reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0405 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Division"
			 means Division of State Lands.
(2)
			 "Director" means the Division Director.
(3) "Mining claim" means as defined in ORS
			 Chapter 517.
(4) "Mining lease"
			 means the completed lease following the form adopted by OAR
			 141-071-0690.
(5) "Lands" means the
			 state-owned lands as listed in the Registry of Mineral Rights for which the
			 Division may execute mining leases under ORS
			 273.780. (Certain minerals and
			 lands are excluded by ORS 273 .785.)
(6) "Surface Rights" means all property
			 rights and usage exclusive of the mineral estate or reserved mineral
			 rights.
(7) "Valuable Minerals"
			 those metallic minerals and uranium covered by these rules which have
			 sufficient values to justify expenditure by a prudent man for development and
			 extraction.
(8) "Commercial
			 Quantities" those valuable minerals, as defined herein, which exist in
			 sufficient amounts to justify expenditures by a prudent man for development and
			 extraction.
(9) "Hard Mineral
			 Resource" all state-owned metallic and non-metallic minerals except oil, gas
			 and sulphur, geothermal resources and their by-products, and construction
			 grades of rock, sand, and gravel.
(10) "Discovery" finding of one or more
			 valuable minerals in commercial quantities.
(11) "Exploration" means electrical and
			 electronic surveys, seismic, gravimetric, geochemical surveys, shallow core
			 drilling, assay work, and other measurements of a like nature.
(12) "Registry" means the inventory of
			 mineral rights established by the Division of State Lands pursuant to ORS 273
			 .790 listing lands owned by all state agencies in which mineral rights were
			 transferred to the Division for leasing.
(13) "Operations Plan" means the planned
			 series of measurements, tests, and surveys which a permittee expects to employ;
			 multiple plan segments may be employed to allow sequence adjustments whenever
			 data warrants.
(14) "Qualified
			 Applicant" means any United States citizen of legal age, or any firm,
			 association, or corporation which is qualified to do business in the State of
			 Oregon and is not in default under the laws of the State of Oregon relating to
			 qualifications to do business within this state; and governmental units,
			 including without limitation, municipalities; provided, that no member of the
			 State Land Board or employee of the Division of State Lands may take or hold a
			 lease upon state-owned mineral rights.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0410 - State Land Board Policy

Current through Register Vol. 63, No. 7, July 1, 2024
In order to more fully manage the mineral rights in property
				owned by any state agency as directed by ORS 273 .780, the State Land Board
				adopts the following program policies:
(1) The Division's program should provide for
			 environmental protection on a parcel-by-parcel basis, protect the long-term use
			 of surface rights, and obtain an equitable return to the proper state
			 fund.
(2) Mining production leases
			 shall be issued on the following terms: $1 per acre per year; royalty rate of 5
			 percent for most metallic minerals; escalating development expense from $1 per
			 acre per year to $3 per acre after the third year; and ten year primary term on
			 leases covering a maximum of 640 acres.
(3) Competitive bidding should be utilized to
			 obtain the highest available return from discovered mineral
			 occurrences.
(4) Lease applications
			 which include assay valuations in excess of $100,000 shall be subject to final
			 approval by the State Land Board.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0420 - Fees and Service Charges

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall collect nonrefundable service charges to
				cover the expense of processing the following matters:
(1) Original application -- $50 for each
			 lease or permit.
(2) Assignment --
			 $25 for each assignment.
(3)
			 Mineral prospecting permit fee -- $.50/acre annually.
(4) Renewal prospecting permit fee -- $5/acre
			 annually.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0425 - Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to any operations on state-owned land, permittees and
				lessees shall provide evidence of insurance as follows:
(1) Public liability of $100,000, $300,000
			 and property damage of $100,000, including fire coverage; and
(2) Contractual liability covering the
			 permittee's or lessee's duty of indemnification of the state -- $200,000. The
			 State of Oregon, the Division of State Lands, and the appropriate surface-owing
			 agency shall be named as co-insured; or
(3) Self-insurers -- In lieu of required
			 types and amounts of insurance coverage an applicant or lessee may provide a
			 certified balance sheet for a segregated self-insurance fund showing net worth
			 of liquid assets in amounts equal to or exceeding the required insurance
			 coverage.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0430 - Bond

