Or. Admin. Code § 141-110-0005

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-110-0005 - Definitions

(1) "Animal Gain" is the number of pounds gained by an animal over a specific period while grazing.

(2) "Animal Unit" or "AU" is one mature cow of approximately 1,000 pounds and a calf up to weaning, usually 6 months of age, or their equivalent as determined by the Department. For example: one yearling is 0.7 of an animal unit; one bull is 1.35 of an animal unit; one dry cow is 0.92 of an animal unit; one horse is 1.25 of an animal unit, or one sheep is 0.20 of an animal unit.

(3) "Animal Unit Month" or "AUM" is the amount of forage (approximately 800 pounds of air-dried material) necessary to feed one animal unit for one month.

(4) "Annual Operating Plan" or "AOP" is a plan developed every year by the Department following consultation by Department staff with a lessee to guide the grazing of livestock on a particular leasehold for a grazing year to meet the objectives outlined in an approved Leasehold Management Plan ("LMP").

(5) "Applicant" is any person applying for a livestock forage grazing lease or a livestock trailing permit who meets the following qualifications:

(a) Be a "person" as defined in these rules and if an individual, be at least 18 years old; and

(b) Be able to demonstrate the ability to fully meet all terms and conditions of the lease, including all provisions of an approved LMP applicable to the lease.

(6) "Asset Management Plan" or "AMP" is the plan adopted by the State Land Board that provides the policy direction and management principles to guide both the short- and long-term management by the Department of State Lands of the Common School Fund's real estate assets.

(7) "Carrying Capacity" is the number of AUMs the Department determines can be obtained from a specific pasture or leasehold for a specific period of time without compromising the long-term sustainability of the forage resource or watershed, or adversely affecting ecosystem health or grazing animal response.

(8) "Compensation" or "Compensatory Payment" is the amount of money paid for a lease or permit to the Department for the use of Department-managed land for grazing.

(9) "Common School Grazing Lands" as defined in ORS 273.805, are Trust Lands and Non-Trust Lands owned by the State of Oregon 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; and

(b) Lands that have escheated to the state.

(10) "Department" means the Oregon Department of State Lands.

(11) "Director" means the Director of the Oregon Department of State Lands or designee.

(12) "Ecosystem Health" is the degree to which the integrity of the soil, vegetation, water and air, as well as the ecological processes of rangeland ecosystems, are balanced and sustained.

(13) "Grazing Schedule" is a planned sequence of grazing or resting designed for a particular leasehold.

(14) "Hazardous or Waste Material" means items that may pose a danger to the public, wildlife or its habitat, or which do not enhance the usefulness or value of a leasehold including, but not limited to, waste or scrap items used in construction, hazardous substances (as defined in 42 USC 9601(14), chemicals and insecticides, garbage or other debris, and non-working motor vehicles and other mechanical equipment.

(15) "Improvement" is any structural project or non-structural activity undertaken by either the Department or a lessee that typically benefits the use or condition of a leasehold. An improvement may either be structural in nature (for example, the placement or construction of fencing, buildings, ponds, pipelines, watering troughs, power lines, etc.), or consist of nonstructural activities or treatments to improve the land (for example, seeding or brush control).

(16) "Lease" for the purposes of these rules, is a valid enforceable contract executed by the Department and signed by the lease applicant (called lessee) allowing the use of a specific area of state land for livestock grazing under terms and conditions specified in the lease contract and these rules.

(17) "Leasehold" is a particular area of rangeland subject to a lease.

(18) "Leasehold Management Plan" or "LMP" is a multi-year plan to guide the livestock grazing activities on a specific leasehold in relationship to other uses and resources, such as recreation uses, cultural resources, watershed resources, vegetation resources, and fish and wildlife habitat.

(19) "Lessee" refers to any person having a valid rangeland forage lease issued by the Department.

(20) "Livestock" are domestic animals used for the production of goods and services.

(21) "Livestock Trailing" means the moving of livestock across state-owned land that is not leased to the person owning or moving the livestock.

(22) "Marketable Calf Crop" means the estimated number of marketable beef calves available for sale over a one-year period expressed as a percent of stock cow herd.

(23) "Non-Trust Land" is state land managed by the Department other than Trust Land. Examples of Non-Trust Land include state-owned Swamp Land Act Land, and submerged and submersible land (land below ordinary high water) under navigable waterways.

(24) "Pasture" is a specific area of rangeland, usually enclosed and separated from other areas by a fence, or isolated by some physical feature. A leasehold may contain numerous pastures.

(25) "Person" includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies as well as any state or other governmental or political subdivision or agency, public corporation, public authority, or Indian Tribe.

(26) "Specific Area Management Plan" or "SAMP" means a plan to carry out the goals and strategies of the Asset Management Plan for land tracts or parcels usually related by geography or use.

(27) "State Land" is land owned and managed by the Department and includes Trust Land and Non-Trust Land.

(28) "State Share" is the percent of net livestock weight gain designated to the Department for the use of rangeland forage.

(29) "Sublease" is an agreement between the lessee and another party for the use of the lessee's leasehold for the same purposes of the lease.

(30) "Trailing Permit" is an authorization granted by the Department to a person allowing them to move livestock across state-owned land for which they do not have a lease.

(31) "Trust Land" is state land granted to the state upon its admission into the Union, or obtained by the state as a result of an exchange of Trust Land, or obtained in lieu of originally granted Trust Land, or purchased with trust funds, or obtained through foreclosure of loans using trust funds. Common School Grazing Lands are Trust Lands.

Or. Admin. Code § 141-110-0005

LB 4-1994, f. & cert. ef. 8-2-94; LB 3-1995, f. & cert. ef. 10-13-95; DSL 1-1999, f. & cert. ef. 3-2-99; Renumbered from 141-110-0020, DSL 7-2009, f. & cert. ef. 10-20-09

Stat. Auth.: ORS 273.045 & 273.051

Stats. Implemented: ORS 273.805, 273.815 & 273.825