Chapter 273 — State Lands Generally

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2014 regular session. See the table of ORS sections amended or repealed during the 2014 regular session: 2014 A&R Tables

 

New sections of law were enacted by the Legislative Assembly during its 2014 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2014 Oregon Laws chapters: 2014 Session Laws 0047

 

 

2013 EDITION

 

STATE LANDS GENERALLY

 

PUBLIC LANDS

 

GENERAL PROVISIONS

 

273.006     Definitions

 

LAND COMMISSIONER

 

273.020     Governor as land commissioner

 

STATE LAND BOARD

 

273.031     State Land Board; seal

 

273.035     Governor is chairperson of board; rules; quorum; meetings; notice

 

DEPARTMENT OF STATE LANDS

 

(Creation and General Powers)

 

273.041     Department of State Lands

 

273.045     Administrative policies; rules

 

273.051     General powers and duties of department and board

 

273.055     Power to acquire and dispose of real property

 

273.061     Power of eminent domain

 

273.065     Finality of certain actions

 

273.071     Oaths; depositions; subpoenas

 

(Documents)

 

273.075     Deed to purchaser

 

273.081     Execution of documents; recordation

 

273.085     Recording copies of documents

 

273.091     Recording fees; return of documents

 

273.095     Copies or transcripts as evidence

 

273.099     Property transaction instruments to be maintained with department

 

(Finances)

 

273.101     Common School Fund

 

273.105     Distributable Income Account

 

273.115     Department use of Common School Fund

 

273.119     Private or federal grants for studies related to coordinating state and federal permitting issues

 

273.121     Expenditures of funds under control of department

 

273.125     Refund of moneys

 

273.131     Compromise or release of claims

 

(Cooperation With Other Agencies and Governmental Entities)

 

273.135     Agreements with other agencies for special services; costs; interagency services

 

273.141     Nature of services to be performed by certain other agencies

 

273.145     Department powers in exchanges, settlements and indemnifications

 

273.151     Cooperation with federal government

 

273.155     Cooperation of state and county agencies

 

(Director and Staff)

 

273.161     Director of department; salary of director and staff

 

273.165     Oath and bond of director

 

273.171     Duties and authority of director

 

273.175     Employees of department; compensation; fidelity bonds

 

273.183     Authority of department to require fingerprints

 

273.185     Director to investigate trespasses on state lands; appearance before federal agencies; expenses

 

AGREEMENTS FOR MAINTENANCE AND INTERPRETIVE SERVICES

 

273.196     Agreements to provide maintenance of state lands; program; minimum requirements; rules

 

273.197     Agreements to provide interpretive services

 

273.199     Rules for agreements for interpretive services

 

REMOVAL OF MATERIAL FROM STATE LANDS

 

273.225     Application for lease to take material; form

 

273.231     Removal without compliance with statute

 

273.235     Department’s powers to enforce statute

 

273.241     Action to recover damages for unlawful removal of material

 

MANAGEMENT AND DISPOSITION OF REAL ESTATE

 

273.245     Asset management plan; schedule for disposition

 

273.247     Disposal of isolated parcels of rangeland; sale procedure

 

SALE OF STATE LANDS

 

273.251     Classification of state lands

 

273.255     Eligibility to purchase state lands

 

273.261     Applications generally

 

273.265     Application for submersible lands

 

273.275     Price of state lands; sale to highest bidder

 

273.281     Payment for state lands

 

273.285     Certificate of sale to installment purchaser; records of sale

 

273.290     Cancellation and forfeiture on default in payments

 

273.295     Assignment of certificates of sale; deed to assignee

 

273.300     Issuance of deed

 

273.306     Execution and record of deeds

 

273.311     Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application

 

EXCHANGE OF STATE LANDS

 

273.316     Exchanging state lands to accumulate larger tracts

 

273.321     Notification to lessee prior to exchange; hearing

 

STATE LANDS UNLAWFULLY ACQUIRED

 

273.326     Compromise with owners of state lands unlawfully acquired; disposal of lands received through compromise

 

273.331     Subdivision and disposal of other lands as condition of compromise

 

INDEMNITY LANDS

 

273.335     Object of ORS 273.340 and 273.345

 

273.340     Ascertainment and procurement of indemnity lands

 

273.345     Determination of advisability of selection of indemnity lands within national forest reserves

 

273.350     Selection and sale of indemnity lands

 

ADJUSTING CERTAIN ERRONEOUS SALES

 

273.356     Definitions for ORS 273.356 to 273.375

 

273.360     Applicant to relinquish claim; refund of purchase price and taxes paid

 

273.365     When refunds not available; source of refunds

 

273.370     Alternative to refund

 

273.375     Acquisition by state of applicant’s interest; price

 

DISPOSITION OF LAND NOT NEEDED FOR PUBLIC PURPOSE

 

273.413     Disposition of unsuitable state lands; sale; use of proceeds; procedures

 

273.416     Exchange of property held as trust fund asset

 

273.421     Relinquishing title to United States Government or governmental body or subdivision; continued public use requirement

 

273.426     Exchange of property; value

 

273.431     Procedure for determining value of properties to be exchanged

 

273.436     Lease procedure; payment of taxes

 

273.441     Agency donation of property for industrial or manufacturing use; conditions

 

273.447     Disposition of state lands suitable for grazing

 

273.452     Indemnification contract for occupancy of political subdivision lands

 

273.456     Lease of space above or below street or highway; conditions; effect on prior dedications

 

SUBMERSIBLE AND SWAMP LANDS

 

273.505     Object of ORS 273.511

 

