reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.510 - Lake bed lands claimed by the United States.

(1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed or otherwise disposed of, or preferential right therein accrue until such claim is settled. The Department of State Lands may enter into such agreements with the federal government affecting such lands as it deems best in the interest of the public, and make such deeds and conveyances to the United States in consideration of the issuance of such patents by the United States to the State of Oregon of such lands within the meander lines of any such lakes as the department and the federal government agree.
(2) Nothing in this section is a recognition of any title or interest in the United States within the meander lines of any meandered lake to any lands or waters of any such lake prior to the execution and delivery of a deed or conveyance from the State of Oregon as provided for in this section.
(3) In carrying out such agreements the department may utilize the proceeds from the sale of such lands in which title or interest is claimed by the federal government. This section does not authorize the department or any other state agency to enter into any agreement which will divest any person of any water rights acquired under the laws of this state or otherwise. [Amended by 1967 c.421 §140]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.520 - Acceptance of deed to lake bed lands as precluding any other claim.

Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines of a lake takes the same in lieu of any claim to any other lands within the meander line of such lake in which such deeded lands lie, and shall not thereafter maintain in any court any claim to any lands inside the meander line of such lake other than to the lands conveyed to such person by deed from the state under ORS 274.430 to 274.520 or which such person acquires in good faith from a grantee or purchaser from the State of Oregon under such statutes. [Amended by 1967 c.421 §141]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.525 - City use of stream bed material.

(1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of the stream, owned by the State of Oregon and in front of such city, for the purpose of filling in or reclaiming the submersible lands within such city, under the rules of the Department of State Lands. The consent of the appropriate agency of the United States Government shall be first obtained by such city.
(2) Any contractor who has entered into a contract with any such city to fill in or reclaim any of its submersible lands may dredge and use such material in the same manner as may be done by such city. [Formerly 274.410; 1967 c.421 §145; 1969 c.594 §43]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.530 - Lease or license of stream beds for removal of material; rules for measurement of volume removed.

(1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid requirements may be waived for leases of less than one year’s duration. No lease shall be made for a lump sum but only on a basis of the price per cubic yard or ton for the material removed.
(2) The department may prescribe by rule the manner in which the volume in cubic yards or the weight in tons for the material removed shall be determined.
(3) Notwithstanding subsections (1) and (2) of this section, the department may enter into a license for the removal of material from submersible and submerged lands of navigable streams owned by the State of Oregon based on a competitive market rate that reflects fair market value.
(4) The department shall, prior to any competitive bidding notice, establish prebid qualifications that include but are not limited to the following:
(a) The minimum yardage amount of material that must be removed for each year for which the lease is valid.
(b) Evidence that all bidders have an established market, as provided by each bidder. [Amended by 1961 c.509 §2; 1961 c.676 §3; 1967 c.421 §144; 1967 c.567 §§15, 15a; 1971 c.509 §1; 1995 c.113 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.540

[Amended by 1953 c.181 §2; 1961 c.509 §3; 1961 c.676 §4; 1967 c.421 §45; renumbered 273.225]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.550 - Removal of material without payment of royalties; eligible material and uses.

