reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 1 - PROCEDURAL RULES › Section 141-001-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this rule is to provide a reasonable opportunity
				for interested persons to be notified of the proposed actions of the State Land
				Board and/or the Department of State Lands. Prior to the adoption, amendment,
				or repeal of any rule, the State Land Board and/or the Department of State
				Lands will give notice of the proposed adoption, amendment, or repeal:
(1) In the Secretary of State's Bulletin
			 referred to in ORS
			 183.360 at least 21 days prior to the effective date;
(2) By e-mailing or mailing a copy of the
			 notice to persons on the State Land Board's and/or Department of State Lands'
			 mailing list established pursuant to ORS
			 183.335(8)
			 at least 28 days prior to effective date;
(3) By mailing a copy of the notice to
			 persons referred to in ORS
			 183.335(15)
			 at least 49 days before the effective date;
(4) By mailing or e-mailing a copy of the
			 notice to The Associated Press and to any interested parties identified as
			 being specifically affected by the rulemaking, including cities, counties,
			 other government agencies, organizations or business associations.
Statutory/Other Authority: ORS 183
Statutes/Other Implemented: ORS
				  183.341  & 273.045
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 1 - PROCEDURAL RULES › Section 141-001-0005 - Model Rules for Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341, the Department of State
				Lands and the State Land Board adopt by reference the Attorney General's Model
				Rules for Rulemaking (OAR 137-001) in effect January 1, 2023.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Department of
				  State Lands.
Statutory/Other Authority: ORS
				  183.341 & ORS
				  273.045
Statutes/Other Implemented: ORS
				  183.333 & ORS
				  183.341
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 1 - PROCEDURAL RULES › Section 141-001-0007 - Model Rules of Procedures for Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341, The Department of State
				Lands and the State Land Board adopt by reference the Attorney General's Model
				Rules of Procedures for Contested Cases (OAR 137-003) in effect January 1,
				2023.
Statutory/Other Authority: ORS
				  183.341 & ORS
				  273.045
Statutes/Other Implemented: ORS
				  183.333 & ORS
				  183.341
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 1 - PROCEDURAL RULES › Section 141-001-0010 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
Procedures for contested case hearings for the Department of
				State Lands are provided in the Model Rules of Procedure, OAR 137-003-0501  to
				137-003-0700  by the Office of Administrative Hearings. The rules in this
				Division (001) are subject to the approval of the Attorney General and are
				intended to supplement the Model Rules of Procedure providing additional
				guidance for conduct of contested case hearings. An officer or employee of the
				Department is authorized to appear on behalf of the agency with the following
				restrictions in hearings conducted before another agency:
(1) The agency representative may not make
			 legal argument on behalf of the agency.
(2) Legal argument as used in ORS
			 183.452(3) and
			 this rule has the same meaning as in OAR 137-003-0008(1)(c) and (d).
(3) When an agency officer or employee
			 represents the agency, the presiding officer will advise such representative of
			 the manner in which objections may be made and matters preserved for appeal.
			 Such advice is of a procedural nature and does not change applicable law on
			 waiver or the duty to make timely objection. Where such objections involve
			 legal argument, the presiding officer will provide reasonable opportunity for
			 the agency officer or employee to consult legal counsel and permit such legal
			 counsel to file written legal argument within a reasonable time after
			 conclusion of the hearing.
Stat. Auth.: ORS
				  183.413 -
				  183.470
Stats. Implemented: ORS
				  183.341 &
				  273.045
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 1 - PROCEDURAL RULES › Section 141-001-0020 - Model Rule for Mediation Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				183.341 and ORS
				36.224, the Department of State
				Lands and the State Land Board adopt by reference the Attorney General's Model
				Rule for Mediation Confidentiality (OAR 137-005-0052) in effect January 1,
				2023.
Statutory/Other Authority: ORS
				  36.224, ORS
				  183.341 & ORS
				  273.045
Statutes/Other Implemented: ORS
				  36.224,
				  36.228,
				  36.230 &
				  36.232
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Regular
			 Meeting" means any convening of the board, other than a special meeting,
			 emergency meeting, or executive session, to conduct normal business, make
			 decisions, or deliberate toward a decision on any matter.
(2) "Special Meeting" means a convening of
			 the board to make decisions or deliberate toward a decision on any matter
			 requiring attention prior to the next regular meeting of the board, but not in
			 less than 24 hours.
(3) "Emergency
			 Meeting" means a convening of the board to deliberate or make decisions on any
			 matter requiring attention in less than 24 hours.
(4) "Executive Session" means any meeting or
			 part of a meeting of the board that is closed to members of the public, other
			 than members of the press or other reporters in accordance with and as provided
			 by OAR 141-005-0040.
Stat. Auth.: ORS
				  273.035(1)
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0005 - Regular Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Regular meetings of the State Land Board shall be scheduled on a date, and held
			 at a time and location acceptable to the Board members.
(2) Proper Notice of regular meetings shall
			 consist of:
(a) Personal Notice to each member
			 of the board at least six days prior to the meeting or rescheduled regular
			 meeting;
(b) Public Notice at least
			 six days prior to the regular meeting date, as follows:
(A) Notices by mail to wire services and to
			 newspapers, radio, and television stations who have requested to be
			 notified;
(B) Press releases as
			 appropriate to other wire services, newspapers, radio and television
			 stations;
(C) Notice by mail to any
			 person or organization on a mailing list maintained for notice purposes
			 pursuant to ORS 192.640;
(D) Notice by mail to any person who has
			 asked to be advised when a particular matter will be considered by the
			 board.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0010 - Cancellation of a Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
If there is sufficient time, notice of cancellation of a
				meeting for which notice has been given shall be given to the same parties and
				in the same manner as was the notice of the scheduled meeting. If unforeseen
				circumstances preclude timely notice of cancellation in such a manner,
				notification shall be given by means reasonably calculated to give actual
				notice of cancellation.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0020 - Special Meetings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 special meeting of the State Land Board may be called at any time by the
			 Governor or by a majority of the members of the board.
(2) Notice shall be given to members of the
			 board at least 24 hours prior to the special meeting. Interested persons, wire
			 services, newspapers, radio and television stations, and the general public
			 shall be given notice 24 hours before the special meeting by means reasonably
			 calculated to give actual notice under the circumstances.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0030 - Emergencies