Current through Register Vol. 63, No. 7, July 1, 2024
Applicants for permits or mining leases shall furnish corporate
				surety bonds in amounts and with sureties acceptable to the Division. Bonds
				will be conditioned on compliance with all the terms of the permit or
				lease.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0440 - Reservations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division
			 may withdraw any mineral rights from availability for exploration or leasing at
			 any time prior to receipt of notice of a discovery. Withdrawals based on
			 applicants' environmental reports or state investigation shall be subject to
			 appeal under ORS Chapter 183.
(2)
			 The Division reserves the right to conduct competitive bid sales on lands not
			 subject to preference rights or otherwise encumbered, whenever deemed necessary
			 on or nearby discovered mineral occurrences.
(3) The Division may refuse to grant a lease
			 for state-owned mineral rights because of considerations of environmental
			 quality or other public interest.
(4) The Division may, by agreement with
			 interested parties, provide special rules, interagency agreements, compensatory
			 development or other means which deviate from these mineral leasing rules where
			 the statutes, rules, and regulations defining and implementing the dedicated
			 purpose for which state-owned surface rights were acquired are in conflict with
			 mineral rights exploration and development.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0445 - Refunds and Withdrawals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 an application for a Mineral Prospecting Permit is rejected, all checks
			 tendered by applicant, except the filing fee, will be returned. If part of an
			 application is rejected, per acre fees applicable to the rejected acreage will
			 be refunded.
(2) Should an
			 applicant desire to withdraw his application, the applicant must make a written
			 request. If the request is received prior to the time the Division approves the
			 application, all checks tendered by the applicant, except the filing fee, will
			 be returned. If the request is received after approval, then, unless the
			 applicant accepts the offered permit, all money tendered is forfeited to the
			 state, unless otherwise ordered by the Director for good cause shown.
(3) Should an applicant desire to withdraw an
			 application which has been filed under the simultaneous filing or competitive
			 bidding rules, the applicant must make a written request. If the request is
			 received before the public drawing or bidding, all checks tendered by the
			 applicant, except the filing fee, will be returned. If the request is received
			 after approval, then, unless the applicant accepts the offered lease, all money
			 tendered is forfeited to the state, unless otherwise ordered by the Director
			 for good cause shown.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0450 - Records

Current through Register Vol. 63, No. 7, July 1, 2024
Copies of all exploration data, including for example drilling
				logs, geochemical readings, and field notes, shall be deposited with the State
				Geologist within five years after performance of the work. If ongoing
				exploration work or lease performance warrants secrecy of such information, it
				shall be held under such conditions as the State Geologist and permittee or
				lessee may agree upon.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0455 - Lands Subject to Permit

Current through Register Vol. 63, No. 7, July 1, 2024
All state-owned lands and mineral rights under the Division's
				jurisdiction are available for prospecting except:
(1) Lands and mineral rights classified as
			 containing commercially valuable mineral deposits; and
(2) Lands reserved for a Natural Area
			 Preserve or otherwise withdrawn from exploration;
(3) Lands and mineral rights already subject
			 to exclusive permit or lease. State-owned parcels not included in the State
			 Minerals Registry but under the jurisdiction of the Division may be made
			 available for minerals exploration by special arrangement.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0460 - Mineral Prospecting Permit Required

