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Recently Adopted Rules

Description
DSL conducted rulemaking allowing the Oregon Ocean Science Trust (OOST) to work with private, nonprofit organizations for fundraising purposes, resulting from SB 753 (2019) (ORS 196.570). Though the OOST is a separate entity from DSL, we provide administrative support to the seven-member Trust, which includes rulemaking activities.

DSL filed a temporary rule effective March 1, 2020, and initiated the permanent rulemaking process by holding two Rule Advisory Committee (RAC) meetings. The meetings, held on April 23 and May 8, 2020, gave the RAC the opportunity to provide input on the permanent change.


DSL filed the Notice of Proposed Rulemaking with Secretary of State at the end of May, marking the beginning of the public comment period on June 1. One public hearing was held remotely on June 16, 2020, from 4:30-5:30 PM. The public comment period closed on July 1, 2020. 

The rule change was approved by the Oregon Ocean Science Trust at their July 10 meeting, and was filed permanent in July, effective August 15, 2020.


Status
Adopted
Document
Description

The South Slough National Estuarine Research Reserve (South Slough Reserve or Reserve) proposed a permanent rule change to allow commercial guiding companies to operate within the Reserve through a permitting process overseen by the South Slough National Estuarine Research Reserve’s Management Commission.

The restriction is designed to protect against unregulated use of the Reserve for commercial gain and establish permit requirements specifically designed to meet the management goals of the South Reserve:

1) Maintain the integrity of the estuary;

2) Protect the estuary from uses, both within ​and beyond its boundaries, that may alter or affect the ecosystem and its natural dynamic processes; and

3) Preserve the area for long-term scientific and educational uses.

Permitting commercial guides to offer these experiences, within the scope of the permit requirements, will expand education and outreach opportunities for the public while also protecting the Reserve’s ​​natural and cultural resources and fostering a sentiment of stewardship of public lands.

The South Slough Reserve held a Rule Advisory Committee (RAC) Meeting in August 2019.

Meeting Agenda

Meeting Summary​​

Meeting Packet​

RAC Roster

The public comment period closed on October 31, 2019.

A public hearing was held on Tuesday, October 29, 2019.​

Final Rule​

Status
Adopted
Document
Description
DSL amended these rules to differentiate between trust and non-trust easements. The State Land Board authorized DSL to initiate rulemaking on June 22, 2011. The purpose of this rulemaking effort was to:
  • Accommodate statutory (including HB 2460 , and rule changes (including the adoption of OAR 141-145 that have occurred in the past several years,
  • Update the general provisions section to reflect the current practices of DSL,
  • Complete rule language changes recommended by the Oregon Department of Justice,
  • Review and update the administrative procedures for reviewing and issuing easements, and
  • Review and update the compensation formulas for issuing easements.

DSL held 3 public hearings in August. DSL presented reccommendations to the State Land Board in December 2018 to finalize the rule.

Hearing locations were:

Public Hearing #1
Aug. 21, 2018
4 pm to 6 pm
Clarion Inn, Lewis and Clark Room
1249 Tapadera Ave., Ontario, Oregon​

Public Hearing #2
August 22, 2018
4 pm to 6 pm
Deschutes County Road Department
61150 SE 27th St., Bend, Oregon

Public Hearing #3
August 28, 2018
4 pm to 6 pm
Dept. of State Lands, Land Board Room
775 Summer Street NE, Salem, Oregon
Status
Adopted
Document
Description

The Oregon Department of State Lands (DSL) conducted rulemaking to create clear definitions and procedures to:

  1. Locate owners of U.S. Savings Bonds
  2. Se​ek court approval to cash in matured U.S. Savings Bonds after three years​
  3. Post the bond proceeds to the owner’s accounts, and

The rules addressed the following administrative actions:

  1. ​​Develop a strategy to locate the owners or their descendants and return their US Savings Bonds during a three-year period before escheatment.
    • Create a webpage where the public can learn about the project and search a listing of US Savings Bond owners with a convenient method to file a claim for the Savings bonds.​
    • Plan public outreach efforts designed to provide any interested parties the opportunity to search and recover US Savings Bonds.
    • Ensure the outreach strategy meets the due process requirements of escheatment.
  2. ​Develop an escheatment timeline and process with Marion County Courts.
  3. ​Work w​ith US Treasury to develop th​e process and paperwork needed to cash in matured escheated US Savings Bonds.
  4. ​Post the proceeds of escheated bonds to the owner’s account so petitions can be made against the funds.

