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DEPARTMENT OF STATE LANDS

 

DIVISION 110

MANAGEMENT AND LEASING OF RANGELAND FORAGE

141-110-0000

Applicability

(1) These rules:

(a) Apply to the management of state land for the grazing of livestock; and

(b) Establish a process for authorizing grazing of livestock through the granting of leases and trailing permits.

(2) These rules do not apply to:

(a) The granting of proprietary authorizations for other, non-grazing-related rangeland such as wind farms, quarries, power lines, or roads that are specifically governed by other Department administrative rules; or

(b) Existing valid leases granted prior to the adoption of these rules.

Stat. Auth.: ORS 274.045, 273.051 & 273.805 - 273.825
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: LB 4-1994, f. & cert. ef. 8-2-94; DSL 1-1999, f. & cert. ef. 3-2-99; DSL 7-2009, f. & cert. ef. 10-20-09

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.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

141-110-0010

Policies

The following policies will guide the Department in managing state land for grazing including those lands referred to as Common School Grazing Lands for livestock use under these rules:

(1) All Trust Land will be managed in accordance with the need to maximize long-term financial benefit to the Common School Fund.

(2) All Trust and Non-Trust Land will be managed with the objective of obtaining the greatest benefit for the people of this state consistent with the conservation of this resource under sound techniques of land management.

(3) The Department will honor the terms and conditions of any existing valid forage lease including any that entitle the lessee to compensation or renewal.

(4) The Department will manage state lands used for livestock grazing to prevent human-induced loss of ecosystem health. Toward this end, the Department will assist in implementing leasehold improvements and practices that maintain, achieve or restore healthy, properly functioning ecosystems and maintain, restore, or enhance water quality.

(5) The Department will, to the best of its ability, monitor and assess ecosystem health. The Department may use assessments and routine monitoring as the basis for management decisions.

(6) The Department may authorize other, non-forage-related uses for a leasehold, even if the leasehold is already subject to a forage lease, pursuant to these regulations and the terms and provisions of the forage lease.

(7) The Department will manage all lands leased for livestock grazing or permitted for livestock trailing in accordance with the applicable land classification as guided by the AMP and any applicable SAMP or LMP.

(8) The Department may, at its discretion, deny a lease application or lease renewal to use state-owned land if the applicant’s financial status or past business or management practices indicate that they may not:

(a) Be able to fully meet the terms and conditions of a lease or other form of authorization offered by the Department; or

(b) Use the land applied for in a way that is consistent with the policies of OAR 141-110-0010, listed above.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

141-110-0020 [Renumbered to 141-110-0005]

141-110-0035

Application Requirements

(1) All persons applying to lease rangeland forage, or renew an expiring lease having a renewal provision must:

(a) Apply to the Department using a form provided by the Department. One application form shall be submitted for each leasehold for which a lease is requested;

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

(c) Provide copies of the relevant corporate or partnership organizing documents; and

(d) Provide documentation of brand certification.

(2) The Department reserves the right to deny an application if the Department determines that issuance or renewal of a lease is contrary to local, state, or federal law, or to these rules; or is inconsistent with the fiduciary responsibilities of the Department; or will not result in the greatest public benefit consistent with the conservation of the resource under sound techniques of land management; or if the land is reclassified to a land classification other than rangeland.

Stat. Auth.: ORS 273.045 & ORS 273.051
Stats. Implemented: ORS 273.805, ORS 273.815 & ORS 273.825
Hist.: 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 141-110-0050, DSL 7-2009, f. & cert. ef. 10-20-09

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.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

141-110-0045

Application Fees

(1) Each application for a forage lease (including renewals) must be accompanied by a non-refundable fee payable to the Department in the amount of $250.

(2) An application for the Department’s approval of a sublease or assignment of a forage lease must be accompanied by a non-refundable application fee of $250 payable to the Department.

(3) An application for a livestock-trailing permit must be accompanied by a non-refundable application fee of $50.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: DSL 7-2009, f. & cert. ef. 10-20-09

141-110-0050 [Renumbered to 141-110-0035]

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.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

141-110-0080

Compensation

(1) The annual compensation for livestock forage is the greatest of:

(a) $250;

(b) $4.25 per AUM; or

(c) The carrying capacity of the leasehold in AUMs multiplied by the annual AUM rate (expressed in dollars per AUM). The Department will establish the carrying capacity for each leasehold, which will be periodically reviewed. For those leaseholds that have highly variable annual forage production, their carrying capacity may be determined based on reliable actual grazing use records for a given year. As a result, the annual rental rate may vary from year to year for such leaseholds.

