Oregon Administrative Code

141-001-0007 Model Rules of Procedures for Contested Case Hearings Pursuant to ORS 183.341, The Department of State Lands and the State Land Board adopt by reference the Attorney General’s Model Rules of Procedures for Contested Cases (OAR 137-003) in effect January 1, 2023. Stat…

141-001-0010 Contested Case Hearings Procedures for contested case hearings for the Department of State Lands are provided in the Model Rules of Procedure, OAR 137-003-0501 to 137-003-0700 by the Office of Administrative Hearings. The rules in this division (001) are subject to t…

141-001-0020 Model Rule for Mediation Confidentiality Pursuant to ORS 183.341 and ORS 36.224, the Department of State Lands and the State Land Board adopt by reference the Attorney General’s Model Rule for Mediation Confidentiality (OAR 137-005-0052) in effect January 1, 2023. St…

141-005-0000 Definitions (1) “Regular Meeting” means any convening of the board, other than a special meeting, emergency meeting, or executive session, to conduct normal business, make decisions, or deliberate toward a decision on any matter. (2) “Special Meeting” means a conveni…

141-005-0005 Regular Meetings (1) The Regular meetings of the State Land Board shall be scheduled on a date, and held at a time and location acceptable to the Board members. (2) Proper Notice of regular meetings shall consist of: (a) Personal Notice to each member of the board at…

141-005-0010 Cancellation of a Meeting If there is sufficient time, notice of cancellation of a meeting for which notice has been given shall be given to the same parties and in the same manner as was the notice of the scheduled meeting. If unforeseen circumstances preclude timel…

141-005-0020 Special Meetings (1) A special meeting of the State Land Board may be called at any time by the Governor or by a majority of the members of the board. (2) Notice shall be given to members of the board at least 24 hours prior to the special meeting. Interested persons…

141-005-0030 Emergencies In case of an emergency, a meeting of the State Land Board may be canceled, or a meeting may be held upon such notice as is appropriate and reasonable under the circumstances. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.03…

141-005-0040 Executive Sessions An executive session of the board may be held during a regular, special, or emergency meeting when authorized under ORS 192.660, after identifying the specific authorization for holding the executive session. When an executive session only is to be…

141-005-0050 Authority to Change or Cancel a Meeting or to Call a Special or Emergency Meeting The Director of the Department of State Lands, acting under the direction of the Governor, in the case of a special meeting, or a majority of the members of the State Land Board, may ca…

141-005-0060 Responsibility for Notices The Director of the Department of State Lands shall be responsible for the giving of all notices required by these rules. Statutory/Other Authority: ORS 192 & 273 Statutes/Other Implemented: ORS 273.035 History: LB 2-1987, f. & ef. 5-6-87, …

141-010-0005 Definitions “Board” means the State Land Board. Statutory/Other Authority: ORS 274 Statutes/Other Implemented: ORS 274.735 History: LB 6, f. & ef. 9-17-64

141-010-0010 Sealed Bids Required The leasing of offshore tracts for the production of oil, gas, and sulphur shall be by sealed bids. Bids shall be submitted on forms supplied by the Board, or image copies thereof. To be considered, bids shall be received at the Department of Sta…

141-010-0015 Lease Map Reference to the tract number as designated on the official lease map adopted by the Board on January 3, 1964, and any subsequent revisions shall constitute sufficient description for bidding and leasing purposes. The successful bidder will assume full resp…

141-010-0020 Bidding Procedure (1) When a bid or bids are submitted in person to the Board, name and address of the bidder and the number of tract bid on shall be designated on the envelope sealing each bid. (2) When a bid or bids are submitted by mail, each bid shall be placed i…

141-010-0025 Authorization Bids submitted by corporations or partnerships shall contain an affidavit or a certificate of authority verifying that the company official, agent, or partner signing the lease and bid offer is duly authorized to enter into such a contract for the bidde…

