The Act of 1935 banned the Port from dredging navigable streams. The federal government took over authority to dredge the Columbia; however, it contracts with the Port of Portland to do the work. When the Army Corps of Engineers uses any of the Port’s resources to dredge, the Port is reimbursed, in full, for the amount.
Act of 1935
Chapter 14
An Act
[S.B. 18]
To amend sections 60-901, 60-903, 60-904, 60-905 and 60-905, Oregon Code 1930, relating to the taking of gravel, rock and sand from the beds of navigable streams.
Be It Enacted by the People of the State of Oregon:
Section 1. That section 60-901, Oregon Code 1930, be and the same hereby is amended so as to read as follow:
Sec. 60-901. The state land board hereby is authorized to lease the beds of navigable portions of navigable streams for the purpose of removing gravel, rock and sand therefrom. Such lease shall not be made except after notice of competitive bidding and no lease shall be made for a lump sum but only on a basis of the price per cubic yard for the material removed.
Section 2. That section 60-903, Oregon Code 1930, be and the same hereby is amended so to read as follows:
Sec. 60-903. Any person, firm or corporation, before taking gravel, rock or sand from state properties, shall apply to the sate land board for a lease, and such application shall be accompanied by a map showing the premises and the ownership of the abutting property. After such notice as may be prescribed by the state land board, it shall receive sealed bids on the lease and thereafter award the lease to the highest bidder.
Section 3. That section 60-904, Oregon Code 1930, be and the same hereby is amended so as to read as follows:
Sec. 60-904. The state land board thereafter may enter into contract of lease with such stipulations protecting the interest of the state as the land board may require, and shall require a bond with a surety company authorized to transact a surety business in the state of Oregon, as surety, to be given by the lessee for performance of such stipulations, and providing for forfeiture for nonpayment or failure to operate under said contract; provided, that no contract shall be entered into giving any person an exclusive privilege of leasing or purchasing the property of the state of Oregon. The lessee in all such contracts shall report monthly to the state land board the amount of gravel, rock and sand taken under his or its contract and pay to the board the amount of royalty thereon provided in said contract.
Section 4. That section 60-905, Oregon Code 1930, be and the same hereby is amended so as to read as follows:
Sec. 60-905. The state land board shall employ such assistance as it may require to carry out the terms hereof and shall receive the services of the attorney general and the state engineer when required. The state land board shall have and hereby is given authority to inspect and audit the books, records and accounts of each person, firm or corporation removing rock, sand or gravel from the bed of any navigable stream or waters or other state land, and to make other investigation and secure or receive other evidence to such extent as may be necessary to determine weather or not the state land board is being paid the full amount payable to it for the removal of such sand, rock or gravel. The state land board may employee such inspectors, investigators and accountants as it may deem necessary to execute the foregoing powers and secure the payment to the state of all money payable to it under the provisions of this chapter. The proceeds derived from the operations hereunder, after payment of all expenses incident hereto, shall be turned over to and become a part of the irreducible school fund.
Section 5. That section 60-906, Oregon Code 1930, be and the same hereby is amended so as to read as follows:
Sec. 60-906. It shall be unlawful for any person to remove gravel, rock or sand from the bed of any navigable stream of water, or from the bars of any navigable stream, or from any property of the state of Oregon, for commercial uses without complying with the provisions of this act; provided, that nay person may take gravel, rock or sand exclusively for his own use. Any person violating or failing to comply with any of the conditions of this act shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than $100 nor more than $1,000, or by a jail sentence of not less than 10 days nor more than 250 days.
Approved by the governor November 15, 1935. Filed in the office of the secretary of state November 15, 1935.
