reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0660 - Cancellation of Mining Lease

Current through Register Vol. 63, No. 7, July 1, 2024
The Division may commence proceedings to cancel a mining lease
				if:
(1) A lessee is in continued
			 violation of terms and conditions of the lease including but limited to the
			 requirement thereof to exercise due diligence in exploring, developing, and
			 operating under the mining lease, beyond 30 days after receipt of notice in
			 writing of such violation from the Division.
(2) The lessee submitted false information in
			 its application or in any other document required to be submitted to the
			 Division; or
(3) The lessee has
			 changed its method of exploring, developing, or producing mineral resources
			 under the lease without first securing the approval of the Division.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0100 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules govern the release, sale or exchange of mineral rights held by
			 agencies of the State of Oregon other than the State Land Board and the
			 Department of State Lands.
(2) The
			 procedures contained in these rules shall be used by the State Land Board and
			 the Department to review proposed releases, sales or exchanges of properties by
			 state agencies to determine if the state should release, sell or exchange the
			 mineral rights that may be a part of these properties.
(3) These rules do not apply to the release,
			 sale or exchange of mineral rights held by the State Land Board and
			 administered by the Department. These activities are governed by the Rules
			 Governing the Sale, Exchange and Purchase of Land (OAR 141-067).
Stat. Auth.: ORS
				  273.045,
				  273.551 &
				  273.775 -
				  273.790
Stats. Implemented: ORS
				  273.780 -
				  273.790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agency" or
			 "State Agency" as defined in ORS
			 291.002(9)
			 means every state officer, board, commission, department, institution, branch
			 or agency of the state government whose costs are paid wholly or in part from
			 funds held in the State Treasury, except:
(a)
			 The Legislative Assembly, the courts and their officers and
			 committees;
(b) The Public Defense
			 Services Commission; and
(c) The
			 Secretary of State and the State Treasurer in the performance of the duties of
			 their constitutional offices.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0110 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 273.780 requires that:
(a) The mineral rights in property owned by
			 any agency of the State of Oregon, or retained by a state agency after the sale
			 or exchange of such property, are the property of the State of
			 Oregon.
(b) Except as provided in
			 ORS 273.785:
(A) Proceeds from the mineral rights held by
			 the state shall accrue to the Common School Fund, and
(B) The State Land Board shall act for the
			 state in any transaction involving the exploration for, or development, sale or
			 exchange of mineral rights belonging to the State of Oregon.
(C) All mineral rights owned by the State of
			 Oregon shall be retained by the state unless the State Land Board determines
			 that the sale or exchange of the rights is for the purpose of "..obtaining the
			 greatest benefit for the people of this state consistent with the conservation
			 of lands under its jurisdiction under sound techniques of land managemen.." as
			 provided by Article 8, Section 5(2) of the Oregon State Constitution.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0115 - Mineral Right Release, Sale and Exchange Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State agencies
			 that want to release, sell or exchange mineral rights shall notify the
			 Department in writing of the details of the proposed release, sale or exchange
			 at least sixty days prior the date of the proposed transaction. This
			 notification shall include:
(a) The legal
			 description of the subject mineral rights to be conveyed as contained in the
			 deed;
(b) A legal description of
			 the property limits on which the subject mineral rights occur;
(c) A tax lot map on which the boundaries of
			 the subject property and mineral rights are identified;
(d) A map showing the location of the subject
			 property and mineral rights relative to urban growth boundaries;
(e) The zoning of the land on which the
			 mineral right is located;
(f) Any
			 appraisals that have been conducted of the property, particularly those that
			 address the value of the subject mineral rights;
(g) Any geologic reports, mineral and
			 geothermal resource evaluations, appraisals, and other relevant information
			 concerning the subject mineral rights held by the agency requesting the
			 release, sale or exchange of the mineral rights;
(h) The reason(s) the agency wants to
			 release, sell or exchange the mineral rights;
(i) The name, address, and telephone number
			 of the person who wants to acquire the subject state-owned mineral
			 rights;
(j) The consideration being
			 offered by the person requesting the release, sale or exchange of the
			 state-owned mineral rights; and
(k)
			 Documentation that the agency requesting the release, sale or exchange has
			 completed the Department of Administrative Services' surplus property process
			 (OAR 125-045).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0118 - Mineral Right Release or Sale Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the subject mineral right proposed for
			 release or sale is owned by an agency other than the Department:
(a) The Department shall request a mineral
			 resource consultant to conduct a preliminary evaluation of the mineral right.
			 This evaluation will be the opinion of the mineral resource consultant
			 regarding the actual or possible presence, extent and grade of, and demand for
			 the mineral resources within the mineral right, and will be presented in
			 writing to the Department.
