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H. B. No. 133 As Introduced
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Beck, Blessing, Boose, Brenner, Buchy, Burke, Combs, Gonzales, Goodwin, Grossman, Hackett, Hall, Hayes, Huffman, Landis, Maag, Martin, McKenney, Rosenberger, Ruhl, Sears, Stebelton, Thompson, Uecker, Wachtmann, Young
A BILL
To amend sections 123.01, 1505.07, 1531.06, and
3345.181, to enact sections 131.50, 1509.70,
1509.71, 1509.72, 1509.73, and 1509.74, and to
repeal sections 5119.40, 5120.12, and 5123.23 of
the Revised Code to create the Oil and Gas Leasing
Board and to establish a procedure by which the
Board may enter into leases for oil and gas
production on land owned or under the control of a
state agency for the purpose of providing funding
for capital and operating costs for the agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 123.01, 1505.07, 1531.06, and
3345.181 be amended and sections 131.50, 1509.70, 1509.71,
1509.72, 1509.73, and 1509.74 of the Revised Code be enacted to
read as follows:
Sec. 123.01. (A) The department of administrative services,
in addition to those powers enumerated in Chapters 124. and 125.
of the Revised Code and provided elsewhere by law, shall exercise
the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the Revised
Code in the cases to which that section applies nor affect or
alter the existing powers of the director of transportation.
(2) To have general supervision over the construction of any
projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction of
any projects and improvements or the construction and repair of
buildings under the control of a state agency, except contracts
for the repair of buildings under the management and control of
the departments of public safety, job and family services, mental
health, developmental disabilities, rehabilitation and correction,
and youth services, the bureau of workers' compensation, the
rehabilitation services commission, and boards of trustees of
educational and benevolent institutions and except contracts for
the construction of projects that do not require the issuance of a
building permit or the issuance of a certificate of occupancy and
that are necessary to remediate conditions at a hazardous waste
facility, solid waste facility, or other location at which the
director of environmental protection has reason to believe there
is a substantial threat to public health or safety or the
environment. These contracts shall be made and entered into by the
directors of public safety, job and family services, mental
health, developmental disabilities, rehabilitation and correction,
and youth services, the administrator of workers' compensation,
the rehabilitation services commission, the boards of trustees of
such institutions, and the director of environmental protection,
respectively. All such contracts may be in whole or in part on
unit price basis of maximum estimated cost, with payment computed
and made upon actual quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or grant,
all real estate required by a state agency, in the exercise of
which power the department may exercise the power of eminent
domain, in the manner provided by sections 163.01 to 163.22 of the
Revised Code;
(6) To make and provide all plans, specifications, and models
for the construction and perfection of all systems of sewerage,
drainage, and plumbing for the state in connection with buildings
and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a state
agency;
(9) To lease or grant easements or licenses for unproductive
and unused lands or other property under the control of a state
agency. Such leases, easements, or licenses shall be granted for a
period not to exceed fifteen years and shall be executed for the
state by the director of administrative services and the governor
and shall be approved as to form by the attorney general, provided
that leases, easements, or licenses may be granted to any county,
township, municipal corporation, port authority, water or sewer
district, school district, library district, health district, park
district, soil and water conservation district, conservancy
district, or other political subdivision or taxing district, or
any agency of the United States government, for the exclusive use
of that agency, political subdivision, or taxing district, without
any right of sublease or assignment, for a period not to exceed
fifteen years, and provided that the director shall grant leases,
easements, or licenses of university land for periods not to
exceed twenty-five years for purposes approved by the respective
university's board of trustees wherein the uses are compatible
with the uses and needs of the university and may grant leases of
university land for periods not to exceed forty years for purposes
approved by the respective university's board of trustees pursuant
to section 123.77 of the Revised Code.