Current through Register Vol. 63, No. 7, July 1, 2024
No person shall conduct mechanized exploration operations on,
				in, or under land or mineral rights owned by the State of Oregon and under the
				jurisdiction of the Division without a permit or lease issued pursuant to these
				regulations. Casual prospecting, using hand tools, may be conducted without a
				Division of State Lands Mineral Prospecting Permit provided that the land
				surface is otherwise available for public access. Please note that state parks,
				state tree nurseries, streams, lakes, and waterways are made unavailable or
				require additional permits under other state agency
				regulations.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0465 - Application for Mineral Prospecting Permit

Current through Register Vol. 63, No. 7, July 1, 2024
Any qualified applicant wishing to obtain an original, amended,
				or renewal mineral prospecting permit from the Division shall submit at least
				two copies of a mineral prospecting application on a form provided by the
				Division together with the required fees. All such forms shall be completed in
				full, signed by the applicant of his (its) authorized representative with proof
				of authorization, and shall include two copies of all necessary exhibits. Maps
				shall be in reproducible form. The Division may require submission of such
				other information as it deems necessary to make a decision on granting,
				modifying, or denying the permit.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0470 - Priority

Current through Register Vol. 63, No. 7, July 1, 2024
Applications will be accepted in the order received and
				priority of permit issuance will be established on the same basis except as
				provided in the case of simultaneous filings.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0475 - Application Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 receipt of a mineral prospecting permit application, the Division shall cause
			 copies of the application to be sent to the surface rights holder and affected
			 state agencies, including the Department of Environmental Quality, Department
			 of Geology and Mineral Industries, Public Utility Commissioner, State Fish and
			 Wildlife Commission, Department of Energy, State Historic Preservation Office,
			 and Land Conservation and Development Commission and to such other agencies or
			 persons as the Division deems appropriate.
(2) Each agency shall be requested to respond
			 within 30 days by making a recommendation as to whether the permit should be
			 granted. Agencies may recommend conditions to be contained in the mineral
			 prospecting permit to satisfy requirements within their respective statutory
			 jurisdictions. Applicants will be advised of conditions recommended by state
			 agencies and, where advisable, a conference between agencies and applicants
			 will be held.
(3) The Division
			 shall make such investigation as it considers necessary.
(4) The Division or any state agency holding
			 the surface rights may refuse to grant a permit for exploration of mineral
			 rights under the jurisdiction of the Division of State Lands if it has reason
			 to believe that a mineral lease could not be issued because of considerations
			 of environmental quality or other public interest.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0480 - Mineral Prospecting Permit Terms

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for additions and modifications
			 required to protect natural resources and environmental quality, the Division
			 of State Lands Mineral Prospecting Permit form as adopted August 15, 1977, will
			 be issued upon approval of a prospecting permit application. Prospecting
			 Permits shall expire three years from date of issuance.
(2) In the event that a discovery is not
			 obtained during the initial term of an exploration permit, the Division may
			 agree to renew for an additional three year term provided:
(a) An exploration operations budget equal to
			 or exceeding nine times the annual permit fee is submitted by the permittee
			 together with an exploration plan approved by the State Geologist; or
(b) Applicant has commenced actual drilling
			 prior to the expiration date of the initial term and agrees to continue with
			 due diligence to reach a promising geologic structure; and
(c) Upon payment of a renewal annual permit
			 fee of $5 per acre.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0485 - Conversion

Current through Register Vol. 63, No. 7, July 1, 2024
Upon discovery of valuable minerals in commercial quantities,
				the permittee shall immediately notify the Division in writing (giving
				sufficient detail to enable the Division or an impartial consultant to evaluate
				the discovery). Thereafter, for a period of sixty days, the Division will
				suspend action on the mining lease applications for lands or mineral rights
				within four miles of the discovery site. Mining lease applications by the
				permittee for state-owned land and mineral rights within the suspension zone
				will be given first priority if properly filed within the sixty days suspension
				period.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0490 - Mining Lease Required

Current through Register Vol. 63, No. 7, July 1, 2024
No person, association, or corporation shall dig, extract,
				mine, drill and sell, remove or dispose of any hard mineral resource in
				commercial quantities from state-owned land under the jurisdiction of the
				Division of State Lands without a lease issued under these
				rules.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0495 - Availability

