HISTORY OF THE OREGON STATE PARKS: 1917-1963

Studies

Economic Study

Prior to 1956 the trailer court people and the owners of the lower class motels felt the pinch in patronage. These people believed the small demand for their facilities was caused by the many overnight camps and parks being developed as a part of the state park system. They charged the state with unfair competition to such an extent that a demand was being made for the Legislature to review the situation.

Therefore, the State Highway Commission approved a study be made by the Parks Division, beginning in the summer of 1956, by the use of graduate students from Oregon State University. The study was confined to Jessie M. Honeyman, Cape Lookout and Fort Stevens State Parks.

The purpose of the study was to determine the economic value of state parks as to their monetary benefits to the local community; to determine park visitor expenditures outside of this local zone of influence; and to evaluate the competitive effects, if any, of state park facilities upon the use of privately provided accommodations.

With these objectives in mind the study was divided into three sections. Section I, The Questionnaire Returns; Section II, Economic Projections; and Section III, The Importance of Recreation In The Economy of the area adjacent to Fort Stevens State Park.

In the study, two time periods were tabulated—before 1956 and after 1956. A comparison of the two periods was made which resulted in interesting facts. A part of the report relating to summary, after interviewing 2,349 visitor groups, is: The average park visitor spent $3.10 during his stay within 25 miles of the parks with overnight campers spending more money within this area than the day users due to their longer length of stay. An average of $251 per party per trip was spent by out-of-state park visitors while $32 was the average per trip expenditure for Oregon residents.

Of the total expenditures within the 25 mile area of the parks, the average park visitor spent 48% for food, 20% for gas and oil, 19% for lodging, and 13% for entertainment and other miscellaneous items.

Ninety-two percent of the expenditures made by park visitors within 25 miles of the parks can be directly attributed to the presence of the parks.

Data collected on park influence on the use of privately operated lodging accommodations showed — a) 72% of the campers would try to find another park to stay in overnight if the one of their choice was full, while of those campers using trailers 57% would try to find another park and 32% a commercial trailer court; b) the main reason for staying at state parks overnight, as expressed by 54%, was the pleasure of being out-of-doors; c) motel use apparently is correlated to some extent to the physical condition of the facility, all other factors being equal; d) state parks generate travel, and therefore, are directly responsible for many recreationists coming to the area in which the park is located; this results in expenditures for goods and services that otherwise would not occur.

In concluding the report, the general conclusions read in part: "State parks are of considerable importance in attracting recreationists to localities of the state in which they are situated, as much of their use consists of persons who make the parks the primary purpose of their pleasure trip.

"The establishment and subsequent use of state parks has a favorable effect on the local economy due to the expenditures made by park visitors which increase the gross receipts of retail and service business. This is illustrated by the results of the Fort Stevens State Park test area study which shows: a) estimated annual expenditures of over $830,000 were made by park visitors within 25 miles of the park of which 70% or some $580,000 can be directly attributed to the presence of the park in this area, b) the establishment of the park had a beneficial economic impact on the local urban communities as evidenced by, (1) employment was up in the study area and down throughout the rest of the county, and (2) gross retail receipts were up 12% in the study area, and down 6% in the control area, and (3) net economic benefits accrued in the form of added retail and service business.

"No conclusive adverse competitive effects of state park overnight camp use on privately operated lodging accommodations, such as motels and trailer courts, were found, although, several phases of the study were especially designed to explore this possibility. While lodging facilities may not benefit as much as some other service establishments by expenditures of state park overnight campers, for example, it is logical to assume that park visitors who are not camping, but attracted to the local area by state parks or staying over longer because of them, would benefit privately operated lodging accommodations. While the majority of trailer campers who use state parks indicate they would prefer to stay at another park if the one of their choice was full, the state practice of referring these people to local trailer courts when state camps are full provides a service to the public, and to the trailer court owners as well.

"The findings of this report relative to the economic benefits of state parks will apply, in part, to other public parks as well. Whereas the human benefits of parks have been well recognized for a long time, the economic values have not been fully appraised, although they apparently have a beneficial effect of considerable importance to the local economy as well as to the state. In view of these findings it would appear that adequate recognition should be given to the present and potential economic worth of the state's recreational resources as evidenced by the economic benefits created through the public's use of these resources."

The study reveals evidence of proof of real economic value of parks to nearby communities and that they do not compete, to any great extent, with nearby businesses.

Oregon Outdoor Non-Urban Parks and Recreation Study

The Oregon Outdoor Non-Urban Parks and Recreation Study was started in 1960 as a result of a demand from many sources to establish a program to meet the State's future recreational needs. The Highway Commission, in July 1960, after assurance that the study could be made within reasonable costs, directed the Parks and Recreation Division to do the work and appropriated $15,000 to start it.

The purpose of the study was to set a program that will meet the increasing demand for future non-urban outdoor recreation in Oregon. It describes the recreational needs and outlines a program for expanding the state park system and for enlisting the cooperation of other governmental agencies in conserving the recreational values and resources of the state.

The study is limited to "non-urban recreation, excluding playgrounds and recreational activities within the city parks or areas within the confines of an urban center."

The study staff consisted of a director of the study group, five planners, several researchers and interviewers, a professional writer, and the necessary stenographers and typists. In all, there were nineteen people engaged in making the study and writing the report.

The 128-page report is complete in every respect. The graphs, pictures, maps, tables, etc., show the extent of recreational opportunities in the state, the trend in use and the requirements for the future of the several agencies owning land and interested in future recreation in Oregon.

An Advisory Council of thirteen members, all heads of state, federal and local government agencies, was appointed to aid and advise the study as it progressed. There was also the State Parks and Recreation Advisory Committee to render valuable assistance and support. Many agencies and individuals were consulted.

In making the study, the Commission received some funds toward the cost from the Federal Housing and Home Finance Agency, under provisions of Section 701 of the Housing Act of 1954, as amended. The total cost of the work, extending over a period of nearly two years, amounted to $135,000, of which amount the Federal Housing and Home Finance Agency paid $30,000.

Public reaction to the report has been good. More than 1,900 copies have been distributed and requests are continuing at the rate of approximately one per day. Schools, libraries and other institutions of learning have accepted it and many students extract parts for use in their school work.

Snake River Study

In the planning of the Brownlee power project on the Snake River at the boundary between Idaho and Oregon, the Idaho Power Company, builders of the dam, had a recreation study made of both sides of the Snake River from Farewell Bend to a point near Lewiston, Idaho. The study was made in 1956-57 by J. Haslett Bell of Portland.

The report indicates that there are several sites on each side of the river suitable for parks or boat launching purposes.

Sea Lion Caves

The Sea Lion Caves is an unusual place which the wild sea mammals known as sea lions or Eumetopias jubata (stelleri), large members of the seal family, have chosen as a place for rest and to mother their newly born cubs. It is located along Highway 101 about 12 miles north of Florence in Lane County. We are told that it is the only place on the Pacific Coast where these mammals use the mainland for any purpose. They usually prefer an island or lone rock for a rookery or for rest.

Sea lions have been hunted for their valuable furs and oils. At one time a good market existed for the whiskers.

The caves cannot be entered naturally from the land because of high cliffs for some distance on each side of the opening. The sea lions can enter the large cave at will from the water.

The phenomenon has been exploited, first by a trail down to the waters edge at the caves, and more recently by a mechanical elevator in a shaft near the highway level and running vertically into the large cave. The elevator eliminates use of the long and dangerous trail. The area has long been thought of as a national feature which should be in public ownership but the price has been the deterrent feature.

The 1959 Legislature requested the State Highway Commission, by a joint resolution, to attempt purchase of the facility. Negotiations were carried on over a period of nearly two years. Several offers were made, but to no avail. The operators were not interested in selling, and no amount of money changed their minds.

A report on the efforts of the Parks and Recreation Division and Right of Way Section was made to the Highway Commission and to the Legislature.

General Use

Ocean Shore Use

The use of Oregon's shore begins many years back. Available records cover a comparatively short period.

First, there is a quote as follows from a report titled "The Shore of the Ocean" prepared by J. M. Devers in 1949 when he was Chief Counsel for the State Highway Department:

"This narrative begins with the admission of the State of Oregon into the Union. An essential part of that admission deals with the western boundary of the State. The congressional act by which Oregon was admitted to the union of states fixes the western boundary of the State in the following language:

'Beginning one marine league at sea, due west from the point where the forty-second parallel of north latitude intersects the same; thence northerly, at the same distance from the line of the coast lying west and opposite the state, including all islands within the jurisdiction of the United States, to a point due west and opposite the middle of the north ship-channel of the Columbia river; * * *. Section 1 of Admission Act, Volume 9, O.C.L.A., page 71. [Volume 5, O.R.S., page 1079]

"A marine league is three miles, hence the western boundary of the State is a line three miles west of the shore line.

"At the time of admission Congress vested the State of Oregon with jurisdiction over navigable waters within the State. That jurisdiction was pronounced by Congress in Section 2 of the act of admission and reads as follows:

'The said state of Oregon shall have concurrent jurisdiction on the Columbia and all other rivers and waters bordering on the said state of Oregon, so far as the same shall form a common boundary to said state, and any other state or states now or hereafter to be formed or bounded by the same; and said rivers and waters, and all the navigable waters of said state, shall be common highways and forever free, as well as to the inhabitants of said state as to all other citizens of the United States, without any tax, duty, impost, or toll therefor.' Section 2 of Admission Act, Volume 9, O.C.L.A., page 72. [Volume 5, O.R.S., page 1079]

"In 1899 the Oregon legislature by the enactment of Section 4817 B. & C. [Page 3, Laws of Oregon 1899] declared that:

'The shore of the Pacific ocean, between ordinary high and extreme low tides, and from the Columbia river on the north to the south boundary line of Clatsop county on the south, is hereby declared a public highway, and shall forever remain open as such to the public.'

"That law was amended during the time that Oswald West was Governor and as amended was made to read as follows:

'The shore of the Pacific Ocean, between ordinary high tide and extreme low tide, and from the Columbia River on the north to the Oregon and California State line on the south, excepting such portion or portions of such shore as may have heretofore been disposed of by the State, is hereby declared a public highway and shall forever remain open as such to the public.' Chapter 47, General Laws of Oregon 1913.

