reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0300 - Procedures for Resolving Claims to Formerly Submerged or Submersible Land (does not apply to lands described in OAR 141-067-0215)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director may issue a quitclaim deed
			 to resolve a cloud of title over formerly submerged and submersible land. Such
			 land may be, but is not limited to, areas that once were submerged or
			 submersible land but are no longer connected to or a part of a state-owned
			 (navigable) body of water due to the dynamic forces of the waterway. Such lands
			 may be disposed of after the Department has completed a review of the facts and
			 determined the extent, if any, of the state's ownership interest in the land.
(2) Any person may submit an
			 application to resolve a claim to formerly submerged and submersible land. The
			 application must be submitted on a form provided by the Department and include
			 the appropriate application fee. Upon receipt of the application, and in order
			 to determine the extent, if any, of the state's ownership claim, the Department
			 will conduct an initial review of the application, including but not limited
			 to:
(a) A determination whether or not the
			 parcel(s)/lot(s) described in the land sale application are legal lots of
			 record as described in ORS Chapter 92;
(b) A determination, based, if necessary, on
			 a preliminary title report conducted by the Department or its agent, of the
			 Department 's rights and interests in the land or interests in land described
			 in the land sale application; and
(c) A Land Sale Evaluation of the lands
			 involved in the 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.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0310 - General Requirements for Appraisals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appraisals conducted for land sales,
			 purchases or exchanges shall comply with the following requirements:
(a) Be conducted by a State of
			 Oregon-licensed appraiser familiar with the type of property to be appraised
			 and in accordance with the Uniform Standards of Professional Appraisal Practice
			 (USPAP) standards.
(b) Unless
			 directed otherwise by the Department, the appraisal shall estimate the fair
			 market value of the property based on its highest and best use, taking into
			 account the contributory value of all offered interests in the property such as
			 water rights, minerals, or timber to the extent that such interests are
			 consistent with the highest and best use of the property.
(c) The appraisal report must include
			 sufficient description of the property, highest and best use analysis,
			 valuation methodology and support materials to fully document and justify the
			 appraiser's estimate of fair market value.
(d) The Department may, based on the
			 particular use of the appraisal, impose additional requirements or conditions
			 on the appraisal.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0320 - Procedures for the Sale, Exchange or Release and Transfer of Mineral and Geothermal Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of OAR 141-067-0320(2) and (3):
(a) "Owner" means:
(A) The record holder of the fee title
			 interest in residential real property; or
(B) The contract purchaser of residential
			 real property.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 67 - RULES GOVERNING THE SALE, EXCHANGE AND PURCHASE OF LAND › Section 141-067-0330 - Procedures for Purchases including Donations of Land or Interests in Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Land or
			 interests in land to be purchased for addition to the South Slough National
			 Estuarine Research Reserve must be approved by the South Slough Commission and
			 the State Land Board.
(2) Land or
			 interests in land to be acquired by the Department through either purchase or
			 donation must be approved in advance by the State Land Board and must be
			 consistent with the policies set forth in the Asset Management Plan and OAR
			 141-067-0140.
(3) In acquiring land
			 or interests in land by purchase, the Department will pay an amount equal to
			 the price a prudent purchaser would pay under similar circumstances.
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 141-067-0340 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
Any applicant may request reconsideration of a decision of the
				Department or the State Land Board relating to 141-067.
(1) The request must be received by the
			 Director no later than 30 calendar days after the delivery of the
			 decision.
(2) The Director will
			 review the request within 60 calendar days after the date of delivery of the
			 request.
(3) The Director may
			 recommend to the State Land Board either that the decision be modified based on
			 the merits of the request, or that the Land Board authorize initiation of a
			 contested case proceeding.
(4)
			 There is no opportunity to request reconsideration of a land sale or State land
			 exchange after the transaction has occurred and title has passed from the State
			 of Oregon to the purchaser or land exchange partner.
(5) If the Director recommends that the State
			 Land Board initiate a contested case proceeding, the State Land Board will
			 select a hearing officer and proceed pursuant to ORS
			 183.413 through
			 183.470.
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 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0000 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules:
(1)
			 Govern the identification of State's interest in historically filled lands by
			 the Department of State Lands (Department).
(2) Govern the notification process of
			 State's interest in historically filled lands by the Department.
