Bill Text: OH SB241 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To grant the Department of Natural Resources exclusive authority to enter into leases for oil and gas development on state land.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2010-03-17 - To Environment & Natural Resources [SB241 Detail]

Download: Ohio-2009-SB241-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 241

Senator Faber 

Cosponsors: Senators Niehaus, Seitz, Jones 

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A BILL

To amend sections 123.01, 1505.07, and 1531.06, to

1

enact sections 1501.50 and 1501.51, and to repeal

2

sections 5119.40, 5120.12, and 5123.23 of the

3

Revised Code to grant the Department of Natural

4

Resources exclusive authority to enter into leases

5

for oil and gas development on state land.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 123.01, 1505.07, and 1531.06 be	7
amended and sections 1501.50 and 1501.51 of the Revised Code be	8
enacted to read as follows:	9

Sec. 123.01.  (A) The department of administrative services,	10
in addition to those powers enumerated in Chapters 124. and 125.	11
of the Revised Code and provided elsewhere by law, shall exercise	12
the following powers:	13

(1) To prepare, or contract to be prepared, by licensed	14
engineers or architects, surveys, general and detailed plans,	15
specifications, bills of materials, and estimates of cost for any	16
projects, improvements, or public buildings to be constructed by	17
state agencies that may be authorized by legislative	18
appropriations or any other funds made available therefor,	19
provided that the construction of the projects, improvements, or	20
public buildings is a statutory duty of the department. This	21
section does not require the independent employment of an	22
architect or engineer as provided by section 153.01 of the Revised	23
Code in the cases to which that section applies nor affect or	24
alter the existing powers of the director of transportation.	25

(2) To have general supervision over the construction of any	26
projects, improvements, or public buildings constructed for a	27
state agency and over the inspection of materials previous to	28
their incorporation into those projects, improvements, or	29
buildings;	30

(3) To make contracts for and supervise the construction of	31
any projects and improvements or the construction and repair of	32
buildings under the control of a state agency, except contracts	33
for the repair of buildings under the management and control of	34
the departments of public safety, job and family services, mental	35
health, developmental disabilities, rehabilitation and correction,	36
and youth services, the bureau of workers' compensation, the	37
rehabilitation services commission, and boards of trustees of	38
educational and benevolent institutions and except contracts for	39
the construction of projects that do not require the issuance of a	40
building permit or the issuance of a certificate of occupancy and	41
that are necessary to remediate conditions at a hazardous waste	42
facility, solid waste facility, or other location at which the	43
director of environmental protection has reason to believe there	44
is a substantial threat to public health or safety or the	45
environment. These contracts shall be made and entered into by the	46
directors of public safety, job and family services, mental	47
health, developmental disabilities, rehabilitation and correction,	48
and youth services, the administrator of workers' compensation,	49
the rehabilitation services commission, the boards of trustees of	50
such institutions, and the director of environmental protection,	51
respectively. All such contracts may be in whole or in part on	52
unit price basis of maximum estimated cost, with payment computed	53
and made upon actual quantities or units.	54

(4) To prepare and suggest comprehensive plans for the	55
development of grounds and buildings under the control of a state	56
agency;	57

(5) To acquire, by purchase, gift, devise, lease, or grant,	58
all real estate required by a state agency, in the exercise of	59
which power the department may exercise the power of eminent	60
domain, in the manner provided by sections 163.01 to 163.22 of the	61
Revised Code;	62

(6) To make and provide all plans, specifications, and models	63
for the construction and perfection of all systems of sewerage,	64
drainage, and plumbing for the state in connection with buildings	65
and grounds under the control of a state agency;	66

(7) To erect, supervise, and maintain all public monuments	67
and memorials erected by the state, except where the supervision	68
and maintenance is otherwise provided by law;	69

