Oregon Administrative Rules
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 73 - RULES GOVERNING THE RELEASE, SALE OR EXCHANGE OF MINERAL RIGHTS HELD BY AGENCIES OF THE STATE OF OREGON OTHER THAN THE DEPARTMENT OF STATE LANDS AND STATE LAND BOARD
Section 141-073-0110 - Policies

Universal Citation: OR Admin Rules 141-073-0110

Current through Register Vol. 63, No. 9, September 1, 2024

(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 273.785:
(A) Proceeds from the mineral rights held by the state shall accrue to the Common School Fund, and

(B) The State Land Board shall act for the state in any transaction involving the exploration for, or development, sale or exchange of mineral rights belonging to the State of Oregon.

(C) All mineral rights owned by the State of Oregon shall be retained by the state unless the State Land Board determines that the sale or exchange of the rights is for the purpose of "..obtaining the greatest benefit for the people of this state consistent with the conservation of lands under its jurisdiction under sound techniques of land managemen.." as provided by Article 8, Section 5(2) of the Oregon State Constitution.

(2) The Department shall administer these rules to ensure to the greatest extent possible that agencies applying for a release of state-owned mineral rights receive timely, consistent, predictable and fair treatment.

(3) The Land Board will not authorize a release, sale or exchange of a mineral right without first making a finding that the release, sale or exchange is for the purpose of obtaining the greatest benefit for the people of this state, consistent with the conservation of lands under its jurisdiction under sound techniques of land management.

(4) No mineral right shall be released, sold or exchanged without Land Board review and approval.

(5) The evaluation of mineral and geothermal resources is often difficult and costly. The accuracy of an evaluation or determination of the value of a mineral right is highly contingent on how much geologic and exploration data are available for review. Unless the Department determines that:

(a) There is a good possibility based on a preliminary evaluation by a mineral resource consultant that significant mineral and/or geothermal resources could occur in the land bounded by a mineral right; and

(b) Significant revenue would be received by the Common School Fund from the sale of the mineral right, the Department will not spend its financial resources to retain the services of a mineral resource consultant to conduct a more in-depth evaluation of the value of the mineral right.

(6) The Department will proceed with the processing of applications for the release, sale, or exchange of mineral rights only to the extent that staff availability and budget permit.

Stat. Auth.: ORS 273.045, 273.551 & 273.775 - 273.790

Stats. Implemented: ORS 273.780 - 273.790

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