ORS 196.205
Establishment of Willamette Falls Locks Authority as independent public corporation


(1)

The Willamette Falls Locks Authority is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are expressly conferred upon the authority, are implied by law or are incident to such powers, rights and privileges. The authority is an independent public corporation with a statewide mission and purposes and without territorial boundaries. The authority is a governmental entity performing governmental functions and exercising governmental powers but, except as otherwise provided by law, is not a unit of local or municipal government or a state agency for purposes of state statutes or constitutional provisions.

(2)

Unless otherwise provided by law, the authority is not subject to ORS 35.550 (Definitions for ORS 35.550 to 35.575) to 35.575 (Precondemnation compensation not required), 180.060 (Powers and duties of Attorney General), 180.210 (Department of Justice) to 180.235 (Authority of agency to employ counsel), 183.710 (Definitions for ORS 183.710 to 183.730) to 183.730 (Review of rule by Oregon Sunshine Committee), 183.745 (Civil penalty procedures), 183.750 (State agency required to prepare public writings in readable form), 190.430 (Attorney General to review agreements), 190.480 (Definition for ORS 190.480 to 190.490) to 190.490 (Approval of agreement by Attorney General), 192.105 (State Archivist authorization for state officials to dispose of records), 200.035 (Notice to Governor’s Policy Advisor for Economic and Business Equity), 236.605 (Definitions for ORS 236.605 to 236.640) to 236.640 (Reemployment right of employee at end of cooperation agreement), 243.105 (Definitions for ORS 243.105 to 243.285) to 243.585 (Accounting system allowances for dedication of salary), 243.696 (Bargaining representatives for executive department state agencies, judicial department and legislative department), 278.011 (State agencies to supply information on property) to 278.120 (Claims management), 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status), 291.050 (Definitions for ORS 291.050 to 291.060) to 291.060 (Report of fees to Legislative Assembly), 357.805 (Definitions for ORS 357.805 to 357.895) to 357.895 (Rules) and 656.017 (Employer required to pay compensation and perform other duties) (2) and ORS chapters 182, 183, 238, 238A, 240, 270, 273, 276, 282, 283, 291, 292, 293 and 297. The authority is a contracting agency for the purposes of ORS chapters 279A, 279B and 279C and shall purchase equipment, materials, supplies and services through the Oregon Department of Administrative Services as provided in ORS 279A.140 (State procurement of goods and services) to 279A.161 (Review and verification of advice and recommendations concerning procurements) and 279A.250 (Definitions for ORS 279A.250 to 279A.290) to 279A.290 (Miscellaneous receipts accounts).

(3)

The mission of the authority is to establish ownership, oversight and management of the Willamette Falls Locks project, for the purposes of:

(a)

Enhancing the economic vitality of Oregon through facilitating the resiliency and navigability of the Willamette River; and

(b)

Repairing, maintaining, upgrading and operating the Willamette Falls Locks project and associated properties and facilities for commercial, transportation, recreational, cultural, historic, heritage and tourism purposes.

(4)

The authority shall carry out the purposes described in this section and the duties of the authority under ORS 196.200 (Definitions for ORS 196.200 to 196.240 and 196.993) to 196.240 (Audits) and 196.993 (Penalties for unauthorized use of Willamette Falls Locks) in the manner that, in the determination of the authority, best promotes and implements the mission of the authority. Subject to any limitations established under ORS 196.200 (Definitions for ORS 196.200 to 196.240 and 196.993) to 196.240 (Audits) and 196.993 (Penalties for unauthorized use of Willamette Falls Locks), the authority may take any necessary or expedient actions to:

(a)

Enter into any agreements as necessary or expedient to perform any authorized function of the authority, including but not limited to any agreements with the Assistant Secretary of the Army (Civil Works) for the United States Army Corps of Engineers or other public or private entities to:

(A)

Establish ownership by the authority of the Willamette Falls Locks project;

(B)

Repair, maintain, upgrade and operate the Willamette Falls Locks project and associated property and facilities; and

(C)

Provide for the training of personnel in operation of the navigation channel and locks;

(b)

Ensure the financial viability of the authority;

(c)

Promote the Willamette Falls Locks project to industries related to or interested in the authority’s business operations, properties or facilities; and

(d)

Undertake improvements and maintenance activities, including dredging and channelization activities as the authority determines are necessary or expedient to ensure the continued operation and utility of the Willamette Falls Locks project as a navigation facility. [2021 c.229 §2]
Note: See note under 196.200 (Definitions for ORS 196.200 to 196.240 and 196.993).
Note: Sections 1, 2 and 4, chapter 734, Oregon Laws 2017, provide:
Sec. 1. (1) There is established the Willamette Falls Locks Commission for the purposes described in section 2, chapter 734, Oregon Laws 2017, consisting of 23 members appointed as follows:

(a)

The Governor shall appoint:

(A)

One member who is the chair or a member of the Clackamas County Board of County Commissioners, pursuant to a recommendation of the board;

(B)

One member who is the chair or a member of the Marion County Board of County Commissioners, pursuant to a recommendation of the board;

