reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 45 - ADMINISTRATION OF UNCLAIMED PROPERTY (REPEALED) › Section 141-045-0185

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: ORS
				  98.302  - 98.436 & ORS
				  273.045
Statutes/Other Implemented: ORS
				  98
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0450 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide a central and
				continuing register of areas in Oregon which contain significant natural
				heritage resources and special species, and describe the process used to
				register properties on the Oregon Register of Natural Heritage Resources. Ref.
				ORS 273.581, Chapter 208, Oregon
				Laws 1981.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0525 - Acceptance of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 State Land Board may accept monies for, but not limited to, documents and
			 services under these rules.
(2) The
			 Board may apply for and accept grants, contributions and assistance from any
			 federal, state or local government agency and any private foundation for the
			 purpose of carrying out the provisions of ORS
			 273.561 to
			 273.591 and Chapter 208, Oregon
			 Laws 1981.
(3) All monies received
			 by the Board shall be paid into the State Treasury and credited to the account
			 of the Natural Heritage Program. Ref. ORS
			 273.591.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0900 - Criteria for Inclusion in Register

Current through Register Vol. 63, No. 7, July 1, 2024
Criteria to be included within the Register must be determined
				by the Council to fulfill not only the definition of a natural area but the
				element and site considerations within the Priorities and Criteria for
				Conservation in the Plan, ORS
				273.563 to
				273.591 and Chapter 208, Oregon
				Laws 1981. The following criteria will be used in evaluating a natural area
				proposed for inclusion in the Register:
(1) The priority for protection of the
			 primary element objective and other elements in the site as presented in the
			 Plan;
(2) The element occurrence(s)
			 is an adequate representative of the type;
(3) The extent to which each natural heritage
			 resource has retained its natural character, i.e., a measurement of the degree
			 of human caused disturbance;
(4)
			 The health and viability of the element occurrence(s), i.e., the ability of
			 each element occurrence to perpetuate itself or its natural sequence of
			 development in the area;
(5) The
			 number of natural heritage resources or elements which will be adequately
			 represented in the area;
(6) The
			 degree of uniqueness, and educational and natural interpretation values of a
			 geologic resource(s);
(7) The
			 priority of protection given to each special species of plant or animal
			 presented in the Plan;
(8) The
			 contribution the particular area will make to the protection of the special
			 species; and
(9) Manageability,
			 i.e., the capability of being managed so as to protect and to maintain the
			 natural values, as well as to make it available and useful for its designated
			 purposes.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0905 - Procedures for Registering

Current through Register Vol. 63, No. 7, July 1, 2024
Each proposal for the Register, together with field evaluation,
				maps and sufficient data to complete the register file, shall be reviewed by
				the Council:
(1) A proposal for the
			 Register of private land shall contain the written consent of the
			 landowner.
(2) After review and
			 recommendation by the Council, the Board may place a site onto the Register, or
			 remove a site from the Register. The Board shall notify the Council of its
			 decision.
(3) A voluntary
			 management agreement may be developed between the Board and a private
			 landowner, or agency, of a site on the Register, with the assistance of the
			 Council.
(4) Any area(s) designated
			 by a federal or state agency, having been established by public hearing, may be
			 entered onto the Register by the Council.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0915 - Register File

Current through Register Vol. 63, No. 7, July 1, 2024
The Register may include file(s) of registered natural
				areas:
(1) The card file may include
			 name of natural area, location, size, ownership, register category, and
			 principal Natural Heritage Resource(s) and special species. The card file may
			 be cross referenced by county and principal resource.
(2) The data file may include:
(a) Data Form -- Comprehensive information
			 compiled for each natural area;
(b)
			 Instrument of Dedication -- Or other documents certifying official
			 dedication;
(c) Consent Form --
			 Written consent for natural areas on private land;
(d) Supportive Data -- Includes maps,
			 photographs, remote sensing imagery, species lists, field notes, reports,
			 research papers, and references to other information available;
(e) Cross references to the Data Bank -- To
			 data file, computer and manual file consistent with data bank
			 components;
(f) Implementation Data
			 -- Written management agreement pertaining to the natural area;
(g) Summary Sheet -- A map and one page
			 summary of information about each area which can be duplicated and circulated
			 to appropriate authorities.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0920 - Location and Maintenance of Register