(8) To procure, by lease, storage accommodations for a state	70
agency;	71

(9) To lease or grant easements or licenses for unproductive	72
and unused lands or other property under the control of a state	73
agency. Such leases, easements, or licenses shall be granted for a	74
period not to exceed fifteen years and shall be executed for the	75
state by the director of administrative services and the governor	76
and shall be approved as to form by the attorney general, provided	77
that leases, easements, or licenses may be granted to any county,	78
township, municipal corporation, port authority, water or sewer	79
district, school district, library district, health district, park	80
district, soil and water conservation district, conservancy	81
district, or other political subdivision or taxing district, or	82
any agency of the United States government, for the exclusive use	83
of that agency, political subdivision, or taxing district, without	84
any right of sublease or assignment, for a period not to exceed	85
fifteen years, and provided that the director shall grant leases,	86
easements, or licenses of university land for periods not to	87
exceed twenty-five years for purposes approved by the respective	88
university's board of trustees wherein the uses are compatible	89
with the uses and needs of the university and may grant leases of	90
university land for periods not to exceed forty years for purposes	91
approved by the respective university's board of trustees pursuant	92
to section 123.77 of the Revised Code.	93

(10) To lease space for the use of a state agency;

94

(11) To have general supervision and care of the storerooms,	95
offices, and buildings leased for the use of a state agency;	96

(12) To exercise general custodial care of all real property	97
of the state;	98

(13) To assign and group together state offices in any city	99
in the state and to establish, in cooperation with the state	100
agencies involved, rules governing space requirements for office	101
or storage use;	102

(14) To lease for a period not to exceed forty years,	103
pursuant to a contract providing for the construction thereof	104
under a lease-purchase plan, buildings, structures, and other	105
improvements for any public purpose, and, in conjunction	106
therewith, to grant leases, easements, or licenses for lands under	107
the control of a state agency for a period not to exceed forty	108
years. The lease-purchase plan shall provide that at the end of	109
the lease period, the buildings, structures, and related	110
improvements, together with the land on which they are situated,	111
shall become the property of the state without cost.	112

(a) Whenever any building, structure, or other improvement is	113
to be so leased by a state agency, the department shall retain	114
either basic plans, specifications, bills of materials, and	115
estimates of cost with sufficient detail to afford bidders all	116
needed information or, alternatively, all of the following plans,	117
details, bills of materials, and specifications:	118

(i) Full and accurate plans suitable for the use of mechanics	119
and other builders in the improvement;	120

(ii) Details to scale and full sized, so drawn and	121
represented as to be easily understood;	122

(iii) Accurate bills showing the exact quantity of different	123
kinds of material necessary to the construction;	124

(iv) Definite and complete specifications of the work to be	125
performed, together with such directions as will enable a	126
competent mechanic or other builder to carry them out and afford	127
bidders all needed information;	128

(v) A full and accurate estimate of each item of expense and	129
of the aggregate cost thereof.	130

(b) The department shall give public notice, in such	131
newspaper, in such form, and with such phraseology as the director	132
of administrative services prescribes, published once each week	133
for four consecutive weeks, of the time when and place where bids	134
will be received for entering into an agreement to lease to a	135
state agency a building, structure, or other improvement. The last	136
publication shall be at least eight days preceding the day for	137
opening the bids. The bids shall contain the terms upon which the	138
builder would propose to lease the building, structure, or other	139
improvement to the state agency. The form of the bid approved by	140
the department shall be used, and a bid is invalid and shall not	141
be considered unless that form is used without change, alteration,	142
or addition. Before submitting bids pursuant to this section, any	143
builder shall comply with Chapter 153. of the Revised Code.	144

(c) On the day and at the place named for receiving bids for	145
entering into lease agreements with a state agency, the director	146
of administrative services shall open the bids and shall publicly	147
proceed immediately to tabulate the bids upon duplicate sheets. No	148
lease agreement shall be entered into until the bureau of workers'	149
compensation has certified that the person to be awarded the lease	150
agreement has complied with Chapter 4123. of the Revised Code,	151
until, if the builder submitting the lowest and best bid is a	152
foreign corporation, the secretary of state has certified that the	153
corporation is authorized to do business in this state, until, if	154
the builder submitting the lowest and best bid is a person	155
nonresident of this state, the person has filed with the secretary	156
of state a power of attorney designating the secretary of state as	157
its agent for the purpose of accepting service of summons in any	158
action brought under Chapter 4123. of the Revised Code, and until	159
the agreement is submitted to the attorney general and the	160
attorney general's approval is certified thereon. Within thirty	161
days after the day on which the bids are received, the department	162
shall investigate the bids received and shall determine that the	163
bureau and the secretary of state have made the certifications	164
required by this section of the builder who has submitted the	165
lowest and best bid. Within ten days of the completion of the	166
investigation of the bids, the department shall award the lease	167
agreement to the builder who has submitted the lowest and best bid	168
and who has been certified by the bureau and secretary of state as	169
required by this section. If bidding for the lease agreement has	170
been conducted upon the basis of basic plans, specifications,	171
bills of materials, and estimates of costs, upon the award to the	172
builder the department, or the builder with the approval of the	173
department, shall appoint an architect or engineer licensed in	174
this state to prepare such further detailed plans, specifications,	175
and bills of materials as are required to construct the building,	176
structure, or improvement. The department shall adopt such rules	177
as are necessary to give effect to this section. The department	178
may reject any bid. Where there is reason to believe there is	179
collusion or combination among bidders, the bids of those	180
concerned therein shall be rejected.	181

