Or. Admin. Code § 141-125-0150

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

Section 141-125-0150 - Competitive Bidding Process

(1) Except as provided in OAR 141-125-0110(10) and 141-125-0140(11), the Department will determine on a case-by-case basis if an area requested for a lease will be offered to the public through competitive bidding. This decision will be made after considering:

(a) Whether the area requested for a lease is for a use located on Trust or Non-Trust Land;

(b) The nature of the use and length of authorization requested;

(c) The availability of reliable data regarding the comparative compensatory payments for the proposed use; and

(d) Whether other applications are received by the Department to use the same area requested for the same or competing uses.

(2) The Department will give Notice of Parcel Availability and provide an opportunity for applications to be submitted if it:

(a) Determines that the greatest public benefit and/or trust obligations of the Department would be best served by offering the subject area through competitive bidding, or

(b) Is required to offer all or part of the subject area for competitive bid because the preference right holder did not exercise their preference right to take a lease.

(3) The Notice of Parcel Availability will state:

(a) The location and size of the subject area;

(b) The use approved by the Department for the subject area;

(c) The type of auction and minimum acceptable bid amount;

(d) What developments, if any, on the subject area the applicant must purchase from the existing lessee, and a general estimate of the present value of said developments as determined by the Department; and

(e) The deadline for submitting a completed application to the Department.

(4) The Notice of Parcel Availability will be:

(a) Published at the applicant's or, if more than one applicant, applicants' expense, with the cost being divided equally among the applicants, not less than once each week for two successive weeks in a newspaper of general circulation in the county or counties in which the subject parcel is located;

(b) Posted on the Department's internet web site; and

(c) Sent to persons indicating an interest in the subject parcel.

(5) The highest qualified bidder will be awarded the lease at auction subject to satisfaction of the requirements of OAR 141-125-0140(9) and 141-125-0170(4) of these rules. However, the Department will have the right to reject any and all bids submitted.

(6) The Department may offer parcels for which no application has been received to the public through a competitive bidding process. When doing this the Department will follow the competitive bidding process provided in OAR 141-125-0150(3) through (5) and be responsible for the expenses of publishing the required notices.

Or. Admin. Code § 141-125-0150

DSL 1-2002, f. 2-7-02, cert. ef. 3-1-02; DSL 3-2008, f. & cert. ef. 10-15-08

Stat. Auth.: ORS 273

Stats. Implemented: OR Const. Art. VIII, Sec. 2 & 5