Current through Register Vol. 63, No. 7, July 1, 2024
In case of an emergency, a meeting of the State Land Board may
				be canceled, or a meeting may be held upon such notice as is appropriate and
				reasonable under the circumstances.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0040 - Executive Sessions

Current through Register Vol. 63, No. 7, July 1, 2024
An executive session of the board may be held during a regular,
				special, or emergency meeting when authorized under ORS
				192.660, after identifying the
				specific authorization for holding the executive session. When an executive
				session only is to be held as a regular, special or emergency meeting, notice
				shall be given to the members of the board, interested persons, wire services,
				newspapers, radio and television stations as appropriate for a special,
				emergency, or regular meeting. The notice shall state the specific provision of
				law authorizing the executive session.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0050 - Authority to Change or Cancel a Meeting or to Call a Special or Emergency Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
The Director of the Department of State Lands, acting under the
				direction of the Governor, in the case of a special meeting, or a majority of
				the members of the State Land Board, may cancel a meeting of the board, call a
				special or emergency meeting of the board, or make changes in the time or place
				of regular meetings of the board, as provided in these rules.
Stat. Auth.: ORS 192 & ORS 273 .035(1)
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 5 - NOTICE OF MEETINGS OF THE STATE LAND BOARD › Section 141-005-0060 - Responsibility for Notices

Current through Register Vol. 63, No. 7, July 1, 2024
The Director of the Department of State Lands shall be
				responsible for the giving of all notices required by these
				rules.
Stat. Auth.: ORS 192 & ORS 273
Stats. Implemented: ORS 273
				  .035
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0010 - Sealed Bids Required