(10) To lease space for the use of a state agency;
(11) To have general supervision and care of the storerooms,
offices, and buildings leased for the use of a state agency;
(12) To exercise general custodial care of all real property
of the state;
(13) To assign and group together state offices in any city
in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands under
the control of a state agency for a period not to exceed forty
years. The lease-purchase plan shall provide that at the end of
the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement is
to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of mechanics
and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of different
kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to be
performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense and
of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the director
of administrative services prescribes, published once each week
for four consecutive weeks, of the time when and place where bids
will be received for entering into an agreement to lease to a
state agency a building, structure, or other improvement. The last
publication shall be at least eight days preceding the day for
opening the bids. The bids shall contain the terms upon which the
builder would propose to lease the building, structure, or other
improvement to the state agency. The form of the bid approved by
the department shall be used, and a bid is invalid and shall not
be considered unless that form is used without change, alteration,
or addition. Before submitting bids pursuant to this section, any
builder shall comply with Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids for
entering into lease agreements with a state agency, the director
of administrative services shall open the bids and shall publicly
proceed immediately to tabulate the bids upon duplicate sheets. No
lease agreement shall be entered into until the bureau of workers'
compensation has certified that the person to be awarded the lease
agreement has complied with Chapter 4123. of the Revised Code,
until, if the builder submitting the lowest and best bid is a
foreign corporation, the secretary of state has certified that the
corporation is authorized to do business in this state, until, if
the builder submitting the lowest and best bid is a person
nonresident of this state, the person has filed with the secretary
of state a power of attorney designating the secretary of state as
its agent for the purpose of accepting service of summons in any
action brought under Chapter 4123. of the Revised Code, and until
the agreement is submitted to the attorney general and the
attorney general's approval is certified thereon. Within thirty
days after the day on which the bids are received, the department
shall investigate the bids received and shall determine that the
bureau and the secretary of state have made the certifications
required by this section of the builder who has submitted the
lowest and best bid. Within ten days of the completion of the
investigation of the bids, the department shall award the lease
agreement to the builder who has submitted the lowest and best bid
and who has been certified by the bureau and secretary of state as
required by this section. If bidding for the lease agreement has
been conducted upon the basis of basic plans, specifications,
bills of materials, and estimates of costs, upon the award to the
builder the department, or the builder with the approval of the
department, shall appoint an architect or engineer licensed in
this state to prepare such further detailed plans, specifications,
and bills of materials as are required to construct the building,
structure, or improvement. The department shall adopt such rules
as are necessary to give effect to this section. The department
may reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section
existed before its repeal by Amended Substitute House Bill 95 of
the 125th general assembly;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used in
this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by insurance
or otherwise, and plans for financing the development, and shall
set forth details of the developer's financial responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans. Those
persons may include attorneys, financial experts, engineers, and
other necessary experts. The department shall review the
development plans and may enter into a lease if it finds all of
the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date of
the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state pursuant
to this lease shall be paid into the general revenue fund. The
lease shall provide that at the end of the lease period the
buildings, structures, and related improvements shall become the
property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of such
a tract, for the purpose of drilling for or the pooling of oil or
gas. Such a lease shall be granted for a period not exceeding
forty years, with the full power to contract for, determine the
conditions governing, and specify the amount the state shall
receive for the purposes specified in the lease, and shall be
prepared as in other cases.
(18) To manage the use of space owned and controlled by the
department, including space in property under the jurisdiction of
the Ohio building authority, by doing all of the following:
(a) Biennially implementing, by state agency location, a
census of agency employees assigned space;
(b) Periodically in the discretion of the director of
administrative services:
(i) Requiring each state agency to categorize the use of
space allotted to the agency between office space, common areas,
storage space, and other uses, and to report its findings to the
department;
(ii) Creating and updating a master space utilization plan
for all space allotted to state agencies. The plan shall
incorporate space utilization metrics.
(iii) Conducting a cost-benefit analysis to determine the
effectiveness of state-owned buildings;
(iv) Assessing the alternatives associated with consolidating
the commercial leases for buildings located in Columbus.
(c) Commissioning a comprehensive space utilization and
capacity study in order to determine the feasibility of
consolidating existing commercially leased space used by state
agencies into a new state-owned facility.