(3) Govern the process to clearing title to
			 historically filled lands and new lands.
(4) Govern the sale, exchange and reservation
			 of historically filled lands by the Department.
(5) Govern the creation, sale, exchange and
			 reservation of new lands by the Department.
(6) Do not govern the land sale or exchange
			 of state-owned trust lands, or mineral and geothermal resource rights as
			 administered in OAR 141-067.
(7) Do
			 not govern the issuance of state leases, easements or other local, state or
			 federal permits for historically filled lands and new lands.
(8) Do not govern the placement of rip-rap;
			 structures constructed by a drainage or diking district; tidegates; wharves; or
			 other uses of state-owned submerged and submersible lands as administered in
			 OAR 141-082.
(9) Do not govern the
			 placement of bridges or other crossings of state-owned submerged and
			 submersible lands as administered in OAR 141-122 or OAR 141-123.
(10) Do not govern the removal or fill of
			 material in waters of the state as administered in OAR 141-085.
Statutory/Other Authority: ORS 183, 273 & 274
Statutes/Other Implemented: ORS
				  274.905-274.956
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0030 - Identification of State's Interest in Historically Filled Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon direction
			 from the Board to determine whether any interest remains or is vested in the
			 State of Oregon with respect to historically filled lands in a segment of a
			 waterway, the Department shall take the following steps:
(a) Post a public notice on the Department's
			 website;
(b) Submit a press
			 release to media in the study area; and
(c) Inform affected property owners, affected
			 local, state and federal agencies, state legislators representing the district
			 where the segment is located, any local port district, any local federally
			 recognized tribes, any local watershed councils, national estuary programs and
			 soil and water districts, and other interested persons.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0040 - Notification of a State Land Board Declaration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following a Board declaration, the
			 Department shall:
(a) Post a public notice on
			 the Department's website;
(b)
			 Submit a press release to media in the study area; and
(c) Provide notice to affected local, state
			 and federal agencies, state legislators representing the district where the
			 study area is located, any local port district, any local federally recognized
			 tribes, any local watershed councils, national estuary programs and soil and
			 water districts, and other interested persons.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0050 - Resolving Ownership of Historically Filled Lands prior to State Land Board declaration and New Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding the provisions of OAR 141-068-0030  through OAR 141-068-0040,
			 any person with a potential interest in a property that wishes to resolve
			 ownership of historically filled lands prior to declaration (including those
			 lands excluded per OAR 141-068-0020(14)), or new lands may meet with the
			 Department to discuss the facts concerning the creation and ownership of the
			 lands in question.
(2) The
			 Department shall charge an investigation fee of $250 if requested to complete a
			 Strength of Claim checklist. The director has the discretion to waive this fee.
			 A waiver must be in writing and explain the rationale for the waiver.
(3) The Department shall take the
			 steps listed in OAR 141-068-0030(2)  when completing an investigation.
(4) The Department shall complete
			 a Strength of Claim checklist that summarizes the findings of the Department's
			 investigation.
(5) 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 historically filled land and offer to provide
			 a conveyance that clears title to the lands as allowed under these rules;
(b) Begin the process to sell or
			 clear title to the historically filled lands as provided 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.
(g) A conveyance issued under OAR
			 141-068-0050(5)(a)  may be carried out by the Director, and does not require
			 further State Land Board approval.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0060 - Land Sale Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application to clear title, 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
			 contiguous land parcels.
(4) The
			 application fee for historically filled land, and existing new lands sales or
			 land exchanges is $500 per application.
(5) An application to create new lands under
			 OAR 141-068-0100  shall serve as the application fee to purchase if approved by
			 the State Land Board.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS
				  274.905-274.956
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0070 - Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Upon receipt of an application, the Department will determine whether it is
			 complete. In order to be complete, an application must meet the requirements of
			 OAR 141-068-0060  (all sections of the application must be correctly filled
			 out), and must be signed and dated by the applicant. Applications determined to
			 be incomplete will be returned to the applicant with a written explanation of
			 the reason(s) for rejection.
(2)
			 If a rejected application is resubmitted within 120 calendar days from the date
			 the Department returned it to the applicant, no additional application fee will
			 be assessed.
