USA Statutes : oregon
Title : TITLE 24 PUBLIC ORGANIZATIONS FOR COMMUNITY SERVICE
Chapter : Chapter 273 State Lands Generally
As used in this chapter, unless the context
requires otherwise:

(1) “Board” means the State Land Board.

(2) “County recording officer” means the county clerk or other
county officer carrying out ORS 205.130 to 205.220.

(3) “Department” means the Department of State Lands.

(4) “Director” means the Director of the Department of State Lands.

(5) “Land” includes water, water rights, easements of every nature
and all appurtenances to land.

(6) “Material” includes gravel, rock, sand and silt, but does not
include hard minerals subject to ORS 274.610, or oil, gas and sulphur
subject to ORS 274.705 to 274.860.

(7) “Public land” means any land or improvements thereon owned by
the State of Oregon or any agency thereof.

(8) “State land” means public land controlled by the Department of
State Lands.

(9) “Terminal disposition” means the permanent relinquishment by an
agency of rights in real property, including, but not limited to, sale,
exchange, conveyance, relinquishment of title, or donation. [1967 c.421
§2; 1967 c.616 §12; 1969 c.594 §2; 1971 c.88 §5; 1981 c.787 §44; 1991
c.217 §2; 2003 c.253 §15]LAND COMMISSIONER The Governor is Land
Commissioner for the State of Oregon, and shall locate or select the
lands to which the state is entitled under the laws of the United States,
or otherwise. The Governor shall be allowed all necessary expenses
incurred in the performance of duties in this capacity prescribed by law.
The Department of State Lands shall assist the Governor as necessary in
the performance of these duties. [Amended by 1967 c.421 §50; 1967 c.616
§§1,1a]STATE LAND BOARD The Governor, Secretary of State
and State Treasurer constitute the State Land Board. The board shall
carry out the duties prescribed by section 5, Article VIII of the Oregon
Constitution, and such other duties as are imposed upon it by law. The
board may use a common seal. [1967 c.421 §4 (enacted in lieu of 273.410);
1967 c.616 §2a](1) The Governor shall act as chairperson of the State Land
Board. The board shall establish rules under ORS 183.325 to 183.410 for
holding regular meetings and the means whereby timely notification of
regular meetings may be given.

(2) Two members of the board constitute a quorum to transact
business and exercise all rights, duties and powers of the board.

(3) The board shall give six days’ public notice by delivery
personally to each member and by mail to each wire service, newspaper,
radio or television station requesting such notice prior to each meeting.

(4) A special meeting may be called at any time upon notice by the
Governor, or by a majority of the members of the board. [1967 c.616 §5;
1973 c.406 §1; 1989 c.284 §1]DEPARTMENT OF STATE LANDS(Creation and General Powers) The Department of State Lands is
created, and consists of the Director of the Department of State Lands
and all officers and employees of the department acting under the State
Land Board. Subject to ORS 273.171, the department shall exercise all of
the administrative functions exercised by the clerk and other personnel
of the State Land Board before January 1, 1968. [1967 c.616 §4; 2003
c.253 §1] The Department of State
Lands shall establish its administrative policies in accordance with the
laws prescribing its powers and duties and the general policies
formulated by the State Land Board. Acting subject to the approval of the
board and in compliance with ORS chapter 183, the Director of the
Department of State Lands shall promulgate such rules as are necessary to
carry out the policies of the department and to attain maximum efficiency
in its administration. [1967 c.616 §9] (1) The
Department of State Lands may cancel certificates of sale for lands owned
by this state, if unlawfully obtained.

(2) The State Land Board shall:

(a) Manage, control and protect the common school grazing lands
under ORS 273.805 to 273.825 so as to secure the greatest permanent value
of the lands to all the people of this state, particularly for the
dedicated purposes of the lands and the common schools to which the
resources of the lands are devoted.

(b) Give due consideration, in the sale, exchange or leasing of any
state lands under its control, to the protection and conservation of all
natural resources, including scenic and recreational resources, of such
lands, so as to conserve the public health and recreational enjoyment of
the people, protect property and human life, and conserve plant, aquatic
and animal life.

(3) The department shall coordinate the program and financial
accounting activities assigned to other agencies under ORS 273.141 as
directed by the State Land Board. [1967 c.421 §7; 1967 c.616 §27b; 1995
c.589 §2] If it finds
it advisable in carrying out its duties, the Department of State Lands in
the name of the State of Oregon may take title to real and personal
property in fee simple or absolutely, in trust or under such other
conditions as it considers advisable, and may convey title thereto or
execute agreements necessary to carry out its duties. [Formerly 273.710;
1969 c.594 §3] The power of eminent domain may be
exercised by the State of Oregon at the request of the Department of
State Lands for the condemnation of property of any kind and all water
rights, easements and appurtenances thereto necessary for carrying out
its powers and duties. [1967 c.421 §8] All acts and decisions of the
Department of State Lands as to the legal title, and the right to a
certificate of sale or deed from the state, shall be final. [1967 c.421
§11] (1) At all hearings
pertaining to lands owned by the state, the Director of the Department of
State Lands may administer oaths and take depositions. The State Land
Board may issue subpoenas to compel the attendance of witnesses and the
production of documents or other necessary written information.

(2) If any person served with a subpoena issued under this section
fails to obey the subpoena without legal excuse, or refuses to testify on
matters on which the person lawfully may be interrogated, the procedure
provided in ORS 183.440 shall be followed to compel obedience. [Formerly
273.430](Documents) When lands formerly belonging to the
State of Oregon are disposed of and final payment has been made, the
Director of the Department of State Lands shall execute and deliver to
the purchaser a deed in a manner and form prescribed by the rules of the
Department of State Lands, conveying all right, title and interest which
the state may have in and to such lands, except as otherwise provided by
law. [Formerly 273.720; 1969 c.594 §4] The Director of the
Department of State Lands may execute on behalf of the Department of
State Lands all documents required to carry out its powers and duties, in
the manner and form prescribed by the rules of the department. All
documents so executed shall be admitted to record without acknowledgment.
[Formerly 273.450; 1969 c.594 §5] Copies of any document
permitted by law to be recorded that are executed by the Director of the
Department of State Lands, or executed by the State Land Board before
January 1, 1968, and certified by the director, are entitled to record in
the office of any county recording officer. Documents affecting the title
to real property that are permitted by law to be recorded shall be
recorded in the county where such real property is situated; copies of
all other documents permitted by law to be recorded that are executed by
the Department of State Lands may be recorded in any county designated by
the department. [Formerly 273.555; 1969 c.594 §6; 1999 c.803 §4] The person offering a
copy of a document mentioned in ORS 273.085 for recording shall pay the
recording fee. When a copy of a document has been recorded it shall be
returned by the recording officer to the Director of the Department of
State Lands or other party as stated on the recorded document. [Formerly
273.565; 1999 c.803 §5] The record of any copy
of a document recorded under ORS 273.085, or a transcript thereof
certified by the county recording officer, shall be received in evidence
in all courts in this state with like force and effect as the original
document. [Formerly 273.575]Unless otherwise provided by law, all deeds, conveyances and
leases belonging to this state must be deposited and preserved in the
office of the Department of State Lands. Upon the sale of any real
property belonging to the state, a copy of the instrument that conveys
the property must be filed with the department by the officer or agency
in charge of the sale. [1993 c.98 §4](Finances) The Department of State Lands shall
administer the Common School Fund as provided in ORS 327.405 to 327.480.
[1967 c.421 §20] (1) The Distributable Income
Account is established within the Common School Fund. The Department of
State Lands shall administer this account in accordance with section 4,
Article VIII, Oregon Constitution, and applicable laws.

(2) The following moneys in the Common School Fund shall be
credited to the Distributable Income Account:

(a) Moneys received under ORS 390.715 and 390.725 after deducting
the administrative costs of the State Parks and Recreation Department.

(b) So much of the income derived from the investment of the Common
School Fund as the State Land Board deems appropriate after payment of
the expenses of the State Land Board authorized to be paid under
subsection (2), section 2, Article VIII of the Oregon Constitution.

(c) The income derived from unclaimed property held by the Director
of the Department of State Lands or deposited in the Common School Fund.

(d) Other moneys received by the Department of State Lands that are
required by law to be credited to the Distributable Income Account.

(3) All other moneys received by the Department of State Lands
shall be credited to the Common School Fund.

(4) The moneys in the Distributable Income Account are appropriated
continuously for apportionment according to ORS 327.410. [1967 c.421 §21;
1969 c.338 §1; 1969 c.601 §29; 1977 c.344 §1; 1987 c.760 §2; 1991 c.348
§1; 1995 c.205 §1; 2003 c.253 §16; 2005 c.296 §1] The Department of
State Lands may use so much of the Common School Fund as is necessary for:

(1) The acquisition of lands, easements, and all other interests in
real property.

(2) Improvement, operation, and maintenance of property, crops,
timber, fixtures and appurtenances whether granted or otherwise acquired
at any time. [1967 c.421 §23; 1969 c.338 §2; 1987 c.760 §3]
Notwithstanding any other provision of law, all funds under the control
of the Department of State Lands shall be expended by warrant drawn on
the State Treasurer, and then only upon proper claim approved by the
Director of the Department of State Lands or the authorized
representative of the director submitted to the Secretary of State for
audit. [Formerly 273.445; 1969 c.594 §12] Whenever it appears to the Department of
State Lands that any moneys have been erroneously paid to it, the
department may make an appropriate refund. [Formerly 273.470] The Department of State
Lands may, whenever in its judgment such course is to the best interest
of the state, compromise, settle, release and discharge any mortgage,
judgment or other claim in favor of the State of Oregon, and arising out
of the sale or lease of property within the jurisdiction of the
department, upon such terms as the department may direct. [Formerly
273.460](Cooperation With Other Agencies and Governmental Entities)(1) The Department of State Lands may enter into
written agreements with any governmental agency for the performance of
specialized, technical, professional, administrative or other services
and for the furnishing of facilities and materials to carry out
provisions of law applicable to the department. The activities and
programs performed under such agreements remain subject to supervision
and control by the department.

(2) All expenses incurred by a governmental agency in performing
services and furnishing facilities and materials under an agreement
entered into pursuant to subsection (1) of this section shall be paid by
the department to such performing agency in the manner other claims are
paid. Payments by the department pursuant to this section and ORS 273.141
shall be made from moneys available to the department for the payment of
its expenses. Before making any deposit to the credit of the Common
School Fund, or any other fund or account managed by the department, the
department may first deduct all expenses incurred pursuant to agreements
entered into under this section and ORS 273.141.

(3) Any state agency authorized under ORS 283.110 to furnish
services, facilities and materials to other state agencies may in like
manner furnish such services, facilities and materials to the department
under written agreement pursuant to this section. All moneys received by
a state agency in payment for services, facilities and materials rendered
under a written agreement with the department may be paid, deposited and
credited in like manner as provided in ORS 283.110 (2), or credited to
the account from which the cost of the services, facilities and materials
was originally paid. [Formerly 273.585; 1995 c.589 §3]In order to provide the Department of State Lands with the
specialized assistance necessary to its operations and the transaction of
its business, and in addition to other agreements that may be entered
into under ORS 273.135, the department may enter into written agreements
with the state agencies designated in this section for the operation of
programs and activities assigned to the department. Subject to final
review and approval by the State Land Board:

(1) The State Forestry Department may perform the functions
assigned by the board that relate to forest resources.

(2) The State Department of Geology and Mineral Industries may
perform the functions of the Department of State Lands that relate to
mineral resources.

(3) The Department of Veterans’ Affairs may perform the functions
of the Department of State Lands that relate to investment of funds in
mortgages secured by real property.

(4) The State Treasurer may perform the functions of the Department
of State Lands that relate to investments of funds administered by the
Department of State Lands not described in subsection (3) of this
section, and that relate to escheated property.

