justicedao/ipfs_state_laws huggingface dataset:
141-100-0070 Appeals (1) Applicants. Any applicant whose application to the Department for a permit has been denied, or who objects to any of the permit conditions imposed by the Director, may, within 21 calendar days of the denial of the permit or the imposition of any condition, request a hearing from the Director. The hearing will be conducted as a contested case hearing in accordance with ORS 196.825(6). (2) Aggrieved or Adversely Affected Persons. Any person, excluding permit applicants, aggrieved or adversely affected by issuance or denial of a permit by the Director may file a written request for hearing within 21 calendar days after the date the permit was granted in the manner provided by ORS 196.835. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06 DSL 3-1998, f. & cert. ef. 4-22-98 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0080 Enforcement The Director is authorized to take civil, criminal and administrative action to enforce the requirements of this Division using the authorities provided by the Removal-Fill Law according to ORS 196.860 through 196.990 and OAR 141-085. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 2-2006, f. 3-21-06, cert. ef. 3-27-06 DSL 3-1998, f. & cert. ef. 4-22-98 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-100-0090 Appeals of Enforcement Orders Any person aggrieved by a proposed enforcement order of the Director for a removal-fill violation in a State Scenic Waterway may request a contested case hearing within 20 calendar days of the date of personal service or mailing of the notice of order. However, requesting a contested case hearing on a Cease and Desist Order must be made within 10 calendar days of the date of personal service or mailing of the notice of order. Hearing procedures are the same as for other Removal-Fill Law violations as provided in OAR 141-085. Statutory/Other Authority: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.600 - 196.692, 196.795 - 196.990 & 390.805 - 390.925 History: DSL 4-2011, f. & cert. ef. 3-1-11 DSL 3-2009, f. 2-13-09, cert. ef. 3-1-09 DSL 3-1998, f. & cert. ef. 4-22-98 LB 3-1994, f. 5-11-94, cert. ef. 5-15-94
141-102-0000 Purpose Pursuant to ORS 196.810(1)(b), these rules: (1) Further define "essential indigenous anadromous salmonid habitat (ESH)"; (2) Designate ESH in consultation with the Oregon Department of Fish and Wildlife (ODFW) and in consultation with other affected parties; (3) Establish the process to amend ESH designations as new information becomes available; (4) Develop and implement a process for responding to requests to review the accuracy of an ESH designation and mapping; and (5) Require an authorization from the Department for activities involving the fill or removal of any amount of material in ESH unless the activity is exempt. Statutory/Other Authority: ORS 196.810 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 1-2021, amend filed 04/28/2021, effective 05/14/2021 DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 4-2001, f. & cert. ef. 4-18-01 DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99 LB 4-1995, f. 12-13-95, cert. ef. 1-1-96
141-102-0010 Policy (1) It is the policy of the State of Oregon to protect ESH. (2) To achieve this policy, the Department shall: (a) Consult with ODFW concerning the status of Oregon's indigenous anadromous salmonid species. (b) Identify ESH in consultation with ODFW and other affected parties. (c) Provide for public comment. Recognize the high level of public interest in ESH by providing opportunities for public review and comment when there are proposed changes to ESH designations. (d) Provide opportunities for Tribal consultation and engagement to all federally recognized Tribes in Oregon, recognizing the varied interests and unique connections Tribes have with salmonids and their habitat. (e) Promote awareness of ESH. Raising awareness is the best way to protect ESH. Coordinate with other natural resource agencies to promote awareness of ESH and ESH updates. (f) Review all projects proposed in ESH pursuant to the standards set forth in the state's Removal-Fill Law (ORS 196.600 to 196.990) and rules (OAR 141-085). Statutory/Other Authority: ORS 196.810 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 1-2021, amend filed 04/28/2021, effective 05/14/2021 DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 4-2001, f. & cert. ef. 4-18-01 DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99 LB 4-1995, f. 12-13-95, cert. ef. 1-1-96
141-102-0020 Definitions (1) "Essential" means those portions of a stream reach that fill all or part of the basic or indispensable spawning or rearing needs of indigenous anadromous salmonids and are those areas necessary to prevent the depletion of indigenous anadromous salmonids. Such areas include "spawning habitat” and “rearing habitat" as defined below under sections (3) and (4) of this rule. (2) "Indigenous anadromous salmonid" means chum, sockeye, Chinook and Coho Salmon, and steelhead and cutthroat trout, that are members of the family of Salmonidae and are listed as sensitive, threatened or endangered by a state or federal authority. (3) "Spawning Habitat” includes areas where eggs are deposited and fertilized. For some species, including salmonids, this also includes areas where gravel emergence occurs and where at least some juvenile development occurs. (4) "Rearing Habitat" includes areas outside primary spawning habitats where juvenile fish take up residence during some stage of juvenile development and use the area for feeding, shelter, and growth. Some migration also occurs as juvenile and adult fish move between the ocean and spawning grounds. (5) “Tribal Consultation” means direct, meaningful government to government communication between the Department and members of the federally recognized Tribes in Oregon, with the purpose of receiving input. Statutory/Other Authority: ORS 196.810 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 1-2021, amend filed 04/28/2021, effective 05/14/2021 DSL 1-2015, f. 2-10-15, cert. ef. 3-1-15 DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 4-2001, f. & cert. ef. 4-18-01 DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99 LB 4-1995, f. 12-13-95, cert. ef. 1-1-96