273.511     Acquisition of submersible and swamp lands; reclamation

 

SALE OF FOREST PRODUCTS

 

273.522     Definition of “forest products”

 

273.523     Sale of forest products on state lands

 

273.525     Appraisal of forest products; notice; sale conditions

 

273.531     Decision by department on bids

 

273.535     Bond requirements for sale of forest products

 

273.541     Execution and delivery of instruments

 

DRILLING LEASES

 

273.551     Mining and drilling leases on state lands; fee

 

SOUTH SLOUGH ESTUARY

 

273.553     South Slough National Estuarine Research Reserve; agreement between Oregon and federal government; rules

 

273.554     South Slough National Estuarine Research Reserve Management Commission; powers; rules; fees; membership; procedures; expenses

 

273.556     South Slough National Estuarine Research Reserve Management Account

 

273.557     Appeal to State Land Board

 

273.558     Penalties; enforcement; injunctive relief

 

NATURAL AREAS PROGRAM

 

273.563     Definitions for ORS 273.563 to 273.591

 

273.566     Legislative findings

 

273.573     Natural areas advisory committee

 

273.576     State Parks and Recreation Department duties; Oregon Natural Areas Plan; contents

 

273.578     Plan approval; review of modifications by commission

 

273.581     Natural areas register; contents; agreements between department and landowners

 

273.586     Dedication of land as state natural area; notice and hearing; termination of dedication

 

273.591     Natural Areas Program Account

 

REMOVAL OF VALUABLE MATERIALS

 

273.715     Rules for removal of semiprecious stones and petrified wood from state lands; fees; removal contrary to rules

 

RIGHTS OF WAY

 

273.751     State land grants to railroads

 

273.755     Filing maps of railroad location and depot sites; department’s duties

 

273.761     Right of way for water ditches and pipes

 

273.765     Liability for costs of relocation or extension of mains and outfalls

 

MINERAL AND GEOTHERMAL RESOURCE RIGHTS

 

273.775     Definitions for ORS 273.775 to 273.790

 

273.780     Retention of mineral and geothermal resource rights by state; exploration permit or lease; sale or exchange

 

273.785     Application of ORS 273.551 and 273.775 to 273.790; rules

 

273.787     Release and transfer of mineral or geothermal resource rights; reservation by state; rules; fee

 

273.790     Registry of rights under state board

 

COMMON SCHOOL GRAZING LANDS

 

273.805     Definitions for and purpose of ORS 273.805 to 273.825

 

273.815     Department’s powers; terms of grazing lease; termination

 

273.820     Exchange of lands

 

273.825     Purchase of lands by lessee or other person

 

SETTLEMENT OF TITLE TO CERTAIN LANDS IN CLATSOP COUNTY

 

273.850     State title to certain lands and improvements transferred to Clatsop County; lands not subject to board jurisdiction

 

273.855     Clatsop County to transfer title to lands and improvements to certain possessors; fee on execution of deed

 

273.860     Filing fee; use of fees; additional fee to cover costs of investigation

 

273.865     Application for deed; investigation; deadline on application

 

273.870     Notice of deed application; protest; hearing; dual applications

 

273.875     Findings of board; notice; rehearing procedure

 

273.880     Judicial review procedure

 

273.885     State prohibited from questioning certain titles

 

273.890     Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited

 

VALIDATING STATUTES

 

273.900     Confirmation of title to tide lands and tide flats

 

273.902     Confirmation of title to swamp and overflow lands; deed to claimant

 

273.903     Title of certain swamp lands not to be questioned by department; prohibition against sale of certain swamp lands

 

273.905     Confirmation of state land deeds prior to 1891

 

273.910     Confirmation of title to state lands purchased before 1918

 

273.915     Release of claims under pre-1947 deeds reserving right of way

 

273.920     Validation of mineral leases executed and delivered before August 9, 1961

 

PENALTIES

 

273.990     Criminal penalties

 

273.992     Civil penalties

 

273.994     Schedule of civil penalties; rules; considerations in imposing penalty

 

      273.005 [1959 c.45 §1; 1967 c.421 §95; renumbered 279.711]

 

GENERAL PROVISIONS

 

      273.006 Definitions. 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 sulfur 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]

 

      273.010 [Amended by 1961 c.618 §1; 1967 c.421 §49; renumbered 273.251]

 

LAND COMMISSIONER

 

      273.020 Governor as 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]

 

      273.030 [Amended by 1967 c.80 §1; repealed by 1967 c.421 §50a (273.255, 273.261 and 273.265 enacted in lieu of 273.030)]

 

STATE LAND BOARD

 

      273.031 State Land Board; seal. 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]

 

      273.035 Governor is chairperson of board; rules; quorum; meetings; notice. (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]

 

      273.040 [Amended by 1967 c.80 §2; 1967 c.421 §54; renumbered 273.271]

 

DEPARTMENT OF STATE LANDS

 

(Creation and General Powers)

 

      273.041 Department of State Lands. 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]

 

      273.045 Administrative policies; rules. 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]

 

      273.050 [Amended by 1967 c.421 §55; renumbered 273.275]

 

      273.051 General powers and duties of department and board. (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]

 

      273.055 Power to acquire and dispose of real property. 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]

 

      273.060 [Amended by 1967 c.147 §3; 1967 c.421 §39; renumbered 273.201]

 

      273.061 Power of eminent domain. 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]

 

      273.065 Finality of certain actions. 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]

 

      273.070 [Amended by 1967 c.421 §40; renumbered 273.205]

 

      273.071 Oaths; depositions; subpoenas. (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)

 

