OAR Chapter 142 — Department of State Lands, South Slough National Estuarine Research Reserve

Division 1 PROCEDURAL RULES

Or. Admin. R. 142-001-0000 Notice of Proposed Rule

Prior to the adoption, amendment, repeal of any rule, the South Slough National Estuarine Research Reserve Management Commission shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least fifteen (15) days prior to the effective date.

(2) By mailing a copy of the Notice to persons on the Commission's mailing list established pursuant to ORS 183.335(6).

(3) By submitting a copy of the Notice to all of the newspapers published in Coos County, Oregon.

(4) By mailing a copy of the Notice to the Department of Fish and Wildlife, the Department of Environmental Quality, the State Forestry Department, and the Coos County Board of Commissioners.

History

• Statutory/Other Authority: ORS 183.335, 183.341 & 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 1-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 1-1978, f. & cert. ef. 11-2-78

Or. Admin. R. 142-001-0005 Model Rules of Procedure

Pursuant to ORS 183.341, the Division of State Lands and the State Land Board adopt the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act as amended October 3, 2001.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Division of State Lands, South Slough National Estuarine Research Reserve.]

History

• Statutory/Other Authority: ORS 183.335, 183.341 & 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 2-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-2002, f. & cert. ef. 7-12-02
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 1-1984, f. & cert. ef. 3-30-84
• SSES 1-1982, f. & cert. ef. 2-25-82
• SSES 1-1980, f. & cert. ef. 12-23-80
• SSES 2-1978, f. & cert. ef. 12-1-78

Division 5 RESEARCH AND EDUCATION ACTIVITIES

Or. Admin. R. 142-005-0005 Notification of Research

Any person(s) planning to conduct research within the South Slough National Estuarine Research Reserve must submit a description of their proposed research no later than 30 days prior to the onset of the research project with their request for permission to conduct research. Written permission must be obtained from the Manager of SSNERR before initiating any research. The researcher(s) must also agree to submit a report of their findings to South Slough National Estuarine Research Reserve, no later than six months after the completion of field work.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 3-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98

Or. Admin. R. 142-005-0010 Temporary Structures

Temporary structures for research or educational purposes are permitted for the duration of the project.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 4-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98

Division 10 PUBLIC USES OF THE SOUTH SLOUGH NATIONAL ESTUARINE RESEARCH RESERVE

Or. Admin. R. 142-010-0005 Purpose

These rules are designed to complement the primary management objectives and the primary scientific objectives of the South Slough National Estuarine Research Reserve by regulating public use of the Reserve. The primary management objective of the Reserve is to maintain the integrity of the estuary; to protect it from both internal and external sources of stress which may alter or affect the nature of the ecosystem and to preserve the area for long-term scientific and educational uses. All publicly owned areas of the Reserve are available to scientists, students and the general public on a basis desirable and permissible for coordinated research and educational uses and for other compatible uses to the extent they do not interfere with the primary management and scientific objectives. These rules are adopted in accordance with plans and policies defined in the South Slough National Estuarine Research Reserve Management Plan; Oregon Revised Statutes (ORS 273.553 et seq.); the federal Grant-in-Aid (fi04-4-158-12001, as amended); and Section 315 of the Coastal Zone Management Act of 1972 as amended.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 5-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0010 Definitions

As used in these rules, unless the context provides otherwise:

(1) "Advisory Group" means the group of local interested persons and persons with special expertise in fields relating to the Reserve appointed by the Commission to advise the Commission.

(2) "Commercial" refers to an activity undertaken for economic gain, as opposed to an activity for personal use or enjoyment.

(3) "Commission" means the Management Commission of the South Slough National Estuarine Research Reserve created by ORS 273 .554.

(4) "Forest Greenery" means plant material gathered in the Reserve and used for decorative purposes.

(5) "In Kind Services" means materials or services (provided to the Reserve by a group or person) whose value to the Reserve is at least equal to the fee that the Reserve would otherwise charge the group or person for use of the Reserve.

(6) "Manager" means the Manager of the South Slough National Estuarine Research Reserve appointed by the Commission.

(7) "Marketing and Promotion" means Reserve-sponsored events of regional or statewide significance that promote tourism or promote partnerships with local communities, other agencies, or scientific, educational or economic development organizations.

(8) "Non-Profit Entity" means a group having a 501 (c)(3) tax-exempt status filed with the Internal Revenue Service

(9) “Noncommercial” refers to an organized group or activity that is not focused on economic gain or personal use. Examples include, but are not limited to, paddle and nature clubs, non-profit entities, and university, community college, and school groups.