Current through Register Vol. 63, No. 7, July 1, 2024
State-owned lands are available for mineral leases if:
(1) A certified or proven discovery has been
			 made under an exploration permit; or
(2) A nearby discovery warrants inclusion of
			 the state land in a unit agreement or in competitive bidding as provided in
			 these rules; or
(3) The lands have
			 been formally classified by the State Land Board, or the Division, for minerals
			 leasing.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0500 - Size of Leasable Tract

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Minimum -- Except for good cause shown, no minerals lease will be issued for a
			 tract less than a quarter-quarter section (40 acres) or surveyed lot, which
			 could be more or less than 40 acres, except where state lands within any
			 quarter-quarter section or surveyed lot is less than the whole thereof, in
			 which case the lease will be issued only on the entire area of state lands
			 within such quarter-quarter section or surveyed lot.
(2) Maximum -- Upon certification of a
			 discovery, the permittee shall be entitled to apply for four mineral leases of
			 not more than 640 acres each of the land embraced in the exploration permit.
			 The areas selected by the permittee/applicant shall be in compact form and
			 shall conform to government surveys wherever possible.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0505 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
Any qualified applicant wishing to obtain an original, amended,
				or renewal mining lease shall submit at least two copies of a written
				application on forms provided by the Division. The application must be
				completely filled out and duly signed by the applicant and be accompanied by
				the required fee and advance rental. Any false or willfully incomplete
				statement will be considered misrepresentation and may be cause for rejection.
				Any person purporting to act for an applicant in making application for a
				mining lease shall accompany the application form with a properly executed
				power of attorney or shall have same on file in the Division of State
				Lands.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0510 - Receipt of Application

Current through Register Vol. 63, No. 7, July 1, 2024
Applications for mineral leases will be received for filing in
				the office of the Division during office hours. Because lease priority is
				obtained only by discovery, drawing, or competitive bidding, time of receipt
				will be recorded in the same manner as other correspondence.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0515 - Priority

Current through Register Vol. 63, No. 7, July 1, 2024
A permittee under a current minerals prospecting permit shall
				obtain a preferential right to a minerals lease if:
(1) The permittee certifies that it has
			 discovered a valuable mineral deposit and will obtain commercial production of
			 a mineral or minerals; and
(2) The
			 permittee completes the requirements of OAR
			 141-071-0505  and
			 141-071-0520.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0520 - Application Supplement

Current through Register Vol. 63, No. 7, July 1, 2024
The application priority afforded an applicant by OAR
				141-071-0515, or awarded
				by means of simultaneous filing drawing, or competitive bidding shall be
				maintained provided that, within 120 calendar days following acceptance of the
				application form, the applicant submits the following supplemental information
				to the Division:
(1) An environmental
			 impact report following the form adopted by the Division.
(2) When deemed necessary or advisable, the
			 Division may require an applicant to submit copies of all technical data relied
			 upon by the applicant as proof of discovery.
(3) A proposed plan for mined land
			 reclamation (copy of Department of Geology and Mineral Industries Reclamation
			 Permit application acceptable).
(4)
			 Such other information as the Division advised the applicant to be
			 necessary.
(5) Mining Lease
			 applications may include a corporate surety bond of not less than $1,000, or,
			 if not submitted at the time of application, must be provided prior to issuance
			 of a mineral lease.
(6) The
			 Division may require additional amounts of bonding from time to time during the
			 lease term whenever the monthly proceeds from royalties exceeds 1/3 of the bond
			 amount.
(7) Extension during
			 exploration. The Division may grant an extension of time for submission of
			 supplemental information whenever the applicant is proceeding under a valid
			 mineral prospecting permit to determine the nature of the mineral resources
			 included in the mineral lease application. Such extension(s) shall not exceed
			 one year's time.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0525 - Application Rejection