      273.075 Deed to purchaser. 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]

 

      273.080 [Amended by 1967 c.421 §41; renumbered 273.211]

 

      273.081 Execution of documents; recordation. 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]

 

      273.085 Recording copies of documents. 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]

 

      273.090 [Amended by 1967 c.421 §42; renumbered 273.216]

 

      273.091 Recording fees; return of documents. 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]

 

      273.095 Copies or transcripts as evidence. 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]

 

      273.099 Property transaction instruments to be maintained with department. 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]

 

      273.100 [Amended by 1967 c.421 §56; renumbered 273.281]

 

(Finances)

 

      273.101 Common School Fund. The Department of State Lands shall administer the Common School Fund as provided in ORS 327.405 to 327.480. [1967 c.421 §20]

 

      273.105 Distributable Income Account. (1) The Distributable Income Account is established within the Common School Fund. The Department of State Lands shall administer this account in accordance with Article VIII, section 4, Oregon Constitution, and applicable laws.

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

      (a) Moneys determined by the State Land Board to be available for apportionment according to ORS 327.410, after payment of the expenses of the State Land Board authorized to be paid under Article VIII, section 2 (2), of the Oregon Constitution.

      (b) 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; 2013 c.358 §1]

 

      273.110 [Amended by 1967 c.421 §57; renumbered 273.285]

 

      273.111 [Formerly 274.300; 1969 c.594 §9; repealed by 2005 c.755 §59]

 

      273.115 Department use of Common School Fund. 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.

      (3) Studies necessary for the fill and removal program that include, but are not limited to, the effects of sand and gravel mining on water quality and aquatic resources, sand and gravel recruitment and sediment transport, monitoring of sand and gravel removal operations, coordinating state and federal permitting efforts and the annual review process for permitting sand and gravel removal operations from the waters of this state. [1967 c.421 §23; 1969 c.338 §2; 1987 c.760 §3; 2009 c.882 §3]

 

      273.119 Private or federal grants for studies related to coordinating state and federal permitting issues. The Department of State Lands may apply for and receive any private or federal grants, loans or other funds available for the purposes of conducting studies related to the work of the department and coordinating state and federal permitting issues related to removal and fill. [2009 c.882 §1]

 

      Note: 273.119 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.

 

      273.120 [Repealed by 1967 c.421 §206]

 

      273.121 Expenditures of funds under control of department. 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]

 

      273.125 Refund of moneys. 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]

 

      273.130 [Amended by 1967 c.421 §58; renumbered 273.290]

 

      273.131 Compromise or release of claims. 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)

 

      273.135 Agreements with other agencies for special services; costs; interagency services. (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]

 

      273.140 [Amended by 1967 c.421 §59; renumbered 273.295]

 

      273.141 Nature of services to be performed by certain other agencies. 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]

 

      273.145 Department powers in exchanges, settlements and indemnifications. 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]

 

      273.150 [Amended by 1967 c.421 §60; renumbered 273.300]

 

      273.151 Cooperation with federal government. 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]

 

      273.155 Cooperation of state and county agencies. The Department of State Lands, in carrying out its duties, may call upon all related state and county agencies, including the Oregon University System, public universities with governing boards listed in ORS 352.054 and any state or county officers or Oregon University System or public university employees through whom necessary information and aid may be received. Such agencies, officers and employees shall cooperate with the department without additional compensation. [Formerly 273.750; 1969 c.594 §17; 2011 c.637 §83; 2013 c.768 §120a]

 

      Note: The amendments to 273.155 by section 120a, chapter 768, Oregon Laws 2013, become operative July 1, 2014. See section 171, chapter 768, Oregon Laws 2013. The text that is operative until July 1, 2014, is set forth for the user’s convenience.

      273.155. The Department of State Lands, in carrying out its duties, may call upon all related state and county agencies, including the Oregon University System and any state or county officers or Oregon University System employees through whom necessary information and aid may be received. Such agencies, officers and employees shall cooperate with the department without additional compensation.

 

      273.160 [Amended by 1967 c.421 §61; 1967 c.616 §§14, 14a; renumbered 273.306]

 

(Director and Staff)

 

      273.161 Director of department; salary of 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]

 

      273.165 Oath and bond of director. 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]

 

      273.170 [Renumbered 273.915]

 

      273.171 Duties and authority of director. (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]

 

      273.175 Employees of department; compensation; fidelity bonds. 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]

 

      273.180 [Amended by 1967 c.421 §89; renumbered 273.751]

 

      273.181 [1967 c.616 §11; repealed by 1975 c.605 §33]

 

      273.183 Authority of department to require fingerprints. 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.

 

      273.185 Director to investigate trespasses on state lands; appearance before federal agencies; expenses. (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]

 

      273.190 [Amended by 1967 c.421 §90; renumbered 273.755]

 

      273.195 [1981 c.787 §5; renumbered 270.020 in 1991]

 

AGREEMENTS FOR MAINTENANCE AND INTERPRETIVE SERVICES

 

      273.196 Agreements to provide maintenance of state lands; program; minimum requirements; rules. (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]

 

      273.197 Agreements to provide interpretive services. (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]

 

      273.199 Rules for agreements for interpretive services. 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]

 

      273.200 [Amended by 1967 c.421 §91; renumbered 273.761]

 

      273.201 [Formerly 273.060; 1977 c.598 §28; 1981 c.33 §1; 1981 c.787 §45; 1987 c.426 §1; 1989 c.904 §53; repealed by 1991 c.816 §24]

 