(5) The State Department of Agriculture may perform the functions
assigned by the board and the functions pertaining to management and
regulation of grazing land and other agricultural lands. [Formerly
273.595; 1995 c.589 §4; 2003 c.253 §17; 2005 c.625 §62]The Department of State Lands may enter into contracts
with any person owning lands adapted to the purposes of ORS 273.316 to
273.345 and 273.511, for the subdivision, settlement and sale of all or
any portion thereof, under the direction and supervision of the
department and such conditions as may be agreed to. [Formerly 273.640;
1969 c.594 §15] The Department of
State Lands may cooperate with the federal government for the
development, settlement, subdivision and disposition of lands belonging
to the State of Oregon, or which otherwise may be made available for
carrying out the purposes of ORS 273.316 to 273.345 and 273.511. In such
cooperation, the department may provide the lands but the federal
government shall provide the money necessary to meet the expenses of
reclamation, subdivision, necessary improvement and equipment. [Formerly
273.740; 1969 c.594 §16] The Department of
State Lands, in carrying out its duties, may call upon all related state
and county agencies, including Oregon State University and any state or
county officers through whom necessary information and aid may be
received. Such agencies, institution and officers shall cooperate with
the department without additional compensation. [Formerly 273.750; 1969
c.594 §17](Director and Staff) (1)
The State Land Board shall appoint a Director of the Department of State
Lands to serve for a term of four years, subject to removal at the
discretion of the board.

(2) The director shall receive such salary as is fixed by the
board. In addition to salary, subject to applicable law regulating travel
and other expenses of state officers, the director shall be reimbursed
for actual and necessary travel and other expenses incurred in the
performance of official duties.

(3) The salaries and other expenses of the director and employees
of the Department of State Lands shall be paid out of revenues accruing
to the Common School Fund. [1967 c.616 §6; 2003 c.253 §3] Before entering upon the duties
of office, the Director of the Department of State Lands shall take an
oath to perform faithfully the duties of the director. The director shall
give to the state a fidelity bond, with one or more corporate sureties
authorized to do business in this state, in a penal sum fixed by the
State Land Board. The premium on the bond shall be paid from moneys
available for the payment of expenses of the Department of State Lands.
[1967 c.616 §7] (1) The Director of the
Department of State Lands is chief executive officer of the Department of
State Lands, and is responsible for the administration of the laws
conferring powers or imposing duties upon the department, subject to
specific policies formulated by the State Land Board and review of the
actions of the director by the board.

(2) Under written policy directives adopted by the board and
recorded in its minutes, the director has full authority with respect to
the retention or disposition of all lands subject to the jurisdiction of
the department, including but not limited to the management, sale,
leasing, exchange or other conveyance of such lands. [1967 c.616 §8]
Subject to any applicable provision of the State Personnel Relations Law:

(1) The Director of the Department of State Lands shall appoint and
discharge such personnel as the director considers necessary for the
efficient administration of the laws conferring powers or imposing duties
upon the Department of State Lands. The director shall prescribe the
authority, powers and duties of all employees of the department.
Employees of the department are subject at all times to the direction,
supervision and control of the director.

(2) Subject to the approval of the State Land Board, the director
shall fix the compensation of the employees of the department.

(3) The director may require any employee of the department to give
to the state a fidelity bond, with one or more corporate sureties
authorized to do business in this state, in a penal sum fixed by the
director. The premium on such a bond shall be paid from moneys available
for the payment of expenses of the department. [1967 c.616 §10] For the
purpose of requesting a state or nationwide criminal records check under
ORS 181.534, the Department of State Lands may require the fingerprints
of a person who:

(1)(a) Is employed or applying for employment by the department; or

(b) Provides services or seeks to provide services to the
department as a contractor or volunteer; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years
of age, elderly persons or persons with disabilities;

(b) In which the person is providing information technology
services and has control over, or access to, information technology
systems that would allow the person to harm the information technology
systems or the information contained in the systems;

(c) In which the person has access to information, the disclosure
of which is prohibited by state or federal laws, rules or regulations or
information that is defined as confidential under state or federal laws,
rules or regulations;

(d) That has payroll functions or in which the person has
responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to
property held in trust or to private property in the temporary custody of
the state;

(e) In which the person has responsibility for auditing unclaimed
property;

(f) In which the person has access to personal information about
employees or members of the public including Social Security numbers,
dates of birth, driver license numbers, personal financial information or
criminal background information;

(g) In which the person has access to tax or financial information
of individuals or business entities;

(h) That involves the use, possession, issuance, transport,
purchase, sale or forfeiture of firearms or munitions, access to firearms
or munitions or the training of others in the use or handling of
firearms; or

(i) In which the person provides security, design or construction
services for government buildings, grounds or facilities. [2003 c.250 §2;
2005 c.730 §12]Note: 273.183 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 273 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.(1) The Director of the
Department of State Lands shall investigate all trespasses on and damage
to state lands and prosecute the same. The director shall appear before
appropriate agencies of the United States in all cases involving the
title or claim of the state to its granted land or lands selected in lieu
thereof.

(2) Expenses incurred under this section shall be paid out of the
moneys available to the Department of State Lands for the payment of its
expenses. [Formerly 273.530]AGREEMENTS FOR MAINTENANCE AND INTERPRETIVE SERVICES(1) The Department of State Lands shall
create a program whereby the department may enter into agreements with
volunteers, businesses and other agencies to allow those parties, on a
voluntary basis, to assist in the operation of department programs and to
assist in the maintenance of state lands administered by the department.
The program shall:

(a) Focus primarily on encouraging and facilitating involvement of
participants in the operation of department programs and maintenance of
state lands administered by the department and in educational programs on
behalf of the department;

(b) Offer opportunities for participants to assist in public
information activities; and

(c) Include a recognition element to acknowledge the efforts of
participants in the program.

(2) The department shall ensure that participants in the program
obtain permission from landowners for access to private property if such
access is necessary to perform activities under the program.

(3) An agreement entered into pursuant to subsection (1) of this
section shall include, at a minimum:

(a) Identification of the state land where the participant intends
to carry out voluntary activities.

(b) Specification of the duties of the participant.

(c) Specification of the responsibilities of the participant,
including the responsibility to abide by the rules of the program as
adopted by the State Land Board.

(d) The duration of the agreement.

(4) The department may provide supplies, equipment, safety
information and assistance to the participants.

(5) The State Land Board may adopt any rules necessary for
implementation of the program created under this section.

(6) Under the direction of the board, the Director of the
Department of State Lands may encourage and render assistance in the
promotion of training programs for volunteers, businesses and other
agencies participating in the program created under this section.

(7) As used in this section, “volunteer” includes any person, group
of individuals, volunteer group, service club or other entity that is tax
exempt under section 501(c)(3) of the Internal Revenue Code. [2003 c.253
§28] (1) In order
to further the interpretive and educational functions of state lands in
Oregon, the Director of the Department of State Lands may enter into an
agreement with a private, nonprofit scientific, historic or educational
organization organized solely for the purpose of providing interpretive
services for state lands facilities in Oregon.

(2) An organization entering into an agreement with the director
under subsection (1) of this section may:

(a) Provide educational or interpretive material for sale at state
lands facilities;

(b) Acquire display materials and equipment for exhibits at state
lands facilities;

(c) Provide support for interpretive or educational programs at
state lands facilities;

(d) Provide support for state lands facility libraries; or

(e) Provide support for other interpretive projects related to a
specific state lands facility.

(3) If the director enters into an agreement with an organization
under subsection (1) of this section, the Department of State Lands may:

(a) Provide incidental personnel services for the organization’s
interpretive program; and

(b) Provide space at a state lands facility for the display and
sale of materials provided by the organization.

(4) Any money received from the sale of publications or other
materials provided by an organization pursuant to an agreement entered
into under this section shall be retained by the organization for use in
the interpretive or educational services of the state lands facility for
which the organization provides interpretive services.

(5) As used in this section, “state lands facility” includes a
recreational, historical, educational, research or scenic attraction
owned by or under the control of the State of Oregon and administered by
the Department of State Lands. [2003 c.253 §29] The
Department of State Lands shall adopt rules to carry out the purposes of
ORS 273.197. The rules shall include:

(1) Procedures and forms to be used by an organization entering
into an agreement with the Director of the Department of State Lands
under ORS 273.197.

(2) Guidelines for approving the materials an organization proposes
to provide or display at state lands facilities.

(3) Provisions for renewing or dissolving an agreement between an
organization and the director. [2003 c.253 §30]REMOVAL OF MATERIAL FROM STATE LANDS Before any
person shall take any material from any real property of the State of
Oregon, except in the manner and for the purposes mentioned in ORS
274.525 or 274.550, the person shall apply to the Department of State
Lands for a lease. The application shall include a complete description
of the location of the contemplated operation, the time and manner of
contemplated removal, and such other pertinent information as the
department may require. Upon receipt of such application the department
may award a lease to the applicant and fix a royalty in the same manner
provided in ORS 274.530. [Formerly 274.540; 1969 c.594 §13] (1) No person
shall remove material from any real property of the State of Oregon for
commercial uses without complying with ORS 273.225, 274.550 and 274.560.

(2) The establishment or placing of a dredging or digging outfit on
any waters, the submersible or submerged lands of which belong to the
State of Oregon, and the removal of material from the submersible or
submerged lands thereof for commercial uses, without having applied for
and received a lease under ORS 274.530, is a continuing trespass.
[Formerly 274.580; 1969 c.594 §18] The Department of
State Lands may inspect and audit books, records and accounts of each
person removing material from any real property of the State of Oregon,
and make other investigation and secure or receive other evidence
necessary to determine whether or not the department is being paid the
full amount payable to it for the removal of such material. The
department may proceed by action or suit to enforce payment for all
materials taken from any real property of the State of Oregon, for
commercial uses, whether under lease, or otherwise, for which payment has
not been made. [Formerly 274.600]
(1) Removal of material from any property of the State of Oregon under
the control of the Department of State Lands by any person without lawful
authority is a trespass for which the state, in addition to any action
commenced under ORS 273.990, may also commence an action for damages. If
damages are assessed against the defendant in any such action, the state
shall be awarded double the amount of damages assessed if the trespass is
willful. Proof by the state of its ownership of the premises is prima
facie evidence that the trespass, if committed, was willful.

(2) Any action under subsection (1) of this section must be
commenced within six years from the date of the trespass or the date on
which the trespass is discovered by the state, whichever last occurs.
[Formerly 274.605]MANAGEMENT AND DISPOSITION OF REAL ESTATE Not later
than January 1, 1996, the State Land Board shall adopt an asset
management plan in accordance with this section to guide management and
disposition of real estate under the board’s jurisdiction. The Department
of State Lands shall provide a report to each regular session of the
Legislative Assembly on the progress of implementing the asset management
plan. The asset management plan required by this section shall provide a
schedule for disposition of state lands when the proper disposition, as
determined, involves the sale, exchange or transfer of management
responsibility from the Department of State Lands to other entities.
[1995 c.589 §7]
(1) The State Land Board, by and through the Department of State Lands or
other agency acting on behalf of the State Land Board, shall dispose of
isolated parcels of land classified as rangeland by the board in a manner
consistent with the asset management plan adopted under ORS 273.245 and
the board’s trust responsibilities.

(2) As used in this section, “isolated parcel” means:

(a) Land largely surrounded by land not owned by the board or not
contiguous to other larger tracts of state land; or

(b) Land determined by the board to be difficult or uneconomical to
manage due to access, location, isolation, low production value or
similar factors.

(3) To the extent consistent with the board’s trust obligations and
ORS 273.413, the department or other agency acting on behalf of the board
shall establish a sale procedure for isolated parcels of rangeland that
is efficient and cost-effective. [1995 c.589 §8]SALE OF STATE LANDS Unless the context or a
specially applicable definition requires otherwise, state lands are
classified as follows:

(1) “Agricultural college lands.” Lands granted to the state by the
Act of July 2, 1862 (12 Stat. 503), and otherwise, for the support and
maintenance of Oregon State University.

(2) “Farmlands.” Lands acquired by deed, gift, operation of law, or
by the foreclosure of mortgages taken to secure loans from the common
school, agricultural college, university or other funds.

(3) “Indemnity lands.” Lands selected to satisfy losses in sections
16 and 36, as provided by sections 851 and 852 of title 43, United States
Code, as amended, or any other laws of the United States.

(4) “School lands”:

(a) Sections 16 and 36 in each township granted to the state by the
Act of February 14, 1859 (11 Stat. 383).

(b) Lands selected for internal improvements under the Act of
September 4, 1841 (5 Stat. 455), and diverted for common schools with the
consent of Congress by the Joint Resolution of February 9, 1871 (16 Stat.
595).