(3) The Department
			 will prioritize the processing of complete applications based on the following
			 factors:
(a) An impending transaction or
			 financing of the property in question;
(b) Department resources available to process
			 the application requests;
(c)
			 Other factors as delineated by the Director.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0080 - Land Sale Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant and the Department may enter into a negotiated sale at any time. A
			 negotiated sale shall include:
(a) An
			 appraisal or appraisal report must be completed on the land if the initial
			 evaluation determines the value to be over $100,000. If the initial Department
			 evaluation determines the property to be under $100,000 in value, the RMV is
			 used to establish the value; and
(b) A schedule of the costs to be borne by
			 the applicant and those administrative costs to be reimbursed to the Department
			 by the applicant.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0090 - Land Sale Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will offer the type of deed (for example: quitclaim deed or bargain
			 and sale deed) it deems to be the most legally defensible and best represents
			 the known rights and interests held by the State in the land or interest in
			 land being conveyed in the transaction.
(2) The Department may enter into a land sale
			 contract that allows the applicant to make annual installment payments over no
			 more than five years when purchasing the property.
(3) The Department and an applicant may agree
			 to enter into a land sale contract where payment to the Department is made
			 through a lien against the property if:
(a)
			 The applicant is over the age of 65; or
(b) The applicant has a level of income that
			 is less than 80% of the median income in the county where the property is
			 located.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0100 - Permission to Create New Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to ORS 274.920, no one other than the
			 United States, while engaged in the promotion of navigation, shall artificially
			 create new lands by fill or deposit upon submersible or submerged lands without
			 the approval of the owner of such lands and the owner of the adjoining or
			 opposite upland on the same side of the body of water.
(2) Any person requesting to create new lands
			 from state-owned submerged and submersible lands shall meet with Department
			 staff to discuss the proposed project and use before submitting an application
			 to the Department. This meeting may be in person or through other means
			 acceptable to the Department. The Department may invite other government
			 entities to take part in a pre-application meeting.
(3) Any person requesting to create new lands
			 from state-owned submerged and submersible lands shall apply for permission to
			 create the new lands.
(4) The
			 application fee for requesting to create new lands is $1,000 per application. A
			 single application may include multiple contiguous land parcels.
(5) An application to create new lands shall
			 be circulated to affected local, state, and federal agencies; holders of valid
			 authorizations granted by the Department in the requested area; any local port
			 district, any local federally recognized tribes, any local watershed councils,
			 national estuary program and soil and water districts, and other interested
			 persons. As a part of this review, the Department will specifically request
			 comments concerning:
(a) The presence, type
			 and location of state or federally listed threatened and endangered species
			 (including threatened, endangered, candidate and sensitive species), and
			 archeological and historic resources within the lands;
(b) Current or historic use of the lands for
			 fishing or recreation;
(c)
			 Existing public access to the water from lands, road, or right of way across
			 the lands;
(d) Importance of the
			 lands to existing or future navigational needs.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0110 - Sale or Exchange of New Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall follow the
			 provisions of ORS 274.925 to ORS
			 274.937 when offering an
			 eligible person the right to purchase certain new lands.
(2) Notwithstanding the provisions of OAR
			 141-068-0110(1), any person may apply to purchase or exchange new lands per OAR
			 141-068-0060. The application shall be processed and reviewed per OAR
			 141-068-0070.
(3) Notwithstanding
			 the provisions of OAR 141-068-0110(1), the sale or exchange of new lands shall
			 be a negotiated sale subject to the provisions of OAR 141-068-0080  and OAR
			 141-068-0090.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS
				  274.905-274.956
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0120 - Reservation of New and Historically Filled Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 274.940, the Department may
			 reserve new and historically filled lands from sale, transfer or lease where
			 upon notice and hearing the Department determines that the public interest
			 requires the lands to be preserved for recreation, conservation of fish and
			 wildlife or the development of navigation facilities. But in case of such
			 reservation, the adjoining or opposite upland or riparian owner shall be
			 allowed reasonable access across such reserved historically filled lands to
			 navigable water.
(2) The
			 Department shall use the comments received during public review and other
			 findings when considering whether lands shall be reserved from sale.
(3) The Department shall hold a public
			 hearing in the affected community prior to reserving the new or historically
			 filled lands from sale.
(4) The
			 Department will give 30 calendar days' notice of a public hearing to adjacent
			 land owners, lessees, interested persons, agencies and local governments by
			 mail or e-mail, and press release. The public hearing information will also be
			 posted on the Department's website.
