Oregon Administrative Rules
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 87 - HYDROELECTRIC PROJECTS
Section 141-087-0030 - Division Review of Application for Lease
Universal Citation: OR Admin Rules 141-087-0030
Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS 273 & ORS 274
Stats. Implemented: ORS 273 & ORS 274
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