justicedao/ipfs_state_laws huggingface dataset:
141-005-0040 Executive Sessions An executive session of the board may be held during a regular, special, or emergency meeting when authorized under ORS 192.660, after identifying the specific authorization for holding the executive session. When an executive session only is to be held as a regular, special or emergency meeting, notice shall be given to the members of the board, interested persons, wire services, newspapers, radio and television stations as appropriate for a special, emergency, or regular meeting. The notice shall state the specific provision of law authorizing the executive session. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.035 History: LB 2-1987, f. & ef. 5-6-87
141-005-0050 Authority to Change or Cancel a Meeting or to Call a Special or Emergency Meeting The Director of the Department of State Lands, acting under the direction of the Governor, in the case of a special meeting, or a majority of the members of the State Land Board, may cancel a meeting of the board, call a special or emergency meeting of the board, or make changes in the time or place of regular meetings of the board, as provided in these rules. Statutory/Other Authority: ORS 192 & 273.035(1) Statutes/Other Implemented: ORS 273.035 History: LB 1-1990, f. & cert. ef. 3-19-90 LB 2-1987, f. & ef. 5-6-87, Renumbered from 141-010-0120 LB 11, f. 10-12-73, ef. 11-11-73
141-005-0060 Responsibility for Notices The Director of the Department of State Lands shall be responsible for the giving of all notices required by these rules. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.035 History: LB 2-1987, f. & ef. 5-6-87, Renumbered from 141-010-0125 LB 11, f. 10-12-73, ef. 11-11-73
141-010-0005 Definitions “Board” means the State Land Board. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 6, f. & ef. 9-17-64
141-010-0010 Sealed Bids Required The leasing of offshore tracts for the production of oil, gas, and sulphur shall be by sealed bids. Bids shall be submitted on forms supplied by the Board, or image copies thereof. To be considered, bids shall be received at the Department of State Lands, 775 Summer St. NE, Ste. 100, Salem, OR 97301-1279, before the time designated in the public notice of the offer to lease. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 6, f. & ef. 9-17-64
141-010-0015 Lease Map Reference to the tract number as designated on the official lease map adopted by the Board on January 3, 1964, and any subsequent revisions shall constitute sufficient description for bidding and leasing purposes. The successful bidder will assume full responsibility for any location surveys to determine precise boundaries of the tracts offered for lease. Copies of the official lease map may be inspected at the Board office or may be purchased for $15 per copy. No bid for less than a full tract, as delineated on the official lease map, will be considered. For the purposes of computing the annual rental of each leased tract, the acreage shown on the official lease map shall be used. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 6, f. & ef. 9-17-64
141-010-0020 Bidding Procedure (1) When a bid or bids are submitted in person to the Board, name and address of the bidder and the number of tract bid on shall be designated on the envelope sealing each bid. (2) When a bid or bids are submitted by mail, each bid shall be placed in a separate sealed envelope with the name and address of the bidder and the number of the tract identified on the outside of each separate bid envelope. The bid envelope or envelopes shall then be placed into a larger envelope, addressed and forwarded to the Board with the notation on the outer envelope that it contains a sealed bid or bids. (3) Unless the tract is withdrawn from bidding, or unless the Board refuses all bids upon a particular tract, the lease shall be awarded to the bidder offering the highest cash bonus bid. In the event the highest bids are tie bids, tie bidders may file with the Board within 15 days after notification an agreement to accept the lease jointly; otherwise, all bids will be rejected. (4) No variation shall be made in the prescribed form of the bid, and the insertion of any condition, qualification, or provisions of said form will invalidate the bid. The amount of cash bonus offered shall be stated in the designated place on the bid form and a certified or cashier’s check made payable to the State of Oregon in an amount sufficient to cover the first year’s rental in advance, plus 1/5 of the amount of cash bonus offered, plus $100 fee to cover the cost of advertisement shall be enclosed with the bid. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7, f. & ef. 10-22-64 LB 6, f. & ef. 9-17-64
141-010-0025 Authorization Bids submitted by corporations or partnerships shall contain an affidavit or a certificate of authority verifying that the company official, agent, or partner signing the lease and bid offer is duly authorized to enter into such a contract for the bidder. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7, f. & ef. 10-22-64 LB 6, f. & ef. 9-17-64
141-010-0030 Financial Statement A certified financial statement establishing to the satisfaction of the Board the bidder’s financial ability to undertake and fulfill all obligations under the prospective lease must accompany the bid. The findings of the Board as to whether the bidder has the financial ability to undertake and fulfill all obligations under the prospective lease shall be final and conclusive. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7, f. & ef. 10-22-64 LB 6, f. & ef. 9-17-64
