Or. Admin. Code § 141-087-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-087-0030 - Division Review of Application for Lease

(1) The Division shall conduct its review of a lease application after receiving all of the following information:

(a) A copy of a water appropriations permit issued by the Water Resources Commission under ORS Chapter 537 or proposed findings on the permit approved by the Director of the Water Resources Department on all issues relevant to the Land Board's determination;

(b) If the applicant does not qualify for a municipal exemption under ORS 543.150, a copy of the hydroelectric permit issued by the Water Resources Commission under ORS Chapter 543 or proposed findings on the permit approved by the Director on all issues relevant to the Land Board determination;

(c) If the proposed project exceeds 25 megawatts, a copy of a site certificate from the Energy Facility Siting Council or proposed findings of the Council on the site certificate on all issues relevant to the Land Board's determination;

(d) A copy of the application for a hydroelectric license or exemption from FERC or, if issued, a copy of the license or exemption;

(e) Filings of the Oregon Department of Fish and Wildlife submitted in administrative proceedings before FERC, EFSC, or the Water Resources Commission;

(f) If the project is subject to any local permit requirements, a copy of the permit;

(g) A copy of the Department of Environmental Quality's order on certification of a project under section 401 of the Federal Water Pollution Control Act, Public Law 92-500, as amended, proposed findings submitted as a party to EFSC or WRC review or proposed findings approved by the Environmental Quality Commission on issues relevant to the Land Board determination;

(h) Any other information related to the Board criteria for approval necessary for the Division to conduct its review of the proposed project.

(2) The Board, in its discretion, may take action on a lease application prior to receiving all of the above information, if it determines it is in the public interest to do so.

(3) If the Board approves a lease prior to the applicant obtaining all appropriate state, local and federal approvals or permits, the Board shall condition the lease upon obtaining all such approvals.

Or. Admin. Code § 141-087-0030

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

Stat. Auth.: ORS 273 & ORS 274

Stats. Implemented: ORS 273 & ORS 274