(b) If
			 no significant mineral or geothermal resources are believed by the mineral
			 resource consultant to exist, the Department will submit the request to the
			 Land Board for its consideration. If Land Board approval is granted, the
			 Department will release the state-owned mineral rights to the agency/person
			 applying for them.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0125 - Form of Reservation

Current through Register Vol. 63, No. 7, July 1, 2024
Whenever mineral or geothermal resources rights are retained in
				lands, the deed executed by the state agency selling or exchanging the surface
				rights shall contain the following reservation clause:
"Excepting and reserving to itself, its successors, and
				assigns all minerals as defined in ORS
				273.775(1),
				including soil, clay, stone, sand, and gravel*, and all geothermal resources,
				as defined in ORS 273.775(2),
				together with the right to make such use of the surface as may be reasonably
				necessary for prospecting for, exploring for, mining, extracting, reinjecting,
				storing, drilling for, and removing, such minerals, materials*, and geothermal
				resources. In the event use of the premises by a surface rights owner would be
				damaged by one or more of the activities described above, then such owner shall
				be entitled to compensation from state's lessee to the extent of the diminution
				in value of the real property, based on the actual use by the surface rights
				owner at the time the state's lessee conducts any of the above
				activities."
NOTE:
*To be deleted in the individual case, as
				approved by the State Land Board.
Stat. Auth.: ORS
				  273.045,
				  273.551 &
				  273.775 -
				  273.790
Stats. Implemented: ORS
				  273.780 -
				  273.790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD › Section 141-073-0215 - Minerals Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to the provisions of ORS
			 273.790, the Department shall
			 establish and maintain a registry of mineral and geothermal resource rights
			 placed under the jurisdiction of the State Land Board.
(2) This registry shall be used by the
			 Department, all state agencies, and the public to know:
(a) The location of mineral rights owned by
			 the State of Oregon; and
(b) The
			 availability of these rights for exploration and mineral leasing.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0010 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0015 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0020 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0035 - Environmental Protection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division must consider alternative actions that will minimize adverse impacts
			 and both the long and short range implications to man, his physical and social
			 surroundings, and to nature, in order to avoid or minimize to the fullest
			 practicable extent all undesirable consequences for the environment.
			 Environmental impact assessment parallels and is concurrent with the process by
			 which alternative means are developed to meet objectives based on expressed
			 needs.
(2) Therefore, the Division
			 will require an environmental impact assessment which documents the factors
			 considered by the applicant in his formulation of the geothermal project for
			 which a state lease is required. Lease terms subsequently submitted to the
			 applicant will include the specific environmental protections deemed necessary
			 by the Division in concurrence with the state agency holding jurisdiction over
			 surface rights.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0045 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0050 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0055 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0060 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0110 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0130 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0140 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0145 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0150 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0155 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0160 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0165 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0170 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0175 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0180 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0190 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0195 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0205 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0210 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0215 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0220 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0225 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0230 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0235 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0240 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0245 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0250 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0255 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0260 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0265 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0270 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0275 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0280 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0285 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0290 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0295 - Requirements After Discovery

Current through Register Vol. 63, No. 7, July 1, 2024
Upon making an initial geothermal discovery, the lessee
				shall:
(1) Submit a proposed testing
			 program to the Division of State Lands. The Director may require amendments to
			 the testing program by written notice to the lessee within 30 days following
			 receipt of the submission.
(2)
			 Proceed to obtain legal confirmation of the well's primary purpose, i.e.
			 geothermal production.
(3) The
			 lessee shall provide certified copies of all tests and measurements made in
			 conjunction with the testing program. If the Director finds the tests, as
			 performed, or the data therefrom are not adequate to evaluate the geothermal
			 resource, he may require other tests to be made, consistent with the usual
			 operating practices of the geothermal industry.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0300 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0305 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0310 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0315 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0320 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0325 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0330 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0335 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0340 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0345 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0400 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0405 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0460 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0465 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0470 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0475 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0480 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0520 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0525 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0530 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0535 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0540 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0545 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0550 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0555 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0560 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0565 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0570 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 75 - GEOTHERMAL LEASE REGULATIONS (Repealed) › Section 141-075-0575 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .045, ORS 273 .551 & ORS 273
				  .780
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 80 - LOWER WILLAMETTE RIVER MANAGEMENT PLAN › Section 141-080-0105 - Lower Willamette River Management Plan

Current through Register Vol. 63, No. 7, July 1, 2024
The
1992 Lower Willamette River Management Plan
as
				promulgated by the State Land Board and the Division of State Lands is hereby
				adopted by reference.