(B) This section and section 125.02 of the Revised Code shall
not interfere with any of the following:
(1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories;
(2) The power of the director of transportation in acquiring
rights-of-way for the state highway system, or the leasing of
lands for division or resident district offices, or the leasing of
lands or buildings required in the maintenance operations of the
department of transportation, or the purchase of real property for
garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of the
department;
(3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property and
buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section 4507.011
of the Revised Code and from which the deputy registrar is to
conduct the deputy registrar's business, the power of the director
of public safety to purchase or lease real property and buildings
to be used as locations for division or district offices as
required in the maintenance of operations of the department of
public safety, and the power of the superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real
property owned by the patrol, to rent or lease real property owned
or leased by the patrol, and to make or cause to be made repairs
to all property owned or under the control of the patrol;
(4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division;
(5) The power of the director of development to enter into
leases of real property, buildings, and office space to be used
solely as locations for the state's foreign offices to carry out
the purposes of section 122.05 of the Revised Code;
(6) The power of the director of environmental protection to
enter into environmental covenants, to grant and accept easements,
or to sell property pursuant to division (G) of section 3745.01 of
the Revised Code.
(C) Purchases for, and the custody and repair of, buildings
under the management and control of the capitol square review and
advisory board, the rehabilitation services commission, the bureau
of workers' compensation, or the departments of public safety, job
and family services, mental health, developmental disabilities,
and rehabilitation and correction, and buildings of educational
and benevolent institutions under the management and control of
boards of trustees, are not subject to the control and
jurisdiction of the department of administrative services.
(D) Any instrument by which real property is acquired
pursuant to this section shall identify the agency of the state
that has the use and benefit of the real property as specified in
section 5301.012 of the Revised Code.
Sec. 131.50. (A) There is hereby created in the state
treasury the state land royalty fund consisting of money credited
to it under section 1509.71 of the Revised Code. Any investment
proceeds earned on money in the fund shall be credited to the fund
and used as required in division (B) of this section.
(B) Money in the state land royalty fund shall be used to pay
capital and operating costs of state agencies on whose behalf
money has been contributed to the fund by the oil and gas leasing
board under section 1509.71 of the Revised Code. Such a state
agency is entitled to receive from the fund the amount contributed
on its behalf by the board and a share of the investment earnings
of the fund in an amount that is equivalent to the proportionate
share of contributions made on behalf of the state agency to the
fund.
Sec. 1505.07. Subject to the limitation set forth in section
1505.08 of the Revised Code, the director of natural resources,
with the approval of the director of environmental protection, the
attorney general, and the governor, may issue permits and make
leases to parties making application for permission to take and
remove sand, gravel, stone, and other minerals or substances from
and under the bed of Lake Erie other than oil or gas, either upon
a royalty or rental basis, as he the director of natural resources
determines to be best for the state. Permits shall be issued for
terms of not less than one year nor more than ten years, and
leases shall be for a term of years or until the economic
extraction of the mineral or other substance covered thereby has
been completed. Such taking and removal shall be within certain
fixed boundaries that do not conflict with the rights of littoral
owners. Upon request from the holder of a permit, it shall be
canceled, but in the case of any permit or lease, any equipment or
buildings owned by the permittee or lessee shall be held as
security by the director of natural resources for payment of all
rentals or royalties due the state at the time of cancellation.
No person shall remove sand, gravel, stone, or other minerals
or substances from and under the bed of Lake Erie without first
obtaining a permit or lease therefor from the director.
The director of natural resources may, in accordance with
Chapter 119. of the Revised Code, adopt, amend, and rescind rules
for the administration, implementation, and enforcement of this
section.
Sec. 1509.70. (A) It is the policy of the state to provide
access to and support the exploration for, development of, and
production of oil and natural gas resources owned or controlled by
the state in an effort to stabilize energy prices for citizens of
this state and to use the state's natural resources responsibly.
