141-083-0810 Policies (1) The placement of fiber optic and other cables on state-owned land within the Territorial Sea is recognized by the Division as a conditionally allowable use of that land, subject to and consistent with the requirements and provisions of applicable international treaties (for example, the Convention for the Protection of Submarine Cables of 1884; the Convention of the High Seas of April 1958; the Convention on the Continental Shelf of April 1958; and the Submarine Cable Act) and other applicable federal, state, and local laws. (2) The State Land Board, through the Division, has a constitutional responsibility to manage “the lands under its jurisdiction with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management” pursuant to Article VIII, Section 5(2) of the Oregon Constitution. (3) The Division shall manage state-owned submerged and submersible land, including that within the Territorial Sea, to ensure the collective rights of the public to fully use and enjoy this resource for commerce, navigation, fishing, recreation, and other related public purposes consistent with applicable federal and state laws. (4) Easements for cables shall be located so as to: (a) Protect the public trust values of commerce (including fiber optic and other cable transmissions), navigation, fishing, and recreation; (b) Conserve living marine and other seabed resources; and (c) Avoid or reduce conflicts with other ocean users and industries. (d) Comply with all applicable local, state, and federal laws including Statewide Planning Goal 19. (5) The Division shall administer these rules to ensure to the greatest extent possible that: (a) Persons applying for, and holding a cable easement receive timely, consistent, predictable, and fair treatment; and (b) Public trust values (commerce, navigation, fishing, and recreation) are supported, protected and enhanced. (6) The Division may require the placement of cables along a route that has been determined by the agency, after consultation with the easement applicant, affected state and federal agencies, and other interested persons, to best meet the policies and goals of these rules. (7) The Division shall require that all cables be buried using the best available proven technology whenever Territorial Sea bottom conditions permit to a sufficient depth to minimize conflicts with other ocean users and industries, and recognizing the potential need to retrieve the cable for repair or removal. (8) The Division shall not recommend approval of a cable easement to the Land Board unless the Division finds that the applicant has met the provisions of these rules and the requirements of Statewide Planning Goal 19. (9) An approval of an easement by the State Land Board shall be conditional and not valid until the applicant has received all other authorizations required by the Division and other applicable local, state, and federal governing bodies for the placement of the cable in the Territorial Sea. Statutory/Other Authority: ORS 196.800 - 196.990 & 390.805 - 390.925 Statutes/Other Implemented: ORS 196.800 - 196.990 & 390.805 - 390.925 History: DSL 21-1999, f. & cert. ef. 11-1-99