(15) To acquire by purchase, gift, devise, or grant and to	182
transfer, lease, or otherwise dispose of all real property	183
required to assist in the development of a conversion facility as	184
defined in section 5709.30 of the Revised Code as that section	185
existed before its repeal by Amended Substitute House Bill 95 of	186
the 125th general assembly;	187

(16) To lease for a period not to exceed forty years,	188
notwithstanding any other division of this section, the	189
state-owned property located at 408-450 East Town Street,	190
Columbus, Ohio, formerly the state school for the deaf, to a	191
developer in accordance with this section. "Developer," as used in	192
this section, has the same meaning as in section 123.77 of the	193
Revised Code.	194

Such a lease shall be for the purpose of development of the	195
land for use by senior citizens by constructing, altering,	196
renovating, repairing, expanding, and improving the site as it	197
existed on June 25, 1982. A developer desiring to lease the land	198
shall prepare for submission to the department a plan for	199
development. Plans shall include provisions for roads, sewers,	200
water lines, waste disposal, water supply, and similar matters to	201
meet the requirements of state and local laws. The plans shall	202
also include provision for protection of the property by insurance	203
or otherwise, and plans for financing the development, and shall	204
set forth details of the developer's financial responsibility.	205

The department may employ, as employees or consultants,	206
persons needed to assist in reviewing the development plans. Those	207
persons may include attorneys, financial experts, engineers, and	208
other necessary experts. The department shall review the	209
development plans and may enter into a lease if it finds all of	210
the following:	211

(a) The best interests of the state will be promoted by	212
entering into a lease with the developer;	213

(b) The development plans are satisfactory;

214

(c) The developer has established the developer's financial	215
responsibility and satisfactory plans for financing the	216
development.	217

The lease shall contain a provision that construction or	218
renovation of the buildings, roads, structures, and other	219
necessary facilities shall begin within one year after the date of	220
the lease and shall proceed according to a schedule agreed to	221
between the department and the developer or the lease will be	222
terminated. The lease shall contain such conditions and	223
stipulations as the director considers necessary to preserve the	224
best interest of the state. Moneys received by the state pursuant	225
to this lease shall be paid into the general revenue fund. The	226
lease shall provide that at the end of the lease period the	227
buildings, structures, and related improvements shall become the	228
property of the state without cost.	229

(17) To lease to any person any tract of land owned by the	230
state and under the control of the department, or any part of such	231
a tract, for the purpose of drilling for or the pooling of oil or	232
gas. Such a lease shall be granted for a period not exceeding	233
forty years, with the full power to contract for, determine the	234
conditions governing, and specify the amount the state shall	235
receive for the purposes specified in the lease, and shall be	236
prepared as in other cases.	237

(18) To manage the use of space owned and controlled by the	238
department, including space in property under the jurisdiction of	239
the Ohio building authority, by doing all of the following:	240

(a) Biennially implementing, by state agency location, a	241
census of agency employees assigned space;	242

(b) Periodically in the discretion of the director of	243
administrative services:	244

(i) Requiring each state agency to categorize the use of	245
space allotted to the agency between office space, common areas,	246
storage space, and other uses, and to report its findings to the	247
department;	248

(ii) Creating and updating a master space utilization plan	249
for all space allotted to state agencies. The plan shall	250
incorporate space utilization metrics.	251