(c) Lands selected for capitol building purposes under the Act of
February 14, 1859 (11 Stat. 383).

(d) Lands included in the South Slough National Estuarine Research
Reserve as described in ORS 273.553.

(5) “Swamp lands.” Lands claimed by the state under the Act of
September 28, 1850 (9 Stat. 519), and extended to the State of Oregon by
the Act of March 12, 1860 (12 Stat. 3).

(6) “Submerged lands.” Lands defined as submerged by ORS 274.005.

(7) “Submersible lands.” Lands defined as submersible by ORS
274.005.

(8) “University lands.” Lands granted to the state under the Act of
February 14, 1859 (11 Stat. 383), for the support and maintenance of the
University of Oregon. [Formerly 273.010; 1969 c.594 §19; 1997 c.321 §1;
2003 c.14 §132] Any individual who is
18 years of age or older and who is a citizen of the United States, or
has declared an intention to become a citizen, may apply to purchase
state lands. [1967 c.421 §51 (enacted in lieu of 273.030)] An individual eligible under ORS
273.255 may file an application with the Director of the Department of
State Lands for the purchase of state lands other than farmlands. The
application must be made in a form prescribed by the Department of State
Lands, contain a correct and precise description of the lands applied for
in accordance with a survey acceptable to the department, and be verified
before an officer authorized by law to administer oaths. [1967 c.421 §52
(enacted in lieu of 273.030)] (1) If application is
made for the purchase of submersible lands, the applicant must cause such
lands to be surveyed at the expense of the applicant by a surveyor, whose
selection is subject to prior approval by the Department of State Lands.
The survey must connect with and conform to adjacent surveys acceptable
to the department, so far as practicable. The applicant must submit to
the department, with the application, an accurate map of the lands
applied for, showing the boundaries and stating the area. The map must be
verified by the surveyor before an officer authorized by law to
administer oaths.

(2) Each application to purchase submersible lands must, in
addition to all other requirements, contain the applicant’s statement
that application is made with knowledge of the character of the land
applied for and the title of the state thereto, and the waiver of the
applicant of all claims upon the state for the return of the purchase
price of the lands in the event that the lands, or any part thereof, do
not belong to the state. [1967 c.421 §53 (enacted in lieu of 273.030);
1969 c.594 §20] Except as
limited by ORS 270.020 and 273.225 to 273.241 and 274.040, and as in its
judgment the interests of the state demand, the Department of State Lands:

(1) Shall fix the price at which all classes of state lands may be
sold and the interest to be charged on deferred payments therefor under
ORS 273.281, and may provide for the advertisement and sale of such lands
to the highest bidder in a manner consistent with ORS 270.020 and 273.225
to 273.241.

(2) May at any time withdraw any or all of such lands from sale.
[Formerly 273.050] The Department of State Lands
shall require applicants for the purchase of submersible lands to pay in
full for such lands at the time of purchase. Applicants for the purchase
of school, agricultural college, university, swamp or indemnity lands
shall make payments at such times, and with such interest for deferred
payments as the department may prescribe. However, the obligation may not
be allowed to stand for a longer period than five years after the date of
issuance of the certificate under ORS 273.285. [Formerly 273.100; 1969
c.594 §22](1) When an applicant to purchase state lands desires to make
payments in installments as provided in ORS 273.281, the Department of
State Lands shall, upon receipt of one-fifth of the purchase price of the
land applied for, deliver to the purchaser a certificate that the
purchaser has contracted to purchase the lands therein described. Upon
performance under the contract and upon the surrender of the certificate
of sale, the purchaser, or the heirs or assigns of the purchaser, shall
be entitled to a deed issued under ORS 273.300 for the lands therein
described.

(2) The department shall maintain appropriate records of each sale.
[Formerly 273.110] If any
installment of the purchase price of land, principal or interest, remains
unpaid for one year after the same becomes due, the certificate issued
under ORS 273.285 shall be canceled by order of the Department of State
Lands. All payments thereon shall be forfeited and the land considered
vacant and subject to sale as if it had not been previously contracted to
be sold. [Formerly 273.130] All
assignments of certificates of sale shall be executed and acknowledged in
the same manner as a deed to real estate. The assignee, upon full payment
of the amount due on the purchase price, and delivery to the Department
of State Lands of such certificate and assignment, shall receive a deed
for the land described in such certificate, in the name of the assignee.
[Formerly 273.140] Whenever any purchaser of state lands
holding a certificate of sale therefor has paid three-fifths or more of
the purchase price thereof, the Director of the Department of State Lands
may execute a deed conveying the lands to such purchaser, upon the
purchaser’s executing:

(1) A note for the remainder of the purchase price; and

(2) A mortgage on the premises in the same form and manner as other
mortgages are executed for loans from the Common School Fund under ORS
327.405 to 327.480. [Formerly 273.150; 1969 c.594 §23] (1) Upon full payment of the
purchase price and any accrued interest thereon the Director of the
Department of State Lands shall execute a deed to the purchaser in a form
prescribed by the rules of the Department of State Lands.

(2) The department shall maintain appropriate records of all deeds
issued under this section. [Formerly 273.160](1) In
all cases where clerical errors have been made in deeds for any state
lands sold, upon satisfactory proof and if the rights of innocent parties
have not intervened, the Director of the Department of State Lands may
execute corrected deeds to the holders thereof.

(2) Where lands, other than submersible lands and unsurveyed or
unpatented swamp lands have been sold and the state cannot convey title
to the purchaser, the Department of State Lands shall repay the
purchaser, or the heirs or assigns of the purchaser, all sums which may
have been paid to the department on the purchase price of the lands,
including the interest paid upon deferred payments, upon the presentation
of a proper application for repayment, satisfactory proof and the
surrender of the certificate; or if deed has been issued, upon
reconveyance by executed and recorded quitclaim deed of whatever title or
color of title was received from the state.

(3) Where a certificate of sale has been issued by the department
upon a fraudulent application and the certificate is held by assignment
by a third party who had no knowledge of the fraud at the time of
assignment, the department may refund to the holder such sums as were
paid the department on the purchase price of the lands covered by the
certificate, including the interest paid upon deferred payments, upon the
holder making proper application to the department for repayment and
surrendering for cancellation the certificate and assignment. [Formerly
273.480; 1969 c.594 §24]EXCHANGE OF STATE LANDS (1) The
Department of State Lands may exchange any state lands under its control
for any other lands in this state for the purpose of accumulating larger
and contiguous tracts of state lands. The department may enter into the
necessary contracts to accomplish such purposes, subject to the rights of
lessees under ORS 273.321. The exchange may be made on the basis of value
or acreage, and the department may pay or accept money as part of the
consideration to the extent required for a fair transaction.

(2) The object of this section is to authorize the department to
exchange isolated tracts of state lands for the purpose of accumulating
larger and contiguous tracts of state lands. [Formerly 273.700;
subsection (2) (1967 Replacement Part) enacted as 1967 c.421 §64;
subsection (2) enacted as 1967 c.148 §2; 1969 c.594 §25] (1)
Before exchanging any state lands for other lands under ORS 273.316, the
Department of State Lands shall give notice to the lessees of those state
lands considered for exchange by sending by certified or registered mail
a notice containing a general description of the state lands considered
for exchange and a listing of the names and addresses of the lessees of
such lands. The notice shall state that if written protest to such
exchange is received by the department not later than the 20th day after
the mailing of the notice, a hearing on such exchange will be held.

(2) If the department receives, not later than the 20th day after
the mailing of the notice, written protest to such exchange from a lessee
of state lands considered for exchange, the department shall hold a
hearing on such exchange. The hearing shall be held not earlier than the
30th day after the mailing of the notice described in subsection (1) of
this section. Notice of the hearing shall be mailed by certified or
registered mail to all lessees of state lands considered for exchange. At
the hearing the lessees of the lands, or their representatives, may
present their views on the prospective exchange.

(3) The department shall consider testimony presented at the
hearing before making a protested exchange of state lands. [Formerly
273.427]STATE LANDS UNLAWFULLY ACQUIREDIn all cases where the
Department of State Lands believes that any lands were acquired from the
state by fraud or in violation of the laws relating to the disposal
thereof, it may:

(1) Enter into contracts with the persons asserting ownership
thereto for the subdivision and sale thereof on conditions agreed upon by
the contracting parties; or

(2) Exchange or accept in lieu thereof other lands suitable for
settlement and development or valuable for timber. The department may
enter into contracts for disposal and settlement of such other lands as
in the case of the lands first mentioned in this section. [Formerly
273.660; 1969 c.594 §26]When lands that the Department of State Lands believes were
acquired from the State of Oregon by fraud or in violation of the laws of
the state are held by any person owning other lands the title to which is
not involved, the department may provide as a condition to the contract
of settlement described in ORS 273.326 that such other lands, or such
portion thereof as the department considers advisable, may also be
subdivided and disposed of under the direction and supervision of the
department according to the conditions agreed to. [Formerly 273.670; 2003
c.14 §133]INDEMNITY LANDS The object of ORS
273.340 and 273.345 is to make available for settlement and development
the lands to which the State of Oregon is entitled as indemnity and the
remaining unsold state lands, and to make available for the Common School
Fund the proceeds from the sale of such lands. [1967 c.421 §70] The
Department of State Lands shall ascertain the amount of indemnity lands
to which the State of Oregon is entitled from the federal government and
procure such lands in as large and contiguous tracts as practicable,
having in view its adaptability for agriculture or its value for forestry
purposes. [Formerly 273.680]Before making selections under ORS
273.340, the Department of State Lands shall determine the advisability
of making such selections in large and contiguous tracts within the
national forest reserves. If it is found that such selections will be
advantageous to the State of Oregon, the department shall negotiate with
the appropriate agency of the United States to procure such lands. If
necessary, the department may seek enactment of legislation to accomplish
such object. The department may enter into all necessary contracts
relating to such lands. [Formerly 273.690] (1) The Director of
the Department of State Lands shall:

(a) Select as indemnity lands such vacant government lands as may
be applied for by legal applicants, upon receipt of their applications to
purchase, together with the nonmineral affidavit and filing fees, as
required by the rules and regulations of the Bureau of Land Management,
and a payment fixed by the Department of State Lands; and

(b) Upon return of a copy of the selection list approved by the
appropriate officer of the United States, pay over to the State Treasurer
moneys received on account of the purchase price of such lands.

(2) When such lands have been clear listed or patented to the state
by the United States, the department shall issue deeds or certificates to
the applicants. However, no certificate or deed shall be issued for
indemnity lands until the same have been patented to the state by the
United States. If the state fails to secure patent, the money so received
shall be repaid to the applicant upon proper application to the
department and surrender of the director’s receipt. [Formerly 273.540]ADJUSTING CERTAIN ERRONEOUS SALES As used in ORS
273.356 to 273.375, unless the context requires otherwise, “grantee”
includes the successor in interest of a grantee. [Derived from 1967 c.422
§1]Upon the execution and delivery to the Department of State
Lands by any grantee to whom the State Land Board prior to February 21,
1916, erroneously conveyed various parcels of land in sections 16 and 36
to which the title of the state was found by the board to be defective,
of a written instrument sufficient to annul the conveyance of the state
to such grantee and to relinquish all other claims against the state
arising out of such conveyance, the department pursuant to ORS 273.125
shall:

(1) Refund to such grantee the purchase price paid to the state for
such land, with interest at the rate of six percent per annum from the
time payment was made; and

(2) Pay to the grantee an amount equal to all ad valorem taxes paid
by such grantee with respect to such land before June 19, 1967, without
interest. [1967 c.422 §2; 1973 c.685 §1] (1) A refund
is not available under ORS 273.356 to 273.375 to any grantee who received
from the State Land Board a refund or other settlement with respect to
such lands before June 19, 1967, or who may be holding title originally
procured or subsequently conveyed by false swearing or fraudulent
representation.