Current through Register Vol. 63, No. 7, July 1, 2024
The leasing of offshore tracts for the production of oil, gas,
				and sulphur shall be by sealed bids. Bids shall be submitted on forms supplied
				by the Board, or image copies thereof. To be considered, bids shall be received
				at the Department of State Lands, 775 Summer St. NE, Suite 100, Salem, OR
				97301-1279, before the time designated in the public notice of the offer to
				lease.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0015 - Lease Map

Current through Register Vol. 63, No. 7, July 1, 2024
Reference to the tract number as designated on the official
				lease map adopted by the Board on January 3, 1964, and any subsequent revisions
				shall constitute sufficient description for bidding and leasing purposes. The
				successful bidder will assume full responsibility for any location surveys to
				determine precise boundaries of the tracts offered for lease. Copies of the
				official lease map may be inspected at the Board office or may be purchased for
				$15 per copy. No bid for less than a full tract, as delineated on the official
				lease map, will be considered. For the purposes of computing the annual rental
				of each leased tract, the acreage shown on the official lease map shall be
				used.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0020 - Bidding Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
			 bid or bids are submitted in person to the Board, name and address of the
			 bidder and the number of tract bid on shall be designated on the envelope
			 sealing each bid.
(2) When a bid or
			 bids are submitted by mail, each bid shall be placed in a separate sealed
			 envelope with the name and address of the bidder and the number of the tract
			 identified on the outside of each separate bid envelope. The bid envelope or
			 envelopes shall then be placed into a larger envelope, addressed and forwarded
			 to the Board with the notation on the outer envelope that it contains a sealed
			 bid or bids.
(3) Unless the tract
			 is withdrawn from bidding, or unless the Board refuses all bids upon a
			 particular tract, the lease shall be awarded to the bidder offering the highest
			 cash bonus bid. In the event the highest bids are tie bids, tie bidders may
			 file with the Board within 15 days after notification an agreement to accept
			 the lease jointly; otherwise, all bids will be rejected.
(4) No variation shall be made in the
			 prescribed form of the bid, and the insertion of any condition, qualification,
			 or provisions of said form will invalidate the bid. The amount of cash bonus
			 offered shall be stated in the designated place on the bid form and a certified
			 or cashier's check made payable to the State of Oregon in an amount sufficient
			 to cover the first year's rental in advance, plus 1/5 of the amount of cash
			 bonus offered, plus $100 fee to cover the cost of advertisement shall be
			 enclosed with the bid.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0025 - Authorization

Current through Register Vol. 63, No. 7, July 1, 2024
Bids submitted by corporations or partnerships shall contain an
				affidavit or a certificate of authority verifying that the company official,
				agent, or partner signing the lease and bid offer is duly authorized to enter
				into such a contract for the bidder.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0030 - Financial Statement

Current through Register Vol. 63, No. 7, July 1, 2024
A certified financial statement establishing to the
				satisfaction of the Board the bidder's financial ability to undertake and
				fulfill all obligations under the prospective lease must accompany the bid. The
				findings of the Board as to whether the bidder has the financial ability to
				undertake and fulfill all obligations under the prospective lease shall be
				final and conclusive.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0035 - Refund

Current through Register Vol. 63, No. 7, July 1, 2024
Checks enclosed with the bids will be returned to the bidders
				upon request, except in the case of the successful bidder. Such requests are to
				be submitted on a form supplied by the Board. The execution of a request for
				refund shall be determined a withdrawal of the bidder's offer and a waiver of
				all rights the bidder may have in connection with or by virtue of said
				bid.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0040 - Forms

