Or. Admin. Code § 141-110-0110

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

Section 141-110-0110 - Subleases and Assignment of Leases

(1) Any lessee wanting to sublease or assign a lease to another person must:

(a) Apply to the Department for prior written authorization on a form provided by the Department; and

(b) Submit a non-refundable application fee as provided for in OAR 141-110-0045(2).

(2) Subleases shall not be approved for more than 5 calendar years and are not to be renewed or assigned.

(3) All such requests must be received by the Department at least 30 calendar days prior to the requested date of transfer.

(4) No sublease or assignment shall occur without the prior written approval of the Department. The Department may condition its approval of any sublease or assignment.

(5) Under an approved sublease, in addition to the annual compensation required under a lease, the lessee must pay to the Department an additional amount equal to 50 percent of the annual lease rental payment for those AUMs approved in the sublease agreement.

(6) The Department will terminate the lease of any lessee who subleases or assigns any part or all of their leasehold to another person without the prior written approval of the Department.

(7) A lessee entering into a sublease approved by the Department will continue to be bound by all terms and conditions of their lease, including the requirements of the LMP.

(8) Assignments, if approved by the Department will be no longer than the remaining unexpired term of the lease. An assignee of a rangeland lease shall be bound by the existing lease and, if applicable, the LMP.

(9) Assignees must meet all applicable requirements as set forth in OAR 141-110-0035.

Or. Admin. Code § 141-110-0110

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