Oregon Administrative Code

141-050-0996 Other Structures and Improvements Signs and temporary research installations may be permitted within a Natural Heritage Conservation Area. No other structures or facilities shall be located within a Natural Heritage Conservation Area except as provided in the managem…

141-050-0998 Amendments The Board may review and approve or disapprove any modification to the Plan submitted by the Council. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.563 - 273.591 History: LB 9-1982, f. & ef. 10-1-82

141-050-0999 Waiver of Rules The State Land Board may waive all or any part of these rules which would prevent the establishment, management, or protection of a Natural Heritage Conservation Area if such rule is in conflict with a statute, rule, regulation, or policy relating to …

141-060-0005 Purpose The purpose of these rules is to provide criteria and procedures to be used by the Oregon State Land Board and the Division of State Lands in distributing monies from the Oregon Rural Rehabilitation (ORR) Fund. The rules are to be construed in accordance with…

141-060-0010 Definitions (1) “Fund” means the Oregon Rural Rehabilitation (ORR) Fund. (2) “Assets” means the principle of the Fund and all income, proceeds, and acquisitions derived from it. (3) “Farms” means farms or ranches located within the boundaries of this state. (4) “Farm…

141-060-0015 Uses of the Fund As outlined in the 1975 Use Agreement between the state and the federal government, assets of the Fund may be used for one or more of the following farm-related purposes: (1) Loans to farmers made for acquisition or development of farms or for refina…

141-060-0020 Financial Awards (1) The Board may require retention of a minimum balance in the Fund to ensure that monies will be available for future awards. (2) Awards shall be made only in the form of loans and only to qualified applicants for approved uses of the Fund: (a) The…

141-060-0025 Needs Assessment (1) To determine effective uses of the Fund, the Division shall, upon the request of the Board, conduct an assessment of Oregon’s farm needs before each funding cycle. (2) The needs assessment shall include submission of a written questionnaire to th…

141-060-0030 Requests for Applications (1) At least 45 days in advance of the application deadline in any funding cycle, the Division shall issue a request for loan applications, which gives notice of the total amount of monies available for loans during the cycle, the maximum am…

141-060-0035 Loan Applications (1) The Division shall not accept loan applications from previous recipients of awards from the Fund. (2) Loan applications shall be submitted to the Division no later than the deadline date specified in the request for applications. (3) Loan applic…

141-060-0040 Review of Applications (1) Within 30 days after the deadline for loan applications, the Division shall evaluate each application under the following criteria: (a) Compliance with application requirements and annual priorities or preferred uses approved by the Board; …

141-060-0045 Funds Made Available Upon approval by the Board, the Division shall issue approved loans subject to the terms and conditions described in OAR 141-060-0015, and such additional provisions as the director may require. Statutory/Other Authority: ORS 566 Statutes/Other I…

141-067-0130 Purpose and Applicability These rules: (1) Establish procedures for the sale, exchange, and purchase of certain types and classifications of land and other interests including mineral and geothermal resource rights in land managed or to be managed by the State Land B…

141-067-0150 Definitions (1) "Abutting" means immediately adjacent to or facing. (2) "Apparent Successful Purchaser" is the person who is the highest acceptable bidder and who has agreed to the terms and conditions of a land sale prior to the final approval of the sale by the Sta…

141-067-0155 Policies (1) Pursuant to Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board has a constitutional responsibility to manage all land (Trust and Non-Trust) under its jurisdiction “with the object of obtaining the greatest benefit for the people …

141-067-0160 Eligibility to Apply to Purchase or Exchange Land Unless otherwise indicated in these rules, any person who is at least 18 years of age and who is a citizen of the United States or who has declared an intention to become a citizen, may apply to purchase or exchange s…

141-067-0165 Application and Application Processing Fees (1) An application to buy or exchange land subject to these rules must be submitted on a form provided by the Department. (2) Each land sale applicant must submit with the application a correct and concise description of th…

141-067-0170 Land Exchanges (1) Except as provided in OAR 141-067-0300 or as limited by 141-067-0155, the Department may exchange any lands or interests in lands for any other lands to meet objectives of the Asset Management Plan or the South Slough National Estuarine Research Re…

