reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0110 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board,
			 through the Department, has a constitutional responsibility to manage 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) All Trust Land will be managed in
			 accordance with the need to maximize long-term financial benefit to the Common
			 School Fund.
(3) The Department
			 will follow the guiding principles and resource-specific management
			 prescriptions contained in the Asset Management Plan, and consider the comments
			 received from federal, state, and local governments and interested persons when
			 determining whether to authorize or condition a special use authorization on
			 state-owned land.
(4) The use of
			 state-owned land for the placement of communications facilities is recognized
			 by the Department as a conditionally allowable use of that land, subject to and
			 consistent with the requirements and provisions of the Telecommunications Act
			 of 1996 and other applicable federal, state, and local laws.
(5) Each individual use of, or development
			 placed on state-owned land will constitute a separate discrete activity subject
			 to payment of compensation as required by these or other applicable Department
			 rules, or as determined by the Director.
(6) Uses of, and developments placed in, on
			 or over state-owned land pursuant to a special use authorization will conform
			 with local (including comprehensive land use planning and zoning ordinance
			 requirements), state, and federal laws.
(7) The Department will not grant a special
			 use authorization if it determines that the proposed use or development would
			 unreasonably impact uses or developments proposed or already in place within
			 the requested area. Such a determination will be made by the Department after
			 consulting with holders of leases, licenses, permits and easements granted by
			 the Department in the requested area, and other interested persons.
(8) All uses subject to these rules must be
			 authorized by a special use authorization issued by the Department.
			 Authorization to occupy state-owned land cannot be obtained by adverse
			 possession regardless of the length of time the use or development has been in
			 existence.
(9) The Department may:
(a) Conduct field inspections to determine if
			 uses of, and developments in, on or over state-owned land are authorized by, or
			 conform with the terms and conditions of a special use authorization and, if
			 not,
(b) Pursue whatever remedies
			 are available under law to ensure that the unauthorized uses subject to a
			 special use authorization are either brought into compliance with the
			 requirements of these rules or removed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0120 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Agriculture"
			 means the cultivation of land to grow crops or the raising of livestock.
(2) "Applicant" is any person
			 applying for a special use authorization.
(3) "Appraised Value" means an estimate of
			 the current fair market value of property derived by disinterested persons of
			 suitable qualifications, for example, a licensed independent appraiser.
(4) "Asset Management Plan" is the
			 plan adopted by the State Land Board that provides the policy direction and
			 management principles to guide both the short and long term management by the
			 Department of State Lands of the Common School Fund's real estate assets.
(5) "Authorized" is the area of
			 state-owned land defined in the special use authorization for which a use is
			 authorized.
(6) "Biomass" refers
			 to renewable organic matter such as agricultural crops and residue, wood and
			 wood waste, animal and human waste, aquatic plants and organic components of
			 municipal and industrial wastes.
(7) "Biomass Generating Facility" includes,
			 but is not limited to the furnaces, boilers, combustors, digesters, gasifers,
			 turbine systems and other related equipment used to produce electricity, steam,
			 heat, or biofuel from biomass.
(8)
			 "By-Products" means all commercially valuable products other than heat energy
			 obtained in conjunction with the development of Geothermal Resources excluding
			 oil, hydrocarbon gas, and other hydrocarbon substances.
(9) "Commercial" means a use that results in
			 or is associated with any monetary consideration or gain.
