justicedao/ipfs_state_laws huggingface dataset:
141-071-0655 Suspension of Operation Upon the occurrence of any of the following events, the Director may issue an order suspending operations under a mining lease executed by the Division: (1) Violation of the regulatory requirement of the Oregon State Department of Geology and Mineral Industries, the Oregon Department of Environmental Quality, the Division of Employment, Bureau of Labor, Workmen’s Compensation Board, Public Utility Commissioner, Department of Revenue or other authority having jurisdiction, in excess of 30 days after notice in writing from any such agency, except that requirements undergoing further consideration or reconsideration by such agency, or appeal to the courts of such agency’s decision, shall allow continued operation of the leased premises. (2) Any violation of the terms and conditions of a mining lease which, in the judgment of the Director, jeopardizes the environment, public health, welfare, or safety of the State of Oregon. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0660 Cancellation of Mining Lease The Division may commence proceedings to cancel a mining lease if: (1) A lessee is in continued violation of terms and conditions of the lease including but limited to the requirement thereof to exercise due diligence in exploring, developing, and operating under the mining lease, beyond 30 days after receipt of notice in writing of such violation from the Division. (2) The lessee submitted false information in its application or in any other document required to be submitted to the Division; or (3) The lessee has changed its method of exploring, developing, or producing mineral resources under the lease without first securing the approval of the Division. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-073-0100 Purpose and Applicability (1) These rules govern the release, sale or exchange of mineral rights held by agencies of the State of Oregon other than the State Land Board and the Department of State Lands. (2) The procedures contained in these rules shall be used by the State Land Board and the Department to review proposed releases, sales or exchanges of properties by state agencies to determine if the state should release, sell or exchange the mineral rights that may be a part of these properties. (3) These rules do not apply to the release, sale or exchange of mineral rights held by the State Land Board and administered by the Department. These activities are governed by the Rules Governing the Sale, Exchange and Purchase of Land (OAR 141-067). Statutory/Other Authority: ORS 273.045, 273.551 & 273.775 - 273.790 Statutes/Other Implemented: ORS 273.780 - 273.790 History: DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05 LB 23, f. 4-18-75, ef. 5-11-75
141-073-0110 Policies (1) ORS 273.780 requires that: (a) The mineral rights in property owned by any agency of the State of Oregon, or retained by a state agency after the sale or exchange of such property, are the property of the State of Oregon. (b) Except as provided in ORS 273.785: (A) Proceeds from the mineral rights held by the state shall accrue to the Common School Fund, and (B) The State Land Board shall act for the state in any transaction involving the exploration for, or development, sale or exchange of mineral rights belonging to the State of Oregon. (C) All mineral rights owned by the State of Oregon shall be retained by the state unless the State Land Board determines that the sale or exchange of the rights is for the purpose of “..obtaining the greatest benefit for the people of this state consistent with the conservation of lands under its jurisdiction under sound techniques of land management.” as provided by Article 8, Section 5(2) of the Oregon State Constitution. (2) The Department shall administer these rules to ensure to the greatest extent possible that agencies applying for a release of state-owned mineral rights receive timely, consistent, predictable and fair treatment. (3) The Land Board will not authorize a release, sale or exchange of a mineral right without first making a finding that the release, sale or exchange is for the purpose of obtaining the greatest benefit for the people of this state, consistent with the conservation of lands under its jurisdiction under sound techniques of land management. (4) No mineral right shall be released, sold or exchanged without Land Board review and approval. (5) The evaluation of mineral and geothermal resources is often difficult and costly. The accuracy of an evaluation or determination of the value of a mineral right is highly contingent on how much geologic and exploration data are available for review. Unless the Department determines that: (a) There is a good possibility based on a preliminary evaluation by a mineral resource consultant that significant mineral and/or geothermal resources could occur in the land bounded by a mineral right; and (b) Significant revenue would be received by the Common School Fund from the sale of the mineral right, the Department will not spend its financial resources to retain the services of a mineral resource consultant to conduct a more in-depth evaluation of the value of the mineral right. (6) The Department will proceed with the processing of applications for the release, sale, or exchange of mineral rights only to the extent that staff availability and budget permit. Statutory/Other Authority: ORS 273.045, 273.551 & 273.775 - 273.790 Statutes/Other Implemented: ORS 273.780 - 273.790 History: DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05 LB 23, f. 4-18-75, ef. 5-11-75
