Oregon Administrative Code

141-071-0585 Restoration of Bidding Units 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. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.780 - 273.790 History: …

141-071-0590 Mineral Lease Form 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 there…

141-071-0595 Term of Lease; Renewal (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 …

141-071-0600 Rental Rate 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. Statutory/O…

141-071-0605 Development Requirement 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…

141-071-0610 Royalties 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 …

141-071-0615 Measurement 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. Statutory/Other Authority: ORS 273 Statutes/Other Implemented: ORS 273.7…

141-071-0620 Basis of Value 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…

141-071-0625 Commingling 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 no…

141-071-0630 Assignment (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 …

141-071-0635 Surface Management 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 th…

141-071-0640 Reclamation 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 unde…

141-071-0645 Relinquishment (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;…

141-071-0650 Investigation of Leased Premises 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, developme…

141-071-0655 Suspension of Operation 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 …

141-071-0660 Cancellation of Mining Lease The Division may commence proceedings to cancel a mining lease if: (1) A lessee is in continued violation of terms and conditions of the lease including but limited to the requirement thereof to exercise due diligence in exploring, develo…

141-073-0100 Purpose and Applicability (1) These rules govern the release, sale or exchange of mineral rights held by agencies of the State of Oregon other than the State Land Board and the Department of State Lands. (2) The procedures contained in these rules shall be used by th…

141-073-0105 Definitions (1) “Agency” or “State Agency” as defined in ORS 291.002(9) means every state officer, board, commission, department, institution, branch or agency of the state government whose costs are paid wholly or in part from funds held in the State Treasury, excep…

141-073-0110 Policies (1) ORS 273.780 requires that: (a) The mineral rights in property owned by any agency of the State of Oregon, or retained by a state agency after the sale or exchange of such property, are the property of the State of Oregon. (b) Except as provided in ORS 27…

141-073-0115 Mineral Right Release, Sale and Exchange Application Process (1) State agencies that want to release, sell or exchange mineral rights shall notify the Department in writing of the details of the proposed release, sale or exchange at least sixty days prior the date of…

141-073-0118 Mineral Right Release or Sale Process (1) If the subject mineral right proposed for release or sale is owned by an agency other than the Department: (a) The Department shall request a mineral resource consultant to conduct a preliminary evaluation of the mineral righ…

141-073-0119 Mineral Right Exchange Process (1) If the subject mineral right proposed for exchange is owned by an agency other than the Department: (a) The Department shall request a mineral resource consultant to conduct a preliminary evaluation of the state-owned mineral right(…

141-073-0125 Form of Reservation Whenever mineral or geothermal resources rights are retained in lands, the deed executed by the state agency selling or exchanging the surface rights shall contain the following reservation clause: "Excepting and reserving to itself, its successor…

141-073-0215 Minerals Registry (1) Pursuant to the provisions of ORS 273.790, the Department shall establish and maintain a registry of mineral and geothermal resource rights placed under the jurisdiction of the State Land Board. (2) This registry shall be used by the Department,…

141-079-0001 Elliott State Research Forest - Forest Management Plan The 2024 Forest Management Plan for the Elliott State Research Forest, as promulgated by the State Land Board and the Department of State Lands, is hereby adopted by reference. [Publications: Publications referen…

141-080-0105 Lower Willamette River Management Plan The 1992 Lower Willamette River Management Plan as promulgated by the State Land Board and the Division of State Lands is hereby adopted by reference. [Publications: Publications referenced are available from the agency.] Statut…

141-081-0050 Navigable Rivers of Oregon (1) The State of Oregon, acting by and through its State Land Board, hereby declares, on the basis of investigations and hearings held under ORS 274.029 (1973) and 274.034 (1973), that the Rogue River is a navigable river of the State of Or…

141-082-0250 Purpose and Applicability (1) These rules: (a) Govern the granting and renewal of leases, public facility licenses and registrations (hereafter collectively referred to as waterway use authorizations) for a wide variety of commercial, non-commercial, and public uses …

141-082-0255 Definitions (1) “Abandoned Structure” means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands. (2) “Abandoned Vessel” means a vessel that has been left without authorization on public or private land, th…

141-082-0260 General Provisions (1) Pursuant to Oregon law as defined in ORS 274, all tidally influenced and title navigable waterways (referred to as state-owned submerged and submersible land) have been placed by the Oregon State Legislature under the jurisdiction of the State …