Current through Register Vol. 63, No. 7, July 1, 2024
Form SLB1, 10-21-64. Bid Form; Oil, Gas and Sulphur Lease; and
				Form SLB2, 10-21-64, Request for Return of Deposit, copies of which are
				attached hereto and by this reference made a part hereof, are hereby adopted
				and prescribed by the State Land Board
Forms referenced are available from the agency.Publications:
				  Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0201 - Authority and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules are adopted under authority of ORS 274 .705 -
			 274.860 relating to exploration
			 and development of offshore oil, gas and related sulphur resources. These rules
			 do not apply to offshore exploration of hard minerals or to scientific research
			 sponsored by academic institutions.
(2) It is the purpose of these rules to
			 provide a uniform procedure for issuing non-exclusive permits to survey
			 state-owned submerged and submersible lands by geological and geophysical
			 (including seismic) methods to determine the potential of such lands for
			 development of oil, gas and sulphur resources. Issuance of a permit under these
			 rules does not confer any leasing rights or preferences in or to the subject
			 property and does not affect requirements that the permittee obtain any other
			 applicable regulatory permits from the Department of State Lands, or other
			 agencies.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0205 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Applicant" --
			 Person who submits an application for a permit under these rules.
(2) "Aggrieved Person" -- Any person who has
			 submitted comments on an application pursuant to OAR 141-010-0230, and who
			 objects to issuance of a permit or any terms or conditions of the
			 permit.
(3) "Board" -- State Land
			 Board.
(4) "Director" -- Director
			 of the Department of State Lands.
(5) "Department" -- Department of State
			 Lands.
(6) "Exploration" --
			 Geological or geophysical surveys conducted pursuant to these rules.
(7) "Geological Surveys" -- Use of grab
			 samples, geochemical sampling, and similar geological techniques to obtain
			 information and data on oil, gas or sulphur resources.
(8) "Geophysical Surveys" -- Use of magnetic,
			 gravitational, seismic, and similar geophysical techniques to obtain
			 information and data on oil, gas or sulphur resources. Seismic techniques
			 include, but are not limited to, use of sparkers and acoustical pulse
			 generators. For purposes of these rules, seismic does not include the use of
			 explosives.
NOTE:
Under ORS 274 .735 -
				274.745, the director is
				authorized to issue permits for "geological, geophysical and seismic" surveys.
				As indicated in these definitions, seismic surveys are a form of geophysical
				surveys and are intended to be included in any reference to geophysical
				surveys.)
(9) "Nearshore"
			 -- Tidal submerged lands (see OAR
			 141-010-0205(12)) and all state-owned submerged and submersible lands lying west of a line ten
			 miles easterly of the 124th Meridian, and the waters above them.
(10) "Permittee" -- Holder of a permit issued
			 under these rules.
(11) "Person" --
			 A natural person, corporation, association, firm, partnership, joint stock
			 company, quasi-public corporation, political subdivision, and governmental
			 agencies or instrumentalities.
(12)
			 "Tidal Submerged Lands" -- Lands lying below the line of Mean Low Tide in the
			 beds of all tidal waters within the boundaries of this state as heretofore or
			 hereafter established.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0210 - Permit Requirement and Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A permit is required to conduct any
			 geological or geophysical survey on lands subject to these rules. Lands subject
			 to these rules include tidal submerged lands and all state-owned submerged and
			 submersible lands lying west of a line ten miles easterly of the 124th Meridian
			 (see ORS 274 .710).
(2) No permit
			 shall be issued under these rules for surveys using dynamite, TNT, or other
			 forms of explosives.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0215 - Permit Regions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes
			 of these rules, the lands subject to permits are divided into five regions, as
			 described below:
(a) Region I: from the
			 Oregon-California Border to Cape Blanco;
(b) Region II: from Cape Blanco to Cape
			 Perpetua;
(c) Region III: from Cape
			 Perpetua to Cape Falcon;
(d) Region
			 IV: from Cape Falcon to the Oregon-Washington border;
(e) Region V: the Columbia River from its
			 mouth to a line 10 miles east of the 124th Meridian.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0220 - Permit Application

