Oregon Statutes - Chapter 274 - Submersible and Submerged Lands - Section 274.710 - Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur.

(1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state:

(a) By quitclaim, cession, grant, contract or otherwise from the United States or any agent thereof; or

(b) By any other means.

(2) All jurisdiction and authority remaining in the state over tidal submerged lands as to which grants have been or may be made is vested in the department.

(3) Notwithstanding ORS 273.551, the department shall administer and control all tidal submerged lands described in subsections (1) and (2) of this section under its jurisdiction, and may lease such lands and submersible lands and dispose of oil, gas and sulfur under such lands and submersible lands in the manner prescribed by ORS 274.705 to 274.860. However, submerged and submersible lands lying more than 10 miles easterly of the 124th West Meridian shall be subject to leasing for oil, gas and sulfur under ORS 273.551, rather than under ORS 274.705 to 274.860.

(4) Notwithstanding any other provision of ORS 274.705 to 274.860, the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615. The department may, however:

(a) Grant easements underlying that part of the surface of the ocean shore owned by the state at such times and at such places as the department finds necessary to permit the extraction and transportation of oil, gas or sulfur from state, federal or private lands; and

(b) Issue oil and gas leases underlying the ocean shore under the same terms and conditions as provided in ORS 274.705 to 274.860. [1961 c.619 §2; 1967 c.421 §159; 2005 c.22 §197]

Note: Sections 1 and 2, chapter 521, Oregon Laws 2007, provide:

Sec. 1. (1) Notwithstanding the provisions of ORS 274.705 to 274.860 or 520.240, any form of leasing for purposes of exploration, development or production of oil, gas or sulfur is prohibited in the territorial sea.

(2)(a) The provisions of subsection (1) of this section do not apply to exploration for scientific or academic research purposes, or geologic survey activities of the State Department of Geology and Mineral Industries.

(b) The provisions of subsection (1) of this section also do not apply in the event the Governor determines that an oil embargo substantially affects the supply of oil to the United States.

(3) Any exploration for oil, gas or sulfur in the territorial sea allowed under ORS 274.705 to 274.860 and 274.885 to 274.895 by the State Land Board or the Department of State Lands must conform to standards of the Oregon Ocean Resources Management Program established under ORS 196.405 to 196.515.

(4) For the purposes of this section:

(a) “Gas” means all natural gas, gas hydrates and all fluid hydrocarbons not defined as oil in this subsection. “Gas” includes condensate originally in the gaseous phase in the reservoir.

(b) “Oil” means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods. “Oil” does not include liquid hydrocarbons that were originally in a gaseous phase in the reservoir.

(c) “Territorial sea” has the meaning given that term in ORS 196.405. [2007 c.521 §1]

Sec. 2. Section 1 of this 2007 Act is repealed on January 2, 2010. [2007 c.521 §2]

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Last modified: August 7, 2008