(10) "OCZM grant" means the original NOAA Grant-in-Aid financial award.

(11) “Operations Manager” is the person responsible for the Reserve’s management, facilities, fiscal services and recordkeeping. In the Reserve manager’s absence, the Operations Manager may exercise any of the Reserve manager’s responsibilities.

(12) "Person" means individuals, a public or private corporation, an unincorporated association, a partnership or a government entity.

(13) "Public Use" means any use of the Reserve that is not a part of a formal Reserve educational or scientific program.

(14) "Recreational” or “Personal Use" refers to an activity undertaken for personal enjoyment as opposed to economic gain.

(15) "Reserve" means Sanctuary as defined in the Coastal Zone Management Act of 1972 which is the lands, within the boundary of the South Slough National Estuarine Research Reserve under the jurisdiction of the Commission, in which the State of Oregon has legal interest, including, but not limited to fee ownership, conservation easement, and/or life estate. ORS 273.553(1) states, "...the South Slough Estuary Sanctuary pursuant to chapter 415, Oregon Laws 1975, as the first estuarine sanctuary in the United States...," and the 1986 reauthorization of the Coastal Zone Management Act changed the name from Estuarine "Sanctuary" to National Estuarine Research Reserve. South Slough Estuarine Sanctuary is doing business as the South Slough National Estuarine Research Reserve for the purpose of day-to-day business. “Reserve” includes but is not limited to classrooms, day use areas and shelters, cabins, yurts, meeting halls, and other Reserve facilities.

(16) "Special Event" means an activity sponsored by the Reserve that provides education to Reserve visitors, or that otherwise promotes the mission of the Reserve.

(17) "Stewardship" means activities conducted to maintain and restore the integrity and natural dynamic processes of an estuarine ecosystem.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 7-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 3-2019, amend filed 12/13/2019, effective 12/13/2019
• SSNER 1-2008, f. & cert. ef. 4-14-08
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0015 Permitted Activities

Subject to action by the Commission taken under rules 142-010-0025 and 142-010-0030, the following noncommercial uses of the Reserve are permitted without special restrictions. State and federal regulations will govern these activities where applicable:

(1) Canoeing and rowboating;

(2) Aesthetic appreciation;

(3) Recreational fishing;

(4) Hiking;

(5) Wildlife observation.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 8-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0020 Restricted Activities

The following uses of the Reserve are permitted with restrictions, subject to applicable fees under OAR 142, division 15 and to action taken by the Commission under rules 142-010-0025, 142-010-0030 and other appropriate governmental agency regulations:

(1) Picking of forest greenery for personal use is permitted only upon written approval by the Manager. The amount gathered should be no more than 10 pounds per day unless otherwise stated in the permit.

(2) Overnight use of the Reserve is allowed only with written permission of the Manager.

(3) Chemical fertilizers, herbicides, or pesticides will be used within the Reserve only if necessary to assure sound management of the ecosystem. Any allowed application of such chemicals shall be approved in writing by the Commission, after consultation with the Advisory Group, in accordance with best management practices so as to prevent direct application or discharge to the estuary waters. It is the intent of the Commission to preferentially utilize nonchemical management techniques of pest control. Chemicals will be utilized for pest or weed control only after it has been determined that the nature and integrity of the ecosystem is endangered by the pest or weed.

(4) Digging for artifacts is not permitted except as pursuant to ORS 390.235 et seq. and with the written permission of the Commission.

(5) Open fires are allowed only upon approval of the Reserve Manager.

(6) Hunting is allowed only during authorized waterfowl and game hunting seasons, subject to Department of Fish and Wildlife regulations, except in specific areas where the Commission may prohibit hunting for the protection of the health, safety, and welfare of the public. Areas closed to hunting will be posted.

(7) Hunting and Observation Blinds are allowed within the boundaries of the Reserve, but a blind must be taken down and removed from the Reserve at the end of each day.

(8) Motorized boating is permitted except in special protection zones: areas excepted for public health, safety, and welfare, educational uses, and scientific research. Motorized boating will be at reduced speed that will limit the wake to less than a one-foot wave height in order to prevent disturbance to the tidelands and wildlife habitats.

(9) Construction of boat launch and tie-up facilities is permitted only as necessary for health, safety, research, or education.

(10) Oyster culture is limited to the 100 acres as provided in the OCZM grant. The Commission shall recommend appropriate action on each oyster culture application or changes to existing plats within the Reserve to the Reserve of Agriculture.