(2) Each refund under ORS 273.360 shall be paid to the grantee out
of the revenues of the Common School Fund. [1967 c.422 §§3,4] If the Department of State Lands
finds that the property erroneously conveyed has been identified
generally as private property, as evidenced by the inclusion of the
property on the assessment rolls of the county in which it is located for
a period of 20 years or more immediately preceding, the department may
refund to the grantee an amount not to exceed any of the following values:

(1) The current fair market value of the property erroneously
conveyed;

(2) The amount of the most recently issued title insurance policy
carried on the property, if such a title insurance policy has been issued
regularly; or

(3) The estimated current value to the department of the indemnity
selection rights reconveyed to the state. [1967 c.422 §5] In
lieu of the procedure set out in ORS 273.360, 273.365 and 273.370, the
Department of State Lands may acquire for the use and benefit of the
State of Oregon, by purchase or exchange, the interest of any applicant
to whom the certificate described in ORS 273.620 (3) (1965 Replacement
Part) has been issued before June 19, 1967, or who acts under ORS
273.360, 273.365 and 273.370. The price of any such purchase or
acquisition shall be paid to such applicant out of the revenues of the
Common School Fund, and shall not exceed the market value of the land
that otherwise would have been available to the applicant under ORS
273.620 (1965 Replacement Part). [1967 c.422 §6]SPACE AGE INDUSTRIAL PARK As used in ORS
273.382 to 273.386, unless the context requires otherwise:

(1) “Director” means the Director of the Oregon Department of
Administrative Services.

(2) “Lease” means the lease dated July 2, 1963, between the State
of Oregon, acting by and through the State Land Board, as the lessor, and
The Boeing Company, a Delaware corporation, as the lessee.

(3) “Space Age Industrial Park” means all land and property
comprising the leased premises particularly described in the lease and
any other land or property added thereto as provided in the lease. [1963
s.s. c.7 §1; 1969 c.594 §27; 1991 c.441 §1; 1993 c.500 §13](1) The Space Age Industrial Park shall be managed
and administered by the Director of the Oregon Department of
Administrative Services.

(2) Notwithstanding the provisions of any law, all net income and
other net proceeds derived from the rental, lease, sale, disposition or
use of the Space Age Industrial Park (after payment of all costs and
expenses incident to the maintenance and administration of the Space Age
Industrial Park and costs incident to any sale or other disposition
thereof) shall be deposited in the State Treasury and credited as follows:

(a) 50 percent to the General Fund to be available for general
governmental expenses; and

(b) 50 percent to the Trust for Cultural Development Account
established in ORS 359.405. [1963 s.s. c.7 §9; 1969 c.594 §28; 1977 c.93
§1; 1991 c.441 §2; 2001 c.954 §27; 2002 s.s.2 c.4 §1]
Subject to the approval of the Joint Committee on Ways and Means during
legislative sessions or the Emergency Board between legislative sessions,
the Director of the Oregon Department of Administrative Services has
authority to rent, lease, sell or otherwise dispose in whole or in part,
of the Space Age Industrial Park. [1963 s.s. c.7 §10; 1977 c.93 §2; 1991
c.441 §3](1) The Department of State Lands may acquire at fair market
value and manage any or all of the Space Age Industrial Park:

(a) If the lessee thereof relinquishes all rights to any or all
lands in the park under lease; and

(b) If a reasonable management plan can be prepared and implemented
by the Department of State Lands, as approved by the legislative review
agency defined in ORS 291.371.

(2) The Director of the Oregon Department of Administrative
Services shall transfer title to any lands acquired by the Department of
State Lands under subsection (1) of this section to the Department of
State Lands effective on the date of acquisition.

(3) Any moneys paid by the Department of State Lands under
subsection (1) of this section shall be paid to the State Treasury to the
credit of the General Fund. [1983 c.677 §1; 1991 c.441 §4]DISPOSITION OF LAND NOT NEEDED FOR PUBLIC PURPOSE(1) The Department of State Lands may dispose of
isolated sections and fragments of sections of state lands which are not
suitable for management according to long-range policies of the State
Land Board. The proceeds of such sales shall be applied and are
continuously appropriated to the Department of State Lands for the
acquisition of lands or other suitable investments as directed by the
board in consultation with the Oregon Investment Council.

(2) The proceeds of any sale authorized by subsection (1) of this
section shall be deposited in a revolving account in the Common School
Fund. The costs of acquisition authorized by subsection (1) of this
section shall be charged to the revolving account.

(3) When requested in writing by the Department of State Lands, the
Oregon Department of Administrative Services shall draw a warrant on the
Common School Fund in favor of the Department of State Lands for use as a
revolving account. The State Treasurer shall hold the revolving account
in special account against which the Department of State Lands may draw
checks.

(4) The Department of State Lands may use the revolving account for
the purposes specified in subsection (1) of this section.

(5) Before disposing of lands described in subsection (1) of this
section, the Department of State Lands shall cause owners or lessees of
land adjoining the land to be disposed of to be notified of the pending
disposition. The notice shall indicate the time and method of sale, the
minimum or reserved price, if any, and shall invite the landowners or
lessees to participate as a prospective purchaser if the landowner or
lessee wishes to do so.

(6) Before purchasing or selling land, the Department of State
Lands shall obtain approval of the governing body of the county or
counties in which such land is located.

(7) The Department of State Lands shall prepare sales materials,
including catalogues of lands available for sale, and may charge a fee
for such materials.

(8) This section does not apply to the sale or management of
state-owned submerged and submersible lands subject to ORS chapter 274.
[1987 c.156 §1; 1995 c.204 §1; 2003 c.253 §18]Note: 273.413 was added to and made a part of ORS chapter 270 by
legislative action but was not added to ORS chapter 273 or any smaller
series therein. See Preface to Oregon Revised Statutes for further
explanation. If any
property owned by the state is held as an asset of any special trust fund
securing the payment of bonds, it may be exchanged, under the authority
granted in ORS 270.110, for other property of equal or superior value,
and property so received in exchange shall be an asset of the fund in
lieu of the property previously held. [1981 c.787 §11; 1991 c.816 §14]The
state hereby is granted express power to relinquish the title to any of
its property not needed for public use to the United States Government or
any other governmental body or political subdivision within the state,
providing such property shall be used and continue to be used, for a
public purpose by the United States Government, or such other
governmental body or political subdivision in the State of Oregon. [1981
c.787 §12] (1) When property is exchanged
under the authority of ORS 270.100, 270.110 and 270.130, the value of the
real property accepted by the state in exchange for any of its property
plus cash, if any, shall not be less than the value of the property
relinquished by the state. The provisions of ORS 270.100, 270.110 and
270.130 do not apply when the state is exchanging property under this
section.

(2) Property may be exchanged in a transaction involving more than
two parties or properties under terms and conditions that reflect the
provisions of subsection (1) of this section. [1981 c.787 §13; 1991 c.816
§8](1) The value of the respective properties proposed to be
exchanged shall be determined by the state agency, board or commission
which has supervision and direction of the department or activity of the
state for which such property is held or belongs, and if there be no such
agency, board or commission, then by the Department of State Lands. The
state agency, board or commission may use an appraised value as one
indicia of the value of the property.

(2) The state agency, board or commission shall cause the property
to be appraised by one or more competent and experienced appraisers. The
compensation, if any, of the appraisers shall be borne equally by the
respective owners of the property. In case such valuation shall not be
mutually satisfactory to the respective owners the same shall not be
binding upon them. [1981 c.787 §14; 1991 c.816 §20] Every lease entered into
pursuant to ORS 270.110 shall be authorized by order of the state agency
executing the same and shall provide such terms and conditions as may be
fixed and determined by the governmental body executing the same. Any
such lease may provide that the lessee shall pay ad valorem taxes
assessable against the leased property, or that the state agency shall
pay such taxes, in which latter event the anticipated amount of taxes
shall be taken into consideration in fixing the rental charge. [1981
c.787 §15; 1991 c.816 §22](1) Any agency of the State of Oregon may donate to any
person, firm or corporation selected by such governmental body,
conditionally or otherwise, for industrial or manufacturing purposes, or
both, and purposes incidental thereto, any real property owned by the
governmental body and not needed or likely to be needed for public use.

(2) The donation must include a condition that whenever the donee
or successor in interest ceases to use the property for the donated
purpose the title to the property shall revert to the donor.

(3) The gift shall be made by statute or formal order and the terms
and conditions of the gift shall be set forth in such statute or order.
[1981 c.787 §16] The
Department of State Lands is hereby authorized to sell, convey, lease or
exchange any or all state lands chiefly suitable for grazing, to or with
Oregon counties, and with the United States of America for other lands
either of equal acreage or of equal value. All powers herein granted to
the Department of State Lands are in addition to and not in derogation of
powers heretofore conferred by law. [1981 c.787 §17]The state or any state agency occupying a street or
public property of a political subdivision by any structure above, on or
under the surface, may provide a contract of indemnity to protect the
other political subdivision against loss or damage resulting from such
occupancy. [1981 c.787 §18]If the state holds the easement
or fee title to a street or highway, the state may lease the space above
or below that street or highway for private purposes for such period as
the controlling state agency determines the space will not be needed for
public purposes, and upon such other terms and conditions as the agency
finds to be in the public interest. Before leasing the space, the agency
shall determine that the use of the space will not unreasonably interfere
with the public use and utility use of the street or highway, and shall
notify the property owners abutting the space proposed to be leased under
this section and give them an opportunity to be heard with respect to the
proposed leasing. Lease of space above or below a street or highway for
private purposes shall not affect prior dedication or grant of the area
for street or highway purposes. [1981 c.787 §19]SUBMERSIBLE AND SWAMP LANDS
The Department of State Lands shall ascertain the amount of land to which
it is entitled under the Acts of Congress relative to submersible and
swamp lands, acquire title thereto and enter into contracts for drainage
and reclamation in order that the lands may be available for development
and settlement. [Formerly 273.730; 1969 c.594 §29]SALE OF FOREST PRODUCTS As used in ORS 273.522 to
273.541, “forest products” has the meaning given that term in ORS
532.010. [1997 c.117 §2] The Department of
State Lands may sell and dispose of the forest products on lands of the
State of Oregon that have not been designated Common School Forest Lands
under ORS 530.460, regardless of acreage and in such quantities to each
purchaser as the department shall prescribe. If the value of the forest
products, as appraised under ORS 273.525, exceeds $25,000, the department
shall sell the forest products to the highest and best bidder at public
auction, or through sealed bids, as the department may determine prior to
offering the forest products for sale. [Formerly 273.521] (1)
Before offering any forest products for sale under ORS 273.523, the
Department of State Lands shall cause the forest products to be appraised
in a manner that it considers appropriate.

(2) Prior to sale of forest products with an appraised value
greater than $25,000, notice thereof shall be given by the department for
not less than four weeks by publication once each week in one or more
newspapers of general circulation in the county in which such forest
products are situated, and in such other manner as the department
considers appropriate. The notice shall designate by legal subdivision
the land having such forest products thereon, shall state the appraised
value of such forest products and the minimum price at which the same may
be sold and shall contain a brief statement of the terms of sale. No sale
of forest products shall be made at less than the appraised value.

(3) The forest products on one or any number of legal subdivisions
may be offered and sold separately, or in one body, as the department
considers appropriate. In cases in which notice has been given by
publication and no satisfactory bid has been received, or in cases in
which the bidder fails to complete the purchase, the department may, at
any time during a period of six months after the advertised date of sale,
sell the forest products in such manner as it considers appropriate, but
the sale price shall not be less than the minimum terms offered in the
notice of sale or the highest bid received, whichever is the larger
amount. [Formerly 273.310; 1997 c.117 §4] When more than one bid has
been received, or in case of doubt as to which of a number of bids is the
highest and most advantageous for the state, the decision of the
Department of State Lands is conclusive and not subject to review by the
courts. [Formerly 273.315] Bond
requirements for the sale of forest products shall correspond to the
requirements for bonds in ORS 530.059. [Formerly 273.320; 1995 c.375 §4;
1997 c.117 §5] All documents
required in carrying out ORS 273.522 to 273.541 shall be executed by the
Director of the Department of State Lands, and all bonds, contracts and
other instruments required by ORS 273.522 to 273.541 for the protection
of the interests of the state shall be delivered to the Department of
State Lands. [Formerly 273.325]DRILLING LEASES (1) The
Department of State Lands, as to any land or mineral and geothermal
resource rights subject to its jurisdiction and control and without
restricting, limiting or repealing any other powers and authority which
it has, after consultation with the State Department of Geology and
Mineral Industries and with concurrence of any state agency acting for
the state with respect to surface rights in the subject land, may execute
leases and contracts for the mining of gold, silver, copper, lead,
cinnabar, gas and oil, or other valuable minerals or the exploration and
development of geothermal resources upon conditions agreed upon by the
Department of State Lands and the lessee.