141-073-0115 Mineral Right Release, Sale and Exchange Application Process (1) State agencies that want to release, sell or exchange mineral rights shall notify the Department in writing of the details of the proposed release, sale or exchange at least sixty days prior the date of the proposed transaction. This notification shall include: (a) The legal description of the subject mineral rights to be conveyed as contained in the deed; (b) A legal description of the property limits on which the subject mineral rights occur; (c) A tax lot map on which the boundaries of the subject property and mineral rights are identified; (d) A map showing the location of the subject property and mineral rights relative to urban growth boundaries; (e) The zoning of the land on which the mineral right is located; (f) Any appraisals that have been conducted of the property, particularly those that address the value of the subject mineral rights; (g) Any geologic reports, mineral and geothermal resource evaluations, appraisals, and other relevant information concerning the subject mineral rights held by the agency requesting the release, sale or exchange of the mineral rights; (h) The reason(s) the agency wants to release, sell or exchange the mineral rights; (i) The name, address, and telephone number of the person who wants to acquire the subject state-owned mineral rights; (j) The consideration being offered by the person requesting the release, sale or exchange of the state-owned mineral rights; and (k) Documentation that the agency requesting the release, sale or exchange has completed the Department of Administrative Services’ surplus property process (OAR 125-045). (2) Upon receipt of the written notification, the Department will review it for completeness. If the notification is determined by the Department to be incomplete, the Department will contact the agency to advise it of what additional information is required. (3) If the notification is determined by the Department to be complete, the Department shall process it in accordance with the procedures provided in OAR 141-073-0118 and 141-073-0119. (4) The Department may, at its discretion, use any geologic reports or mineral and geothermal resource evaluations and appraisals provided by an agency requesting the release, sale or exchange of mineral rights instead of retaining a mineral resource consultant as provided in OAR 141-073-0118 through 141-073-0119. Statutory/Other Authority: ORS 273.045, 273.551 & 273.775 - 273.790 Statutes/Other Implemented: ORS 273.780 - 273.790 History: DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05 LB 23, f. 4-18-75, ef. 5-11-75
141-073-0118 Mineral Right Release or Sale Process (1) If the subject mineral right proposed for release or sale is owned by an agency other than the Department: (a) The Department shall request a mineral resource consultant to conduct a preliminary evaluation of the mineral right. This evaluation will be the opinion of the mineral resource consultant regarding the actual or possible presence, extent and grade of, and demand for the mineral resources within the mineral right, and will be presented in writing to the Department. (b) If no significant mineral or geothermal resources are believed by the mineral resource consultant to exist, the Department will submit the request to the Land Board for its consideration. If Land Board approval is granted, the Department will release the state-owned mineral rights to the agency/person applying for them. (2) If the mineral resource consultant’s preliminary evaluation to the Department indicates that significant mineral and/or geothermal resources exist within the limits of the mineral right, and any revenue derived from the mineral right would: (a) Not accrue to the Common School Fund, the agency submitting the request for release or sale of the mineral right shall, at their own cost, retain a mineral resource consultant to conduct an in-depth evaluation to determine a value for the mineral and geothermal resources. (b) Accrue to the Common School Fund, the Department may either retain a mineral resource consultant to conduct an in-depth evaluation to determine a value for the mineral and geothermal resources, or advise the agency that it will not release the mineral right for sale or exchange. (3) If the mineral resource consultant’s in-depth evaluation indicates the presence of significant mineral and/or geothermal resources within the limits of the mineral right, the Department may either: (a) Advise the agency that it will reserve the mineral right, or (b) After receipt of Land Board approval, sell the mineral right at a value based on either the mineral resource consultant’s in-depth evaluation plus any cost incurred by the Department to retain the consultant, or for a price negotiated by the Department. (4) If the mineral consultant’s in-depth evaluation determines that no significant mineral and/or geothermal resources exist within the limits of the mineral right, the Department shall submit the request to the Land Board for its consideration. If Land Board approval is granted, the Department will release the state-owned mineral rights to the agency/person applying for them. (5) As provided in OAR 141-073-0115(4), the Department may, at its discretion, use information provided by the agency requesting the release or sale of mineral rights instead of using/requiring a mineral resource consultant for some or all of the reports and evaluations required. Statutory/Other Authority: ORS 273.045, 273.775 - 273.79 & OR Const., Art. VIII & Sec. 5 Statutes/Other Implemented: ORS 273.775 - 273.79 History: DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05