(C)

One member who is the chair or a member of the Yamhill County Board of County Commissioners, pursuant to a recommendation of the board;

(D)

One member who is the president or a member of the governing body of the metropolitan service district for the Portland metropolitan area, pursuant to a recommendation from the governing body;

(E)

One member who is a representative of the Confederated Tribes of the Grand Ronde Community of Oregon, pursuant to a recommendation of the tribal council;

(F)

One member who is a representative of a Columbia River tribe that is a party to the terms of a treaty of 1855 between the tribe and the United States of America;

(G)

One member who is a representative of the State Parks and Recreation Department;

(H)

One member who is a representative of the Port of Portland;

(I)

One member who is a representative of the Department of Transportation;

(J)

One member who is a representative of the Oregon Business Development Department;

(K)

Pursuant to a recommendation by that city’s governing body, one member who is the mayor or a member of the governing body of each of the following cities, to represent the cities’ interests in the Willamette Falls navigation canal and locks:
(i)
The City of Oregon City;
(ii)
The City of West Linn; and
(iii)
The City of Wilsonville;

(L)

One member to represent the collective interests of local businesses and economic development in Clackamas County, pursuant to a recommendation of the Clackamas County Board of County Commissioners;

(M)

One member to represent the collective interests of the tourism and recreation industries in Clackamas County, pursuant to a recommendation by the Clackamas County Board of County Commissioners;

(N)

One member to represent the residents of Clackamas County, pursuant to a recommendation by the Clackamas County Board of County Commissions; and

(O)

One member to represent an environmental or ecological nonprofit organization.

(b)

The President of the Senate shall appoint one member from among the members of the Senate.

(c)

The Senate Minority Leader shall appoint one member from among the members of the Senate.

(d)

The Speaker of the House of Representatives shall appoint two members from among the members of the House of Representatives.

(e)

The House Minority Leader shall appoint two members from among the members of the House of Representatives.

(2)

The term of office of each member of the commission appointed by the Governor is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on January 1 of the following year. A member is eligible for reappointment.

(3)

If there is a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for the unexpired term.

(4)

Members of the commission are not entitled to compensation and may not be reimbursed for travel or other expenses incurred by them in the performance of their official duties.

(5)

Members of the Legislative Assembly appointed to the commission are nonvoting members of the commission and act in an advisory capacity only.

(6)

The commission shall select one of its members as chairperson and another as vice chairperson, for terms and with duties and powers necessary for the performance of the functions of the offices as the commission determines.

(7)

The commission may elect an executive committee to consist of three or more members. The executive committee has and may exercise all authority of the commission.

(8)

Official action by the commission requires the approval of a majority of the voting members of the commission.

(9)

Intentionally left blank —Ed.

(a)

The commission shall meet at times and places specified by the call of the chairperson or of a majority of the voting members of the commission.

(b)

The commission shall notify federally recognized Indian tribes and known interested parties of the dates and times of commission meetings.

(10)

ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) and 192.610 (Definitions for ORS 192.610 to 192.690) to 192.690 (Exceptions to ORS 192.610 to 192.690) apply to the records and meetings of the commission. [2017 c.734 §1; 2021 c.229 §12]
Sec. 2. (1) As used in this section, “Willamette Falls Locks project” has the meaning given that term in section 1 of this 2021 Act [196.200 (Definitions for ORS 196.200 to 196.240 and 196.993)].

(2)

The Willamette Falls Locks Commission shall:

(a)

Serve as a body to advise the Governor in appointment of the initial members of the Willamette Falls Locks Authority pursuant to section 3 of this 2021 Act [196.210 (Membership of authority)];

(b)

Provide advice and assistance to the Governor or the Willamette Falls Locks Authority established under section 2 of this 2021 Act [196.205 (Establishment of Willamette Falls Locks Authority as independent public corporation)], as requested by the Governor or the authority, on any matters relating to the Willamette Falls Locks project and as necessary to facilitate an orderly transition from the commission to the authority of responsibilities for the development and implementation of state policies relating to the Willamette Falls Locks project; and

(c)

Consider any other matters the commission considers necessary with respect to advising the Willamette Falls Locks Authority on the ownership and operation of the Willamette Falls Locks project.

(3)

The commission may establish advisory or technical committees as the commission considers necessary to aid and advise the commission in the performance of its functions. The committees may be continuing or temporary committees. The commission shall determine the representation, membership, terms and organization of the committees and shall appoint the members of the committees.

(4)

Oregon Solutions at Portland State University shall provide staffing and other resources as required by the commission to carry out the duties of the commission. [2017 c.734 §2; 2021 c.229 §13]
Sec. 4. Sections 1 and 2, chapter 734, Oregon Laws 2017, are repealed on June 30, 2022. [2017 c.734 §4; 2021 c.229 §14]

Source: Section 196.205 — Establishment of Willamette Falls Locks Authority as independent public corporation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors196.­html.