(B) There is hereby created the oil and gas leasing board
consisting of the chief of the division of mineral resources
management, the chief of the division of geological survey, and
the following three members appointed by the governor:
(1) Two members recommended by a statewide organization
representing the oil and gas industry;
(2) One member representing a statewide environmental
advocacy organization.
(C) Of the initial members appointed to the board, one shall
serve a term of three years, one shall serve a term of four years,
and one shall serve a term of five years. Thereafter, terms of
office of members shall be for five years from the date of
appointment. Each member appointed by the governor shall hold
office from the date of appointment until the end of the term for
which the member was appointed. The governor shall fill a vacancy
occurring on the board by appointing a member within sixty days
after the vacancy occurs. A member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of that term. A member shall continue in office
subsequent to the expiration date of the member's term until the
member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first.
(D) Three members constitute a quorum of the board, and no
action of the board is valid unless it has the concurrence of at
least three members. The board shall keep a record of its
proceedings. The chief of the division of mineral resources
management shall serve as the chairperson of the board.
(E) The governor may remove an appointed member from the
board for inefficiency, malfeasance, misfeasance, or nonfeasance.
(F) Members of the board shall receive no compensation, but
shall be reimbursed for their actual and necessary expenses
incurred in the course of the performance of their duties as
members of the board.
(G) The division of mineral resources management shall
provide staff assistance to the board if requested by the board.
Sec. 1509.71. (A) As used in this section:
(1) "State agency" means both of the following:
(a) "State agency" as defined in section 1.60 of the Revised
Code;
(b) "State university or college" as defined in section
3345.12 of the Revised Code.
(2) "Formation" means any of the following:
(a) The distance from the surface of the land to the top of
the Onondago limestone;
(b) The distance from the top of the Onondago limestone to
the bottom of the Queenston formation;
(c) The distance from the bottom of the Queenston formation
to the top of the Black River limestone;
(d) The distance from the top of the Black River limestone to
the basement rock.
(B) The oil and gas leasing board has exclusive authority to
lease any parcel of land that is owned or controlled by a state
agency for the purpose of exploring for and developing and
producing oil and natural gas resources. A person that is an owner
and that is interested in leasing a formation within a parcel of
land that is owned or controlled by a state agency for the
exploration for and the development and production of oil or
natural gas may submit to the board a nomination that identifies
the parcel of land. A person submitting a nomination shall submit
it in the manner and form established in rules adopted under
section 1509.72 of the Revised Code and shall include with the
nomination the information required by those rules.
(C)(1) Not later than thirty days after the receipt of a
nomination of a parcel of land, the board shall conduct a meeting
for the purpose of determining whether to enter into a lease for a
formation within the parcel of land that is identified in the
nomination. Not later than sixty days after the meeting, the board
shall approve or disapprove the nomination. In making its decision
to approve or disapprove the nomination of the parcel of land, the
board shall consider all of the following:
(a) The economic benefits, including the potential income
from an oil or natural gas operation, that would result if the
lease of a formation that is the subject of the nomination were
approved;
(b) Whether the proposed oil or gas operation is compatible
with the current uses of the parcel of land that is the subject of
the nomination;
(c) Any objections to the nomination submitted to the board
by the state agency that owns or controls the land on which the
proposed oil or natural gas operation would take place;
(d) Any other factors that the board establishes in rules
adopted under section 1509.72 of the Revised Code.
(2) Prior to making its decision to approve or disapprove a
nomination, the board shall notify the agency that owns or
controls the land on which the oil or gas operation would take
place.
(3) The board shall approve or deny a nomination not later
than ninety days after the receipt of the nomination. Notice of
the decision of the board shall be sent by certified mail to the
person that submitted the nomination.
(4) If the board approves a nomination, the board shall
divide the parcel of land that is the subject of the approved
nomination into smaller-sized parcels when appropriate in
accordance with rules adopted under section 1509.72 of the Revised
Code.
(5) If the board approves a nomination, the board shall offer
for lease each formation that is within a parcel of land.