Current through Register Vol. 63, No. 7, July 1, 2024
If application supplements are not received by the Division
				within the time limit specified in OAR
				141-071-0520 or if such application supplements are not complete, the entire application
				shall be rejected and returned to the applicant with an explanation of the
				reasons for rejection.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0530 - Application and Supplement Consideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of a lease application, the
			 Division shall cause notice of the application to be sent to affected state
			 agencies, including the agency having jurisdiction over the surface rights, the
			 Department of Environmental Quality, Department of Geology and Mineral
			 Industries, State Fish and Wildlife Commission, Land Conservation and
			 Development Commission, Department of Energy, State Historic Preservation
			 Office, and such other agencies or persons as the Division deems
			 appropriate.
(2) Upon receipt of
			 the environmental impact report, the Division shall send copies to the same
			 affected state agencies.
(3) Each
			 agency shall be requested to respond within 60 days of its receipt of the
			 environmental impact report making a recommendation as to whether the lease
			 should be granted to the applicant. Agencies may also recommend conditions to
			 be contained in the lease to satisfy requirements within their respective
			 statutory jurisdictions.
Applicants will be advised of conditions recommended by state
				agencies and, where advisable, a conference between agencies and applicants
				will be held.
(4) The
			 Division shall make such investigations as it considers necessary and shall
			 notify the public of its opportunity to request a hearing or hearings upon the
			 granting of the application, together with the timetable and procedures to be
			 followed. The Division will provide written notice to any person or
			 organization which has requested in writing of the Division that such notices
			 be provided to it directly.
(5) If
			 the Division approves the application, and the state agency controlling the
			 surface rights concurs, the application will be placed before the State Land
			 Board for its final approval, when required by OAR
			 141-071-0410.
			 Upon approval by the State Land Board, if required, the Division shall promptly
			 forward to the applicant a mining lease incorporating all conditions which are
			 deemed necessary by the Director, taking into consideration the recommendations
			 of other affected agencies, the protection of natural resources, public health,
			 and safety.
(6) The Division or
			 Board may refuse to grant a lease for state-owned minerals because of
			 considerations of environmental quality, inadequate cost-benefit ratio, or
			 other public interest.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0535 - When Applicable

Current through Register Vol. 63, No. 7, July 1, 2024
Upon an order of the Director, when he deems it necessary to
				insure competitive equity, the Division shall offer mineral resource rights for
				leasing by public drawing. Additionally, Prospecting Permit applications
				received for the same land or mineral rights in any single mail delivery shall
				be awarded priority by following OAR
				141-071-0540(4) and
				(5).
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0540 - Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The following procedures shall be employed in leasing mineral
				resource rights by public drawing:
(1)
			 A notice of the mineral resource rights available for leasing by public drawing
			 shall be posted in the offices of the Division and distributed to all persons
			 who have informed the Division in writing of their desire to receive such
			 notice. The Division shall describe the mineral resource rights available for
			 leasing, and state the last date, which shall be at least 30 days after the
			 date the notice is posted, on which applications will be received.
(2) Applications for the mineral resource
			 rights described in the notice shall be submitted in sealed envelopes labeled
"Simultaneous Filing# date"
on a form supplied by the Division,
			 and shall be accompanied by the filing fee required by OAR
			 141-071-0420  and the advance rental required by
			 141-071-0600  and a
			 stamped business reply envelope.
(3) All applications for the leasing of such
			 mineral resource rights filed on or before the closing date stated in the
			 notice shall be considered to have been filed simultaneously. Such applications
			 shall be opened in the Division's Salem office at 10 a.m. of the first day
			 following the closing date stated in the notice.
(4) After reviewing each application for
			 compliance with the requirements of these rules, the Division shall select the
			 successful qualified applicant by a random drawing which shall be held in
			 public. Unless otherwise noted in the notice for simultaneous filing,
			 successful mining lease applicants shall be required to comply with OAR
			 141-071-0520.
(5) After the awarding of mining leases or
			 prospecting permits to the successful qualified applicants, all rental checks
			 shall be returned to the unsuccessful applicants, together with a list of the
			 successful applicants.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0545 - Competitive Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
Upon a determination that mineral rights lying near a discovery
				site are not leased or subject to application under OAR
				141-071-0535  or
				141-071-0485, the
				Division may offer one or more parcels not exceeding 640 acres each for
				competitive bidding, by sealed bids or at oral public auction, to the bidder
				offering the highest bonus in addition to the minimum annual
				rental.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0550 - Notice of Bidding