(iii) Conducting a cost-benefit analysis to determine the	252
effectiveness of state-owned buildings;	253

(iv) Assessing the alternatives associated with consolidating	254
the commercial leases for buildings located in Columbus.	255

(c) Commissioning a comprehensive space utilization and	256
capacity study in order to determine the feasibility of	257
consolidating existing commercially leased space used by state	258
agencies into a new state-owned facility.	259

(B) This section and section 125.02 of the Revised Code shall	260
not interfere with any of the following:	261

(1) The power of the adjutant general to purchase military	262
supplies, or with the custody of the adjutant general of property	263
leased, purchased, or constructed by the state and used for	264
military purposes, or with the functions of the adjutant general	265
as director of state armories;	266

(2) The power of the director of transportation in acquiring	267
rights-of-way for the state highway system, or the leasing of	268
lands for division or resident district offices, or the leasing of	269
lands or buildings required in the maintenance operations of the	270
department of transportation, or the purchase of real property for	271
garage sites or division or resident district offices, or in	272
preparing plans and specifications for and constructing such	273
buildings as the director may require in the administration of the	274
department;	275

(3) The power of the director of public safety and the	276
registrar of motor vehicles to purchase or lease real property and	277
buildings to be used solely as locations to which a deputy	278
registrar is assigned pursuant to division (B) of section 4507.011	279
of the Revised Code and from which the deputy registrar is to	280
conduct the deputy registrar's business, the power of the director	281
of public safety to purchase or lease real property and buildings	282
to be used as locations for division or district offices as	283
required in the maintenance of operations of the department of	284
public safety, and the power of the superintendent of the state	285
highway patrol in the purchase or leasing of real property and	286
buildings needed by the patrol, to negotiate the sale of real	287
property owned by the patrol, to rent or lease real property owned	288
or leased by the patrol, and to make or cause to be made repairs	289
to all property owned or under the control of the patrol;	290

(4) The power of the division of liquor control in the	291
leasing or purchasing of retail outlets and warehouse facilities	292
for the use of the division;	293

(5) The power of the director of development to enter into	294
leases of real property, buildings, and office space to be used	295
solely as locations for the state's foreign offices to carry out	296
the purposes of section 122.05 of the Revised Code;	297

(6) The power of the director of environmental protection to	298
enter into environmental covenants, to grant and accept easements,	299
or to sell property pursuant to division (G) of section 3745.01 of	300
the Revised Code.	301

(C) Purchases for, and the custody and repair of, buildings	302
under the management and control of the capitol square review and	303
advisory board, the rehabilitation services commission, the bureau	304
of workers' compensation, or the departments of public safety, job	305
and family services, mental health, developmental disabilities,	306
and rehabilitation and correction, and buildings of educational	307
and benevolent institutions under the management and control of	308
boards of trustees, are not subject to the control and	309
jurisdiction of the department of administrative services.	310

(D) Any instrument by which real property is acquired	311
pursuant to this section shall identify the agency of the state	312
that has the use and benefit of the real property as specified in	313
section 5301.012 of the Revised Code.	314

Sec. 1501.50.  (A) As used in this section:

315

(1) "State agency" means an organized body, office, or agency	316
that is established by the laws of the state for the exercise of	317
any function of state government.	318

(2) "Lease annual payments" means the state's share of the	319
annual royalties from the annual production of oil or natural gas	320
from a well pursuant to a lease entered into under this section.	321

(3) "Lease bonus payments" means the amount of money paid to	322
the state for the award of an oil or natural gas lease under this	323
section.	324

(B)(1) The department of natural resources has exclusive	325
authority to lease lands that are owned by the state and	326
administered by a state agency for the purpose of the exploration	327
for, development of, and production of oil or natural gas. The	328
extraction of oil or natural gas pursuant to a lease entered into	329
under this section shall not unreasonably interfere with the	330
primary use of the state land or unreasonably impact the scenic,	331
aesthetic, and environmental quality of land on which drilling	332
takes place as determined by the director of natural resources.	333