(1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of State Lands if the material is:
(a) Removed for channel or harbor improvement or flood control;
(b) Used for filling, diking or reclaiming land owned by the state or any political subdivision as defined in ORS 271.005 and located not more than two miles from the bank of the stream;
(c) Used for the creation, maintenance or enhancement of fish or wildlife habitat;
(d) Used for the maintenance of public beaches; or
(e) Contaminated with hazardous material, as defined in ORS 466.605, provided that the person gives the department written notice of the removal at least 30 days prior to disposal.
(2) A person does not have to pay royalties to the state for the following uses of material, if the person provides at least 30 days’ written notice to the department of the intended use:
(a) The filling of any property up to an elevation of one foot above the line of ordinary high water of a waterway by a state agency or political subdivision, as defined in ORS 271.005.
(b) The material is used solely for a public purpose by a political subdivision, as defined in ORS 271.005.
(3) A person may not remove any material from the place it was first deposited or use the material as an article of commerce without providing, prior to the removal of the material, written notification to the department and payment of any royalties for the material as determined by the department.
(4) In addition to the purposes enumerated in subsection (1) of this section, any person may take material for the exclusive use of the person to the extent of not more than 50 cubic yards or the equivalent weight in tons in any one year. However, before taking the material, the person shall first notify the department.
(5) Upon the removal of material from submersible or submerged lands not exempt from the payment of royalties, royalties in an amount established by the department must be paid to the department.
(6) For purposes of this section:
(a) "Article of commerce" means any material, other than material used for upland disposal or contaminated material put to beneficial use, that is bought, sold or exchanged in any manner for goods or services and that otherwise would have to be acquired from alternative sources.
(b) "Reclaiming land" means raising the elevation of a portion of land within a 100-year floodplain to not more than one foot of elevation higher than the highest elevation of the 100-year floodplain, or protecting land otherwise in the 100-year floodplain by the construction of dikes or other flood control improvements. [Amended by 1961 c.149 §1; 1961 c.676 §5; 1967 c.421 §146; 1969 c.594 §44; 1971 c.509 §3; 1981 c.787 §53; 2003 c.465 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.560 - Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules.

(1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest of the state as the department may require, and may require a bond with a surety company authorized to transact a surety business in this state, as surety, or other form of security, to be given by the lessee for performance of such stipulations, and providing for forfeiture for nonpayment or failure to operate under the contract. No contract shall be entered into giving any person an option of leasing or purchasing the property of the State of Oregon. The lessee in all such contracts shall report monthly to the department the amount of material taken under the contract and pay to the department the amount of royalty thereon provided in the contract.
(2) The department shall adopt rules to establish criteria to determine when security is required. [Amended by 1965 c.375 §1; 1967 c.421 §147; 1969 c.594 §45; 1991 c.264 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.590 - Cooperation with Washington authorities respecting removal of material from bed of Columbia River.

The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other revenues for the taking of material from the submersible and submerged lands of the Columbia River and enter into such agreements as may be advisable or necessary with such officers of the State of Washington for the division of such royalties. [Amended by 1967 c.421 §148]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.610 - Prohibited contracts for exploration for hard minerals; scientific research.

(1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and submerged lands within the territorial sea and navigable bays that are subject to the jurisdiction of the department.
(2) Nothing in this section shall be considered to prohibit scientific research conducted by or on behalf of an academic institution or a government agency.
(3) As used in subsection (1) of this section, "hard minerals" includes but is not limited to natural deposits or mineral sources of gold, silver, copper, lead, iron, manganese, silica, chrome, platinum, tungsten and zirconium. "Hard minerals" does not include oil, gas or sulfur deposits subject to ORS 274.705 to 274.860.
(4) As used in this section:
(a) "Exploration" means any activity the principal purpose of which is to define, characterize or evaluate hard mineral deposits for possible commercial development or production.
(b) "Scientific research" means any activity the principal purpose of which is to improve scientific or technical understanding of earth, ocean or atmospheric processes, hazards and resources and for which the data generated are nonproprietary or public. [1991 c.217 §1]
Note:
274.610 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 274 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.705 - Definitions for ORS 274.705 to 274.860.