Current through Register Vol. 63, No. 7, July 1, 2024
A permit application shall be submitted on a form provided by
				the Department and shall include the following:
(1) The name and address of the
			 applicant;
(2) The name and
			 registration number of the vessel(s) to be used in conducting the proposed
			 survey if known at the time of application (if the particular vessel is not
			 known at the time of application, the applicant shall provide the name of the
			 vessel at or before the time notice is given under OAR
			 141-010-0250);
(3) Identification of the region and specific
			 site(s) proposed for survey (if specific survey sites are unknown at the time
			 of application, such information shall be provided at or before the time notice
			 is given under OAR
			 141-010-0250);
(4) If the area is subject to a current oil
			 and gas, or other submerged/submersible land lease, evidence of written notice
			 to the lessee of the permit application;
(5) A description of the type of survey to be
			 conducted, including the techniques to be used;
(6) An application fee of $500;
(7) Any other information specified by the
			 director.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0230 - Permit Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Within ten working days after receipt of a completed application, the
			 Department shall:
(a) Circulate the
			 application for review and comment to:
(A) The
			 Department of Fish and Wildlife;
(B) The Department of Geology and Mineral
			 Industries;
(C) The Department of
			 Land Conservation and Development;
(D) The State Historic Preservation
			 Officer;
(E) Any other state agency
			 the director determines may be affected by the proposed survey.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0235 - Land Use Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 taking action on any permit application, the director shall determine whether
			 the proposed activity affects land use and if so, complies with applicable
			 provisions of the Oregon Statewide Planning Goals adopted by the Land
			 Conservation and Development Commission. Of particular concern are Statewide
			 Planning Goal 16, relating to estuaries, and Goal 19, relating to ocean
			 resources:
(a) The director shall determine
			 that a proposed activity affects land use, and is therefore subject to
			 applicable Statewide Planning Goals, when the activity is reasonably likely to
			 have a significant impact on uses of the nearshore for fishing, navigation,
			 recreation or aesthetic purposes, or on long-term protection of renewable
			 resources;
(b) In determining
			 whether a proposed activity affects land use, the director shall consider:
(A) Duration or frequency of the
			 activity;
(B) Extent of
			 impacts;
(C) Intensity of
			 impacts;
(D) Timing or scheduling
			 of the activity;
(E) Location in
			 relation to sensitive resources;
(F) Potential for conflicts with other
			 uses.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0240 - Term

Current through Register Vol. 63, No. 7, July 1, 2024
The permit period shall not exceed two years. If circumstances
				have not materially changed, the permit may be renewed for like periods upon
				application to the Department and upon showing due compliance with the original
				permit and applicable laws and regulations. Renewal applications shall be
				submitted to the Department at least 90 days before the expiration of the
				permit.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0250 - Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least 15
			 days before commencing a survey, the permittee shall provide notice as follows:
(a) For all surveys, written notice of the
			 specific survey site, including tract lines (if applicable), method of
			 operation, vessel name, and contact person on board the vessel to the
			 Department, Department of Fish and Wildlife, Department of Geology and Mineral
			 Industries, and any other state agencies specified in the permit. The director
			 shall take action on the notice as provided in OAR
			 141-010-0260(2)(k).
(b) For surveys involving towed cables or
			 equipment, public notice by publication in a newspaper of general circulation
			 in the survey region, and posted notice at various waterfront locations within
			 the survey region, such as bait shops, fuel docks and the harbormaster's
			 office.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0270 - Reporting

