(1) The State Capitol State Park is created, consisting of:

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(a) The grounds immediately surrounding the State Capitol bordered by State Street on the south, Court Street on the north, Cottage Street on the west and Waverly Street on the east; and

(b) The grounds surrounding the Department of Transportation Building, the Public Service Building, the Bureau of Labor and Industries Building and the State Library, bordered by Court Street on the south, Center Street on the north, Winter Street on the west and Capitol Street on the east.

(2) Except as provided in ORS § 276.002 (4) and subsection (3) of this section, the State Parks and Recreation Department shall manage and control the utilization of the State Capitol State Park.

(3) The Oregon Department of Administrative Services shall manage and control the utilization of the underground parking structures located beneath the area described in subsection (1)(b) of this section and all aboveground structures that provide access to the underground parking structures.

(4) The Oregon Department of Administrative Services shall construct one or more permanent lavatories on the grounds of the State Capitol State Park. Upon completion of construction, the State Parks and Recreation Department shall maintain and control the utilization of the lavatories.

(5)(a) To commemorate and honor Indian tribes, the State Parks and Recreation Department shall plan, erect and maintain one or more monuments or other suitable markers that are sited within, and are compatible with, the Walk of the Flags on the grounds of the State Capitol State Park.

(b) The department shall consult with the Oregon State Capitol Foundation, the Commission on Indian Services and each of the federally recognized Indian tribes in Oregon in carrying out its duties under this section.

(c) The department shall carry out its duties under subsection (5)(a) of this section only after obtaining funding from private sources.

(6)(a) The portion of the State Capitol State Park that is the southwest corner of the park, just to the south of the World War II memorial, is hereby dedicated to a Vietnam War memorial.

(b) A Vietnam War memorial constructed under this subsection is an outright permitted use without taking an exception under ORS § 197.732 to the statewide land use planning goals or changing the acknowledged comprehensive plan or land use regulations of Marion County.

(c) The State Parks and Recreation Department shall maintain the finished memorial. [2007 c.892 § 5; subsection (5) of 2009 Edition enacted as 2008 c.6 § 1; subsection (6) of 2021 Edition enacted as 2021 c.485 § 1]

Section 2, chapter 485, Oregon Laws 2021, provides:

(1) The Vietnam War memorial described in section 1 of this 2021 Act [276.053 (6)] is to be funded and constructed by a nonprofit corporation that is:

(a) Organized in this state; and

(b) Dedicated to establishing a Vietnam War memorial on the grounds of the State Capitol State Park.

(2) All agencies of state government, as defined in ORS § 174.111, are directed to assist the nonprofit corporation, to the extent permitted by law, including laws related to confidentiality, to furnish information and advice to the nonprofit corporation that the corporation considers necessary to complete the Vietnam War memorial described in section 1 of this 2021 Act. [2021 c.485 § 2]

276.053 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Capitol Area Planning)