141-102-0030 Designation of Essential Salmon Habitat (ESH) (1) Areas eligible for designation as ESH include the waters of this state as described in OAR 141-085, including streams and any adjacent off-channel rearing or high-flow refugia habitat with a permanent or seasonal surface water connection to the stream. (2) The streams and stream segments designated as ESH are shown in the 2021 Essential Salmonid Habitat Map. The Department may modify ESH designations based on the best available information following the process in OAR 141-102-0040. (3) The Department will make detailed maps of designated ESH available on the Department’s website; physical maps will be made available upon request, at cost. (4) The Department will notify and provide the opportunity for Tribal consultation to federally recognized Tribes in Oregon and conduct outreach with the affected public to promote awareness of ESH and ESH updates. Statutory/Other Authority: ORS 196.810 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 1-2021, amend filed 04/28/2021, effective 05/14/2021 DSL 1-2015, f. 2-10-15, cert. ef. 3-1-15 DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10 DSL 6-2007, f. 12-13-07, cert. ef. 1-1-08 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 4-2001, f. & cert. ef. 4-18-01 DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99 LB 4-1995, f. 12-13-95, cert. ef. 1-1-96
141-102-0040 Revisions to ESH Revisions to ESH designations shall be made in accordance with the current ODFW Stewardship Plan for the Oregon Fish Habitat Distribution Database and the following procedure: (1) Requests to change an ESH designation and mapping may be submitted to the Department at any time. The Department will submit requests to ODFW for consideration. (2) Additions, modifications, and deletions to ESH accepted by ODFW may be adopted by the Department during the next annual update process, subject to input from interested parties received in accordance with section (5), and based on the best available information. (3) Corrections in data entry and map alignment accepted by ODFW may be adopted by the Department outside of the annual update process. Adopted changes are considered effective but may not be reflected on ESH maps until the next annual map update. (4) The Department will consult annually with ODFW on the accuracy of the ESH designations since the last update. (a) If advised by ODFW that new or higher quality data is not available, ESH designations will not change for that year. (b) When advised by ODFW that new or higher quality data is available, the Department shall adopt the revised ESH designations, subject to input from interested parties received in accordance with section (5), and based on the best available information. (5) The Department will provide opportunity for input from interested parties on proposed annual changes to ESH designations as provided in accordance with section (2) of this rule before adopting a revised map. (a) The Department will notify federally recognized Tribes within Oregon about revisions to ESH, and provide an opportunity for Tribal consultation at least 60 days before annual changes are adopted. (b) Revisions to ESH must be available for public review and comment for a minimum of 30 calendar days. The Department may extend the comment period at its discretion. (c) Recommendations and comments regarding revisions to ESH designations must be submitted in writing to the Department, either electronically or by mail. (6) If annual changes occur, final designations and an updated map will be adopted no later than February 1 of each year. Statutory/Other Authority: ORS 196.810 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 1-2021, amend filed 04/28/2021, effective 05/14/2021 DSL 1-2010, f. 3-15-10, cert. ef. 4-1-10 DSL 1-2004, f. & cert. ef. 5-21-04 DSL 4-2001, f. & cert. ef. 4-18-01 DSL 8-1999, f. 3-9-99, cert. ef. 5-1-99 LB 4-1995, f. 12-13-95, cert. ef. 1-1-96
141-110-0000 Applicability (1) These rules: (a) Apply to the management of state land for the grazing of livestock; and (b) Establish a process for authorizing grazing of livestock through the granting of leases and trailing permits. (2) These rules do not apply to: (a) The granting of proprietary authorizations for other, non-grazing-related rangeland such as wind farms, quarries, power lines, or roads that are specifically governed by other Department administrative rules; or (b) Existing valid leases granted prior to the adoption of these rules. Statutory/Other Authority: ORS 274.045, 273.051 & 273.805 - 273.825 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0010 Policies The following policies will guide the Department in managing state land for grazing including those lands referred to as Common School Grazing Lands for livestock use under these rules: (1) All Trust Land will be managed in accordance with the need to maximize long-term financial benefit to the Common School Fund. (2) All Trust and Non-Trust Land will be managed with the objective of obtaining the greatest benefit for