"The title of the original act was not amended. The title of that original act included only Clatsop County. To cure any defect which the 1913 act might have, the law, pursuant to suggestion made by the Highway Commission, was re-enacted in 1947 [Chapter 493] and thereby the shore of the ocean between ordinary high and extreme low tides from the Columbia River on the north to the Oregon-California state line on the south was made a public highway, except those portions which had theretofore been disposed of by the State. By reason of such alienations of title much of the shore of the ocean is now in private ownership as we will show in detail later.

"Oregon was admitted into the Union in 1859 and was then given title to the shore of the ocean as we have heretofore stated, but as early as 1872 the Oregon legislature made provision for the alienation of portions of the shore of the ocean. That was done by an act entitled: 'An act to provide for the sale of tide and overflowed lands on the seashore and coast.' By that act:

'* * * the owner or owners of any land abutting or fronting upon or bounded by the shore of any bay, harbor or inlet, on the seacoast of this state, shall have the right to purchase from the state all the tide land belonging to the state, in front of such owner or owners; * * *.'

"The act was amended in 1874 without any special change in the character of the act as quoted above. It was again amended in 1876 and by that amendment it was declared:

'* * * That the Willamette, Coquille and Coos rivers shall not be deemed rivers in which the tide ebbs and flows within the meaning of this Act, or of the Act to which this Act is amendatory; and the title of this State to any tide or overflowed lands upon said Willamette, Coquille, Coos and Umpqua rivers is hereby granted and confirmed to the owners of the adjacent lands, or when any such tide or overflowed lands have been sold, then in that case, to the purchaser or purchasers of such tide or overflowed lands from such owner of such adjacent lands, or some previous owner thereof, as the case may be.' Page 70, General Laws of Oregon 1876.

"The question of the State's right or title to tide lands or its authority to dispose of them was before the Supreme Court of the State of Oregon in the case of Bowlby vs. Shively, reported in 22 Oregon 410, and in that opinion Justice Lord, speaking for the court, said:

'* * * when the state of Oregon was admitted into the union, the tide lands became its property and subject to its jurisdiction and disposal; that in the absence of legislation or usage, the common law rule would govern the rights of the upland proprietor, and by that law the title to them is in the state; that the state has the right to dispose of them in such manner as she might deem proper, as is frequently done in various ways, and whereby sometimes large areas are reclaimed and occupied by cities, and are put to public and private uses, state control and ownership therein being supreme, subject only to the paramount right of navigation and commerce.'

"The controversy in the above case found its way to the United States Supreme Court and is reported in 152 U. S. 1, 38 Law Ed. 331. The United States Supreme Court sustained the Oregon Supreme Court in its declaration of the law of the land relative to ownership of tide lands.

"The Governor, the Secretary of State and the State Treasurer by law constitute the State Land Board and as such represent the State in matters involving state-owned lands which include, as we have stated, all tide lands. The powers vested in the State Land Board do not extend to lands acquired by the State Highway Commission.

"As we have already said, the State Land Board beginning back in 1874 began disposing of state-owned tide lands or parts of the shore of the ocean and continued such policy until something like thirty-seven transactions had taken place. The first sale was made in 1874 to Wm. Tichener. That sale consisted of 20.64 acres. The last sale was made in 1923. In 1947 the legislature withdrew and repealed the law by which parts of the shore of the ocean might be disposed of by the State Land Board. However, prior to the removal of such authority there had resulted thirty-eight alienations, including one by the State Legislature to the Willamette Valley & Coast Railroad Company in 1874. These disposals or alienations of title involve every county in the State bordering on the shore of the ocean except Lane County. There is attached to this review a tabulation of all of the sales or alienations made by the State Land Board, in which tabulation there is given the following information: Name of grantee, consideration paid, acreage involved, date of transaction, county in which property is located and the name of the governor in office at the time the transaction took place. The sale or alienation made by the legislature is worthy of extended consideration and review.

"By a law enacted in 1874 the legislature granted to the Willamette Valley & Coast Railroad Company all of the tide or marsh lands in Benton County—at that time Benton County extended to the Pacific Ocean. The statute imposed on the Company certain conditions, some of which within the time specified in the act were not met by the Company. By an amendatory act passed in 1878 the legislature relieved the Company of some of the conditions and ultimately vested the Company with title to the tide lands.

"In 1909 the Oregon legislature attempted to repeal the act by which title to the tide and marsh lands had been conveyed to the Willamette Valley & Coast Railroad Company. Sometime prior to that date the Corvallis & Eastern Railroad Company had acquired the properties of the Willamette Valley & Coast Railroad Company, including the tide and marsh lands. Following that change of ownership the Southern Pacific Company acquired the properties as the successor to the Willamette Valley & Coast Railroad Company.

"The validity of the act by which the legislature attempted to repeal the act vesting in the Willamette Valley & Coast Railroad Company title to the tide lands was challenged in court in a case entitled Corvallis & Eastern Railroad Company vs. Frank W. Benson, as Governor, and against the then Secretary of State and the then Treasurer. That case is reported in 61 Or. 359.

"The court held invalid and void the legislative act by which the legislature attempted to divest the Railroad Company of title to said lands. The opinion of the court, written by Justice Burnett, is valuable on many counts. While the court held the act by which the legislature vested title to the tide lands to the Company valid, the court limited the scope of the act and in so doing limited the rights and interest vested in the Company by virtue of the act. Justice Burnett, speaking for the court, said:

'It is well settled that the tidelands laid bare, and anon flooded by the sea as it ebbs and flows, became the property of the State on its admission into the Union. In the title thus conferred upon the State, there are two elements—the jus privatum, or private right, and the jus publicum, or public authority. The former is a species of private property which a state holds in the same way that an individual citizen owns land which he has acquired from the United States by any of the methods provided for the sale of the public domain, or from any private person by purchase and conveyance. This private property in tidelands, the State by its legislative assembly, may grant to any one in any manner, or for any purpose, not forbidden by the constitution, and the grantee will thereby take the title described in the grant as absolutely as if the transaction were between individuals; one conveying his private lands to the other. The State, however, cannot abdicate or grant away the other element of its title to tidelands—the jus publicum, or public authority over them. This is the dominion of government or sovereignty in the State, by which it prevents any use of lands bordering on the navigable waters within the State which will materially interefere with navigation and commerce thereon.'

"In the opinion the court emphasized that while the State might transfer its tide lands in so far as private rights are concerned, such transfer or alienation is always conditioned that the grant is subject to the paramount rights of navigation and commerce over the waters and subject to fishing rights, so that it is apparent that all the Railroad Company got was some private rights, and those private rights never could be exercised in a way which would interfere with or impair the public rights just enumerated. The court also said that 'the right of the State so to regulate the use of tidelands as not materially to impede the public right of navigation is a constant factor in every title relating to such land, but regulation is not confiscation.'

"By virtue of the court's ruling, only private rights in the tide and marsh lands were by the legislature vested in the Railroad Company. By virtue of a tax foreclosure carried through by Lincoln County, the Railroad Company has been divested of all private rights and those private rights now reside in Lincoln County, except such portion of the beach acquired by the County and subsequently disposed of by the County; so that both private and public rights in the beach, in so far as any interest once vested in the Railroad Company is concerned, are now in the public, the public rights being held by the State and the private rights by Lincoln County.

"In 1932 Lincoln County conveyed to the State of Oregon, by and through its Highway Commission, title to and ownership of the private rights which the County had acquired by tax foreclosure to an area along the shore of the ocean contiguous to Yachats, which property was a part of the property conveyed by the legislature to the Railroad Company in 1874.

"The area which Lincoln County conveyed to the State is not affected by the legislative act declaring the shore of the ocean to be a public highway, for that area was expressly excluded from the act of 1913 and was again expressly excluded by the act of 1947. When the State of Oregon, acting by and through its State Highway Commission, acquired from Lincoln County title to a part of the ocean shore, it acquired that property for park and recreational purposes and hence the control which the Highway Commission now exercises is a control over park and recreational land and not over a public highway. The area acquired from Lincoln County consists of approximately 2.7 miles of ocean frontage. In addition to the lands deeded to the State by Lincoln County the State, through its Highway Commission, has acquired additional shore lands located in said County.

"The Highway Commission has no authority, as I construe the statute, over any part of the shore of the ocean which has been conveyed by the State to private individuals, except with respect to sections alienated by the State and subsequently recovered by the State Highway Commission.

"The shore of the ocean from the Columbia River on the north to the Oregon-California state line on the south covers a distance of 325 miles. Of that mileage the thirty-seven sales made by the State Land Board constitute twenty-three miles of ocean beach which are in private ownership. All of the uplands or lands which border the foreshore were, until recently, in private ownership. The State, through its State Highway Commission, owns and controls, or will, when the State's pending negotiations are completed, sixty-two and three-tenths miles of uplands along the Oregon Coast. These lands have been acquired and are being developed for park, recreational and scenic purposes.

"In 1899 the legislature initiated a policy of controls and regulations with respect to the foreshore, and, notwithstanding the fact that the State Land Board speaks for the State with respect to title to state-owned lands including tide lands, the legislature placed with the State Highway Commission the administration of the controls and regulations as applied to the ocean shore.

"The first control act was Section 6369 Lord's Oregon Laws [Page 3, Laws of Oregon 1899] by which the shore of the ocean in Clatsop County was declared a public highway. That law, as we have already stated, was amended during Mr. West's term as governor and by the amendment the entire shore of the ocean, except those parts which had theretofore been sold and title vested in private ownership, was declared to be a public highway.

"Of the sections of the foreshore which have been alienated 12 parcels are in Clatsop County, 4 are in Tillamook County, 1 is in Douglas County, 4 are in Coos County, and 16 are in Curry County.

"The Highway Commission recovered a two-mile section of the ocean shore in Clatsop County along with the upland bordering the shore. That recovered area is now under the control of the Highway Commission and is not a public highway but is entirely free for park and recreational use.