(2) All leases may be without limitation as to time; but the
department may cancel any lease upon failure by the lessee to exercise
due diligence in the prosecution of the prospecting, development or
continued operation of the mine or well, and shall insert in every such
lease appropriate provisions for such cancellation.

(3) The authority granted by this section shall include the
execution of leases and contracts covering submersible and submerged
lands, as defined in ORS 274.005, the leasing of which is not otherwise
expressly authorized by statute.

(4) Leases and contracts executed under this section are not sales
within the purview of ORS 270.100.

(5) The department may charge a reasonable fee, to be paid by the
applicant, for making necessary investigations before the execution of
any such lease.

(6) This section does not apply to permits or leases under ORS
274.705 to 274.860. [Formerly 273.355; 1974 c.51 §6; 1975 c.552 §42; 1991
c.217 §4; 1991 c.816 §17; 1993 c.340 §1; 2003 c.253 §19]SOUTH SLOUGH ESTUARY(1) It is the policy of the
State of Oregon to maintain the South Slough of Coos Bay, from Valino
Island southward, inclusive, as a national estuarine research reserve,
acquired as the South Slough Estuary Sanctuary pursuant to chapter 415,
Oregon Laws 1975, as the first estuarine sanctuary in the United States
to be created under Section 312 of the Coastal Zone Management Act of
1972 (P.L. 92-583) and redesignated as the South Slough National
Estuarine Research Reserve by federal law (P.L. 99-272). The management
policy for the reserve is to:

(a) Maintain the integrity of the estuary;

(b) Protect the estuary from uses and activities, both within and
beyond its boundaries, that may alter or affect the ecosystem and its
natural dynamic processes; and

(c) Preserve the area for long-term scientific and educational uses.

(2) Responsibility for completing purchase of the South Slough
National Estuarine Research Reserve is vested with the Department of
State Lands. The department acts for the State of Oregon in any
transaction respecting the purchase of acreage for the reserve on or
after October 4, 1977.

(3) Except as necessary to achieve the policy set forth in
subsection (1) of this section and any standards established in the
Coastal Zone Management Act of 1972 (P.L. 92-583) or any rules,
regulations or agreements adopted pursuant thereto, the reserve is open
to the public. However, to protect the estuarine ecosystems, public use
of the reserve may be limited and controlled by the South Slough National
Estuarine Research Reserve Management Commission in consultation with any
technical management team established pursuant to an agreement between
the State of Oregon and the Office of Ocean and Coastal Resource
Management of the National Oceanic and Atmospheric Administration of the
United States Department of Commerce. The commission shall adopt rules to
carry out the intent of this subsection.

(4) The South Slough National Estuarine Research Reserve Management
Commission shall administer the reserve, subject to any agreement
respecting the reserve between the State of Oregon and the federal Office
of Ocean and Coastal Resource Management.

(5) The agency that acquired title to the reserve shall cause title
to be cleared in the name of the State of Oregon. [1977 c.496 §1; 2003
c.14 §134](1)
For the purpose of providing for the administration of the South Slough
National Estuarine Research Reserve in a manner consistent with the
provisions of ORS 273.553, there is created the South Slough National
Estuarine Research Reserve Management Commission. The commission shall
have the authority, in accordance with the policies formulated by the
State Land Board, to:

(a) Conduct the day-to-day operation and management of the South
Slough National Estuarine Research Reserve with the administrative
support of the Department of State Lands;

(b) Appoint a manager and other staff necessary to carry out this
section; and

(c) Apply for, receive and expend moneys from the federal
government and from this state or any agency thereof for the purpose of
carrying out this section.

(2) In accordance with applicable provisions of ORS chapter 183,
the commission may adopt rules necessary to:

(a) Carry out the commission’s responsibilities pursuant to ORS
273.553; and

(b) Implement a system of fees to recover the costs of carrying out
the management established in ORS 273.553, including fees for use of
facilities at the reserve, fees for research activities conducted at the
reserve, visitor activities fees and parking fees.

(3) The commission shall consist of nine members appointed by the
Governor as follows:

(a) A representative of common schools in the area of the reserve;

(b) One authorized representative of the Coos County Board of
Commissioners;

(c) One authorized representative of the governing body of the Port
of Coos Bay;

(d) The Director of the Department of State Lands or a designee
thereof;

(e) One authorized representative of the federal Office of Ocean
and Coastal Resource Management;

(f) Two representatives with an interest in marine science, one
from the University of Oregon Institute of Marine Biology at Charleston
and one from Oregon State University;

(g) One member selected from the general public at large; and

(h) One representative of Oregon Indian tribes appointed after
consultation with the Commission on Indian Services.

(4) The members appointed by the Governor under subsection (3)(a),
(f), (g) and (h) of this section shall serve for terms of four years and
members appointed under subsection (3)(b) and (c) of this section shall
serve for terms of two years. The Director of the Department of State
Lands or the designee of the director, if appointed in place of the
director, shall serve as the permanent chairperson of the commission. The
commission shall select one of its members as vice chairperson. The
chairperson and vice chairperson shall have duties and powers necessary
for the performance of the functions of such offices as the commission
determines. The vice chairperson shall act as the chairperson of the
commission in the absence of the chairperson. The vice chairperson shall
serve for a term of one year, subject to reelection by the commission.

(5) Each member of the commission shall have one vote, except that
the member who is the authorized representative of the federal Office of
Ocean and Coastal Resource Management shall be a nonvoting member. A
majority of the commission constitutes a quorum for the transaction of
business.

(6) Members of the commission are not entitled to compensation, but
in the discretion of the State Land Board may be reimbursed for actual
and necessary travel and other expenses incurred by them in the
performance of their official duties, subject to laws regulating travel
and other expenses of state officers and employees. [1977 c.496 §2; 1983
c.485 §1; 2003 c.14 §135; 2005 c.146 §1; 2005 c.528 §1](1) The South Slough National Estuarine Research Reserve
Management Account is established within the Common School Fund. Except
for moneys otherwise designated by statute, all moneys received by the
South Slough National Estuarine Research Reserve Management Commission
shall be paid into the State Treasury and credited to the account. All
moneys in the account are appropriated continuously and shall be used by
the commission for the purpose of carrying out ORS 273.554. Interest on
moneys in the account shall be credited to the Common School Fund.

(2) The commission shall keep a record of all moneys deposited in
the account. The record shall indicate by separate cumulative accounts
the source from which the moneys are derived and the individual activity
or program against which each withdrawal is charged. [1977 c.496 §3; 2003
c.14 §136; 2005 c.528 §2] (1) Jurisdiction for review of
actions and proposed actions of the commission which are claimed to be in
violation of any provision of ORS 273.553 or 273.554 is conferred upon
the State Land Board. Proceedings for review of such actions may be
instituted by filing a request for review with the State Land Board.

(2) The request for review by the State Land Board need only state
the action or proposed action of the commission in question and the
particular provisions of ORS 273.553 or 273.554 which are violated
thereby. Copies of the request for review shall be served by registered
or certified mail upon the commission.

(3) The State Land Board may affirm, reverse or modify the action
under review and make such other disposition of the matter as it deems
necessary to carry out the provisions of ORS 273.553 and 273.554. The
State Land Board shall make its decision within 60 days after the date on
which the request for review was filed. [1977 c.496 §5] (1) Violation of
a rule adopted under ORS 273.553 (3) is a Class D violation for each day
of violation.

(2) In addition to all other remedies, when it appears to the South
Slough National Estuarine Research Reserve Management Commission that a
person has engaged in, or is engaging in, any act that violates a rule
adopted under ORS 273.553 (3), the commission may direct the Attorney
General to apply to the court for an injunction restraining the person
from violating such rule. [1977 c.496 §4; 1999 c.1051 §169; 2003 c.14
§137]NATURAL HERITAGE PROGRAM As used in ORS
273.563 to 273.591, unless the context requires otherwise:

(1) “Agency” means a local, state or federal agency, board,
commission or department.

(2) “Board” means the State Land Board.

(3) “Candidate natural area” means a natural resource area that may
be considered for registration or dedication.

(4) “Commodity” means timber, minerals, livestock, agricultural
products or any other product of the land which is an important economic
resource.

(5) “Council” means the Natural Heritage Advisory Council
established in ORS 273.571.

(6) “Data bank” means the Natural Heritage Program element
inventory of element classification, data analysis, priority setting,
owner and other data maintained by the Institute for Natural Resources
under ORS 352.239.

(7) “Dedicate” means the formal recognition and protection of a
natural area for natural heritage conservation purposes.

(8) “Elements” means both the natural heritage resources and the
special species.

(9) “Instrument” means any written document intended to convey an
interest in real property under ORS 93.710, or an agreement between
parties according to the Natural Heritage Program or the Oregon Natural
Heritage Plan.

(10) “Natural area” means a unit of land or water or both that may
be considered for dedication under ORS 273.563 to 273.591 and that has
substantially retained its natural character, or, if altered in
character, shall in addition to its natural heritage resource values, be
valuable as habitat for plant and animal species or for the study and
appreciation of the natural features.

(11) “Natural heritage conservation area” means an area dedicated
under the provisions of ORS 273.586.

(12) “Natural heritage resources” means the terrestrial ecosystem
types, aquatic ecosystem types and unique geologic types as defined in
the Oregon Natural Heritage Plan or a unit of land or water that contains
a natural resource.

(13) “Plan” means the Oregon Natural Heritage Plan established
under ORS 273.576, which governs the Natural Heritage Program in
selecting areas for natural heritage conservation.

(14) “Program” means the Natural Heritage Program as established in
ORS 273.566.

(15) “Register” means the Oregon Register of Natural Heritage Areas
established under ORS 273.581.

(16) “Special species” means those species of plants and animals
determined by the council to be significant in value in a natural
heritage conservation area and defined in the Oregon Natural Heritage
Plan. [1983 c.786 §2; 2001 c.114 §1; 2003 c.661 §1] (1) The Legislative Assembly finds
that many valuable natural heritage elements are represented in natural
areas which can be protected through the voluntary cooperation of private
landowners and public land managers. These areas will comprise a discrete
and limited system of natural heritage conservation areas which are
selected to represent the full range of Oregon’s natural heritage
resources. These areas shall have substantially retained their natural
character, or, if altered in character, shall in addition to their
natural heritage resource values be valuable as habitat for plant and
animal species or for the study and appreciation of the natural features.
As such they will be living museums for scientific research, educational
purposes and nature interpretation.

(2) The Legislative Assembly also finds that it is necessary to
establish a process and means for public and private sector cooperation
in the development of this system of conservation areas. Private
landowners and public land managers should be encouraged to voluntarily
participate in the program through conservation activities which benefit
all Oregonians.

(3) In order to assure that natural heritage conservation
activities cause the minimum of conflict with other resource uses and
that they are cost effective, the Legislative Assembly finds that the
Natural Heritage Advisory Council should provide a specific framework for
natural heritage conservation decision making through a classification
and planning process known as the Natural Heritage Program. Future
natural heritage conservation areas should avoid unnecessary duplication
of already protected natural heritage elements. Each natural heritage
conservation decision should address alternative methods of accomplishing
the same purpose and should consider cost effectiveness.

(4) The Legislative Assembly recognizes that there is a need for
systematic, accessible information concerning the locations of the
resources of Oregon’s natural heritage including special plant and animal
species, native terrestrial ecosystems, aquatic ecosystems, and geologic
features, and especially including the areas already protected that
contain these elements. [1979 c.711 §2; 1983 c.786 §3](1) The Natural Heritage Advisory Council is hereby
established. The council shall consist of 17 members, nine of whom shall
be chosen as follows and who shall elect from its membership a
chairperson:

(a) Four individuals, appointed by the Governor, shall be
recognized experts in the ecology of natural areas. Desirable fields of
expertise are botany, zoology, terrestrial ecology, aquatic biology and
geology; and

(b) Five citizens, appointed by the Governor, shall be selected
from the various regions of the state. These members shall have interest
in natural resource conservation, management or the commodity use of
natural resources.

(2) Appointed members shall serve for four-year terms.

