justicedao/ipfs_state_laws huggingface dataset:
141-071-0500 Size of Leasable Tract (1) Minimum — Except for good cause shown, no minerals lease will be issued for a tract less than a quarter-quarter section (40 acres) or surveyed lot, which could be more or less than 40 acres, except where state lands within any quarter-quarter section or surveyed lot is less than the whole thereof, in which case the lease will be issued only on the entire area of state lands within such quarter-quarter section or surveyed lot. (2) Maximum — Upon certification of a discovery, the permittee shall be entitled to apply for four mineral leases of not more than 640 acres each of the land embraced in the exploration permit. The areas selected by the permittee/applicant shall be in compact form and shall conform to government surveys wherever possible. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0505 Application Any qualified applicant wishing to obtain an original, amended, or renewal mining lease shall submit at least two copies of a written application on forms provided by the Division. The application must be completely filled out and duly signed by the applicant and be accompanied by the required fee and advance rental. Any false or willfully incomplete statement will be considered misrepresentation and may be cause for rejection. Any person purporting to act for an applicant in making application for a mining lease shall accompany the application form with a properly executed power of attorney or shall have same on file in the Division of State Lands. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0510 Receipt of Application Applications for mineral leases will be received for filing in the office of the Division during office hours. Because lease priority is obtained only by discovery, drawing, or competitive bidding, time of receipt will be recorded in the same manner as other correspondence. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0515 Priority A permittee under a current minerals prospecting permit shall obtain a preferential right to a minerals lease if: (1) The permittee certifies that it has discovered a valuable mineral deposit and will obtain commercial production of a mineral or minerals; and (2) The permittee completes the requirements of OAR 141-071-0505 and 141-071-0520. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0520 Application Supplement The application priority afforded an applicant by OAR 141-071-0515, or awarded by means of simultaneous filing drawing, or competitive bidding shall be maintained provided that, within 120 calendar days following acceptance of the application form, the applicant submits the following supplemental information to the Division: (1) An environmental impact report following the form adopted by the Division. (2) When deemed necessary or advisable, the Division may require an applicant to submit copies of all technical data relied upon by the applicant as proof of discovery. (3) A proposed plan for mined land reclamation (copy of Department of Geology and Mineral Industries Reclamation Permit application acceptable). (4) Such other information as the Division advised the applicant to be necessary. (5) Mining Lease applications may include a corporate surety bond of not less than $1,000, or, if not submitted at the time of application, must be provided prior to issuance of a mineral lease. (6) The Division may require additional amounts of bonding from time to time during the lease term whenever the monthly proceeds from royalties exceeds 1/3 of the bond amount. (7) Extension during exploration. The Division may grant an extension of time for submission of supplemental information whenever the applicant is proceeding under a valid mineral prospecting permit to determine the nature of the mineral resources included in the mineral lease application. Such extension(s) shall not exceed one year’s time. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0525 Application Rejection If application supplements are not received by the Division within the time limit specified in OAR 141-071-0520 or if such application supplements are not complete, the entire application shall be rejected and returned to the applicant with an explanation of the reasons for rejection. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0530 Application and Supplement Consideration (1) Upon receipt of a lease application, the Division shall cause notice of the application to be sent to affected state agencies, including the agency having jurisdiction over the surface rights, the Department of Environmental Quality, Department of Geology and Mineral Industries, State Fish and Wildlife Commission, Land Conservation and Development Commission, Department of Energy, State Historic Preservation Office, and such other agencies or persons as the Division deems appropriate. (2) Upon receipt of the environmental impact report, the Division shall send copies to the same affected state agencies. (3) Each agency shall be requested to respond within 60 days of its receipt of the environmental impact report making a recommendation as to whether the lease should be granted to the applicant. Agencies may also recommend conditions to be contained in the lease to satisfy requirements within their respective statutory jurisdictions. Applicants will be advised of conditions recommended by state agencies and, where advisable, a conference between agencies and applicants will be held. (4) The Division shall make such investigations as it considers necessary and shall notify the public of its opportunity to request a hearing or hearings upon the granting of the application, together with the timetable and procedures to be followed. The Division will provide written notice to any person or organization which has requested in writing of the Division that such notices be provided to it directly. (5) If the Division approves the application, and the state agency controlling the surface rights concurs, the application will be placed before the State Land Board for its final approval, when required by OAR 141-071-0410. Upon approval by the State Land Board, if required, the Division shall promptly forward to the applicant a mining lease incorporating all conditions which are deemed necessary by the Director, taking into consideration the recommendations of other affected agencies, the protection of natural resources, public health, and safety. (6) The Division or Board may refuse to grant a lease for state-owned minerals because of considerations of environmental quality, inadequate cost-benefit ratio, or other public interest. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0535 When Applicable Upon an order of the Director, when he deems it necessary to insure competitive equity, the Division shall offer mineral resource rights for leasing by public drawing. Additionally, Prospecting Permit applications received for the same land or mineral rights in any single mail delivery shall be awarded priority by following OAR 141-071-0540(4) and (5). Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0540 Procedures The following procedures shall be employed in leasing mineral resource rights by public drawing: (1) A notice of the mineral resource rights available for leasing by public drawing shall be posted in the offices of the Division and distributed to all persons who have informed the Division in writing of their desire to receive such notice. The Division shall describe the mineral resource rights available for leasing, and state the last date, which shall be at least 30 days after the date the notice is posted, on which applications will be received. (2) Applications for the mineral resource rights described in the notice shall be submitted in sealed envelopes labeled “Simultaneous Filing# date” on a form supplied by the Division, and shall be accompanied by the filing fee required by OAR 141-071-0420 and the advance rental required by 141-071-0600 and a stamped business reply envelope. (3) All applications for the leasing of such mineral resource rights filed on or before the closing date stated in the notice shall be considered to have been filed simultaneously. Such applications shall be opened in the Division’s Salem office at 10 a.m. of the first day following the closing date stated in the notice. (4) After reviewing each application for compliance with the requirements of these rules, the Division shall select the successful qualified applicant by a random drawing which shall be held in public. Unless otherwise noted in the notice for simultaneous filing, successful mining lease applicants shall be required to comply with OAR 141-071-0520. (5) After the awarding of mining leases or prospecting permits to the successful qualified applicants, all rental checks shall be returned to the unsuccessful applicants, together with a list of the successful applicants. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0545 Competitive Bidding Upon a determination that mineral rights lying near a discovery site are not leased or subject to application under OAR 141-071-0535 or 141-071-0485, the Division may offer one or more parcels not exceeding 640 acres each for competitive bidding, by sealed bids or at oral public auction, to the bidder offering the highest bonus in addition to the minimum annual rental. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0550 Notice of Bidding The Division will publish a notice of opportunity to bid for leases within the discovery area in a newspaper of general circulation in the county or counties where the discovery is located. The Division will provide written notice to any person or organization which has requested in writing of the Division that such notices be provided to it directly. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0555 Contents of Notice The notice will specify the time and place of bid opening, the manner in which bids shall be submitted, a description of the mineral rights in each bidding unit, and the terms and conditions of the lease, including royalty and rental rates. The notice will also state that a proposed development and operations plan and an environmental analysis of development and production alternatives will be required before a lease can be issued. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0560 Bidding Requirements Each bidder shall submit with his bid an application to lease mineral rights, the filing fee required by OAR 141-071-0420, and a certified or cashier’s check, bank draft, or money order in the amount of one-half of the amount of the applicant’s bonus bid. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0565 Opening of Bids and Award of Leases The following procedures will be employed in opening bids and awarding leases: (1) All bids received within the deadline stated in the notice shall be opened and announced at the place, date, and hour specified in the notice. No bids will be accepted or rejected at that time. (2) The Division shall have the right to reject any and all bids submitted. Incomplete and non-conforming bids shall be rejected and the bonus bid deposits thereon returned. (3) Within 30 days of the bid opening, or such longer periods as may be specified in the notice of bids, the Director shall award a lease for each bidding unit to the qualified applicant who is highest bidder. If the Director does not award a lease within the required period, all bids shall be considered rejected. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0570 Oral Bidding Procedure Oral bidders will be required to conform to specific directions published in the bidding notice. Within 30 days of the oral bidding, or such longer periods as may be specified in the notice of bidding, the Director shall award a lease for each bidding unit to the qualified applicant who is highest bidder. If the Director does not award a lease within the required period, all bids will be considered rejected. OAR 141-071-0575. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0575 Lease Execution If a lease is awarded, a form of lease shall be sent to the successful bidder, who must execute it within 30 days of receipt, pay the first year’s rental, and pay the balance of (his) bonus bid. Within 120 days, and prior to commencing the operations under the lease, the lessee shall file the corporate surety bond required by the Division, file evidence of required insurance, and file completed agreements for environmental protection and surface management. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0580 Forfeiture of Competitive Bid Leases If a successful bidder fails to execute the lease or otherwise fails to comply with these rules, his deposit will be forfeited and the bidding unit will be reoffered for competitive leasing. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0585 Restoration of Bidding Units If no bids are received on a bidding unit, the Division, at its discretion, may offer the lands and mineral rights for non-competitive leasing. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0590 Mineral Lease Form Generally, the Division of State Lands mining lease form (OAR 141-071-0690) as adopted and currently in use will be issued upon approval of a lease application. Modifications and additions of lease terms deemed necessary by the Division shall thereafter be included in each lease issued for the same parcel. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0595 Term of Lease; Renewal (1) Mineral leases shall have a primary term of ten years, commencing with the date of execution. (2) If royalties from minerals produced during any year of the primary term or a succeeding ten-year term equal or exceed twice the annual rental due under the lease, the lessee may renew for successive ten-year periods up to a maximum of 50 years. (3) In no event shall a lease continue beyond the period of 50 years from the date of execution, except that the lessee shall have a right of first refusal in the event that the Division decides to continue leasing the premises. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0600 Rental Rate Rentals at the rate of $1 per acre per year shall be due and payable in advance on or before the annual anniversary of the effective date of the lease. Rentals paid each year will be deducted from royalties due accruing during the rental year. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0605 Development Requirement The operations contemplated in each lease shall be carried on with due diligence and in a workmanlike manner. Lessees will conduct such examinations, explorations, testing, and samplings as may, in competent judgment, be necessary to determine the extent, quality, feasibility, and economic potential of the mineral resource in, upon, and under the leased premises, together with such other studies as may be necessary for it to reach a determination as to development methods, preparations, equipment, and mining of the leased premises. The lessee shall expend for approved development work within the times and in the amounts as follows: (1) According to the total number of acres covered by advance rental payment each year under this lease, prior to the end of the first year of each mineral lease — an amount equal to the total number of acres leased in each lease multiplied by $1; and (2) Prior to the end of second year of each mineral lease — an additional amount equal to the total number of acres in possession under each lease at the beginning of the second year multiplied by $2; and (3) Prior to the end of each subsequent year of each mineral lease — an additional amount annually equal to the total number of acres in possession under each lease at the year’s beginning multiplied by $3. (4) Development work or improvements, to be acceptable, must contribute directly to the mining or mineral potential of the property. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0610 Royalties All valuable minerals and specific materials removed by any person from lands or mineral rights subject to ORS 273.780 shall be subject to payment of royalties to the Division of State Lands in accordance with these rules, except that any person may remove minerals, sand and gravel, or rock materials in quantities not exceeding ten yards per year without payment of royalties. Royalties rates shall be charged upon the gross value of the minerals removed from the lease premises and sold or otherwise utilized by the lessee during each month of the lease, as follows: (1) For metallics and uranium — 5 percent. (2) For non-metallics except those covered by OAR 141-014-0300 through 141-014-0370 et seq., sand, gravel, and rock — A rate per ton to be determined by the Director to be fair and reasonable under the particular lease to be issued. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0615 Measurement The lessee shall accurately measure or gauge the quantity and quality of all production in accordance with the standard practices, procedures and specifications used in the industry. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0620 Basis of Value The value of minerals or specified materials shall be determined by the gross market value at the mine mouth. In the event that minerals are not sold in raw form but are furnished to a plant owned or controlled by the lessee, the gross market value may be determined by an appraisal of values for minerals of like quality and quantity. Should the Division believe that any charges imposed and deducted are excessive or that the price received by lessee is unreasonable, lessee shall, upon 30 days written notice, produce evidence that the charges or price or both comply with the above requirements. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0625 Commingling All production shall be maintained segregated until an approved system of measurement has accounted for the quantity and quality of the leased minerals. Approval may be obtained to commingle production upon proof that royalty payable to the state shall not be diminished. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0630 Assignment (1) A mineral lease shall not be assigned, in total or in part, without written approval of the Director. (2) Each request for total or partial assignment of lease must be accompanied by the following: (a) A completed “Assignment of Lease” form (available from the Division); (b) A fee in the amount of $50 payable by check; (c) If a corporation, written verification that the assignee is registered to conduct business in Oregon. Registration must be through the Corporation Division, Secretary of State’s Office, Salem, OR 97310. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 1-1981, f. & ef. 6-19-81 LB 44, f. & ef. 8-16-77
141-071-0635 Surface Management In all leases where the state has no interest in the surface estate, the lease shall contain the following provision for protection of the surface owner: Unless waived in writing, the lessee shall annually pay to the surface owner a sum equal to the amount of damages sustained by the surface owner for loss caused by mining activity. The amount of damages may be determined by any formula mutually agreeable between the surface owner and the lessee. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0640 Reclamation It shall be a continuing obligation of the lessee to pay the cost of the surface reclamation necessitated by that lessee’s mining operation. This obligation as to state-owned land or mineral rights shall not be limited by the bond limitation required under ORS 517.810. If a lessee fails to begin reclamation of the leased premises as scheduled in the plan required under OAR 141-071-0520 or within one year after termination of the mining operation, the Division may conduct such reclamation operations as it finds necessary and levy the costs thereof as a charge upon the lessee. Such action shall not preclude any other action at law by the state. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0645 Relinquishment (1) A mining lease, or any portion of the mineral rights covered by such lease, may be relinquished by the lessee by filing a written statement with the Division which: (a) Describes the mineral rights to be relinquished by legal subdivision or survey; (b) States that the land surface above the mineral rights have not been disturbed, drilled, mined or otherwise affected, or if disturbed or otherwise affected, describing the manner in which such lands were restored to their original condition; (c) States that all monies due and payable to workmen employed by the lessee on the leased premises have been paid; (d) Is accompanied by a release from the State Department of Geology and Mineral Industries of Mined Land Reclamation Act permit. (2) A relinquishment shall take effect upon approval by the Division, subject to the continuing obligation of the lessee and the lessee’s surety to pay all accrued rentals, royalties and taxes, if any, and to comply with all conditions of the lease and of these rules related to the restoration of the leased premises. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77
141-071-0650 Investigation of Leased Premises The Division may conduct scheduled and unscheduled inspections of operations conducted by the lessee under a mining lease. Upon receipt of a complaint related to the conduct by the lessee of its mineral resource exploration, development, or production, the Division or any governmental official appointed to the task by it may make an investigation and collect facts and opinions. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 44, f. & ef. 8-16-77