Current through Register Vol. 63, No. 3, March 1, 2024
(1) In
considering an acquisition that includes a sale or exchange of real property
owned by the Department, the Department will:
(a) Apply all elements of the "Criteria for
Acquisition" provided in OAR 736-019-0060, and
(b) Apply the provisions of sections (2) or
(3) of this rule.
(2)
For exchanges that it initiates, the Department will:
(a) Identify for the Commission the reasoning
and justification for an exchange based on the Department's mission,
strategies, objectives, and work plan, and
(b) Undertake exchanges only if there is a
significant benefit to the Department. Examples of a significant benefit to the
Department include, but are not limited to:
(A) Adding properties that adjoin properties
owned by the Department,
(B)
Improving the Department's access to one or more properties owned or operated
by the Department,
(C) Resolving
in-holdings,
(D) Property line
adjustments that facilitate operations or management, and
(E) Acquiring identified property
needs.
(3)
For exchanges that a party other than the Department initiates, the Department
will:
(a) Determine whether the exchange
aligns with the Department's mission, strategies, objectives, and work
plan,
(b) Inquire whether the local
county and local communities support the exchange,
(c) Determine whether the exchange will
accommodate public use and access, and be in the best interest of the
Department,
(d) Submit an Agency
Surplus Real Property Notification to the Department of Administrative Services
and request the notification of adjacent cities, appropriate counties and all
state agencies for the sale, transfer, or exchange of any real property right
from Department ownership.
(e)
Require the proponent provide the Department a written environmental review for
all lands the Department is to receive in the exchange. The Department may
determine that an environmental report provides information that further
requires that the proponent to provide additional environmental assessment,
and
(f) Require that all proposals
made to the Department be in writing with adequate detail for the Department to
evaluate the transaction for:
(A) Natural
resource impacts and protection,
(B) Cultural resource impacts and protection,
and
(C) Overwhelming public benefit
to the parks system.
(4) To approve an exchange that a party other
than the Department initiates, the Commission shall determine that the proposed
exchange provides an overwhelming public benefit to the Oregon State Park
system, its visitors, and the citizens of Oregon. The Commission has sole
discretion to determine whether a proposal provides an overwhelming public
benefit to the Oregon State Park system, its visitors, and citizens, which is
resounding, clear and obvious. An overwhelming public benefit to the Oregon
State Park system, may include, but is not limited to, an exchange in which the
Department receives:
(a) One or more
properties in areas of interest listed pursuant to OAR
736-019-0060(1)(a),
(b) An
endowment for long-term stewardship that provides significant and meaningful
stewardship resources to the Department, or
(c) Other contributions to the Oregon State
Park system, beyond the property to be received, which the Commission
determines when combined with the property to be received by the Department,
and when weighed against the property to be transferred out of the Oregon State
Park system, along with all of the Departments transaction costs, will result
in an overwhelming public benefit to the Oregon State Park system.
Stat. Auth.: ORS
390.121 &
390.124
Stats. Implemented: ORS
390.112 &
390.121
