Or. Admin. Code § 141-110-0040

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

Section 141-110-0040 - Leasing Process for Vacant Rangelands

(1) Upon receipt of a fully completed application, the Department will determine in a timely manner if the applicant is eligible to lease, and if the requested state land is available for a forage lease.

(2) If the Department determines that:

(a) The applicant is ineligible to enter into a forage lease, the Department will notify the applicant in writing and state the reason for the ineligibility determination.

(b) The requested state land is not available for a forage lease, the Department will notify the applicant in writing and state the reason the state land is not available.

(3) If the applicant is eligible and the requested state land is available for a lease, the Department will issue a Notice of Leasehold Availability to solicit applications from interested persons. This notice will be published not less than once each week for two successive weeks in a newspaper of general circulation in the area in which the leasehold is located, and sent to adjacent property owners and to persons who request such notices including the original applicant.

(4) The Department will review and evaluate the applications received in response to the Notice of Leasehold Availability. This evaluation will determine which applicants, if any, are qualified to obtain a forage lease.

(5) If more than one application for a lease is received from qualified applicants, selection of the applicant to be awarded the lease will be determined by:

(a) Ownership or control of adjacent or intermingled land which will best enhance, or facilitate proper management of the leasehold parcel;

(b) Willingness of the applicant to execute the terms of the applicable LMP or SAMP or enter into cooperative agreements for needed maintenance and desired construction of new improvements to enhance overall management of the leasehold parcel; and

(c) Any additional factors the Department decides are pertinent in the selection process to a particular forage leasehold parcel including, but not limited to, any bonus bid offered by an applicant.

(6) Preference to obtain a new lease will be given to applicants who are current lessees in good standing with their existing lease and landowners engaged in the livestock business that seek to use state land for the grazing of livestock. For the purposes of this section, "landowner" means an individual or legal entity that is the owner of the land, 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.

Or. Admin. Code § 141-110-0040

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; 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