      273.205 [Formerly 273.070; repealed by 1991 c.816 §24]

 

      273.210 [Renumbered 273.555 and then 273.085]

 

      273.211 [Formerly 273.080; repealed by 1991 c.816 §24]

 

      273.216 [Formerly 273.090; repealed by 1991 c.816 §24]

 

      273.220 [Renumbered 273.565 and then 273.091]

 

      273.221 [1967 c.421 §44; repealed by 1969 c.594 §63]

 

REMOVAL OF MATERIAL FROM STATE LANDS

 

      273.225 Application for lease to take material; form. 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]

 

      273.230 [Renumbered 273.575 and then 273.095]

 

      273.231 Removal without compliance with statute. (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]

 

      273.235 Department’s powers to enforce statute. 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]

 

      273.240 [Renumbered 271.375]

 

      273.241 Action to recover damages for unlawful removal of material. (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

 

      273.245 Asset management plan; schedule for disposition. 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 odd-numbered year 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; 2011 c.545 §35]

 

      273.247 Disposal of isolated parcels of rangeland; sale procedure. (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]

 

      273.250 [Amended by 1967 c.421 §87; renumbered 273.705]

 

SALE OF STATE LANDS

 

      273.251 Classification 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]

 

      273.255 Eligibility to purchase state lands. 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)]

 

      273.260 [Amended by 1967 c.421 §88; renumbered 273.711]

 

      273.261 Applications generally. 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)]

 

      273.265 Application for submersible lands. (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]

 

      273.270 [Renumbered 273.910]

 

      273.271 [Formerly 273.040; 1969 c.594 §21; repealed by 1993 c.71 §1]

 

      273.275 Price of state lands; sale to highest bidder. 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]

 

      273.280 [Renumbered 273.905]

 

      273.281 Payment for state lands. 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]

 

      273.285 Certificate of sale to installment purchaser; records of sale. (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]

 

      273.290 Cancellation and forfeiture on default in payments. 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]

 

      273.295 Assignment of certificates of sale; deed to assignee. 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]

 

      273.300 Issuance of deed. 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]

 

      273.305 [Formerly 273.560; 1967 c.421 §78; renumbered 273.521]

 

      273.306 Execution and record of deeds. (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]

 

      273.310 [Formerly 273.570; 1967 c.421 §79; renumbered 273.525]

 

      273.311 Correction of deeds; refund of purchase price; refund to assignee of certificate of sale issued on fraudulent application. (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]

 

      273.315 [Formerly 273.580; 1967 c.421 §80; renumbered 273.531]

 

EXCHANGE OF STATE LANDS

 

      273.316 Exchanging state lands to accumulate larger tracts. (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]

 

      273.320 [Formerly 273.590; 1967 c.421 §81; renumbered 273.535]

 

      273.321 Notification to lessee prior to exchange; hearing. (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]

 

      273.325 [Formerly 273.600; 1967 c.421 §82; 1967 c.616 §§15,15a; renumbered 273.541]

 

STATE LANDS UNLAWFULLY ACQUIRED

 

      273.326 Compromise with owners of state lands unlawfully acquired; disposal of lands received through compromise. In 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]

 

      273.330 [Formerly 273.610; repealed by 1967 c.421 §206]

 

      273.331 Subdivision and disposal of other lands as condition of compromise. 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

 

      273.335 Object of ORS 273.340 and 273.345. 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]

 

      273.340 Ascertainment and procurement of indemnity lands. 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]

 

      273.345 Determination of advisability of selection of indemnity lands within national forest reserves. 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]

 

      273.350 Selection and sale of indemnity lands. (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]

 

      273.355 [Formerly part of 517.410; 1967 c.421 §83; renumbered 273.551]

 

ADJUSTING CERTAIN ERRONEOUS SALES

 

      273.356 Definitions for ORS 273.356 to 273.375. 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]

 

      273.360 Applicant to relinquish claim; refund of purchase price and taxes paid. 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]

 

      273.365 When refunds not available; source of refunds. (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]

 

      273.370 Alternative to refund. 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]

 

      273.375 Acquisition by state of applicant’s interest; price. 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]

 

      273.380 [Formerly 184.260; repealed by 1969 c.594 §63]

 

      273.382 [1963 s.s. c.7 §1; 1969 c.594 §27; 1991 c.441 §1; 1993 c.500 §13; repealed by 2011 c.34 §1]

 

      273.384 [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; repealed by 2011 c.34 §1]

 

      273.386 [1963 s.s. c.7 §10; 1977 c.93 §2; 1991 c.441 §3; repealed by 2011 c.34 §1]

 

      273.388 [1983 c.677 §1; 1991 c.441 §4; repealed by 2011 c.34 §1]

 

      273.405 [1971 c.208 §1; repealed by 1981 c.787 §58]

 

      273.406 [1981 c.787 §9; repealed by 1991 c.816 §24]

 

      273.410 [Repealed by 1967 c.421 §3 (273.031 enacted in lieu of 273.410)]

 

      273.411 [1981 c.787 §10; 1985 c.297 §1; repealed by 1991 c.816 §24]

 

DISPOSITION OF LAND NOT NEEDED FOR PUBLIC PURPOSE

 

      273.413 Disposition of unsuitable state lands; sale; use of proceeds; procedures. (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 catalogs 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.