141-010-0030 Financial Statement A certified financial statement establishing to the satisfaction of the Board the bidder’s financial ability to undertake and fulfill all obligations under the prospective lease must accompany the bid. The findings of the Board as to whether the b…

141-010-0035 Refund Checks enclosed with the bids will be returned to the bidders upon request, except in the case of the successful bidder. Such requests are to be submitted on a form supplied by the Board. The execution of a request for refund shall be determined a withdrawal o…

141-010-0040 Forms Form SLB1, 10-21-64. Bid Form; Oil, Gas and Sulphur Lease; and Form SLB2, 10-21-64, Request for Return of Deposit, copies of which are attached hereto and by this reference made a part hereof, are hereby adopted and prescribed by the State Land Board. [Publicat…

141-010-0201 Authority and Purpose (1) These rules are adopted under authority of ORS 274.705–274.860 relating to exploration and development of offshore oil, gas and related sulphur resources. These rules do not apply to offshore exploration of hard minerals or to scientific res…

141-010-0205 Definitions (1) “Applicant” — Person who submits an application for a permit under these rules. (2) “Aggrieved Person” — Any person who has submitted comments on an application pursuant to OAR 141-010-0230, and who objects to issuance of a permit or any terms or cond…

141-010-0210 Permit Requirement and Jurisdiction (1) A permit is required to conduct any geological or geophysical survey on lands subject to these rules. Lands subject to these rules include tidal submerged lands and all state-owned submerged and submersible lands lying west of …

141-010-0215 Permit Regions (1) For purposes of these rules, the lands subject to permits are divided into five regions, as described below: (a) Region I: from the Oregon-California Border to Cape Blanco; (b) Region II: from Cape Blanco to Cape Perpetua; (c) Region III: from Cape…

141-010-0220 Permit Application A permit application shall be submitted on a form provided by the Department and shall include the following: (1) The name and address of the applicant; (2) The name and registration number of the vessel(s) to be used in conducting the proposed sur…

141-010-0230 Permit Review Process (1) Within ten working days after receipt of a completed application, the Department shall: (a) Circulate the application for review and comment to: (A) The Department of Fish and Wildlife; (B) The Department of Geology and Mineral Industries; (…

141-010-0235 Land Use Review (1) Before taking action on any permit application, the director shall determine whether the proposed activity affects land use and if so, complies with applicable provisions of the Oregon Statewide Planning Goals adopted by the Land Conservation and …

141-010-0240 Term The permit period shall not exceed two years. If circumstances have not materially changed, the permit may be renewed for like periods upon application to the Department and upon showing due compliance with the original permit and applicable laws and regulations…

141-010-0250 Notice (1) At least 15 days before commencing a survey, the permittee shall provide notice as follows: (a) For all surveys, written notice of the specific survey site, including tract lines (if applicable), method of operation, vessel name, and contact person on boar…

141-010-0260 Permit Conditions (1) In issuing a permit, the director shall include conditions proper to safeguard the interests of the state. (2) Each permit shall include, but not be limited to, the following minimum conditions: (a) The permittee shall provide and maintain until…

141-010-0270 Reporting (1) If requested by the director, the permittee shall submit to the Department monthly status reports during periods of active survey operations. The reports shall be in a form approved or prescribed by the Department. (2) If requested by the director, the …

141-010-0280 Confidentiality All proprietary information submitted by an applicant or permittee pursuant to these rules shall be treated as confidential trade secrets under ORS 192.500(1)(b) and shall not be disclosed to the public unless released by the permittee. Proprietary in…

141-010-0290 Inspection, Enforcement, Cancellation of Permit (1) Upon request by the director, a permittee shall provide food and quarters for a representative of the director to observe and inspect survey activities onboard the survey vessel. (2) Upon oral or written notice to t…

141-014-0200 Purpose and Applicability These rules: (1) Govern the granting of leases and licenses for the removal or use of: (a) Rock, sand, gravel and silt derived from state-owned submerged and submersible land (hereafter referred to as “material”); and (b) State-owned dredged…