As used in ORS 274.705 to 274.860, unless the context requires otherwise:
(1) "Development" includes geophysical activity, drilling, platform construction, pipeline construction, operation of onshore support facilities and any other activities undertaken following the discovery of oil, gas or sulfur, the principal purpose of which is to prepare for the ultimate production of the oil, gas or sulfur.
(2) "Exploration" means any activity the principal purpose of which is to define, characterize or evaluate oil, gas or sulfur resources for possible commercial development or production.
(3) "Filled lands" includes submerged and submersible lands reclaimed artificially through raising such lands above the highest probable elevation of the tides to form dry land, by placement of a fill or deposit of earth, rock, sand or other solid imperishable material.
(4) "Gas" means all natural gas and all other fluid hydrocarbons not defined as oil in subsection (6) of this section, including condensate originally in the gaseous phase in the reservoir.
(5) "Lease" means an oil, gas and sulfur lease issued pursuant to ORS 274.705 to 274.860.
(6) "Oil" means crude petroleum oil and all other hydrocarbons, regardless of gravity, which are produced in liquid form by ordinary production methods, but does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.
(7) "Person," in addition to the meanings defined by ORS 174.100, includes quasi-public corporations, political subdivisions and governmental agencies and instrumentalities.
(8) "Production" means any activity the principal purpose of which is to engage in, monitor or conduct operations or maintenance related to the active extraction and transportation of oil, gas or sulfur from tidal submerged lands.
(9) "Structure" means any construction works, including but not limited to derricks, pipelines, lines for the transmission and distribution of electricity, telephone lines, wharves, piers, slips, warehouses and units designed to act as groins, jetties, seawalls, breakwaters or bulkheads.
(10) "Territorial sea" has the meaning given that term in ORS 196.405.
(11) "Tidal submerged lands" means 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. [1961 c.619 §1; 1967 c.421 §158; 2019 c.14 §2]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.710 - Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur.

(1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state:
(a) By quitclaim, cession, grant, contract or otherwise from the United States or any agent thereof; or
(b) By any other means.
(2) All jurisdiction and authority remaining in the state over tidal submerged lands as to which grants have been or may be made is vested in the department.
(3) Notwithstanding ORS 273.551, the department shall administer and control all tidal submerged lands described in subsections (1) and (2) of this section under its jurisdiction, and may lease such lands and submersible lands and dispose of oil, gas and sulfur under such lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860. However, submerged and submersible lands lying more than 10 miles easterly of the 124th West Meridian shall be subject to leasing for oil, gas and sulfur under ORS 273.551, rather than under ORS 274.705 to 274.860.
(4) Notwithstanding any other provision of ORS 274.705 to 274.860, the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615. The department may, however:
(a) Grant easements underlying that part of the surface of the ocean shore owned by the state at such times and at such places as the department finds necessary to permit the extraction and transportation of oil, gas or sulfur from state, federal or private lands; and
(b) Issue oil and gas leases underlying the ocean shore under the same terms and conditions as provided in ORS 274.705 to 274.860. [1961 c.619 §2; 1967 c.421 §159; 2005 c.22 §197]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.712 - Limitations on leasing submerged and submersible lands within territorial sea.

(1) Notwithstanding any other provision of ORS 274.705 to 274.860 or 520.240, the Department of State Lands is prohibited from leasing any of the submerged and submersible lands within the territorial sea for:
(a) The exploration, development or production of oil, gas or sulfur in the territorial sea; or
(b) Activities in furtherance of the exploration, development or production of oil, gas or sulfur within federal waters adjacent to the territorial sea.
(2) The provisions of subsection (1) of this section do not apply:
(a) To exploration for scientific or academic research purposes, or geologic survey activities of the State Department of Geology and Mineral Industries.
(b) In the event the Governor determines that an oil embargo substantially affects the supply of oil to the United States.
(3) Any exploration for oil, gas or sulfur in the territorial sea allowed under ORS 274.705 to 274.860 by the State Land Board or the Department of State Lands must conform to standards of the Oregon Ocean Resources Management Program established under ORS 196.405 to 196.515.
(4) Nothing in this section is intended to impair or supersede any conflicting federal law applicable within the territorial sea. [2010 c.11 §1; 2019 c.14 §4]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.715 - Sulfur leases.

ORS 274.705 to 274.860 shall apply equally to the exploration and leasing of lands subject thereto for the production of sulfur. [1961 c.619 §34; 1967 c.421 §160]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.720 - Effect of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of agencies other than department.

ORS 274.705 to 274.860 shall not:
(1) Affect the power of the Department of State Lands to lease mineral rights, including oil, gas and sulfur underlying state lands other than lands subject to ORS 274.705 to 274.860.
(2) Affect the power of the department to lease mineral rights, other than oil, gas and sulfur underlying lands subject to ORS 274.705 to 274.860.
(3) Affect any oil, gas and mineral lease issued before August 9, 1961, by any agency, board or commission of the State of Oregon.
(4) Deprive this state or any agency or instrumentality thereof of its jurisdiction over matters affecting the public health and safety, including but not limited to the control of air and water pollution. [1961 c.619 §§36, 37; 1967 c.421 §161]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.725 - Scope of leases and permits; persons ineligible.