DSL held three RAC Committee Meetings starting in January 2019. RAC Committee Meeting locations were:​​

RAC Committee Meeting #1
January 18, 2019
9 am to 12 pm
Land Board Room
775 Summer Street NE, Salem, Oregon
RAC Committee Meeting #2
February 8, 2019
9 am to 12 pm
Land Board Room
775 Summer Street NE, Salem, Oregon
RAC Committee Meeting #3
March 13, 2019
1 pm to 4 pm
Land Board Room
775 Summer Street NE, Salem, Oregon

RAC Roster​

One public hearing was held:
Tuesday, May 21 from 5 pm to 6:30 pm
Land Board Room
Department of State Lands
775 Summer Street NE
Salem, Oregon 97301

​Public Comment Period was May 1 to 5 PM, May 31, 2019.

Draft Rules:
Clean Copy (Changes accepted of the proposed language change.)
Division 30 proposed rules
Division 40 proposed rules​
Division 45 proposed rules​

Tracked Changes Copy (What was the rule and what is proposed to change.)
​Division 30 proposed rules with tracked changes​
Division 40 proposed rules with tracked changes
Division 45 proposed rules with tracked changes​

Combined Fiscal Impact Statement filed with SOS​




Status
Adopted
Document
Description
DSL conducted rulemaking to modify administration (OAR 141-045) and unclaimed property claims/finders (OAR 141-040) rules to include definitions and administrative procedures to ensure military medals and related ​militaria are safeguarded and returned to the service member, their descendants, or other appropriate custodians.

The rule change addressed the following administrative actions:
  1. Create a public webpage including photographs and information regarding the service member to make it easy for the service member or their descendants to seek and recover military medals and related militaria.
  2. Layout the specific requirements and methods to transfer medals and related militaria to designated custodians.
    • Qualified military veterans’ organizations
    • State or federal agency
    • The Oregon Military Museum​
  3. Define the investigation methods DSL will use to identify the service member who earned the medal.
  4. Create the claim requirements for the original box owner, a service member or their descendants to successful recover the medal and associated militaria.
  5. Create criteria on when any safekeeping fees owed a financial institution that reported the contents are reimbursable before recovery of the medal is allowed.​
​DSL held three RAC Committee Meetings starting in January 2019. RAC Committee Meeting locations were: 

​​RAC Committee Meeting #1 
January 17, 2019, 1 pm to 4 pm 
Land Board Room 
775 Summer Street NE, 
Salem, Oregon 

RAC Committee Meeting #2 
February 7, 2019 1 pm to 4 pm 
Land Board Room 
775 Summer Street NE, 
Salem, Oregon 
 
RAC Committee Meeting #3 
March 14, 2019 9 am to 12 pm 
Land Board Room 
775 Summer Street NE, 
Salem, Oregon 

RAC Roster​

One public hearing was held: 
Tuesday, May 21 from 5 pm to 6:30 pm 
Land Board Room 
Department of State Lands 
775 Summer Street NE Salem, Oregon 97301​ 

Public Comment Period was: May 1 to 5 PM, May 31, 2019.

Draft Rules:​ 

Clean Copy (Changes accepted of the proposed language change.)​ 

Tracked Changes Copy (What was the rule and what is proposed to change.) 
Status
Adopted
Document
Description

The Oregon Department of State Lands (DSL) conducted rulemaking to restrict the public recreational use of state-owned banks and islands on the Willamette River within Eugene city limits, Lane County, Oregon (OAR 141-088). The restrictions were designed to protect against:

  1. The loss of, or damage to property;
  2. The loss of, or damage to natural resources and the environment;
  3. Degradation of water quality; and
  4. Loss of, or damage to riparian vegetation and wildlife habitat.

