Or. Admin. Code § 141-073-0115

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-073-0115 - Mineral Right Release, Sale and Exchange Application Process

(1) State agencies that want to release, sell or exchange mineral rights shall notify the Department in writing of the details of the proposed release, sale or exchange at least sixty days prior the date of the proposed transaction. This notification shall include:

(a) The legal description of the subject mineral rights to be conveyed as contained in the deed;

(b) A legal description of the property limits on which the subject mineral rights occur;

(c) A tax lot map on which the boundaries of the subject property and mineral rights are identified;

(d) A map showing the location of the subject property and mineral rights relative to urban growth boundaries;

(e) The zoning of the land on which the mineral right is located;

(f) Any appraisals that have been conducted of the property, particularly those that address the value of the subject mineral rights;

(g) Any geologic reports, mineral and geothermal resource evaluations, appraisals, and other relevant information concerning the subject mineral rights held by the agency requesting the release, sale or exchange of the mineral rights;

(h) The reason(s) the agency wants to release, sell or exchange the mineral rights;

(i) The name, address, and telephone number of the person who wants to acquire the subject state-owned mineral rights;

(j) The consideration being offered by the person requesting the release, sale or exchange of the state-owned mineral rights; and

(k) Documentation that the agency requesting the release, sale or exchange has completed the Department of Administrative Services' surplus property process (OAR 125-045).

(2) Upon receipt of the written notification, the Department will review it for completeness. If the notification is determined by the Department to be incomplete, the Department will contact the agency to advise it of what additional information is required.

(3) If the notification is determined by the Department to be complete, the Department shall process it in accordance with the procedures provided in OAR 141-073-0118 and 141-073-0119.

(4) The Department may, at its discretion, use any geologic reports or mineral and geothermal resource evaluations and appraisals provided by an agency requesting the release, sale or exchange of mineral rights instead of retaining a mineral resource consultant as provided in OAR 141-073-0118 through 141-073-0119.

Or. Admin. Code § 141-073-0115

LB 23, f. 4-18-75, ef. 5-11-75; DSL 1-2005, f. 2-11-05, cert. ef. 2-28-05

Stat. Auth.: ORS 273.045, 273.551 & 273.775 - 273.790

Stats. Implemented: ORS 273.780 - 273.790