(D) Each calendar quarter, the board shall proceed to
advertise for bids for a lease for a formation within a parcel of
land that was the subject of a nomination approved during the
previous calendar quarter. The advertisement shall be published on
a web site that is maintained by the board and in a newspaper of
general circulation in Franklin county and in each county in which
the parcel of land that was the subject of the nomination is
located. The advertisement shall be published once a week for four
consecutive weeks prior to the date that is established by the
board for the submission of bids. The notice shall include all of
the following:
(1) The procedure for the submission of a bid to enter into a
lease for a formation within a parcel of land;
(2) A statement that a person may submit a bid for only one
formation within the parcel of land;
(3) A statement that a standard lease form that is consistent
with the practices of the oil and natural gas industries will be
used for the lease of a formation within the parcel of land;
(4) Instructions for obtaining a copy of the standard lease
form that will be used for the lease of a formation within the
parcel of land;
(5) A statement, if applicable, that special terms and
conditions apply to the lease because of specific conditions
related to the parcel of land. If such special terms and
conditions apply to the lease, the statement shall include
instructions for obtaining a copy of them.
(6) Any other information that the board considers pertinent
to the advertisement for bids.
(E) In order to encourage the submission of bids and the
responsible and reasonable development of the state's natural
resources, the information that is contained in a bid submitted to
the board under this section shall be confidential and shall not
be disclosed.
(F) Not later than fifteen days after a deadline established
by the board for the submission of bids for each lease regarding a
particular parcel of land, bids received by the board shall be
unsealed and opened on the date designated by the board. Not later
than thirty days after the date on which the board unseals and
opens the bids, the board shall enter into a lease under this
section with the person who submits the highest and best bid for
each formation within that parcel of land, taking into account the
financial responsibility of the prospective lessee and the ability
of the prospective lessee to perform its obligations under the
lease. However, the board shall not lease more than one formation
within a particular parcel of land to the same person.
(G) All money received by the board in payment for leases
entered into under this section shall be paid by the board into
the state treasury to the credit of the state land royalty fund
created in section 131.50 of the Revised Code, except money that
is required to be credited to the oil and gas leasing board
administration fund created in section 1509.73 of the Revised Code
as required in rules adopted under section 1509.72 of the Revised
Code. Money credited to the state land royalty fund shall be
contributed on behalf of the state agency that owns or controls
the parcel of land on which the drilling for oil or gas takes
place.
Sec. 1509.72. The oil and gas leasing board shall adopt rules
in accordance with Chapter 119. of the Revised Code establishing
all of the following:
(A) The form of and the information to be included in
nominations that are submitted under section 1509.71 of the
Revised Code;
(B) Procedures for the submission of nominations to the
board;
(C) Factors that the board may consider when determining
whether to approve or disapprove a nomination submitted under
section 1509.71 of the Revised Code;
(D) Procedures and factors that the board shall use when
determining whether to divide a parcel of land that is the subject
of an approved nomination into smaller-sized parcels in order to
manage the land properly and to maximize the number of leases for
a particular parcel of land;
(E) A standard lease form that is consistent with the
practices of the oil and natural gas industries and that contains
a one-eighth landowner royalty, which standard lease form shall be
used by the board for leases entered into under section 1509.71 of
the Revised Code;
(F) Factors that the board shall consider when determining
whether special terms and conditions of leases may be required for
a particular parcel of land because of specific conditions related
to the parcel and to the development of any oil or natural gas
from the parcel;
(G) A percentage of the proceeds of each lease agreement that
shall be credited to the oil and gas leasing board administration
fund created in section 1509.73 of the Revised Code for the
purpose of providing funding for the board's administrative
expenses and actual and necessary expenses of the board members;
(H) Any other procedures and requirements that the board
determines necessary to implement sections 1509.70 to 1509.74 of
the Revised Code.
Sec. 1509.73. There is hereby created in the state treasury
the oil and gas leasing board administration fund consisting of a
percentage of the money derived from leases as provided in rules
adopted under section 1509.72 of the Revised Code. Money in the
fund shall be used by the oil and gas leasing board to pay the
administrative expenses of the board and to pay the actual and
necessary expenses incurred by members of the board in the course
of the performance of their duties.
