USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 272 Federal Lands
Whenever it is necessary for the United
States to acquire title to real property belonging to an individual or
corporation, for the purpose of constructing a public improvement
authorized by Act of Congress, and such property cannot be purchased from
the owner for that purpose, an authorized agent of the United States may
enter upon, examine and select a quantity of land sufficient for public
improvements, and proceed in the mode prescribed in ORS chapter 35 to
have such property appropriated and the compensation therefor determined
and paid. [Amended by 1967 c.421 §180] All civil or criminal process issued
under the authority of this state may be executed by the proper officers
of this state upon any person amenable to the process within the limits
of lands acquired by the United States under ORS 272.020, 272.030,
272.033 and 272.036 in like manner and to the same effect as if those
sections had not been enacted. [1967 c.421 §181]
Whenever the United States desires to acquire title to land belonging to
this state, and covered by the navigable waters of the United States, for
the site of an aid to navigation, and application is made by a duly
authorized agent of the United States, describing the site required for
such purposes, the Governor may convey the title to the United States and
cede to the United States jurisdiction over the site, subject to ORS
272.015. However, no single tract shall contain more than 10 acres.
[Amended by 1967 c.421 §182] Consent is given
to the United States to acquire lands for the purpose of erecting thereon
any needful public buildings, under authority of any Act of Congress. The
United States may enter upon and occupy such lands which may be purchased
or otherwise acquired, and shall have the right of exclusive jurisdiction
over the lands, subject to ORS 272.015. [Amended by 1967 c.421 §183] Exclusive jurisdiction is ceded to the United
States over the military reservation of Fort Stevens, situated on Point
Adams, in Clatsop County of this state, subject to ORS 272.015. [Formerly
272.080] Consent is given to the United States to
acquire the premises and property described in the preamble of chapter
77, Oregon Laws 1913 (Oregon City canal area). The United States may
enter upon and use and occupy such lands and premises and shall have the
right of exclusive jurisdiction over the lands and premises, subject to
ORS 272.015. [Formerly 272.090](1) Subject to ORS 272.050, consent is
given to the acquisition by the United States by purchase, gift or
condemnation with adequate compensation, of such lands as in the opinion
of the United States may be needed for the establishment, consolidation
and extension of national forests in this state under the provisions of
the Act of March 1, 1911 (36 Stat. 961), as amended.
(2) The State of Oregon retains a concurrent jurisdiction with the
United States in and over lands so acquired:
(a) So that civil processes in all cases, and such criminal
processes as may issue under the authority of this state against any
person charged with the commission of any crime without or within such
jurisdiction, may be executed thereon in like manner as if this consent
had not been granted.
(b) To tax persons and corporations and their property and
transactions on such lands so acquired.
(c) For the purpose specified in ORS 376.505 to 376.540, subject,
however, to such modification as to the detailed location of any right of
way as may be necessary to protect the interests of the United States.
[Amended by 1967 c.421 §186]Acquisition authorized under ORS 272.040 shall be contingent on
the consent of the governing body of the county wherein such tract or any
portion thereof is situated and such consent must be given by an order
duly made and entered in the records of such governing body and a
certified copy thereof transmitted to the State Forester. [Amended by
1965 c.253 §137; 1989 c.367 §1] (1) For the purpose of more
effectively cooperating with the United States in the acquisition,
development and maintenance of refuges for migratory wild fowl as
provided in the Migratory Bird Conservation Act (45 Stat. 1222, 16 U.S.C.
715 to 715r), as amended, permission is granted to the United States to
acquire by purchase, gift or lease, lands and waters which the Secretary
of the Interior of the United States may deem necessary and suitable for
the purposes provided in such Act.
(2) Jurisdiction of the State of Oregon, both civil and criminal,
over persons upon areas acquired under this section shall not be affected
or changed by reason of their acquisition and administration by the
United States as migratory bird reservations, except so far as the
punishment of offenses against the United States is concerned.
(3) Nothing in this section is intended to interfere with the
operation of the laws of the State of Oregon applying to migratory game
birds insofar as they do not permit what is forbidden by federal law.
[Amended by 1967 c.421 §187] Exclusive jurisdiction is ceded
to the United States over all the territory now or hereafter included in
that tract of land set aside by the Act of May 22, 1902 (32 Stat. 202, 16
U.S.C. 121 to 123), as amended, for the purposes of Crater Lake National
Park. However, the State of Oregon retains the right to:
(1) Serve civil or criminal process within the limits of the park
in any suits or prosecution for or on account of rights acquired,
obligations incurred or crimes committed in the state but outside of the
park.
(2) Tax persons and corporations, their franchises and property on
lands included in the park. [Amended by 1967 c.421 §188] Jurisdiction
over the tract of land included within the limits of the Sheridan Federal
Correctional Institution, an area of approximately 189 acres located in
the City of Sheridan, Yamhill County, Oregon, is hereby ceded to the
United States. However, the State of Oregon reserves concurrent
jurisdiction to enforce the criminal and civil laws of the State of
Oregon or its political subdivisions within the correctional institution.
The State of Oregon also reserves the right to serve civil or criminal
process within the correctional institution in suits or prosecutions for
or on account of rights acquired, obligations incurred, or crimes
committed in the State of Oregon. [1989 c.781 §1]
(1) All funds received from the United States Government by the State of
Oregon as five percent of the net proceeds of sales of public lands and
materials on those lands located within the State of Oregon, shall upon
receipt by the State Treasurer be credited to a special fund in the State
Treasury to be known as the Five Percent United States Land Sales Fund.
This special fund, notwithstanding the provisions of ORS 291.238, is
continuously appropriated including interest earned to this special fund
except for an amount of 60 cents per county that shall be deducted as a
distribution charge. The distribution charge is in addition to the
transaction charge approved for the Oregon Department of Administrative
Services during the budgetary process. The department shall cause the net
amount to be distributed to the counties of the state on the basis of the
average square mile area of each county.
(2) The moneys distributed to the counties under subsection (1) of
this section shall be used for the benefit of the public roads and
bridges of the recipient county.
(3) The amount of the distribution charges is continuously
appropriated to and shall be used to meet expenses incurred by the Oregon
Department of Administrative Services in administering this section.
[1981 c.787 §3; 1985 c.787 §1]
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