2021 Oregon Revised Statutes
Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill
Section 196.220 - Powers and duties of authority.


(a) Adopt, alter, amend or repeal policies, procedures or bylaws for the organization, administration, development and management of the authority.
(b) Enter into contracts and agreements involving property, goods or services with any public or private entity as the authority deems reasonable to carry out the mission and purposes of the authority or to execute any duties, functions or powers of the authority, including but not limited to:
(A) Contracts and agreements related to the operation of the Willamette Falls Locks project and associated properties and facilities;
(B) The carrying out of the business operations of the authority;
(C) The construction, repair, maintenance, seismic stabilization, rehabilitation, upgrade or insurance of authority properties and facilities; and
(D) The coordination of activities as needed with the owner of the dam and power plant licensed by the Federal Energy Regulatory Commission.
(c) Establish advisory or technical committees and otherwise consult, cooperate or coordinate with any public or private entity as the authority deems necessary or expedient to broaden opportunities for public input on or to carry out the mission and purposes or duties of the authority.
(d) Acquire, purchase, receive, hold, control, convey, sell, manage, operate, lease, license, lend, invest, improve, develop, use, dispose of and hold title in the name of the authority to property constituting the Willamette Falls Locks project and associated lands, buildings, easements and museum facilities, and any other real or personal property of any nature.
(e) Obtain any permits, approvals or permissions needed in connection with the activities of the authority.
(f) Exercise the power of eminent domain under ORS chapter 35 to acquire any right or interest in real property as necessary or expedient to ensure the repair, upgrade, operation, maintenance or access to the Willamette Falls Locks project and any associated properties and facilities.
(g) Sue and be sued in its own name.
(h) Encourage and accept grants, gifts and donations for the benefit of the authority, and subject to the terms of the gift, retain, invest and use such gifts as deemed appropriate by the authority.
(i) Acquire, receive, hold, keep, pledge, control, convey, manage, use, lend, expend and invest funds, appropriations, grants, gifts, bequests, stock and revenue from any source.
(j) Borrow money for the needs of the authority, in such amounts and for such time and upon such terms as may be determined by the authority.
(k) Purchase any and all insurance, operate a self-insurance program or otherwise arrange for the equivalent of insurance coverage of any nature and for the indemnity and defense of the members of the authority or any officers, agents, employees or other persons designated by the authority to carry out or to further the mission and purposes of the authority.
(L) Establish charges and fees, including but not limited to charges and fees for services by the authority and for the use, lease or rental of authority properties and facilities.
(m) Contract for law enforcement or security services for authority properties and facilities.
(n) Establish and exercise broad operational authority over the Willamette Falls Locks project and associated properties and facilities, including but not limited to establishing days and times of service and a certification program to enable self-operation of the navigation canal and locks by certified users.
(o) Establish an operations training program that provides education for all operators of the locks, including but not limited to employees and volunteers of the authority, contractors or commercial operators, to operate the locks in conformance with all safety and operational requirements.
(p) Perform any other acts that in the judgment of the authority are necessary or expedient in accomplishing the public mission and purposes described in ORS 196.205 or carrying out the powers granted by ORS 196.200 to 196.240 and 196.993.
(2) The Willamette Falls Locks Authority shall at all times cooperate with owners of real property that adjoins the locks, particularly the owner of the dam and power plant licensed by the Federal Energy Regulatory Commission. The authority shall make all reasonable efforts to operate the locks in a manner that does not unreasonably interfere with, impair or disturb the owners’ rights to the full use and enjoyment of the owners’ real property that adjoins the locks. [2021 c.229 §6]
Note: See note under 196.200.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 05 - State Government, Government Procedures, Land Use

Chapter 196 - State Waters and Ocean Resources; Wetlands; Removal and Fill

Section 196.105 - Definitions for ORS 196.105 to 196.125.

Section 196.107 - Legislative findings on management plan; effect of plan on land use decisions; decertification of plan.

Section 196.110 - Land use regulation in Columbia River Gorge National Scenic Area.

Section 196.115 - Appeal from decision of Columbia River Gorge Commission or county.

Section 196.125 - Buffer by regulation around Columbia River Gorge National Scenic Area prohibited.

Section 196.150 - Compact provisions.

Section 196.160 - Membership on Columbia River Gorge Commission.

Section 196.165 - Status of commission employees for purposes of certain benefits.

Section 196.175 - Pacific Ocean Resources Compact ratified.

Section 196.180 - Compact provisions.

Section 196.185 - Representation on compact.

Section 196.200 - Definitions for ORS 196.200 to 196.240 and 196.993.

Section 196.205 - Establishment of Willamette Falls Locks Authority as independent public corporation.

Section 196.210 - Membership of authority.

Section 196.215 - Executive director; status of director and employees.

Section 196.220 - Powers and duties of authority.

Section 196.225 - Creation of tax-exempt entity by authority.

Section 196.230 - Revenue bonds issued by authority.

Section 196.235 - Financing agreements.

Section 196.240 - Audits; report to Legislative Assembly.

Section 196.405 - Definitions for ORS 196.405 to 196.515.

Section 196.407 - Policy.

Section 196.408 - Duties of state agencies.

Section 196.410 - Legislative findings for offshore oil and gas leasing.

Section 196.415 - Legislative findings for ocean resources management.

Section 196.420 - Policy.

Section 196.425 - Oregon Ocean Resources Management Program.