Current through Register Vol. 63, No. 7, July 1, 2024
The data files of the Oregon Register of Natural Heritage
				Resources will be located at the Oregon Natural Heritage Information Center
				office in Portland, OR, and will be maintained by the
				Council.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0925 - Register Review

Current through Register Vol. 63, No. 7, July 1, 2024
The Register shall be reviewed and updated every five years by
				the Council.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0930 - Register Withdrawal

Current through Register Vol. 63, No. 7, July 1, 2024
Registered natural areas may be withdrawn from the Register by
				the State Land Board upon the recommendation of the Council. Specific reasons
				must be given for withdrawal.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0935 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose and scope of dedication is to establish and
				maintain the integrity of the Plan, and the Program, by means of written formal
				recognition and protection of an area of land and/or water for natural heritage
				conservation purposes.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0940 - Instruments of Dedication

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Private Dedication -- A private individual or organization which is the owner
			 of any registered natural area may voluntarily agree to dedicate that area as a
			 Natural Heritage Conservation Area by executing with the Board, following
			 review by the Council, an instrument of dedication. Instrument provisions and
			 policies include, but are not limited to, the following:
(a) An agreement that provides each element
			 in the Natural Heritage Conservation Area with the most secure protection
			 obtainable;
(b) An unlimited period
			 of time, or a term sufficiently long to warrant dedication
			 protection;
(c) Permission for
			 conducting scientific research and other activities shall be commensurate with
			 Program objectives;
(d) Management
			 policies for the site, which may include all or part of the Management of
			 Natural Heritage Conservation Areas in OAR 141-050-0935  through
			 141-050-0999;
(e) Termination of
			 dedication may occur upon written notification to the Board, including specific
			 reasons for termination, and provision by the Council of opportunity for
			 adequate public notice and hearing.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0952 - Publicity

Current through Register Vol. 63, No. 7, July 1, 2024
Information about a Natural Heritage Conservation Area and
				appropriate descriptive material may be developed and made available to
				interested persons. However, publicity which would tend to encourage the
				general public to visit a Natural Heritage Conservation Area in greater numbers
				than its carrying capacity shall be avoided.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0954 - Reports

Current through Register Vol. 63, No. 7, July 1, 2024
At regular intervals the Council shall make or cause to be made
				for each Natural Heritage Conservation Area a record of management activities
				and other influences affecting each Natural Heritage Conservation
				Area.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0956 - Instruments

Current through Register Vol. 63, No. 7, July 1, 2024
The instruments of dedication shall include, but not be limited
				to:
(1) The size, location, purpose,
			 and resources of the Natural Heritage Conservation Area;
(2) A management scheme written for each
			 Natural Heritage Conservation Area which describes:
(a) The conservation objective of the
			 area;
(b) Proscribed, allowed and
			 prohibited activities on the area; and
(c) Provisions as consistent as possible with
			 the following practices in OAR
			 141-050-0952  through
			 141-050-0996,
			 which shall, unless otherwise noted, be a part of each management
			 scheme.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0960 - Natural Heritage Conservation Area Manager

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the instruments of dedication, managers of a
				Natural Heritage Conservation Area shall not take any action or fail to take
				any action which is in conflict with a statute, rule regulation or policy
				relating to an agency having an interest in or responsibility for the Natural
				Heritage Conservation Area.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0962 - Fire

Current through Register Vol. 63, No. 7, July 1, 2024
Prescribed fire may only be used as a management tool in such
				areas or situations where fire is needed to maintain or protect a Natural
				Heritage Conservation Area as an ecosystem type specified in the management
				scheme
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0964 - Water Level Control