Sec. 1509.74. If a nomination to lease a parcel of land that
is submitted under section 1509.71 of the Revised Code is
disapproved by the oil and gas leasing board, the person that
submitted the nomination may appeal the board's disapproval to the
oil and gas commission for an order reversing the disapproval. The
requirements and procedures established in section 1509.36 of the
Revised Code that apply to an appeal of an order of the chief of
the division of mineral resources management apply to appeals
filed under this section.
Sec. 1531.06. (A) The chief of the division of wildlife,
with the approval of the director of natural resources, may
acquire by gift, lease, purchase, or otherwise lands or surface
rights upon lands and waters or surface rights upon waters for
wild animals, fish or game management, preservation, propagation,
and protection, outdoor and nature activities, public fishing and
hunting grounds, and flora and fauna preservation. The chief, with
the approval of the director, may receive by grant, devise,
bequest, donation, or assignment evidences of indebtedness, the
proceeds of which are to be used for the purchase of such lands or
surface rights upon lands and waters or surface rights upon
waters.
(B)(1) The chief shall adopt rules for the protection of
state-owned or leased lands and waters and property under the
control of the division of wildlife against wrongful use or
occupancy that will ensure the carrying out of the intent of this
section, protect those lands, waters, and property from
depredations, and preserve them from molestation, spoilation,
destruction, or any improper use or occupancy thereof, including
rules with respect to recreational activities and for the
government and use of such lands, waters, and property.
(2) The chief may adopt rules benefiting wild animals, fish
or game management, preservation, propagation, and protection,
outdoor and nature activities, public fishing and hunting grounds,
and flora and fauna preservation, and regulating the taking and
possession of wild animals on any lands or waters owned or leased
or under the division's supervision and control and, for a
specified period of years, may prohibit or recall the taking and
possession of any wild animal on any portion of such lands or
waters. The division clearly shall define and mark the boundaries
of the lands and waters owned or leased or under its supervision
and control upon which the taking of any wild animal is
prohibited.
(C) The chief, with the approval of the director, may acquire
by gift, lease, or purchase land for the purpose of establishing
state fish hatcheries and game farms and may erect on it buildings
or structures that are necessary.
The title to or lease of such lands and waters shall be taken
by the chief in the name of the state. The lease or purchase price
of all such lands and waters may be paid from hunting and trapping
and fishing licenses and any other funds.
(D) To provide more public recreation, stream and lake
agreements for public fishing only may be obtained under rules
adopted by the chief.
(E) The chief, with the approval of the director, may
establish user fees for the use of special public facilities or
participation in special activities on lands and waters
administered by the division. The special facilities and
activities may include hunting or fishing on special designated
public lands and waters intensively managed or stocked with
artificially propagated game birds or fish, field trial
facilities, wildlife nature centers, firearm ranges, boat mooring
facilities, camping sites, and other similar special facilities
and activities. The chief shall determine whether the user fees
are refundable and shall ensure that that information is provided
at the time the user fees are paid.
(F) The chief, with the approval of the director, may enter
into lease agreements for rental of concessions or other special
projects situated on state-owned or leased lands or waters or
other property under the division's control. The chief shall set
and collect the fees for concession rentals or other special
projects; regulate through contracts between the division and
concessionaires the sale of tangible objects at concessions or
other special projects; and keep a record of all such fee payments
showing the amount received, from whom received, and for what
purpose the fee was collected.
(G) The chief may sell or donate conservation-related items
or items that promote wildlife conservation, including, but not
limited to, stamps, pins, badges, books, bulletins, maps,
publications, calendars, and any other educational article or
artifact pertaining to wild animals; sell confiscated or forfeited
items; and sell surplus structures and equipment, and timber or
crops from lands owned, administered, leased, or controlled by the
division. The chief, with the approval of the director, also may
engage in campaigns and special events that promote wildlife
conservation by selling or donating wildlife-related materials,
memberships, and other items of promotional value.