"The State, through its Highway Commission, now controls, as we have heretofore stated, all use and development of the sixty-two and three-tenths miles of uplands, divided as follows: 8.1 miles in Clatsop County, 12.3 miles in Tillamook County, 7.7 miles in Lincoln County, 3.2 miles in Lane County, 3.5 miles in Douglas County, 1.7 miles in Coos County and 25.8 miles in Curry County."

On pages 54 and 55 is a list of the lands sold by the Oregon State Land Board beginning in 1874.

Lands Sold by the Oregon State Land Board

Airplane Use

Since the State Parks and Recreation Division has become interested in the ocean shore, many requests for the use of the sandy beaches have been made, particularly for use by airplanes.

The first request was made by the State Aeronautics Board in September 1930. A permit was not approved because of the hazards in connection with other beach uses. The United States Air Corps of Vancouver requested use of the beaches at Ecola and Cannon Beach for landing fields in 1932. The Commission ruled, "At no time should a permit be granted for the use of Cannon Beach by airplanes, and at other places permits to be granted only when the Commission is fully convinced that it will be to the best interests of the public." However, in June 1931, the Secretary of the State Board of Aeronautics insisted that the Highway Commission grant permits for use of the ocean beaches when approved by the Board. The Commission reluctantly granted approval for use of the Bandon and Delake beaches subject to an investigation as to objections. The Chief Counsel investigated and found no objections.

There was a decided question about the Commission's authority to issue permits for beach use by airplanes as expressed by the Chief Counsel in 1934; therefore, all permits for such use were canceled. The Commission's action stopped the interest in beach use by airplanes until the 1947 Legislature gave the Highway Commission authority to grant permission for such use and to prescribe rules, regulations, etc., regarding the use. The application did require a petition from the county or city fronting on the beach at the site of use.

The 1947 legislative action spurred a new array of applications for beach use. There were 10 permit requests, most of which were denied because the applications did not conform with the law. The law was again revised in 1951, giving the Board of Control authority over use of beach and tidelands not deeded away, other than the surface use by people, cars and airplanes.

Fort Stevens State Park—Swimming and picnic area east shore of Coffenbury Lake.

Fort Stevens State Park—Beach and wreck of schooner Peter Iredale.

Ecola State Park—Roosevelt Elk on lawn near headquarters.

Ecola State Park—Looking south from view point.

Saddle Mountain State Park—West side from car parking area.

Cape Lookout State Park—View of cape and shore.

Oswald West State Park—View south from Neahkahnie Mountain.

Boiler Bay Wayside—Low tide, showing wrecked ship's boiler.

Fogarty Creek State Park—Beach, rock and headland.

Devil's Punch Bowl State Park—Showing wave action inside the bowl.

Mureil O. Ponsler Memorial Wayside.

Devil's Elbow State Park—Showing parking and picnic area, by and offshore rocks.

Yachats Ocean Road Wayside—Rock fishing.

Umpqua River from Umpqua Wayside.

Cape Arago State Park—Picnicking and offshore rocks.

Jessie M. Honeyman Memorial State Park—Sand dunes.

Sunset Bay State Park—Sunset Bay.

Shore Acres State Park—Gardens.

Myrtle grove lease.

Battle Rock Wayside—Rock, Port Orford Bay and offshore rocks.

Humbug Mountain State Park—Overnight camp.

Cape Sebastian State Park—Beach and offshore rocks.

Samuel H. Boardman State Park—Whales Head Creek and rocks.

Harris Beach State Park—Goat Island, taken from top of Harris Butte.

Harris Beach State Park—Hunch Back rock and shore.

Azalea State Park—View point, rest shelter and azaleas.

Azalea State Park—Azaleas.

Sand Removal

Removal of sand from the ocean shore has been an economic need in many places, especially where commercial plants were not available or where they were located some distance from the site of use. The first record of such use was made in 1939, at which time the Commission decided that local people could take sand or gravel from the beaches for their own use, but prohibited removal of the material by contractors.

In 1945, former Governor Oswald West objected to the removal of smelt sands from Yachats beach. He claimed that the taking of sand from the beaches where the smelt were spawning would eventually destroy the run of a valuable food fish. The Administrator of the State Fish Commission stated that removal of smelt sands from the beaches would not be detrimental to the spawn or the young fish except during the months of May, June, July and August. The Commission then issued permits for the months recommended by the Fish Commission.

Vehicles and Horses

Long before Oregon became a state the ocean beaches were used by wagons and horseback riders as a means of communication between coastal settlements. As the state's population increased, roads were built to satisfy the greater need. The economic need of beach travel had ceased by 1940 and in its place were the vacationists, the sun bathers, the surf swimmers and the fishermen. They had taken over the beaches in no small numbers. The automobiles had become a nuisance to the new use. The packhorse had been replaced by the pleasure-horse and riders. The beach use by automobiles had to be restricted by 1941. The city of Bandon wanted to restrict the "hot rodders," Cannon Beach and Gearhart wished to control automobiles, and Agate Beach wanted to control fast-moving cars. Appropriate signs were placed at each of these places. The Clatsop County Court, in 1950, wished the car traffic at Cannon Beach controlled. The thought was reversed by the County Court in 1957 when a group complained about the Cannon Beach car problem.

There are two places where beach use by cars had the approval of the Highway Commission in 1961. One is a 300-foot strip immediately south of Cape Kiawanda where cars had formerly been prohibited so as to eliminate the danger in boat launching. The other is at Manzanita in Tillamook County where cars were permitted on the beach but the Commission set a speed limit of 15 MPH.

Since beach use has become popular for the pleasure of walking, sun bathing, etc., horses have been an incompatible use of the beach. Invariably the corrals are located in a heavy, personal use area. With young and inexperienced riders there are hazards frequently developing over which the Highway Commission has very little, if any, legal authority to control.

Flight Strips

Nehalem Bay State Park

The Oregon State Board of Aeronautics constructed, in 1958, a flight strip on the northern end of Nehalem Bay State Park, parallel to and 500 feet westerly from the proposed new Highway 101 between Manzanita and Nehalem Bay.

The dimensions of the strip are 50 x 2400 feet; the land required is 250 x 2600 feet, with an extra strip 200 x 1200 feet for eventual buildings on the west side of the northern end. Also provided was an entrance road 50 feet wide.

Fencing of the area is to be done when the park use justifies it, and the Board of Aeronautics has agreed to construct it. No buildings are to be placed on the property without first being approved by the Highway Commission. The agreement runs for a period of 25 years starling January 15, 1958.

Floras Lake State Park

The United States Government, during World War II, constructed a fine flight strip in northern Curry County on the southern edge of Floras Lake State Park. Slightly more than half of the strip is on state park land, the remainder is on land owned by Curry County. The flight strip is approximately 5,000 feet long and 100 feet wide.

The state land on which the flight strip is located was leased to Curry County on July 7, 1943, for a period of 25 years. The county in turn leased the entire tract, both the state- and county-owned lands, to the government for a period of 25 years. The county wished to purchase the land but the Highway Commission was reluctant to sell. The Commission expressed a desire to retain all lands acquired for park purposes.

The Commission granted a right of way easement to Curry County on February 17, 1944, for the flight strip road across the state-owned property. The Civil Aeronautics Administration constructed both the road and the flight strip.

Boating

The boating demand in state parks has become an item of real interest, particularly since 1955. It was only a casual item to be reckoned with in the park interests prior to that time. Since then, there has been a "boat use explosion," as boating has become a tremendously popular activity.

Pleasure boats became so numerous that many state, county and federal authorities were alarmed, fearing what might happen if controls were not introduced by proper authority. Therefore, the 1959 Legislature made provisions for a State Marine Board, with the authority to register and regulate the pleasure boats within the state. Registration in 1962 amounted to 58,000 boats.

The State Parks and Recreation Division made provisions for the great increase in all parks where boating is possible. This resulted in the construction of 34 boat ramps with parking and sanitary facilities and water at many places for the boat use. In some instances the ramps were wide, as much as 400 feet, permitting several boats to be launched or removed at the same time. Two of these boat ramps were constructed by the State Game Commission, one at Ben Hur Lampman Park and another at McLeod Wayside.

At Wallowa Lake there is one boat ramp, two boat shelter basins, two boat floats, two large areas for parking cars and sanitary facilities.

At Rooster Rock the boating facility required one-half mile of channel deepening, straightening and widening of the natural stream. The improvement also included enlarging a turning basin, constructing a wide paved ramp and a car parking area.

The State Highway Commission approved, on January 31, 1952, a plan for joint examination of projects concerning the Game Commission and the Highway Commission, especially the access roads to lakes and streams to aid the fishermen in launching their boats.

The plan is for one man from the Game Commission and one from the Highway Department to examine and make a joint report concerning each separate project as to the project merits for the approval of the two Commissions.

The total expenditures for boating facilities from 1948 to 1962 was $1,023,720.

United States Military Forces

The military forces have made use of many of the state parks for observation and protective purposes. In some instances large guns were established in pits. Two radar stations were established at Ecola and Shore Acres Parks. The stations were later removed.

All 17 of the parks used by the military forces were closed to civilians during the occupancy, which lasted from 1942 to about 1945.

A minimum of damage was done in the occupancy. The greatest damage occurred at Shore Acres where a group occupied the old Simpson home which was later removed. The damage to the building was paid for by the Government.

The parks between the Coast Range and the Cascades were used by the military forces for pleasure and rest, particularly the Rogue River areas in Jackson County by the Camp White forces, and the mid-Willamette Valley area by the Camp Adair men.

Public Use

Park Use

Information indicates that park usage was great from 1920 to 1937, even though no counts were made. It consisted principally of travelers camping along the highways where there was sufficient space for tenting. Water and fuel were necessary items in the areas. In this way families could spend a few days at the beach or visit "Cousin George" some distance away at a very small expense.

The period was followed in the late thirties by one where reasonably modern-day facilities were provided in the state parks. The U. S. Forest Service provided many forest camps for overnight use, all with fireplaces, camping spaces, water and toilet facilities.

