justicedao/ipfs_state_laws huggingface dataset:
141-050-0940 Instruments of Dedication (1) Private Dedication — A private individual or organization which is the owner of any registered natural area may voluntarily agree to dedicate that area as a Natural Heritage Conservation Area by executing with the Board, following review by the Council, an instrument of dedication. Instrument provisions and policies include, but are not limited to, the following: (a) An agreement that provides each element in the Natural Heritage Conservation Area with the most secure protection obtainable; (b) An unlimited period of time, or a term sufficiently long to warrant dedication protection; (c) Permission for conducting scientific research and other activities shall be commensurate with Program objectives; (d) Management policies for the site, which may include all or part of the Management of Natural Heritage Conservation Areas in OAR 141-050-0935 through 141-050-0999; (e) Termination of dedication may occur upon written notification to the Board, including specific reasons for termination, and provision by the Council of opportunity for adequate public notice and hearing. (2) The Instrument of Dedication of an area under private ownership shall be filed by the Board in the office of the clerk of the county in which any or all of the Natural Heritage Conservation Area is located, and shall be effective upon its recording. (3) A copy of the dedication and management agreement(s) shall be provided to the private owner of a Natural Heritage Conservation Area. (4) Public Agency Dedication — Any public agency may dedicate lands under the provisions of ORS 273.563 to 273.591, and the Plan, after providing the opportunity for adequate public notice and hearing by the agency. (5) The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the State Board of Higher Education and the State Land Board shall, with the advice and assistance of the Council, establish procedures for the dedication of Natural Heritage Conservation Areas on land or water, the title of which is held by the State of Oregon, and which is under that agency's management and control. The instrument(s) of dedication and management shall contain any information or provisions as the agency and Council consider necessary to complete the dedication. (6) Termination of the dedication of a Natural Heritage Conservation Area by a public agency requires: (a) Provision of opportunity for adequate public notice and hearing; (b) A finding by the agency of an imperative and unavoidable necessity due to natural disaster in the site, need of the natural resource during time of declared war, or the need of the natural resource because of extreme economic crisis of the state; (c) A finding by that agency, with the approval of the Council that the Natural Heritage Conservation Area is no longer needed according to the guidelines of the Plan, or has permanently lost its character. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82
141-050-0952 Publicity Information about a Natural Heritage Conservation Area and appropriate descriptive material may be developed and made available to interested persons. However, publicity which would tend to encourage the general public to visit a Natural Heritage Conservation Area in greater numbers than its carrying capacity shall be avoided. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0954 Reports At regular intervals the Council shall make or cause to be made for each Natural Heritage Conservation Area a record of management activities and other influences affecting each Natural Heritage Conservation Area. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0956 Instruments The instruments of dedication shall include, but not be limited to: (1) The size, location, purpose, and resources of the Natural Heritage Conservation Area; (2) A management scheme written for each Natural Heritage Conservation Area which describes: (a) The conservation objective of the area; (b) Proscribed, allowed and prohibited activities on the area; and (c) Provisions as consistent as possible with the following practices in OAR 141-050-0952 through 141-050-0996, which shall, unless otherwise noted, be a part of each management scheme. (3) Agreements between the Board and any agency necessary to establish the Natural Heritage Conservation Area. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0960 Natural Heritage Conservation Area Manager Notwithstanding the instruments of dedication, managers of a Natural Heritage Conservation Area shall not take any action or fail to take any action which is in conflict with a statute, rule regulation or policy relating to an agency having an interest in or responsibility for the Natural Heritage Conservation Area. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0962 Fire Prescribed fire may only be used as a management tool in such areas or situations where fire is needed to maintain or protect a Natural Heritage Conservation Area as an ecosystem type specified in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0964 Water Level Control Natural Heritage Conservation Areas shall be managed to maintain their natural water levels. Water levels which have previously been altered by man may be changed if provided for in the management scheme as essential for the restoration of natural conditions. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0965 Disturbance of Natural Features The management of Natural Heritage Conservation Areas shall not include the cutting or removal of vegetation or the disturbance of other natural features, except that which is essential to carry out the management scheme enumerated in these rules. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0966 Visitor Protection Guard rails, fences, steps, and bridges may be provided when essential to the safety of a reasonable alert and cautious visitor. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0967 Erosion Control Erosion and soil deposition due to disturbances of natural conditions by man within or outside a Natural Heritage Conservation Area may be controlled as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0968 Scenic or Landscape Management No measures or actions shall be taken to alter the natural growth or features of a Natural Heritage Conservation Area for the purpose of enhancing its neatness, beauty, or amenities. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0970 Control of Succession Control of succession may be undertaken only if maintenance or restoration of a particular ecosystem type or preservation of threatened or endangered species is designated in the instruments of dedication as an objective of the Natural Heritage Conservation Area. Based on scientific evidence of necessity, successional control measures may be undertaken as provided in the management scheme. Such measures shall be applied with caution and only to that part of the area as is necessary. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0972 Control of Introduced Plant Species Control of introduced plant species may be undertaken as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0974 Control of Wildlife Populations The control of wildlife populations on Natural Heritage Conservation Areas shall be by agreements between the Board and Oregon Department of Fish and Wildlife, or other agency. Insofar as practical any control measures applied shall be to correct those situations where wildlife populations are significantly affecting natural conditions on a Natural Heritage Conservation Area. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0976 Introduction and Management of Special Species The introduction into or the management of a Natural Heritage Conservation Area for special wildlife species shall be by agreement between the Board and the Oregon Department of Fish and Wildlife, Oregon Department of Agriculture or other agency as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0980 Use Tolerance The management scheme shall set forth the use tolerance or durability of all or any portion of a Natural Heritage Conservation Area and specify the steps to be taken if overuse occurs. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0982 Collecting Permits A person wishing to collect material from a site for the purposes of research, education or restoration within a Natural Heritage Conservation Area shall secure written permission from: (1) The Board; and (2) The owner of the land; and (3) The appropriate agency if any, including but not limited to the Oregon Department of Fish and Wildlife. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: DSL 9-2008, f. & cert. ef. 12-10-08 LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0990 Boundary Markers When feasible, boundaries of a Natural Heritage Conservation Area may be made clearly evident by placing markers at corners or other strategic locations or by boundary signs. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0992 Fences Fences and barriers may be installed as provided in the management scheme. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0994 Trails The location and specifications of any trails may be established in the management scheme. Trails shall be adequate to provide for permitted use of a Natural Heritage Conservation Area, but otherwise kept to a minimum. The use of paving materials, footbridges and elevated walks may be permitted when necessary. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0996 Other Structures and Improvements Signs and temporary research installations may be permitted within a Natural Heritage Conservation Area. No other structures or facilities shall be located within a Natural Heritage Conservation Area except as provided in the management scheme on these rules. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-050-0998 Amendments The Board may review and approve or disapprove any modification to the Plan submitted by the Council. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82
141-050-0999 Waiver of Rules The State Land Board may waive all or any part of these rules which would prevent the establishment, management, or protection of a Natural Heritage Conservation Area if such rule is in conflict with a statute, rule, regulation, or policy relating to an agency having an interest in or responsibility for the Natural Heritage Conservation Area. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82 LB 18, f. 7-29-74, ef. 8-25-74
141-060-0005 Purpose The purpose of these rules is to provide criteria and procedures to be used by the Oregon State Land Board and the Division of State Lands in distributing monies from the Oregon Rural Rehabilitation (ORR) Fund. The rules are to be construed in accordance with ORS 566.310 through 566.360 and with the 1975 Use Agreement between the Board and the U.S. Department of Agriculture, Farmers Home Administration Program. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0010 Definitions (1) “Fund” means the Oregon Rural Rehabilitation (ORR) Fund. (2) “Assets” means the principle of the Fund and all income, proceeds, and acquisitions derived from it. (3) “Farms” means farms or ranches located within the boundaries of this state. (4) “Farmers” means individuals who operate farms or ranches located within the boundaries of this state and who are residents of this state. (5) “Board” means the Oregon State Land Board. (6) “Division” means the Division of State Lands. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0015 Uses of the Fund As outlined in the 1975 Use Agreement between the state and the federal government, assets of the Fund may be used for one or more of the following farm-related purposes: (1) Loans to farmers made for acquisition or development of farms or for refinancing farm real estate debts; (2) Loans to farmers for farm operating expenses; (3) Loans or grants to farmers for flood prevention or restoration projects; (4) Loans or grants for farm labor housing and related facilities; (5) Loans or grants for educational expenses for farmers, members of their families, or farm laborers; and (6) Loans or grants for farming-oriented projects carried out by youth organizations including Future Farmers of America, Future Homemakers of America, and 4-H Clubs. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0020 Financial Awards (1) The Board may require retention of a minimum balance in the Fund to ensure that monies will be available for future awards. (2) Awards shall be made only in the form of loans and only to qualified applicants for approved uses of the Fund: (a) The loans shall be made from the loanable balance of the ORR Fund, from the interest income of the Fund, and from annual loan repayments; (b) The number of loans shall be determined by the Board. (3) Maximum loan amounts shall be determined by the Board prior to notifying the public of available funds. (4) The Board shall establish the maximum interest rate for each funding cycle prior to giving public notice of available funds. (5) The Board shall determine the interest rate to accompany each award based on the applicant’s financial ability to repay interest on the award. (6) The Board shall determine repayment schedules on each award based on the financial ability of the applicant to repay the award and interest imposed under section (4) of this rule. (7) The Board shall determine appropriate security for each award based on the availability and value of the security and the nature and extent of encumbrances upon such security. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0025 Needs Assessment (1) To determine effective uses of the Fund, the Division shall, upon the request of the Board, conduct an assessment of Oregon’s farm needs before each funding cycle. (2) The needs assessment shall include submission of a written questionnaire to the state’s major farm organizations and the holding of public hearings. (3) Notice for such public hearings shall be mailed to the state’s major farm organizations, individuals and other organizations who have indicated an interest in the Fund; and to major newspapers, television, and radio stations throughout the state. (4) The Division shall analyze the results of the needs assessment and recommend to the Board loan priorities for the funding cycle. (5) The Board may establish priorities or preferred uses for each funding cycle. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0030 Requests for Applications (1) At least 45 days in advance of the application deadline in any funding cycle, the Division shall issue a request for loan applications, which gives notice of the total amount of monies available for loans during the cycle, the maximum amount of individual loans, the maximum interest rate on loans and the Board’s priorities, if any, for loans. (2) The Notice shall be mailed to the state’s major farm organizations; individuals and other organizations who have asked to be notified when funds are available; and to the state’s major newspapers, television, and radio stations. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0035 Loan Applications (1) The Division shall not accept loan applications from previous recipients of awards from the Fund. (2) Loan applications shall be submitted to the Division no later than the deadline date specified in the request for applications. (3) Loan applications shall contain the following information: (a) A description of the proposed project; (b) An itemization of costs of the proposed project; (c) The expected number of project beneficiaries; (d) Letters from at least two lending institutions stating the applicant does not qualify for loans under rates and terms which the applicant can reasonably be expected to meet; (e) A list of real property owned by the applicant and a verified report of all financial encumbrances against the described property(ies); (f) A financial statement of the applicant; and (g) Any other information required under the request for loan applications and application form. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0040 Review of Applications (1) Within 30 days after the deadline for loan applications, the Division shall evaluate each application under the following criteria: (a) Compliance with application requirements and annual priorities or preferred uses approved by the Board; (b) Need for the project and solution effectiveness; (c) Number of project beneficiaries; and (d) Applicant’s financial need. (2) Results of the analysis shall be forwarded with recommendations for loan approvals to the Board at the next regularly scheduled meeting immediately following the evaluation. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-060-0045 Funds Made Available Upon approval by the Board, the Division shall issue approved loans subject to the terms and conditions described in OAR 141-060-0015, and such additional provisions as the director may require. Statutory/Other Authority: ORS 566 Statutes/Other Implemented: ORS 566.310 - 566.360 History: LB 3-1987, f. & ef. 5-6-87
141-067-0130 Purpose and Applicability These rules: (1) Establish procedures for the sale, exchange, and purchase of certain types and classifications of land and other interests including mineral and geothermal resource rights in land managed or to be managed by the State Land Board and the Department of State Lands in order to comply with all Constitutional and statutory requirements including, but not limited to: Oregon Constitution Article VIII, Section 5(2), and ORS 270, 271, 272, 273, and 274. (2) Do not pertain to the leasing of lands or the granting of easements across lands managed by the State Land Board and the Department of State Lands, which are governed by other Department administrative rules. (3) Apply to all land transactions (for example, sales, exchanges and purchases) for the South Slough National Estuarine Research Reserve as established in ORS 273.553. (4) Do not apply to: (a) The sale of submerged, submersible fronting upon the Pacific Ocean, or (b) Land sold by the Department under the administrative rules of Procedure for the Recovery of Escheat Property (OAR chapter 141 division 030) or the Administration of Estates – Probate (OAR chapter 141 division 035) (c) Contracts for the sale of timber or other forest products. (d) The sale of historically filled lands or new lands as administered through OAR 141-068. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 2-2017, f. & cert. ef. 1-12-17 DSL 2-2016, f. 5-13-16, cert. ef. 6-1-16 DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0160 Eligibility to Apply to Purchase or Exchange Land Unless otherwise indicated in these rules, any person who is at least 18 years of age and who is a citizen of the United States or who has declared an intention to become a citizen, may apply to purchase or exchange state land Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09 DSL 2-2002, f. 4-12-02, cert. ef. 7-1-02
141-067-0165 Application and Application Processing Fees (1) An application to buy or exchange land subject to these rules must be submitted on a form provided by the Department. (2) Each land sale applicant must submit with the application a correct and concise description of the land(s) involved in the requested transaction. (3) A single application may include multiple land parcels. (4) The appropriate application fee must be included with the application. (5) The application fee for all land sales or land exchanges is $750 per application. However, the Director may determine additional application fees are necessary for applications covering multiple parcels. (6) The fee for the assignment of a certificate of sale is $750. (7) The application fee for the release of mineral or geothermal resource rights to a qualified owner under OAR 141-067-0320 of these rules is $150. (8) All application processing fees are non-refundable except as noted in these rules. (9) Incomplete applications or those received from ineligible applicants will be returned. Statutory/Other Authority: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 Statutes/Other Implemented: ORS 270.005 - 270.190, 273.045, 273.245 - 273.247, 273.251 - 273.311, 273.316 - 273.321, 273.413 - 273.456, 274.040, 274.905 - 274.940 & 274.960 - 274.985 History: DSL 6-2009, f. & cert. ef. 7-1-09