(10) "Commercial Electrical Energy Generating
			 Installation"
(a) Is any electrical energy
			 generating facility:
(A) Operated as a
			 commercial venture (as contrasted to being operated as a demonstration
			 project);
(B) Connected to the
			 regional power grid and used to meet local or regional demand for electricity;
			 or
(C) Used to meet all or part of
			 the electricity demand by a person who may otherwise have to purchase the
			 electricity produced by the facility from another source.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0130 - Application Requirements for a Lease or License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person wanting to use state-owned
			 land for any of the purposes described in OAR
			 141-125-0100(2) and
			 (3)  must:
(a) Apply in writing to the Department for a
			 lease or license using a form provided by the Department; and
(b) Submit a non-refundable application
			 processing fee payable to the Department to cover the administrative costs of
			 processing the application and issuing the authorization.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0140 - Lease or License Application Review and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of
			 an application for a lease or license, the Department will determine:
(a) If the application is complete;
(b) If the subject area is
			 available for the requested use;
(c) What method will be used to determine the
			 amount of compensation payable to the Department pursuant to OAR
			 141-125-0150  and 0160;
(d) If a lease or
			 license under these rules is the required form of authorization, and
(e) If additional information is required
			 concerning the:
(A) Proposed use of the state
			 land; and
(B) Applicant's
			 financial status, or past business or management practices, or both.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0150 - Competitive Bidding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in OAR
			 141-125-0110(10)
 
			 and
			 141-125-0140(11),
			 the Department will determine on a case-by-case basis if an area requested for
			 a lease will be offered to the public through competitive bidding. This
			 decision will be made after considering:
(a)
			 Whether the area requested for a lease is for a use located on Trust or
			 Non-Trust Land;
(b) The nature of
			 the use and length of authorization requested;
(c) The availability of reliable data
			 regarding the comparative compensatory payments for the proposed use;
			 and
(d) Whether other applications
			 are received by the Department to use the same area requested for the same or
			 competing uses.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0160 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To establish
			 the amount of annual compensation or minimum bid at auction, the Department
			 will:
(a) Adhere to the policies contained in
			 OAR 141-125-0110(1) and (2)  of these rules, and
(b) Whenever practicable, base the amount on
			 comparative compensatory payments for publicly or privately-owned parcels
			 located as close as possible to the state-owned land requested by an applicant.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0170 - General Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The term of a special use lease will not exceed 30 years unless otherwise
			 approved by the Director. The Department will determine the length of a lease
			 based on the nature of the use intended for the requested site. The Department
			 may, at its discretion, provide as a provision of the lease that it may be
			 renewed for a term to be determined by the Department.
(2) The term of a license will be less than
			 three years. A license may, upon receipt by the Department of a written
			 request, be renewed up to two times at the discretion of the Department for a
			 maximum term of one year each time.
(3) Leases and licenses will be offered by
			 the Department for the minimum area determined by the Department to be required
			 for the requested use.
(4) A
			 special use authorization issued by the Department will be on a form supplied
			 by the Department that has been approved for legal sufficiency by the
			 Department of Justice pursuant to ORS
			 291.045 to
			 291.047 (Public Contract
			 Approval).
(5) The holder of a
			 lease or license may request the Department close all or portions of the
			 authorized area to public entry or restrict recreational use by the public to
			 protect the persons, property, developments and/or crops from harm.
(6) The Department or its authorized
			 representative(s) will have the right to enter into and upon the authorized
			 area at any time for the purposes of inspection or management, or to conduct
			 noxious plant or pest abatement, or for wildfire control.
(7) The holder of a special use authorization
			 must dispose of all waste in a proper manner and must not permit debris,
			 garbage or other refuse to either accumulate within the authorized area or be
			 discharged into any waterway.
(8)
			 Unless otherwise agreed to in writing as a provision of the authorization, the
			 holder of a special use authorization may not interfere with lawful public use
			 of an authorized area, or obstruct free transit across state land, or
			 intimidate or otherwise threaten or harm public users of state land.
(9) The holder of a special use authorization
			 must cooperate and comply with:
(a)
			 Appropriate county agencies and the Oregon Department of Agriculture in the
			 detection, prevention and control of noxious plants. The Department will rely
			 on the Oregon Department of Agriculture for information concerning which
			 noxious plants present on an authorized area require corrective action by the
			 lessee or licensee, or the Oregon Department of Agriculture or its agents;
(b) The Oregon Department of
			 Agriculture and the Department in the management of plant pests and diseases;
			 and
(c) The Department and other
			 agencies in the detection, prevention and control of wildfires on an authorized
			 area.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0180 - Insurance and Bond

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department, in the exercise of its reasonable discretion, may require the
			 holder of a special use authorization to obtain insurance in a specified amount
			 if the use, in the opinion of the Department, constitutes a risk to public
			 safety, or to the State of Oregon.
(2) The Department may request that the
			 applicant for, or the holder of a special use authorization provide information
			 concerning the use of the area to the Risk Management Division of the Oregon
			 Department of Administrative Services, which may assist the Department in
			 determining the appropriate amount of insurance coverage based on the nature of
			 the use.
(3) The Department may, at
			 its discretion, require that the holder of a special use authorization obtain a
			 surety or bid bond in an amount specified by the Department (or a cash deposit
			 in an amount equal to the surety bond and which names the State of Oregon as
			 co-owner) to ensure that they will perform in accordance with all terms and
			 conditions of an authorization.