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS
				  273.045
Stats. Implemented: ORS 273 .045
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 81 - NAVIGABLE RIVERS OF OREGON › Section 141-081-0050 - Navigable Rivers of Oregon

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 State of Oregon, acting by and through its State Land Board, hereby declares,
			 on the basis of investigations and hearings held under ORS 274 .029 and ORS 274
			 .034, that the Rogue River is a navigable river of the State of Oregon from
			 Grave Creek (River Mile 68.4) to Gold Beach, Oregon, (River Mile 0.0). The
			 Rogue River is navigable by virtue of the fact that on February 14, 1859, it
			 was susceptible of being used in its ordinary condition as a highway for
			 commerce, trade, and travel in the customary modes of trade and travel on
			 water.
NOTE
: This determination and declaration applies
				only to the river reach referred to herein and does not imply that any other
				reach of the river is navigable or non-navigable pursuant to ORS 274 .029 and
				274.034.
(2) The State of Oregon, acting by and
			 through its State Land Board, hereby declares, on the basis of investigations
			 under ORS 274 .029 and
			 274.034, that the McKenzie River
			 is a navigable river of the State of Oregon from its confluence with the
			 Willamette River to a point known as Dutch Henry Rock, near River Mile
			 37.
(3) The State of Oregon, acting
			 by and through its State Land Board, hereby declares, on the basis of
			 investigations under ORS 274 .029 and ORS 274 .034, that the Umpqua River is a
			 navigable river of the State of Oregon from its mouth (River Mile 0.0) near
			 Winchester Bay, Oregon, to the head of tidewater (approximately River Mile 28)
			 near Scottsburg, Oregon.
Stat. Auth.: ORS 274
Stats. Implemented: ORS 274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0250 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules:
(a) Govern the granting and
			 renewal of leases, public facility licenses and registrations (hereafter
			 collectively referred to as waterway use authorizations) for a wide variety of
			 commercial, non-commercial, and public uses in, on, under or over state-owned
			 submerged and submersible land.
(b)
			 Do not apply to the granting of:
(A) Easements
			 on state-owned submerged and/or submersible land governed by Division 122 or
			 Division 123 of the Department's administrative rules;
(B) Authorizations for hydroelectric projects
			 on state-owned Trust and Non-Trust Land governed by Division 87 of the
			 Department's administrative rules;
(C) Authorizations for the removal or use of
			 rock, sand, gravel and silt from state-owned submerged and/or submersible land
			 governed by Division 14 of the Department's administrative rules;
(D) Authorizations for special uses of
			 state-owned submerged and/or submersible land such as for short term access;
			 the conduct of scientific experiments and the removal of sunken logs governed
			 by Division 125 of the Department's administrative rules;
(E) Authorizations for ocean energy
			 conversion devices and fiber optic and other cables in, on or over the
			 Territorial Sea governed by Divisions 140 and 83 of the Department's
			 administrative rules;
(F)
			 Authorizations for remediation and habitat restoration activities governed by
			 Division 145 of the Department's administrative rules; and
(G) Authorizations for uses and structures
			 specifically governed by any other chapter of the Department's administrative
			 rules.
(c) Provide that
			 all uses of, and structures occupying state-owned submerged and submersible
			 land not otherwise exempt from authorization under these rules, require prior
			 written authorization from the Department pursuant to these rules.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0265 - Types of Uses and Required Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All uses of, and structures occupying
			 state-owned submerged and submersible land not otherwise exempt from
			 authorization under these rules, require prior written authorization from the
			 Department pursuant to these rules.
(2) Uses and structures requiring leases
			 include, but are not limited to:
(a)
			 Aquaculture facilities;
(b) Marine
			 industrial/marine service uses;
(c) Floating homes, floating home moorages,
			 and other dwellings;
(d) Fish or
			 other processing facilities, sea water desalination and mineral extraction
			 facilities;
(e) Log raft, log
			 storage or log booming areas;
(f)
			 Historical vessel moorages;
(g)
			 Commercial and non-commercial marinas;
(h) Multi-family docks not qualifying for
			 registration;
(i) Non-marine uses
			 (for example, restaurants, warehouses, offices, motels, etc.);
(j) Individual non-commercial docks/floats,
			 boathouses, and floating recreational cabins not qualifying for registration or
			 public facility license;
(k)
			 Commercial, industrial or residential uses;
(l) Water taxi, cruise ship and tour boat
			 moorages;
(m) Ownership-oriented
			 facilities; and
(n) Other similar
			 uses and structures not exempted by statute or these administrative rules, and
			 determined by the Director to be subject to lease.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0270 - Wharf Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person owning a wharf located on state-owned submerged and submersible lands
			 must certify that the structure is a wharf. The certification of the wharf
			 shall be on a form provided by the Department. There is no fee associated with
			 submission of a wharf certification.
