in ORS 390.930 to 390.940:

(1) "Managing agencies" includes:

(a) State Parks and Recreation Department;

(b) State Department of Fish and Wildlife;

(c) Confederated Tribes of the Warm Springs Indian Reservation;

(d) State Marine Board;

(e) Sherman, Wasco and Jefferson Counties;

(f) Oregon State Police;

(g) United States Bureau of Land Management;

(h) United States Bureau of Indian Affairs; and

(i) The City of Maupin.

(2) "Recreation area" means the Deschutes River Scenic Waterway Recreation Area created under ORS 390.932. [1987 c.624 §§1,18; 1989 c.904 §26; 2001 c.104 §133]

390.932 Creation of Deschutes River Scenic Waterway Recreation Area. There is created the Deschutes River Scenic Waterway Recreation Area consisting of the segment of the Deschutes River scenic waterway under ORS 390.825 that is designated as the segment from immediately below the existing Pelton reregulating dam downstream approximately 100 miles to its confluence with the Columbia River, excluding the City of Maupin as its boundaries are constituted on October 4, 1977. [1987 c.624 §17]

390.934 Management of Deschutes River Scenic Waterway Recreation Area; plan; budget. (1) The State Parks and Recreation Department shall have primary management responsibility for the State of Oregon to manage the Deschutes River Scenic Waterway Recreation Area. In managing the recreation area, the department shall cooperate with other managing agencies having jurisdiction to manage all or part of the recreational area.

(2) The department shall adopt a management plan by rule. The department shall implement the plan and shall prepare a budget for implementation taking into consideration the provisions of the management plan. [1987 c.624 §§3,19]

390.936 Rules. In accordance with applicable provisions of ORS 183.310 to 183.550, the State Parks and Recreation Department shall adopt rules necessary to carry out those provisions of ORS 390.930 to 390.940 that the department is charged with administering. [1987 c.624 §§12,22]

390.938 Guidelines for management and development. The Deschutes River Scenic Waterway Recreation Area shall be managed and developed in accordance with the following guidelines:

(1) To the extent allowed under ORS 390.805 to 390.925, the recreational area shall be administered to allow continuance of compatible existing uses, while allowing a wide range of compatible river-oriented public outdoor recreation opportunities, to the extent that these do not impair substantially the natural beauty of the scenic waterway or diminish its esthetic, fish and wildlife, scientific and recreational values.

(2) The management plan shall stress a segment by segment design and shall include provisions for the development of appropriate facilities and services in the recreation area to meet resource needs for protection and preservation and user needs. This development may include but need not be limited to:

(a) River and car camp development;

(b) Sanitation stations for human waste and garbage;

(c) Parking and access road improvement;

(d) Signs indicating land ownership;

(e) Tree and riparian zone protection and restoration;

(f) Educational programs; and

(g) Initiation of additional volunteer programs.

(3) Before restricting access through the use of a permit system, all other management options shall be considered.

(4) Special emphasis shall be placed on protecting the recreation area and all adjacent property from recreationist-caused wildfires. This goal shall be equal in priority to the other primary goals set forth in this section. This protection shall include but not be limited to:

(a) Permanent adoption of a fire rule that provides the same protection as the fire rule in force during the 1986 fire season.

(b) Requiring boater passes to include the name of the group leader, date and section of river used.

(c) The establishment of information centers near major points of entry into the recreation area to provide users with information and education regarding the fire rules and general rules of the river.

(d) Conducting cadet patrols at the levels considered necessary to facilitate reasonable compliance with recreation area rules. [1987 c.624 §§4,20]

390.940 Relationship to other laws. The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940 and rules adopted under ORS 390.805 to 390.925 and 390.930 to 390.940. Federal and tribal managing agencies with jurisdiction over their respective lands and waters shall be encouraged to manage their lands and waters in a manner consistent with the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940. [1987 c.624 §§5,21]

RECREATION TRAILS

390.950 Short title. ORS 390.950 to 390.989 and 390.995 (2) may be cited as the Oregon Recreation Trails System Act. [1971 c.614 §1]

390.953 [1971 c.614 §2; 1989 c.904 §27; repealed by 2001 c.104 §134]

390.956 Policy. (1) In order to provide for the ever-increasing outdoor recreation needs of an expanding resident and tourist population and in order to promote public access to, travel within and enjoyment and appreciation of, the open-air, outdoor areas of Oregon, trails should be established both near the urban areas of this state and within, adjacent to or connecting highly scenic areas more remotely located.

