Or. Admin. Code § 141-110-0100

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

Section 141-110-0100 - Leasehold Management Plan (LMP)

(1) A leasehold management plan consists, at a minimum, of the following:

(a) Identification of the leasehold area;

(b) Identification of the presence and condition of the natural (for example, wildlife or water), recreational, cultural and historic resources within the leasehold affected by the lease;

(c) Identification of existing leasehold improvements;

(d) Identification of condition of the leasehold's forage resources;

(e) Determination of the carrying capacity (in AUMs) and forage production capabilities;

(f) Identification of leasehold management issues and concerns as they relate to livestock grazing;

(g) Establishment of leasehold management objectives and monitoring methods;

(h) Establishment of leasehold management schedules including but not limited to grazing use or review of annual operating plans (AOPs); and

(i) Identification of new treatments or improvements designed to achieve leasehold management objectives.

(2) LMPs will be developed by the Department in consultation with the lessee, other affected landowners, and applicable local, state, and federal agencies, tribal interests, and any interested persons.

(3) The Department will prepare a written LMP for each leasehold unless it is determined by the Department that doing so would be inefficient or uneconomical. All LMPs will be periodically reviewed and revised.

(4) The Department will send a notice of the availability of a draft LMP to:

(a) Persons indicating an interest in the leasehold;

(b) Affected state or federal agencies, and tribal interests; and

(c) Affected local governments.

(5) Recipients of the notice of availability of the draft LMP shall have 30 calendar days from the date of the notice to submit comments to the Department.

(6) Upon receipt of comments the Department will:

(a) Review the comments;

(b) Revise the draft LMP as applicable;

(c) Inform interested persons of significant revisions to the LMP; and

(d) Issue the LMP.

(7) Provided that they substantially conform to the provisions of OAR 141-110-0100, the Department will accept any one of the following in lieu of an LMP:

(a) An Allotment Management Plan approved by the Bureau of Land Management or the U.S. Forest Service; or

(b) A coordinated Resource Management Plan previously developed by the Department.

(8) The Department will periodically review each LMP to:

(a) Determine the lessee's compliance with the LMP;

(b) Assess the effectiveness of the LMP; and

(c) Decide if the LMP needs to be revised to reflect changes in use, ecosystem health, or other factors.

(9) The Department reserves the right to modify the LMP as necessary after prior consultation with the lessee.

(10) The Department may, after consultation with the lessee, make periodic changes in the carrying capacity of a leasehold due to seasonal climatic or adverse conditions without public notification as required in OAR 141-110-0100.

(11) The LMP, to the extent allowable under the Asset Management Plan and the Department's SAMP, will be consistent with local, state and federal laws and rules, and approved state or federal coordinated resource plans or watershed management plans or strategies.

(12) Any person may request that the Department review or revise an LMP if plan objectives are not being met. Such a request shall be in writing and state the reason(s) why, or present evidence indicating that a review or revision is necessary.

Or. Admin. Code § 141-110-0100

LB 4-1994, f. & cert. ef. 8-2-94; LB 3-1995, f. & cert. ef. 10-13-95; DSL 1-1999, f. & cert. ef. 3-2-99; DSL 7-2009, f. & cert. ef. 10-20-09

Stat. Auth.: ORS 273.045 & 273.051

Stats. Implemented: ORS 273.805, 273.815 & 273.825