the people of this state consistent with the conservation of this resource under sound techniques of land management. (3) The Department will honor the terms and conditions of any existing valid forage lease including any that entitle the lessee to compensation or renewal. (4) The Department will manage state lands used for livestock grazing to prevent human-induced loss of ecosystem health. Toward this end, the Department will assist in implementing leasehold improvements and practices that maintain, achieve or restore healthy, properly functioning ecosystems and maintain, restore, or enhance water quality. (5) The Department will, to the best of its ability, monitor and assess ecosystem health. The Department may use assessments and routine monitoring as the basis for management decisions. (6) The Department may authorize other, non-forage-related uses for a leasehold, even if the leasehold is already subject to a forage lease, pursuant to these regulations and the terms and provisions of the forage lease. (7) The Department will manage all lands leased for livestock grazing or permitted for livestock trailing in accordance with the applicable land classification as guided by the AMP and any applicable SAMP or LMP. (8) The Department may, at its discretion, deny a lease application or lease renewal to use state-owned land if the applicant’s financial status or past business or management practices indicate that they may not: (a) Be able to fully meet the terms and conditions of a lease or other form of authorization offered by the Department; or (b) Use the land applied for in a way that is consistent with the policies of OAR 141-110-0010, listed above. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0035 Application Requirements (1) All persons applying to lease rangeland forage, or renew an expiring lease having a renewal provision must: (a) Apply to the Department using a form provided by the Department. One application form shall be submitted for each leasehold for which a lease is requested; (b) Submit a non-refundable application fee for each application as provided in OAR 141-110-0045 (c) Provide copies of the relevant corporate or partnership organizing documents; and (d) Provide documentation of brand certification. (2) The Department reserves the right to deny an application if the Department determines that issuance or renewal of a lease is contrary to local, state, or federal law, or to these rules; or is inconsistent with the fiduciary responsibilities of the Department; or will not result in the greatest public benefit consistent with the conservation of the resource under sound techniques of land management; or if the land is reclassified to a land classification other than rangeland. Statutory/Other Authority: ORS 273.045 & ORS 273.051 Statutes/Other Implemented: ORS 273.805, ORS 273.815 & ORS 273.825 History: Renumbered from 141-110-0050, DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0040 Leasing Process for Vacant Rangelands (1) Upon receipt of a fully completed application, the Department will determine in a timely manner if the applicant is eligible to lease, and if the requested state land is available for a forage lease. (2) If the Department determines that: (a) The applicant is ineligible to enter into a forage lease, the Department will notify the applicant in writing and state the reason for the ineligibility determination. (b) The requested state land is not available for a forage lease, the Department will notify the applicant in writing and state the reason the state land is not available. (3) If the applicant is eligible and the requested state land is available for a lease, the Department will issue a Notice of Leasehold Availability to solicit applications from interested persons. This notice will be published not less than once each week for two successive weeks in a newspaper of general circulation in the area in which the leasehold is located, and sent to adjacent property owners and to persons who request such notices including the original applicant. (4) The Department will review and evaluate the applications received in response to the Notice of Leasehold Availability. This evaluation will determine which applicants, if any, are qualified to obtain a forage lease. (5) If more than one application for a lease is received from qualified applicants, selection of the applicant to be awarded the lease will be determined by: (a) Ownership or control of adjacent or intermingled land which will best enhance, or facilitate proper management of the leasehold parcel; (b) Willingness of the applicant to execute the terms of the applicable LMP or SAMP or enter into cooperative agreements for needed maintenance and desired construction of new improvements to enhance overall management of the leasehold parcel; and (c) Any additional factors the Department decides are pertinent in the selection process to a particular forage leasehold parcel including, but not limited to, any bonus bid offered by an applicant. (6) Preference to obtain a new lease will be given to applicants who are current lessees in good standing with their existing lease and landowners engaged in the livestock business that seek to use state land for the grazing of livestock. For the purposes of this section, “landowner” means an individual or legal entity that is the owner of the land, or water rights necessary to permit the proper use of the leased Common School Grazing Lands in combination with the landowner’s privately-owned or controlled land or water. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0045 Application Fees (1) Each application for a forage lease (including renewals) must be accompanied by a non-refundable fee payable to the Department in the amount of $250. (2) An application for the Department’s approval of a sublease or assignment of a forage lease must be accompanied by a non-refundable application fee of $250 payable to the Department. (3) An application for a livestock-trailing permit must be accompanied by a non-refundable application fee of $50. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09