(1) Any interests in lands, or lands in fee simple, acquired by the Department of State Lands by purchase, donation, lease condemnation or otherwise, may be made available to any lessee of the state for the purposes contained in ORS 274.705 to 274.860 and upon such terms as may be determined by the department.
(2) No permit or lease shall be granted to any person then in violation of any laws or rules applicable to ORS 274.705 to 274.860. [1961 c.619 §§32, 38,43; 1967 c.421 §162]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.735 - Application for survey permit; effect of permit; rules.

(1) The Department of State Lands upon application by any person may permit geological, geophysical and seismic surveys, including the taking of cores and other samples for purposes related to exploration for oil, gas and sulfur on lands subject to ORS 274.705 to 274.860. However:
(a) Such permits shall be nonexclusive and shall not give any preferential rights to any oil, gas and sulfur lease.
(b) The Department of State Lands in consultation with the State Department of Geology and Mineral Industries may grant permission for the taking of cores and other samples.
(c) After consultation with the State Fish and Wildlife Commission, the Department of State Lands shall include such rules and regulations in the permit as are necessary to protect the fish and wildlife resources.
(2) Each application under this section must contain at least the following information:
(a) A description of the areas where the applicant proposes to conduct a survey.
(b) The name and address of the applicant.
(c) Such other relevant information as the Department of State Lands requires. [1961 c.619 §3; 1967 c.421 §163; 1987 c.300 §9; 2003 c.253 §21]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.740 - Issuance of survey permit; renewal; reports.

(1) Upon compliance of an applicant with ORS 274.735, the Department of State Lands may issue to the applicant a permit to conduct a geological, geophysical and seismic survey, including the taking of cores and other samples, in areas of the lands subject to ORS 274.705 to 274.860 that are described on the permit. The department may prohibit such surveys on any area if, in consultation with the State Department of Geology and Mineral Industries, it determines that a lease, if applied for, should not be granted as to such areas. The Department of State Lands shall include in a permit conditions and payments proper to safeguard the interests of the state.
(2) Permits issued under this section may not exceed two years, and may be renewed for like periods upon application to the department and upon showing due compliance with applicable laws and regulations.
(3) The department shall require the permittee to provide the State Fish and Wildlife Commission with complete information with respect to the area or areas of proposed operations, type of exploration and a schedule showing the period or periods during which such explorations will be conducted. Such information shall be treated as confidential unless released by the permittee. [1961 c.619 §4; 1967 c.421 §164; 2003 c.253 §22]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.745 - Drilling logs and records.

(1) Records of drilling conducted by a permittee under ORS 274.740 shall be filed by the permittee with the State Department of Geology and Mineral Industries as prescribed by ORS 520.095.
(2) The Department of State Lands may require, as a condition to the issuance of any lease under ORS 274.705 to 274.860, that the lessee make available to the Department of State Lands, or the State Department of Geology and Mineral Industries, upon request, all factual and physical exploration results, logs and records resulting from the operations under the lease. [1961 c.619 §5; 1967 c.421 §165; 1973 c.794 §18]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.755 - Hearing prior to granting lease or easement.

