justicedao/ipfs_state_laws huggingface dataset:
141-068-0080 Land Sale Approval Process (1) An applicant and the Department may enter into a negotiated sale at any time. A negotiated sale shall include: (a) An appraisal or appraisal report must be completed on the land if the initial evaluation determines the value to be over $100,000. If the initial Department evaluation determines the property to be under $100,000 in value, the RMV is used to establish the value; and (b) A schedule of the costs to be borne by the applicant and those administrative costs to be reimbursed to the Department by the applicant. (2) A negotiated sale may include factors including, but not limited to: (a) The relative strength of the state’s ownership claim; (b) Access or lack of access; (c) The potential loss of public interest values by extinguishing the State’s interest in the property; (d) An evaluation of any existing authorizations or property rights either on, or adjacent to the land; and (e) Any requirement to impose deed restrictions or issue easements in order to protect public interest values. (3) The Department may participate in a negotiated sale for: (a) A parcel determined to be of “high value” as described in OAR 141-068-0070(11); or (b) Upon public review and findings, the Department determines that there are “moderate” to “high” public interests in the lands. (4) All negotiated sales shall go to the State Land Board for final approval. (5) The Department shall provide the following sale options for historically filled lands determined to have “low” public interest values, and to be of “low value” to “moderate value”: (a) The Department shall offer to provide a conveyance that clears title to the lands as allowed under these rules. (b) No compensation is required for the issuance of a conveyance that clears title for a parcel that is determined to be of “low value” as described in OAR 141-068-0070(9). (c) The Department shall offer to issue a conveyance that clears title for compensation at 50% of real market value of the State’s interest in the property for a parcel that is determined to be of “moderate value” as described in OAR 141-068-0070(10). (d) A conveyance issued under OAR 141-068-0080(5)(b) may be carried out by the Director and does not require further approval from the State Land Board. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 3-2017, f. & cert. ef. 2-9-17 DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0090 Land Sale Conditions (1) The Department will offer the type of deed (for example: quitclaim deed or bargain and sale deed) it deems to be the most legally defensible and best represents the known rights and interests held by the State in the land or interest in land being conveyed in the transaction. (2) The Department may enter into a land sale contract that allows the applicant to make annual installment payments over no more than five years when purchasing the property. (3) The Department and an applicant may agree to enter into a land sale contract where payment to the Department is made through a lien against the property if: (a) The applicant is over the age of 65; or (b) The applicant has a level of income that is less than 80% of the median income in the county where the property is located. (4) Any land sale contract negotiated under OAR 141-068-0090(2) or (3) shall include an interest rate as defined in ORS 82.010, set at the time of the agreement. (5) As part of a negotiated sale, the Department may request additional requirements or conditions on the issuance of a deed, including but not limited to indemnification of and waiver of claims against the Department and State of Oregon. (6) An offer by the Department to enter into a land sale or exchange is valid for 12 months. If the transaction is not completed within 12 months, the Department may: (a) Revoke the offer and require a new application and fee in order to continue; or (b) The Director may extend the deadline in writing to an agreed upon timeframe. (7) When the land sale or land exchange process has been completed, including the payment of the purchase price and fulfillment of the terms of the land sale or land exchange agreement, the Director will execute and deliver to the purchaser a deed in a manner and form prescribed by these rules. The Department may choose to conduct closing through an escrow agent. (8) All assignments of land sale contracts shall be executed and acknowledged in the same manner as a deed to land or real property. All requests for assignment of land sale contracts shall be in writing. Written consent of the Department is required for any assignment. The Department shall issue the deed to the assignee upon full payment of the purchase price or the remaining balance of the land sale contract. (9) The Department shall record, in the appropriate county office, any and all deeds it receives as a result of a land exchange or purchase. (10) The grantee shall record any conveyance issued by the Department it received as a result of a land exchange or purchase. A copy of the recorded document shall be submitted to the Department. (11) The Department may, where feasible and deemed to be in the best interests of the public to do so, require the grantee to issue a similar deed to the Department for the existing submerged and submersible land fronting and abutting the grantee's land on the waterway as it exists at the time of the transaction. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0100 Permission to Create New Lands (1) Pursuant to ORS 274.920, no one other than the United States, while engaged in the promotion of navigation, shall artificially create new lands by fill or deposit upon submersible or submerged lands without the approval of the owner of such lands and the owner of the adjoining or opposite upland on the same side of the body of water. (2) Any person requesting to create new lands from state-owned submerged and submersible lands shall meet with Department staff to discuss the proposed project and use before submitting an application to the Department. This meeting may be in person or through other means acceptable to the Department. The Department may invite other government entities to take part in a pre-application meeting. (3) Any person requesting to create new lands from state-owned submerged and submersible lands shall apply for permission to create the new lands. (4) The application fee for requesting to create new lands is $1,000 per application. A single application may include multiple contiguous land parcels. (5) An application to create new lands shall be circulated to affected local, state, and federal agencies; holders of valid authorizations granted by the Department in the requested area; any local port district, any local federally recognized tribes, any local watershed councils, national estuary program and soil and water districts, and other interested persons. As a part of this review, the Department will specifically request comments concerning: (a) The presence, type and location of state or federally listed threatened and endangered species (including threatened, endangered, candidate and sensitive species), and archeological and historic resources within the lands; (b) Current or historic use of the lands for fishing or recreation; (c) Existing public access to the water from lands, road, or right of way across the lands; (d) Importance of the lands to existing or future navigational needs. (6) The Department may waive the circulation requirement described in OAR 141-068-0100(5) if the action or development has been previously reviewed by the listed agencies and other interested persons, and the results are documented by the Department. (7) The Department may post a notice of an application and opportunity to comment at a local government building, public library, or other appropriate locations in order to ensure that minority and low-income communities are included and aware of a proposed action. The Department shall make paper copies of an application available to any person upon request. (8) A request to create new lands may be taken to the State Land Board for review and approval. If a request for approval is submitted to the State Land Board, then the Department shall provide findings and a recommendation for the Board’s consideration. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0110 Sale or Exchange of New Lands (1) The Department shall follow the provisions of ORS 274.925 to ORS 274.937 when offering an eligible person the right to purchase certain new lands. (2) Notwithstanding the provisions of OAR 141-068-0110(1), any person may apply to purchase or exchange new lands per OAR 141-068-0060. The application shall be processed and reviewed per OAR 141-068-0070. (3) Notwithstanding the provisions of OAR 141-068-0110(1), the sale or exchange of new lands shall be a negotiated sale subject to the provisions of OAR 141-068-0080 and OAR 141-068-0090. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0120 Reservation of New and Historically Filled Land (1) Pursuant to ORS 274.940, the Department may reserve new and historically filled lands from sale, transfer or lease where upon notice and hearing the Department determines that the public interest requires the lands to be preserved for recreation, conservation of fish and wildlife or the development of navigation facilities. But in case of such reservation, the adjoining or opposite upland or riparian owner shall be allowed reasonable access across such reserved historically filled lands to navigable water. (2) The Department shall use the comments received during public review and other findings when considering whether lands shall be reserved from sale. (3) The Department shall hold a public hearing in the affected community prior to reserving the new or historically filled lands from sale. (4) The Department will give 30 calendar days’ notice of a public hearing to adjacent land owners, lessees, interested persons, agencies and local governments by mail or e-mail, and press release. The public hearing information will also be posted on the Department’s website. (5) A determination that the public interest requires new and historically filled lands to be reserved is not a final agency order. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-068-0130 Compliance with the Department of Administrative Service (DAS) Rules for the Disposition and Acquisition of Real Property (1) Before acquiring any land by purchase or exchange or selling or exchanging any land or interests in land, the Department will notify the Department of Administrative Services Facilities Division (DAS) on an approved form. DAS will notify all state agencies and political subdivisions of the anticipated transaction. (2) The Department will seek certification of these rules (OAR 141-068) as permitted by 125-045-0210. (3) DAS approval is not required for the sale of New Land, where ORS 274.905 to 274.940 gives a person or public body a right to purchase New Lands. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 274.905-274.956 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16