(3) In addition to the nine members appointed by the Governor, the
State Fish and Wildlife Director, the State Forester, the Director of
Transportation, the Chancellor of the Oregon University System, the
Director of Agriculture, the State Parks and Recreation Director, the
State Geologist and the Director of the Department of State Lands or an
authorized representative of each such officer, shall serve as ex
officio, nonvoting members of the council.

(4) Any vacancy on the council shall be filled by appointment of
the Governor.

(5) Members of the council shall serve without compensation, but
the State Land Board may pay the expenses reasonably incurred by the
council in the performance of its functions upon presentation of vouchers
signed by the chairperson of the council pursuant to ORS 292.495.

(6) The council shall:

(a) Meet at least quarterly;

(b) Develop policy for the Natural Heritage Program through the
review and approval of the Oregon Natural Heritage Plan;

(c) Review nominations for registration and the voluntary
dedication of natural heritage conservation areas, and approve
instruments of dedication for such areas;

(d) Advise the State Land Board, State Board of Forestry, State
Fish and Wildlife Commission, State Parks and Recreation Commission,
State Board of Higher Education and Oregon Transportation Commission
regarding areas under their respective jurisdictions which are
appropriate for dedication; and

(e) Advise the board in the adoption of rules that it considers
necessary in carrying out ORS 273.563 to 273.591.

(7) The board shall adopt any rules pursuant to ORS chapter 183
that it considers necessary to carry out ORS 273.563 to 273.591.

(8) Acting through the Department of State Lands, the council may
accept gifts or donations of real property. Such real property shall be
held in the name of the State of Oregon by the State Land Board and shall
be used for the purpose of carrying out the provisions of ORS 273.563 to
273.591. [1979 c.711 §3; 1983 c.786 §4; 1987 c.172 §1; 1989 c.63 §1; 1991
c.121 §1; 1993 c.741 §24; 1997 c.632 §3; 1999 c.238 §1](1)(a) The State Land Board, with the
assistance of the Natural Heritage Advisory Council, shall maintain a
natural heritage office to provide assistance in the selection and
nomination of areas containing natural heritage elements for registration
or dedication.

(b) The Oregon Natural Heritage Plan established by ORS 273.578
shall govern the Natural Heritage Program in the conduct of activities to
create and manage a system of natural heritage conservation areas which
are complementary to and consistent with the research natural area
program on federal lands in Oregon. This plan lists the natural heritage
elements that should be represented on the Oregon Register of Natural
Heritage Areas and in natural heritage conservation areas and provides
criteria for the selection and approval of candidate natural areas for
registration and dedication under ORS 273.563 to 273.591. In selecting
natural heritage conservation areas, the inclusion of natural heritage
resources, and especially those which are not adequately protected
elsewhere, shall be given primary consideration. Inclusion and protection
of special species shall be an important additional consideration in
selecting natural heritage conservation areas, and wherever possible,
individual species shall be protected in association with natural
heritage resources or in assemblages of those species determined by the
council to have special significance.

(2) The board may advise owners of natural heritage conservation
areas concerning the management and use of such areas and may make
available to state, federal and local agencies that manage lands within
Oregon, information concerning the conservation of natural heritage
elements.

(3) The board may apply for and accept grants, contributions and
assistance from any federal, state or local government agency and any
foundation, individual or organization for the purpose of carrying out
the provisions of ORS 273.563 to 273.591. [1979 c.711 §5; 1983 c.786 §5;
2003 c.661 §2] (1) The
Sixty-first Legislative Assembly approves the Oregon Natural Heritage
Plan submitted under ORS 273.576.

(2) The State Land Board may review and approve or disapprove any
modification to the plan submitted by the Natural Heritage Advisory
Council. [1981 c.208 §§2,3; 1983 c.786 §6](1) The Natural Heritage Advisory Council
shall maintain a state register of areas containing significant natural
heritage elements to be called the Oregon Register of Natural Heritage
Areas.

(2) The council shall from time to time identify areas from the
natural heritage data bank which qualify for registration. Priority shall
be based on the Oregon Natural Heritage Plan and shall generally be given
to those elements which are rarest, most threatened or underrepresented
in the heritage conservation system on a statewide basis. Natural
heritage conservation areas shall not unnecessarily duplicate resources
or special species already adequately protected by other methods of land
protection. Whenever feasible, areas that qualify for registration shall
be located on lands which have been allocated primarily to special
noncommodity uses.

(3) The council shall review each registration proposal, including
the landowner’s written permission for registration if the area is
located on privately owned land.

(4) After review by the council, the State Land Board may place
sites onto the register or remove sites from the register.

(5) A voluntary management agreement may be developed between the
board and the owners of the sites on the register. [1979 c.711 §6; 1983
c.786 §7](1) A private
individual or organization which is the owner of any registered natural
area may voluntarily agree to dedicate that area as a natural heritage
conservation area by executing with the State Land Board an instrument of
dedication. The instrument of dedication shall be effective upon its
recording in the real property records of the office of the clerk of the
county in which any or all of the natural heritage conservation area is
located.

(2) Any public agency may dedicate lands under the provisions of
ORS 273.563 to 273.591 following the providing of opportunity for
adequate public notice and hearing by the agency. The Oregon
Transportation Commission, the State Fish and Wildlife Commission, the
State Board of Forestry, the State Board of Higher Education, the State
Parks and Recreation Commission and the State Land Board shall, with the
advice and assistance of the Natural Heritage Advisory Council, establish
procedures for the dedication of natural heritage conservation areas on
land, the title of which is held by the State of Oregon, and which is
under that agency’s management and control.

(3) The instrument of dedication shall contain any information or
provisions as the private owner, organization or agency and council
consider necessary to complete the dedication.

(4) Dedication of a natural heritage conservation area may be
terminated as follows:

(a) The dedication of a natural heritage conservation area by a
public agency may be terminated following the providing of opportunity
for adequate public notice and hearing and a finding by that agency of an
imperative and unavoidable necessity, or a finding by that agency, with
the approval of the council, that the natural heritage conservation area
is no longer needed according to the guidelines of the Oregon Natural
Heritage Plan.

(b) The dedication of a natural heritage conservation area by a
private individual or organization may be terminated by the private
individual or organization after the council is assured that there has
been compliance with the procedures required by the terms of the
dedication instrument.

(c) The dedication of a natural heritage conservation area may be
terminated by the board upon the advice of the council if the area is no
longer needed according to the guidelines of the plan, or has permanently
lost its natural character. [1979 c.711 §7; 1983 c.786 §8; 1991 c.121 §2] The Natural Heritage
Program Account is established within the General Fund of the State
Treasury. All moneys received by the State Land Board for the purposes of
ORS 273.563 to 273.591 shall be paid into the State Treasury and credited
to the account. All moneys in the account are continuously appropriated
for the use of the board in carrying out the provisions of ORS 273.563 to
273.591. [1979 c.711 §8]REMOVAL OF VALUABLE MATERIALS(1) The Department of
State Lands shall prescribe rules governing the exploration for and
removal of semiprecious stones and petrified wood from lands owned by the
State of Oregon and under the jurisdiction of the department. Such rules
shall be designed to maximize the public benefit of these resources, and
shall permit the free use of lands under jurisdiction of the department
for collection for noncommercial purposes of reasonable quantities of
petrified wood and semiprecious stones.

(2) The department, by rule, shall require payment of a reasonable
fee for a permit for the exploration for and removal of semiprecious
stones and petrified wood sufficient to cover the expenses of the
department incurred under this section with respect to the permit.

(3) No person shall remove petrified wood or semiprecious stones
for commercial purposes or in a quantity having a value of $500 or more
without a permit issued by the department under this section.

(4) If any person removes semiprecious stones or petrified wood
from lands owned by the State of Oregon without a permit as required
under this section or in a manner contrary to rules prescribed under this
section, all the materials or objects so removed or the value of such
materials or objects shall be subject to disposal by the department as
property of the State of Oregon. [1967 c.174 §2; 1973 c.642 §5]RIGHTS OF WAY There is granted to all
persons constructing railways built after February 21, 1891, within the
boundaries of the state, and to their successors and assigns:

(1) A right of way through any unimproved state lands, of the width
of 100 feet, being 50 feet in width on each side of the center line of
the road.

(2) All necessary grounds for stations, depots, shops, side tracks,
turntables and water stations, not exceeding 10 acres in any one place,
upon payment to the state of the sum therefor as fixed by the Department
of State Lands.

(3) The right to take, from the lands of this state adjacent to the
route lines of the road, material necessary for the construction of the
roads.

(4) The right to construct and maintain railroad bridges over any
navigable waters in this state. All bridges crossing navigable waters
shall be subject to such regulations, restrictions and compensation as
may be fixed by the department, and shall be so constructed as not
unnecessarily to interfere with navigation. [Formerly 273.180](1) Whenever a railway company mentioned in ORS
273.751, or its successors or assigns, files with the Department of State
Lands a map of the definite location of its road lines through any state
lands, the department thereafter shall except from sale such right of way
and lands for purposes named in ORS 273.751.

(2) Whenever a railway company has selected a tract of state lands
for any purpose mentioned in ORS 273.751, the company shall file with the
department a map of the same, with a description connected with surveys
acceptable to the department. After such map has been filed, after
completion of construction of a railroad through such lands and upon
payment for the lands at the rate of $1 per acre, the department shall
execute and deliver to the company, its successors or assigns, deeds for
the tracts of lands so selected. [Formerly 273.190] (1) A right of
way for construction of a water ditch to be used for irrigation,
manufacturing or mining purposes, ditches or water pipes for conveying
water to political subdivisions for domestic purposes, or for the
extinguishment of fires, is granted for a distance of 25 feet on each
side of such ditches or water pipes to any person who may construct such
water ditches or water pipes over any submersible, swamp or school lands.

(2) A right of way for the construction and maintenance of domestic
and industrial water supply mains, sanitary pressure mains and storm
water outfalls is granted for a distance of 25 feet on each side of such
mains and outfalls to any municipal corporation that constructs and
maintains them in or over submerged or submersible lands or new lands
created thereon.

(3) All deeds, leases and easements granted by the State of Oregon
for any of the lands mentioned in this section shall be made subject to
any vested rights of the owners of such water ditches, water pipes, mains
or outfalls as may have been acquired under this section.

(4) The person or municipal corporation constructing such water
ditches, water pipes, mains or outfalls shall file with the Department of
State Lands a copy of the field notes of the survey of such ditches,
water pipes, mains or outfalls, showing their location.

(5) Any construction, maintenance, relocation or extension of a
main or outfall described in subsection (2) of this section shall be
carried out in accordance with any applicable rules of the department.
[Formerly 273.200; 1973 c.511 §2]Any person adding or removing any material to or from submerged
or submersible land so as to make necessary or advisable the relocation
or extension of a main or outfall described in ORS 273.761 (2) shall be
liable to the municipal corporation for all expenses incurred by it in
relocating or extending such main or outfall. [1973 c.511 §1]MINERAL AND GEOTHERMAL RESOURCE RIGHTS (1) “Mineral”
includes oil, gas, sulfur, coal, gold, silver, copper, lead, cinnabar,
iron, manganese and other metallic ore, and any other solid, liquid or
gaseous material or substance excavated or otherwise developed for
commercial, industrial or construction use from natural deposits situated
within or upon state lands, including mineral waters of all kinds.

(2) “Geothermal resources” shall have the same meaning given in ORS
522.005. [1974 c.51 §3; 1975 c.552 §41; 1981 c.588 §1; 1981 c.694 §1;
1983 c.740 §70a](1)
Mineral and geothermal resource rights in property owned by any state
agency and mineral and geothermal resource rights retained as an interest
in lands previously sold, granted or otherwise conveyed by the state or
any agency thereof are property of the State of Oregon. Except as
provided in ORS 273.785, proceeds therefrom shall accrue to the Common
School Fund, and the State Land Board is declared to be the state agency
acting for the state in any transaction respecting such mineral and
geothermal resource rights.

(2) In addition to applicable requirements of ORS chapter 522, such
mineral and geothermal resource rights shall be subject to exploration
permit or lease by the Department of State Lands, in accordance with
rules and conditions established by law or adopted by the department.