 

      273.415 [1971 c.208 §2; repealed by 1981 c.787 §58]

 

      273.416 Exchange of property held as trust fund asset. 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]

 

      273.420 [Amended by 1963 c.203 §1; repealed by 1967 c.421 §206 and by 1967 c.616 §29]

 

      273.421 Relinquishing title to United States Government or governmental body or subdivision; continued public use requirement. 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]

 

      273.422 [1971 c.208 §3; repealed by 1981 c.787 §58]

 

      273.425 [1961 c.676 §2; repealed by 1967 c.421 §206]

 

      273.426 Exchange of property; value. (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]

 

      273.427 [1963 c.99 §1; 1967 c.148 §4; renumbered 273.321]

 

      273.428 [1971 c.208 §4; repealed by 1981 c.787 §58]

 

      273.430 [Amended by 1967 c.421 §13; 1967 c.616 §§16,16a; renumbered 273.071]

 

      273.431 Procedure for determining value of properties to be exchanged. (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]

 

      273.435 [1971 c.208 §5; repealed by 1981 c.787 §58]

 

      273.436 Lease procedure; payment of taxes. 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]

 

      273.440 [1963 c.394 §1; 1967 c.421 §12; repealed by 1967 c.616 §29]

 

      273.441 Agency donation of property for industrial or manufacturing use; conditions. (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]

 

      273.445 [1963 c.612 §4; 1967 c.421 §24; 1967 c.616 §17; renumbered 273.121]

 

      273.446 [1973 c.755 §1; repealed by 1981 c.787 §58]

 

      273.447 Disposition of state lands suitable for grazing. 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]

 

      273.450 [Amended by 1967 c.421 §15; 1967 c.616 §§18, 18a; renumbered 273.081]

 

      273.451 [1973 c.755 §2; repealed by 1981 c.787 §58]

 

      273.452 Indemnification contract for occupancy of political subdivision lands. 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]

 

      273.455 [1973 c.755 §3; repealed by 1981 c.787 §58]

 

      273.456 Lease of space above or below street or highway; conditions; effect on prior dedications. 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]

 

      273.459 [1973 c.755 §4; repealed by 1981 c.787 §58]

 

      273.460 [Amended by 1967 c.421 §25; renumbered 273.131]

 

      273.461 [1981 c.787 §20; renumbered 270.025 in 1991]

 

      273.465 [1973 c.755 §5; repealed by 1981 c.787 §58]

 

      273.470 [Amended by 1967 c.421 §26; renumbered 273.125]

 

      273.480 [Amended by 1967 c.421 §62; renumbered 273.311]

 

      273.481 [1981 c.787 §21; repealed by 1983 c.642 §11]

 

      273.486 [1981 c.787 §§22, 23; repealed by 1983 c.642 §11]

 

      273.490 [Amended by 1967 c.2 §2; 1967 c.421 §33; repealed by 1967 c.616 §29]

 

      273.491 [1981 c.787 §24; repealed by 1983 c.642 §11]

 

      273.496 [1981 c.787 §25; repealed by 1983 c.642 §11]

 

SUBMERSIBLE AND SWAMP LANDS

 

      273.505 Object of ORS 273.511. The object of ORS 273.511 is to ascertain and determine the title of the State of Oregon to the beds of shallow and dry lakes and the lands around lakes exposed to reliction or otherwise. [1967 c.421 §76]

 

      273.510 [Amended by 1967 c.421 §37; repealed by 1967 c.616 §29]

 

      273.511 Acquisition of submersible and swamp lands; reclamation. 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]

 

      273.520 [Amended by 1965 c.14 §42; 1967 c.421 §38; repealed by 1967 c.616 §29]

 

      273.521 [Formerly 273.305; 1997 c.117 §3; renumbered 273.523 in 1997]

 

SALE OF FOREST PRODUCTS

 

      273.522 Definition for “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]

 

      273.523 Sale of forest products on state lands. 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]

 

      273.525 Appraisal of forest products; notice; sale conditions. (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]

 

      273.530 [Amended by 1967 c.421 §36; 1967 c.616 §§19, 19a; renumbered 273.185]

 

      273.531 Decision by department on bids. 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]

 

      273.535 Bond requirements for sale of forest products. 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]

 

      273.540 [Amended by 1967 c.421 §73; renumbered 273.350]

 

      273.541 Execution and delivery of instruments. 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]

 

      273.550 [Repealed by 1967 c.81 §1]

 

DRILLING LEASES

 

      273.551 Mining and drilling leases on state lands; fee. (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

 

      273.553 South Slough National Estuarine Research Reserve; agreement between Oregon and federal government; rules. (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]

 

      273.554 South Slough National Estuarine Research Reserve Management Commission; powers; rules; fees; membership; procedures; expenses. (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 Oregon International 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; 2013 c.1 §25]

 

      273.555 [Formerly 273.210; 1967 c.421 §16; renumbered 273.085]

 

      273.556 South Slough National Estuarine Research Reserve Management Account. (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]

 

      273.557 Appeal to State Land Board. (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]

 

      273.558 Penalties; enforcement; injunctive relief. (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]

 

      273.560 [Renumbered 273.305 and then 273.521]

 

      273.561 [1979 c.711 §1; repealed by 1983 c.786 §1]

 

      273.562 [1973 c.532 §2; repealed by 1979 c.711 §10]

 

NATURAL AREAS PROGRAM

 

      273.563 Definitions for ORS 273.563 to 273.591. 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) “Candidate natural area” means a natural resource area that may be considered for registration or dedication.

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

      (4) “Data bank” means the Natural Areas Program inventory of natural heritage resources classification, data analysis, priority setting, owner and other data maintained by the Institute for Natural Resources under ORS 352.239.

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

      (6) “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 Areas Program or the Oregon Natural Areas Plan.

      (7) “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.

