Oregon Administrative Rules
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 87 - HYDROELECTRIC PROJECTS
Section 141-087-0040 - Land Board Criteria for Decision on Request for Lease

Universal Citation: OR Admin Rules 141-087-0040

Current through Register Vol. 63, No. 9, September 1, 2024

The Land Board shall base its decision on a request for a lease or easement for the development of a hydroelectric project, on lands within the jurisdiction of the Board, on the following criteria:

(1) The proposed lease should result in the lands being managed in a manner which will confer the greatest benefit on the people of the State of Oregon. In determining whether the project will confer the greatest benefit on the people of the state, the Board may consider appropriate factors including:

(a) The energy needs of the region;

(b) The economic impacts of the project;

(c) The impacts of the project on the natural resources of the area.

(2) In determining the energy needs of the region, the Board may consider all information relating to this issue, including, but not limited to:

(a) If the project is in excess of 25 megawatts, the findings of EFSC relating to energy needs in its action on a site certificate or proposed findings on the site certificate approved by EFSC;

(b) The Oregon Department of Energy's Biennial Energy Plan;

(c) The Pacific Northwest Power Planning Council's Northwest Conservation and Electricity Power Plan.

(3) In considering the economic impacts of the project, the Board shall find that the proposed lease will enhance the Common School Fund and that the state is receiving just compensation for the use of the lands. In making this determination, the Board may consider all information relating to economic impacts, including, but not limited to:

(a) Impacts on existing Land Board leases on submerged and submersible lands;

(b) Impacts on grazing revenues on affected Common School lands;

(c) Impacts on timber values on Common School lands affected by the project; and

(d) Impacts on mineral values on state owned lands affected by the project;

(e) The proposed lease fee recommended by the Director pursuant to OAR 141-087-0050.

(4) In considering the impacts of the project on the natural resources of the area, the Board shall find that the issuance of the lease would be consistent with the criteria in OAR 141-087-0020(3) and that the proposed lease shall result in the lands being managed in a manner which will be consistent with the conservation of the resource under sound techniques of land management. In determining whether the use of the land will be consistent with the conservation of the resource, the Board may give due consideration to the findings and conclusions of other state and local agencies as listed below with respect to issues within those agencies expertise, specifically:

(a) The findings of the Water Resources Commission or the Director of the Water Resources Department in the review of the applicant's request for a water appropriation permit or a hydroelectric license;

(b) The findings of the Department of Environmental Quality in the review of the proposed project under Section 401 of the Clean Water Act;

(c) The findings of the Oregon Department of Fish and Wildlife, in carrying out its responsibilities under state and federal law, related to evaluation of the project;

(d) The findings of EFSC under its siting authority when the project exceeds 25 megawatts;

(e) The comments of any other state, federal or local agencies or interested persons who are affected by the proposed project.

(5) If any provisions of an acknowledged comprehensive plan and land use regulation are applicable, the approval of the lease or easement should be compatible with such provisions. Where a comprehensive plan does not regulate the use, the Board may make findings on applicable statewide planning goals.

(6) Conditions must be available for inclusion in the lease or easement which will assure the safety of the public and the preservation of economic, scenic and recreational values of the lands pursuant to ORS 274.040(4).

Stat. Auth.: ORS 273 & ORS 274

Stats. Implemented: ORS 273 & ORS 274

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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