(2) The purpose of ORS 390.950 to 390.989 and 390.995 (2) is to provide the means for attaining these objectives by instituting a system of recreation trails in this state, by designating certain trails as the initial components of that system, and by prescribing the methods of which, and standards according to which, additional components may be added to the system. [1971 c.614 §3]

390.959 Composition of trails system; establishment of markers. The system of Oregon recreation trails shall be composed of trails established as provided in ORS 390.962 and 390.965. The State Parks and Recreation Department, in consultation with appropriate federal, state and local governmental agencies and public and private organizations, shall establish a uniform marker for the system of Oregon recreation trails. [1971 c.614 §4]

390.962 Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected. (1) Upon finding that such trails will meet the criteria established in ORS 390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the State Parks and Recreation Department may prescribe, the department is encouraged and empowered to establish and designate Oregon recreation trails:

(a) Over lands owned by the State of Oregon, by the federal government or by any county, municipality or other local governmental body, with the consent of the state agency, federal agency, county, municipality or other local governmental body having jurisdiction over the lands involved; or

(b) Over lands owned by private persons, in the manner and subject to the limitations provided in ORS 390.950 to 390.989 and 390.995 (2).

(2) In establishing such trails, the department shall give special recognition to the need for the establishment of recreation trails in or near, or reasonably accessible to, urban areas. Upon the establishment of any such trail, the department shall designate the primary kind of trail it is to be, based upon the mode or modes of travel to be permitted on such trail, including one or more of the following:

(a) Footpath.

(b) Horseback riding trail.

(c) Bicycle path.

(3) Nothing in ORS 390.950 to 390.989 and 390.995 (2) affects any other statute authorizing trails for motorized vehicles which is not inconsistent with ORS 390.950 to 390.989 and 390.995 (2). [1971 c.614 §5]

390.965 Hearing required; information to be considered. (1) The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only in accordance with the following criteria:

(a) Emphasis shall be given to the development of trails across public lands.

(b) No trails shall cross private land occupied by a residential dwelling, or upon which a residential dwelling is under construction, within 300 feet of such residential dwelling, without the consent of the owner.

(c) Trails shall be selected to minimize the adverse effects on adjacent landowners or users and their operations.

(d) Development and management of trails shall be designed to harmonize with and complement any established forest, agricultural, or other use plan that is compatible with the purposes of ORS 390.950 to 390.989 and 390.995 (2).

(2) Before establishing a trail the department shall consider at a public meeting the following information:

(a) The proposed route of such trail (including maps and illustrations) and the recommended mode or modes of travel to be permitted thereon;

(b) The areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural or developmental purposes;

(c) The characteristics that, in the judgment of the department, make the proposed trail suitable as an Oregon recreation trail;

(d) The current status of land ownership and current and potential use along the designated route;

(e) The estimated cost of acquisition of lands or interest in lands, if any;

(f) The plans for developing and maintaining the trail and the cost thereof;

(g) Any anticipated problems of policing the use of such trail and any anticipated hazards to the use of any privately owned lands adjacent to such trail; and

(h) The extent to which the state or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in the administration thereof. [1971 c.614 §6]

390.968 Selection of rights of way for trails. (1) The State Parks and Recreation Department shall select the rights of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a) and (b). Such rights of way shall be:

(a) Of sufficient width and so located as to protect natural conditions, scenic and historic features, and any primitive character of the trail area; to provide campsites, shelters, and related public-use facilities along trails in more remote areas; and to provide reasonable public access.

(b) Located to avoid, in so far as reasonably practicable, established highways, motor roads, mining areas, power transmission lines, existing commercial and industrial developments, range fences and improvements, private logging operations, and any other activities that would be incompatible with the protection of the trailside environment in its natural condition and the use of the trail for outdoor recreation.

