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Proposed Rulemaking

Rules under consideration

Description

DSL is in the process of amending these rules and differentiating 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 is 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 will present reccommendations to the Land Board in December 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


      DIV 122 DRAFT Rule
      DIV 123 DRAFT Rule​
      Fiscal Impact Statement​
      RAC Roster​​
      Non-Trust VS Trust Lands PowerPoint​

      Status
      Active
      Document
      Description

      ​DIV 30; DIV 40; DIV45; Rules to administer HB 4074 Escheatment of matured US Savings Bonds held by DSL


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

      1. Locate owners of US Savings Bonds

      2. Seek court approval to cash in matured US Savings Bonds after three years

      3. Post the bond proceeds to the owner’s accounts

      4. Provide owners a simple petition process for recovering US Savings Bond proceeds


      In order to achieve this purpose, DSL believes the rules should address 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. 

      a. 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.

      b. Plan public outreach efforts designed to provide any interested parties the opportunity to search and recover US Savings Bonds.

      c. Ensure the outreach strategy meets the due process requirements of escheatment.

      2. Develop an escheatment timeline and process with Marion County Courts.

      3. Work with US Treasury to develop the 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 will hold three RAC Committee Meetings starting in January 2019. RAC Committee Meeting locations are:


      RAC Committee Meeting #1
      January 18, 2019
      9 am to 12 pm
      Land Board Room
      775 Summer Street NE, Salem, Oregon

      Agenda​


      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 14, 2019
      9 am to 12 pm
      Land Board Room
      775 Summer Street NE, Salem, Oregon


      Status
      Active
      Document
      Description

      ​DIV 40; DIV 45; Rules to administer HB 4038 military medals held by DSL


      DSL is conducting 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. 

      In order to achieve this purpose, DSL believes the rules should address 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. 

      a. Qualified military veterans’ organizations

      b. A state or federal agency

      c. 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 will hold three RAC Committee Meetings starting in January 2019. RAC Committee Meeting locations are:


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

      Agenda​​


      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 13, 2019
      1 pm to 4 pm
      Land Board Room
      775 Summer Street NE, Salem, Oregon


      RAC Roster​

      Status
      Active
      Document
      Description

      DSL is updating the statewide compensatory mitigation requirements using a watershed-based approach, and function-based assessment and accounting methods; and making other non-substantive edits for routine rules maintenance. New rules will take effect no sooner than April 1, 2019, rather than February 1, 2019 as previously anticipated.

      Update on proposed changes to statewide compensatory mitigation rules

      Proposed rules to update the statewide compensatory mitigation requirements using a watershed-based approach and function-based assessment and accounting methods will take effect no sooner than April 1, 2019. The new mitigation framework aims to bring Oregon’s mitigation program into alignment with the federal standard and to provide more successful, sustainable benefits for the environment. 

      The Department of State Lands (DSL) previously anticipated the new rules to take effect in February 2019. DSL is currently discussing and working toward solutions to address public comments received for Division 85, 89 and 93. Coordination with some federal partners is delayed due to the government shut-down.   

      Sponsors of mitigation banks, in-lieu fee programs, advance mitigation sites and advance aquatic resource plans that plan to meet the requirements for qualifying for legacy credits will not be held to February 1 for having required documents approved. The definition of legacy credits in OAR 141-085-0510(54) will be updated to reflect the actual final rule implementation date, which will be no sooner than April 1, 2019.     

      The April timeframe allows DSL to address comments while also meeting grant funding obligations and allowing time for outreach and training on the new compensatory mitigation requirements


      We are changing our policy because in 2008, the federal government adopted a new rule – the Final Compensatory Mitigation Rule – which promotes a watershed- and function-based approach to compensatory mitigation. Studies show that the current practice of requiring acreage-based mitigation is leading to an overall loss of functions and values of aquatic resources across the nation. The new mitigation framework aims to bring Oregon’s mitigation program into alignment with the federal standard and to provide more successful, sustainable benefits for the environment. Click here ​to go to the Aquatic Resource Mitigation Framework website.

      This new approach to compensating for wetland and stream losses will be collaboratively implemented by DSL, US Army Corps of Engineers-Portland District (Corps) and US Environmental Protection Agency-Region 10 (EPA) ​

      An overview of the proposed changes was provided in a Skype webinar on Nov. 8. Click here ​for the recorded webinar.

      The Department held three public hearings during the month of November 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 Building
        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 through 5 PM on December 7, 2018.



      Status
      Active
      Document

      Rulemaking meetings and hearings

      Anne Friend
      Rules Coordinator
      Phone: 503-986-5245

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