Or. Admin. Code § 141-110-0060

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

Section 141-110-0060 - General Lease Terms and Conditions

(1) A forage lease grants a lessee the right to use a leasehold for livestock grazing purposes in accordance with the lease terms and conditions; applicable local, state and federal laws; an approved LMP or SAMP, if applicable; and these rules.

(2) The Department or its authorized representative(s) may enter upon any leasehold at any reasonable time to make any necessary examinations or investigations, or to conduct noxious weed or pest abatement, or for wildfire control.

(3) Each forage lessee must maintain and make available to the Department upon request all records and accounts related to the leasehold. These records shall accurately reflect the period of time each leasehold was used.

(4) A forage lessee shall obtain prior written authorization from the Department before using, placing, or storing, or allowing another person to use, place or store any hazardous, waste or other material on the leasehold. Additionally, a forage lessee, when authorized by the Department to use a pesticide, chemical or insecticide must only do so in strict compliance with all laws and manufacturer's instructions and shall take all necessary precautions to protect the leasehold and its soil and vegetation. The lessee shall keep and maintain accurate and complete records of the amount of such materials stored or used on the leasehold and shall immediately notify the Department of any potential risk to the leasehold.

(5) The lessee must cooperate and comply with:

(a) Appropriate county agencies and the Oregon Department of Agriculture in the detection, prevention and control of noxious weeds;

(b) The Oregon Department of Agriculture and the Department in the management of plant pests and diseases; and

(c) The Department and other agencies in the detection, prevention and control of wildfires on a leasehold.

(6) State lands leased for grazing purposes must be open and available to the public for recreational uses unless closed by the state to public entry pursuant to applicable Oregon Administrative Rules. A lessee may request that the state close all or portions of the state land to public entry or restrict their recreational uses by the public in order to protect crops, other land cover, improvements on the land, livestock, the lessee or the general public. Public use must be compatible with the lease purpose and shall not interfere with lessee operations.

Or. Admin. Code § 141-110-0060

LB 4-1994, f. & cert. ef. 8-2-94; LB 3-1995, f. & cert. ef. 10-13-95; LB 8-1996, f. & cert. ef. 12-13-96; 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