Current through Register Vol. 63, No. 7, July 1, 2024
Natural Heritage Conservation Areas shall be managed to
				maintain their natural water levels. Water levels which have previously been
				altered by man may be changed if provided for in the management scheme as
				essential for the restoration of natural conditions.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0965 - Disturbance of Natural Features

Current through Register Vol. 63, No. 7, July 1, 2024
The management of Natural Heritage Conservation Areas shall not
				include the cutting or removal of vegetation or the disturbance of other
				natural features, except that which is essential to carry out the management
				scheme enumerated in these rules.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0966 - Visitor Protection

Current through Register Vol. 63, No. 7, July 1, 2024
Guard rails, fences, steps, and bridges may be provided when
				essential to the safety of a reasonable alert and cautious
				visitor.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0967 - Erosion Control

Current through Register Vol. 63, No. 7, July 1, 2024
Erosion and soil deposition due to disturbances of natural
				conditions by man within or outside a Natural Heritage Conservation Area may be
				controlled as provided in the management scheme.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0968 - Scenic or Landscape Management

Current through Register Vol. 63, No. 7, July 1, 2024
No measures or actions shall be taken to alter the natural
				growth or features of a Natural Heritage Conservation Area for the purpose of
				enhancing its neatness, beauty, or amenities.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0970 - Control of Succession

Current through Register Vol. 63, No. 7, July 1, 2024
Control of succession may be undertaken only if maintenance or
				restoration of a particular ecosystem type or preservation of threatened or
				endangered species is designated in the instruments of dedication as an
				objective of the Natural Heritage Conservation Area. Based on scientific
				evidence of necessity, successional control measures may be undertaken as
				provided in the management scheme. Such measures shall be applied with caution
				and only to that part of the area as is necessary.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0972 - Control of Introduced Plant Species

Current through Register Vol. 63, No. 7, July 1, 2024
Control of introduced plant species may be undertaken as
				provided in the management scheme.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0974 - Control of Wildlife Populations

Current through Register Vol. 63, No. 7, July 1, 2024
The control of wildlife populations on Natural Heritage
				Conservation Areas shall be by agreements between the Board and Oregon
				Department of Fish and Wildlife, or other agency. Insofar as practical any
				control measures applied shall be to correct those situations where wildlife
				populations are significantly affecting natural conditions on a Natural
				Heritage Conservation Area.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0976 - Introduction and Management of Special Species

Current through Register Vol. 63, No. 7, July 1, 2024
The introduction into or the management of a Natural Heritage
				Conservation Area for special wildlife species shall be by agreement between
				the Board and the Oregon Department of Fish and Wildlife, Oregon Department of
				Agriculture or other agency as provided in the management
				scheme.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0980 - Use Tolerance

Current through Register Vol. 63, No. 7, July 1, 2024
The management scheme shall set forth the use tolerance or
				durability of all or any portion of a Natural Heritage Conservation Area and
				specify the steps to be taken if overuse occurs.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0982 - Collecting Permits

Current through Register Vol. 63, No. 7, July 1, 2024
A person wishing to collect material from a site for the
				purposes of research, education or restoration within a Natural Heritage
				Conservation Area shall secure written permission from:
(1) The Board; and
(2) The owner of the land; and
(3) The appropriate agency if any, including
			 but not limited to the Oregon Department of Fish and Wildlife.
Stat. Auth.: ORS 273
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0990 - Boundary Markers

Current through Register Vol. 63, No. 7, July 1, 2024
When feasible, boundaries of a Natural Heritage Conservation
				Area may be made clearly evident by placing markers at corners or other
				strategic locations or by boundary signs.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0992 - Fences

Current through Register Vol. 63, No. 7, July 1, 2024
Fences and barriers may be installed as provided in the
				management scheme.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0994 - Trails