196.105
Definitions for ORS 196.105 to 196.125
196.107
Legislative findings on management plan
196.109
Effect of revision of urban area boundaries within scenic area on management plan
196.110
Land use regulation in Columbia River Gorge National Scenic Area
196.115
Appeal from decision of Columbia River Gorge Commission or county
196.120
Exercise of eminent domain
196.125
Buffer by regulation around Columbia River Gorge National Scenic Area prohibited
196.150
Compact provisions
196.155
Authority for state officers and agencies to carry out duties under compact
196.160
Membership on Columbia River Gorge Commission
196.165
Status of commission employees for purposes of certain benefits
196.175
Pacific Ocean Resources Compact ratified
196.180
Compact provisions
196.185
Representation on compact
196.200
Definitions for ORS 196.200 to 196.240 and 196.993
196.205
Establishment of Willamette Falls Locks Authority as independent public corporation
196.210
Membership of authority
196.215
Executive director
196.220
Powers and duties of authority
196.225
Creation of tax-exempt entity by authority
196.230
Revenue bonds issued by authority
196.235
Financing agreements
196.240
Audits
196.405
Definitions for ORS 196.405 to 196.515
196.407
Policy
196.408
Duties of state agencies
196.410
Legislative findings for offshore oil and gas leasing
196.415
Legislative findings for ocean resources management
196.420
Policy
196.425
Oregon Ocean Resources Management Program
196.435
Primary agency for certain federal purposes
196.438
Ocean Policy Advisory Council
196.443
Duties of council
196.448
Member compensation
196.451
Technical advisory committee
196.453
Project review panels
196.455
Coordination with federal programs
196.465
Compatibility of acknowledged comprehensive plans
196.471
Territorial Sea Plan review requirements
196.485
State agency coordination requirements
196.515
Short title
196.540
Marine reserves
196.542
Limitation on ability of State Fish and Wildlife Commission to adopt prohibitions on fishing by rule
196.545
Work plan
196.550
Funding
196.555
Reporting
196.565
Oregon Ocean Science Trust
196.566
Trust duties
196.567
Oregon Ocean Science Fund
196.568
Reimbursement from fund
196.569
Report
196.570
Agreements between Oregon Ocean Science Trust and private organizations
196.571
Policy
196.572
Oregon Coordinating Council on Ocean Acidification and Hypoxia
196.573
Council duties
196.575
Authorization to obtain federal oceanographic data
196.580
Liaison program duties
196.583
Requirement to share geological data regarding territorial sea floor
196.600
Definitions for ORS 196.600 to 196.655
196.605
Purpose
196.610
Powers of Director of Department of State Lands
196.615
Program for mitigation banks
196.620
Resource values and credits for mitigation banks
196.623
Watershed enhancement project as mitigation bank
196.625
Fill and removal activities in mitigation banks
196.630
Rules
196.635
Director to consult and cooperate with other agencies and interested parties
196.640
Oregon Removal-Fill Mitigation Fund
196.643
Payments to comply with permit condition, authorization or resolution of violation
196.645
Sources of fund
196.650
Use of fund
196.655
Report on Oregon Removal-Fill Mitigation Fund
196.660
Effect of ORS 196.600 to 196.655
196.665
Short title
196.668
Legislative findings
196.672
Policy
196.674
Statewide Wetlands Inventory
196.676
Response to notices from local governments
196.678
Wetland conservation plans
196.681
Duties of department
196.682
Permits required for removal or fill
196.684
Amendment of plans
196.686
Acknowledged estuary management plans
196.687
Regulation of alteration or fill of artificially created wetlands
196.688
Public information program
196.692
Rules
196.795
Streamlining process for administering state removal or fill permits
196.800
Definitions for ORS 196.600 to 196.921
196.805
Policy
196.810
Permit for removal of material from or fill of waters
196.812
Large woody debris
196.815
Application for permit
196.816
General permits allowing removal of certain amount of material for maintaining drainage
196.817
General permits
196.818
Wetland delineation reports
196.820
Prohibition against issuance of permits to fill Smith Lake or Bybee Lake
196.825
Criteria for issuance of permit
196.830
Estuarine resource replacement as condition for fill or removal from estuary
196.835
Hearing regarding issuance of permit
196.845
Investigations and surveys
196.850
Waiving permit requirement in certain cases
196.855
Noncomplying removal of material or filling as public nuisance
196.860
Enforcement powers of director
196.865
Revocation, suspension or refusal to renew permit
196.870
Abatement proceedings
196.875
Double and treble damages for destruction of public right of navigation, fishery or recreation
196.880
Fill under permit presumed not to affect public rights
196.885
Annual report of fill and removal activities
196.890
Civil penalties
196.895
Imposition of civil penalties
196.900
Schedule of civil penalties
196.906
Legislative findings and declarations
196.909
Definitions
196.911
Maintenance without permit
196.913
Prohibitions
196.915
State agencies’ review and responses to notice
196.917
Notice of violation
196.919
Memoranda of understanding
196.921
Applicability
196.931
Monitoring fill and removal activities
196.990
Penalties for unpermitted removal from or filling of waters
196.993
Penalties for unauthorized use of Willamette Falls Locks
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