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If requested by
			 the director, the permittee shall submit to the Department monthly status
			 reports during periods of active survey operations. The reports shall be in a
			 form approved or prescribed by the Department.
(2) If requested by the director, the
			 permittee shall submit to the Department a final report of the survey
			 activities. The final report shall contain:
(a) A description of the work
			 performed;
(b) Charts, maps, or
			 plats depicting the areas in which survey activities were conducted,
			 specifically identifying the tract lines where surveying occurred, and
			 including a reference sufficient to identify the data produced during each
			 activity;
(c) The dates on which
			 survey activities were performed;
(d) A narrative summary of any adverse
			 effects of the survey activities on environment, aquatic life, cultural
			 resources, or other uses of the area in which the activities were
			 conducted;
(e) Interpretable
			 geological and/or geophysical data, collected pursuant to these rules and
			 processed in the normal course of permittee's operations, and unused core
			 samples or splits (the director may request such data, samples or splits at any
			 time within five years after completion of the survey);
(f) Such other descriptions of the activities
			 as may be specified by the Department, after consulting with the Department of
			 Geology and Mineral Industries, the Department of Fish and Wildlife, and other
			 affected state agencies.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0280 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
All proprietary information submitted by an applicant or
				permittee pursuant to these rules shall be treated as confidential trade
				secrets under ORS 192.500(1)(b)
				and shall not be disclosed to the public unless released by the permittee.
				Proprietary information includes, but is not limited to, the exact location of
				a survey and survey results.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
				  .735
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 10 - GENERAL › Section 141-010-0290 - Inspection, Enforcement, Cancellation of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon request by the director, a permittee
			 shall provide food and quarters for a representative of the director to observe
			 and inspect survey activities onboard the survey vessel.
(2) Upon oral or written notice to the
			 permittee, the director, or onboard representative of the director, may suspend
			 a permit upon a finding that:
(a) There is a
			 threat of serious damage to life (including fish and other aquatic life),
			 property, mineral deposits, or marine, coastal or human environment;
			 or
(b) The permittee has violated
			 any terms or conditions of the permit.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0200 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules:
(1)
			 Govern the granting of leases and licenses for the removal or use of:
(a) Rock, sand, gravel and silt derived from
			 state-owned submerged and submersible land (hereafter referred to as
			 "material"); and
(b) State-owned
			 dredged material that has been placed on either land controlled by the
			 Department of State Lands (hereafter referred to as "Department") or land
			 belonging to another person.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "
Applicant
" is any person applying for an authorization to remove
			 or use material, or the successful bidder at an auction prior to final lease
			 execution.
(2) "
Article of
			 Commerce
" is material that is bought, sold or exchanged in any manner
			 for goods or services and that otherwise would have to be acquired from
			 alternate sources. Material is not an article of commerce if it:
(a) Remains in-place on the upland where it
			 was first deposited for disposal after dredging (place first deposited) and is
			 not used for any purpose for which compensation is owed to the Department under
			 the provisions of these rules;
(b)
			 Is contaminated and put to beneficial use; or
(c) Is used solely for a public
			 purpose.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0220 - Policies and General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to Article VIII, Section 5(2) of
			 the Oregon Constitution, the State Land Board, through the Department, has a
			 constitutional responsibility to manage all Trust and Non-Trust Land under its
			 jurisdiction "with the object of obtaining the greatest benefit for the people
			 of this state, consistent with the conservation of this resource under sound
			 techniques of land management."
(2)
			 The Department will follow the guiding principles and resource-specific
			 management prescriptions contained in the Asset Management Plan, and consider
			 the comments received from federal, state and local governments, Indian Tribes
			 and interested persons when determining whether to authorize or condition a
			 lease or license for the removal or use of material.
(3) All material removed from state-owned
			 submerged and submersible land continues to be owned by the state regardless of
			 whether it is placed on state land or land belonging to another person until
			 such time that:
(a) A written transfer of
			 ownership of the material is issued by the Department as authorized by these
			 rules;
(b) The parcel, including
			 the material, is sold or exchanged by the Department to another person;
			 or
(c) The material is exempt by
			 law from the provisions of these rules.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0230 - Forms of Authorization Offered by the Department for the Removal or Use of Material

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Two
			 forms of authorization are available from the Department for the removal or use
			 of material: a lease or a license. The Department will determine not only if it
			 will issue an authorization, but also the form of that authorization.
(2) The specific form of authorization
			 offered by the Department will depend on the term and nature of the removal or
			 use requested by the applicant.
(3)
			 A lease will be the only form of authorization available from the Department if
			 the applicant wants an exclusive right to remove or use material from a
			 specific area for a term not to exceed 10 years.
(4) A license will be the only form of
			 authorization available from the Department if the applicant wants a
			 non-exclusive authorization to remove or use material for less than three
			 years.
Stat. Auth.: ORS
				  273.551,
				  274.525,
				  274.530,
				  274.550 &
				  274.560
Stats. Implemented: ORS 274 .525 & 274
				  .550
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0240 - Application Requirements for Removal of Material