(2) Notwithstanding subsection (1) of this section, it is recognized that in many instances (especially in urban areas and for some types of trails across or near private land) it may be advisable to locate segments of trails in or near existing rights of way for roads, highways, public utilities or telecommunications utilities, excluding power transmission lines; and it is recognized that trail rights of way on occasion may be located, or from time to time relocated, through, or adjacent to, lands used for private timber (including logging), agriculture, commercial or industrial operations and that such location or relocation of a trail right of way, of itself, shall not impose any limitation upon an otherwise lawful use of the adjacent private land except to the extent of the terms of any agreement with the private landowner as provided in ORS 390.971 (1) and except as may be provided by any zoning ordinance, law or regulation.

(3) The location and width of an Oregon recreation trail right of way across federal lands under the jurisdiction of a federal agency shall be by agreement between that agency and the department.

(4) In selecting a right of way, the department shall endeavor to obtain the advice and assistance of the local governments, private organizations, landowners, the land users concerned, and the advisory council established under ORS 390.977.

(5) The department shall hold a public hearing in the area of the state where the selection of such right of way is to be made. Subject to ORS 390.971, after public hearing, the department may revise the location and width of a right of way from time to time as required by circumstances, with the consent of the head of any federal agency involved, and with such advice and assistance of the local governments, private organizations, landowners, land users, and the advisory council, as the department considers necessary or advisable. [1971 c.614 §7; 1987 c.447 §124]

390.971 Department duties and powers. (1) Within the exterior boundaries of areas under its administration that are included in the right of way selected for an Oregon recreation trail as provided in ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may:

(a) Enter into written cooperative agreements with landowners, federal agencies, other state agencies, local governments, private organizations and individuals, in order to provide for the development, operation, maintenance, location and relocation of the trail; where the trail crosses commercial forestland, such agreement shall make reasonable provision for temporary relocation reasonably required for commercial forest management; and

(b) Subject to limitations set forth in ORS 390.950 to 390.989 and 390.995 (2), acquire lands or interests in lands by donation, purchase with donated or appropriated funds or exchange, or with funds obtained under ORS 390.980.

(2) The department, in the exercise of its exchange authority, may accept title to any nonstate-owned property within a trail right of way, and in exchange therefor it may convey to the grantor of such property any state-owned property under its jurisdiction (or the jurisdiction of any state agency consenting to such exchange) and which it (or the applicable consenting state agency) classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the department (or applicable consenting state agency) as the circumstances require.

(3) If lands included in an Oregon recreation trail right of way are outside the exterior boundaries of state or federally administered areas, the department shall attempt, and any local governments involved shall be encouraged, to enter into written cooperative agreements with landowners, local government, private organizations, and individuals in order to develop, administer, and maintain the trails, and to acquire, develop, and administer such lands or interests therein. However:

(a) If the department or local governments fail or are unable to enter into such agreements or to acquire such lands or interests therein within one year after the selection of the right of way, the department may acquire private lands or interests therein by donation, exchange, or purchase with donated or appropriated funds, and may develop and administer such lands or interests therein.

(b) Exchanges shall be governed by the provisions of subsection (2) of this section.

(4) Oregon recreation trails shall be administered, protected, developed and maintained by the department, or as provided under subsection (1)(a) of this section, to retain their natural, scenic and historic features. Along trails in more remote areas provision may be made for campsites, shelters and related public-use facilities; and other uses, including reasonable crossings (for motor vehicles, public utilities and water pipes and ditches), that will not substantially interfere with the nature and purposes of the trails may be permitted or authorized, as appropriate. The use of motorized vehicles by the general public along any such Oregon recreation trail is prohibited. However, the department shall authorize the use of motorized vehicles when, in its judgment, such vehicles are necessary to meet emergencies, trail construction and maintenance needs or to enable adjacent landowners or land users to have reasonable access to their lands or timber rights. The fact that private lands are included in an Oregon recreation trail by cooperative agreement of a landowner does not preclude the owner of such lands or agents of the owner from using motorized vehicles on or across such trails or adjacent lands from time to time in accordance with such agreement. Except to the extent otherwise provided by law, the state laws, rules and regulations applicable to lands or areas included in any Oregon recreation trail shall continue to apply. Nothing in ORS 390.950 to 390.989 and 390.995 (2) prohibits the use of roads existing on private lands on September 9, 1971, which may cross or traverse portions of the trail right of way, nor shall ORS 390.950 to 390.989 and 390.995 (2) prevent trails from crossing such roads.