(3) The mineral and geothermal resource rights shall be retained by
the state in the absence of a finding by the State Land Board upon
adequate facts presented to it that their 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) Notwithstanding subsection (3) of this section, when the
Department of State Lands offers real property for sale, the department
may not retain the rights to mineral or geothermal resources if:

(a) On January 1, 2004, the real property was located:

(A) Inside an urban growth boundary; or

(B) Within an area zoned for residential use on a lot or parcel
that is three acres or smaller in size; and

(b) The value, if any, of the rights to the mineral or geothermal
resources is included in the total sale price of the real property. [1974
c.51 §2; 1975 c.552 §40; 2005 c.60 §2]
ORS 273.551 and 273.775 to 273.790 do not apply to:

(1) Soil, clay, stone, sand and gravel acquired or used by state
agencies for the purpose of constructing or repairing roads or other
state facilities, or the proceeds from those materials.

(2) Mineral or geothermal resource rights or proceeds from those
rights acquired by the State Fish and Wildlife Commission pursuant to an
agreement with the federal government under 16 U.S.C. 669 to 669i (P.L.
75-415).

(3) Mineral or geothermal resource rights or proceeds from those
rights if other disposition is required by federal rules or regulations
or any agreement entered into at the time of acquisition of the mineral
or geothermal resource rights by the state.

(4) Proceeds of mineral and geothermal resource rights acquired by
the state pursuant to ORS 530.010 and 530.030, other than those
distributed under ORS 530.110 (1)(c).

(5) Mineral or geothermal resource rights or proceeds from those
rights acquired after January 1, 1974, for the state by the Department of
Veterans’ Affairs pursuant to ORS 88.720, 406.050 (2), 407.135 or
407.145. After consultation, the Department of State Lands and the
Department of Veterans’ Affairs shall enter into an interagency agreement
governing consultation between them concerning mineral and geothermal
resource values on properties acquired for the state by the Department of
Veterans’ Affairs. The Department of Veterans’ Affairs shall adopt rules
relating to the release of mineral and geothermal rights on such
properties.

(6) Mineral or geothermal resource rights or proceeds from those
rights given by a donor to any institution, department or activity under
the control of the State Board of Higher Education that are acquired or
held for the state by the State Board of Higher Education pursuant to ORS
chapters 351 and 567. In managing mineral or geothermal resource leases,
the State Board of Higher Education shall consult with the Department of
State Lands in accordance with an interagency agreement established by
the department and the State Board of Higher Education governing
consultation between the department and the State Board of Higher
Education and governing management of the mineral or geothermal resources.

(7) Mineral or geothermal resource rights or proceeds from those
rights acquired and held by the Department of Transportation. In managing
mineral or geothermal resource leases, the Department of Transportation
shall enter into an intergovernmental agreement with the Department of
State Lands governing consultation between the departments and governing
management of the mineral or geothermal resources. [1974 c.51 §4; 1991
c.467 §1; 2001 c.453 §1; 2003 c.676 §1; 2005 c.60 §1; 2005 c.625 §63](1) As used in this section:

(a) “Owner” means:

(A) The record holder of fee title interest in residential real
property; or

(B) The contract purchaser of residential real property.

(b) “Residential real property” means real property that is sold by
the Department of State Lands for the State Land Board and is located:

(A) Inside an urban growth boundary; or

(B) Within an area zoned for residential use on a lot or parcel
that is three acres or smaller in size.

(2) An owner may apply to the department for release and transfer
of the rights to mineral or geothermal resources reserved by the State of
Oregon.

(3) Upon application by the owner, the department shall release and
transfer to the owner the reserved rights to mineral and geothermal
resources within 30 days after the first board meeting that is at least
60 days after the department received the completed application for
release and transfer of the rights, unless the board finds that a
significant mineral or geothermal resource exists. If the board finds
that a significant mineral or geothermal resource exists, the owner may:

(a) Offer to purchase the resource for the value of the resource; or

(b) Withdraw the application.

(4) If the board finds that a significant mineral or geothermal
resource exists under subsection (3) of this section and the owner offers
to purchase the resource for the value of the resource:

(a) The board shall determine the value of the resource on the
basis of an appraisal conducted by a state certified appraiser certified
under ORS 674.310 or by a geologist who is registered under ORS 672.505
to 672.705 and qualified to assess the value of mineral and geothermal
deposits.

(b) The board may not:

(A) Require an owner to obtain an appraisal under this section; or

(B) Require an owner to pay the cost of an appraisal conducted at
the request of the board under this section.

(5) The department may charge a reasonable fee, not to exceed $150,
to process an application under this section.

(6) The department may adopt rules to implement this section. [2003
c.676 §3] The Department of
State Lands shall establish and maintain a registry of mineral and
geothermal resource rights placed under the jurisdiction of the State
Land Board. [1974 c.51 §5]COMMON SCHOOL GRAZING LANDS (1)
As used in ORS 273.805 to 273.825, “common school grazing lands” means
lands owned by the State of Oregon and under the control of the
Department of State Lands that are chiefly suitable for the grazing of
animals, as determined by the department, and which are within, but not
limited to, the following land classifications:

(a) Lands defined by ORS 273.251 as indemnity lands, school lands
or farmlands.

(b) Lands which have escheated to the state.

(2) Nothing in ORS 273.805 to 273.825 is intended to be an express
or implied limitation upon the powers of the department to acquire,
lease, manage, control or protect land pursuant to authority otherwise
granted by law. ORS 273.805 to 273.825 and 327.430 are not the result of
a legislative intent or belief that the department is without authority
to acquire, lease, manage, protect or control common school grazing
lands. [1963 c.517 §§1,5; 1967 c.421 §84]
(1) In order to accomplish the purpose of ORS 273.805 to 273.825, the
Department of State Lands may, with respect to common school grazing
lands:

(a) Protect the lands from fire, disease and insect pests,
cooperate with others in such protection and enter into all agreements
necessary or convenient therefor.

(b) Lease the lands subject to such terms and conditions as the
department prescribes or is otherwise prescribed by law. Leases shall be
of sufficient duration so as to encourage the rehabilitation and
improvement of the lands by the lessee.

(c) Loan moneys belonging to the Common School Fund to lessees of
the lands for the purpose of rehabilitating and improving the lands. The
security for such loans shall be as prescribed by the department but
shall not be more than equal in value to the amount loaned.

(d) Reseed or reforest the lands, including the destruction of
undesirable vegetation, and cooperate with others for such reseeding or
reforestation, and make all agreements necessary or convenient thereto.

(e) Require such undertakings, including performance bonds, as it
considers appropriate to secure performance of any agreement or loan
authorized by ORS 273.805 to 273.825.

(2) In order to accomplish the purpose of ORS 273.805 to 273.825,
the department may, with respect to common school grazing lands, apply
the following to all leases entered into by the department after January
1, 1985:

(a) The initial term of a lease shall be not less than 20 years,
and at the end of the initial term the lease shall be renewed by the
department for an additional term of 20 years. However, any lessee who is
in default under the terms of the lease or has failed to comply with all
management plans applicable to the lease shall not be eligible for
renewal of the lease for an additional term of 20 years as provided in
this paragraph.

(b) The department shall give preference in the issuance of leases
to:

(A) Persons who are current lessees; and

(B) Landowners engaged in the livestock business that seek to use
the common school grazing lands for the grazing of livestock. For the
purposes of this subparagraph, “landowner” means an individual or legal
entity that is the owner of the land, water or water rights necessary to
permit the proper use of the leased common school grazing lands in
combination with the landowner’s privately owned or controlled land or
water.

(c) The department may terminate a lease of common school grazing
lands:

(A) Upon the default of the lessee as to any material term of the
lease; or

(B) If the lessee has failed to comply with any management plan
adopted by the department and applicable to the leasehold.

(d) Except as provided in paragraph (c) of this subsection, the
department shall not terminate a common school grazing lands lease
without the consent of the lessee. If the consent of the lessee cannot be
obtained, the department may terminate a common school grazing lands
lease only by contemporaneously agreeing to pay to the lessee
compensation as provided by law for all damages caused by the termination
of the lease, including any depreciation or loss of value to the
remaining lands or businesses of the lessee. [1963 c.517 §3; 1967 c.421
§85; 1995 c.813 §1] The Department of State Lands may
exchange common school grazing lands for land of approximately equal
aggregate value, when such exchange is in furtherance of the purposes of
ORS 273.805 to 273.825. No exchange shall be made until the title to the
lands to be received has been validated by the Attorney General. All
lands received in exchange shall have the same status and be subject to
the same provisions of law as lands given in exchange therefor. [1963
c.517 §4; 1967 c.421 §86] (1) The lessee
of any common school grazing land, upon its classification for sale by
the Department of State Lands, may purchase such land at a price and on
terms prescribed under subsection (2) of this section if the lessee is an
individual person, a resident of this state and owns, in fee simple, land
immediately adjacent to the common school grazing land for which the
lessee has applied. For purposes of this section, lands are considered to
be adjacent if their boundaries are common or intersect at a common point.

(2) Application to purchase common school grazing land under
subsection (1) of this section must be made in a manner prescribed by the
rules of the department. Upon receiving an application, the department
shall determine whether the applicant qualifies under subsection (1) of
this section. If the applicant qualifies, the department shall cause an
appraisal to be made of the land for which application has been made. The
department then shall fix a price for such land. ORS 270.020, 273.225 to
273.241 and 273.275 do not apply to the sale of land under this
subsection. The applicant shall pay not less than 10 percent of the
purchase price at the time of purchase, and shall pay the remainder in 10
equal installments, at least one installment to be paid each year, over a
period not to exceed 10 years from the time of purchase, with interest at
the rate fixed by the department for purposes of ORS 327.425.

(3) If application to purchase common school grazing land is made
by a person other than the lessee of such land, the department promptly
shall notify the lessee by registered or certified mail. Not later than
the 90th day after notice was mailed to the lessee, the lessee may make
written application in a manner prescribed by the rules of the department
to purchase such land. If the department determines that the lessee
qualifies under subsection (1) of this section, the department shall
proceed under subsection (2) of this section. If the department
determines that the lessee does not so qualify, or if the lessee does not
make timely application as required by this subsection, the department
shall proceed to sell such land in accordance with applicable provisions
of law other than this section. [1967 c.147 §2]SETTLEMENT OF TITLE TO CERTAIN LANDS IN CLATSOP COUNTY(1) In the
manner and under the conditions set out in ORS 273.850 to 273.890, and
notwithstanding any other law, the State of Oregon shall remise, release
and forever quitclaim to Clatsop County all rights, title and interest
that may remain or be vested in the state with respect to lands described
in subsection (2) of this section and any improvements thereon (excluding
bridges, wharves, quays, docks, piers, marinas or similar structures
protruding above the line of ordinary high water), that are located
within the following described area: Those portions of sections 12 and 13
of township 8 north, range 10 west of the Willamette Meridian, and
sections 2, 7, 8, 9, 10, 11, 16, 17 and 18, and the south one-half of
section 3, of township 8 north, range 9 west of the Willamette Meridian,
that are within the boundaries of the City of Astoria as such boundaries
existed on June 13, 1969.

(2) Subsection (1) of this section applies to lands created before
May 28, 1963, by artificial fill or deposit on lands formerly submersible
or submerged, if such lands were possessed under color of title by a
person or governmental entity, or predecessors in interest of such person
or governmental entity, throughout the period beginning when such lands
were created and ending on January 1, 1970.

(3) Nothing in ORS 273.850 to 273.890 applies with respect to land
that remained submerged or submersible on May 28, 1963.

(4) For purposes of section 5, Article VIII, Oregon Constitution,
lands described in subsections (1) and (2) of this section are not under
the jurisdiction of the State Land Board on or after January 1, 1970.
[1969 c.495 §§1,4](1) ORS 273.850 (1) and
(2) apply with respect to any lands described therein only when the Board
of County Commissioners of Clatsop County executes and delivers a deed
remising, releasing and forever quitclaiming all rights, title and
interest that may remain or be vested in such county with respect to such
lands, to a person or governmental entity that has been found under
subsections (3), (4) and (5) of this section and ORS 273.860 to 273.880
to have such possession of the lands as of the time of application for a
deed under ORS 273.850 to 273.890 as would bar an action or suit for
recovery of the lands by a private person under no disability holding
legal title thereto. However, in the case of lands heretofore or
hereafter acquired by Clatsop County through foreclosure for delinquent
ad valorem taxes or otherwise, ORS 273.850 (1) and (2) apply with respect
to any lands described therein when it has been found under subsections
(3), (4) and (5) of this section and ORS 273.860 to 273.880 that Clatsop
County or its predecessor in interest with respect to such lands has such
possession of the lands as would bar an action or suit for recovery of
the lands by a private person under no disability holding legal title
thereto.

