Chapter 453 Oregon Laws 2001
AN ACT
SB 328
Relating to property of
State Board of Higher Education; amending ORS 273.785, 351.060 and 351.155; and
declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 273.785 is amended to read:
273.785. Excluded from the operation of ORS 273.551 and
273.775 to 273.790 are:
(1) Soil, clay, stone, sand and gravel acquired or used by
state agencies for the purpose of constructing or repairing roads or other
state facilities, or the proceeds from such materials;
(2) Any mineral or geothermal resource rights or proceeds
therefrom acquired and held by the State Fish and Wildlife Commission pursuant
to Public Law 415, 75th Congress (50 Stat. 917, 16 U.S.C. 777); or if other
disposition is required by federal rules or regulations or any agreement
entered into at the time of acquisition of the mineral or geothermal resource
rights by the state;
(3) Proceeds of mineral and geothermal resource rights
acquired by the state pursuant to ORS 530.010 and 530.030, other than those
distributed under ORS 530.110 (1)(c); [and]
(4) Any mineral or geothermal resource rights or proceeds
therefrom acquired for the state by
the Director of Veterans’ Affairs [for
the state] pursuant to ORS 88.720, 406.050 (2), 407.135 or 407.145. After
consultation, the Division of State Lands and the Director of Veterans’ Affairs
shall enter into an interagency agreement governing consultation between them
concerning mineral and geothermal resource values on properties acquired for the state by the director [for the state]. The Director of
Veterans’ Affairs shall also adopt rules relating to the release of mineral and
geothermal rights on such properties. The exclusion under this subsection shall
be effective for such rights or proceeds acquired by the director after January
1, 1974[.]; and
(5) Any mineral or
geothermal resource rights or proceeds therefrom given by a donor to any
institution, department or activity under the control of the State Board of
Higher Education that are acquired or held for the state by the State Board of
Higher Education pursuant to ORS chapters 351 and 567. In managing mineral or
geothermal resource leases, the State Board of Higher Education shall consult
with the Division of State Lands in accordance with an interagency agreement
established by the division and the State Board of Higher Education governing
consultation between the division and the State Board of Higher Education and
governing management of such mineral or geothermal resources.
SECTION 2.
ORS 351.060 is amended to read:
351.060. The State Board of Higher Education may:
(1) Control and provide for, subject to the conditions of
this section, the custody and occupation of the grounds, buildings, books,
papers and documents belonging to each and all the institutions, departments or
activities under the control of the State Board of Higher Education.
(2) Manage, control and apply all property of whatever
nature given to or appropriated for the use, support or benefit of any or all
of the institutions, departments or activities under the control of the State
Board of Higher Education, according to the terms and conditions of such gift
or appropriation. Moneys received under this section shall be deposited with
the State Treasurer in an account or fund separate and distinct from the
General Fund. Interest earned by the account or fund shall be credited to the
account or fund.
(3) Erect, improve, repair, maintain, equip and furnish
buildings, structures and lands for higher education.
(4) Acquire, receive, hold, control, convey, sell, manage,
operate, lease, lend, invest, improve and develop any and all property, real or
personal:
(a) Given to any of the institutions, departments or
activities under the control of the State Board of Higher Education by private
donors, whether such gifts are made to the State Board of Higher Education or
to the State of Oregon; or
(b) Acquired by any other method or from any source by the
State Board of Higher Education for the benefit of any of the institutions,
departments or activities under the control of the board, subject, however, to
the applicable provisions of ORS 273.413 to 273.456 and 351.210.
(5) Manage mineral
and geothermal resource rights and proceeds therefrom acquired or held for the
state by the board pursuant to this chapter and ORS chapter 567. This includes
leasing mineral and geothermal resource rights consistent with ORS 273.785.
[(5)] (6) Take and hold mortgages on real
and personal property acquired by way of gift or arising out of transactions
entered into in accordance with the powers, duties and authority given to the
board by this section, ORS 351.070 and 351.150.
[(6)] (7) Institute, maintain and
participate in suits and actions and other judicial proceedings, in the name of
the State of Oregon, for the foreclosure of such mortgages or for the purpose
of carrying into effect any and all of the powers, duties and authority given
to the State Board of Higher Education by this section, ORS 351.070 and
351.150.
SECTION 3.
ORS 351.155 is amended to read:
351.155. Notwithstanding the applicable provisions of ORS
279.025 to 279.031, 279.310 to 279.356 and 279.400 to 279.990, the State Board
of Higher Education may, in the management of all forestlands under its control
and supervision, sell the forest products on such lands in the same manner as
is provided in ORS 530.059, and for that purpose the State Board of Higher
Education shall have the same powers with respect to experimental or research
projects in the field of forestland management or for forest product
utilization on forestlands under its control as the State Forester has pursuant
to the provisions of ORS 530.050 and 530.059. In the management of its forestlands, the State Board of Higher
Education may lease mineral and geothermal resource rights as provided in ORS
351.060 (5).
SECTION 4.
This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2001 Act takes effect July 1, 2001.
Approved by the Governor
June 19, 2001
Filed in the office of
Secretary of State June 19, 2001
Effective date July 1, 2001
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