Current through Register Vol. 63, No. 7, July 1, 2024
The Division will publish a notice of opportunity to bid for
				leases within the discovery area in a newspaper of general circulation in the
				county or counties where the discovery is located. The Division will provide
				written notice to any person or organization which has requested in writing of
				the Division that such notices be provided to it directly.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0555 - Contents of Notice

Current through Register Vol. 63, No. 7, July 1, 2024
The notice will specify the time and place of bid opening, the
				manner in which bids shall be submitted, a description of the mineral rights in
				each bidding unit, and the terms and conditions of the lease, including royalty
				and rental rates. The notice will also state that a proposed development and
				operations plan and an environmental analysis of development and production
				alternatives will be required before a lease can be issued.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0560 - Bidding Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Each bidder shall submit with his bid an application to lease
				mineral rights, the filing fee required by OAR
				141-071-0420,
				and a certified or cashier's check, bank draft, or money order in the amount of
				one-half of the amount of the applicant's bonus bid.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0565 - Opening of Bids and Award of Leases

Current through Register Vol. 63, No. 7, July 1, 2024
The following procedures will be employed in opening bids and
				awarding leases:
(1) All bids received
			 within the deadline stated in the notice shall be opened and announced at the
			 place, date, and hour specified in the notice. No bids will be accepted or
			 rejected at that time.
(2) The
			 Division shall have the right to reject any and all bids submitted. Incomplete
			 and non-conforming bids shall be rejected and the bonus bid deposits thereon
			 returned.
(3) Within 30 days of the
			 bid opening, or such longer periods as may be specified in the notice of bids,
			 the Director shall award a lease for each bidding unit to the qualified
			 applicant who is highest bidder. If the Director does not award a lease within
			 the required period, all bids shall be considered rejected.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0570 - Oral Bidding Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Oral bidders will be required to conform to specific directions
				published in the bidding notice. Within 30 days of the oral bidding, or such
				longer periods as may be specified in the notice of bidding, the Director shall
				award a lease for each bidding unit to the qualified applicant who is highest
				bidder. If the Director does not award a lease within the required period, all
				bids will be considered rejected. OAR
				141-071-0575.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0575 - Lease Execution

Current through Register Vol. 63, No. 7, July 1, 2024
If a lease is awarded, a form of lease shall be sent to the
				successful bidder, who must execute it within 30 days of receipt, pay the first
				year's rental, and pay the balance of (his) bonus bid. Within 120 days, and
				prior to commencing the operations under the lease, the lessee shall file the
				corporate surety bond required by the Division, file evidence of required
				insurance, and file completed agreements for environmental protection and
				surface management.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0580 - Forfeiture of Competitive Bid Leases

Current through Register Vol. 63, No. 7, July 1, 2024
If a successful bidder fails to execute the lease or otherwise
				fails to comply with these rules, his deposit will be forfeited and the bidding
				unit will be reoffered for competitive leasing.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0585 - Restoration of Bidding Units

Current through Register Vol. 63, No. 7, July 1, 2024
If no bids are received on a bidding unit, the Division, at its
				discretion, may offer the lands and mineral rights for non-competitive
				leasing.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0590 - Mineral Lease Form

