141-140-0045 First Right to Apply (1) A holder in good standing of a special use license administered under OAR 141-125 to collect scientific data on ocean renewable energy resources in the territorial sea shall be given a first right to apply for a temporary use authorization for a demonstration project under these rules. This first right applies to one contiguous authorized area per licensee, and for no larger of an area than 53 acres. For example, an area of 0.25 nautical miles by 0.25 nautical miles. The first right shall terminate if not exercised within 60 calendar days of the expiration date of the special use license: (a) Upon receipt of a preliminary application from the licensee, the Department will review it for completeness and to determine if it is for a use that conforms to the provisions of these rules. If the preliminary application is complete and the use conforms to the provisions of these rules, the licensee’s application will be deemed accepted by the Department. (b) If the licensee’s preliminary application is incomplete, then the application must be resubmitted within 60 calendar days from the date that the Department returned it to the applicant (as indicated by the date of the postmark) with all deficiencies noted by the Department corrected. Failure to resubmit a complete preliminary application within the allotted 60 calendar days shall result in the termination of the first right to apply. (c) If the Department receives a complete preliminary application from another person for an area covered under the special use license, the Department shall provide written notice to the licensee of the existing authorization that an application has been received by the Department. Within 60 calendar days from the date of written notice from the Department, the licensee must provide the Department written notice of the licensee’s intent to exercise the first right to apply, and submit a preliminary application for a temporary use authorization to the Department. Failure to provide written notice and a preliminary application within 60 calendar days from the date of the Department’s written notice shall result in the termination of the first right to apply (2) A holder in good standing of a temporary use authorization to conduct a demonstration project shall be given a first right to apply for an ocean renewable energy facility lease under these rules. This first right applies to one contiguous authorized area per holder, and for no larger of an area than 53 acres. For example, an area of 0.25 nautical miles by 0.25 nautical miles. The first right shall terminate if not exercised within 60 calendar days of the expiration date of the temporary use authorization: (a) Upon receipt of a preliminary application for an ocean renewable energy facility lease from the holder of a temporary use authorization, the Department will review it for completeness and to determine if it is for a use that conforms to the provisions of these rules. If the application is complete and the use conforms to the provisions of these rules, the application will be deemed accepted by the Department. (b) If the holder of a temporary use authorization’s preliminary application is incomplete, then, the application must be resubmitted within 60 calendar days from the date that the Department returned it (as indicated by the date of the postmark) with all deficiencies noted by the Department corrected. Failure to resubmit a complete application within the allotted 60 calendar days shall result in the termination of the first right to apply. (c) If the Department receives a complete preliminary application from another person for an area covered under the temporary use authorization, the Department shall provide written notice to the holder of the existing temporary use authorization that an application has been received by the Department. Within 60 calendar days from the date of written notice from the Department, the holder of a temporary use authorization must provide the Department written notice of their intent to exercise the first right to apply, and submit a preliminary application for a lease to the Department. Failure to provide written notice and a preliminary application within 60 calendar days from the date of the Department’s written notice shall result in the termination of the first right to apply. Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 196.485(3) & ORS 196.405-583 History: DSL 5-2017, adopt filed 12/28/2017, effective 01/01/2018