Oregon Administrative Code

141-126-0110 Policies (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 (school lands and statutory lands) under its jurisdiction "with the object of obtainin…

141-126-0120 Definitions (1) “Additional Rent” means any amounts in excess of base rent that a lessee is required to pay the department or third parties pursuant to these Division 126 rules. (2) “Applicant” is any person applying for a communication site facility lease. (3) “Asse…

141-126-0130 Application Requirements for a Lease or Lease Renewal (1) Any person wanting to use state-owned land for a communication site facility lease: (a) Must contact the department to schedule and complete a pre-application meeting; (b) Submit a complete application in the …

141-126-0140 Lease Application Review and Approval Process (1) Upon receipt of an application for a lease, the department will determine: (a) If the application is complete and accurate including all required documentation; (b) If the requested area is available for the requested…

141-126-0150 Compensation (1) A lessee must remit to the department on a basis provided in the lease annual base rent as determined by the department for the type of use described in OAR 141-126-0150(2) and (3). (2) Minimum annual base rent for communication site facility leases …

141-126-0160 General Terms and Conditions (1) The initial term of a lease may be up to, but not exceed 10 years, unless otherwise approved by the director. The department will determine the length of a lease and any renewal provisions based on the nature of the use for the reques…

141-126-0170 Co-location of Communication Site Facilities (1) A lessee wanting to co-locate with a separate person on a portion of an existing communication site facility is required to notify the department in writing at least 90 calendar days prior to the date they propose allo…

141-126-0180 Lease Modifications (1) Any current existing lessee in good standing must apply for a lease modification for the purposes of: (a) Equipment upgrade or replacement that results in a change of frequency; or (b) Any proposed ground disturbing activity; or (c) Any change…

141-126-0190 Assignment of a Communication Site Facility Lease (1) A lease in good standing is assignable. (2) To request the assignment of 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…

141-126-0200 Insurance and Security; Decommissioning (1) The department will require a lessee to obtain and maintain insurance requirements as determined by the department. (2) The department reserves the right to require the applicant for a communication site facility lease or a…

141-126-0210 Competitive Bidding Process (1) Except as provided in OAR 141-126-0110(10) and 141-126-0140(11), the department will determine on a case-by-case basis if a communication site or portion of a communication site requested for a lease will be offered to the public throu…

141-126-0220 Termination of a Communication Site Facility Lease for Default (1) If the lessee fails to comply with these rules or the terms and conditions of the lease, or otherwise violates laws governing their use of the leased premises, the department will notify the lessee in…

141-126-0230 Enforcement Actions; Civil Penalties and Other Remedies (1) Upon the director’s own initiative, or in response to a complaint, the director may investigate a suspected violation of a communication site facility lease or the alleged unauthorized use of state-owned lan…

141-126-0240 Reconsideration of Decision (1) An applicant for a communication site facility lease, or any other person adversely affected by the issuance or denial of communication site facility lease on state-owned land, may request that the director or the State Land Board, dep…

141-130-0010 Purpose 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, ma…

141-130-0020 Definitions 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 o…

141-130-0030 Volunteer Agreements (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 l…

141-130-0040 Guidelines for Approval of Interpretive and Educational Materials (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 disp…

141-140-0010 Applicability and Purpose (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 oce…

141-140-0020 Definitions (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 opera…

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…

141-140-0040 Pre-Application Requirements (1) Prospective applicants shall meet with Department staff to discuss the proposed project and use before submitting a preliminary application to the Department. This meeting may be in person or through other means acceptable to the Depa…

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 fo…

141-140-0050 Application Requirements (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 u…

141-140-0060 Application Review Process (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 th…

141-140-0070 Compensation (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 paymen…

141-140-0080 General Terms and Conditions (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 …

141-140-0090 Insurance and Bond (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,…

141-140-0095 Financial Assurance (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 cl…

141-140-0100 Termination of a Temporary Use Authorization or Energy Facility Lease (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 …

141-140-0105 Renewal of Authorization (1) A temporary use authorization is not renewable. A holder of an expiring temporary use authorization may apply for a new authorization under the provisions of these rules. (2) A holder in good standing of an ocean renewable energy facility…

141-140-0110 Assignment (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 t…

141-140-0115 Modification for Use or Size (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 auth…

141-140-0120 Reconsideration of Decision (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 re…

141-140-0130 Enforcement Actions; Civil Penalties; and Other Remedies (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 conditi…

141-141-0100 Purpose and Applicability These rules govern the Oregon Ocean Science Trust (OST). Statutory/Other Authority: ORS 196.565(6) Statutes/Other Implemented: ORS 196.565–196.570 History: DSL 9-2020, amend filed 07/28/2020, effective 08/15/2020 DSL 1-2020, temporary amend …

141-141-0110 Policies (1) The OOST shall promote peer-reviewed, competitive research and monitoring that leads to increased knowledge and understanding of Oregon’s ocean and coastal resources. (2) The OOST shall promote innovative, collaborative, community-oriented, multi-institu…

141-141-0120 Definitions (1) “Oregon Ocean Science Trust (OOST)” 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” …

141-141-0130 Competitive Grants Process (1) The OOST shall oversee a competitive grants process that will carry out funding priorities established by the OOST. (2) The OOST, or a third-party administrator selected by the OOST, shall solicit and review proposals to address the fun…

141-141-0140 Management of data reporting and data management requirements (1) Data and information collected or created under OOST 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…

141-141-0150 Request for Qualifications (RFQ) (1) The OOST 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 OOST to address one or more funding prioritie…

141-141-0160 Competitive Grants Program Evaluation (1) The OOST shall request the competitive grants program be evaluated at regular intervals by the STAC based on evaluation criteria developed by the STAC in consultation with the OOST. (2) Results of the evaluation will be commu…

141-141-0170 Grants to Public Entities (1) The OOST may make direct, noncompetitive grants to a public body as defined in ORS 174.109, a public university listed in ORS 352.002, or any federally recognized Indian tribe in Oregon, for projects that advance the strategic priorities…

141-141-0180 Agreements with Private, Nonprofit Organizations (1) Under the direction of the OOST, the executive director of the OOST may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations in suppo…

141-142-0010 Purpose and Applicability This division: (1) Governs the State Land Board establishment and Department of State Lands management of marine reserves, marine protected areas and seabird protection areas in the Territorial Sea. (2) Describes uses that the department may…

141-142-0015 Definitions As used in this division, unless the context requires otherwise: (1) “Area” or “Protected Area” means and refers to all marine reserves, marine gardens, marine conservation areas, marine research areas, marine protected areas, and seabird protection areas…

141-142-0020 General Provisions (1) The department will only grant an authorization or a removal-fill permit for a regulated removal-fill activity if the use, or removal, fill or alteration of material is necessary to study, monitor, evaluate, enforce or protect or otherwise furt…