(5) A determination that the public interest
			 requires new and historically filled lands to be reserved is not a final agency
			 order.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS
				  274.905-274.956
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0130 - 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 141-068) as permitted by 125-045-0210.
(3) DAS approval is not required for the sale
			 of New Land, where ORS
			 274.905 to
			 274.940 gives a person or public
			 body a right to purchase New Lands.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS
				  274.905-274.956
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 68 - IDENTIFICATION, NOTIFICATION, SALE AND EXCHANGE, CLEARING TITLE, OR RESERVATION OF HISTORICALLY FILLED LANDS, AND APPROVAL TO CREATE, SELL, EXCHANGE OR RESERVE NEW LANDS › Section 141-068-0140 - General Requirements for Appraisals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Appraisals conducted for land sales,
			 purchases or exchanges shall comply with the following requirements:
(a) Be conducted by a State of
			 Oregon-licensed appraiser familiar with the type of property to be appraised
			 and in accordance with the Uniform Standards of Professional Appraisal Practice
			 (USPAP) standards.
(b) Unless
			 directed otherwise by the Department, the appraisal shall estimate the fair
			 market value of the property based on its Highest and Best use, taking into
			 account the contributory value of all offered interests in the property such as
			 water rights, minerals, or timber to the extent that such interests are
			 consistent with the highest and best use of the property.
(c) The appraisal report must include
			 sufficient description of the property, highest and best use analysis,
			 valuation methodology and support materials to fully document and justify the
			 appraiser's estimate of fair market value.
(d) The Department may, based on the
			 particular use of the appraisal, impose additional requirements or conditions
			 on the appraisal.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide a uniform system for
				leasing onshore oil and gas rights to individuals, corporations, and public
				bodies to encourage exploration and extraction of the state-owned oil and gas
				resources. These rules are promulgated and will be administered by the Division
				of State Lands under the authorities of ORS 273 .551 et seq. and
				273.775 et
				seq.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Anniversary
			 Date" means the annual anniversary of the month and day specified in the first
			 paragraph of the lease agreement.
(2) "Cash Bonus" means a per-acre sum of cash
			 offered by a bidder as consideration for the execution of an oil and gas lease.
			 A cash bonus is neither rent nor royalty but in addition thereto.
(3) "Director" means the Director of the
			 Division of State Lands or his or her designee.
(4) "Division" means the Division of State
			 Lands.
(5) "Environmental Impact
			 Assessment" means an environmental analysis prepared by the lessee on a form
			 provided by the Division describing how the lessee's proposed activity will
			 affect the natural resources including fish, wildlife, water, recreational,
			 scenic and other resources of the leased lands; and describing the actions
			 lessee will take to minimize these impacts.
(6) "Geophysical Survey" means the
			 investigation of subsurface geological conditions by any method, including but
			 not limited to the following: seismic, gravity, magnetics, electric and
			 geochemical sampling.
(7) "Long
			 Ton" means an amount equal to 2,240 pounds.
(8) "Negotiated Lease" means a lease varying
			 from the standard form of lease, negotiated for lease parcels of less than the
			 minimum 40 acres in size, pursuant to the requirements of OAR
			 141-070-0050(6).
(9) "Operations Plans" means the written plan
			 of operations for oil and gas production and associated activities required by
			 the State Department of Geology and Mineral Industries in conjunction with
			 obtaining a drilling permit.
(10)
			 "Surface Entry" means entry upon the surface of the leased premises to drill,
			 mine, produce, lay pipelines or otherwise disturb the surface of the property.
			 As used herein, a surface entry permit is not required to conduct geophysical
			 or other nondestructive survey techniques such as geological mapping of the
			 surface.
(11) "Shut in Well" means
			 a well that is capable of producing oil and gas but production from the well
			 has been temporarily halted.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0020 - Qualification Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 qualify for a State of Oregon geophysical permit or oil and gas lease, an
			 applicant must be:
(a) A citizen of the United
			 States of legal age;
(b) A
			 partnership conducting business under an assumed business name or a corporation
			 registered with the State Corporation Division; or
(c) A domestic governmental body.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0030 - Geophysical Survey Permit

Current through Register Vol. 63, No. 7, July 1, 2024
A geophysical survey permit is required from the Division to
				explore state-owned land for potential oil and gas resources. A permit may be
				requested in writing from the Division's mineral leasing manager and will be
				issued, if approved, on a form approved by the Director. Each application for a
				geophysical survey permit shall be accompanied by a $50.00 processing
				fee:
(1) The geophysical survey permit
			 allows surface entry to explore the subsurface by techniques acceptable to the
			 Division.
