Or. Admin. Code § 141-087-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-087-0020 - Division Notice to Applicants

When the Division determines that any of the applications described in OAR 141-087-0015 are for projects to be located on land within the jurisdiction of the Board, the Division shall notify the applicant and the agency to which the application has been made, advising:

(1) That the proposed project is on lands within the jurisdiction of the Board.

(2) That prior to commencing construction of the proposed project, the applicants must obtain a lease or easement from the Board.

(3) The Board has determined that the location of a hydroelectric project in any of the following locations or circumstances would not be consistent with the conservation of the resource under sound techniques of land management and thus, a lease or easement shall not be granted if the proposed project:

(a) Is located in any of the following areas:

(A) National parks;

(B) National monuments;

(C) State parks;

(D) State wildlife refuges;

(E) Bureau of Land Management areas of critical environmental concern established under Public Law 94-579;

(F) Federal research natural areas established under 43 CFR 2070 or 36 CFR 200 ;

(G) Scenic waterways designated under ORS 390.805 to 390.925;

(H) Wild and scenic rivers established under Public Law 90-542;

(I) Wilderness areas established under Public Law 88.577;

(J) Estuarine sanctuaries established under Public Law 92-583;

(K) State dedicated natural heritage areas established under ORS 273 .563 and 273.591;

(L) Waterways in which anadromous salmon and steelhead or their habitat are located, except when a developer proposes to modify an existing facility or existing project in such a manner which will restore, enhance, or improve anadromous fish populations within the river system.

(M) Any other categories of land identified as automatically unacceptable as of the effective date of this rule by the Water Resources Commission or, if the project is in excess of 25 megawatts, identified by EFSC.

(b) Includes land on which a species of wildlife has been identified under the Endangered Species Act as endangered and in the judgment of the Department of Fish and Wildlife, the project is inconsistent with the protection of the species;

(c) Involves land for which a timely determination has been made by the Oregon Department of Fish and Wildlife or other state agencies that the project may result in a wild game fish population or the fishery it provides, being converted to a hatchery dependent resource;

(d) Is located on land which in the judgment of the Division, the impacts of the project on the resource are of such a serious nature that the land could no longer be managed in a manner consistent with the conservation of the resource under sound techniques of land management.

(4) A lease will not be granted if a project is located on lands where it is clear that the economic return from the proposed project will not result in the greatest benefit to the people of the State of Oregon. This may include submerged and submersible lands where the Land Board has existing leases or Land Board ownership on adjacent properties the value of which for mineral extraction, timber, grazing or other development may be affected by the issuance of a lease.

(5) The applicant and affected agency will be notified by the Division if any of the above conditions exist. Within 30 days of issuance of the notice, the applicant may request the Board to review the Division's decision. In addition, the applicant may request Board review of the determination of the Board's jurisdiction over the land within 30 days of issuance of the notice advising the applicant that the land is within the jurisdiction of the Board.

Or. Admin. Code § 141-087-0020

LB 2-1986, f. & ef. 2-19-86

Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.

Stat. Auth.: ORS 273 & ORS 274

Stats. Implemented: ORS 273 & ORS 274