141-014-0210 Definitions (1) "Applicant" is any person applying for an authorization to remove or use material, or the successful bidder at an auction prior to final lease execution. (2) "Article of Commerce" is material that is bought, sold or exchanged in any manner for goods o…

141-014-0220 Policies and General Provisions (1) Pursuant to Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board, through the Department, has a constitutional responsibility to manage all Trust and Non-Trust Land under its jurisdiction “with the object of …

141-014-0230 Forms of Authorization Offered by the Department for the Removal or Use of Material (1) Two forms of authorization are available from the Department for the removal or use of material: a lease or a license. The Department will determine not only if it will issue an a…

141-014-0240 Application Requirements for Removal of Material (1) Except as provided in OAR141-014-0240(4), any person wanting to remove material must: (a) Apply in writing to the Department for a lease or license using a form provided by the Department; and (b) Submit: (A) A ful…

141-014-0250 Lease or License Application Review and Approval Process (1) Upon receipt of an application for a lease or license, the Department will determine: (a) If the application is complete; (b) If the subject area is available for the requested removal; (c) If, under these …

141-014-0260 Process for Offering a License for the Removal or Use of Material Either From State-owned Submerged and Submersible Land or that is Placed on an Upland Site (Dredged Material) (1) If, after completing the processes provided in OAR 141-014-0240(1) through (3) and 141-…

141-014-0270 Process for Offering a Lease for the Removal or Use of Material From State-Owned Submerged and Submersible Land If, after completing the processes provided in OAR 141-014-0240(1) through (3) and 141-014-0250(1) through (5), the Department decides to offer a lease for…

141-014-0280 Process for Offering a Lease for the Removal or Use of Material that Has Been Placed on an Upland Site (Dredged material) (1) A preference right to lease is not available to the owner of land underlying or adjacent to dredged material that has been deposited on an up…

141-014-0300 Measurement Determination (1) The Department may at its discretion allow an applicant, lessee or licensee who is unable to measure and report the amount of material removed or used in cubic yards to measure and report the quantity in short tons. However, the Departme…

141-014-0310 Activities Subject to Payment of Compensation (1) Unless otherwise specifically exempted by OAR 141-014-0320, all material removed or used is subject to payment of compensation to the Department. (2) Compensation will be paid and is owed to the Department if the mate…

141-014-0320 Compensation Exempt Activities (1) Numerous exemptions to the payment of compensation to the Department are provided in ORS 274.550. (2) Compensation is not owed to the Department if: (a) The material is removed or used for a public purpose, and (b) The Department is…

141-014-0330 Compensation (1) Each lessee or licensee must pay compensation to the Department in an amount based on quantity of material actually removed or used during that reporting period multiplied by the compensation rate in effect at the time of the removal or use. (2) The …

141-014-0340 Lease and License Modifications (1) A lessee or licensee must submit a new application to the Department if they want to: (a) Enlarge the area they are authorized to use under their lease or license; (b) Increase the amount of material they want to remove; or (c) Mak…

141-014-0350 General Lease and License Conditions (1) All leases are exclusive and will only be offered through a competitive bid auction procedure except when: (a) The applicant is the preference right holder of the area for which an application is received; (b) A preference rig…

141-014-0360 Lease and License Renewal (1) To the extent required by law, the Department shall honor the terms and conditions of any existing valid authorization for the removal or use of material including any that entitle the holder to renew the authorization. (2) A lessee shal…

141-014-0370 Insurance and Bond (1) The Department, in the exercise of its reasonable discretion, may require the holder of a lease or license to remove or use material to obtain insurance in a specified amount if the use or removal, in the opinion of the Department, constitutes …

141-014-0380 State Land Closures and Use Restrictions (1) The Department may by itself, or at the request of another person, request Land Board authorization to begin rulemaking to close all or part of a parcel of state land to the removal or use of material. (2) The Land Board m…