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR141-014-0240(4),
			 any person wanting to remove material must:
(a) Apply in writing to the Department for a
			 lease or license using a form provided by the Department; and
(b) Submit:
(A) A fully completed application form
			 providing all required information;
(B) An operating plan for the removal or use
			 of material;
(C) Evidence
			 satisfactory to the Department that the proposed removal or use is in
			 conformance with the local comprehensive land use plan and zoning ordinances;
			 and
(D) A non-refundable
			 application processing fee payable to the Department to cover the
			 administrative costs of processing the application and issuing the
			 authorization.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0250 - Lease or License Application Review and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of
			 an application for a lease or license, the Department will determine:
(a) If the application is complete;
(b) If the subject area is available for the
			 requested removal;
(c) If, under
			 these rules, a lease or license is the required form of authorization;
			 and
(d) If additional information
			 is required concerning the:
(A) Proposed use
			 of the state land; and
(B)
			 Applicant's financial status, or past business and management practices, or
			 both.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0260 - Process for Offering a License for the Removal or Use of Material Either From State-owned Submerged and Submersible Land or that is Placed on an Upland Site (Dredged Material)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If, after completing the processes provided in OAR 141-014-0240(1) through (3) 
			 and 141-014-0250(1) through (5), the Department decides to offer a license for
			 the removal of material from either state-owned submerged and submersible land,
			 or for the removal of material that is located on upland (dredged material),
			 the Department will:
(a) Notify the applicant
			 in writing of the amount of compensation pursuant to OAR 141-014-0330  that the
			 applicant must remit to the Department to obtain the authorization, and of any
			 insurance and surety bond required by the Department pursuant to the
			 requirements of OAR 141-014-0370; and
(b) Include with the notification a draft
			 copy of the license.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0270 - Process for Offering a Lease for the Removal or Use of Material From State-Owned Submerged and Submersible Land