Current through Register Vol. 63, No. 7, July 1, 2024
The location and specifications of any trails may be
				established in the management scheme. Trails shall be adequate to provide for
				permitted use of a Natural Heritage Conservation Area, but otherwise kept to a
				minimum. The use of paving materials, footbridges and elevated walks may be
				permitted when necessary.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0996 - Other Structures and Improvements

Current through Register Vol. 63, No. 7, July 1, 2024
Signs and temporary research installations may be permitted
				within a Natural Heritage Conservation Area. No other structures or facilities
				shall be located within a Natural Heritage Conservation Area except as provided
				in the management scheme on these rules.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0998 - Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may review and approve or disapprove any modification
				to the Plan submitted by the Council.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 50 - OREGON NATURAL HERITAGE PROGRAM RULES › Section 141-050-0999 - Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The State Land Board may waive all or any part of these rules
				which would prevent the establishment, management, or protection of a Natural
				Heritage Conservation Area if such rule is in conflict with a statute, rule,
				regulation, or policy relating to an agency having an interest in or
				responsibility for the Natural Heritage Conservation Area.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .563 - ORS 273
				  .591
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide criteria and
				procedures to be used by the Oregon State Land Board and the Division of State
				Lands in distributing monies from the Oregon Rural Rehabilitation (ORR) Fund.
				The rules are to be construed in accordance with ORS
				566.310 through
				566.360 and with the 1975 Use
				Agreement between the Board and the U.S. Department of Agriculture, Farmers
				Home Administration Program.
Stat. Auth.: ORS 566
Stats. Implemented: ORS
				  566.310 - ORS
				  566.360
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Fund" means
			 the Oregon Rural Rehabilitation (ORR) Fund.
(2) "Assets" means the principle of the Fund
			 and all income, proceeds, and acquisitions derived from it.
(3) "Farms" means farms or ranches located
			 within the boundaries of this state.
(4) "Farmers" means individuals who operate
			 farms or ranches located within the boundaries of this state and who are
			 residents of this state.
(5)
			 "Board" means the Oregon State Land Board.
(6) "Division" means the Division of State
			 Lands.
Stat. Auth.: ORS 566
Stats. Implemented: ORS
				  566.310 - ORS
				  566.360
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0015 - Uses of the Fund