141-110-0060 General Lease Terms and Conditions (1) A forage lease grants a lessee the right to use a leasehold for livestock grazing purposes in accordance with the lease terms and conditions; applicable local, state and federal laws; an approved LMP or SAMP, if applicable; and these rules. (2) The Department or its authorized representative(s) may enter upon any leasehold at any reasonable time to make any necessary examinations or investigations, or to conduct noxious weed or pest abatement, or for wildfire control. (3) Each forage lessee must maintain and make available to the Department upon request all records and accounts related to the leasehold. These records shall accurately reflect the period of time each leasehold was used. (4) A forage lessee shall obtain prior written authorization from the Department before using, placing, or storing, or allowing another person to use, place or store any hazardous, waste or other material on the leasehold. Additionally, a forage lessee, when authorized by the Department to use a pesticide, chemical or insecticide must only do so in strict compliance with all laws and manufacturer's instructions and shall take all necessary precautions to protect the leasehold and its soil and vegetation. The lessee shall keep and maintain accurate and complete records of the amount of such materials stored or used on the leasehold and shall immediately notify the Department of any potential risk to the leasehold. (5) The lessee must cooperate and comply with: (a) Appropriate county agencies and the Oregon Department of Agriculture in the detection, prevention and control of noxious weeds; (b) The Oregon Department of Agriculture and the Department in the management of plant pests and diseases; and (c) The Department and other agencies in the detection, prevention and control of wildfires on a leasehold. (6) State lands leased for grazing purposes must be open and available to the public for recreational uses unless closed by the state to public entry pursuant to applicable Oregon Administrative Rules. A lessee may request that the state close all or portions of the state land to public entry or restrict their recreational uses by the public in order to protect crops, other land cover, improvements on the land, livestock, the lessee or the general public. Public use must be compatible with the lease purpose and shall not interfere with lessee operations. Statutory/Other Authority: ORS 273.045 & 273.051 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 8-1996, f. & cert. ef. 12-13-96 LB 3-1995, f. & cert. ef. 10-13-95 LB 4-1994, f. & cert. ef. 8-2-94
141-110-0080 Compensation (1) The annual compensation for livestock forage is the greatest of: (a) $250; (b) $4.25 per AUM; or (c) The carrying capacity of the leasehold in AUMs multiplied by the annual AUM rate (expressed in dollars per AUM). The Department will establish the carrying capacity for each leasehold, which will be periodically reviewed. For those leaseholds that have highly variable annual forage production, their carrying capacity may be determined based on reliable actual grazing use records for a given year. As a result, the annual rental rate may vary from year to year for such leaseholds. (2) Each year the Department will calculate the annual AUM compensation rate using the following formula: AUM Compensation Rate = G x CC x S x P G = Animal gain per month CC = Marketable calf crop S = State share P = Average weighted calf price (3) For the purpose of determining the base AUM compensation rate, the following formula factors shall be used: (a) Pounds of gain per animal unit month (G) shall be fixed at 30 pounds through 2009, increasing on January 1, 2010 to 35 pounds. (b) Marketable calf crop (CC) shall be fixed at 80 percent. (c) State share of calf gain (S) shall be fixed at 20 percent through 2010, increasing on January 1, 2011 to 22.5 percent, then increasing on January 1, 2012 to 25 percent. (d) Average weighted calf price (P) shall be based on 90% of the USDA National price data indicating the average sales price of calves for the preceding one year period based on an October through September year. (4) The compensation due to the Department for a livestock trailing permit will be based on the total number of animals crossing the state land in a single “round trip” per year as follows: (a) For 500 animal units or less the required compensation is $150; (b) For 501 to 999 animal units the required compensation is $250; and (c) For 1,000 or more animal units the required compensation is $350. (5) In addition to any other remedies available, the Department will impose the legal rate of interest and any applicable late fees on unpaid balances owed the Department pursuant to ORS 82.010. (6) Unless otherwise authorized by the Department, annual compensation due must be paid to the Department each year within 30 calendar days of the date of the Department’s billing notice. Statutory/Other Authority: ORS 274.045, 273.051 & 273.805 - 273.825 Statutes/Other Implemented: ORS 273.805, 273.815 & 273.825 History: DSL 5-2011, f. & cert. ef. 12-13-11 DSL 7-2009, f. & cert. ef. 10-20-09 DSL 1-1999, f. & cert. ef. 3-2-99 LB 4-1994, f. & cert. ef. 8-2-94