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

      (9) “Plan” means the Oregon Natural Areas Plan established under ORS 273.578, which governs the Natural Areas Program in selecting natural areas for conservation.

      (10) “Program” means the Natural Areas Program as established in ORS 273.566.

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

      (12) “Special species” means those species of plants and animals determined by the State Parks and Recreation Department to be significant in value in a state natural area and defined in the Oregon Natural Areas Plan.

      (13) “State natural area” means an area that an individual, organization or public agency dedicates as a state natural area under ORS 273.586. [1983 c.786 §2; 2001 c.114 §1; 2003 c.661 §1; 2009 c.217 §1; 2011 c.319 §10]

 

      273.565 [Formerly 273.220; 1967 c.421 §17; renumbered 273.091]

 

      273.566 Legislative findings. (1) The Legislative Assembly finds that many valuable natural heritage resources are represented in natural areas that 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 areas that 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 state natural areas. Private landowners and public land managers should be encouraged to voluntarily participate in the program through conservation activities that benefit all Oregonians.

      (3) In order to ensure that activities related to natural heritage resources cause the minimum of conflict with other resource uses and that they are cost effective, the Legislative Assembly finds that the State Parks and Recreation Department should provide a specific framework for decision making related to natural heritage resources through a classification and planning process known as the Natural Areas Program. Future state natural areas should avoid unnecessary duplication of already protected natural heritage resources. Each 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 areas, including special plant and animal species, native terrestrial ecosystems, aquatic ecosystems and geologic features, and especially including the natural areas already protected that contain these resources. [1979 c.711 §2; 1983 c.786 §3; 2009 c.217 §2; 2011 c.319 §11]

 

      273.567 [1973 c.532 §1; repealed by 1979 c.711 §10]

 

      273.570 [Amended by 1953 c.122 §2; renumbered 273.310 and then 273.525]

 

      273.571 [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; 2009 c.217 §3; repealed by 2011 c.319 §23]

 

      273.572 [1973 c.532 §3; repealed by 1979 c.711 §10]

 

      273.573 Natural areas advisory committee. (1) To aid and advise the State Parks and Recreation Director in the performance of the functions related to the Natural Areas Program, the director may establish a natural areas advisory committee.

      (2) The advisory committee may assist the State Parks and Recreation Department:

      (a) In the development of policy for the Natural Areas Program through the review and approval of the Oregon Natural Areas Plan;

      (b) By reviewing nominations for registration and the voluntary dedication of natural areas, and instruments of dedication for such areas;

      (c) In providing recommendations to the State Parks and Recreation Commission, State Land Board, State Board of Forestry, State Fish and Wildlife Commission, State Board of Higher Education and Oregon Transportation Commission regarding areas under their respective jurisdictions that are appropriate for dedication; and

      (d) In advising the State Parks and Recreation Commission in the adoption of rules that may be considered necessary in carrying out ORS 273.563 to 273.591.

      (3) Members of the advisory committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. [2011 c.319 §9]

 

      273.575 [Formerly 273.230; 1967 c.421 §18; renumbered 273.095]

 

      273.576 State Parks and Recreation Department duties; Oregon Natural Areas Plan; contents. (1)(a) The State Parks and Recreation Department shall provide assistance in the selection and nomination of natural areas containing natural heritage resources for registration or dedication.

      (b) The Oregon Natural Areas Plan established by ORS 273.578 shall govern the Natural Areas Program in the conduct of activities to create and manage a system of state natural areas that are complementary to and consistent with the research natural area program on federal lands in Oregon. This plan lists the natural heritage resources that should be represented on the Oregon Register of Natural Areas and in state natural 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 state natural areas, the department shall give primary consideration to inclusion of natural heritage resources, and especially those natural heritage resources that are not adequately protected elsewhere. Inclusion and protection of special species shall be an important additional consideration in selecting state natural areas, and wherever possible, individual species shall be protected in association with natural heritage resources or in assemblages of those species determined by the department to have special significance.

      (2) The department may advise owners of state natural 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 resources.

      (3) The department 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; 2009 c.217 §4; 2011 c.319 §12]

 

      273.577 [1973 c.532 §4; repealed by 1979 c.711 §10]

 

      273.578 Plan approval; review of modifications by commission. (1) The Sixty-first Legislative Assembly approves the Oregon Natural Areas Plan submitted under ORS 273.576.

      (2) The State Parks and Recreation Commission may review and approve or disapprove any modification to the Oregon Natural Areas Plan submitted by the State Parks and Recreation Department. [1981 c.208 §§2,3; 1983 c.786 §6; 2009 c.217 §5; 2011 c.319 §13]

 

      273.580 [Renumbered 273.315 and then 273.531]

 

      273.581 Natural areas register; contents; agreements between department and landowners. (1) The State Parks and Recreation Department shall maintain a state register of natural areas containing significant natural heritage resources to be called the Oregon Register of Natural Areas.

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

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

      (4) After review and recommendation by the department, the State Parks and Recreation Commission may place natural areas onto the register or remove natural areas from the register.

      (5) A voluntary management agreement may be developed between the department and the owners of the natural areas on the register. [1979 c.711 §6; 1983 c.786 §7; 2009 c.217 §6; 2011 c.319 §14]

 

      273.582 [1973 c.532 §5; repealed by 1979 c.711 §10]

 

      273.585 [1963 c.612 §2; 1967 c.421 §27; renumbered 273.135]

 

      273.586 Dedication of land as state natural area; notice and hearing; termination of dedication. (1) A private individual or organization that is the owner of any registered natural area may voluntarily agree to dedicate that area as a state natural area by executing with the State Parks and Recreation Department 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 state natural 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 department, establish procedures for the dedication of state natural 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 department consider necessary to complete the dedication.

