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 141-140-0105 - Renewal of Authorization
Universal Citation: OR Admin Rules 141-140-0105
Current through Register Vol. 63, No. 9, September 1, 2024
(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 lease may renew for an additional term.
(a) A holder in good
standing must exercise a right to renew no less than 12 months prior to the
expiration of the ocean renewable energy lease.
(b) To exercise the right to renew, a holder
in good standing must:
(A) Notify the
Department of the holder's intent to renew on a form provided by the
Department;
(B) Submit a
non-refundable renewal fee of $1,000 payable to the Department.
(C) Certify that the uses or structures that
are the subject of the existing authorization are consistent with local, state,
and federal law; and
(D) Certify
that the existing uses and structures are consistent with the existing
authorization. The Department will not approve a renewal request that involves
development of a type of ocean renewable energy not originally authorized in
the lease or a subsequent modification.
(c) Upon receipt of the required information
and renewal fee, the Department shall determine, in its sole discretion,
whether:
(A) The right to renew was exercised
not less than 12 months prior to the expiration of the then current term of the
authorization;
(B) The holder has
fully complied with the terms of the current authorization, the applicable
statutes, or Oregon Administrative Rules; and
(C) The holder has fully complied with any
other authorizations granted to them by the Department.
(d) The holder must provide any additional
information that is requested by the Department in order to further evaluate
the proposed renewal.
(e) If the
Department determines that the renewal complies with the requirements of OAR
141-140-0105, the Department will provide written notice to the holder that the
authorization has been renewed for the additional term stated in the
notice.
(f) Compensation for the
use of state-owned land shall be re-calculated upon renewal in accordance with
the rules in place at the time of renewal. Compensation shall be due prior to
the issuance of the renewal.
(g) As
a condition of renewal, the Department may amend the terms and conditions of
the authorization at the time of renewal. Amendments made through this process
may be subject to JART and public review.
(h) If the Department determines that the
renewal does not comply with the requirements of OAR 141-140-0105, the
Department will provide written notice to the holder that the authorization
will not be renewed. In that event, the authorization will terminate at the
expiration of the current term. A holder of an expiring ocean renewable energy
facility lease may apply for a new authorization under the provisions of these
rules.
Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 273 & ORS 274
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