(1) Before granting any easement under ORS 274.705 to 274.860, and before offering lands for leasing under ORS 274.705 to 274.860, or whenever any person files a written application with the Department of State Lands requesting that an easement be granted for such lands or that such lands be offered for leasing under ORS 274.705 to 274.860, accompanying the same with the required fee, the department shall hold a public hearing as provided in this section.
(2) Before granting an easement or inviting bids on any lands subject to ORS 274.705 to 274.860, the department shall cause written notice describing the area under consideration and other pertinent information to be transmitted to:
(a) State Geologist;
(b) Director of Transportation;
(c) Director of the Department of Environmental Quality;
(d) State Fish and Wildlife Director;
(e) The applicant, if any, requesting the lease;
(f) Prospective applicants or bidders, by publication thereof in two or more publications of general circulation in the oil and gas industry; and
(g) The public, by publication thereof once each week for not less than four weeks in a newspaper of general circulation throughout the State of Oregon, and in addition in a newspaper of general circulation in the county in which the lands lie or the county or counties contiguous to the area under consideration for bidding.
(3) The notice shall set forth the place of hearing and shall set its time at not earlier than the 20th day after date of the last newspaper publication.
(4) Notwithstanding ORS 183.635, hearings under this section may be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 or may be conducted by a hearing officer designated by the State Land Board. An officer or employee of each interested state agency, board or commission named in subsection (2) of this section may question any witnesses appearing in the hearing, and any interested person may offer evidence and otherwise be heard. [1961 c.619 §6; 1965 c.375 §3; 1967 c.421 §166; 1969 c.593 §34; 1993 c.741 §25; 1999 c.849 §§57,58; 2001 c.104 §§83,84; 2003 c.75 §31]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.760 - Considerations involved in granting lease or easement.

After the public hearing the Department of State Lands shall determine whether the granting of an easement or an invitation for bidding to lease the area under consideration would be in the public interest. In such determination the department shall consider whether an easement or a lease or leases of the area under consideration would:
(1) Be detrimental to the health, safety, or welfare of persons residing in, owning real property, or working in the neighborhood of such areas;
(2) Interfere with the residential or recreation areas to an extent that would render such areas unfit for recreational or residential uses or unfit for park purposes;
(3) Destroy, impair or interfere with the aesthetic and scenic values of the Oregon coast, or other affected area;
(4) Create any air, water or other pollution;
(5) Substantially endanger marine life or wildlife;
(6) Substantially interfere with commerce or navigation; and
(7) Protect state lands from drainage of oil and gas. [1961 c.619 §7]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.765 - Publishing offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee.

(1) The Department of State Lands may offer to lease lands subject to ORS 274.705 to 274.860 by publication of a notice of its intention to do so, once each week for not less than two weeks in two or more newspapers of general circulation in this state, one of which is published or has general circulation in the county in which the lands lie or county or counties contiguous thereto. The notice shall describe the lands so offered, and shall specify the rate of royalty, including the royalty for sulfur, and the rental, the manner in which bids may be filed with the department, the amount of the deposit that must accompany each bid, and the time and place for filing bids, which time shall not be earlier than the 30th day after the date of last publication of such notice. Further, the notice shall state that the lease will be awarded to the bidder offering the highest cash bonus, and that the form of lease, conditions for bidding and bid form may be obtained from the department upon request.
(2) Each bid shall be enclosed in a sealed envelope, shall be on the form provided by the department and shall be accompanied by duplicate lease forms executed by the bidder, and by a certified or cashier’s check or checks payable to the State of Oregon in the amount fixed by the department, which sum shall be deposited as evidence of good faith and except in the case of the successful bidder shall be returned to the bidder. If the successful bidder fails to pay the balance of the cash bonus bid and the annual rental for the first year not later than the 15th day after the award of the lease, or fails to post any bond required by the lease or the rules in effect at the date of the invitation for bids within the time prescribed, the amount of the deposit shall be forfeited to the state.
(3) At the time and place specified in the notice the department shall publicly open the sealed bids and shall award the lease for each parcel to the bidder who, in addition to complying with all of the conditions for bidding, offers the highest cash bonus. The department may, however, reject any or all bids for cause.
(4) Following the award of the lease, the payment by the successful bidder of the balance of the cash bonus, the annual rental for the first year, and the fee specified in this section, and the posting of any required bonds, the department shall execute the lease in duplicate on behalf of the state and transmit one counterpart thereof to the lessee. The lease shall become effective as of the date of such execution.
(5) The department shall prescribe a reasonable fee to cover the procedures under this section, which shall be paid by the successful bidder. [1961 c.619 §27; 1967 c.421 §167]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.770 - Prohibited drilling requirements.

