Or. Admin. Code § 141-073-0105

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

Section 141-073-0105 - Definitions

(1) "Agency" or "State Agency" as defined in ORS 291.002(9) means every state officer, board, commission, department, institution, branch or agency of the state government whose costs are paid wholly or in part from funds held in the State Treasury, except:

(a) The Legislative Assembly, the courts and their officers and committees;

(b) The Public Defense Services Commission; and

(c) The Secretary of State and the State Treasurer in the performance of the duties of their constitutional offices.

(2) "Department" means the Department of State Lands.

(3) "Director" means the Director of the Department of State Lands or designee.

(4) "Geothermal Resource" as defined in ORS 522.005(11) means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or which may be extracted from the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of helium or oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:

(a) All products of geothermal processes, embracing indigenous steam, hot water and hot brines;

(b) Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;

(c) Heat or other associated energy found in geothermal formations; and

(d) Any by-product derived from them.

(5) "In-Depth Evaluation" is a comprehensive review conducted by a mineral resource consultant of the economic geology of the area where a mineral right occurs. The purpose of this evaluation is to determine if significant mineral and/or geothermal resources exist in or proximate to the mineral right, and to establish a value for the mineral right. This evaluation involves a comprehensive review of geologic reports and maps as well as any publicly available exploration data. It may also involve a field visit to examine the geology of the area where the mineral right occurs; the taking and analysis of samples; and the performance of other mineral exploration field techniques. The mineral resource consultant will present the results of an in-depth evaluation to the Department in writing.

(6) "Mineral Reservation" is a clause in a deed that specifically retains all, or a portion of a mineral right.

(7) "Mineral Resource" refers to a concentration of naturally occurring solid, liquid, or gaseous material in or on the Earth's crust in such form and amount that economic extraction of a mineral commodity is currently or potentially feasible at some time in the future.

(8) "Mineral Resource Consultant" refers to the Oregon Department of Geology and Mineral Industries; a registered geologist with expertise in mineral resource appraisal or economic geology; or a state certified appraiser with expertise in mineral appraisal.

(9) "Mineral Right" is an ownership interest in the mineral and/or geothermal resources of a parcel of land. The owner of a mineral right may or may not be the owner of the surface of the parcel. A mineral right may include all metallic, non-metallic, and energy minerals (including oil and gas) as well as geothermal resources, or may specify/exclude some particular types of minerals (for example, limit mineral ownership to just the metallic and non-metallic minerals, or exclude ownership to the sand and gravel).

(10) "Non-Geothermal" refers to a parcel of land that is not known to contain geothermal resources based on geothermal exploration and other geologic information or is not located in a geologic setting that appears to be favorable for the occurrence of geothermal resources.

(11) "Non-Mineral" refers to a parcel of land that is not known to contain mineral resources based on mineral exploration and other geologic information, or is not located in a geologic setting that appears to be favorable for the occurrence of mineral resources.

(12) "Person" is an individual at least eighteen (18) years old; a political subdivision or public agency; or any corporation, association, firm, partnership, joint stock company; or quasi-public corporation registered to do business in the State of Oregon.

(13) "Preliminary Evaluation" is an initial, cursory review conducted by a mineral resource consultant of the economic geology/mineral potential of the area where a mineral right occurs. This evaluation involves a brief review of geologic reports and maps as well as what exploration data may be available. The purpose of this evaluation is to determine if potentially significant mineral and/or geothermal resources may exist in or proximate to the mineral right, and if an in-depth evaluation is warranted. The mineral resource consultant will present the results of a preliminary evaluation to the Department in writing.

(14) "Relative Value" is an estimate of the non-monetary value of a mineral and/or geothermal resource relative to another mineral or geothermal resource. A relative value may be expressed in terms of how closely the geologic characteristics of the mineral and geothermal resources of one mineral right compare to another.

(15) "Release" means the transfer of ownership of a mineral right to another person.

(16) "Significant Mineral or Geothermal Resources" means that the Department determines, based on a preliminary or in-depth evaluation, that mineral and/or geothermal resources could be economically developed in the future.

Or. Admin. Code § 141-073-0105

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