(11) Tree removal from Reserve lands may occur only with the approval of the Commission, after consultation with the Advisory Group, and only for the following reasons:

(a) Salvage of windthrow, dead, and dying trees;

(b) High risk to invasion of forest insects and diseases;

(c) Hazards to visiting public and scientists;

(d) Experimental and scientific projects;

(e) To maintain adequate clear space for existing powerline corridors;

(f) Thinning to maintain a healthy forest stand.

(12) Firewood cutting for personal use requires a permit from the Reserve Manager.

(13) Pets are permitted only if on a leash or under the direct control of the owner.

(14) Recreational mineral gathering requires a permit from the Manager.

(15) Horseback riding is permitted except in designated areas and not within any watercourse. Information about designated areas may be obtained at Reserve Headquarters.

(16) Picnicking is permitted except in designated areas.

(17) Recreational mushroom gathering, up to a maximum of one gallon per day, is permitted except in designated areas.

(18) Recreational berry picking is permitted except in designated areas.

(19) Recreational bait gathering is permitted except in designated areas subject to Oregon Reserve of Fish and Wildlife regulations.

(20) Recreational clamming is permitted except in designated areas.

(21) No dredging, filling or altering the natural environment except upon the approval of the proposed activities by the Commission.

(22) Motorized off-road vehicles are prohibited except on designated county-maintained roads or driveways approved by the Commission.

(23) Construction of roads is not allowed except by special permit issued by the Commission.

(24) No deliberate introduction of a non-native species (or subspecies) within the Research Reserve's administrative boundaries without the prior approval of the Commission

(25) Trapping within the Reserve's administrative boundaries is prohibited, except for research or management purposes, and then only with the approval of the Manager.

(26) Guiding by commercial groups within the Reserve is prohibited unless authorized under a Permit issued by the Reserve Manager and in compliance with any conditions imposed by that Permit.

(27) New or increased commercial activities which are not existing as of the creation of the Reserve in June 1974 must be authorized by the Reserve Manager after consultation and approval by the Commission.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 6-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 3-2019, amend filed 12/13/2019, effective 12/13/2019
• SSNER 2-2019, amend filed 12/06/2019, effective 12/07/2019
• SSNER 1-2019, temporary amend filed 06/10/2019, effective 06/14/2019 through 12/10/2019
• SSNER 1-2008, f. & cert. ef. 4-14-08
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0021 Prohibited Activities

The following uses of the Reserve are prohibited activities as determined by the Commission, by authority of ORS 273.553(3):

(1) Commercial bait gathering;

(2) Commercial timber harvest;

(3) Commercial mineral removal;

(4) Discharge of firearms for pleasure shooting or for target practice;

(5) Picking of forest greenery and cascara bark gathering for commercial purposes.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 9-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82

Or. Admin. R. 142-010-0025 Public Health, Safety, and Welfare

The Manager is authorized to take actions necessary for maintaining public health, safety, and welfare. The Manager's actions under such authority shall be consistent with the primary objectives of the Reserve.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 11-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0030 Temporary Closure

Any activity may be suspended or any area closed if necessary for the conduct of appropriate scientific research, stewardship and educational activities. Such closure will occur only after consultation with the Advisory Group, and with approval of the Commission. If, based on the scientific data and knowledge acquired and on scientific judgment, uses are found to have a detrimental or adverse impact, actual or potential, on the ecosystem or resources thereof, appropriate agencies of the State of Oregon shall take immediate action to control such uses so as to remove or negate their impacts and restore the system to its natural state as it was prior to such activities.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 12-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0035 Roads and Trails

Roads and trails other than those authorized by the Commission will be closed. No roads or trails will be constructed without approval of the Commission. Access to Reserve lands shall be on authorized roads and trails only, and not through private property unless the state has acquired an easement.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 15-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0040 Leases and Rentals

Any fee for a lease or rental approved by the Commission for any use of the Reserve lands or buildings shall be at fair market value.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 17-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0045 Short-Term Use of Facilities

Overnight use of buildings and facilities is permitted upon approval by the Manager. Employee housing can be provided in a manner consistent with applicable policy governing use of state owned property by state employees (ORS 182.425 and 182.435). See OAR 142, division 015 for applicable fees.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 16-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-2008, f. & cert. ef. 4-14-08
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 1-1985, f. & cert. ef. 7-24-85
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0050 Violation of Rules

Violation of these rules is punishable, upon conviction, by a fine of not more than $100 for each day of violation, as set forth in ORS 273.558. The Commission may appropriately appeal for injunctive relief and pursue civil remedies which require the rehabilitation or restoration of Reserve lands damaged in violation of these rules.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 14-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0055 Review of Rules