Overnight Use

The idea of and demand for more camps with provisions for overnight use was growing fast by 1950. Many pleas were made to the Highway Commission to enlarge and increase the park facilities. Therefore, in 1952 the first state park overnight camps were put into use. These were at Silver Falls and Wallowa Lake State Parks. A great amount of study went into the designing of these camps in order to incorporate the latest planning and the best facilities. These two camps were followed with others by increasing numbers until at the end of 1962 there were 44 parks providing overnight camping with trailer and tenting amounting to 2,739 spaces. The camps provided a one night outing equivalent to 842,408 people during the year 1962.

The Fort Stevens State Park, in the northwest corner of the state, with 380 trailer and tent spaces, accommodated 100,395 people during the 1962 season. This indicates the popularity of state park overnight camping in pleasing and enjoyable surroundings.

Jessie M. Honeyman Memorial State Park, located in the central part of Oregon's coast line, is outstanding insofar as interest and use are concerned. It has 303 camp and trailer sites, and during 1962 provided an outing equivalent to 101,865 people for a one night's stay.

These two high-use parks have many interests for the visitors to enjoy, such as boating, fishing, swimming, forest trails and the beach with its many interests. Then, too, these two parks are within reasonable driving distance from the larger population centers.

Experience indicates that many people go to the same place each year because of their particular liking for the interests offered. It is also found that visitors are sometimes instrumental in others selecting the same place for outings.

Day Use

Day use of state parks has been beyond the fantasy of dreamers. Since 1948 visitors have increased from 2,157,480 to 11,570,313 during the year 1962. The trend indicates there is no material slackening in the increase. While many of the visitors are from out-of-state, it shows the attendance to be 6.43 times the population of Oregon, which in 1962 was 1,800,000.

There are a number of situations responsible for the increase in park use. Among them are the advent of the five-day work week, an increase in paid vacations, higher rates of pay and other economic conditions affecting the average person, as well as an increase in outstanding facilities, improved highways and better cars.

Youth Camps

The three youth camps in state parks are all located at Silver Falls State Park. They are named Silver Creek, Smith Creek and North Falls Camps. Each has its own swimming pool. There is another area, known as the Ranch, which is used by youth groups and others. These Ranch users are required to supply their own needs other than the one building for the use of the entire group.

Silver Creek Camp will house boys in four different areas, each with five open-air cabins and sanitary facilities. There is one large swimming pool for use by the camp. The group has the use of the headquarters building, the infirmary, the dining room and the swimming pool. The principal user of this area, the Salem Y.M.C.A., constructed the swimming pool, rent free for a period of ten years.

Smith Creek Camp is arranged similarly with two areas, each with five small open-air cabins, toilet facilities, etc. The group has the use of the dining room, the infirmary and the swimming pool. The State Parks constructed a filtering system and chlorinator, with the necessary housing and pumps for the equipment, at the swimming pool.

The North Falls Camp makes use of the old Civilian Conservation Corps camp buildings and facilities. A recreation hall and swimming pool have been added. The swimming pool was built by the Conservative Baptist Association of Oregon, and that Association has been the principal user, rent free for a period of ten years.

Leases have been entered into for the operation of three of these camps. The leasing groups furnish the operating force throughout the season for not only their own youth but others.

Operation of the Smith Creek Camp is handled by the Santiam Area Council of the Girl Scouts. The Silver Creek Camp is operated by the Salem Y.M.C.A. The North Falls Camp is operated by the Conservative Baptists of Oregon. The Ranch area is not operated by an organization.

The use for 1962 in youth camper nights was:

Group Camps

In the state parks there are nine areas where special arrangements and facilities are made for small groups of from 20 to 200 people to use the area for a weekend or a week's stay. The minimum size group is 20 and the charge is 25 cents each per night.

There were 11,176 people who made use of this group service for overnight stays in the parks during the 1962 season.

Leases

Concession Leases

Silver Falls State Park

The concession at Silver Falls State Park was established in February, 1947, at which time the Commission signed an agreement with Mr. and Mrs. Ralph Nohlgren of Salem. The large building at the park was used for the concession service. The lessee also used the long, 20-foot wide building located on the opposite side of the entrance road as an abode for his employees.

The service rendered included dinners, lunches, soft drinks, ice cream, etc., as well as sales of souvenirs. The Nohlgrens operated the concession through the 1953 season.

In January, 1954, the lease was re-advertised and let to Mr. and Mrs. J. L. Campbell, the high bidders, at $50 per month plus 1% of gross income over $4,000 per year. The lease has been extended from year to year.

Rooster Rock State Park

The concession at Rooster Rock State Park was awarded to P. & A. Enterprises in 1958, after construction of the building had been completed and bids were advertised. The terms were 20% of the gross income. P. & A. Enterprises decided at the end of 1960 to discontinue operation of this concession.

The concession was then awarded to Otha Jones of Portland, after re-advertising. The terms are the same, 20% of the gross. It has since been a successful service and Mr. Jones paid the state a total of $3,555 for the year 1962.

Fort Stevens State Park

The Highway Commission awarded concession privileges at Fort Stevens State Park to Robert T. and Margaret F. Blake on May 8, 1958, as a result of competitive bids. The bid price was 18-1/2% of the gross income.

The concession was not a success and after Mr. and Mrs. Blake tried to work out various schemes to increase the income, they gave up the concession at the close of the 1959 season.

Crown Point State Park

The concession in the Vista House at Crown Point State Park, located 23 miles east of Portland on the Columbia River Highway, was let to the highest bidder in 1947. The Multnomah Falls Gift Shop was the successful bidder at 10-1/2% of the gross sales. The service consists of sale of cards, souvenirs, etc. The Multnomah Falls Gift Shop sold its interest, with approval of the Commission, to Kyle S. Smith in 1961.

The concession proved to be very successful, as income to the state amounted to $7,551 in 1947, with lesser amounts the following years. It paid $6,016 in 1962. A suit contesting the leasing of public property for concession purposes was filed by a nearby restaurant operator and tried in 1957. The Court found in favor of the state.

Depoe Bay State Park

The Depoe Bay concession building was constructed in 1956 and named "Depoe Bay Lookout." This name was contested by a Mr. Badley, operator of "The Lookout," a souvenir and viewpoint shop at the highway summit at Otter Crest. The Commission then changed the name to Depoe Bay State Park. Concession privileges were contracted to Oregon Gifts, Inc., on April 26, 1956, at a rate of 7% of gross sales. On December 6, 1957, the Commission granted permission to close the building during the months of January, February and March, except Saturdays, Sundays and legal state holidays. A transfer of this lease to Mr. and Mrs. Richard F. Thomas was approved on March 2, 1962. The present lease expires January 1, 1964. This arrangement has been reasonably successful. Payment to the state in 1962 amounted to $2,257.

Wallowa Lake State Park

The boat concession at Wallowa Lake was given to Mrs. Irene B. Wiggins, operator and owner of the Wallowa Lake Lodge, in 1947, as a part of the consideration in which the state purchased from her 83 acres of land as a part of the park area. The agreement ran for five years with no charge for that period of use. The agreement has been renewed from time to time, but the extensions are all at the rate of 10% of the gross income. The amount paid to the state during 1962 amounted to $905. The boat dock and facilities are state-owned property.

Humbug Mountain State Park

A dairy product concession was established at Humbug Mountain State Park in Curry County. The Highway Commission called for bids and awarded the contract in 1958 to J. B. Kosta, the only bidder. The bid price was $25 per season. The Commission justified this price as an experiment to determine the need for the concession.

The concession was not too successful and Mr. Kosta transferred the agreement to H. Knapp, who operated it for two seasons, 1959 and 1960, after which it was abandoned because of the small volume of business.

Farewell Bend State Park

During the last half of 1962, studies were made as to the necessity of a boat and store concession at Farewell Bend State Park near Huntington. Results of the study led to the advertising for a concessionaire to operate a store building, boat dock, etc., to serve the needs of the boating public using the waters of the Snake River in the vicinity. Rental is to be $118.50 per month. The state constructed a small store building, car parking area and the boating facility.

The concession agreement is dated February 18, 1963, and is issued to Bruce Kirkpatrick of Baker.

Land Leases

Boiler Bay Wayside

The Highway Commission approved a 5-year lease, beginning November 8, 1962, to Mr. and Mrs. Lloyd C. Finley for a T.V. antenna site located on top of the promontory on the easterly side of the highway in Boiler Bay Wayside. The rental rate is $100 per year. The T.V. antenna serves the community of Depoe Bay and nearby houses by a contract for the service with Mr. and Mrs. Finley.

Cascadia State Park

Ben F. Phillips, who operates a motel near Cascadia State Park in Linn County, was granted a permit on November 15, 1961, to use water from a spring on the southerly side of the highway at Cascadia Park. Mr. Phillips needed the water to supply his motel. The rate of payment is $25 per year.

Mr. Phillips was given permission to install a T.V. antenna in Cascadia State Park on the south side of the highway. The lease is dated April 29, 1959, and is at the rate of $25 per year.

The Highway Commission approved on October 11, 1951, granting the Cascadia School District #58 the right to obtain water from the park source in excess of that needed for park use.

Grazing Leases

The Multnomah Falls Gift Shop, Inc., asked in 1957 to lease a 72-acre tract of land at Rooster Rock State Park for stock grazing purposes. This area is located between the highway and the railroad and was not being used. Bids were called and the gift shop was high bidder, having bid $505.50 per year for five years. This agreement was not renewed.

In 1939 there was a contract awarded to Robert Fromm to graze sheep at Humbug Mountain State Park at a cost of 50 cents per head per year.

Another agreement was entered into about 1939 with Vernon Turner for him to graze sheep at Cape Sebastian State Park at 50 cents per head per year.

Little revenue was received from these sheep grazing leases as it was very difficult to count the sheep scattered throughout the park and adjoining lands. These leases were canceled in 1953 as park usage had increased and developments were started.

A farm lease was entered into with Henry Zorn in about 1944 for 45 acres of land at Champoeg State Park. Agreed price was $225 per year and the agreement terminated at the end of 1955.