Current through Register Vol. 63, No. 7, July 1, 2024
As outlined in the 1975 Use Agreement between the state and the
				federal government, assets of the Fund may be used for one or more of the
				following farm-related purposes:
(1)
			 Loans to farmers made for acquisition or development of farms or for
			 refinancing farm real estate debts;
(2) Loans to farmers for farm operating
			 expenses;
(3) Loans or grants to
			 farmers for flood prevention or restoration projects;
(4) Loans or grants for farm labor housing
			 and related facilities;
(5) Loans
			 or grants for educational expenses for farmers, members of their families, or
			 farm laborers; and
(6) Loans or
			 grants for farming-oriented projects carried out by youth organizations
			 including Future Farmers of America, Future Homemakers of America, and 4-H
			 Clubs.
Stat. Auth.: ORS 566
Stats. Implemented: ORS
				  566.310 - ORS
				  566.360
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0020 - Financial Awards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 may require retention of a minimum balance in the Fund to ensure that monies
			 will be available for future awards.
(2) Awards shall be made only in the form of
			 loans and only to qualified applicants for approved uses of the Fund:
(a) The loans shall be made from the loanable
			 balance of the ORR Fund, from the interest income of the Fund, and from annual
			 loan repayments;
(b) The number of
			 loans shall be determined by the Board.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0025 - Needs Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 determine effective uses of the Fund, the Division shall, upon the request of
			 the Board, conduct an assessment of Oregon's farm needs before each funding
			 cycle.
(2) The needs assessment
			 shall include submission of a written questionnaire to the state's major farm
			 organizations and the holding of public hearings.
(3) Notice for such public hearings shall be
			 mailed to the state's major farm organizations, individuals and other
			 organizations who have indicated an interest in the Fund; and to major
			 newspapers, television, and radio stations throughout the state.
(4) The Division shall analyze the results of
			 the needs assessment and recommend to the Board loan priorities for the funding
			 cycle.
(5) The Board may establish
			 priorities or preferred uses for each funding cycle.
Stat. Auth.: ORS 566
Stats. Implemented: ORS
				  566.310 - ORS
				  566.360
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0030 - Requests for Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At
			 least 45 days in advance of the application deadline in any funding cycle, the
			 Division shall issue a request for loan applications, which gives notice of the
			 total amount of monies available for loans during the cycle, the maximum amount
			 of individual loans, the maximum interest rate on loans and the Board's
			 priorities, if any, for loans.
(2)
			 The Notice shall be mailed to the state's major farm organizations; individuals
			 and other organizations who have asked to be notified when funds are available;
			 and to the state's major newspapers, television, and radio stations.
Stat. Auth.: ORS 566
Stats. Implemented: ORS
				  566.310 - ORS
				  566.360
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0035 - Loan Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Division shall not accept loan applications from previous recipients of awards
			 from the Fund.
(2) Loan
			 applications shall be submitted to the Division no later than the deadline date
			 specified in the request for applications.
(3) Loan applications shall contain the
			 following information:
(a) A description of
			 the proposed project;
(b) An
			 itemization of costs of the proposed project;
(c) The expected number of project
			 beneficiaries;
(d) Letters from at
			 least two lending institutions stating the applicant does not qualify for loans
			 under rates and terms which the applicant can reasonably be expected to
			 meet;
(e) A list of real property
			 owned by the applicant and a verified report of all financial encumbrances
			 against the described property(ies);
(f) A financial statement of the applicant;
			 and
(g) Any other information
			 required under the request for loan applications and application
			 form.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0040 - Review of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within
			 30 days after the deadline for loan applications, the Division shall evaluate
			 each application under the following criteria:
(a) Compliance with application requirements
			 and annual priorities or preferred uses approved by the Board;
(b) Need for the project and solution
			 effectiveness;
(c) Number of
			 project beneficiaries; and
(d)
			 Applicant's financial need.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 60 - OREGON RURAL REHABILITATION FUND › Section 141-060-0045 - Funds Made Available

Current through Register Vol. 63, No. 7, July 1, 2024
Upon approval by the Board, the Division shall issue approved
				loans subject to the terms and conditions described in OAR 141-060-0015, and
				such additional provisions as the director may require.
Stat. Auth.: ORS 566
Stats. Implemented: ORS
				  566.310 - ORS
				  566.360
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0130 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules:
(1)
			 Establish procedures for the sale, exchange, and purchase of certain types and
			 classifications of land and other interests including mineral and geothermal
			 resource rights in land managed or to be managed by the State Land Board and
			 the Department of State Lands in order to comply with all Constitutional and
			 statutory requirements including, but not limited to: Oregon Constitution
			 Article VIII, Section 5(2), and ORS 270, 271, 272, 273, and 274.
(2) Do not pertain to the leasing of lands or
			 the granting of easements across lands managed by the State Land Board and the
			 Department of State Lands, which are governed by other Department
			 administrative rules.
(3) Apply to
			 all land transactions (for example, sales, exchanges and purchases) for the
			 South Slough National Estuarine Research Reserve as established in ORS
			 273.553.
(4) Do not apply to:
(a) The sale of submerged, submersible
			 fronting upon the Pacific Ocean, or
(b) Land sold by the Department under the
			 administrative rules of Procedure for the Recovery of Escheat Property (OAR
			 chapter 141 division 030) or the Administration of Estates - Probate (OAR
			 chapter 141 division 035)
(c)
			 Contracts for the sale of timber or other forest products.
(d) The sale of historically filled lands or
			 new lands as administered through OAR 141-068.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0160 - Eligibility to Apply to Purchase or Exchange Land