To this end, DSL believed all state-owned banks and islands on the Willamette River within Eugene city limits should be closed to:

  1. All uses bet​​ween 10 p.m. and 5 a.m.;
  2. The establishment of a campsite at any time; and
  3. Fires at any time.
For the purposes of this section, “campsite” means any place where any bedding, sleeping bag or other material used for bedding purposes, or any stove is placed, established or maintained for the purpose of maintaining a temporary place to live, whether such a place incorporates the use of any tent, lean-to, shack or any other structure. Excepted from this restriction are Government personnel on official business, public and private employees performing company business, vehicles and persons involved in rescue or emergency activities, and Department authorized persons and adjacent landowners inspecting or maintaining property.

DSL held two Rule Advisory Committee (RAC) Meetings starting in June 2019. RAC Committee Meeting locations were:

RAC Committee Meeting #1 
Tuesday, June 18, 2019
10 a.m. to 2 p.m. 
City of Euge​​ne Parks and Open Spaces
1820 Rossevelt Blvd., Eugene, Oregon
Meeting Agenda​​ 
Meeting Summary 
Meeting Packet​

RAC Committee Meeting #2 
Wednesday, July 17, 2019
10 a.m. to 12 p.m.
City of Eugene Parks and Open Spaces
1820 Rossevelt Blvd., Eugene, Oregon
Meeting Agenda​ 
M​eeting Summary​ 
Meeting Packet​

The public comment period closed on October 31, 2019.

Two public hearings were held:
Wednesday, October 16, 2019, 5-6:30 PM
Eugene Park and Open Space Division
1820 Roosevelt Blvd
Eugene, Oregon 97402

Tuesday, October 22, 2019, 5-6:30 PM
Land Board Room
Department of State Lands Building
775 Summer Street NE
Salem, OR 97301​

These proposed rules were approved by the State Land Board at its December 2019 meeting.

Final rule​​



Status
Adopted
Document
Description

The Oregon Depart ment of State Lands (DSL) conducted rulemaking to restrict the public recreational use of state-owned land on the banks​ of the Willamette River from River Mile 1 to 11 in Multnomah County, Oregon (OAR 141-088). The restrictions were designed to protect against:

  1. The loss of, or damage to property;
  2. The loss of, or damage to natural resources and the environment;
  3. Degradation of water quality; and
  4. Loss of, or damage to riparian vegetation and wildlife habitat.

To this end, DSL believes all state-owned land on the banks of the Willamette River from River Mile 1 to 11 should be closed to:

  1. All uses between 10 p.m. and 5 a.m.;
  2. The establishment of a campsite at any time; and
  3. Fires at any time.

For the purposes of this section, “campsite” means any place where any bedding, sleeping bag or other material used for bedding purposes, or any stove is placed, established or maintained for the purpose of maintaining a temporary place to live, whether such a place incorporates the use of any tent, lean-to, shack or any other structure. Excepted from this restriction are Government personnel on official business, public and private employees performing company business, vehicles and persons involved in rescue or emergency activities, and Department authorized persons and adjacent landowners inspecting or maintaining property.

DSL held one Rule Advisory Committee (RAC) Meeting in August 2019.

RAC Committee Meeting
Wednesday, August 7, 2019
Greenworks
24 NW 2nd Avenue
Portland, Oregon
Meeting Agenda​
Meeting Summary​
Meeting Packet

RAC Roster​​​​

The public comment period closed on October 31, 2019.