(2) Each year the Department will calculate the annual AUM compensation rate using the following formula:

AUM Compensation Rate = G x CC x S x P

G = Animal gain per month

CC = Marketable calf crop

S = State share

P = Average weighted calf price

(3) For the purpose of determining the base AUM compensation rate, the following formula factors shall be used:

(a) Pounds of gain per animal unit month (G) shall be fixed at 30 pounds through 2009, increasing on January 1, 2010 to 35 pounds.

(b) Marketable calf crop (CC) shall be fixed at 80 percent.

(c) State share of calf gain (S) shall be fixed at 20 percent through 2010, increasing on January 1, 2011 to 22.5 percent, then increasing on January 1, 2012 to 25 percent.

(d) Average weighted calf price (P) shall be based on 90% of the USDA National price data indicating the average sales price of calves for the preceding one year period based on an October through September year.

(4) The compensation due to the Department for a livestock trailing permit will be based on the total number of animals crossing the state land in a single “round trip” per year as follows:

(a) For 500 animal units or less the required compensation is $150;

(b) For 501 to 999 animal units the required compensation is $250; and

(c) For 1,000 or more animal units the required compensation is $350.

(5) In addition to any other remedies available, the Department will impose the legal rate of interest and any applicable late fees on unpaid balances owed the Department pursuant to ORS 82.010.

(6) Unless otherwise authorized by the Department, annual compensation due must be paid to the Department each year within 30 calendar days of the date of the Department’s billing notice.

Stat. Auth.: ORS 274.045, 273.051 & 273.805 - 273.825
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: LB 4-1994, f. & cert. ef. 8-2-94; DSL 1-1999, f. & cert. ef. 3-2-99; DSL 7-2009, f. & cert. ef. 10-20-09; DSL 5-2011, f. & cert. ef. 12-13-11

141-110-0085

Lease Renewals

(1) At least 180 calendar days prior to the current lease expiration date, the Department will send the lessee of record a notice by certified mail indicating the date of expiration along with a lease renewal application form. The lease renewal application form must be received by the Department not less than 90 calendar days prior to the expiration of the lease.

(2) The Department may review the lands incorporated in the leasehold prior to expiration of the lease to determine their continued suitability for grazing.

(3) Upon receipt of a completed lease renewal application form, the lease will be renewed for a term of up to 10 calendar years unless:

(a) Otherwise specified in the applicable forage lease;

(b) The land has been reclassified according to the Asset Management Plan to a land classification other than rangelands;

(c) The lessee has not complied with the terms of the lease, related statutes, these rules, or any applicable LMP and amendments thereto; or

(d) The Department determines that the renewal of the lease for all or portions of the leasehold is contrary to local, state, or federal law; or inconsistent with the Land Board's fiduciary responsibilities; or will not result in the greatest public benefit, consistent with the conservation of the resource under sound techniques of land management as required by Article VIII, Section 5, of the Oregon Constitution.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: DSL 7-2009, f. & cert. ef. 10-20-09

141-110-0100

Leasehold Management Plan (LMP)

(1) A leasehold management plan consists, at a minimum, of the following:

(a) Identification of the leasehold area;

(b) Identification of the presence and condition of the natural (for example, wildlife or water), recreational, cultural and historic resources within the leasehold affected by the lease;

(c) Identification of existing leasehold improvements;

(d) Identification of condition of the leasehold’s forage resources;

(e) Determination of the carrying capacity (in AUMs) and forage production capabilities;

(f) Identification of leasehold management issues and concerns as they relate to livestock grazing;

(g) Establishment of leasehold management objectives and monitoring methods;

(h) Establishment of leasehold management schedules including but not limited to grazing use or review of annual operating plans (AOPs); and

(i) Identification of new treatments or improvements designed to achieve leasehold management objectives.

(2) LMPs will be developed by the Department in consultation with the lessee, other affected landowners, and applicable local, state, and federal agencies, tribal interests, and any interested persons.

(3) The Department will prepare a written LMP for each leasehold unless it is determined by the Department that doing so would be inefficient or uneconomical. All LMPs will be periodically reviewed and revised.

(4) The Department will send a notice of the availability of a draft LMP to:

(a) Persons indicating an interest in the leasehold;

(b) Affected state or federal agencies, and tribal interests; and

(c) Affected local governments.

(5) Recipients of the notice of availability of the draft LMP shall have 30 calendar days from the date of the notice to submit comments to the Department.

(6) Upon receipt of comments the Department will:

(a) Review the comments;

(b) Revise the draft LMP as applicable;

(c) Inform interested persons of significant revisions to the LMP; and

(d) Issue the LMP.

