141-140-0030 Policies (1) Pursuant to Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board, through the Department, manages all land (Trust and Non-Trust) 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." (2) Pursuant to Oregon law as defined in ORS 274, all tidally influenced and title navigable waterways (referred to as state-owned submerged and submersible land) have been placed by the Oregon State Legislature under the jurisdiction of the State Land Board and the Department, as the administrative arm of the State Land Board. (3) State-owned submerged and submersible lands are managed to ensure the collective rights of the public, including riparian owners, to fully use and enjoy this resource for commerce, navigation, fishing, recreation and other public trust values. These rights are collectively referred to as “public trust rights.” (4) The Department will follow the guiding principles and resource-specific management prescriptions contained in its Real Estate Asset Management Plan, and consider the comments received from various local, state and federal agencies, other interested persons including, but not limited to tribal governments, port districts, business and community organizations, and fisher, recreationist and conservation groups, and the holders of Department-issued authorizations within or immediately adjacent to the requested area when determining whether to authorize or condition a temporary use authorization or ocean renewable energy facility lease. (5) Pursuant to Part Five of the Territorial Sea Plan, “Oregon prefers to develop renewable energy through a precautionary approach that supports the use of pilot projects and phased development in the initial stages of commercial development.” (6) Pursuant to ORS 274.873: (a) A person may not construct or operate an ocean renewable energy facility within Oregon’s territorial sea without a proprietary authorization issued by the Department of State Lands and as provided by the Department by rule, or in a manner contrary to the conditions set out in the authorization; (b) An application for a proprietary authorization under this section must include all of the information required by that part of the Territorial Sea Plan that addresses the development of ocean renewable energy facilities in the territorial sea; (c) The Department may not issue a proprietary authorization for an ocean renewable energy facility that does not comply with the criteria described in that part of the Territorial Sea Plan that addresses the development of ocean renewable energy facilities in the territorial sea; and (d) The department shall incorporate the terms and conditions of the removal or fill permit required for the ocean renewable energy facility into the proprietary authorization. (7) The Department shall not grant a temporary use authorization or an ocean renewable energy facility lease if it determines that the proposed use or development: (a) Does not meet the requirements of Statewide Planning Goal 19 and the Oregon Ocean Resources Management Plan and the Territorial Sea Plan; or (b) Substantively impairs lawful uses or developments already occurring within the proposed authorized area. This determination will be made by the Department after consulting with holders of leases, authorizations, permits and easements in, and immediately adjacent to the requested area, and other interested persons. (8) Any transmission line or other cable authorized as part of a facility under these rules is subject to the implementation requirements of Part Four of the Territorial Sea Plan. (9) All administrative fees delineated in these rules shall be adjusted on January 1 of every year based on Portland-Salem, OR-WA Consumer Price Index for All Urban Consumers for All Items as published by Labor Statistics of the US Department of Labor. The calculated adjustment shall be rounded up to the nearest dollar. Statutory/Other Authority: ORS 183, ORS 274.870-879, ORS 273 & ORS 274 Statutes/Other Implemented: ORS 274.870-879 History: DSL 5-2017, amend filed 12/28/2017, effective 01/01/2018 DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07