Two public hearings were held:

Willamette Ballroom
University Place, PSU​
310 SW Lincoln St
Portland, Oregon 97201

Tuesday, October 22, 2019, 5-6:30 PM
Land Board Room
Department of State Lands
775 Summer Street NE
Salem, OR 97301​

The proposed rules went before the State Land Board for approval at the December 2019 Land Board meeting.​

Final rule

​ ​
Status
Adopted
Document
Description

Revisions to the rules for the General Authorization (GA) for Recreational Placer Mining within ESH were necessary to achieve consistency with Senate Bill 3 (2017) and to streamline the process for administering removal-fill permits, reduce paperwork, increase certainty and timeliness, and enhance resource protection. To meet these needs, DSL modified rules under OAR Chapter 141, Division 89 to change the rule titles, purpose, eligibility requirements, authorized activities, and activity-specific conditions of the General Authorization for Recreational Placer Mining.

The expiration and no-transfer provisions were developed as part of a recent rulemaking pertaining to the placer mining GA. Due to an error, the expiration and no-transfer provisions were not properly noticed prior to the public hearing and comment period for those rules and could not be adopted as permanent rules. DSL adopted the expiration and no-transfer provisions as temporary rules. DSL is undertaking this rulemaking to adopt the expiration and no-transfer provisions as permanent rules.

Comments were accepted through 5 pm on June 21, 2018.

Final Rule​

Status
Adopted
Document
Description

DSL updated the statewide compensatory mitigation requirements using a watershed-based approach, and function-based assessment and accounting methods; and made other non-substantive edits for routine rules maintenance. The new rules took effect on April 1, 2019.

DSL updated our policy due to a new federal rule adopted in 2008 – the Final Compensatory Mitigation Rule – which promoted a watershed- and function-based approach to compensatory mitigation. Studies show that requiring acreage-based mitigation leads to an overall loss of functions and values of aquatic resources across the nation. The new mitigation framework brought Oregon’s mitigation program into alignment with the 2008 rule and provided more successful, sustainable benefits for all aquatic resources across the state. Existing exemptions were not affected.

The new approach to compensating for wetland and stream losses was collaboratively implemented by DSL, US Army Corps of Engineers-Portland District (Corps) and US Environmental Protection Agency-Region 10 (EPA) as provided in the Special Joint Public Notice​ of Change to Wetlands and Stream Mitigation in Oregon.

The Department held three public hearings during the month of November 2018 at the following locations:

November 15, 2018, 4:30-6 PM
Deschutes County Road Department
Large Conference Room
61150 SE 27th
Bend, Oregon

November 20, 2018, 4:30-6 PM
Department of State Lands
Land Board Room
775 Summer Street NE
Salem, Oregon

November 28, 2018, 4:30-6 PM
Hampton Inn & Suites
201 39th Street
Astoria, Oregon

The Public Comment Period was from November 1, 2018 through 5 PM on December 7, 2018.

Final Rules​​​


Status
Adopted
Document
Description

The Department of State Lands has concluded rulemaking to codify the requirements of recent administrative and legislative actions affecting the placement of ocean renewable energy devices in the territorial sea. These actions include adoption of Part 5 of the Territorial Sea Plan by the Land Conservation and Development Commission; enactment of HB 2694 (2013) – establishing seafloor data sharing requirements; enactment of SB 606 (2013) – amending financial assurance and civil penalty statutes for ocean renewable energy projects; and enactment of SB 319 (2015) refining the Department’s regulatory and proprietary roles in siting ocean renewable energy projects. SB 319 specifically requires the Department to convene a committee to assist in evaluating whether to establish by rule a general permit under ORS 196.816, or grant by rule a general authorization under ORS 196.850, for ocean renewable energy facilities that are used as components of research projects or demonstration projects that produce ocean renewable energy.​ Public Hearings were held on June 20, 21 & 28, 2017 & July 6, 2017 around the state. ​Final rule is being presented to the State Land Board on October 17th at DSL.

Final Rule SOS​

​​
Status
Adopted
Document
https://secure.sos.state.or.us/oard/displayDivisionRules.action?selectedDivision=368

Contact

Rules Coordinator
Phone: 503-986-5279

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