Organization

Oregon State Parks and Recreation Division and Organization

Plan for Park Development and Changes

The State Highway Commission operates under certain controls set up by the Legislature which established its jurisdiction over the State Parks and Recreation Division. This includes the authority to acquire, develop and maintain areas containing scenic values and other features of interest for park purposes as might be necessary for the general welfare and pleasure of the public. The law also provided for park sites to be acquired to preserve stands of native trees, flowers, shrubs and ways to our ocean beaches. The Commission may also make regulations and provisions for the use and administration of state parks and all recreational, scenic and other places of attraction which are owned by, or under the control of, the State Highway Commission.

The Highway Commission regulates the basic activities of the State Parks and Recreation Division, such as formulating the policies, making regulations, approving the general plan of procedure, the budget and the organizational structure of the division.

Expenditures for state park areas are made with the thought of securing the greatest possible recreational values which will most benefit the people on a state-wide basis. Thus areas that are acquired must have great natural attractions, be unique, or provide outstanding recreational opportunities which are considered to be of state-wide interest. This precludes acquisition of areas determined to be only of local recreational interest. It is felt that municipalities, communities and counties have a definite responsibility to their own residents in providing developed recreational opportunities for them. While it is realized that state parks are heavily used by local people, it is felt that the character of the park should be such that it would attract, and thereby serve, people from other sections of the state as well.

Oregon state parks are free to the public, there being no entrance or parking charges; fees are only for special services or facilities, such as overnight camping. This is based on the assumption that the people who use them should pay toward the cost of providing and maintaining them.

The State Parks and Recreation Division, with respect to its principal administrative, supervisory and professional positions, is organized in depth so that qualified and experienced persons presently filling the principal positions are also gaining experience through their everyday activities in preparation for higher positions when such may become vacant at any time in the future.

Funds for expenditures for Oregon state parks come from the State Highway General Fund. These funds are derived from road user taxes, including those levied on motor vehicle fuel and use, and ownership and operation of motor vehicles.

Plan of Park Management Changes

Oregon's first State Parks Superintendent was appointed in 1929. His duties were, in the main, to search for and recommend areas suitable for state parks, plus the added responsibility of construction, maintenance and care of all park areas.

During the years in which the federal alphabetical organizations were aiding in the park development, it was the duty of the Parks Superintendent to supervise the work of all of these agencies insofar as the park work was concerned, and also to further the acquisition program. The cooperative work ceased at the beginning of World War II and was never resumed. At the end of the war the Commission added to the responsibilities of the Parks Superintendent the duty of landscaping along the highways and on other properties of the Commission. This work was previously being done by a landscaper assigned to the Construction Division.

In late 1947 it was suggested that a separate group, under the direction of the Construction Division, be organized and be responsible for the landscaping of the roads, the highway building grounds, the stockpile sites, etc. In late 1948 this change was put into effect. The Parks Superintendent was to confine his efforts to acquisition, development and operation of the state parks.

A new Parks Superintendent was appointed on July 1, 1950. The Commission decided in 1950 that further acquisition was unnecessary in connection with the park program—at least for the time being. The Parks Superintendent was to confine his efforts to development of the areas already obtained.

The new policy relating to acquisition created a very difficult problem, in that so many people had definite and decided opinions, whether good or bad, relative to such plans. Many well-meaning people advocated no development but an increase in the acquisition.

The Commission was not induced to change the plans for construction and maintenance. It did approve increasing the acquisitions as needed. This cared for the requirements necessitated by the increase in use of parks, but did not stop the clamor for a separate parks organization started several years earlier.

To further relieve the situation, a study was made during 1955-56. A report from the study group favorably compared the Oregon park plan with that of other states, producing a desirable counterinfluence. The many letters in the files further indicate that the users of the parks were well pleased with the Commission's plan of handling the parks in this state. The great increase in park attendance also indicates approval and acceptance of the plan.

The State Parks Superintendent, in addition to his regular duties, has to function in coordination with other division heads within the Highway Department. Although state park activities are of concern to the other Highway Department Supervisors, such as how the use may affect vehicular traffic, land acquisition matters, etc., the state parks are also benefited in many ways. The above is due to the Parks Superintendent's position in relation to these divisions, for it is through this close cooperation that the many services of the Road Division are made available to the Parks Division. This results in a substantial saving to the people of this state. He has experts available from the Road Division for consultation and special analysis on problems relating to road construction, building and bridge design, traffic engineering, laboratory testing, specification and contract writing, plans, publicity, etc. As a result, this situation promotes greater efficiency of state park operations at less cost.

State Park Organization and Duties

Assistant State Highway Engineer

The Assistant State Highway Engineer reports to the State Highway Commission on park matters and has general supervision over all of the park responsibilities.

State Parks Superintendent

The Parks Superintendent must be well qualified in park techniques and management as he is responsible for all phases of state park operations. He must expend the funds made available for park purposes in such a manner as to insure the greatest benefit to the public. While his duties are mainly administrative, it is also necessary that he have the working knowledge of a wide range of technical subjects pertinent to park operations. In addition to directing overall acquisition, development and maintenance of the parks system, he must be an envisionary planner in order that the park system will fulfill its purpose of service to the public in the future as well as at the present time. In addition to supervising, coordinating and outlining the duties of his own staff, he has the responsibility of preparation of the annual budget, public relations, recommendations on policy and regulations covering the operation of the state park system. As to the activities of his staff, the Parks Superintendent coordinates, directs, assigns and reviews the work of his assistants through the Deputy Superintendent.

State Parks and Recreation Advisory Committee

Working with the State Parks Superintendent is the Oregon State Parks and Recreation Advisory Committee consisting of six members appointed by the Governor upon recommendation of the Highway Commission. This Committee was created in September, 1957, and has the responsibility of acting in an advisory capacity to the Highway Commission on park and recreation matters through the State Parks Superintendent. Park problems referred to the Committee for their thinking, consideration and analysis include policy changes, land acquisition and purchase, park development, historical features, concessions and controversial matters.

Deputy Parks Superintendent

The Deputy Parks Superintendent is the principal assistant to the Superintendent and in his absence assumes the Parks Superintendent's duties. His principal responsibility is supervision over all of the park forces and their activities. This involves direct supervision through the Assistant Parks Superintendent, a Field Engineer, five District Supervisors and all field forces engaged in operation, maintenance and improvement of the state parks. He directs the assignment and inspection of the work of the state park field forces and checks the work of technicians in many professions. He also supervises the preparation of all project plans, development, etc.

The Deputy Parks Superintendent also supervises and directs the activities of the Recreation Division, as well as the land acquisition group.

Recreation Division

The Recreation Division was established as a result of the 1959 legislative action whereby the law relating to state parks was modified by changing the title of the State Parks Division to State Parks and Recreation Division of the Highway Department, establishing the position of Recreation Director and setting forth his duties under the State Parks Superintendent.

The work carried on by the Recreation Director is to aid the small communities and the counties of Oregon to establish recreation facilities and plan recreation programs.

Land Acquisition Section

It is the duty of the Land Acquisition Section to follow through on acquisition of the proposed areas by checking on the progress in the series of operations, such as correct descriptions, title reports, negotiations, etc.

When negotiations have been completed, the Acquisition Supervisor makes detailed records of the transactions and advises his superior. He also maintains detailed records of other transactions, such as agreements, leases, easements, sales, logging contracts, permits for roads and pole lines crossing park properties, etc.

Assistant Parks Superintendent

The Assistant Parks Superintendent is the principal aide to the Parks Superintendent and his deputy. The assistant acts as the principal engineer of the division, supervises the Office Management Section, Field Operation Section, Engineering Unit and the Planning Section. He checks the work of these sections for compliance with policy, correctness of plans and design by the Engineers and the Planning Unit, and follows through on the surveys and development of logical designs for construction.

Office Management Section

The Office Management Section takes care of the records, requests for information and many other duties. One of its many functions is to prepare the annual budget under the direction of the Assistant Parks Superintendent, listing his recommendations for all park expenditures. Separate amounts are listed for surveys, acquisitions, construction projects, maintenance, administration and supervision.

Field Operation Section

The principal duty of the Chief of the Field Operation Section is to supervise the technical field work as an aid to the Assistant State Parks Superintendent. He plans and assigns the work for each supervisor, and inspects and reviews the work performed by the custodial and maintenance forces, including construction work in the parks.

The State Parks and Recreation Division has 215 employees, of which 150 are on a year-round basis. The others are seasonal workers hired for field work during the summer season in order to care for the greater summer use. Actually it is a relatively small organization numerically, this being made possible through the relationship it has with the Road Division, as the road personnel is made available to the division on a part-time and consulting basis.

District Park Supervisors

The state park system is divided into five geographical districts for administration and operation purposes, with a District Park Supervisor in charge of each. District I headquarters is in Portland. This supervisor is in charge of all park areas in the northwestern portion of the state. Park District II Supervisor is located in Salem. He has the responsibility of all parks in the area immediately south of District I to near Drain and from the summit of the Cascade Mountains to the coast. District III Supervisor is located at Coquille and administers those parks along the coast in the southwest portion of the state. District IV has its headquarters at Bend and takes in the central portion of the state as well as some of the southwestern portion. District V headquarters is located at La Grande and takes in the parks in the eastern portion of the state.

Engineering Unit

The Engineering Unit, under the Assistant Parks Superintendent, makes surveys of park areas, prepares park plans and specifications for all types of contract jobs, makes investigations and reports on various phases of park work involving engineering. This section also establishes park boundary lines and makes layouts of numerous park improvements.

Planning Section

The Planning Section conducts investigations and makes studies relative to the present and future development needs of the park system. The planner makes explorations of proposed park sites to determine if they meet the specifications established for state parks. He also studies existing parks to determine if improvements are required as a result of overuse of the facilities. He makes projection charts from past attendance at each park, as a further aid, and also directs the preparation of plans for proper development of each area in accordance with the best recreational land use practices. He carries on a continuing investigation to ascertain the public's desires in recreation and what provisions will be necessary to adequately serve the public due to the increasing needs in the state.