(2) Notwithstanding division (B)(1) of this section, the	334
department shall not enter into any lease for the purpose of the	335
exploration for, development of, and production of oil or natural	336
gas from and under the bed of Lake Erie unless such leases are	337
authorized by federal law.	338

(3) Notwithstanding division (B)(1) of this section, the	339
department shall not enter into any lease for the purpose of the	340
exploration for, development of, and production of oil or natural	341
gas from any land that is owned or maintained by the state or a	342
state agency if the state or state agency does not own, control,	343
or have an interest in the mineral rights in that land.	344

(C) The director of natural resources shall adopt rules in	345
accordance with Chapter 119. of the Revised Code that establish	346
all of the following:	347

(1) Procedures for the submission of a nomination of a parcel	348
of land that is owned or controlled by a state agency for the	349
purpose of the exploration for, development of, and production of	350
oil or natural gas under this section. In addition, the rules	351
shall require, not later than ninety days after the receipt of a	352
nomination, the director to either approve the nomination by	353
initiating the process for the submission of competitive bids for	354
the development or production of oil or natural gas on the	355
nominated parcel or deny the nomination. The rules shall require	356
that before the director makes a determination concerning a	357
nomination, the director consider all feasible drilling methods,	358
including directional drilling, and whether the nominated parcel	359
will comply with the requirements established in rules adopted	360
under division (C) of this section. The rules also shall require	361
the director if the director denies a nomination, to notify the	362
person that submitted the nomination of the denial and provide a	363
written explanation of the director's denial.	364

(2) Procedures for the submission and selection of	365
competitive bids, by drilling locations or acreage, after the	366
director approves a nomination by initiating the process for	367
submission of such bids to conduct drilling for the purpose of the	368
exploration for, development of, and production of oil or natural	369
gas under this section;	370

(3) Procedures and standards for establishing the terms and	371
conditions of leases entered into under this section. In addition,	372
the rules shall require that the terms and conditions of leases	373
entered into under this section ensure that the scenic, aesthetic,	374
and environmental quality of land on which drilling takes place is	375
maintained while maximizing revenue to the state. The rules also	376
shall establish guidelines for determining the amount of lease	377
annual payments and lease bonus payments under the terms and	378
conditions of a lease.	379

(4) Requirements applicable to drilling conducted in	380
accordance with a lease entered into under this section that are	381
necessary to maintain the scenic, aesthetic, and environmental	382
quality of land on which drilling takes place;	383

(5) Procedures in accordance with which a person may request	384
to be on a notification list for the purpose of receiving	385
notifications of the director's determinations under this section	386
and rules adopted under it. In addition, the rules shall require	387
the director to notify all persons on the notification list of the	388
director's determinations concerning nominations and the	389
submission and selection of competitive bids under this section	390
and rules adopted under it. The rules shall authorize the director	391
to provide the notice electronically or via other means as	392
determined by the director.	393

(6) Procedures and requirements for maximization of revenue	394
to the state;	395

(7) Any other procedures and requirements that the director	396
determines are necessary to implement this section and are	397
consistent with the purposes of this section.	398

(D) A lease entered into under this section shall be	399
conditioned on the lessee's satisfying all applicable state and	400
federal laws and regulations. The conditions shall include a	401
requirement that the lessee comply with Chapter 1509. of the	402
Revised Code and rules adopted under it.	403

(E) A lease that is entered into under this section may be	404
assigned by the lessee with the approval of the director.	405

(F) All money received by the director in payment for leases	406
entered into under this section shall be paid by the director into	407
the state treasury to the credit of the oil and natural gas lease	408
fund created in section 1501.51 of the Revised Code.	409

Sec. 1501.51.  (A) There is created in the state treasury the	410
oil and natural gas lease fund consisting of money credited to it	411
under section 1501.50 of the Revised Code. Any investment proceeds	412
earned on money in the fund shall be credited to the fund and used	413
as required in division (B) of this section.	414

(B) The director of natural resources shall use money in the	415
oil and natural gas lease fund to pay the costs of capital	416
projects for and improvements to state parks as described in	417
section 1501.07 of the Revised Code.	418