Stat. Auth.: ORS 273
Stats. Implemented: OR Const. Art. VIII, Sec. 2 &
				  5
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0190 - Termination of a Special Use Lease, License or Short Term Access Authorization For Default

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 holder of a special use authorization fails to comply with these rules or the
			 terms and conditions of the authorization, or otherwise violates laws governing
			 their use of the authorized area, the Department will notify the holder of the
			 authorization in writing of the default and demand correction within a
			 specified time frame.
(2) If the
			 holder of a special use authorization fails to correct the default within the
			 time frame specified, the Department may:
(a)
			 Modify or terminate the authorization; and
(b) Request the Attorney General to take
			 appropriate legal action against the holder of the authorization.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0200 - Assignment of Special Use Leases and Permits; Subleasing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A lease in good standing is
			 assignable.
(2) Licenses and
			 short-term access authorizations are non-assignable.
(3) To assign a lease, the lessee must submit
			 a:
(a) Notice of proposed assignment on a form
			 provided by the Department at least 60 calendar days prior to the date that the
			 assignment is to occur; and
(b)
			 Non-refundable assignment processing fee of $750 payable to the
			 Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0205 - Short Term Access Authorization Application Requirements, Review and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A short-term
			 access authorization is required for any use of state-owned land that is not
			 specifically governed by other Department administrative rules. Examples of
			 types of uses that may require a short-term access authorization are:
(a) An academic research or educational
			 project;
(b) A scientific
			 experiment that requires the exclusive use of a parcel of land;
(c) Collection of geologic or vegetative
			 samples; and
(d) Removal of juniper
			 for non-commercial purposes.
(e)
			 Other uses or developments determined by the Director based on their impacts on
			 state-owned land.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0210 - Enforcement Actions; Civil Penalties and Other Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the Director's own initiative, or in
			 response to a complaint, the Director may investigate a suspected violation of
			 a special use authorization or the alleged unauthorized use of state land to
			 determine if use of the state land conforms with the terms and conditions of a
			 special use authorization, or to determine if the use is not
			 authorized.
(2) In conducting the
			 inspection relative to suspected or alleged violations of a special use
			 authorization issued by the Director, the Director, or the Director's agent,
			 may enter onto private property of the holder of the authorization in order to
			 determine if a violation has occurred.
(3) Upon a determination that a violation of
			 the special use authorization has occurred or that an unauthorized use of state
			 land has occurred, the Director may exercise the remedies set forth in the
			 special use authorization, any other remedies available at law, or impose civil
			 penalties consistent with OAR 141-125-0210(4), below.
(4) The unauthorized use of state-owned
			 submerged and submersible land or a violation of a special use authorization
			 granted under these rules authorizing the use of state-owned submerged and
			 submersible land are a violation of ORS
			 274.040 and OAR 141-082. In
			 addition to any other penalty or sanction provided by law, the Director may
			 assess a civil penalty pursuant to ORS
			 274.992,
			 274.994, and OAR 141-082-0130
			 for the unauthorized use of state-owned submerged and submersible land, or for
			 the violation of a special use authorization granted under these rules
			 authorizing the use of state-owned submerged and submersible land.
Stat. Auth.: ORS 273
Stats. Implemented: OR Const. Art. VIII, Sec. 2 &
				  5
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0220 - Reconsideration of Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant for a special use authorization, or any other person adversely
			 affected by the issuance or denial of special use authorization on state-owned
			 land may request that the Director or the Land Board, depending upon which
			 entity made the decision, reconsider the decision:
(a) Such a request must be received by the
			 Director no later than 30 calendar days after the date of delivery of the
			 decision.
(b) The Director will
			 review the request within 60 calendar days after the date of delivery of the
			 request.
(c) If the Director made
			 the decision of concern, s/he may affirm the decision, issue a new or modified
			 decision, or request the applicant to submit additional information to support
			 the appeal.
(d) If the decision was
			 made by the Land Board, the Director may recommend to the Land Board either
			 that the special use authorization issuance or denial be affirmed based on the
			 merits of the request, or that the Land Board authorize initiation of a
			 contested case proceeding.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 130 - AGREEMENTS FOR VOLUNTEER SERVICES › Section 141-130-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 141, division 130 is to establish
				procedures for volunteer associations to enter into agreements with the
				Department of State Lands to provide volunteer services. These services may
				include assistance with program implementation, maintenance or improvement of
				state lands administered by the department, and interpretative and educational
				programs.