(5) The department shall endeavor to induce agreements with appropriate state and federal agencies to provide for youth work projects to assist in the construction and maintenance of trails that are part of the Oregon recreation trails system.

(6) The department shall endeavor, when it considers such to be appropriate, to develop and enhance the educational values and opportunities of Oregon recreation trails; and in this connection it shall cooperate with schools, educators and other interested persons or groups in developing and utilizing techniques and materials to demonstrate to and inform the trail-using public of various scenic and natural features visible along or from such trails (including geological, botanical, historical, zoological and similar features).

(7) The department shall place and endeavor to maintain signs at such places as it considers appropriate along Oregon recreation trails advising users of the Oregon laws of criminal trespass and encouraging users to protect the trails and the rights and property of adjacent landowners.

(8) The department, with the concurrence of any federal agency administering lands through which an Oregon recreation trail passes, and after consultation with the local governments, private organizations and landowners which the department knows or believes to be concerned, and the advisory council established under ORS 390.977, may adopt rules that may be revised from time to time governing protection, management, use, development and administration of an Oregon recreation trail.

(9) The department, on lands not within a forest protection district, upon recommendation of the State Forester, shall have the authority to close trails during periods of high fire danger. The department shall also have the authority to close trails if it deems it necessary to protect the safety of the public.

(10) Notwithstanding the provisions of ORS chapter 477, forestland on which a fire exists that was caused by a person using, for recreational purposes, a trail established pursuant to ORS 390.950 to 390.989, shall not be considered an operation area as defined by ORS 477.001, if the fire did not start within an operation. [1971 c.614 §9; 1973 c.46 §7; 1983 c.740 §123; 1997 c.274 §37]

390.974 Intergovernmental cooperation to obtain property for use in trail system. The State Parks and Recreation Department is authorized and encouraged to consult and to cooperate with any state, federal or local governmental agency or body and with any privately owned utility having jurisdiction or control over or information concerning the use, abandonment or disposition of roadways, utility rights of way or other properties suitable for the purpose of improving or expanding the Oregon recreation trails system in order to assure, to the extent practicable, that any such properties having value for Oregon recreation trail purposes may be made available for such use. [1971 c.614 §11]

390.977 Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings. (1) There is established an Oregon Recreation Trails Advisory Council consisting of seven members, at least one from each congressional district in the state. However, not less than two of such members shall be from separate counties bordering upon the ocean shore. Members of the council shall be appointed by the State Parks and Recreation Commission and shall serve at the pleasure of the commission for terms of four years. Before the expiration of the term of a member, the commission shall appoint a successor. A member shall be eligible for reappointment. If there is a vacancy for any cause, the commission shall make an appointment to become immediately effective for the unexpired term.

(2) The commission and the State Parks and Recreation Department shall consult with the council from time to time with respect to matters relating to Oregon recreation trails, including the designation and establishment of Oregon recreation trails, the selection of rights of way, the selection, erection and maintenance of markers along the trail routes and the administration of the trails.

(3) Members of the council shall serve without compensation, but the department may pay expenses as provided in ORS 292.495.

(4) The council shall select one of its members as chairperson.

(5) A majority of the members of the council constitutes a quorum for the transaction of business.