Current through Register Vol. 63, No. 7, July 1, 2024
If, after completing the processes provided in OAR 141-014-0240(1) through (3)  and 141-014-0250(1) through (5), the Department decides to
				offer a lease for the removal of material from state-owned submerged and
				submersible land, the Department will, pursuant to the requirements of ORS
				274.040, offer a preference
				right to lease to the eligible party as defined in OAR 141-014-0210(30) and
				(31), hereafter referred to as the preference right holder. The Department will
				take the following steps to offer this preference right.
(1) If the proposed lease area consists of a
			 single parcel, or two or more contiguous parcels owned by the same person, the
			 Department will extend the boundaries of the single parcel or combined group of
			 single-ownership parcels perpendicular to the thread of the stream creating a
			 single lease parcel that fronts and abuts the upland ownership.
(2) If the proposed lease area consists of
			 parcels having different owners, the Department will subdivide the requested
			 lease area into smaller parcels by extending lines perpendicular to the thread
			 of the stream from the boundaries of, or within the boundaries of the adjacent
			 riparian tax lot so that there is a separate lease parcel for each parcel of
			 property that fronts and abuts the lease area.
(3) In accordance with the proposed use(s),
			 the Department will calculate in a manner consistent with OAR 141-014-0320  and
			 141-014-0330  a minimum annual compensatory payment for each lease parcel. The
			 minimum bid or compensation amount shall be established by the Department based
			 on the:
(a) Compensation rate in effect at the
			 time that the application is received by the Department; and
(b) The amount of material that the applicant
			 states on their application they intend to remove or use each year for the term
			 of the lease requested.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0280 - Process for Offering a Lease for the Removal or Use of Material that Has Been Placed on an Upland Site (Dredged material)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A preference right to lease is not
			 available to the owner of land underlying or adjacent to dredged material that
			 has been deposited on an upland site.
(2) If after completing the processes
			 provided in OAR 141-014-0240(1) through (3)  and 141-014-0250(1) through (5), an
			 application is for a lease to remove or use material placed on an upland site,
			 the Department will determine if it wants to offer the requested material or
			 site through a public auction.
(3)
			 If the Department decides to make the requested area available at public
			 auction, it will prepare and publish an advertisement for bids. The minimum bid
			 or compensation amount will be established by the Department based on the:
(a) Compensation rate in effect at the time
			 that the application is received by the Department; and
(b) The amount of material that the applicant
			 states on their application they intend to remove or use each year for the term
			 of the lease requested.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-125-0290 - Competitive Bidding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will give Notice of Parcel Availability and provide an opportunity
			 for applications to be submitted if the Department:
(a) Is required to offer all or part of the
			 subject area for competitive bid because the preference right holder did not
			 exercise their preference right to take a lease; or
(b) Decides to offer material and parcels
			 containing material for which no application has been received.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0300 - Measurement Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may at its discretion allow an applicant, lessee or licensee who is
			 unable to measure and report the amount of material removed or used in cubic
			 yards to measure and report the quantity in short tons. However, the
			 Department:
(a) Will only allow an applicant,
			 lessee or licensee to report removal and use of material in short tons if they
			 develop, at their own expense, a short ton-to-cubic yard conversion factor
			 based on tests of the material;
(b)
			 Reserves the right to accept or reject the short ton-to-cubic yard conversion
			 factor; and
(c) May at any time
			 during the term of the lease or license require the lessee or licensee to
			 re-establish, at their own expense, the validity of the conversion
			 factor.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0310 - Activities Subject to Payment of Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise specifically exempted by
			 OAR 141-014-0320, all material removed or used is subject to payment of
			 compensation to the Department.
(2)
			 Compensation will be paid and is owed to the Department if the material is:
(a) Removed by any person directly from
			 state-owned submerged and submersible land and subsequently:
(A) Bought by that person;
(B) Sold by that person; or
(C) Exchanged by that person in any manner
			 for goods or services which otherwise would have to be acquired from other
			 sources;
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0320 - Compensation Exempt Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Numerous exemptions to the payment of compensation to the Department are
			 provided in ORS 274.550.
(2) Compensation is not owed to the
			 Department if:
(a) The material is removed or
			 used for a public purpose, and
(b)
			 The Department is notified in writing of the proposed removal, use or disposal
			 for a public purpose at least 30 days prior to when the removal, use or
			 disposal will begin.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0330 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each lessee or
			 licensee must pay compensation to the Department in an amount based on quantity
			 of material actually removed or used during that reporting period multiplied by
			 the compensation rate in effect at the time of the removal or use.
(2) The Department will establish for each
			 lease and license the basis for which payment of compensation shall be
			 calculated and paid, as well as the reporting period.
(3) Each lessee and licensee must on a
			 monthly basis or as otherwise required as a term and condition of the lease or
			 license:
(a) Report to the Department the
			 amount of material removed or used; and
(b) Calculate and submit to the Department
			 the amount of compensation owed to the Department as provided in the lease or
			 license.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0340 - Lease and License Modifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lessee or licensee must submit a new
			 application to the Department if they want to:
(a) Enlarge the area they are authorized to
			 use under their lease or license;
(b) Increase the amount of material they want
			 to remove; or
(c) Make substantial
			 changes to the operating plan as determined by the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 14 - RULES FOR AUTHORIZING LEASES AND LICENSES FOR THE REMOVAL OR USE OF ROCK, SAND, GRAVEL AND SILT DERIVED FROM STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-014-0350 - General Lease and License Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All leases are exclusive and will only be
			 offered through a competitive bid auction procedure except when:
(a) The applicant is the preference right
			 holder of the area for which an application is received;
(b) A preference right holder accepts an
			 offer by the Department to enter into a lease for the state-owned submerged and
			 submersible land fronting their upland; or
(c) The Director determines that the best
			 interests of the Department and the policies provided in OAR 141-014-0220  are
			 served by offering the lease to the applicant.