Stat. Auth.: ORS
				  273.196 -
				  273.199 &
				  273.045
Stats. Implemented: ORS
				  273.196 -
				  273.199
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 130 - AGREEMENTS FOR VOLUNTEER SERVICES › Section 141-130-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to this division:
(1) "Agreement" means a form signed by a volunteer association and the department.
(2) "Department" means the Department of State Lands.
(3) "Director" means the director of the Department of State Lands or designee.
(4) "State land facility" means a building or other structure located on lands owned by or under the control of the department.
(5) "Volunteer association" means:
(a) An entity that is tax exempt under section  501(c)(3) of the Internal Revenue Code including a group of individuals, volunteer group, service club;
(b) A private, non-profit scientific, historic, or educational organization organized solely for the purpose of providing interpretative services for state land facilities in Oregon;
(c) A business; or
(d) A state or federal agency other than the Department of State Lands.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 130 - AGREEMENTS FOR VOLUNTEER SERVICES › Section 141-130-0030 - Volunteer Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 volunteer association may request that the department enter into an agreement
			 with the association to allow volunteers to participate in:
(a) The operation of department
			 programs;
(b) The maintenance or
			 improvement of state lands or state land facility; or
(c) Providing educational and interpretive
			 programs and information to the public.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 130 - AGREEMENTS FOR VOLUNTEER SERVICES › Section 141-130-0040 - Guidelines for Approval of Interpretive and Educational Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The state land
			 facility manager has final approval authority for any items sold or displayed
			 by a volunteer association at a state land facility. The following guidelines
			 apply to any sales or displays:
(a) An
			 association may display educational or interpretive products;
(b) A private, non-profit scientific,
			 historic or educational organization organized solely for the purpose of
			 providing interpretive services for state land facilities in Oregon may sell
			 educational or interpretive products; and
(c) The products should relate to, be
			 consistent with and provide information about or promote the mission, cultural,
			 natural or historical features of the state land facility, the state lands, or
			 the surrounding region.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0010 - Applicability and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules apply to the construction and operation of ocean renewable energy
			 facilities placed on, in or over state-owned submerged and submersible land in
			 the territorial sea. This includes infrastructure physically connected to an
			 ocean renewable energy facility that crosses state-owned submerged and
			 submersible lands adjacent to the territorial sea.
(2) These rules do not apply to:
(a) Docks, infrastructure, facilities or
			 structures on, in or over state-owned submerged and submersible land in the
			 territorial sea that are not part of an ocean renewable energy facility.
			 Proprietary authorizations for such docks, infrastructure, facilities or
			 structures which are not defined as related or supporting structures are
			 governed by the provisions of OAR 141-082;
(b) Scientific experiments and scientific
			 equipment that are not part of an ocean renewable energy facility placed on, in
			 or over state-owned submerged and submersible land in the territorial sea.
			 Proprietary authorizations for such uses are governed by the provisions of OAR
			 141-125;
(c) The granting and
			 renewal of easements for electricity transmission, telecommunication and other
			 cables in the territorial sea that are not related to an ocean renewable energy
			 facility authorized under these rules. These cables are governed by the
			 provisions of OAR 141-083.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "
Applicant
" is any person applying for a temporary use
			 authorization or ocean renewable energy facility lease.
(2) "
Authorized Area
" is the
			 maximum area of state-owned land on, in or over which the Department will allow
			 a person to construct and operate an ocean renewable energy facility under the
			 terms and conditions of a temporary use authorization or ocean renewable energy
			 facility lease. Included within the authorized area are:
(a) Any corridors on state-owned submerged
			 and submersible land within, and adjacent to, the territorial sea for a related
			 or supporting structure, including but not limited to electricity transmission
			 or other cables necessary to connect the ocean renewable energy facility to
			 land-based facilities; and
(b) Any
			 required buffers, exclusionary or safety zones.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0045 - First Right to Apply

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0050 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person wanting to attain a temporary use authorization or ocean renewable
			 energy facility lease under these rules shall:
(a) Comply with the provisions of OAR
			 141-140-0040;
(b) Apply in writing
			 to the Department for either a temporary use authorization or an ocean
			 renewable energy facility lease using a form provided by the Department;
			 and
(c) Submit an application
			 processing fee payable to the Department to cover the administrative costs of
			 processing the application and issuing the authorization.