(2) A deed executed under this section is intended only to evidence
the action of the State of Oregon and Clatsop County in remising,
releasing and quitclaiming their rights, title and interest, and does not
confer any rights, title or interest on the recipient of the deed or
indicate any judgment of the State of Oregon or Clatsop County with
respect to any other rights, title or interest that remain or be vested
in the recipient of the deed.

(3) Except as provided in ORS 273.870 (2) the Board of County
Commissioners of Clatsop County shall not execute any deed under
subsections (1) and (2) of this section, until the expiration of the time
for appeal from the decision of the board or of the circuit court, as the
case may be.

(4) Before any deed to such land is executed under subsections (1)
and (2) of this section, the applicant shall pay to the county treasurer
a sum equal to $10 per acre or any portion thereof.

(5) The county treasurer shall remit all of such moneys received
under subsection (4) of this section to the State Treasurer, who shall
deposit it in the Common School Fund to be credited to the Distributable
Income Account. [1969 c.495 §§5,11,12,14]Each applicant under ORS 273.865 (1) shall pay, at the
time of filing an application, a fee of $25. Moneys received under this
section shall be deposited with the county treasurer and be available for
payment of the expenses of the Board of County Commissioners of Clatsop
County in carrying out ORS 273.855 (3), (4) and (5) and 273.860 to
273.880. In addition to such fee, if the county board determines that an
investigation under ORS 273.865 (2) is necessary, it may require the
applicant, prior to execution of any deed under ORS 273.855 (1), to pay
an additional fee sufficient to pay the costs incurred by the county
board in excess of $25 in carrying out its duties with respect to that
application under ORS 273.855 (3), (4) and (5) and 273.860 to 273.880.
[1969 c.495 §7](1) Application for a deed under ORS 273.855 (1) shall be
made to the Board of County Commissioners of Clatsop County in a manner
and form prescribed by the county board. The application shall include:

(a) A legal description of the lands applied for, and, as nearly as
practicable, the time the land was filled or deposited;

(b) The names and addresses of persons other than the applicant who
are in occupancy or, to the knowledge of the applicant, may have any
claim to or interest in the lands described in the application;

(c) Evidence that the applicant, if other than a governmental
entity, has paid all ad valorem taxes that were assessed with respect to
the lands during the period the applicant asserts to have possessed the
lands;

(d) Evidence establishing that the applicant or the predecessors in
interest of the applicant have had such possession of the lands as of the
time of application for a deed under ORS 273.850 to 273.890 as would bar
an action or suit for recovery of the lands by a private person under no
disability holding legal title thereto.

(2) The Board of County Commissioners of Clatsop County may cause
an investigation to be made to determine whether the facts alleged in an
application are correct.

(3) The Board of County Commissioners of Clatsop County shall not
accept any applications under ORS 273.850 to 273.890 after December 31,
1971. However, this does not affect proceedings with respect to
applications filed not later than December 31, 1971. [1969 c.495 §§6,9,15](1) The Board of County Commissioners of Clatsop County
shall give public notice of each application received by it under ORS
273.865 (1), prior to its consideration thereof, by advertisement not
less than once each week for four successive weeks in a newspaper of
general circulation in Clatsop County. Such notice need not describe the
lands applied for in legal terms, but by the use of common descriptions
or maps shall be designed to identify the lands in a manner intelligible
to the layperson. Each notice shall indicate that a protest against the
execution of the deed applied for may be filed, in a manner prescribed by
the county board, with the county board not later than the 60th day after
the fourth publication of the notice, or within such further time as the
county board authorizes on a showing of good cause. Not later than the
fifth day after the first publication of the notice, the county board
shall send written notice of the application to the Department of State
Lands.

(2) If no protest is received within the time provided for in
subsection (1) of this section, and if the county board thereafter
determines that the application conforms to the requirements of ORS
273.865 (1), the county board shall execute and deliver to the applicant
a deed in accordance with ORS 273.855 (1).

(3) If protest is received within the time provided for in
subsection (1) of this section, the county board shall cause a hearing to
be held with respect to the protest, in a manner prescribed by its rules,
prior to the making of its findings with respect to an application.

(4) If two or more applications are filed with respect to the same
lands, the county board shall cause a hearing to be held at which all
such applicants may appear or be represented. [1969 c.495 §8] The
findings of the Board of County Commissioners of Clatsop County with
respect to an application shall be set out concisely in writing, and a
copy served on the applicant not later than the 10th day after they are
rendered. Not later than the 30th day after receipt of a copy of such
findings or within such further time as the county board authorizes on a
showing of good cause, an applicant may request a rehearing if the
applicant was denied on grounds that there was insufficient evidence
under ORS 273.865 (1)(d). If the county board grants a rehearing, it
shall give notice thereof as provided in ORS 273.870. The findings of the
county board after a rehearing, or after the time for requesting a
rehearing has elapsed, are final, subject only to judicial review as
provided in ORS 273.880. [1969 c.495 §10] (1) Jurisdiction for judicial
review of actions of the Board of County Commissioners of Clatsop County
under ORS 273.855 (3), (4) and (5) and 273.860 to 273.880 is conferred on
the circuit court for the county in which the land applied for is
located. Proceedings for review shall be instituted by filing a petition
not later than the 60th day after the date on which the findings of the
county board became final. The petition shall state the nature of the
petitioner’s interest, the facts showing how the petitioner is aggrieved
by the county board’s decision, and the grounds on which the petitioner
contends that the decision should be reversed or set aside. True copies
of the petition shall be served by registered or certified mail on the
county board and all other parties of record in the proceeding. No
responsive pleading is required of the county board. In its discretion
the court may permit other interested persons to intervene.

(2) Not later than the 30th day after service of the petition, or
within such further time as the court may allow, the county board shall
transmit to the court the original or a certified copy of the entire
record of the proceeding under review; however, by stipulation of all
parties to the review proceeding, the record may be shortened. Any party
unreasonably refusing to stipulate to limit the record may be taxed by
the court for the additional costs. The court may require or permit
subsequent corrections or additions to the record when deemed desirable.

(3) If, before the date set for hearing, application is made to the
court for leave to present additional evidence to the issues in the case,
and it is shown to the satisfaction of the court that the additional
evidence is material and that there were good and substantial reasons for
failure to present it in the proceeding before the county board, the
court may order that the additional evidence be taken before the county
board on such conditions as the court deems proper. The county board may
modify its findings and decision by reason of the additional evidence
and, within a time to be fixed by the court, shall file with the
reviewing court, to become a part of the record, the additional evidence,
together with any modifications or new findings or decision, or its
certificate that it elects to stand on its original findings and
decision, as the case may be.

(4) The review shall be conducted by the court without a jury as a
suit in equity and shall be confined to the record, except that, in cases
of alleged irregularities in procedure before the county board, not shown
in the record, testimony thereon may be taken in the court. The court, on
request, shall hear oral argument and receive written briefs.

(5) The court may adopt the county board’s findings of fact and
affirm the decision of the county board; or it may reverse and set aside
the county board’s decision, or reverse and remand for further
proceedings, after review of all the facts disclosed by the record, and
any additional facts established under subsection (4) of this section.
The court thereupon shall enter a judgment. In the case of reversal the
court shall make special findings of fact based on evidence in the record
and conclusions of law indicating clearly all respects in which the
county board’s decision is erroneous.

(6) Any party to the proceedings before the circuit court may
appeal from the judgment of that court to the Court of Appeals. Such
appeal shall be taken in the manner provided by law for appeals from the
circuit courts in suits in equity. [1969 c.495 §13; 1979 c.562 §10; 2003
c.576 §411] The State
of Oregon shall not call into question the title of any person possessing
lands described in ORS 273.850 (1) to (3) before January 1, 1973. The
State of Oregon shall not call into question the title of any person
possessing lands described in ORS 273.850 (1), if an application with
respect to such lands has been filed under ORS 273.850 to 273.880 and is
pending before the Board of County Commissioners of Clatsop County, or
with respect to which judicial review under ORS 273.880 remains available
or has not been finally rendered. [1969 c.495 §17](1) Nothing in ORS 273.850 to 273.890 affects
controversies among persons and governmental entities asserting
proprietary rights, title and interests with respect to lands described
in ORS 273.850 (1).

(2) No ad valorem taxes paid or owing with respect to lands
described in ORS 273.850 (1) shall be refunded or canceled on the ground
that the State of Oregon may have been the legal owner of such lands
before January 1, 1970. [1969 c.495 §§2,3]VALIDATING STATUTES The
titles to all tide lands within this state, and all tide flats not
adjacent to the shore in the waters of the state, which have been
heretofore sold to purchasers by the State of Oregon, where the purchaser
has, in good faith, actually paid to the state the purchase price, and
the same has been received by the state, and the purchaser has not
purchased from the state to exceed 320 acres of that character or class
of land, are hereby confirmed to all such purchasers and grantees of the
state, their heirs, successors or assigns, when such tide lands have not
been fraudulently obtained, and without reference to the amount of any
other character of lands purchased by such purchaser theretofore from the
state. [Formerly 274.050](1) All the rights and title of the State of Oregon to the
swamp and overflowed lands of this state, and claimed by persons who have
completed settlement thereon, or who may hereafter complete settlement
under the provisions of the preemption or homestead laws of the United
States, and have obtained a patent or certificate of final proof
therefor, hereby are granted and confirmed unto such claimant, or the
heirs or assigns of the claimant, respectively.

(2) Upon application of any such claimant to the Department of
State Lands, with proof of claim evidenced by United States patent or
final certificate of proof of settlement and payment, issued from the
United States Land Office, the department shall execute and deliver to
such claimant, without charge, a quitclaim deed of the state’s right and
title to the lands so claimed. [Formerly 274.120]The
Department of State Lands shall not call in question the title of any
person to any swamp lands which the person may not have acquired by full
and complete compliance with the preemption or homestead laws of the
United States, nor shall the department sell to anyone any unsurveyed
swamp lands, or swamp lands on which any settler shall have made and
perfected bona fide legal entry under the laws of the United States.
“Swamp lands,” as used in this section, means lands classified as swamp
lands pursuant to ORS 273.251. [Formerly 274.130] All deeds
prior to February 20, 1891, to state, school, and university lands, the
purchase price of which was paid to the board of commissioners for the
sale of school and university lands and for the investment of the fund
arising therefrom, hereby are confirmed to the grantees of the state, or
to their lawful heirs or assigns, together with all rights, title or
interest which the state might or could have in any of the said lands.
This section shall not apply to or confirm the title to any lands which
were procured by false swearing or by fraudulent representations.
[Formerly 273.280]
In all cases prior to May 21, 1917, where state deeds were issued to
lands claimed by this state under the laws of the United States, the
legal title to which had not yet vested in the state at the date of such
deeds, the after-acquired title of this state in or to such lands shall
be deemed vested in such purchasers who purchased such lands in good
faith, and their heirs and assigns, from the time such legal title passed
or may pass out of the United States. Nothing in this section shall
prevent the State of Oregon from proceeding at any time to set aside on
the ground of fraud any deed made by the state, nor shall anything
contained in this section be deemed to prejudice the rights of any person
claiming title to any public land adversely to the State of Oregon or to
the United States. [Formerly 273.270]The State of Oregon hereby remises, releases and forever quitclaims
unto the grantees therein, their heirs and assigns, all rights, titles
and interest that may have remained or vested in the State of Oregon
under deeds executed prior to July 5, 1947, by the State Land Board
wherein there was attempted to be reserved a “right of way for ditches,
canals and reservoir sites for irrigation purposes, constructed, or which
may be constructed, by authority of the United States.” [Formerly 273.170]All leases and conveyances granting the right to explore
or prospect for minerals or oil and gas, and for the drilling, mining and
removal of the same on or from lands or mineral rights under the
jurisdiction and control of any state agency, board or commission, which
were executed and delivered by such agency, board or commission prior to
August 9, 1961, are hereby validated and declared to be legal and
enforceable. [Formerly part of 517.410]PENALTIES