In leasing lands subject to ORS 274.705 to 274.860, the Department of State Lands may not discriminate between bidders by requiring drilling from:
(1) Upland or littoral drill sites;
(2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or
(3) Any pier, platform or other fixed or floating structure in, on or over lands subject to ORS 274.705 to 274.860, with respect to which this state or any other owner thereof has consented to use. [1961 c.619 §30; 1967 c.421 §168]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.780 - Conditions in leases and permits; execution; delivery of bonds or contracts to department.

(1) The form of lease shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.780 to 274.860.
(2) The form of a permit shall contain, in addition to other provisions deemed necessary and desirable by the Department of State Lands, after consultation with the State Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions, the provisions of ORS 274.785 (3).
(3) All leases and other instruments required in carrying out ORS 274.705 to 274.860 shall be executed by the Department of State Lands. All bonds, contracts and other instruments required by ORS 274.705 to 274.860 for the protection of the interests of this state and political subdivisions, persons and property therein shall be executed and delivered to the department. [1961 c.619 §§9,28; 2003 c.253 §23]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.785 - Exclusive rights granted by lease; requirement of diligence; maximum area; assignment.

(1) The lease shall grant the exclusive right to drill for and produce all oil, gas and sulfur deposits in the leased land and be for a primary term of 10 years and for so long thereafter as oil, gas or sulfur is produced in paying quantities from the leased land, or lessee is diligently conducting producing, drilling, deepening, repairing, redrilling or other necessary lease or well maintenance operations on the leased land or is excused from conducting such operations under the terms of the lease.
(2) The maximum area which shall be included in any single lease to any person shall be 13,200 acres.
(3) No permit, easement or lease, or any portions thereof shall be assignable without the prior written consent of the Department of State Lands. [1961 c.619 §§8,10,22; 1963 c.359 §1]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.790 - Royalties.

(1) The Department of State Lands shall specify in the notice described by ORS 274.765 and in the lease the rate of royalty paid under such lease which royalty shall not be less than 12-1/2 percent of gross production, or the value thereof, produced and saved from the leased lands and not used by lessee for operations thereon or for injection therein. Such royalty shall, at the department’s option, be paid in kind or in value, and be computed after an allowance for the actual cost of oil treatment or dehydration of not to exceed five cents per barrel of royalty oil so treated or dehydrated.
(2) The royalty for sulfur produced under ORS 274.705 to 274.860 shall not be less than $1 per long ton.
(3) The State of Oregon shall have a lien upon all production for unpaid royalties. [1961 c.619 §§11,12; 1967 c.421 §169]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.795 - Rents.

The Department of State Lands shall specify a rental payable annually in advance of not less than 50 cents for each acre of land subject to the lease at the rental date. After production has been established, rent paid shall be deducted from any royalty due under the terms of a lease during the year for which such rent has been paid. [1961 c.619 §13]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.800 - Bonds.

Sufficient bonding requirements, as determined by the Department of Geology and Mineral Industries, shall be specified to secure to the State of Oregon performance and the faithful compliance by the lessee with the terms of the lease, and further to secure adjacent landowners and the public generally as to all proper claims for damages arising from operations thereunder. [1961 c.619 §14]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.805 - Drill sites.

Unless otherwise determined by the Department of State Lands, each well drilled pursuant to the terms of the lease may be drilled or slant drilled to and into the subsurface of the lands covered by the lease from upland or littoral drill sites owned or controlled by the state or owned by or available to the lessee, or from drill sites located upon any filled lands heretofore or hereafter filled, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier heretofore or hereafter constructed owned by or available to the lessee and available for such purpose, or from platforms or other fixed or floating structures in, on or over the lands covered by the lease or otherwise available to the lessee. [1961 c.619 §16; 1967 c.421 §170]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.810 - Commencement of drilling; operational requirements.