(A) The non-refundable application processing
			 fee for a temporary use authorization is $5,000.
(B) The application processing fee for an
			 ocean renewable energy lease includes:
(i) A
			 non-refundable application processing fee of $5,000; and
(ii) $1,000 per megawatt for each megawatt
			 capacity in excess of five megawatts. A portion of this fee may be refundable
			 upon written consent between the applicant and the Director.
(C) Considerations for a partial
			 refund under OAR 141-140-0050(1)(c)(B)  may include:
(i) The estimated expenditures accrued by the
			 Department in processing all phases of the application;
(ii) The reason for the withdrawal of the
			 application; and
(iii) Any other
			 foreseeable expenditure that may be associated with the Department's
			 administration of the proposed action.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0060 - Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon
			 receipt of an application for a temporary use authorization or ocean renewable
			 energy facility lease, the Department will determine if it is complete.
			 Applications determined by the Department to be incomplete may be returned to
			 the applicant with an explanation of the reason(s) for rejection.
(2) If a rejected application is 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, no additional application fee will be
			 assessed.
(3) The Department may
			 deny an application for a temporary use authorization or ocean renewable energy
			 facility lease if the applicant is currently in default or non-compliance with
			 any proprietary or regulatory authorization that has been issued by the
			 Department; or if the applicant's financial status or past business or
			 management practices indicate that the applicant may not:
(a) Fully meet the terms and conditions of
			 the authorization or lease; or
(b)
			 Use the authorized area applied for in a way that meets the provisions of these
			 rules.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0070 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The holder of a
			 temporary use authorization to conduct a research project or demonstration
			 project shall annually remit to the Department a payment in the greater amount
			 of $500 or $5.00 per acre of land within the authorized area. This annual
			 payment shall be due to the Department until such time that the:
(a) Research project or demonstration project
			 is completed and the ocean renewable energy facility is removed from the
			 authorized area pursuant to the terms and conditions of the temporary use
			 authorization and these rules;
(b)
			 The temporary use authorization expires or is terminated by either the holder
			 of the authorization or the Department and the ocean renewable energy facility
			 is removed pursuant to the terms and conditions of the temporary use
			 authorization and these rules; or
(c) Placement of an ocean renewable energy
			 facility for commercial operation is authorized by an ocean renewable energy
			 facility lease issued by the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0080 - General Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Department shall only offer a standard form of temporary use authorization
			 or ocean renewable energy lease that has been approved by the Department of
			 Justice.
(2) An ocean renewable
			 energy facility lease issued under these rules shall require approval by the
			 State Land Board.
(3) Unless
			 otherwise approved by the Director, the term of a temporary use authorization
			 shall not be more than five calendar years.
(4) Unless otherwise approved by the State
			 Land Board, the term of an ocean renewable energy facility lease shall not be
			 more than 30 years.
(5) Temporary
			 use authorizations and ocean renewable energy facility leases shall be offered
			 by the Department for an authorized area that is the minimum amount of area
			 determined by the Department to be required for the proposed ocean renewable
			 energy facility.
(6) The applicant
			 shall have 60 calendar days from the date of offer to execute a temporary use
			 authorization or ocean renewable energy facility lease with the Department. The
			 Department may revoke the offer after 60 calendar days, at which time the
			 applicant may re-apply for an authorization in accordance with the provisions
			 of these rules.
(7) The holder
			 shall:
(a) Take all reasonable precautions to
			 protect persons, property and equipment from harm; and
(b) Dispose of all waste in a proper manner
			 and shall not permit debris, garbage or other refuse to either accumulate
			 within the authorized area or be discharged into any waters of the state;
			 and
(c) Conduct all operations
			 within the authorized area in a manner that conserves fish and wildlife habitat
			 and protects marine water and air quality pursuant to the requirements of
			 Statewide Planning Goal 19; and
(d)
			 Maintain all structures and improvements located within the authorized area in
			 a good state of repair.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0090 - Insurance and Bond

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may require the holder of a temporary use authorization or lessees
			 to obtain liability insurance in specified amounts if the use, in the opinion
			 of the Department, constitutes a risk to other uses of the ocean or the ocean
			 shore, to public safety or to the State of Oregon, or if required by Oregon
			 state law. The Department may require that the State of Oregon be named as an
			 additional insured party in any such policy.