141-070-0000 Purpose The purpose of these rules is to provide a uniform system for leasing onshore oil and gas rights to individuals, corporations, and public bodies to encourage exploration and extraction of the state-owned oil and gas resources. These rules are promulgated and will be administered by the Division of State Lands under the authorities of ORS 273.551 et seq. and 273.775 et seq. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0010 Definitions (1) “Anniversary Date” means the annual anniversary of the month and day specified in the first paragraph of the lease agreement. (2) “Cash Bonus” means a per-acre sum of cash offered by a bidder as consideration for the execution of an oil and gas lease. A cash bonus is neither rent nor royalty but in addition thereto. (3) “Director” means the Director of the Division of State Lands or his or her designee. (4) “Division” means the Division of State Lands. (5) “Environmental Impact Assessment” means an environmental analysis prepared by the lessee on a form provided by the Division describing how the lessee’s proposed activity will affect the natural resources including fish, wildlife, water, recreational, scenic and other resources of the leased lands; and describing the actions lessee will take to minimize these impacts. (6) “Geophysical Survey” means the investigation of subsurface geological conditions by any method, including but not limited to the following: seismic, gravity, magnetics, electric and geochemical sampling. (7) “Long Ton” means an amount equal to 2,240 pounds. (8) “Negotiated Lease” means a lease varying from the standard form of lease, negotiated for lease parcels of less than the minimum 40 acres in size, pursuant to the requirements of OAR 141-070-0050(6). (9) “Operations Plans” means the written plan of operations for oil and gas production and associated activities required by the State Department of Geology and Mineral Industries in conjunction with obtaining a drilling permit. (10) “Surface Entry” means entry upon the surface of the leased premises to drill, mine, produce, lay pipelines or otherwise disturb the surface of the property. As used herein, a surface entry permit is not required to conduct geophysical or other nondestructive survey techniques such as geological mapping of the surface. (11) “Shut in Well” means a well that is capable of producing oil and gas but production from the well has been temporarily halted. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0020 Qualification Requirements (1) To qualify for a State of Oregon geophysical permit or oil and gas lease, an applicant must be: (a) A citizen of the United States of legal age; (b) A partnership conducting business under an assumed business name or a corporation registered with the State Corporation Division; or (c) A domestic governmental body. (2) Members of the State Land Board and employees of the Division of State Lands shall not take or hold leasehold interests in state-owned oil and gas rights. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0030 Geophysical Survey Permit A geophysical survey permit is required from the Division to explore state-owned land for potential oil and gas resources. A permit may be requested in writing from the Division’s mineral leasing manager and will be issued, if approved, on a form approved by the Director. Each application for a geophysical survey permit shall be accompanied by a $50.00 processing fee: (1) The geophysical survey permit allows surface entry to explore the subsurface by techniques acceptable to the Division. (2) Permission to conduct surveys across state leased lands must be obtained from state’s lessee prior to surface entry. (3) The geophysical survey permit does not grant any rights to extract oil and gas nor grant any preference rights to an oil and gas lease. (4) The Director may require the permittee to submit a post-exploration map to the Division identifying the exact location of all tests conducted. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0040 Title Warranty The state makes no representation or warranty whatsoever with respect to its title to any lands offered for lease. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0050 General Leasing Conditions (1) The Division of State Lands may conduct an auction of oil and gas rights upon receipt of applications nominating state-owned lands. The minimum acreage required for an auction to be conducted shall be determined by the Director. The Division may also nominate state-owned lands for auction. (2) Nomination of oil and gas rights for auction shall be submitted on an application form provided by the Division pursuant to OAR 141-070-0060 below and will be considered an offer to lease and pay the minimum advance rental amounts for all lands nominated. (3) State-owned oil and gas rights may be leased by oral bid auction or sealed bid auction, at the discretion of the Director. Under special circumstances, certain oil and gas rights may be leased through negotiation without an auction. (See section (6) of this rule.) (4) All applications shall be presumed to be requests to lease state lands by the oral lease auction procedure. If the Director elects to lease the nominated lands by sealed bid procedure, all processing fees shall be refunded if applicants do not wish to participate. (5) The legal descriptions of all lands nominated for auction shall be forwarded to affected government agencies, surface rights owners and other interested parties for review and comment. This notice is given pursuant to the Land Conservation and Development Commission governmental action coordination plan. (6) The Director will determine which lands are available for auction or lease following consideration of comments