ORS 273.557 provides for State Land Board review of Commission rules. Individuals or organizations concerned about possible improper use or restriction of use of the Reserve may petition the State Land Board or the Office of Coastal Zone Management for review of the management program.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 13-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Or. Admin. R. 142-010-0060 Amendment of Rules

These rules are subject to amendment by the Commission in accordance with the Attorney General's Model Rules of Administrative Procedure. Amended rules must be consistent with the policies of the Reserve Management Plan.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.553 - 273.558
• SSNER 10-2020, minor correction filed 03/11/2020, effective 03/11/2020
• SSNER 1-1998, f. & cert. ef. 7-15-98
• SSES 2-1982, f. & cert. ef. 3-2-82
• SSES 2-1980, f. & cert. ef. 12-23-80

Division 15 FEES RULES

Or. Admin. R. 142-015-0000 Purpose

OAR 142-015-0000 to 142-015-0050 identify the facilities, equipment and educational and technical services provided by the South Slough National Estuarine Research Reserve for which fees are required, and establish the process that will be used to establish and revise those fees.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.554(2)
• SSNER 1-2008, f. & cert. ef. 4-14-08

Or. Admin. R. 142-015-0010 Adoption or Revision of Fee Schedule

(1) Subject to approval by the South Slough National Estuarine Research Reserve Management Commission, the Reserve manager shall adopt (and each even-numbered year, revise) a fee schedule for public use of the Reserve facilities, equipment and educational and technical services described in OAR 142-015-0000. The fees must promote the financial self-sufficiency of the Reserve and be based on the following criteria:

(a) Prevailing rates for comparable facilities, equipment or services;

(b) Day of week;

(c) Time of day; and

(d) Season of year;

(2) A person using any of the listed facilities, equipment or educational or technical services of the Reserve must pay rates established in OAR 142-015-0000 to 142-015-0050 unless otherwise waived or reduced according to these rules.

(3) Unless otherwise noted, fees must be paid in advance of use.

(4) Payment Methods:

(a) A person may pay by personal check, money order, certified check, or travelers check (in U.S. funds).

(b) The Reserve must receive payment within five calendar days after the date the person makes a reservation. If payment is not received within this time, the Reserve will cancel the reservation. Upon cancellation, the Reserve will refund all but a $6 transaction fee.

(c) If a check is returned to the Reserve for any reason and payment is not resolved, the Reserve will cancel the reservation. Upon cancellation, the Reserve will bill the person for a $6 transaction fee.

(d) Upon request, government agencies and non-profit entities may be invoiced for use of facilities, equipment or services. Reservations must be made at least 30 days prior to arrival. The Reserve will impose a $6 transaction fee for each reservation.

(e) Failure to pay any outstanding account balances disqualifies a person from making future reservations.

(5) The Manager or the Operations Manager may waive or reduce fees:

(a) Upon request from state, local, or federal agencies or federally recognized Indian tribes based in the State of Oregon;

(b) When a fee would total $.50 or less;

(c) When a person or group provides in-kind services or materials, as determined by the Manager or Operations Manager;

(d) For marketing or promotional activities, (including but not limited to special events and commercial filming) that promote the use of Reserve areas and Oregon tourism; or

(e) For traditional or cultural tribal activities in accordance with Commission policy.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.554(2)
• SSNER 1-2008, f. & cert. ef. 4-14-08

Or. Admin. R. 142-015-0020 Fee Categories

(1) The following public uses of Reserve facilities, equipment or services are subject to the fee established pursuant to OAR 142-015-0010:

(a) FACILITIES FEES — The following fees apply to the use of Reserve facilities for events not initiated by the Reserve:

(A) Spruce Ranch Field Housing, including yurts, camping in yard — fees recover costs of field housing, including fuel oil for heating, and all other provided utilities, plus generate a revenue stream toward creating a facilities maintenance fund.

(B) Interpretive Center Auditorium — fees must recover costs of building operation plus generate a revenue stream toward creating a facilities maintenance fund.

(C) Interpretive Center Classroom — fees must recover costs of building operation plus generate a revenue stream toward creating a facilities maintenance fund, as well as pay for maintaining and replacing supplies and artifacts.

(D) Staff time to open, monitor, close and secure facilities — fees must recover salary cost for the building supervisor (including overtime were required).

(E) Event Set-Up, Clean Up — fees must recover salary cost for building supervisor and laborer (including any overtime).