(2) The Department:
(a) Shall determine the coverages and amounts
			 of the insurance the holder of a temporary use authorization and lessees must
			 obtain based on the nature and location of the use, any requirements of law,
			 and any other unique factors of the proposed use determined to be relevant by
			 the Department, and
(b) May consult
			 with the Risk Management Division of the Oregon Department of Administrative
			 Services to determine the amount of insurance coverage required.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0095 - Financial Assurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 holder must maintain cost estimates of the amount of financial assurance that
			 is necessary, and demonstrate to the Department evidence that the holder has in
			 effect the amount and form of required financial assurance for:
(a) The costs of closure and post-closure
			 maintenance of the facility or device, excluding the removal of anchors, cables
			 or any other equipment that lies at least one meter beneath submerged lands in
			 the territorial sea; and
(b) Any
			 corrective action, required by the Department or any other local, state or
			 federal government agency with jurisdiction over the site, to be taken at the
			 site of the ocean renewable energy monitoring equipment or ocean renewable
			 energy facility.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0100 - Termination of a Temporary Use Authorization or Energy Facility Lease

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The failure of
			 a holder to comply with these rules or the terms and conditions of a temporary
			 use authorization or an ocean renewable energy facility lease, or violation of
			 other laws covering the use of their authorized area, shall constitute a
			 default.
(2) The Department shall
			 notify the holder in writing of the default and demand correction within 30
			 calendar days from the date of notice.
(3) The Director may extend the time period
			 allowed to correct a default. An extension by the Director must be in
			 writing.
(4) If the holder fails to
			 correct the default within the time frame specified, the Department may:
(a) Modify or terminate the temporary use
			 authorization or an ocean renewable energy facility lease; and/or
(b) Request the Attorney General to take or
			 cause to be taken appropriate legal action against the lessee or holder of the
			 temporary use authorization.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0110 - Assignment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A temporary use
			 authorization is not assignable.
(2) An ocean renewable energy facility lease
			 in good standing is assignable with prior written consent of the Department.
(a) To assign an ocean renewable energy
			 facility lease, the lessee shall submit to the Department a:
(A) Notice of proposed assignment on a form
			 provided by the Department at least 90 calendar days (unless otherwise approved
			 by the Director in writing) prior to the date that the assignment is to occur;
			 and
(B) Non-refundable assignment
			 processing fee of $1,000 payable to the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0115 - Modification for Use or Size

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 holder shall not change the number, location or types of structures or make any
			 use of the authorized area that is not specifically authorized by a prior
			 written authorization issued by the Department.
(2) In order to modify an authorization, the
			 holder shall submit to the Department a:
(a)
			 Notice of proposed modification on a form provided by the Department at least
			 90 calendar days (unless otherwise approved by the Director in writing) prior
			 to the date that the modification is to occur; and
(b) Non-refundable processing fee of $1,000
			 payable to the Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0120 - Reconsideration of Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant for a temporary use authorization or ocean renewable energy facility
			 lease, or any other person adversely affected by the issuance or denial of
			 temporary use authorization or an ocean renewable energy facility lease may
			 request that the Director or the State Land Board, depending on which entity
			 made the decision, reconsider the decision. A request for reconsideration must
			 be filed within 30 days of the issuance or denial, consistent with the
			 authority in ORS
			 183.480.
(2) When an applicant for an authorization
			 under these rules or any other person adversely affected by a decision of the
			 Department concerning an authorization under these rules has exhausted the
			 appeal process before the Director, s/he may submit an appeal for a contested
			 case hearing pursuant to ORS
			 183.413 through
			 183.470.
Statutory/Other Authority: ORS 183, ORS
				  274.870-879,
				  ORS 273 & ORS 274
Statutes/Other Implemented: ORS
				  274.870-879
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0130 - Enforcement Actions; Civil Penalties; and Other Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may:
(a) Conduct field inspections to determine if
			 uses of, and developments on, in or over state-owned submerged and submersible
			 land are authorized by, or conform with the terms and conditions of a temporary
			 use authorization or an ocean renewable energy facility lease and, if
			 not,
(b) Pursue whatever remedies
			 are available under law to ensure that any use that is in violation of the
			 terms or conditions of a temporary use authorization, an ocean renewable energy
			 facility lease, or other Department issued authorizations is either brought
			 into compliance with the requirements of these rules or other applicable law,
			 or removed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0100 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules govern the Oregon Ocean Science Trust (OST).