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

      (a) The dedication of a state natural 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 department, that the state natural area is no longer needed according to the guidelines of the Oregon Natural Areas Plan.

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

      (c) The dedication of a state natural area may be terminated by the State Parks and Recreation Commission upon the advice of the department 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; 2009 c.217 §7; 2011 c.319 §15]

 

      273.587 [1973 c.532 §9; repealed by 1979 c.711 §10]

 

      273.590 [Renumbered 273.320 and then 273.535]

 

      273.591 Natural Areas Program Account. The Natural Areas Program Account is established within the General Fund of the State Treasury. All moneys received by the State Parks and Recreation Department 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 department in carrying out the provisions of ORS 273.563 to 273.591. [1979 c.711 §8; 2009 c.217 §8; 2011 c.319 §16]

 

      273.592 [1973 c.532 §§6,7; repealed by 1979 c.711 §10]

 

      273.595 [1963 c.612 §3; 1967 c.421 §28; renumbered 273.141]

 

      273.597 [1973 c.532 §8; repealed by 1979 c.711 §10]

 

      273.600 [Renumbered 273.325 and then 273.541]

 

      273.605 [1971 c.615 §1; 1973 c.772 §7; 1974 c.71 §2; 1981 c.787 §46; 1985 c.565 §41; 1987 c.320 §151; repealed by 1991 c.816 §24]

 

      273.610 [Renumbered 273.330]

 

      273.615 [1971 c.615 §2; 1981 c.787 §47; repealed by 1991 c.816 §24]

 

      273.620 [Amended by 1967 c.421 §74; repealed by 1967 c.422 §7]

 

      273.625 [1971 c.615 §3; 1981 c.787 §48; 1983 c.599 §2; repealed by 1991 c.816 §24]

 

      273.628 [1983 c.599 §5; 1991 c.816 §18; renumbered 270.190 in 1991]

 

      273.630 [Repealed by 1967 c.421 §206]

 

      273.635 [1971 c.615 §4; 1981 c.787 §49; 1983 c.599 §3; repealed by 1991 c.816 §24]

 

      273.639 [1981 c.787 §7; 1991 c.816 §15; renumbered 270.165 in 1991]

 

      273.640 [Amended by 1967 c.421 §30; renumbered 273.145]

 

      273.645 [1971 c.615 §5; 1981 c.787 §50; 1989 c.171 §36; repealed by 1991 c.816 §24]

 

      273.650 [Repealed by 1967 c.148 §5]

 

      273.655 [1971 c.615 §6; 1983 c.599 §6; 1985 c.565 §42; 1987 c.879 §10; 1991 c.816 §12; renumbered 270.120 in 1991]

 

      273.660 [Amended by 1967 c.421 §67; renumbered 273.326]

 

      273.665 [1971 c.615 §7; 1981 c.787 §51; repealed by 1991 c.816 §24]

 

      273.670 [Amended by 1967 c.421 §68; renumbered 273.331]

 

      273.675 [1971 c.615 §8; 1981 c.787 §57; 1983 c.660 §2; 1991 c.816 §13; renumbered 270.180 in 1991]

 

      273.680 [Amended by 1967 c.421 §71; renumbered 273.340]

 

      273.685 [1971 c.615 §9; 1981 c.787 §52; repealed by 1991 c.816 §24]

 

      273.690 [Amended by 1967 c.421 §72; renumbered 273.345]

 

      273.695 [1971 c.615 §10; 1991 c.816 §16; renumbered 270.155 in 1991]

 

      273.700 [Amended by 1967 c.148 §3; renumbered 273.316]

 

      273.705 [Formerly 273.250; 1977 c.397 §1; 1983 c.620 §13; 1985 c.198 §3; 1989 c.200 §2; renumbered 390.235 in 1989]

 

      273.710 [Amended by 1967 c.421 §9; renumbered 273.055]

 

      273.711 [Formerly 273.260; 1977 c.397 §2; renumbered 390.237 in 1989]

 

REMOVAL OF VALUABLE MATERIALS

 

      273.715 Rules for removal of semiprecious stones and petrified wood from state lands; fees; removal contrary to rules. (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]

 

      273.718 [1973 c.642 §7; repealed by 1999 c.284 §1]

 

      273.720 [Amended by 1967 c.421 §14; renumbered 273.075]

 

      273.722 [1973 c.642 §8; repealed by 1999 c.284 §1]

 

      273.728 [1973 c.642 §9; repealed by 1999 c.284 §1]

 

      273.730 [Amended by 1967 c.421 §77; renumbered 273.511]

 

      273.733 [1973 c.642 §10; repealed by 1999 c.284 §1]

 

      273.737 [1973 c.642 §11; repealed by 1999 c.284 §1]

 

      273.740 [Amended by 1967 c.421 §31; renumbered 273.151]

 

      273.742 [1973 c.642 §12; 1987 c.350 §1; repealed by 1999 c.284 §1]

 

      273.750 [Amended by 1967 c.421 §32; renumbered 273.155]

 

RIGHTS OF WAY

 

      273.751 State land grants to railroads. 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]

 

      273.755 Filing maps of railroad location and depot sites; department’s duties. (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]

 

      273.760 [Repealed by 1967 c.421 §206]

 

      273.761 Right of way for water ditches and pipes. (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]

 

      273.765 Liability for costs of relocation or extension of mains and outfalls. 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]

 

      273.770 [Repealed by 1967 c.421 §206]

 

MINERAL AND GEOTHERMAL RESOURCE RIGHTS

 

      273.775 Definitions for ORS 273.775 to 273.790. (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]

 

      273.780 Retention of mineral and geothermal resource rights by state; exploration permit or lease; sale or exchange. (1) Mineral and geothermal resource rights in real 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 and 273.787, 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) Except as provided in ORS 273.787, 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. [1974 c.51 §2; 1975 c.552 §40; 2005 c.60 §2; 2013 c.256 §1]

 

      273.785 Application of ORS 273.551 and 273.775 to 273.790; rules. 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 public university or office, 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.