Sec. 1505.07.  Subject to the limitation set forth in section	419
1505.08 of the Revised Code, the director of natural resources,	420
with the approval of the director of environmental protection, the	421
attorney general, and the governor, may issue permits and make	422
leases to parties making application for permission to take and	423
remove sand, gravel, stone, and other minerals or substances from	424
and under the bed of Lake Erie other than oil or gas, either upon	425
a royalty or rental basis, as hethe director of natural resources	426
determines to be best for the state. Permits shall be issued for	427
terms of not less than one year nor more than ten years, and	428
leases shall be for a term of years or until the economic	429
extraction of the mineral or other substance covered thereby has	430
been completed. Such taking and removal shall be within certain	431
fixed boundaries that do not conflict with the rights of littoral	432
owners. Upon request from the holder of a permit, it shall be	433
canceled, but in the case of any permit or lease, any equipment or	434
buildings owned by the permittee or lessee shall be held as	435
security by the director of natural resources for payment of all	436
rentals or royalties due the state at the time of cancellation.	437

No person shall remove sand, gravel, stone, or other minerals	438
or substances from and under the bed of Lake Erie without first	439
obtaining a permit or lease therefor from the director.	440

The director of natural resources may, in accordance with	441
Chapter 119. of the Revised Code, adopt, amend, and rescind rules	442
for the administration, implementation, and enforcement of this	443
section.	444

Sec. 1531.06.  (A) The chief of the division of wildlife,	445
with the approval of the director of natural resources, may	446
acquire by gift, lease, purchase, or otherwise lands or surface	447
rights upon lands and waters or surface rights upon waters for	448
wild animals, fish or game management, preservation, propagation,	449
and protection, outdoor and nature activities, public fishing and	450
hunting grounds, and flora and fauna preservation. The chief, with	451
the approval of the director, may receive by grant, devise,	452
bequest, donation, or assignment evidences of indebtedness, the	453
proceeds of which are to be used for the purchase of such lands or	454
surface rights upon lands and waters or surface rights upon	455
waters.	456

(B)(1) The chief shall adopt rules for the protection of	457
state-owned or leased lands and waters and property under the	458
control of the division of wildlife against wrongful use or	459
occupancy that will ensure the carrying out of the intent of this	460
section, protect those lands, waters, and property from	461
depredations, and preserve them from molestation, spoilation,	462
destruction, or any improper use or occupancy thereof, including	463
rules with respect to recreational activities and for the	464
government and use of such lands, waters, and property.	465

(2) The chief may adopt rules benefiting wild animals, fish	466
or game management, preservation, propagation, and protection,	467
outdoor and nature activities, public fishing and hunting grounds,	468
and flora and fauna preservation, and regulating the taking and	469
possession of wild animals on any lands or waters owned or leased	470
or under the division's supervision and control and, for a	471
specified period of years, may prohibit or recall the taking and	472
possession of any wild animal on any portion of such lands or	473
waters. The division clearly shall define and mark the boundaries	474
of the lands and waters owned or leased or under its supervision	475
and control upon which the taking of any wild animal is	476
prohibited.	477

(C) The chief, with the approval of the director, may acquire	478
by gift, lease, or purchase land for the purpose of establishing	479
state fish hatcheries and game farms and may erect on it buildings	480
or structures that are necessary.	481

The title to or lease of such lands and waters shall be taken	482
by the chief in the name of the state. The lease or purchase price	483
of all such lands and waters may be paid from hunting and trapping	484
and fishing licenses and any other funds.	485

(D) To provide more public recreation, stream and lake	486
agreements for public fishing only may be obtained under rules	487
adopted by the chief.	488

(E) The chief, with the approval of the director, may	489
establish user fees for the use of special public facilities or	490
participation in special activities on lands and waters	491
administered by the division. The special facilities and	492
activities may include hunting or fishing on special designated	493
public lands and waters intensively managed or stocked with	494
artificially propagated game birds or fish, field trial	495
facilities, wildlife nature centers, firearm ranges, boat mooring	496
facilities, camping sites, and other similar special facilities	497
and activities. The chief shall determine whether the user fees	498
are refundable and shall ensure that that information is provided	499
at the time the user fees are paid.	500