Statutory/Other Authority: ORS
				  196.565(6)
Statutes/Other Implemented: ORS
				  196.565-196.569
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0110 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OST shall
			 promote peer-reviewed, competitive research and monitoring that leads to
			 increased knowledge and understanding of Oregon's ocean and coastal
			 resources.
(2) The OST shall
			 promote innovative, collaborative, community-oriented, multi-institutional
			 approaches to research, monitoring and data management related to Oregon's
			 ocean and coastal resources.
(3)
			 The OST shall enhance this state's capacity for peer-reviewed scientific ocean
			 and coastal research; and
(4) The
			 OST shall, subject to available funding, establish and execute a competitive
			 grant program to conduct research and monitoring related to Oregon's ocean and
			 coastal resources. [2013 c.776 §2]
Statutory/Other Authority: ORS
				  196.565(6)
Statutes/Other Implemented: ORS
				  196.565-196.569
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0120 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Ocean Science
			 Trust (OST)" has the meaning provided in ORS
			 196.565.
(2) "Oregon's Ocean and Coastal Resources"
			 means the ocean and coast resources under the jurisdiction of the state of
			 Oregon and adjacent waters.
(3)
			 "Period of Performance" means the period between the project start and end
			 dates as specified in the executed grant agreement.
(4) "Person" means any individual or
			 entity.
(5) "Science and Technical
			 Advisory Committee (STAC)" has the meaning provided in ORS
			 196.451.
(6) "Technical Review" means a review of the
			 proposed projects requested by the OST and performed by individuals qualified
			 by their experience to evaluate proposed activities.
Statutory/Other Authority: ORS
				  196.565(6)
Statutes/Other Implemented: ORS
				  196.565-196.569
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0130 - Competitive Grants Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 OST shall oversee a competitive grants process that will carry out funding
			 priorities established by the OST.
(2) The OST, or a third party administrator
			 selected by the OST, shall solicit and review proposals to address the funding
			 priorities.
(3) The OST may use a
			 portion of funds available to support the administrative costs of the OST or
			 the costs of a third party administrator selected by the OST.
(4) The competitive grants process shall
			 consist of the following:
(a) Development of a
			 request for proposals (RFP).
(A) The OST shall
			 develop an RFP for each grant cycle.
(B) Pre-proposals may be requested depending
			 on the scope of the RFP. Requirements of any pre-proposals will be described in
			 the RFP.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0140 - Management of data reporting and data management requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Data and
			 information collected or created under OST grants must be publicly visible and
			 accessible in a timely manner at no cost, with the exception of reproduction
			 costs, in a format which is machine-readable and based on open standards along
			 with the metadata necessary to find and properly use the data.
(2) The grant agreement shall stipulate when
			 data access must be provided. The data access deadline shall be no later than
			 two years after the performance period end except where limited by law,
			 regulation, policy or by security requirements.
(3) The RFP shall stipulate requirements for
			 proposals to include data management and accessibility plans.
(4) Applicants who fail to share data as
			 required in the grant agreement may be subject to a number of sanctions
			 including but not limited to denial of future awards, freezing of funds in any
			 current awards or repayment of the award.
Statutory/Other Authority: ORS
				  196.565(6)
Statutes/Other Implemented: ORS
				  196.565-196.569
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0150 - Request for Qualifications (RFQ)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The OST may request qualifications in order to support a project or activity
			 that has not been proposed for funding through the competitive grants process
			 but may be necessary for the OST to address one or more funding
			 priorities.
(2) Proposals submitted
			 by qualified applicants shall be managed in the same manner as outlined in OAR
			 141-141-0130  and 141-141-0140  above.
Statutory/Other Authority: ORS
				  196.565(6)
Statutes/Other Implemented: ORS
				  196.565-196.569
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 141 - RULES GOVERNING THE OREGON OCEAN SCIENCE TRUST › Section 141-141-0160 - Competitive Grants Program Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The OST shall request that the
			 competitive grants program be evaluated at regular intervals by the STAC based
			 on evaluation criteria developed by the STAC in consultation with the
			 OST.
(2) Results of the evaluation
			 will be communicated to the Oregon State Legislature, the State Land Board and
			 the public.
Statutory/Other Authority: ORS
				  196.565(6)
Statutes/Other Implemented: ORS
				  196.565-196.569