141-082-0265 Types of Uses and Required Authorizations (1) All uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules, require prior written authorization from the Department pursuant to these rules. …

141-082-0270 Wharf Certification (1) Any person owning a wharf located on state-owned submerged and submersible lands must certify that the structure is a wharf. The certification of the wharf shall be on a form provided by the Department. There is no fee associated with submissi…

141-082-0275 Application Requirements for a Lease or Public Facility License (1) Any person wanting to use state-owned submerged and submersible land that is subject to a lease or public facility license must, using a form provided by the Department, apply for and obtain the requ…

141-082-0280 Lease and Public Facility License Application Review Process (1) Upon receipt of an application for a lease or public facility license to use state-owned submerged and submersible land, the Department shall review it for completeness and to determine if it is for a u…

141-082-0285 General Lease and Public Facility License Conditions and Form (1) The Department shall only offer a standard form of lease or public facility license that has been approved by the Department of Justice. (2) Subject to the terms of an existing lease or public facility…

141-082-0290 Lease and Public Facility License Renewal (1) Notwithstanding any provisions in the lease or public facility license to the contrary, the holder of a lease or public facility license containing a right to renew, shall exercise the right to renew as set forth below. (…

141-082-0295 Lease and Public Facility License Modifications for Size and Use (1) Change in Use: The holder of a lease or public facility license may not change the authorized use without prior written authorization from the Department. The holder shall submit an application to t…

141-082-0300 Subleasing and Assignment of Leases and Public Facility Licenses (1) Subleasing (a) The holder of a lease may not sublease any portion of the authorized area without the prior written consent of the Department, unless subleasing is specifically permitted under the le…

141-082-0305 Lease Compensation Formulas, Methods and Annual Lease Compensation Adjustments (1) The Department has established three methods to determine the compensation owed for the use of state-owned submerged and submersible land. For some uses, more than one method is availa…

141-082-0310 Removal of Unauthorized Structures (1) The Department is authorized to seize a structure on, under or over state-owned submerged or submersible lands, if; (a) The Department determines, after providing notice and opportunity for a hearing, that the structure is an ab…

141-082-0311 Submerged Lands Enhancement Fund (1) The Submerged Lands Enhancement Fund (fund) is a fund established in the State Treasury separate from the General Fund. Interest earned by the Submerged Lands Enhancement Fund shall be credited to the fund. Moneys out of the fund …

141-082-0312 Grant Eligibility Eligibility Requirements: The Department may use moneys in the fund to provide funding to the following entities to assist the Department in completing any of the management or enhancement activities on state owned submerged or submersible land prov…

141-082-0313 Application Process Application Requirements: (1) Depending on availability of funds, the Department shall periodically solicit applications for requesting moneys from the Submerged Lands Enhancement fund for eligible activities. (2) Entities are limited to those ide…

141-082-0314 Application Review and Project Evaluation (1) The Department shall use an application review team to assist in the review and evaluation of eligible projects, prioritize funding requests and recommend funding allocation. Members of the review team may include, but ar…

141-082-0315 Civil Penalties (1) The unauthorized use of state-owned land managed by the Department constitutes a trespass. (2) In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not less than $50 per day, and not more than $1…

141-082-0320 Registration of Structures and Uses (1) Structures and uses subject to registration under this section are set forth in OAR 141-082-0265(3). (2) The Director may determine that other structures and uses similar to those specified in OAR 141-082-0265(3) are also subje…

141-082-0325 Registration Requirements and Provisions (1) All persons: (a) Owning or placing structures on, or using state-owned submerged and submersible land in a way that is subject to registration under these rules must register the structure or use with the Department. (b) C…

141-082-0330 Registration Terms and Conditions (1) A registration issued by the Department shall be for a term of five years for all structures and uses. (2) Unless otherwise prohibited by law, any registered structure or use in compliance with these rules may be repaired or repl…

141-082-0335 Fees (1) Except as provided in OAR 141-082-0335(2), the fee for a registration is as follows: (a) $250 on and after January 1, 2017 for a dock/float or boat house 1,000 square feet or less in size (measurement excludes calculation of associated gangways, dolphins, pi…

141-082-0340 Appeals (1) An applicant for an authorization, or any other person adversely affected by a decision by the Department concerning an authorization, closure of, or restriction to the use of state-owned submerged and submersible land may appeal the decision to the Direc…