Subject to the lessee’s right to surrender, the lessee shall commence operations for the drilling of a well within five years from date of the lease and commence production within three years of discovery of oil, gas or sulfur in paying quantities, unless the Department of State Lands shall have, for cause, granted an extension of time for such act. In addition, the lease shall have such exploratory, drilling and producing requirements as the Department of State Lands in consultation with the Department of Geology and Mineral Industries deems necessary to encourage the exercise of due diligence on the part of lessee. [1961 c.619 §20]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.815 - Extension of time when wells to be drilled from filled land or structure.

If the lessee, as disclosed by information submitted with the bid of the lessee, proposes to drill one or more wells from filled land, whether contiguous or noncontiguous to the littoral lands or uplands, or from any pier or from platforms or other fixed or floating structures to be constructed for such purpose, and if permission from any federal or state agency is legally required in order to construct any such filled lands or structures, the lessee shall be allowed a reasonable time following the execution of the lease within which to secure the necessary permission from such federal and state agencies as shall be legally required, and, upon the securing of such permission, a further reasonable time, determined with regard to the nature of the filled lands or structure or structures to be constructed within which to commence operations for the drilling of such well or wells, and if necessary, the drilling term provided for in ORS 274.810 shall be extended by the Department of State Lands to the date to which the time to commence operations for the drilling of such well or wells has been extended. [1961 c.619 §19]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.820 - Water contamination or pollution.

(1) Avoidable pollution or avoidable contamination of the ocean and of the waters covering lands subject to ORS 274.705 to 274.860, avoidable pollution or avoidable contamination of the beaches or land underlying the ocean or waters covering lands subject to ORS 274.705 to 274.860, or any substantial impairment of and interference with the enjoyment and use thereof, including but not limited to bathing, boating, fishing, fish and wildlife production, and navigation, shall be prohibited, and the lessee shall exercise a high degree of care to provide that no oil, tar, residuary product of oil or any refuse of any kind from any well or works shall be permitted to be deposited on or pass into the waters of the ocean, any bay or inlet thereof, or any other waters covering lands subject to ORS 274.705 to 274.860. However, this section does not apply to the deposit on or passage into such waters of water not containing any hydrocarbons or vegetable or animal matter.
(2) For the purposes of this section, "avoidable pollution" or "avoidable contamination" means pollution or contamination arising from:
(a) The acts or omissions of the lessee or its officers, employees or agents; or
(b) Events that could have been prevented by the lessee or its officers, employees or agents through the exercise of a high degree of care. [1961 c.619 §18; 1967 c.421 §171]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.825 - Nonconflicting use of leased lands.

The State of Oregon reserves the right to permit reasonable nonconflicting uses, including seismic surveys but excluding core hole drilling, on lands under lease as long as:
(1) Such uses do not unreasonably impair or interfere with operations of the lessee; and
(2) Requirement is made that the permittee indemnify the lessee against any damage caused by such use. [1961 c.619 §21; 1999 c.59 §71]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.835 - Conformance to laws and regulations; periodic negotiations.

It shall be a continuing condition of such lease that the lessee shall conform to all applicable laws of the State of Oregon and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which the lease was awarded. Periodic mutual negotiations between lessee and lessor may be carried out to make conditions, rules and regulations current as warranted by changes in environment or operational methods. [1961 c.619 §26]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.840 - Continuation of lease after cessation of production.

In the event production on the leasehold shall cease at any time or from time to time, before or after the expiration of the primary term of the lease, the lease shall nevertheless continue in full force and effect if the lessee shall, within six months after the cessation of production or within such longer period of time as the Department of State Lands may authorize, commence and thereafter prosecute with reasonable diligence drilling, deepening, repairing, redrilling or other operations for the restoration of production of oil, gas or sulfur from the leased lands. [1961 c.619 §15]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.845 - Surrender of lease.

The lessee may at any time file with the Department of State Lands a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to the continuing obligation of the lessee to pay all rentals and royalties theretofore accrued and to place all wells on the lands or in the zones or horizons surrendered in condition for suspension or abandonment in accordance with the applicable lease terms, regulations and law. Thereupon the lessee shall be released from all obligations under such lease with respect to the lands, zones or horizons surrendered, but no such surrender shall release such lessee from any liability for breach of any monetary obligation of the lease with respect to which such lessee is in default at the time of the filing of such surrender. [1961 c.619 §24]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.850 - Cancellation of lease; partial retention of leasehold; removal of equipment.