(6) The council shall meet at times and places specified by the call of the chairperson or a majority of the members of the council. [1971 c.614 §8; 1981 c.545 §7; 1991 c.257 §1]

390.980 Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users. In addition to State of Oregon funds available for the purposes of ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may use such portion of moneys made available to it by any federal agency which may be used for such purposes, including matching funds, as the department determines are necessary or desirable to carry out the purposes of ORS 390.950 to 390.989 and 390.995 (2). In addition to the foregoing, the department may receive and may encourage the receipt of donated funds or property from individuals, groups or organizations (including trail users) for specified or nonspecified uses in connection with the acquisition, development, maintenance and administration of Oregon recreation trails. The department if it considers it advisable, may provide under its rules and regulations, for the use of a portion of any such donated funds received for nonspecified purposes to grant to an owner of private land adjacent to an Oregon recreation trail, funds indemnifying such owner for damage clearly caused to the land of the owner, and property therein, by users of such trail and which such landowner has not been able to recover from the user causing such damage. [1971 c.614 §12]

390.983 Trail property tax assessment. For ad valorem tax purposes, real property that is subject to an easement, or a written cooperative agreement, for purposes of ORS 390.950 to 390.989 and 390.995 (2) shall be valued at its real market value, less any reduction in value caused by the easement or the written cooperative agreement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state. [1971 c.614 §13; 1981 c.804 §100; 1991 c.459 §395]

390.986 Injunctive relief for violation of ORS 390.950 to 390.989. The State Parks and Recreation Department has power to obtain injunctions against violations of any provisions of ORS 390.950 to 390.989 and any rules and regulations adopted under ORS 390.950 to 390.989 and agreements made under ORS 390.950 to 390.989. [1971 c.614 §14]

390.989 Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989. Any power of eminent domain otherwise vested in the State Parks and Recreation Department does not apply to any power or duty vested in the department by ORS 390.950 to 390.989. [1971 c.614 §16]

PENALTIES

390.990 Violations. (1) Subject to ORS 153.022, any person, firm or corporation violating any of the laws or rules described in this subsection commits a Class A violation. This subsection applies to a violation of the following:

(a) ORS 390.678.

(b) Any rule adopted under ORS 390.124.

(c) Any rule adopted under ORS 390.340.

(2) Subject to ORS 153.022, violation of any provision of ORS 390.640 or 390.705, or any rule adopted under such statutes, is punishable, upon conviction, by a fine not exceeding $500 or imprisonment in the county jail for not more than six months, or both.

(3) Each day a violation of ORS 390.640 or 390.705 continues shall be considered a separate offense.

(4) Subject to ORS 153.022, violation of any rule adopted under ORS 390.845 is a Class A violation.

(5) Notwithstanding any other provision of this section, violation of any rule adopted under this chapter for the regulation of vehicle speed in parks, including violations of rules relating to driving vehicles at a speed greater than a posted speed limit or greater than is reasonable and prudent, are subject to the same penalties as provided in ORS 811.109 for violation of a specific speed limit imposed under law or violation of a posted speed limit. [Subsection (1) formerly 366.990; subsection (2) formerly part of 274.990; 1969 c.601 §28; 1971 c.743 §362; subsection (4) enacted as 1971 c.614 §10; 1981 c.692 §3; 1981 c.798 §7; 1983 c.740 §124; 1989 c.904 §63; 1999 c.1051 §100; subsection (4) renumbered 390.995 (2) in 1999]

390.992 Civil penalties. (1) Any person who violates any provision of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted or issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be subject to a civil penalty in an amount to be determined by the State Parks and Recreation Director of not more than $10,000 per day of violation.

(2) In addition to any other penalties provided under subsection (1) of this section, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against a person who violates any provisions of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted or issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §9]

Note: 390.992 and 390.995 were enacted into law by the Legislative Assembly but are not part of ORS chapter 390 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

390.995 Criminal penalties. (1) Violation of ORS 390.640 is a misdemeanor.

(2) Subject to ORS 153.022, any person who violates a rule adopted under ORS 390.950 to 390.989 is guilty of a misdemeanor, and may be punished by a fine of not more than $500, or by imprisonment not exceeding six months, or both. [Subsection (1) of 1999 Edition enacted as 1999 c.373 §17; subsection (2) of 1999 Edition formerly 390.990(4)]

Note: See note under 390.992.