(F) The chief, with the approval of the director, may enter	501
into lease agreements for rental of concessions or other special	502
projects situated on state-owned or leased lands or waters or	503
other property under the division's control. The chief shall set	504
and collect the fees for concession rentals or other special	505
projects; regulate through contracts between the division and	506
concessionaires the sale of tangible objects at concessions or	507
other special projects; and keep a record of all such fee payments	508
showing the amount received, from whom received, and for what	509
purpose the fee was collected.	510

(G) The chief may sell or donate conservation-related items	511
or items that promote wildlife conservation, including, but not	512
limited to, stamps, pins, badges, books, bulletins, maps,	513
publications, calendars, and any other educational article or	514
artifact pertaining to wild animals; sell confiscated or forfeited	515
items; and sell surplus structures and equipment, and timber or	516
crops from lands owned, administered, leased, or controlled by the	517
division. The chief, with the approval of the director, also may	518
engage in campaigns and special events that promote wildlife	519
conservation by selling or donating wildlife-related materials,	520
memberships, and other items of promotional value.	521

(H) The chief may sell, lease, or transfer minerals or	522
mineral rights, with the approval of the director, when the chief	523
and the director determine it to be in the best interest of the	524
state. Upon approval of the director, the chief may make, execute,	525
and deliver contracts, including leases, to mine, drill, or	526
excavate iron ore, stone, coal, petroleum, gas, salt, and other	527
minerals, other than oil or gas, upon and under lands owned by the	528
state and administered by the division to any person who complies	529
with the terms of such a contract. No such contract shall be valid	530
for more than fifty years from its effective date. Consideration	531
for minerals and mineral rights shall be by rental or royalty	532
basis as prescribed by the chief and payable as prescribed by	533
contract. Moneys collected under this division shall be paid into	534
the state treasury to the credit of the wildlife habitat fund	535
created in section 1531.33 of the Revised Code. Contracts entered	536
into under this division also may provide for consideration for	537
minerals or mineral rights in the form of acquisition of lands as	538
provided under divisions (A) and (C) of this section.	539

(I) All moneys received under divisions (E), (F), and (G) of	540
this section shall be paid into the state treasury to the credit	541
of a fund that shall be used for the purposes outlined in section	542
1533.15 of the Revised Code and for the management of other wild	543
animals for their ecological and nonconsumptive recreational value	544
or benefit.	545

(J) The chief, with the approval of the director, may barter	546
or sell wild animals to other states, state or federal agencies,	547
and conservation or zoological organizations. Moneys received from	548
the sale of wild animals shall be deposited into the wild animal	549
fund created in section 1531.34 of the Revised Code.	550

(K) The chief shall adopt rules establishing standards and	551
guidelines for the administration of contraceptive chemicals to	552
noncaptive wild animals. The rules may specify chemical delivery	553
methods and devices and monitoring requirements.	554

The chief shall establish criteria for the issuance of and	555
shall issue permits for the administration of contraceptive	556
chemicals to noncaptive wild animals. No person shall administer	557
contraceptive chemicals to noncaptive wild animals without a	558
permit issued by the chief.	559

(L) All fees set by the chief under this section shall be	560
approved by the wildlife council.	561

(M) Information contained in the wildlife diversity database	562
that is established pursuant to division (B)(2) of this section	563
and section 1531.25 of the Revised Code may be made available to	564
any individual or public or private agency for research,	565
educational, environmental, land management, or other similar	566
purposes that are not detrimental to the conservation of a species	567
or feature. Information regarding sensitive site locations of	568
species that are listed pursuant to section 1531.25 of the Revised	569
Code and of features that are included in the wildlife diversity	570
database is not subject to section 149.43 of the Revised Code if	571
the chief determines that the release of the information could be	572
detrimental to the conservation of a species or feature.	573

Section 2. That existing sections 123.01, 1505.07, and	574
1531.06 and sections 5119.40, 5120.12, and 5123.23 of the Revised	575
Code are hereby repealed.	576

Section 3.  Section 123.01 of the Revised Code is presented	577
in this act as a composite of the section as amended by both Am.	578
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	579
General Assembly, applying the principle stated in division (B) of	580
section 1.52 of the Revised Code that amendments are to be	581
harmonized if reasonably capable of simultaneous operation, finds	582
that the composite is the resulting version of the section in	583
effect prior to the effective date of the section as presented in	584
this act.	585