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise indicated in these rules, any person who is at
				least 18 years of age and who is a citizen of the United States or who has
				declared an intention to become a citizen, may apply to purchase or exchange
				state land
Stat. Auth.: OAR 141-167-0005 - 141-067-0120, 125-045, ORS
				  270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Stats. Implemented: OAR 141-167-0005 - 141-067-0120, 125-045,
				  ORS 270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0165 - Application and Application Processing Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application to buy or exchange land
			 subject to these rules must be submitted on a form provided by the
			 Department.
(2) Each land sale
			 applicant must submit with the application a correct and concise description of
			 the land(s) involved in the requested transaction.
(3) A single application may include multiple
			 land parcels.
(4) The appropriate
			 application fee must be included with the application.
(5) The application fee for all land sales or
			 land exchanges is $750 per application. However, the Director may determine
			 additional application fees are necessary for applications covering multiple
			 parcels.
(6) The fee for the
			 assignment of a certificate of sale is $750.
(7) The application fee for the release of
			 mineral or geothermal resource rights to a qualified owner under OAR
			 141-067-0320  of these rules is $150.
(8) All application processing fees are
			 non-refundable except as noted in these rules.
(9) Incomplete applications or those received
			 from ineligible applicants will be returned.
Stat. Auth.: OAR 141-167-0005 - 141-067-0120, 125-045, ORS
				  270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Stats. Implemented: OAR 141-167-0005 - 141-067-0120, 125-045,
				  ORS 270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0170 - Land Exchanges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as provided in OAR 141-067-0300  or as limited by 141-067-0155, the Department
			 may exchange any lands or interests in lands for any other lands to meet
			 objectives of the Asset Management Plan or the South Slough National Estuarine
			 Research Reserve Management Plan. Exchanges shall be made on the basis of
			 value. The Department may accept a monetary payment or reserve rights as part
			 of the consideration to the extent required for a fair transaction.
(2) The Department may initiate a land
			 exchange without requiring that an application be submitted.
(3) Any person, eligible to do so, may submit
			 an application to the Department to initiate a land exchange. The application
			 must be submitted on a form provided by the Department.
(4) The Department will notify the lessee, if
			 any, by registered or certified mail and the applicant of receipt of the land
			 exchange application. Within a reasonable time after receipt of the land
			 exchange application, the Director will conduct an initial review of the
			 application and determine the action to be taken including but not be limited
			 to:
(a) Rejecting the application. A rejected
			 application shall be returned to the applicant with the reasons for its
			 rejection clearly stated. The lessee, if any, will also be notified. An
			 additional non-refundable application fee will not be required for an
			 application that is resubmitted within 120 calendar days of its rejection.
(b) Accepting the application for
			 further processing; or
(c)
			 Requesting more information.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0190 - Compliance with the Department of Administrative Service (DAS) Rules for the Disposition and Acquisition of Real Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before acquiring any land by purchase or
			 exchange or selling or exchanging any land or interests in land, the Department
			 will notify the Department of Administrative Services Facilities Division (DAS)
			 on an approved form. DAS will notify all state agencies and political
			 subdivisions of the anticipated transaction.
(2) The Department will seek certification of
			 these rules (OAR 141-067) as permitted by 125-045-0210.
Stat. Auth.: OAR 141-167-0005 - 141-067-0120, 125-045, ORS
				  270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Stats. Implemented: OAR 141-167-0005 - 141-067-0120, 125-045,
				  ORS 270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0195 - Resolving Ownership of Formerly Submerged and Submersible Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person
			 interested in resolving ownership of formerly submerged and submersible lands
			 may meet with the Department to discuss the facts concerning the creation and
			 ownership of the lands in question.
(2) Based on the facts presented, as well as
			 the Department's own investigation, the Department may do the following:
(a) Agree that the Department has no interest
			 in the formerly submerged or submersible land;
(b) Determine who is entitled to purchase the
			 formerly submerged or submersible land under these rules;
(c) Enter into litigation to resolve the
			 ownership issue, including but not limited to a suit to quiet title;
(d) Enter into negotiation in lieu of
			 litigation with the person to resolve the ownership question;
(e) Request more information from the
			 landowner or person; or
(f) Pursue
			 other actions aimed at resolving the ownership question.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0200 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OAR 141-167-0005 - 141-067-0120, 125-045, ORS
				  270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Stats. Implemented: OAR 141-167-0005 - 141-067-0120, 125-045,
				  ORS 270.005 -
				  270.190,
				  273.045,
				  273.245 -
				  273.247,
				  273.251 -
				  273.311,
				  273.316 -
				  273.321,
				  273.413 -
				  273.456,
				  274.040,
				  274.905 -
				  274.940,
				  274.960 -
				  274.985
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0215 - Sale of Submerged and Submersible Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may submit an application to
			 purchase submerged and submersible land. The application must be submitted on a
			 form provided by the Department. A non-refundable application fee in the amount
			 shown in OAR 141-067-0165  must be included with the application.
(2) The sale of submerged lands is limited to
			 lands subject to remedial environmental action pursuant to a plan approved by
			 DEQ or EPA.
(3) Applications will
			 be processed in accordance with the applicable provisions of OAR 141-067-0220  and 141-067-0155.
(4) The
			 applicant will be required to acknowledge the character of the land being
			 applied for and the title interest in the land held by the Department. Further,
			 the applicant must waive all claims against the State, including but not
			 limited to claims for the return of the purchase price, if all or part of the
			 land are determined to not belong to the Department.
(5) Following notice that the land is
			 available for sale, the applicant, at their own expense, shall have a survey of
			 the land prepared. The survey must:
(a) Be
			 prepared by a registered land surveyor approved by the Department in writing
			 before the start of the survey work;
(b) Connect and conform to adjacent surveys
			 acceptable to the Department, to the extent reasonably practicable; and
(c) Be notarized and submitted to
			 the Department along with a hard copy map that is also notarized and electronic
			 file in a format of the Department's choosing.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0220 - General Procedures for Land Sales (Except OAR 141-067-0215)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These general
			 procedures apply to the processing of all land sale applications, except sales
			 of formerly submerged and submersible land (under 141-067-0300), and release of
			 mineral and geothermal resource rights to owners of residential real property
			 (under 141-067-0320). The Department may offer land for sale at any time
			 without having first received an application from an individual or person.
			 (Refer to 141-067-0230  for additional requirements for the sale of rangelands.)
(2) Any person who is eligible to
			 do so as described in OAR 141-067-0160, may submit an application to purchase
			 state land.
(3) Upon receipt of
			 the application, the Department will conduct an initial review of the land sale
			 application, including but not limited to:
(a) A determination whether or not the land
			 described in the land sale application is a legal lot of record as described in
			 ORS Chapter 92;
(b) A
			 determination, of the Department 's rights and interests in the land or
			 interests in land described in the land sale application, based, if necessary,
			 on a preliminary title report by the Department or its agent;
(c) A Land Disposal Evaluation of the lands
			 described in the land sale application;
(d) The results of the DAS notice process, if
			 applicable, as described in OAR 141-067-0190;
(e) The applicable elements of the public
			 interest review process as described in OAR 141-067-0180  of these rules; and
(f) A determination of whether the
			 proposal is consistent with the policies set forth in OAR 141-067-0155.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0230 - Sale Procedures for Rangelands/Common School Grazing Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After rangeland
			 is determined to be "available for sale" as described in OAR 141-067-0220, if a
			 forage lessee of the land has not already done so, the forage lessee may apply,
			 on a form prescribed by the Department, to purchase the lands.
(2) A forage lessee is qualified to purchase
			 rangeland it leases if the forage lessee meets all of the following
			 requirements:
(a) The forage lessee is an
			 individual person;
(b) The forage
			 lessee is a resident of Oregon; and
(c) The forage lessee owns, in fee simple,
			 land immediately adjacent to the land classified as "available for sale" (lands
			 are considered to be adjacent if their boundaries are common or intersect at a
			 common point); and
(A) The forage lessee is in
			 compliance with all lease terms and conditions; or
(B) The forage lease affords the lessee an
			 opportunity to purchase the leasehold.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0260 - Disposition of Funds Received for Trust Land Sales and Funds from Trust Land Exchanges