(F) Administrative Support, including supplies — fees must recover salary cost for staff assistance, use of photocopier, paper, telephones, easels, charts and other expendable supplies.

(b) EDUCATIONAL AND TECHNICAL SERVICE FEES: The following fees apply to the use of Reserve educational or technical services, regardless of whether the Reserve initiated the activity. Fees shall include any administrative, facility or equipment costs:

(A) On-site Interpretive Programs — fees must recover salary cost for educator or interpreter services, maintenance costs for facilities, and technical services costs by the Reserve and shall include administrative, facilities, and equipment costs.

(B) Off-site Interpretive Programs — fees must recover salary cost for educator or interpreter services, transportation fuel costs and technical services costs.

(c) EQUIPMENT FEES:

(A) Use of Laboratory Equipment by non-Reserve investigators — fees must recover costs of equipment operation, plus generate a revenue stream for funds needed to repair or replace aging equipment. The amount of the fee shall be the same as the value given to equipment when equipment is used as grant match.

(B) Instructional Materials — fees must recover costs of duplication plus minimal training in uses.

(C) Vehicles, Boats, Motorized Machinery — fees must recover operating costs plus generate a revenue stream for maintenance, replacement and risk fund.

(D) Large Format Poster Plotter — fees must recover cost of supplies plus staff cost of any employee who prints student work on demand.

(E) Equipment Use at Event — fees must recover costs of equipment operation plus generate a revenue stream for repair or replacement of aging equipment.

(F) Equipment Use Off-Site — fees must recover costs of equipment operation plus generate a revenue stream for repair or replacement of aging equipment, creation of a risk fund, the cost of transport (if any) and staff time to provide basic instruction in use and check-out/in activities.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.554(2)
• SSNER 1-2008, f. & cert. ef. 4-14-08

Or. Admin. R. 142-015-0030 Fee Tiers

Fees established pursuant to OAR 142-015-000 to 142-015-0050 must recognize the following four tiers to reflect the diversity of the Reserve’s client base:

(1) N Schedule Clients — Public or private sector clients who have no connection to the Reserve and its mission.

(2) L Schedule Clients — Public or private sector clients who have limited connection to the Reserve and its mission.

(3) D Schedule Clients — Public or private sector clients who have a direct connection to the Reserve and its mission.

(4) E Schedule Clients — Exempt; fees can be waived at the discretion of SSNERR management for specific category of use or for certain public or private sector entities otherwise authorized by the SSNERR Manager, including but not limited to a cooperating association that has entered into an agreement with the Reserve, such as the Friends of South Slough, or a charity, social service group or other organizations with memoranda of understanding or reciprocal use agreements, cultural share groups.

(a) Eligibility of “E” schedule clients will be established via a written application process.

(b) “E” schedule governs the use of interpretive center classroom and auditorium during regular business hours (requiring simple set-up, self clean up and self-administrative support).

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.554(2)
• SSNER 1-2008, f. & cert. ef. 4-14-08

Or. Admin. R. 142-015-0040 Biennial Review of Fees

(1) By January 1 of each even-numbered year, the Reserve Manager must prepare a report and recommendations on fees to be considered by the Commission at its first meeting of that year. The report shall include:

(a) A report of the revenues earned from fees during the biennium ending on June 30 of the preceding odd-numbered year;

(b) A recommendation of any changes to the fee schedule for the next biennium beginning on July 1 of the even-numbered year;

(c) A projection of the anticipated revenues over the next two-year period based on the recommended fee schedule;

(d) An evaluation of the impact of the fees on participation in Reserve events; and

(e) Costs of implementing the fee schedule.

(2) At the first regular Commission meeting of each even-numbered year, the Commission shall review the report and adopt a new fee schedule.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.554(2)
• SSNER 1-2008, f. & cert. ef. 4-14-08

Or. Admin. R. 142-015-0050 Addition of Fee for New Category

In the event the Reserve is requested to allow a usage or activity not anticipated at the time the Commission approves the schedule under OAR 142-015-0040, the Manager or the Operations Manager may establish a proposed fee and submit the fee to the Commission at its next regular meeting. The fee shall be based on the costs to the Reserve in sponsoring or carrying out the activity or usage and shall take into consideration the criteria set forth in 142-015-0010(1). Upon approval by the Commission the fee shall be incorporated into the fee schedule.

History

• Statutory/Other Authority: ORS 273.554
• Statutes/Other Implemented: ORS 273.554(2)
• SSNER 1-2008, f. & cert. ef. 4-14-08