Current through Register Vol. 63, No. 7, July 1, 2024
Generally, the Division of State Lands mining lease form (OAR
				141-071-0690) as adopted and currently in use will be issued upon approval of
				a lease application. Modifications and additions of lease terms deemed
				necessary by the Division shall thereafter be included in each lease issued for
				the same parcel.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0595 - Term of Lease; Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Mineral leases shall have a primary term of ten years, commencing with the date
			 of execution.
(2) If royalties from
			 minerals produced during any year of the primary term or a succeeding ten-year
			 term equal or exceed twice the annual rental due under the lease, the lessee
			 may renew for successive ten-year periods up to a maximum of 50
			 years.
(3) In no event shall a
			 lease continue beyond the period of 50 years from the date of execution, except
			 that the lessee shall have a right of first refusal in the event that the
			 Division decides to continue leasing the premises.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0600 - Rental Rate

Current through Register Vol. 63, No. 7, July 1, 2024
Rentals at the rate of $1 per acre per year shall be due and
				payable in advance on or before the annual anniversary of the effective date of
				the lease. Rentals paid each year will be deducted from royalties due accruing
				during the rental year.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0605 - Development Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
The operations contemplated in each lease shall be carried on
				with due diligence and in a workmanlike manner. Lessees will conduct such
				examinations, explorations, testing, and samplings as may, in competent
				judgment, be necessary to determine the extent, quality, feasibility, and
				economic potential of the mineral resource in, upon, and under the leased
				premises, together with such other studies as may be necessary for it to reach
				a determination as to development methods, preparations, equipment, and mining
				of the leased premises:
The lessee shall expend for approved development work within
				the times and in the amounts as follows:
(1) According to the total number of acres
			 covered by advance rental payment each year under this lease, prior to the end
			 of the first year of each mineral lease -- an amount equal to the total number
			 of acres leased in each lease multiplied by $1; and
(2) Prior to the end of second year of each
			 mineral lease -- an additional amount equal to the total number of acres in
			 possession under each lease at the beginning of the second year multiplied by
			 $2; and
(3) Prior to the end of
			 each subsequent year of each mineral lease -- an additional amount annually
			 equal to the total number of acres in possession under each lease at the year's
			 beginning multiplied by $3.
(4)
			 Development work or improvements, to be acceptable, must contribute directly to
			 the mining or mineral potential of the property.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0610 - Royalties

Current through Register Vol. 63, No. 7, July 1, 2024
All valuable minerals and specific materials removed by any
				person from lands or mineral rights subject to ORS 273 .780 shall be subject to
				payment of royalties to the Division of State Lands in accordance with these
				rules, except that any person may remove minerals, sand and gravel, or rock
				materials in quantities not exceeding ten yards per year without payment of
				royalties. Royalties rates shall be charged upon the gross value of the
				minerals removed from the lease premises and sold or otherwise utilized by the
				lessee during each month of the lease, as follows:
(1) For metallics and uranium -- 5
			 percent.
(2) For non-metallics
			 except those covered by OAR
			 141-014-0300  through
			 141-014-0370  et seq., sand, gravel, and rock -- A rate per ton to be determined by the
			 Director to be fair and reasonable under the particular lease to be
			 issued.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0615 - Measurement

Current through Register Vol. 63, No. 7, July 1, 2024
The lessee shall accurately measure or gauge the quantity and
				quality of all production in accordance with the standard practices, procedures
				and specifications used in the industry.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0620 - Basis of Value

Current through Register Vol. 63, No. 7, July 1, 2024
The value of minerals or specified materials shall be
				determined by the gross market value at the mine mouth. In the event that
				minerals are not sold in raw form but are furnished to a plant owned or
				controlled by the lessee, the gross market value may be determined by an
				appraisal of values for minerals of like quality and quantity. Should the
				Division believe that any charges imposed and deducted are excessive or that
				the price received by lessee is unreasonable, lessee shall, upon 30 days
				written notice, produce evidence that the charges or price or both comply with
				the above requirements.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0625 - Commingling