Current through Register Vol. 63, No. 7, July 1, 2024
The proceeds of any Trust land sale or from land exchange
				equalization payments for Trust lands shall be deposited in the land revolving
				fund of the Common School Fund as established in ORS
				273.413, unless directed
				otherwise by the Director.
Stat. Auth.: OAR 141-167-0005 - OAR 141-067-0120, OAR
				  125-045, ORS 270.005 - ORS
				  270.190, ORS
				  273.045, ORS
				  273.245 - ORS
				  273.247, ORS
				  273.251 - ORS
				  273.311, ORS
				  273.316 - ORS
				  273.321, ORS
				  273.413 - ORS
				  273.456, ORS
				  274.040, ORS
				  274.905 - ORS
				  274.940, ORS
				  274.960 - ORS
				  274.985
Stats. Implemented: OAR 141-167-0005 - OAR 141-067-0120, OAR
				  125-045, ORS 270.005 - ORS
				  270.190, ORS
				  273.045, ORS
				  273.245 - ORS
				  273.247, ORS
				  273.251 - ORS
				  273.311, ORS
				  273.316 - ORS
				  273.321, ORS
				  273.413 - ORS
				  273.456, ORS
				  274.040, ORS
				  274.905 - ORS
				  274.940, ORS
				  274.960 - ORS
				  274.985
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0270 - Methods for Conducting Land Sales