There are other considerations entering into the selection of areas for state park purposes. In many cases a park is not only judged on an individual basis, but also as to the recreational needs in a certain region or area, and its relationship to facilities and recreational developments provided by other agencies. In addition to having outstanding scenic or recreational opportunities, state park requirements include the adaptability of the area to development which includes its suitability for recreational use; i.e., whether it is practical to develop the area and provide facilities for the health, comfort and safety of the visitors. This consideration is governed, in most cases, by the cost of the project in relation to the amount of anticipated visitation to the area. In addition, because justification for state parks in Oregon is one of service to the public, it is important that the acquisition of additional areas to the state parks system contribute as much as possible toward providing the varied recreational needs of the people who are to use them.

Future park area deficiencies are determined by public utilization forecasts of the areas in use, and examinations are made of suitable properties that might be obtained as needed.

In the development of the state parks, improvements are made in a manner to best meet the recreational needs of the people. It is realized that use trends and the public's preferences in recreation are subject to change, so park programming must of necessity be flexible to meet these changing needs. The development of areas for public recreational use requires that thorough studies be made in order that the facilities and areas provided will yield the highest possible public service and be in conformity with the purpose for which the areas were acquired.

(Much of this article has been taken from a paper written by R. C. Dunlap, August 6, 1959.)

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State Parks Policy

The following is a report rendered by R. C. Dunlap, Parks Planner, in 1957 relating to policy established by the Highway Commission in the various phases of acquisition, development and use of Oregon State Parks:

"The State Highway Commission in Oregon also functions as the Parks Commission, and as such establishes the policy relative to the operation of the parks system.

"The Legislature has set up certain controls to guide the Highway Commission in its park functions. Among these controls is to establish policy as relates to the acquisition of areas for park purposes, as follows: Each should have some scenic or recreational value or other attraction which will contribute to the general welfare and pleasure of the public; typical growths of trees native to the state are to be acquired and protected as well as shrubs and flowers; and, provisions shall be made to provide public ways to the rivers and sea beaches of the state. Revenue to acquire, improve, maintain and operate the park system is derived from the road user. The reasoning behind this is that the use of the parks creates travel.

"From the above it is evident that the Legislature intended that Oregon's state parks be of service to the people and the motorist in particular. This is the keynote in the operation and development of the park system. Especially has this become true in the last five years with the utilization of so many areas acquired in a period of more than twenty years prior.

"The following is a brief discussion of state park policy as divided into the several phases of the parks program.

Acquisition

"Expenditures for state park areas are made with the thought in mind to secure the greatest possible recreational values for the state which will in turn be of the most benefit to the people on a state-wide basis. This policy precludes the acquisition of areas which are not distinctive or of notable character to be of interest to, or attract, people from other parts of the state. Other areas which are not considered for acquisition are those located within or near urban or suburban communities, it being the thinking that it is a local responsibility to provide recreation areas and facilities for these people.

"Many considerations enter into the selection of areas for state park purposes. Although natural features of recreational interest to people are, so to speak, located 'where you find them,' it is park policy to make acquisition expenditures, insofar as possible, in every county so the largest number of people on a state-wide basis will benefit therefrom. In line with this thinking is the practice of giving adequate consideration to accessibility, as the element of public use is very important in selecting a site; thus it is difficult to justify the acquisition of an area if it will not promote use.

"Individually, a state park must have certain natural attractions which will be of interest to people or features they enjoy from a recreational standpoint. 'Recreation' means different things to people; to some it means an environment to relax in; to others it may be such strenuous activities as hiking or swimming; while many people enjoy outstanding scenic features by observation. Other state park requirements include the adaptability of the area to development which includes its suitability for recreational use and whether it is practicable to develop the required facilities for the health, comfort and safety of the visitors. This consideration is in most cases governed by the cost of the project in relation to the amount of anticipated visitation. Not all areas acquired for the state parks system are intended for intensive use. For example, areas of recreation value have been accepted in many cases from donors who desired only a minimum of improvement.

"As the justification for Oregon state parks is one of service, it is highly important that the acquisition of additional areas contribute as much as possible toward providing the amount and type of space required to fulfill the varied recreational needs of the people. Individual park attendance forecasts are utilized to determine in advance where the impact of increased use may be destructive of the natural features, and/or where public enjoyment may be lessened due to overcrowded conditions. Thus, arrangements are made in advance to purchase additional land to alleviate the results of overuse wherever a shortage of land is indicated.

"Park acquisitions are made for other reasons than to fulfill the very important requirement of sufficient space. In some cases a diversity of ownership may create administrative problems, thus, making it highly desirable to complete the park ownership pattern. Acquisition of outstanding natural features subject to private exploitation is necessary if the public interests are to be safeguarded. Geographical balance as well as wide variety of types of parks is strived for although not easily attained.

Development

"For some 20 years prior to 1950 the predominate parks policy had been one of emphasis on land acquisition. During this period many areas containing some of the state's most outstanding natural features were obtained, ways were acquired to the Pacific Ocean beaches, and many miles of forest waysides set aside. Public demands for the development of these park areas became increasingly strong after World War II, and the Highway Commission responded to the public's recreation needs by changing its theretofore predominate policy of acquisition to one of development.

"Oregon's state parks have been rapidly improved during the past five years as studies have indicated the necessity. Provisions have been made for the proper number, amount and type of facilities for the basic comforts and convenience of park visitors in order to make their stay more enjoyable. Care has been taken in the design and placement of structures and other appurtenances so as not to adversely alter the natural features. A policy of weighing park improvement costs against anticipated public use has resulted in a maximum of recreational benefits to the people at the least cost. Orderly park development and expansion requires that maximum public use be insured while holding the destruction of the perishable features to a minimum. Individual park attendance forecasts have proved of great value in anticipating the need for park expansion prior to the destructive impact of overuse.

"Oregon's parks are developed in a manner to best meet the recreational needs of the people. It is realized that use trends change, so park programming must of necessity be flexible; however, basically one builds around the natural features of an area. The development of new areas requires that thorough studies be made in order that the improvements to be constructed will yield the highest possible public use in conformity with the purposes for which the area was acquired.

Operation and Maintenance

"It is the policy of the Highway Commission that park facilities be kept in the best of physical condition. Park grounds and facilities are maintained in a clean, neat, sanitary and orderly manner; and thus, the public's enjoyment is increased and their health and safety protected. State park field personnel operate and maintain the park areas; although, State Highway Maintenance Divisions can readily be called upon for labor as well as equipment in case of emergencies or special tasks with a resultant saving in time and money to the state. The Highway Department maintains park roads, bridges and parking areas, the cost of which is paid for by funds allocated for such purposes.

Revenue

"The revenue obtained by state parks operation is a very small sum as compared to its annual expenditures varying from five to ten percent of the total in the past few years. Oregon's parks are free for the public to use, there being no entrance or parking charges or other means of collecting fees for the general use of the areas. Nominal charges are made for special services or facilities, such as overnight camping. This is based on the assumption that those who use these areas should pay toward the cost of providing and maintaining them, which in most cases, entails substantial construction and operating costs.

"It has not been the policy to provide hotel, cabin and lodge accommodations in Oregon state parks; these in many states are heavy income producers. Basically, it is believed, living accommodations should be provided only as a means of enabling the visitors to obtain a fuller and more satisfactory enjoyment of state parks. Leases, rentals and salvage timber sales contribute to the revenue received from Oregon state parks, in addition to the charges made for special services.

Timber Resources

"Oregon state parks include many miles of timbered waysides containing representative stands of the state's native trees, and in addition, most other parks have varying amounts of tree growth. It is the policy to preserve these timber resources to as great an extent as possible in conformity with good park management practices. Park improvements are made with careful regard to tree and shrub growth, and overuse of an area by the public which would destroy these features is continually guarded against. Park personnel are on the alert for timber trespass, and when such cannot be prevented, action is vigorously pursued against the offender to reimburse the state for the damages incurred.

"It is park practice to sell dead and down timber if the removal does not impair park values to a greater extent than the benefits gained. This would include salvage of windthrow and other down material, as well as dead or dying standing trees in some cases. This practice may alleviate a fire hazardous condition or prevent an insect or disease buildup that would threaten park timber nearby. Dangerous standing trees are removed if they are a threat to public safety. The Highway Department employs the services of a forester for timber appraisal work who also handles park timber salvage operations. Advice on forestry problems is sought from both federal and state forestry agencies as situations occur that require technical treatment. Adequate safeguards are taken to protect tree and shrub growth in park areas where it is necessary to grant easements or rights of way for utilities, etc. All requests for removal of shrubbery or flowers in state parks are denied; thus, preserving them for the enjoyment of the general public.

Hunting

"It is unlawful to kill or injure any bird or mammal in a state park; all parks are game refuges and the wildlife therein are for the enjoyment of the visitors to observe. However, the control of predatory animals and rodents may be ordered by the Highway Commission, as it was not intended for state parks to be reservoirs for the dissemination of species injurious to surrounding interests. Advice or assistance on game management problems is sought from the State Game Commission.

Non-Conforming Uses

"These may include grazing, mining, farming, logging, hunting, power sites, building sites and right of way permits of certain types. Several of these have been previously discussed, while some of the others may be justified in the sense of good management.

"The governing principle as to whether allowances should be made to permit certain types of uses of park property is: Does it adversely affect the park in any way which would not be in the best interests of the public from a recreation standpoint?

"It is park policy to permit grazing, for example, if it is confined to a non-public use area, and thus does not interfere in any way with the recreational use of the park. Grazing may be of material benefit to some park areas by reduction of fire hazards. However, as with all permits, these operations must be controlled in order that overgrazing does not take place which would deteriorate the range to the detriment of wildlife or start erosion on park lands. Thus, decisions are made on so-called 'non-conforming uses' by what is beneficial or detrimental to an area as a park.

Leases

"The Highway Commission does not permit the operation of a business or concern of any kind for the purpose of selling goods or services in state parks without permission. Commission policy on the granting of such privileges is determined on the basis of the contribution such services will make toward the enjoyment of the park visitors and the effect upon the park itself. It is on the basis of public need, usually accompanied by a lack of privately operated services of a like nature in the vicinity, which is the deciding factor as to whether a lease is granted. Adequate controls over the lessee's operations are incorporated in the agreement so that the state's interests are fully protected.