141-067-0180 Public Interest Review Process; Public Meetings and Hearings (1) After an application has been accepted for further processing or at anytime the Department decides to sell or exchange land the Department will notify, in writing, all affected lessees (by registered or…

141-067-0190 Compliance with the Department of Administrative Service (DAS) Rules for the Disposition and Acquisition of Real Property (1) Before acquiring any land by purchase or exchange or selling or exchanging any land or interests in land, the Department will notify the Depa…

141-067-0195 Resolving Ownership of Formerly Submerged and Submersible Lands (1) Any person interested in resolving ownership of formerly submerged and submersible lands may meet with the Department to discuss the facts concerning the creation and ownership of the lands in questi…

141-067-0215 Sale of Submerged and Submersible Lands (1) Any person may submit an application to purchase submerged and submersible land. The application must be submitted on a form provided by the Department. A non-refundable application fee in the amount shown in OAR 141-067-01…

141-067-0220 General Procedures for Land Sales (Except OAR 141-067-0215) (1) These general procedures apply to the processing of all land sale applications, except sales of formerly submerged and submersible land (under 141-067-0300), and release of mineral and geothermal resourc…

141-067-0230 Sale Procedures for Rangelands/Common School Grazing Lands (1) After rangeland is determined to be "available for sale" as described in OAR 141-067-0220, if a forage lessee of the land has not already done so, the forage lessee may apply, on a form prescribed by the …

141-067-0250 Type of Deed; Payments for Land Purchases; Contracts; Default Issuance of Deed; Certificates of Sale; Assignments; Recording (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 defensib…

141-067-0260 Disposition of Funds Received for Trust Land Sales and Funds from Trust Land Exchanges The proceeds of any Trust land sale or from land exchange equalization payments for Trust lands shall be deposited in the land revolving fund of the Common School Fund as establish…

141-067-0270 Methods for Conducting Land Sales (1) The director shall recommend to the State Land Board the method for conducting a land sale based upon the policies described in OAR 141-067-0155 and as set forth in these rules. (2) The following methods shall be used: (a) Direct…

141-067-0300 Procedures for Resolving Claims to Formerly Submerged or Submersible Land (does not apply to lands described in OAR 141-067-0215) (1) The Director may issue a quitclaim deed to resolve a cloud of title over formerly submerged and submersible land. Such land may be, b…

141-067-0310 General Requirements for Appraisals (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 accord…

141-067-0320 Procedures for the Sale, Exchange or Release and Transfer of Mineral and Geothermal Resources (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 pur…

141-067-0330 Procedures for Purchases including Donations of Land or Interests in Land (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) …

141-067-0340 Appeals 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 re…

141-068-0000 Purpose and Applicability 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…

141-068-0010 Definitions (1) "Abutting" means immediately adjacent to or facing. (2)"Affected Property Owners" refers to those people listed in the records of the county assessor as owners of property fronting, abutting or underlying, or having a recorded easement allowing access…

141-068-0020 General Provisions (1) Pursuant to Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board has a constitutional responsibility to manage all land (Trust and Non-Trust) under its jurisdiction “with the object of obtaining the greatest benefit for t…

141-068-0030 Identification of State’s Interest in Historically Filled Lands (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 …

141-068-0040 Notification of a State Land Board Declaration (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 fe…

141-068-0050 Resolving Ownership of Historically Filled Lands prior to State Land Board declaration and New Lands (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 o…

141-068-0060 Land Sale Application Requirements (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 o…

141-068-0070 Application Review Process (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),…

141-068-0080 Land Sale Approval Process (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 …

141-068-0090 Land Sale Conditions (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 …

141-068-0100 Permission to Create New Lands (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…

141-068-0110 Sale or Exchange of New Lands (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 pur…

141-068-0120 Reservation of New and Historically Filled Land (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 …

141-068-0130 Compliance with the Department of Administrative Service (DAS) Rules for the Disposition and Acquisition of Real Property (1) Before acquiring any land by purchase or exchange or selling or exchanging any land or interests in land, the Department will notify the Depa…

141-068-0140 General Requirements for Appraisals (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 accord…