The Department of State Lands shall reserve and may exercise the authority to cancel any lease upon which oil, gas or sulfur has not been discovered in paying quantities, upon failure of the lessee after 30 days’ written notice and demand for performance to exercise due diligence and care in the prosecution of the prospecting or development work in accordance with the terms of the lease. After discovery of oil, gas or sulfur in paying quantities on lands subject to any lease, such lease may be forfeited and canceled only by appropriate judicial proceedings upon failure of the lessee after 90 days’ written notice and demand for performance to comply with any of the provisions of the lease or of laws or regulations applicable thereto and in force at the date of the invitation for bids in pursuance of which the lease was awarded; provided, however, that in the event of any such cancellation, the lessee shall have the right to retain under such lease any and all drilling or producing wells as to which no default exists, together with a parcel of land surrounding each such well and such rights of way through the leased lands as may be reasonably necessary to enable such lessee to drill and operate such retained well or wells. In the event of the cancellation of any lease, the lessee shall have a reasonable time within which to remove all property, equipment and facilities owned or used by the lessee in connection with operations under the lease. [1961 c.619 §25]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.855 - Restoration of leasehold to original condition.

Upon any partial or total termination, surrender or forfeiture of its permit or lease, the Department of State Lands may require that the permittee or lessee, within a reasonable time, restore that portion of the premises that is visible at extreme low tide to substantially its original condition. [1961 c.619 §17]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.860 - Protection and location of filled lands.

Under a lease entered into by the Department of State Lands pursuant to ORS 274.705 to 274.860, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Department of State Lands, in consultation with the Department of Geology and Mineral Industries, the State Fish and Wildlife Commission and other interested agencies, boards and commissions. [1961 c.619 §31]
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.870 - Definitions for ORS 274.870 to 274.879.

As used in ORS 274.870 to 274.879:
(1) "Commercial operation" means a project undertaken to generate ocean renewable energy for a purposes other than research, demonstration or personal use and that has financial profit as a goal.
(2) "Ocean renewable energy" means electricity that is generated through:
(a) The conversion of energy contained in the natural properties of the ocean, including but not limited to energy contained in waves and swells, the tides and currents, ocean temperature and salinity gradients; and
(b) Ocean offshore wind power.
(3) "Ocean renewable energy facility" means any energy conversion technology or device that is used as a necessary component of a research project, demonstration project or commercial operation to generate ocean renewable energy, including but not limited to all buoys, anchors, energy collectors, cables, control and transmission lines, and other equipment necessary or useful to the project or operation.
(4) "Person" means a person as defined in ORS 174.100, a public body as defined in ORS 174.109, the federal government, when operating in any capacity other than navigational servitude, or any other legal entity.
(5) "Territorial sea" has the meaning given that term in ORS 196.405.
(6) "Territorial Sea Plan" has the meaning given that term in ORS 196.405. [2015 c.386 §1]
Note:
274.870 to 274.879 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 274 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 07 - Public Facilities and Finance › Chapter 274 - Submersible and Submerged Lands › Section 274.873 - Proprietary authorizations for ocean renewable energy facilities; application; issuance; incorporation of removal or fill permits.

(1) A person may not construct or operate an ocean renewable energy facility within Oregon’s territorial sea without a proprietary authorization issued by the Department of State Lands and as provided by the department by rule, or in a manner contrary to the conditions set out in the authorization.
(2) An application for a proprietary authorization under this section must include all of the information required by that part of the Territorial Sea Plan that addresses the development of ocean renewable energy facilities in the territorial sea.
(3) The department may not issue a proprietary authorization for an ocean renewable energy facility that does not comply with the criteria described in that part of the Territorial Sea Plan that addresses the development of ocean renewable energy facilities in the territorial sea.
(4) The department shall incorporate the terms and conditions of the removal or fill permit required for the ocean renewable energy facility into the proprietary authorization issued under this section. [2015 c.386 §4]
Note:
See note under 274.870.