ORS 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 (Mining and drilling leases on state lands), 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 (Definitions for ORS 274.705 to 274.860) to 274.860 (Protection and location of filled lands). 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 (Mining and drilling leases on state lands), rather than under ORS 274.705 (Definitions for ORS 274.705 to 274.860) to 274.860 (Protection and location of filled lands).

(4)

Notwithstanding any other provision of ORS 274.705 (Definitions for ORS 274.705 to 274.860) to 274.860 (Protection and location of filled lands), the department may not permit any interference other than temporary interference with the surface of the ocean shore, as defined in ORS 390.615 (Ownership of Pacific shore). 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 (Definitions for ORS 274.705 to 274.860) to 274.860 (Protection and location of filled lands). [1961 c.619 §2; 1967 c.421 §159; 2005 c.22 §197]

Source: Section 274.710 — Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur, https://www.­oregonlegislature.­gov/bills_laws/ors/ors274.­html.

Attorney General Opinions

The nature of the state’s dominion and control over tidelands and tidal submerged lands, (1972) Vol 36, p 150

Law Review Citations

2 EL 91 (1971); 4 EL 342 (1974)

274.005
Definitions 274.015
Determination of ordinary high and low water 274.025
Jurisdiction over submersible and submerged lands generally 274.036
Status of channel of Willamette River 274.040
Sale or lease of submersible lands 274.043
Exemptions from leasing requirements 274.060
Regulation of harbor improvements 274.064
Portland Harbor Cleanup Fund 274.205
Definition for ORS 274.210 to 274.290 274.210
Authority of department to contract for drainage and reclamation of certain lands 274.220
Application for drainage and reclamation of lands 274.230
Investigation and report by Water Resources Director 274.240
Performance by contractor 274.250
Nonperformance 274.260
Title of riparian owners 274.280
Surveys and plans for reclamation of lands 274.290
Execution of plan 274.376
Definitions for ORS 274.376 to 274.388 274.379
Authority to seize abandoned structure or derelict structure 274.382
Liability for costs of removal, salvage, storage and disposal 274.385
Rules 274.388
Submerged Lands Enhancement Fund 274.400
Definition for ORS 274.400 to 274.412 274.402
Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway 274.404
Administrative determination of navigable waterway 274.406
Declaration of state’s claim 274.408
Public notice of claim 274.412
Judicial review of declaration of state’s claim 274.425
Definition for ORS 274.430 to 274.520 274.430
State ownership of meandered lakes 274.440
Acquisition of future rights to meandered lakes denied 274.450
Acquisition of riparian rights by department 274.460
Settler’s and riparian owner’s preferential right to purchase land within meander lines 274.470
Settler’s right to deed to land within meander lines 274.480
Rights of riparian owners on Malheur and Mud Lakes 274.490
Settlement of conflicting preferential rights 274.500
Conveyance of compact area 274.510
Lake bed lands claimed by the United States 274.520
Acceptance of deed to lake bed lands as precluding any other claim 274.525
City use of stream bed material 274.530
Lease or license of stream beds for removal of material 274.550
Removal of material without payment of royalties 274.560
Lease terms 274.590
Cooperation with Washington authorities respecting removal of material from bed of Columbia River 274.610
Prohibited contracts for exploration for hard minerals 274.705
Definitions for ORS 274.705 to 274.860 274.710
Jurisdiction of department over tidal submerged lands 274.712
Limitations on leasing submerged and submersible lands within territorial sea 274.714
Undersea cables within territorial sea 274.715
Sulfur leases 274.720
Effect of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of agencies other than department 274.725
Scope of leases and permits 274.735
Application for survey permit 274.740
Issuance of survey permit 274.745
Drilling logs and records 274.755
Hearing prior to granting lease or easement 274.760
Considerations involved in granting lease or easement 274.765
Publishing offer to lease tidal submerged lands 274.770
Prohibited drilling requirements 274.780
Conditions in leases and permits 274.785
Exclusive rights granted by lease 274.790
Royalties 274.795
Rents 274.800
Bonds 274.805
Drill sites 274.810
Commencement of drilling 274.815
Extension of time when wells to be drilled from filled land or structure 274.820
Water contamination or pollution 274.825
Nonconflicting use of leased lands 274.830
Protecting lands from drainage 274.835
Conformance to laws and regulations 274.840
Continuation of lease after cessation of production 274.845
Surrender of lease 274.850
Cancellation of lease 274.855
Restoration of leasehold to original condition 274.860
Protection and location of filled lands 274.870
Definitions for ORS 274.870 to 274.879 274.873
Proprietary authorizations for ocean renewable energy facilities 274.876
Proprietary authorization requirements 274.879
Financial assurance 274.885
Lease of kelp fields 274.890
Time allowed lessee for survey and erection of plant 274.895
Removing kelp without lease 274.905
Definitions for ORS 274.905 to 274.940 274.910
Application and effect 274.915
Lease or disposal of new lands 274.920
Creation of new lands upon submersible or submerged lands 274.925
Right of public riparian owner to purchase new lands 274.929
Right of nonpublic riparian owner to purchase certain new lands 274.932
Right of public body to purchase new lands created by it 274.935
Ownership, by nonpublic owner of submersible or submerged lands, of new lands created thereon 274.937
Right of individual to purchase new lands created by individual 274.940
Reservation of historically filled lands or new lands 274.945
Collection of shellfish mariculture records 274.950
Jurisdiction to assert title to historically filled lands 274.952
Determination of state interest in historically filled lands 274.954
Declaration of state’s claim 274.956
Public notice of claim 274.992
Civil penalties 274.994
Amount of civil penalties
Green check means up to date. Up to date

Current through early 2024

§ 274.710’s source at oregon​.gov