2007 ORS 273.785¹
Application of ORS 273.551 and 273.775 to 273.790
  • rules

ORS 273.551 (Mining and drilling leases on state lands) and 273.775 (Definitions for ORS 273.775 to 273.790) to 273.790 (Registry of rights under state board) 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 (State Board of Forestry authorized to acquire lands) and 530.030 (Conveyance of county lands to state), other than those distributed under ORS 530.110 (Distribution of revenues from lands acquired under ORS 530.010 to 530.040) (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 (Acquisition, administration and disposal by state of property subject to lien held by state), 406.050 (Additional powers and duties of director or department) (2), 407.135 (Authority of department) or 407.145 (Purchase and control of property). After consultation, the Department of State Lands and the Department of Veterans’ Affairs shall enter into an interagency agreement governing consultation between them concerning mineral and geothermal resource values on properties acquired for the state by the Department of Veterans’ Affairs. The Department of Veterans’ Affairs shall adopt rules relating to the release of mineral and geothermal rights on such properties.

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

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

Atty. Gen. Opinions

Reserva­tion of surface mining rights in state lands, (1975) Vol 37, p 37; "proceeds" as net proceeds after Division of State Lands recovers administrative costs of sale, (1980) Vol 40, p 476

Chapter 273

Atty. Gen. Opinions

Require­ments of competitive bidding on prop­erty valued over $1,000, (1975) Vol 37, p 773; authority of State Land Board to enter into nonprofit wa­ter supply corpora­tion, (1978) Vol 38, p 2199

Law Review Cita­tions

4 EL 343, 344 (1984)

1 Legislative Counsel Committee, CHAPTER 273—State Lands Generally, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­273.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 273, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­273ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.