141-010-0035 Refund Checks enclosed with the bids will be returned to the bidders upon request, except in the case of the successful bidder. Such requests are to be submitted on a form supplied by the Board. The execution of a request for refund shall be determined a withdrawal of the bidder’s offer and a waiver of all rights the bidder may have in connection with or by virtue of said bid. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 6, f. & ef. 9-17-64
141-010-0040 Forms Form SLB1, 10-21-64. Bid Form; Oil, Gas and Sulphur Lease; and Form SLB2, 10-21-64, Request for Return of Deposit, copies of which are attached hereto and by this reference made a part hereof, are hereby adopted and prescribed by the State Land Board. [Publications: Publications referenced are available from the agency.] [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7, f. & ef. 10-22-64 LB 6, f. & ef. 9-17-64
141-010-0201 Authority and Purpose (1) These rules are adopted under authority of ORS 274.705–274.860 relating to exploration and development of offshore oil, gas and related sulphur resources. These rules do not apply to offshore exploration of hard minerals or to scientific research sponsored by academic institutions. (2) It is the purpose of these rules to provide a uniform procedure for issuing non-exclusive permits to survey state-owned submerged and submersible lands by geological and geophysical (including seismic) methods to determine the potential of such lands for development of oil, gas and sulphur resources. Issuance of a permit under these rules does not confer any leasing rights or preferences in or to the subject property and does not affect requirements that the permittee obtain any other applicable regulatory permits from the Department of State Lands, or other agencies. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0205 Definitions (1) “Applicant” — Person who submits an application for a permit under these rules. (2) “Aggrieved Person” — Any person who has submitted comments on an application pursuant to OAR 141-010-0230, and who objects to issuance of a permit or any terms or conditions of the permit. (3) “Board” — State Land Board. (4) “Director” — Director of the Department of State Lands. (5) “Department” — Department of State Lands. (6) “Exploration” — Geological or geophysical surveys conducted pursuant to these rules. (7) “Geological Surveys” — Use of grab samples, geochemical sampling, and similar geological techniques to obtain information and data on oil, gas or sulphur resources. (8) “Geophysical Surveys” — Use of magnetic, gravitational, seismic, and similar geophysical techniques to obtain information and data on oil, gas or sulphur resources. Seismic techniques include, but are not limited to, use of sparkers and acoustical pulse generators. For purposes of these rules, seismic does not include the use of explosives. NOTE: Under ORS 274.735 - 274.745, the director is authorized to issue permits for “geological, geophysical and seismic” surveys. As indicated in these definitions, seismic surveys are a form of geophysical surveys and are intended to be included in any reference to geophysical surveys. (9) “Nearshore” — Tidal submerged lands (see OAR 141-010-0205(12)) and all state-owned submerged and submersible lands lying west of a line ten miles easterly of the 124th Meridian, and the waters above them. (10) “Permittee” — Holder of a permit issued under these rules. (11) “Person” — A natural person, corporation, association, firm, partnership, joint stock company, quasi-public corporation, political subdivision, and governmental agencies or instrumentalities. (12) “Tidal Submerged Lands” — Lands lying below the line of Mean Low Tide in the beds of all tidal waters within the boundaries of this state as heretofore or hereafter established. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0210 Permit Requirement and Jurisdiction (1) A permit is required to conduct any geological or geophysical survey on lands subject to these rules. Lands subject to these rules include tidal submerged lands and all state-owned submerged and submersible lands lying west of a line ten miles easterly of the 124th Meridian (see ORS 274.710). (2) No permit shall be issued under these rules for surveys using dynamite, TNT, or other forms of explosives. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0215 Permit Regions (1) For purposes of these rules, the lands subject to permits are divided into five regions, as described below: (a) Region I: from the Oregon-California Border to Cape Blanco; (b) Region II: from Cape Blanco to Cape Perpetua; (c) Region III: from Cape Perpetua to Cape Falcon; (d) Region IV: from Cape Falcon to the Oregon-Washington border; (e) Region V: the Columbia River from its mouth to a line 10 miles east of the 124th Meridian. (2) If survey activities are proposed by a single applicant for more than one Region, separate applications and fees must be submitted for each Region. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0220 Permit Application A permit application shall be submitted on a form provided by the Department and shall include the following: (1) The name and address of the applicant; (2) The name and registration number of the vessel(s) to be used in conducting the proposed survey if known at the time of application (if the particular vessel is not known at the time of application, the applicant shall provide the name of the vessel at or before the time notice is given under OAR 141-010-0250); (3) Identification of the region and specific site(s) proposed for survey (if specific survey sites are unknown at the time of application, such information shall be provided at or before the time notice is given under OAR 141-010-0250); (4) If the area is subject to a current oil and gas, or other submerged/submersible land lease, evidence of written notice to the lessee of the permit application; (5) A description of the type of survey to be conducted, including the techniques to be used; (6) An application fee of $500; (7) Any other information specified by the director. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0235 Land Use Review (1) Before taking action on any permit application, the director shall determine whether the proposed activity affects land use and if so, complies with applicable provisions of the Oregon Statewide Planning Goals adopted by the Land Conservation and Development Commission. Of particular concern are Statewide Planning Goal 16, relating to estuaries, and Goal 19, relating to ocean resources: (a) The director shall determine that a proposed activity affects land use, and is therefore subject to applicable Statewide Planning Goals, when the activity is reasonably likely to have a significant impact on uses of the nearshore for fishing, navigation, recreation or aesthetic purposes, or on long-term protection of renewable resources; (b) In determining whether a proposed activity affects land use, the director shall consider: (A) Duration or frequency of the activity; (B) Extent of impacts; (C) Intensity of impacts; (D) Timing or scheduling of the activity; (E) Location in relation to sensitive resources; (F) Potential for conflicts with other uses. (2) If the director finds a proposed activity affecting land use does not comply with any applicable goal provision, the director shall deny the permit or impose appropriate conditions to assure goal compliance. (3) In developing such findings or conditions, the director may rely on the written findings of other affected state agencies, such as the Department of Fish and Wildlife, the Department of Geology and Mineral Industries, and the Department of Land Conservation and Development. (4) In responding to the inventory requirements of Statewide Planning Goals 16 and 19, the director may rely on existing available data and studies. Survey results obtained by the director pursuant to OAR 141-010-0270 shall be used to expand and update the inventories. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0240 Term The permit period shall not exceed two years. If circumstances have not materially changed, the permit may be renewed for like periods upon application to the Department and upon showing due compliance with the original permit and applicable laws and regulations. Renewal applications shall be submitted to the Department at least 90 days before the expiration of the permit. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0250 Notice (1) At least 15 days before commencing a survey, the permittee shall provide notice as follows: (a) For all surveys, written notice of the specific survey site, including tract lines (if applicable), method of operation, vessel name, and contact person on board the vessel to the Department, Department of Fish and Wildlife, Department of Geology and Mineral Industries, and any other state agencies specified in the permit. The director shall take action on the notice as provided in OAR 141-010-0260(2)(k). (b) For surveys involving towed cables or equipment, public notice by publication in a newspaper of general circulation in the survey region, and posted notice at various waterfront locations within the survey region, such as bait shops, fuel docks and the harbormaster’s office. (2) The posted and public notice shall include, but not be limited to, the following information: (a) The general area of the survey, including the survey boundaries, the date(s) on which activities will occur, and the hours of operation; (b) The methods of survey, including length, width and depth of cable and equipment in tow, if applicable; (c) The name, registration number, radio call number, monitoring channel, and name of the captain of the survey vessel; (d) The name and address of the permittee and the name and phone number of a local contact person; (e) A statement that additional information may be obtained from the permittee or the Department. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0270 Reporting (1) If requested by the director, the permittee shall submit to the Department monthly status reports during periods of active survey operations. The reports shall be in a form approved or prescribed by the Department. (2) If requested by the director, the permittee shall submit to the Department a final report of the survey activities. The final report shall contain: (a) A description of the work performed; (b) Charts, maps, or plats depicting the areas in which survey activities were conducted, specifically identifying the tract lines where surveying occurred, and including a reference sufficient to identify the data produced during each activity; (c) The dates on which survey activities were performed; (d) A narrative summary of any adverse effects of the survey activities on environment, aquatic life, cultural resources, or other uses of the area in which the activities were conducted; (e) Interpretable geological and/or geophysical data, collected pursuant to these rules and processed in the normal course of permittee’s operations, and unused core samples or splits (the director may request such data, samples or splits at any time within five years after completion of the survey); (f) Such other descriptions of the activities as may be specified by the Department, after consulting with the Department of Geology and Mineral Industries, the Department of Fish and Wildlife, and other affected state agencies. (3) Reports and samples shall be forwarded by the Department to the Department of Geology and Mineral Industries for data analysis and maintenance of records to facilitate future survey decisions or for other purposes consistent with the statutory authority of the Department. (4) Report information relating to survey impacts on aquatic life or habitat shall be forwarded to the Department of Fish and Wildlife. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0280 Confidentiality All proprietary information submitted by an applicant or permittee pursuant to these rules shall be treated as confidential trade secrets under ORS 192.500(1)(b) and shall not be disclosed to the public unless released by the permittee. Proprietary information includes, but is not limited to, the exact location of a survey and survey results. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-010-0290 Inspection, Enforcement, Cancellation of Permit (1) Upon request by the director, a permittee shall provide food and quarters for a representative of the director to observe and inspect survey activities onboard the survey vessel. (2) Upon oral or written notice to the permittee, the director, or onboard representative of the director, may suspend a permit upon a finding that: (a) There is a threat of serious damage to life (including fish and other aquatic life), property, mineral deposits, or marine, coastal or human environment; or (b) The permittee has violated any terms or conditions of the permit. (3) Such suspension shall be effective immediately upon notice. (4) Oral notice of permit suspension shall be followed by written notice confirming the action. (5) A suspension shall remain in effect until the basis for the suspension has been corrected to the satisfaction of the director or onboard representative. If such corrective action has not occurred within 30 days of the suspension, the director may permanently revoke the permit by written notice to the permittee stating the specific grounds for revocation. Within ten days of such notice, the permittee may request a contested case hearing, as provided in ORS 183.413–183.497. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 7-1986, f. & ef. 7-18-86
141-014-0200 Purpose and Applicability These rules: (1) Govern the granting of leases and licenses for the removal or use of: (a) Rock, sand, gravel and silt derived from state-owned submerged and submersible land (hereafter referred to as “material”); and (b) State-owned dredged material that has been placed on either land controlled by the Department of State Lands (hereafter referred to as “Department”) or land belonging to another person. (2) Describe when compensation is due to the Department for the removal or use of material. (3) Are in addition to other rules that may also be applicable to the removal or use of material such as Division 85 (Administrative Rules Governing the Issuance and Enforcement of Removal-Fill Authorizations Within Waters of Oregon Including Wetlands). Statutory/Other Authority: ORS 273.551, 274.525, 274.530, 274.550 & 274.560 Statutes/Other Implemented: ORS 274.525 & 274.550 History: DSL 2-2008, f. & cert. ef. 10-15-08
141-014-0230 Forms of Authorization Offered by the Department for the Removal or Use of Material (1) Two forms of authorization are available from the Department for the removal or use of material: a lease or a license. The Department will determine not only if it will issue an authorization, but also the form of that authorization. (2) The specific form of authorization offered by the Department will depend on the term and nature of the removal or use requested by the applicant. (3) A lease will be the only form of authorization available from the Department if the applicant wants an exclusive right to remove or use material from a specific area for a term not to exceed 10 years. (4) A license will be the only form of authorization available from the Department if the applicant wants a non-exclusive authorization to remove or use material for less than three years. Statutory/Other Authority: ORS 273.551, 274.525, 274.530, 274.550 & 274.560 Statutes/Other Implemented: ORS 274 .525 & 274 .550 History: DSL 2-2008, f. & cert. ef. 10-15-08
141-014-0240 Application Requirements for Removal of Material (1) Except as provided in OAR141-014-0240(4), any person wanting to remove material must: (a) Apply in writing to the Department for a lease or license using a form provided by the Department; and (b) Submit: (A) A fully completed application form providing all required information; (B) An operating plan for the removal or use of material; (C) Evidence satisfactory to the Department that the proposed removal or use is in conformance with the local comprehensive land use plan and zoning ordinances; and (D) A non-refundable application processing fee payable to the Department to cover the administrative costs of processing the application and issuing the authorization. (2) The application processing fee for a lease or license is $750; (3) Unless otherwise allowed by the Director, a fully completed application for a lease or license and other items listed in OAR 141-014-0240(1)(b) must be submitted to the Department at least 90 calendar days prior to the proposed removal of material. (4) Any person may remove up to 50 cubic yards of material (or the equivalent weight in short tons) from state-owned submerged and submersible land per calendar year for that person's own exclusive non-commercial use without payment of an application processing fee or compensation to the Department. However, no such removal is authorized unless the person: (a) Gives written notification to the Department at least 30 calendar days prior to removing the material; and (b) Obtains any other authorizations required by the Department (such as a Removal-Fill Permit) and other applicable local, state, and federal governing bodies to undertake the removal. Statutory/Other Authority: ORS 273.551, 274.525, 274.530, 274.550 & 274.560 Statutes/Other Implemented: ORS 274 .525 & 274 .550 History: DSL 2-2008, f. & cert. ef. 10-15-08