(1)Except as provided in OAR 141-067-0300 (Procedures for Resolving Claims to Formerly Submerged or Submersible Land (does not apply to lands described in OAR 141-067-0215)) or as limited by 141-067-0155 (Policies), the Department may exchange any lands or interests in lands for any other lands to meet objectives of the Asset Management Plan or the South Slough National Estuarine Research Reserve Management Plan. Exchanges shall be made on the basis of value. The Department may accept a monetary payment or reserve rights as part of the consideration to the extent required for a fair transaction.
(2)The Department may initiate a land exchange without requiring that an application be submitted.
(3)Any person, eligible to do so, may submit an application to the Department to initiate a land exchange. The application must be submitted on a form provided by the Department.
(4)The Department will notify the lessee, if any, by registered or certified mail and the applicant of receipt of the land exchange application. Within a reasonable time after receipt of the land exchange application, the Director will conduct an initial review of the application and determine the action to be taken including but not be limited to:
(a)Rejecting the application. A rejected application shall be returned to the applicant with the reasons for its rejection clearly stated. The lessee, if any, will also be notified. An additional non-refundable application fee will not be required for an application that is resubmitted within 120 calendar days of its rejection.
(b)Accepting the application for further processing; or
(c)Requesting more information.
(5)Following initial review and acceptance of the application, the Department will:
(a)Complete a Land Disposal Evaluation and Land Acquisition Evaluation of the lands involved in the exchange;
(b)Initiate the applicable elements of the public interest review process.
(6)If the Director determines to proceed with the land exchange proposal, the Department will negotiate a Land Exchange Agreement with the applicant. The State Land Board shall approve the Land Exchange Agreement.
(7)The Department may group together similar land exchange applications for more efficient processing. The willingness of applicants or other interested parties to pay for or share in the cost of appraisals, surveys, public notices or other expenses may be a factor in the Department’s prioritization of land exchange proposals.
Rule 141-067-0170 — Land Exchanges,