(H) The chief may sell, lease, or transfer minerals or
mineral rights, with the approval of the director, when the chief
and the director determine it to be in the best interest of the
state. Upon approval of the director, the chief may make, execute,
and deliver contracts, including leases, to mine, drill, or
excavate iron ore, stone, coal, petroleum, gas, salt, and other
minerals, other than oil or gas, upon and under lands owned by the
state and administered by the division to any person who complies
with the terms of such a contract. No such contract shall be valid
for more than fifty years from its effective date. Consideration
for minerals and mineral rights shall be by rental or royalty
basis as prescribed by the chief and payable as prescribed by
contract. Moneys collected under this division shall be paid into
the state treasury to the credit of the wildlife habitat fund
created in section 1531.33 of the Revised Code. Contracts entered
into under this division also may provide for consideration for
minerals or mineral rights in the form of acquisition of lands as
provided under divisions (A) and (C) of this section.
(I) All moneys received under divisions (E), (F), and (G) of
this section shall be paid into the state treasury to the credit
of a fund that shall be used for the purposes outlined in section
1533.15 of the Revised Code and for the management of other wild
animals for their ecological and nonconsumptive recreational value
or benefit.
(J) The chief, with the approval of the director, may barter
or sell wild animals to other states, state or federal agencies,
and conservation or zoological organizations. Moneys received from
the sale of wild animals shall be deposited into the wild animal
fund created in section 1531.34 of the Revised Code.
(K) The chief shall adopt rules establishing standards and
guidelines for the administration of contraceptive chemicals to
noncaptive wild animals. The rules may specify chemical delivery
methods and devices and monitoring requirements.
The chief shall establish criteria for the issuance of and
shall issue permits for the administration of contraceptive
chemicals to noncaptive wild animals. No person shall administer
contraceptive chemicals to noncaptive wild animals without a
permit issued by the chief.
(L) All fees set by the chief under this section shall be
approved by the wildlife council.
(M) Information contained in the wildlife diversity database
that is established pursuant to division (B)(2) of this section
and section 1531.25 of the Revised Code may be made available to
any individual or public or private agency for research,
educational, environmental, land management, or other similar
purposes that are not detrimental to the conservation of a species
or feature. Information regarding sensitive site locations of
species that are listed pursuant to section 1531.25 of the Revised
Code and of features that are included in the wildlife diversity
database is not subject to section 149.43 of the Revised Code if
the chief determines that the release of the information could be
detrimental to the conservation of a species or feature.
Sec. 3345.181. (A) The board of trustees of a state
university, by majority vote, may make, execute, and deliver
contracts or leases to mine minerals upon lands under the
supervision of such the board, to any person or public entity that
complies with the terms prescribed by the board. Such contracts or
leases shall not operate as a conveyance of the fee to any part of
the realty.
(B) A board, by majority vote, may make expenditures and may
enter into contracts with any person or public entity for the
purposes of investigating, exploring, prospecting, or drilling for
petroleum and gas and the constituent components and mineral
by-products thereof upon lands under the supervision of such
board, and for the purposes of extracting, producing, selling,
using, or transporting such petroleum, gas, components, and
byproducts.
(C) The board may use the proceeds derived from its actions
under division (A) or (B) of this section for the furthering of
any of the purposes of the university.
Section 2. That existing sections 123.01, 1505.07, 1531.06,
and 3345.181 and sections
5119.40, 5120.12, and 5123.23 of the
Revised Code are hereby repealed.
Section 3. A lease entered into under division (B) of
section 3345.181 or section 123.01, 1505.07, 1531.06, 5119.40,
5120.12, or 5123.23 of the Revised Code as those sections existed
prior to their amendment or repeal by this act shall remain in
effect until the term of the lease expires as provided in the
lease.
Section 4. Section 123.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub.
H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The General
Assembly, applying the principle stated in division (B) of section
1.52 of the Revised Code that amendments are to be harmonized if
reasonably capable of simultaneous operation, finds that the
composite is the resulting version of the section in effect prior
to the effective date of the section as presented in this act.
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