141-073-0125 Form of Reservation Whenever mineral or geothermal resources rights are retained in lands, the deed executed by the state agency selling or exchanging the surface rights shall contain the following reservation clause: "Excepting and reserving to itself, its successors, and assigns all minerals as defined in ORS 273.775(1), including soil, clay, stone, sand, and gravel*, and all geothermal resources, as defined in ORS 273.775(2), together with the right to make such use of the surface as may be reasonably necessary for prospecting for, exploring for, mining, extracting, reinjecting, storing, drilling for, and removing, such minerals, materials*, and geothermal resources. In the event use of the premises by a surface rights owner would be damaged by one or more of the activities described above, then such owner shall be entitled to compensation from state's lessee to the extent of the diminution in value of the real property, based on the actual use by the surface rights owner at the time the state's lessee conducts any of the above activities." NOTE: *To be deleted in the individual case, as approved by the State Land Board. Statutory/Other Authority: ORS 273.045, 273.551 & 273.775 - 273.790 Statutes/Other Implemented: ORS 273.780 - 273.790 History: DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05 LB 5-1984, f. & ef. 10-10-84 LB 3-1984(Temp), f. & ef. 4-26-84 LB 8-1982, f. & ef. 8-25-82 LB 2-1982(Temp), f. & ef.3-17-82 LB 45, f. & ef. 10-21-77 LB 23, f. 4-18-75, ef. 5-11-75
141-073-0215 Minerals Registry (1) Pursuant to the provisions of ORS 273.790, the Department shall establish and maintain a registry of mineral and geothermal resource rights placed under the jurisdiction of the State Land Board. (2) This registry shall be used by the Department, all state agencies, and the public to know: (a) The location of mineral rights owned by the State of Oregon; and (b) The availability of these rights for exploration and mineral leasing. (3) The registry shall identify the surface owner wherever possible. (4) State-owned mineral and geothermal resource rights in parcels of less than 40 acres shall not be listed in the registry. (5) All state agencies owning mineral and geothermal resource rights shall report changes in the ownership status of those rights in writing to the Department within 30 days of such changes. Changes include, but are not limited to the purchase, sale or exchange of mineral rights or parcels containing mineral rights. The Department shall add data concerning such purchases, sales or exchanges of mineral rights or parcels containing mineral rights to the registry upon receipt of written notification. (6) The Department shall maintain a record of the issuance, expiration, or cancellation of each mineral or geothermal resource lease. Statutory/Other Authority: ORS 273.045, 273.551 & 273.775 - 273.790 Statutes/Other Implemented: ORS 273.780 - 273.790 History: DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05, Renumbered from 141-073-0225, 141-073-0230, 141-073-0240, 141-073-0250 LB 23, f. 4-18-75, ef. 5-11-75
141-079-0001 Elliott State Research Forest - Forest Management Plan The 2024 Forest Management Plan for the Elliott State Research Forest, as promulgated by the State Land Board and the Department of State Lands, is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: Oregon Constitution, Article VIII, Section 5, ORS 273.041 & ORS 273.045 Statutes/Other Implemented: ORS 273.171 & ORS 530.450-530.520 History: DSL 2-2025, adopt filed 04/09/2025, effective 04/09/2025
141-080-0105 Lower Willamette River Management Plan The 1992 Lower Willamette River Management Plan as promulgated by the State Land Board and the Division of State Lands is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: ORS 273.045 History: LB 4-1992, f. & cert. ef. 9-15-92 LB 1-1986, f. & ef. 1-22-86 LB 30, f. 9-22-75, ef. 9-26-75 LB 14, f. 1-21-74, ef. 2-11-74 LB 12(Temp), f. & ef. 10-18-73
141-081-0050 Navigable Rivers of Oregon (1) The State of Oregon, acting by and through its State Land Board, hereby declares, on the basis of investigations and hearings held under ORS 274.029 (1973) and 274.034 (1973), that the Rogue River is a navigable river of the State of Oregon from Grave Creek (River Mile 68.4) to Gold Beach, Oregon, (River Mile 0.0). The Rogue River is navigable by virtue of the fact that on February 14, 1859, it was susceptible of being used in its ordinary condition as a highway for commerce, trade, and travel in the customary modes of trade and travel on water. NOTE: This determination and declaration applies only to the river reach referred to herein and does not imply that any other reach of the river is navigable or non-navigable pursuant to ORS 274.029 (1973) and 274.034 (1973). (2) The State of Oregon, acting by and through its State Land Board, hereby declares, on the basis of investigations under ORS 274.029 (1973) and 274.034 (1973), that the McKenzie River is a navigable river of the State of Oregon from its confluence with the Willamette River to a point known as Dutch Henry Rock, near River Mile 37. (3) The State of Oregon, acting by and through its State Land Board, hereby declares, on the basis of investigations under ORS 274.029 (1973) and 274.034 (1973), that the Umpqua River is a navigable river of the State of Oregon from its mouth (River Mile 0.0) near Winchester Bay, Oregon, to the head of tidewater (approximately River Mile 28) near Scottsburg, Oregon. Statutory/Other Authority: ORS 273.045 & ORS 274.034 (1973) Statutes/Other Implemented: ORS 274.034 (1973) History: DSL 3-2025, minor correction filed 05/13/2025, effective 05/13/2025 LB 41, f. & ef. 12-16-76 LB 38, f. & ef. 10-15-76 LB 29, f. 9-17-75, ef. 10-10-75 LB 25(Temp), f. & ef. 8-5-75