(2) Permission to conduct
			 surveys across state leased lands must be obtained from state's lessee prior to
			 surface entry.
(3) The geophysical
			 survey permit does not grant any rights to extract oil and gas nor grant any
			 preference rights to an oil and gas lease.
(4) The Director may require the permittee to
			 submit a post-exploration map to the Division identifying the exact location of
			 all tests conducted.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0040 - Title Warranty

Current through Register Vol. 63, No. 7, July 1, 2024
The state makes no representation or warranty whatsoever with
				respect to its title to any lands offered for lease.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0050 - General Leasing Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Division of State Lands may conduct an auction of oil and gas rights upon
			 receipt of applications nominating state-owned lands. The minimum acreage
			 required for an auction to be conducted shall be determined by the Director.
			 The Division may also nominate state-owned lands for auction.
(2) Nomination of oil and gas rights for
			 auction shall be submitted on an application form provided by the Division
			 pursuant to OAR
			 141-070-0060  below and will be considered an offer to lease and pay the minimum advance
			 rental amounts for all lands nominated.
(3) State-owned oil and gas rights may be
			 leased by oral bid auction or sealed bid auction, at the discretion of the
			 Director. Under special circumstances, certain oil and gas rights may be leased
			 through negotiation without an auction. (See section (6) of this
			 rule.)
(4) All applications shall
			 be presumed to be requests to lease state lands by the oral lease auction
			 procedure. If the Director elects to lease the nominated lands by sealed bid
			 procedure, all processing fees shall be refunded if applicants do not wish to
			 participate.
(5) The legal
			 descriptions of all lands nominated for auction shall be forwarded to affected
			 government agencies, surface rights owners and other interested parties for
			 review and comment. This notice is given pursuant to the Land Conservation and
			 Development Commission governmental action coordination plan.
(6) The Director will determine which lands
			 are available for auction or lease following consideration of comments received
			 from government agencies and interested parties. Prior to holding an auction or
			 offering parcels for lease, the Director may hold a public hearing to obtain
			 public input on the desirability of leasing state lands for oil and gas
			 production. The hearing will be an informational hearing only, to aid the
			 Division in its leasing decision.
(7) The Division will not auction oil and gas
			 leases for tracts of land that contain less than 40 acres, except in the case
			 of isolated parcels, or where the Division determines that the public interest
			 will best be served by waiving the minimum acreage requirement.
(8) A written request for a negotiated lease
			 of less than 40 acres of state lands without an auction will be considered if
			 the parcel is within a designated drilling unit and a drilling permit has been
			 issued or other sufficient evidence is provided to assure that drilling for oil
			 or gas will be accomplished within a reasonable period of time. The terms of
			 any negotiated lease will include a royalty of not more than 3/8 and an advance
			 rental bonus based on the lease term and parcel size.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0060 - Lease Application

Current through Register Vol. 63, No. 7, July 1, 2024
All requests to lease state-owned oil and gas rights shall be
				submitted on application forms provided by the Division.
(1) The completed application form must be
			 accompanied by a $50 per parcel processing fee payable by cash or check to the
			 Division of State lands.
(2) Each
			 application shall be deemed an offer to lease the oil and gas rights to the
			 lands described therein, including a commitment to pay one year's annual rental
			 in advance for all lands nominated by the applicant if no other bids are
			 received on the subject lands.
(3)
			 Lands included in a lease application will be described as parcels, with each
			 parcel comprised of not less than 40 acres nor more than a platted section of
			 approximately 640 acres except as allowed in OAR
			 141-070-0050(7) and
			 (8)  above.