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director shall recommend to the State
			 Land Board the method for conducting a land sale based upon the policies
			 described in OAR 141-067-0155  and as set forth in these rules.
(2) The following methods shall be used:
(a) Direct sale at Department Estimate of
			 Value. This method is generally used for the sale of: Certain Trust and
			 Non-Trust land transactions involving agencies of the federal government with
			 powers of eminent domain.
(b)
			 Direct sale at Department Estimate of Value with reversionary rights, existing
			 leases or other reserved interests, limitations and encumbrances. This method
			 is used principally for land sales to state agencies and political subdivisions
			 and is aimed at assuring that the land will continue to be used for public
			 purposes after it has been transferred.
(c) Direct sale to a qualified lessee, or if
			 not applicable, to an adjacent landowner at a sale price based on a Department
			 Estimate of Value.
(d) Sale to the
			 highest bidder via oral or sealed bid auction or combination thereof; minimum
			 bid or reserve price approved by the Director. This method is used for all
			 classes of Trust and Non-Trust land except as otherwise described in these
			 rules.
(e) Sale to the highest
			 bidder via oral or sealed bid auction with an eligible lessee having the right
			 to bid last to exceed the final high bid; minimum bid or reserve price
			 established by the Director based on Department Estimate of Value. This method
			 is used for qualified rangeland lessees as described in OAR 141-067-0230  or for
			 those lessees with lease contract terms and conditions that clearly and
			 explicitly provide this opportunity.
(f) Negotiated sale. This method allows the
			 Department to negotiate or bargain for the highest sale price possible from
			 among interested parties.
(g)
			 Brokered Sale. This method allows for the Department to offer land through a
			 State of Oregon licensed real estate broker at a fair market value and to
			 negotiate the final sale price with a buyer through the broker. A brokerage fee
			 may be paid to the Department's broker or the buyer's agent or both in
			 accordance with generally accepted real estate practices. This method is used
			 when local real estate market conditions indicate and the land being offered
			 best fits disposal through a more traditional marketing approach.