River, Stream and Lake Access

"The trend of the past few years toward increased use of the state's lakes, reservoirs, rivers and streams for recreational purposes has emphasized the need for adequate access in the public's interest. This will become of increasing importance in the future as the demand grows greater and the opportunities for setting aside access strips decreases. The State Parks Division is limited in acquiring water frontage areas to sites that are suitable for state park purposes. However, any opportunity to promote stream and lake access for present or future use is not overlooked. Proposed highway locations along or across lakes and streams are investigated to determine what provisions are necessary, if any, to provide access especially for future use.

"Governmental agencies are being urged to plan for recreational use prior to reservoir construction in order that sufficient water frontage areas will be set aside for such use, and the public's right to access will not be hindered or prevented. The disposal of government surplus property areas on reservoirs is another field in which long-range planning from a recreational standpoint should be carefully considered from the federal level."

The Highway Commission formally approved the following 17-point resolution on May 26, 1952:

"1. No fire shall be built, lighted or maintained within the state park except in a camp stove or a fireplace provided, maintained or designated for such purpose, excepting however, that gasoline or oil camp stoves may be used in established camp sites or picnic areas where other stoves are provided. All fires shall be extinguished by their user before leaving the park.

"2. All parks are game refuges. No person shall discharge any firearm in a state park, and all firearms brought into a state park must be unloaded.

"3. No person shall molest, injure or kill any bird or mammal or disturb its habitat in a state park, except for the control of predatory animals and rodents as may be ordered by the State Highway Commission.

"4. No person shall pick flowers, foliage, or cut, break, dig up or in any way mutilate any tree, shrub, plant or fern, or burn, cut or mutilate any railing, building, seat, fence or other structure within a state park.

"5. No person shall dig up or remove any dirt, stones, rock or other substance whatever, make any excavation, quarry any stone, or lay or set off any blast, or cause or assist in doing any of the said things within a state park without permission from the State Highway Commission.

"6. No person shall erect signs, markers or inscriptions of any type without permission from the State Highway Commission.

"7. No person, while in a state park, may operate a concession, either fixed or mobile, or engage in the business of soliciting, selling or peddling any liquids or edibles for human consumption, or distribute circulars, or hawk, peddle or vend any goods, wares or merchandise in a state park without permission from the State Highway Commission.

"8. Automobiles, trailers or other vehicles shall be parked only in designated parking areas.

"9. No dogs or other pets shall be allowed in state parks unless said animals are confined in a vehicle or kept on a leash.

"10. No bottles, cans, ashes, waste, paper, garbage or other rubbish shall be left in a state park, except in the receptacles designated for that purpose.

"11. No person shall set up or use a public address system in a state park without the permission of the State Highway Commission.

"12. No person shall build a fire in, or set fire to, any pile of driftwood or underbrush.

"13. No person shall ride, drive, lead or keep a saddle horse or other animal in any state park, except on such roads, trails or areas designated for that purpose. No horse or other animal shall be hitched to any tree or shrub in such a manner that may cause damage to such tree or shrub.

"14. No person shall wash any clothing or other materials, or clean any fish in a lake, stream or river in a state park.

"15. No person shall use abusive, threatening, boisterous, vile, obscene or indecent language or gestures in a state park, nor shall any person cause, attempt to cause or bring about any public demonstrations or disturbances.

"16. In order to enforce all rules and regulations, and to maintain a sanitary and orderly appearance in state parks, the state park employee in charge of each state park is vested with the authority to require all persons using said park to abide by the rules and regulations, as well as the authority to determine the size, type and arrangement of individual camping facilities in the park.

"17. The rules and regulations set forth in this resolution shall govern all state parks, and said resolution shall be entered in the minutes and records of the Commission taken at the Commission meeting on the 26th day of May, 1952."

Uniforms

It became apparent by 1957 that park employees should be easily identified by the public. This was particularly necessary when park patrons were seeking information or wishing to report a matter of concern. It was believed that clothing of uniform color and style would be the most satisfactory method of identification.

After careful study of other agency uniforms, to avoid duplication of color, a recommendation was made to the Highway Commission for gray wool and gray cotton material for jackets, shirts and slacks. All uniforms were to be worn with gray hats, black ties and shoes. Shoulder patches of a suitable design were to be furnished. The wool clothing was for those employees who had to meet the public and the cotton material for those on other jobs or for warm weather use. Clothing for the female employees was to be of the same color and material. The Commission approved the plan.

The Highway Commission contributed toward the clothing.

Parks Superintendents and Tenure

Each successive Parks Superintendent has had different duties outlined to him at the beginning of his term. His tenure is at the pleasure of the Chief Engineer or the State Highway Commission and is subject to the rules of the State Civil Service Commission.

Samuel H. Boardman was Oregon's first State Parks Superintendent. His term of office was from August, 1929 to July 1, 1950, and is sometimes referred to as the "Acquisition Period." Mr. Boardman was directed that his principal duty was to select and recommend to the Commission scenic areas and other beauty spots throughout the state suitable for state parks and thereby preserve their scenic beauty for the enjoyment of the present and future generations. When the federal organizations became interested in aiding in the development of parks, Mr. Boardman was directed to supervise the work insofar as the state's interests were concerned. The federal interests began in 1933 and continued to about 1945.

Sam Boardman found the acquisition program to be a source of great pleasure and enjoyment. He was able to increase the park holdings from 6,444 acres in 1930 to 57,195 acres at the time of his retirement in 1950. Of this total, 121 parcels of land were gifts from many sources— the federal, state and county governments, as well as firms, groups and many individuals. The amounts ranged from a fraction of an acre to 5,730 acres.

Upon retirement of Mr. Boardman, the State Highway Commission appointed the writer, an engineer with many years of service with the Highway Department, as State Parks Superintendent. His term of office was from July 1, 1950 to December 31, 1960. He was directed to place more emphasis on construction and development and less on acquisition. Therefore, this 10-year period is known as the "Construction Period." Construction of overnight camp areas was started in 1952. Plans were made and put into effect for new and enlarged day-use areas. Construction continued rapidly through the years. As of the close of 1960, a total of 127 improved parks were able to care for the visitors for which each area was designed—day users and overnight campers. The use increased nearly fivefold. Purchases during this period amounted to 5,800 acres and 33 transactions whereby a total of 5,355 acres were exchanged. In addition, there were 51 gifts totaling 2,931 acres and 1,230 acres of leased lands during this period.

Maintenance of the parks was difficult at times. With sufficient men to make frequent inspections, many problems were readily overcome and others prevented. Areas of heavy use were constantly patrolled which resulted in clean, neat parks and facilities.

The planning section of the Parks and Recreation Division made studies of approximately 150 proposed areas. Many of these areas were proven not usable. Plans were made for all proposed facilities and revised as studies and experience indicated the necessity.

General studies were made, such as the Economic Value of State Parks in Oregon. Other minor studies were completed. The Oregon Outdoor Non-Urban Parks and Recreation study was started during the last half of 1960.

Mark H. Astrup, a landscape architect with 35 years experience, including 15 years with the Highway Department, was appointed State Parks Superintendent on January 1, 1961. He continued in that office to July 1, 1962. This period is marked by the completion of the Oregon Outdoor Non-Urban Parks and Recreation study. Other studies were completed on such areas as The Cove Palisades, Prineville Reservoir and Bullards Beach. Construction and maintenance of parks were vigorously continued as in the previous period. Greater emphasis was placed once again on acquisition and 3,885 acres were acquired, including 4 leases of 617 acres and 9 gifts totaling 2,068 acres. One gift alone was 1,211 acres from Narcissa J. Washburne of Eugene as a memorial to Carl G. Washburne, her husband.

Harold Schick was appointed State Parks Superintendent on July 1, 1962. He holds a masters degree in park management, has had several years experience in park work and is well trained for the position. Just prior to acceptance of the position, Mr. Schick's work was development and management of parks for Marion and Polk Counties and the city of Salem.

The construction and maintenance programs were continued. Acquisition again received greater emphasis and for the 6-month period ending December 31, 1962, it totaled 903 acres. This total acquisition includes one lease on 160 acres at Fort Rock and one gift of nearly four acres from the Portland Women's Forum. Therefore, the budget has been increased materially to provide for an increase in acquisition.

Park Laws

The laws governing Oregon State Parks have been changed from time to time, retaining some of the original features. These changes were made to fit the growing needs as ideas and progress made it necessary.

The laws as of 1963 are as follows:

366.175 State Parks and Recreation Division. The commission shall establish under its jurisdiction and control a division to be known as the State Parks and Recreation Division.

366.180 State Parks Superintendent, State Recreation Director and assistants. (1) The commission shall appoint a superintendent of state parks and recreation, who shall be called State Parks Superintendent, and who shall hold office during the pleasure of the commission.

(2) The State Parks Superintendent shall receive an annual salary to be fixed by the commission, payable in monthly installments, together with such actual traveling and other necessary expenses as may be incurred in the discharge of his official duties.

(3) The commission shall appoint, upon the recommendation of the State Parks Superintendent, a director of recreation, who shall be called State Recreation Director, and who shall hold office during the pleasure of the commission.

(4) The State Recreation Director shall receive an annual salary to be fixed by the commission, payable in monthly installments, together with such actual traveling and other necessary expenses as may be incurred in discharge of his official duties.

(5) The commission may employ such engineers, landscape architects, technical assistants and such other help as, in its judgment, may be necessary for the proper and efficient administration of the parks and recreation division. The compensation, travel allowance and other expenses for such staff and other help shall be fixed by the commission.

(6) This section is subject to any applicable provisions of the State Civil Service Law.

366.182 Powers and duties of State Recreation Director. (1) Under the direction of the State Parks Superintendent, the State 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. However, the director shall not make surveys of recreation facilities, personnel, activities and programs of counties, cities, districts and other local agencies, areas and communities except upon their request.

(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 State Parks Superintendent, the State 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.

366.183 Gifts and donations for park and recreation division. The commission 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 commission in the form of grants, gifts, devises, bequests or endowments for the purpose of carrying out any of the provisions and purposes of ORS 366.175 to 366.183 or to facilitate the carrying out of any of the functions of the State Recreation Director under ORS 366.175 to 366.183.