(4) There is no limitation on the total
			 number of parcels that an applicant may nominate for auction.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0070 - Rejection

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may reject any application that is not in
				compliance with these rules or that is not in the public interest. If rejected,
				all fees shall be returned to applicant.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0080 - Auction Notice

Current through Register Vol. 63, No. 7, July 1, 2024
When the Director determines that sufficient lands have been
				nominated as described in OAR
				141-070-0050,
				an auction date will be established and details pertaining thereto will be
				announced to all interested parties as follows:
(1) The Division will maintain a mailing list
			 consisting of oil and gas lessees, previous bidders, parties who have requested
			 inclusion on the list, affected state agencies, other governmental bodies and
			 other interested parties as determined by the Division. When arrangements are
			 finalized, a notice of auction, including date, time, place, minimum bid
			 amount, legal description of the offered lands, and the type of auction, will
			 be mailed to those on the above described list.
(2) The Division will give at least one
			 public notice of each auction by publication in a newspaper of general
			 circulation in the county in which the lands are located, at least 30 days
			 prior to the auction date. The published notice will include the date, time,
			 place, minimum bid amount, legal description of the offered lands, and the type
			 of auction.
(3) All parties on the
			 mailing list will be notified if the auction is cancelled or
			 postponed.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0090 - Auction Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
The procedure for auctioning state oil and gas leases shall be
				either by sealed bid or oral bid. The selection of auction procedure shall be
				at the discretion of the Director based on the public interest. Bids shall
				include the minimum bid amounts set by the Director plus any additional
				per-acre cash bonus amount the applicant desires:
(1) Oral Bid Procedure. The minimum starting
			 bid amount per acre, minimum raise in bid per acre, and bidding unit parcels
			 will be set forth in the notice of auction:
(a) The highest qualified bidder shall pay
			 one year's advance annual rental at the close of the auction and any cash bonus
			 bid within five working days after the close of the auction. Upon compliance
			 with these rules and applicable statutes, the highest qualified bidder shall be
			 awarded the lease;
(b) If no bids
			 are received at the auction, the Division may award the lease to the original
			 nominating applicant by accepting that applicant's offer pursuant to OAR
			 141-070-0060(2);
(c) The Division reserves the right to reject
			 any and all bids on any tract offered for lease.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0100 - Lease Conditions and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
All oil and gas leases shall be on a form approved by the
				Director of the Division of State Lands. The oil and gas lease form contains
				specific contractual rights and obligations including, but not limited to, the
				following:
(1) The lease agreement
			 allows only limited right of surface entry to the leased lands. After the
			 Environmental Impact Assessment has been approved by the Division and the
			 Operations Plan has been approved by the Department of Geology an Mineral
			 Industries, and all necessary bonds, insurance, permits, and approvals have
			 been received, pursuant to OAR
			 141-070-0110  below, the Division may issue a surface entry permit to accomplish the purpose
			 of the lease.
(2) The lessee shall
			 be responsible for all damages resulting from its operations on the leased
			 lands.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0110 - Surface Entry Permit

Current through Register Vol. 63, No. 7, July 1, 2024
When the State owns the surface as well as the oil and gas
				rights, no road construction, site preparation or drilling for oil or gas shall
				take place on the surface of the leased premises prior to the issuance of a
				surface entry permit. When the state owns oil and gas rights but not surface,
				the lessee must pursue obtaining surface entry in the manner provided by law
				for exercising access to severed estate mineral rights. The Division may issue
				a surface entry permit upon receipt and approval of the following:
(1) An Operations Plan as required by the
			 Department of Geology and Mineral Industries in conjunction with obtaining a
			 drilling permit.
(2) A payment,
			 production and performance bond or bonds in the amount stipulated in the lease
			 agreement in addition to any performance bond that may be required by the
			 Department of Geology and Mineral Industries in connection with issuance of an
			 oil and gas drilling permit.
(3) A
			 certificate of insurance for not less than $1,000,000 combined single limit per
			 occurrence showing that the lessee is insured for personal injury, property
			 damage to third persons and liability under the terms of the lease agreement.
			 The insurance amount shall be for each occurrence and shall name the State of
			 Oregon as an additional insured.
(4) An Environmental Impact Assessment
			 completed by the lessee on a form provided by the Division. The environmental
			 assessment shall include but will not be limited to adverse effects on the
			 human and natural resources of the area, including scenic, recreational, public
			 health, and plant and animal resources. It will also require a description of
			 procedures the lessee will take to mitigate said impacts. The approval or
			 disapproval of the Environmental Impact Assessment will be determined by the
			 Division within 90 days of receipt of the completed form.