(2) Upon receipt of a wharf certification
			 form, the Department shall review it for completeness. If the structure is a
			 wharf as defined in ORS
			 780.040 and in these rules, the
			 Department shall issue to the owner a written certification that the structure
			 is a wharf. There is no compensation due the Department for a wharf
			 certification.
(3) In applying the
			 definition of a wharf as set forth in ORS
			 780.040 and in these rules, the
			 following criteria will apply, where appropriate:
(a) A "government function," as used in this
			 section, is an activity engaged in by federal, state or local government
			 agencies in order to protect the health and safety of the public they serve;
(b) A ship, boat or vessel owned
			 by a federal, state, or local government agency is engaged in a government
			 function if it is exclusively dedicated to the performance of a government
			 function and is either currently engaged in the performance of a government
			 function (such as a ship owned or under contract to a government agency such as
			 the United States Navy, United States Coast Guard, United States Army Corps of
			 Engineers, or a fire, police or sheriff's department), or if not currently
			 engaged in the performance of a government function, is able to be quickly
			 activated to perform the function for which it is dedicate (such as a United
			 States Maritime Administration Ready Reserve Force ship).
(c) A structure used to load and unload
			 passengers from a ship, boat or vessel transporting passengers (such as a
			 passenger ferry, cruise ship, or tour boat) is not a structure engaged in the
			 receipt and discharge of goods or merchandise.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0275 - Application Requirements for a Lease or Public Facility License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 wanting to use state-owned submerged and submersible land that is subject to a
			 lease or public facility license must, using a form provided by the Department,
			 apply for and obtain the required authorization prior to using the submerged
			 and submersible land.
(2) All
			 applications for a lease or public facility license must be fully completed and
			 accompanied by a non-refundable fee payable to the Department in the amount of
			 $750.
Stat. Auth.: ORS 183, 273, 274
Stats. Implemented: ORS
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0280 - Lease and Public Facility License Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of
			 an application for a lease or public facility license to use state-owned
			 submerged and submersible land, the Department shall review it for completeness
			 and to determine if it is for a use that conforms to the provisions of these
			 rules. If the application is complete and the use conforms to the provisions of
			 these rules, the application shall be deemed accepted by the
			 Department.
(2) If an application
			 for a lease or public facility license is determined by the Department to be
			 incomplete, the Department shall notify the applicant of the additional
			 information required. If a rejected application is resubmitted within 120
			 calendar days from the date the Department returned the application, no
			 additional application fee shall be assessed.
(3) If more than one application for a
			 specific area is received by the Department, the Department shall determine
			 which proposed use best fulfills the general provisions specified in OAR
			 141-082-0260.
			 The Department shall then accept and proceed with that application and deny the
			 others.
(4) Notwithstanding the
			 provisions of OAR 141-082-0260(6)(a), the Department may accept an application
			 for a use or structure that is not currently allowed under local land use laws,
			 or that requires a conditional use permit from the local government agency, if
			 the applicant is actively pursuing in good faith a change to the local land use
			 laws or a conditional use permit that would enable the use to occur, provided
			 the Department has approved the change under OAR 141-082-0260(7).
(5) The Department may reject an application
			 for a lease or public facility license if:
(a) The applicant's financial status or past
			 business/management practices or experience indicates that they may not:
(A) Be able to fully meet the terms and
			 conditions of a lease or other form of authorization offered by the Department;
			 or
(B) Use the land applied for in
			 a way that meets the provisions of OAR 141-082-0260(2) and (3).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0285 - General Lease and Public Facility License Conditions and Form

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 shall only offer a standard form of lease or public facility license that has
			 been approved by the Department of Justice.
(2) Subject to the terms of an existing lease
			 or public facility license or as otherwise agreed by the Department, the
			 applicant shall have ninety (90) calendar days from the date of offer to
			 execute a lease or public facility license with the Department. The Department
			 may revoke the offer after ninety days, at which time the applicant may
			 re-apply for the proposed use in accordance with OAR
			 141-082-0275(3).
			 Unless otherwise approved by the Director, the initial term for a lease or
			 public facility license for state-owned submerged and submersible land shall
			 not exceed 15 years. The length of the initial term for a lease or public
			 facility license shall be determined by the Department and shall be based on:
(a) Whether the proposed use is reasonably
			 expected to exist for the time period requested by the applicant;
(b) Requirements imposed by financial
			 institutions as a condition of project financing; and
(c) The general provisions contained in these
			 rules.