2017 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 that state agencies acquire or use for the purpose of constructing or repairing roads or other state facilities, or the proceeds from soil, clay, stone, sand or gravel.

(2) Mineral or geothermal resource rights or the proceeds from mineral or geothermal resource rights that the State Fish and Wildlife Commission acquires in 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 the proceeds from mineral or geothermal resource rights if federal rules or regulations or any agreement that the state enters into at the time the state acquires the mineral or geothermal resource rights requires another disposition.

(4) Proceeds of mineral and geothermal resource rights that the state acquires pursuant to ORS 530.010 (State Board of Forestry authorized to acquire lands) and 530.030 (Conveyance of county lands to state), other than mineral and geothermal resource rights 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 the proceeds from mineral or geothermal resource rights that the Department of Veterans’ Affairs acquires for the state after January 1, 1974, under 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 the departments concerning mineral and geothermal resource values on properties the Department of Veterans’ Affairs acquires for the state. The Department of Veterans’ Affairs shall adopt rules relating to the release of mineral and geothermal rights on the acquired properties.

(6) Mineral or geothermal resource rights or the proceeds from mineral or geothermal resource rights that a donor gives to any public university or office, department or activity under the control of the governing board of a public university listed in ORS 352.002 (Public universities) that the public university acquires or holds for the state under ORS chapters 351 and 567. In managing mineral or geothermal resource leases, the governing board shall consult with the Department of State Lands in accordance with an interagency agreement that the department and the governing board establish to govern consultation between the department and the public university and to govern management of the mineral or geothermal resources.

(7) Mineral or geothermal resource rights or proceeds from mineral or geothermal resource rights that the Department of Transportation acquires and holds. 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 the proceeds from mineral or geothermal resource rights that the Housing and Community Services Department acquires and holds.

(9) Mineral or geothermal resource rights or the proceeds from mineral or geothermal resource rights that the Oregon Health Authority or the Department of Human Services acquires and holds. [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; 2015 c.285 §2; 2015 c.767 §§76,230,231]

Note: All sections of ORS chapter 351 were repealed or renumbered in 2014 or 2015. The text of 273.785 (Application of ORS 273.551 and 273.775 to 273.790) was not amended by enactment of the Legislative Assembly to reflect the repeal or renumbering. Editorial adjustment of 273.785 (Application of ORS 273.551 and 273.775 to 273.790) for the repeal or renumbering of all sections of ORS chapter 351 has not been made.

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/­ors273.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 273, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano273.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.