366.345 Acquisition and development of scenic places. (1) The commission may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, deemed necessary for the culture of trees and the preservation of scenic places and other objects of attraction or scenic value adjacent to, along or in close proximity to state highways, or which may be conveniently reached from or by a public highway. The commission may in like manner acquire land and ground necessary for the development and maintenance of parks, parking places, auto camps, camp sites, road side development, recreational grounds or resorts, forest or timbered areas or other places of attraction and scenic value which in the judgment of the commission are necessary for the convenience of the public, and which will contribute to the general welfare and pleasure of the motoring public or road user.

(2) The commission may develop, construct, improve, operate and maintain the places named in subsection (1) of this section to such an extent and in such manner as will best afford to the motoring public and road users necessary conveniences and accommodations, and as will contribute to the general welfare of the people of the state or the members of the motoring public using the highways of the state.

(3) The commission may acquire by purchase, agreement or donation real property, or any right or interest therein, deemed necessary for the culture of trees and the preservation of scenic places and other objects of attraction or scenic value. The commission may in like manner acquire land and ground necessary for the development and maintenance of parks, camp sites, recreational grounds or resorts, forest or timbered areas or other places of attraction and scenic value which in the judgment of the commission will contribute to the general welfare and pleasure of the public.

(4) The commission may develop, construct, improve, operate and maintain the places named in subsection (3) of this section to such an extent and in such manner as will best afford to the public necessary conveniences and accommodations, and as will contribute to the general welfare of the public.

366.350 Park and recreation regulations. (1) The Commission may make regulations and provisions for the use and administration of state parks and all recreational scenic and other places of attraction which are owned by or under the control of the state, acting by and through the commission. Such regulations shall be duly entered in the minutes and records of the commission. The regulations may provide reasonable charges for the use of accommodations provided in such parks and areas. The regulations shall be posted within the main entrance of each of the areas. Nothing in this section or in ORS 366.175, 366.180 or 366.990 shall impair, restrict or modify any of the powers of the commission with reference to state parks and recreational and scenic areas.

(2) The commission may make regulations necessary to carry out the provisions of ORS 366.175 to 366.183.

366.355 Establishment and operation of arboretum and botanical garden. (1) The commission may establish, maintain, operate and control an arboretum and botanical garden which shall be a part of the system of parks, scenic places and recreational areas under the State Parks Division of the commission.

(2) Upon the establishment of the garden, its management shall be placed under the direct supervision of the State Parks Superintendent, who shall operate, maintain and supervise the garden under the direction and control of the commission.

(3) The garden shall be located in and be the property of the State of Oregon. The site of the garden shall be selected by the foundation and the commission jointly, but shall be on a main or arterial highway, as near the population and education centers of the state as possible.

(4) The commission may accept funds from any source for the establishment, maintenance and operation of the garden, but the commission shall not contribute or use highway funds in connection with the garden. All funds received from any source shall immediately be paid by the commission into the General Fund in the State Treasury and there maintained in an account designated as the Arboretum Botanical Garden Account, which account hereby is appropriated solely for the purposes of this section. The commission may accept property, both real or personal, in addition to funds, which shall be dedicated to and used for the garden by the commission.

(5) The commission may acquire at any time, by purchase or by exercise of the power of eminent domain, any interest in real property deemed necessary for the establishment, maintenance and operation of the garden. Property acquired by exercise of the power of eminent domain shall be acquired in the manner provided in ORS 366.370 to 366.390, except that the defendant shall not be entitled to recover as costs and disbursements any sum taxed as attorney's fees.

(6) The foundation and the commission shall confer and cooperate at all times in all matters pertaining to the garden to the end that the purpose and public values contemplated by this section may be accomplished and the public interest best served.

366.360 Taking fee simple. In all cases where title to real property is acquired by the commission either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

366.475 Publication of information and maps. (1) The commission may compile and publish with respect to the public highways of the state and with respect to public parks, recreational grounds, scenic places and other public places and scenic areas or objects of interest, data as to distances, special and peculiar advantages, historical facts and other items or matters of interest, and assemble, compile and publish such other information with respect thereto as in the opinion of the commission will be of interest and value to the general public and road users.

(2) The commission may make or cause to be made from time to time maps disclosing thereon the highways of the state and the places of interest served and reached by the highways.

(3) The commission may print, publish and prepare, in such manner or form as to the commission may seem best, all the information and data mentioned in this section, and provide for the publication, distribution and dissemination of the same in such manner and method and to such extent as in the opinion of the commission will best serve the motoring public and contribute to the convenience and information of the motoring public and road user.

376.605 Construction of trails and bridle paths to Pacific shore. (1) The State Highway Commission may establish, lay out, construct and improve public pedestrian trails and bridle paths not exceeding 30 feet in width, connecting legally established streets, roads and public parks with the shore of the Pacific Ocean.

(2) For the purpose set forth in subsection (1) of this section, the commission may acquire real property or any interest therein by purchase, donation, agreement or exercise of the power of eminent domain. The provisions of ORS 366.360 to 366.390 are applicable to proceedings of the commission authorized by this subsection.

358.520 Provisional Government Park at Champoeg. All jurisdiction over the Provisional Government Park at Champoeg, Oregon, the buildings and museum therein, and all other assets of the park or the Provisional Government Park board, including unexpended appropriations therefor, hereby are transferred to the State Highway Commission.

538.120 Silver Creek, Marion County, Brushes Creek, Curry County, and tributaries; diversion prohibited. The waters of the north and south forks of Silver Creek and of all tributaries thereof above the confluence of the north and south forks of Silver Creek, all in Marion County, also Brushes Creek and all its tributaries in township 33 south, range 14 west, Willamette Meridian, in Curry County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except for use in state parks and except as set forth in ORS 538.130.

538.200 Streams forming waterfalls near Columbia River Highway; withdrawal from appropriation or condemnation; diversion or interruption prohibited. The following streams and waters thereof forming waterfalls in view of, or near, the Columbia River Highway, from Sandy River to Hood River, the first 13 of which are in Multnomah County and the remainder of which are in Hood River County, are withdrawn from appropriation or condemnation, and shall not be diverted or interrupted for any purpose whatsoever, except as mentioned in ORS 538.210, to-wit:

(1) Latourell Creek—forming Latourell Falls.
(2) Young Creek—forming Shepperds Dell Falls.
(3) Bridal Veil Creek—forming Bridal Veil Falls.
(4) Coopey Falls Creek.
(5) Mist Falls Creek.
(6) Wahkeena Creek—forming Wahkeena Falls, formerly known as Gordon Falls.
(7) Multnomah Creek—forming Multnomah Falls.
(8) Oneonta Creek—forming Oneonta Falls and Gorge.
(9) Horse Tail Creek—forming Horse Tail Falls.
(10) McCord Creek, formerly known as Kelly Creek—forming Elowah Falls.
(11) Moffatt Creek—forming Wahe Falls.
(12) Tanner Creek—forming Wahclella Falls.
(13) Eagle Creek—forming Metlako Falls.
(14) Ruckle Creek, formerly known as Deadman's Creek.
(15) Herman Creek.
(16) Summit Creek—forming Camp Benson Falls.
(17) Lindsey Creek—forming Lindsey Falls.
(18) Spring Creek.
(19) Warren Creek.
(20) Cabin Creek.
(21) Starvation Creek—forming Starvation Falls.
(22) Viento Creek.
(23) Phelps Creek, except those creeks which are tributary to Phelps Creek and which arise in the north one-half of section 5, township 2 north, range 10 east of the Willamette Meridian, subject to prior rights.

[Amended by 1953 c.48 § 2]

538.210 Condemnation of lands for park not prevented; vested and riparian rights not affected; condemnation of lands or appropriation of waters for fish culture not prevented. ORS 538.200 shall not prevent the condemnation for public park purposes of any lands through which any of the streams flow; nor affect vested rights or the rights of riparian proprietors of such lands in or to the waters of the creeks or streams; nor prevent the condemnation of any lands through which any of the streams flow, for the purpose of establishing, maintaining and operating thereon salmon fish culture work, nor prevent the Fish Commission of Oregon from appropriating any waters for fish culture work; provided, that no waters shall be taken from above the falls in the streams mentioned in ORS 538.200.

184.410 Committee on Natural Resources; members. (1) There is created an advisory committee to be known as the Committee on Natural Resources.

(2) The committee shall be composed of the Governor, as chairman, Superintendent of Public Instruction, State Fisheries Director, State Forester, State Game Director, Secretary of State Sanitary Authority, State Engineer, Chairman of the State Soil Conservation Committee, Superintendent of State Parks, Director of Agriculture, the Dean of the School of Agriculture, Oregon State University, the Director of the Department of Geology and Mineral Industries, and the Chairman of the State Water Resources Board.

(3) The State Engineer shall represent the Hydroelectric Commission and the office of the State Engineer. All other members of the Committee on Natural Resources shall represent their respective boards and commissions.

184.420 Duties of committee. The committee shall:

(1) Study and discuss problems of conservation, utilization and development of the natural resources of the State of Oregon.

(2) Submit in writing to the administrative body or bodies affected, its findings and recommendations.

(3) Cause to be prepared, printed and published a biennial report of its activities for the preceding biennium, and such other reports, pamphlets, charts and maps, concerning the natural resources of this state, that may, in the opinion of the committee, be of interest to the public.

Oregon Constitution, Article IX, Section 3.

Laws imposing taxes; gasoline and motor vehicle taxes. No tax shall be levied except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same to which only it shall be applied. The proceeds from any tax levied on, with respect to, or measured by the storage, withdrawal, use, sale, distribution, importation or receipt of motor vehicle fuel or any other product used for the propulsion of motor vehicles, and the proceeds from any tax or excise levied on the ownership, operation or use of motor vehicles shall, after providing for the cost of administration and any refunds or credits authorized by law, be used exclusively for the construction, reconstruction, improvement, repair, maintenance, operation, use and policing of public highways, roads and streets within the state of Oregon, including the retirement of bonds for the payment of which such revenues have been pledged, and also may be used for the acquisition, development, maintenance, care and use of parks, recreational, scenic or other historic places and for the publicizing of any of the foregoing uses and things.