141-082-0250 Purpose and Applicability (1) These rules: (a) Govern the granting and renewal of leases, public facility licenses and registrations (hereafter collectively referred to as waterway use authorizations) for a wide variety of commercial, non-commercial, and public uses in, on, under or over state-owned submerged and submersible land. (b) Do not apply to the granting of: (A) Easements on state-owned submerged and/or submersible land governed by Division 122 or Division 123 of the Department’s administrative rules; (B) Authorizations for hydroelectric projects on state-owned Trust and Non-Trust Land governed by Division 87 of the Department’s administrative rules; (C) Authorizations for the removal or use of rock, sand, gravel and silt from state-owned submerged and/or submersible land governed by Division 14 of the Department’s administrative rules; (D) Authorizations for special uses of state-owned submerged and/or submersible land such as for short term access; the conduct of scientific experiments and the removal of sunken logs governed by Division 125 of the Department’s administrative rules; (E) Authorizations for ocean energy conversion devices and fiber optic and other cables in, on or over the Territorial Sea governed by Divisions 140 and 83 of the Department’s administrative rules; (F) Authorizations for remediation and habitat restoration activities governed by Division 145 of the Department’s administrative rules; and (G) Authorizations for uses and structures specifically governed by any other chapter of the Department’s administrative rules. (c) Provide that all uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules, require prior written authorization from the Department pursuant to these rules. (2) The Director may determine other uses and structures similar to those specified in OAR 141-082-0265 that are subject to a specific authorization under these rules. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 6-2020, minor correction filed 05/12/2020, effective 05/12/2020 DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0265 Types of Uses and Required Authorizations (1) All uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules, require prior written authorization from the Department pursuant to these rules. (2) Uses and structures requiring leases include, but are not limited to: (a) Aquaculture facilities; (b) Marine industrial/marine service uses; (c) Floating homes, floating home moorages, and other dwellings; (d) Fish or other processing facilities, sea water desalination and mineral extraction facilities; (e) Log raft, log storage or log booming areas; (f) Historical vessel moorages; (g) Commercial and non-commercial marinas; (h) Multi-family docks not qualifying for registration; (i) Non-marine uses (for example, restaurants, warehouses, offices, motels, etc.); (j) Individual non-commercial docks/floats, boathouses, and floating recreational cabins not qualifying for registration or public facility license; (k) Commercial, industrial or residential uses; (l) Water taxi, cruise ship and tour boat moorages; (m) Ownership-oriented facilities; and (n) Other similar uses and structures not exempted by statute or these administrative rules, and determined by the Director to be subject to lease. (3) Uses and structures requiring a registration are: (a) Non-commercial structures including docks/floats, multi-family docks, boat lifts, and/or boat houses of 2,500 square feet or less; measurement excludes calculation of associated gangways, pilings, dolphins, mooring buoys, protective and shear booms and boat ramps; (b) Floating recreational cabins of 1,500 square feet or less; measurement excludes calculation of associated, pilings, dolphins, recreational use mooring buoys, and protective booms; (c) Water sport structures unless authorized by the Oregon State Marine Board in compliance with OAR 250-010-0097 (Application for Special Use Device Permits); (d) Rip-rap, pilings, dolphins, and private boat ramps; (e) Structures constructed by a drainage or diking district; (f) Tide gates; (g) Rights of way established prior to November 1, 1981 for any county road or city street; (h) Voluntary habitat restoration work; and (i) Other similar structures or uses determined by the Director to be eligible for registration. (4) Uses and structures that are eligible for a public facility license are publicly-owned, operated and maintained: (a) Boat ramps/landings; (b) Viewing structures; (c) Fishing piers; (d) Recreational boating, transient docks/floats; (e) Structures, piers, docks/floats owned, operated by, or under contract to a government agency as long as they are in active service and used exclusively by the government agency to perform the function of that agency; and (f) Navigation aids placed by public agencies including approach and landing lights, and radio navigation and landing aids for aviation. (5) Limited Duration uses are exempt from authorization under these rules. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13
141-082-0275 Application Requirements for a Lease or Public Facility License (1) Any person wanting to use state-owned submerged and submersible land that is subject to a lease or public facility license must, using a form provided by the Department, apply for and obtain the required authorization prior to using the submerged and submersible land. (2) All applications for a lease or public facility license must be fully completed and accompanied by a non-refundable fee payable to the Department in the amount of $750. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274 History: DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17 DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13