      (8) Mineral or geothermal resource rights or proceeds from those rights acquired and held by the Housing and Community Services Department. [1974 c.51 §4; 1991 c.467 §1; 2001 c.453 §1; 2003 c.676 §1; 2005 c.60 §1; 2005 c.625 §63; 2011 c.637 §84; 2013 c.167 §2]

 

      273.787 Release and transfer of mineral or geothermal resource rights; reservation by state; rules; fee. (1) As used in this section:

      (a) “Low-potential resource real property” means real property that 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.

      (b) “Owner” means:

      (A) The record holder of fee title interest in low-potential resource real property; or

      (B) The contract purchaser of low-potential resource real property.

      (2) The Department of State Lands is declared to be the state agency acting for the state in any transaction respecting mineral and geothermal resource rights in low-potential resource real property.

      (3) The department may not reserve mineral and geothermal resource rights in low-potential resource real property sold or exchanged by the state, unless the department determines that a significant mineral or geothermal resource exists in the low-potential resource real property.

      (4)(a) An owner may apply at any time to the department for the release and transfer of mineral and geothermal resource rights in low-potential resource real property that were reserved by the state before June 4, 2013.

      (b) Upon application by the owner under this subsection, the department shall release and transfer to the owner the reserved rights to mineral and geothermal resources in low-potential resource real property within 60 days after the department receives the completed application, unless the department determines that a significant mineral or geothermal resource exists in the low-potential resource real property.

      (5) The department 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 department under this section.

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

      (7) The department may adopt rules to implement this section. [2003 c.676 §3; 2013 c.256 §2]

 

      273.790 Registry of rights under state board. 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

 

      273.805 Definitions for and purpose of ORS 273.805 to 273.825. (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]

 

      273.810 [1963 c.517 §2; repealed by 1967 c.421 §206]

 

      273.815 Department’s powers; terms of grazing lease; termination. (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]

 

      273.820 Exchange of lands. 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]

 

      273.825 Purchase of lands by lessee or other person. (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

 

      273.850 State title to certain lands and improvements transferred to Clatsop County; lands not subject to board jurisdiction. (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]

 

      273.855 Clatsop County to transfer title to lands and improvements to certain possessors; fee on execution of deed. (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]

 

      273.860 Filing fee; use of fees; additional fee to cover costs of investigation. 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]

 

      273.865 Application for deed; investigation; deadline on application. (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]

 

      273.870 Notice of deed application; protest; hearing; dual applications. (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]

 

      273.875 Findings of board; notice; rehearing procedure. 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]

 

      273.880 Judicial review procedure. (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]

 

      273.885 State prohibited from questioning certain titles. 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]

 

      273.890 Application of ORS 273.850 to 273.890 to certain lands; tax refunds prohibited. (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

 

      273.900 Confirmation of title to tide lands and tide flats. 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]

 

      273.902 Confirmation of title to swamp and overflow lands; deed to claimant. (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]

 

      273.903 Title of certain swamp lands not to be questioned by department; prohibition against sale of certain swamp lands. 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]

 

      273.905 Confirmation of state land deeds prior to 1891. 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]

 

      273.910 Confirmation of title to state lands purchased before 1918. 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]

 

      273.915 Release of claims under pre-1947 deeds reserving right of way. 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]

 

      273.920 Validation of mineral leases executed and delivered before August 9, 1961. 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

 

      273.990 Criminal penalties. Violation of ORS 273.231 is a misdemeanor. [1967 c.421 §93; 1969 c.594 §30; 1977 c.397 §3; 1983 c.620 §14; 1995 c.543 §8]

 

      273.992 Civil penalties. (1) A person who violates any provision of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections is subject to a civil penalty in an amount to be determined by the Director of the Department of State Lands of not more than $1,000 per day of violation.

      (2) Civil penalties under this section shall be imposed in the manner provided in ORS 183.745.

      (3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.

      (4) Any civil penalty recovered under this section shall be deposited in the Common School Fund and made available for expenses of the Department of State Lands and as otherwise provided by law. [2009 c.341 §2]

 

      273.994 Schedule of civil penalties; rules; considerations in imposing penalty. (1) The Director of the Department of State Lands shall adopt by rule a schedule establishing the amount of civil penalty that may be imposed for a particular violation of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections.

      (2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:

      (a) The past history of the person incurring the penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation;

      (b) Any prior violations by the person of statutes, rules, orders or authorizations pertaining to the use of state land;

      (c) The immediacy and extent to which the violation threatens the public health or safety or the assets of the Common School Fund; and

      (d) Any other factors determined by the director to be relevant and consistent with the policies established to implement the provisions of ORS 273.225, 273.231, 273.551, 273.715, 273.780 or 273.815 or any rule adopted under ORS 273.045 related to those sections.

      (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the protection of the public health and safety and the protection of the assets of the Common School Fund. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [2009 c.341 §3]

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