received from government agencies and interested parties. Prior to holding an auction or offering parcels for lease, the Director may hold a public hearing to obtain public input on the desirability of leasing state lands for oil and gas production. The hearing will be an informational hearing only, to aid the Division in its leasing decision. (7) The Division will not auction oil and gas leases for tracts of land that contain less than 40 acres, except in the case of isolated parcels, or where the Division determines that the public interest will best be served by waiving the minimum acreage requirement. (8) A written request for a negotiated lease of less than 40 acres of state lands without an auction will be considered if the parcel is within a designated drilling unit and a drilling permit has been issued or other sufficient evidence is provided to assure that drilling for oil or gas will be accomplished within a reasonable period of time. The terms of any negotiated lease will include a royalty of not more than 3/8 and an advance rental bonus based on the lease term and parcel size. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0060 Lease Application All requests to lease state-owned oil and gas rights shall be submitted on application forms provided by the Division. (1) The completed application form must be accompanied by a $50 per parcel processing fee payable by cash or check to the Division of State lands. (2) Each application shall be deemed an offer to lease the oil and gas rights to the lands described therein, including a commitment to pay one year’s annual rental in advance for all lands nominated by the applicant if no other bids are received on the subject lands. (3) Lands included in a lease application will be described as parcels, with each parcel comprised of not less than 40 acres nor more than a platted section of approximately 640 acres except as allowed in OAR 141-070-0050(7) and (8) above. (4) There is no limitation on the total number of parcels that an applicant may nominate for auction. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0070 Rejection The Director may reject any application that is not in compliance with these rules or that is not in the public interest. If rejected, all fees shall be returned to applicant. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0080 Auction Notice When the Director determines that sufficient lands have been nominated as described in OAR 141-070-0050, an auction date will be established and details pertaining thereto will be announced to all interested parties as follows: (1) The Division will maintain a mailing list consisting of oil and gas lessees, previous bidders, parties who have requested inclusion on the list, affected state agencies, other governmental bodies and other interested parties as determined by the Division. When arrangements are finalized, a notice of auction, including date, time, place, minimum bid amount, legal description of the offered lands, and the type of auction, will be mailed to those on the above described list. (2) The Division will give at least one public notice of each auction by publication in a newspaper of general circulation in the county in which the lands are located, at least 30 days prior to the auction date. The published notice will include the date, time, place, minimum bid amount, legal description of the offered lands, and the type of auction. (3) All parties on the mailing list will be notified if the auction is cancelled or postponed. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88
141-070-0090 Auction Procedure The procedure for auctioning state oil and gas leases shall be either by sealed bid or oral bid. The selection of auction procedure shall be at the discretion of the Director based on the public interest. Bids shall include the minimum bid amounts set by the Director plus any additional per-acre cash bonus amount the applicant desires: (1) Oral Bid Procedure. The minimum starting bid amount per acre, minimum raise in bid per acre, and bidding unit parcels will be set forth in the notice of auction: (a) The highest qualified bidder shall pay one year’s advance annual rental at the close of the auction and any cash bonus bid within five working days after the close of the auction. Upon compliance with these rules and applicable statutes, the highest qualified bidder shall be awarded the lease; (b) If no bids are received at the auction, the Division may award the lease to the original nominating applicant by accepting that applicant’s offer pursuant to OAR 141-070-0060(2); (c) The Division reserves the right to reject any and all bids on any tract offered for lease. (2) Sealed Bid Procedure. The minimum acceptable bid will be established by the Director and will be announced in accordance with OAR 141-070-0080: (a) The number of acres within each bidding unit shall be established by the Director; (b) Each bidder shall submit a completed bid form provided by the Division together with a check in an amount not less than ten percent of the total bid amount per bidding unit. All bids received by the deadline stated in the auction notice shall be opened and announced at the specified place, date, and hour; (c) The Director shall award a lease to the highest qualified bidder for each bidding unit within 30 days of the bid opening. The successful bidder shall pay the balance of the cash bonus bid amount and the first year’s rental within ten working days of the date the Director notifies the successful bidder by certified mail. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: LB 3-1988, f. & cert. ef. 9-19-88