Section 196.435 - Primary agency for certain federal purposes; restrictions.

Section 196.438 - Ocean Policy Advisory Council; members; term of office; quorum.

Section 196.443 - Duties of council.

Section 196.448 - Member compensation; meetings.

Section 196.451 - Technical advisory committee; duties; members; vacancies; advisory committees; rules.

Section 196.453 - Project review panels; guidelines.

Section 196.465 - Compatibility of acknowledged comprehensive plans.

Section 196.471 - Territorial Sea Plan review requirements.

Section 196.485 - State agency coordination requirements; incorporation of plans.

Section 196.540 - Marine reserves; rules.

Section 196.542 - Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule.

Section 196.545 - Work plan; use of data and recommendations.

Section 196.550 - Funding.

Section 196.555 - Reporting; rules.

Section 196.565 - Oregon Ocean Science Trust; members; terms; compensation and expenses; rules.

Section 196.566 - Trust duties.

Section 196.567 - Oregon Ocean Science Fund; sources; uses.

Section 196.568 - Reimbursement from fund.

Section 196.569 - Report.

Section 196.570 - Agreements between Oregon Ocean Science Trust and private organizations; records; use of funds.

Section 196.571 - Policy.

Section 196.572 - Oregon Coordinating Council on Ocean Acidification and Hypoxia; members; terms; compensation and expenses; rules.

Section 196.573 - Council duties; biennial report.

Section 196.575 - Authorization to obtain federal oceanographic data; joint liaison program; use of data.

Section 196.580 - Liaison program duties.

Section 196.583 - Requirement to share geological data regarding territorial sea floor.

Section 196.600 - Definitions for ORS 196.600 to 196.655.

Section 196.605 - Purpose.

Section 196.610 - Powers of Director of Department of State Lands; fees.

Section 196.615 - Program for mitigation banks; program standards and criteria; rules.

Section 196.620 - Resource values and credits for mitigation banks; use and withdrawal of credits; annual evaluation of system by director.

Section 196.623 - Watershed enhancement project as mitigation bank; sale of mitigation credit.

Section 196.625 - Fill and removal activities in mitigation banks; reports.

Section 196.635 - Director to consult and cooperate with other agencies and interested parties.

Section 196.640 - Oregon Removal-Fill Mitigation Fund; rules.

Section 196.643 - Payments to comply with permit condition, authorization or resolution of violation; report; rules.

Section 196.645 - Sources of fund.

Section 196.650 - Use of fund.

Section 196.655 - Report on Oregon Removal-Fill Mitigation Fund; contents.

Section 196.668 - Legislative findings.

Section 196.672 - Policy.

Section 196.674 - Statewide Wetlands Inventory; rules.

Section 196.678 - Wetland conservation plans; contents; procedure for adopting.

Section 196.681 - Duties of department; standards for approval of plan; conditions for approval; order.

Section 196.682 - Permits required for removal or fill; conditions on issuance of permit.

Section 196.684 - Amendment of plans; review of plans by department; review of orders by Land Use Board of Appeals.

Section 196.686 - Acknowledged estuary management plans; review and approval; hearings; final order.

Section 196.687 - Regulation of alteration or fill of artificially created wetlands.

Section 196.688 - Public information program.

Section 196.692 - Rules.

Section 196.770

Section 196.795 - Streamlining process for administering state removal or fill permits; application for state program general permit; periodic reports to legislative committee.

Section 196.800 - Definitions for ORS 196.600 to 196.921.

Section 196.805 - Policy.

Section 196.810 - Permit for removal of material from or fill of waters; rules.

Section 196.812 - Large woody debris; rules.

Section 196.815 - Application for permit; rules; fees; disposition of fees.

Section 196.816 - General permits allowing removal of certain amount of material for maintaining drainage; rules; waiver of fees.

Section 196.817 - General permits; rules.

Section 196.818 - Wetland delineation reports; review by Department of State Lands; fees; rules.

Section 196.820 - Prohibition against issuance of permits to fill Smith Lake or Bybee Lake; exception.

Section 196.825 - Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal.

Section 196.830 - Estuarine resource replacement as condition for fill or removal from estuary; considerations; other permit conditions.

Section 196.850 - Waiving permit requirement in certain cases; rules; notice; review; fees; disposition of fees.

Section 196.860 - Enforcement powers of director.

Section 196.870 - Abatement proceedings; restraining order; injunction; public compensation.

Section 196.875 - Double and treble damages for destruction of public right of navigation, fishery or recreation; costs and attorney fees.

Section 196.885 - Annual report of fill and removal activities; contents of report.

Section 196.895 - Imposition of civil penalties.

Section 196.900 - Schedule of civil penalties; rules; factors to be considered in imposing civil penalties.

Section 196.906 - Legislative findings and declarations.

Section 196.909 - Definitions.

Section 196.911 - Maintenance without permit; applicability; notice.

Section 196.913 - Prohibitions; conditions.

Section 196.915 - State agencies’ review and responses to notice; additional conditions; expedited review; variances; inspections; records; rules.

Section 196.917 - Notice of violation; reasonable efforts to induce voluntary compliance.

Section 196.919 - Memoranda of understanding.

Section 196.921 - Applicability; rules.

Section 196.931 - Monitoring fill and removal activities; public education and information materials; periodic reports to legislative committee.

Section 196.990 - Penalties for unpermitted removal from or filling of waters.

Section 196.993 - Penalties for unauthorized use of Willamette Falls Locks.