Current through Register Vol. 63, No. 7, July 1, 2024
All production shall be maintained segregated until an approved
				system of measurement has accounted for the quantity and quality of the leased
				minerals. Approval may be obtained to commingle production upon proof that
				royalty payable to the state shall not be diminished.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0630 - Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A mineral lease
			 shall not be assigned, in total or in part, without written approval of the
			 Director.
(2) Each request for
			 total or partial assignment of lease must be accompanied by the following:
(a) A completed "Assignment of Lease" form
			 (available from the Division);
(b)
			 A fee in the amount of $50 payable by check;
(c) If a corporation, written verification
			 that the assignee is registered to conduct business in Oregon. Registration
			 must be through the Corporation Division, Secretary of State's Office, Salem,
			 OR 97310.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0635 - Surface Management

Current through Register Vol. 63, No. 7, July 1, 2024
In all leases where the state has no interest in the surface
				estate, the lease shall contain the following provision for protection of the
				surface owner:
Unless waived in writing, the lessee shall annually pay to the
				surface owner a sum equal to the amount of damages sustained by the surface
				owner for loss caused by mining activity. The amount of damages may be
				determined by any formula mutually agreeable between the surface owner and the
				lessee.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0640 - Reclamation

Current through Register Vol. 63, No. 7, July 1, 2024
It shall be a continuing obligation of the lessee to pay the
				cost of the surface reclamation necessitated by that lessee's mining operation.
				This obligation as to state-owned land or mineral rights shall not be limited
				by the bond limitation required under ORS
				517.810. If a lessee fails to
				begin reclamation of the leased premises as scheduled in the plan required
				under OAR
				141-071-0520 or within one year after termination of the mining operation, the Division may
				conduct such reclamation operations as it finds necessary and levy the costs
				thereof as a charge upon the lessee. Such action shall not preclude any other
				action at law by the state.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0645 - Relinquishment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A mining lease,
			 or any portion of the mineral rights covered by such lease, may be relinquished
			 by the lessee by filing a written statement with the Division which:
(a) Describes the mineral rights to be
			 relinquished by legal subdivision or survey;
(b) States that the land surface above the
			 mineral rights have not been disturbed, drilled, mined or otherwise affected,
			 or if disturbed or otherwise affected, describing the manner in which such
			 lands were restored to their original condition;
(c) States that all monies due and payable to
			 workmen employed by the lessee on the leased premises have been paid;
(d) Is accompanied by a release from the
			 State Department of Geology and Mineral Industries of Mined Land Reclamation
			 Act permit.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0650 - Investigation of Leased Premises

Current through Register Vol. 63, No. 7, July 1, 2024
The Division may conduct scheduled and unscheduled inspections
				of operations conducted by the lessee under a mining lease. Upon receipt of a
				complaint related to the conduct by the lessee of its mineral resource
				exploration, development, or production, the Division or any governmental
				official appointed to the task by it may make an investigation and collect
				facts and opinions.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 71 - ONSHORE MINERALS PROSPECTING AND LEASING RULES › Section 141-071-0655 - Suspension of Operation

Current through Register Vol. 63, No. 7, July 1, 2024
Upon the occurrence of any of the following events, the
				Director may issue an order suspending operations under a mining lease executed
				by the Division:
(1) Violation of the
			 regulatory requirement of the Oregon State Department of Geology and Mineral
			 Industries, the Oregon Department of Environmental Quality, the Division of
			 Employment, Bureau of Labor, Workmen's Compensation Board, Public Utility
			 Commissioner, Department of Revenue or other authority having jurisdiction, in
			 excess of 30 days after notice in writing from any such agency, except that
			 requirements undergoing further consideration or reconsideration by such
			 agency, or appeal to the courts of such agency's decision, shall allow
			 continued operation of the leased premises.
(2) Any violation of the terms and conditions
			 of a mining lease which, in the judgment of the Director, jeopardizes the
			 environment, public health, welfare, or safety of the State of
			 Oregon.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790