(7) Provided that they substantially conform to the provisions of OAR 141-110-0100, the Department will accept any one of the following in lieu of an LMP:

(a) An Allotment Management Plan approved by the Bureau of Land Management or the U.S. Forest Service; or

(b) A coordinated Resource Management Plan previously developed by the Department.

(8) The Department will periodically review each LMP to:

(a) Determine the lessee's compliance with the LMP;

(b) Assess the effectiveness of the LMP; and

(c) Decide if the LMP needs to be revised to reflect changes in use, ecosystem health, or other factors.

(9) The Department reserves the right to modify the LMP as necessary after prior consultation with the lessee.

(10) The Department may, after consultation with the lessee, make periodic changes in the carrying capacity of a leasehold due to seasonal climatic or adverse conditions without public notification as required in OAR 141-110-0100.

(11) The LMP, to the extent allowable under the Asset Management Plan and the Department’s SAMP, will be consistent with local, state and federal laws and rules, and approved state or federal coordinated resource plans or watershed management plans or strategies.

(12) Any person may request that the Department review or revise an LMP if plan objectives are not being met. Such a request shall be in writing and state the reason(s) why, or present evidence indicating that a review or revision is necessary.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

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.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

141-110-0120

Improvements by Lessee

(1) No improvement may be constructed or placed upon leased land unless the lessee has obtained the prior written authorization of the Department.

(2) The Department will consider the following factors before deciding whether to authorize a proposed improvement on a leasehold:

(a) Need for the proposed improvement;

(b) Benefits of the proposed improvement;

(c) Impacts of the proposed improvement on the leasehold, fish and wildlife habitat, recreational resources, historical resources and cultural resources; and

(d) Whether the proposed improvement is permitted by the local jurisdiction's acknowledged comprehensive plan and land use regulations.

(3) All improvements must be maintained by the lessee in good working order as appropriate to the type of improvement.

(4) The lessee must take all reasonable and prudent efforts to ensure that an improvement does not pose a danger to public safety.

(5) All improvements to the leasehold become the property of the Department.

(6) If water permits or rights are required for the proposed improvement, such permits or rights are to be applied for and issued in the name of the Department in accordance with applicable statutes governing the appropriation and use of water.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

141-110-0135

Livestock Trailing

(1) Livestock trailing by any person other than the forage lessee operating within their leasehold requires a livestock trailing permit.

(2) Any person applying for a livestock trailing permit must do so in writing on a form provided by the Department and include the application fee as provided in OAR 141-110-0045(3).

(3) The application must be received (unless otherwise agreed to by the Department) at least 30 calendar days prior to the intended livestock trailing.

(4) Upon receipt of a completed application the Department will determine whether or not to issue the livestock trailing permit.

(5) The Department may issue, deny, or issue with conditions the livestock trailing permit only after a determination that the applicant has shown that the proposed livestock trailing will not:

(a) Substantially interfere with the activities of the forage lessee or any other authorized uses of the area subject to the livestock trailing;

(b) Substantially impact fish, wildlife, recreational, cultural or other resources; or

(c) Pose a public safety hazard.

(6) A livestock trailing permit will be issued for a specific time period and with specific terms, including compensation and conditions. The livestock trailing permit is not renewable.

(7) Compensation due to the Department for a livestock trailing permit will be based on the total number of animals crossing the state land in a single “round trip” per year as provided in OAR 141-110-0080(4).

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: DSL 7-2009, f. & cert. ef. 10-20-09

141-110-0145

Livestock Trespass

(1) Any unauthorized livestock found on state land will be considered in trespass.

(2) The Department will identify and notify the owner of all livestock found in trespass.

(3) The Department may pursue all appropriate legal remedies to assure that the Department is fairly compensated by the livestock owner for the impacts (including resource damages) of the trespassing livestock and that future trespass is deterred.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: DSL 7-2009, f. & cert. ef. 10-20-09

141-110-0150

Appeals

An applicant for an authorization or any other person adversely affected by a decision of the Department concerning an authorization, closure or restriction to the use of state-owned lands may appeal the decision to the Director.

(1) Such an appeal must be received by the Director no later than 30 calendar days after the date of delivery of the decision.

(2) The Director will decide the appeal within 60 calendar days after the date of delivery of the appeal.

(3) The Director may affirm the decision, issue a new or modified decision, or request the appellant to submit additional information to support the appeal.

(4) If the appeal is regarding a decision made by the Land Board, the Director may recommend to the Land Board either that the authorization issuance or denial be affirmed based on the merits of the request, or that the Land Board authorize initiation of a contested case proceeding.

Stat. Auth.: ORS 273.045 & 273.051
Stats. Implemented: ORS 273.805, 273.815 & 273.825
Hist.: 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

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