(5) Permits as required by governmental
			 bodies.
(6) A designated agent, if
			 lessee is a nonresident. Lessee shall designate, in writing, an Oregon resident
			 as a designated agent upon whom may be served written notices or orders
			 respecting the lease agreement.
(7)
			 Operator. Any operator appointed by the lessee shall be jointly responsible for
			 the faithful performance of all covenants and obligations of the
			 lease.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0120 - Rental Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
Lessee shall pay to the state annually in advance, the
				following rental amounts per acre or fraction of an acre per year:
(1) Annual Rental -- The amount of $1 per
			 acre or fraction of an acre payable in advance on an annual basis during the
			 primary ten-year lease term and any extended term of the lease.
(2) Delayed Rental -- The amount of $1 per
			 acre or fraction of an acre in addition to the annual rental to defer the lease
			 agreement drilling requirement. Delayed rental is payable on or before the 5th
			 through the 9th anniversary dates of the primary lease term unless the drilling
			 requirements are satisfied or the lease agreement is terminated.
(3) The lease shall automatically terminate
			 if all annual and delayed rental payments required by the lease are not
			 received by the Division on or before the anniversary date of the
			 lease.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0130 - Royalties

Current through Register Vol. 63, No. 7, July 1, 2024
The minimum royalties on all leases shall be:
(1) Oil -- One-eighth of the market value at
			 well head.
(2) Gas -- One-eighth of
			 the proceeds from sale of gas as calculated at well head.
(3) Sulphur -- One dollar per long
			 ton.
(4) At the discretion of the
			 Director, royalties for negotiated leases and for leases within six miles of a
			 shut in or producing oil and gas well may be in excess of the minimum royalty
			 but not to exceed 3/8 of the value as described under sections (1) and (2) of
			 this rule.
(5) The lessee shall
			 furnish monthly royalty statements specifying the total production, sales
			 price, taxes, and the state's share of production attributable to each leased
			 parcel of state land.
(6) Any
			 person authorized by the state may examine all books and records pertaining to
			 oil and gas resources taken from the leased lands.
(7) The state shall have the right to
			 measure, sample and/or witness the removal of all substances from the leased
			 lands at any reasonable time.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0140 - Assignment of Lease

Current through Register Vol. 63, No. 7, July 1, 2024
The assignment of a divided or undivided lease interest, in
				whole or in part, may only be accomplished by compliance with the
				following:
(1) Divided Interests. All
			 request for assignment of divided interests must be submitted on forms provided
			 by the Division and are subject to approval by the State Land Board. Assignment
			 of a separate portion of the lease shall release the assignor from further
			 lease obligations only with respect to the assigned lands.
(2) Undivided Interests. All request for
			 assignment of undivided lease interests must be submitted on forms provided by
			 the Division and are subject to approval by the Director. Undivided assignment
			 of lease interests does not segregate the lease, and the original lessee and
			 assignee shall both be responsible for the performance of all duties and
			 obligations of the lease agreement.
(3) Fee. The processing fee shall be $50 for
			 each assignment. All assignment forms shall be submitted in
			 duplicate.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0150 - Production Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
Whether or not the state owns the surface, no production of
				oil, gas, and the constituents thereof shall be commenced until the lessee has
				submitted, and the Director has approved, an Operations Plan and an
				Environmental Impact Assessment, or an amendment of a previously approved
				impact assessment.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0160 - Lease Termination

Current through Register Vol. 63, No. 7, July 1, 2024
At the expiration of the lease or upon sooner termination, the
				lessee shall execute and deliver to the state a release or a recorded quitclaim
				of the leased premises if the original lease was recorded.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 70 - LEASING OF ONSHORE STATE-OWNED OIL AND GAS RIGHTS › Section 141-070-0170 - Leases Issued Prior to the Effective Date of These Rules

Current through Register Vol. 63, No. 7, July 1, 2024
All upland oil and gas lease agreements issued prior to the
				effective date of these administrative rules remain subject to the provisions
				of OAR 141-072-0205 et seq., under Division 72 of Chapter 141, 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 141-071-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these regulations is to prescribe uniform
				procedures for obtaining and conducting operations under mineral prospecting
				permits and mining leases covering onshore state-owned lands and mineral rights
				under the jurisdiction of the Division of State Lands.
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790