ORS 274.876
Proprietary authorization requirements

  • rules
  • fees

(1)

Acting subject to the approval of the State Land Board and in compliance with ORS chapter 183, the Director of the Department of State Lands shall adopt rules necessary to implement the provisions of ORS 274.870 (Definitions for ORS 274.870 to 274.879) to 274.879 (Financial assurance). Rules adopted under this section must include but need not be limited to:

(a)

Proprietary authorization requirements for the construction and operation of ocean renewable energy facilities in Oregon’s territorial sea;

(b)

The maximum period for which a proprietary authorization may be issued under ORS 274.873 (Proprietary authorizations for ocean renewable energy facilities); and

(c)

Provisions to coordinate the issuance of a proprietary authorization decision under ORS 274.873 (Proprietary authorizations for ocean renewable energy facilities) with the issuance of a removal or fill permit decision under ORS 196.800 (Definitions for ORS 196.600 to 196.921) to 196.921 (Applicability) for an ocean renewable energy facility in the territorial sea.

(2)

Intentionally left blank —Ed.

(a)

The director may adopt rules establishing application fees related to:

(A)

Proprietary authorizations to construct or operate ocean renewable energy facilities within Oregon’s territorial sea; or

(B)

Removal or fill permits required under ORS 196.810 (Permit for removal of material from or fill of waters) to conduct removal or fill activities related to ocean renewable energy facilities in Oregon’s territorial sea.

(b)

The Department of State Lands shall appoint an advisory committee in accordance with ORS 183.333 (Policy statement) to assist the director in drafting rules under this subsection.

(c)

In developing the structure and amount of any fees under this subsection, the department shall take into consideration at least the following factors as they would relate to a proposed ocean renewable energy facility subject to the fee:

(A)

The size of the proposed ocean renewable energy facility.

(B)

The distance from the ocean shore, as defined in ORS 390.605 (Definitions), at which the ocean renewable energy facility will be sited.

(C)

The volume of the removal or fill material that will be subject to the removal or fill permit associated with the proposed ocean renewable energy facility.

(D)

Whether the proposed ocean renewable energy facility is a research project, demonstration project or commercial operation.

(E)

The anticipated useful life of the proposed ocean renewable energy facility.

(F)

The expenses incurred by the department and other coordinating agencies in connection with the processing, evaluation and issuance of the proprietary authorization or removal or fill permit for the proposed ocean renewable energy facility. [2015 c.386 §3]
Note: See note under 274.870 (Definitions for ORS 274.870 to 274.879).

Source: Section 274.876 — Proprietary authorization requirements; rules; fees, https://www.­oregonlegislature.­gov/bills_laws/ors/ors274.­html.

274.005
Definitions
274.015
Determination of ordinary high and low water
274.025
Jurisdiction over submersible and submerged lands generally
274.036
Status of channel of Willamette River
274.040
Sale or lease of submersible lands
274.043
Exemptions from leasing requirements
274.060
Regulation of harbor improvements
274.064
Portland Harbor Cleanup Fund
274.205
Definition for ORS 274.210 to 274.290
274.210
Authority of department to contract for drainage and reclamation of certain lands
274.220
Application for drainage and reclamation of lands
274.230
Investigation and report by Water Resources Director
274.240
Performance by contractor
274.250
Nonperformance
274.260
Title of riparian owners
274.280
Surveys and plans for reclamation of lands
274.290
Execution of plan
274.376
Definitions for ORS 274.376 to 274.388
274.379
Authority to seize abandoned structure or derelict structure
274.382
Liability for costs of removal, salvage, storage and disposal
274.385
Rules
274.388
Submerged Lands Enhancement Fund
274.400
Definition for ORS 274.400 to 274.412
274.402
Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway
274.404
Administrative determination of navigable waterway
274.406
Declaration of state’s claim
274.408
Public notice of claim
274.412
Judicial review of declaration of state’s claim
274.425
Definition for ORS 274.430 to 274.520
274.430
State ownership of meandered lakes
274.440
Acquisition of future rights to meandered lakes denied
274.450
Acquisition of riparian rights by department
274.460
Settler’s and riparian owner’s preferential right to purchase land within meander lines
274.470
Settler’s right to deed to land within meander lines
274.480
Rights of riparian owners on Malheur and Mud Lakes
274.490
Settlement of conflicting preferential rights
274.500
Conveyance of compact area
274.510
Lake bed lands claimed by the United States
274.520
Acceptance of deed to lake bed lands as precluding any other claim
274.525
City use of stream bed material
274.530
Lease or license of stream beds for removal of material
274.550
Removal of material without payment of royalties
274.560
Lease terms
274.590
Cooperation with Washington authorities respecting removal of material from bed of Columbia River
274.610
Prohibited contracts for exploration for hard minerals
274.705
Definitions for ORS 274.705 to 274.860
274.710
Jurisdiction of department over tidal submerged lands
274.712
Limitations on leasing submerged and submersible lands within territorial sea
274.714
Undersea cables within territorial sea
274.715
Sulfur leases
274.720
Effect of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of agencies other than department
274.725
Scope of leases and permits
274.735
Application for survey permit
274.740
Issuance of survey permit
274.745
Drilling logs and records
274.755
Hearing prior to granting lease or easement
274.760
Considerations involved in granting lease or easement
274.765
Publishing offer to lease tidal submerged lands
274.770
Prohibited drilling requirements
274.780
Conditions in leases and permits
274.785
Exclusive rights granted by lease
274.790
Royalties
274.795
Rents
274.800
Bonds
274.805
Drill sites
274.810
Commencement of drilling
274.815
Extension of time when wells to be drilled from filled land or structure
274.820
Water contamination or pollution
274.825
Nonconflicting use of leased lands
274.830
Protecting lands from drainage
274.835
Conformance to laws and regulations
274.840
Continuation of lease after cessation of production
274.845
Surrender of lease
274.850
Cancellation of lease
274.855
Restoration of leasehold to original condition
274.860
Protection and location of filled lands
274.870
Definitions for ORS 274.870 to 274.879
274.873
Proprietary authorizations for ocean renewable energy facilities
274.876
Proprietary authorization requirements
274.879
Financial assurance
274.885
Lease of kelp fields
274.890
Time allowed lessee for survey and erection of plant
274.895
Removing kelp without lease
274.905
Definitions for ORS 274.905 to 274.940
274.910
Application and effect
274.915
Lease or disposal of new lands
274.920
Creation of new lands upon submersible or submerged lands
274.925
Right of public riparian owner to purchase new lands
274.929
Right of nonpublic riparian owner to purchase certain new lands
274.932
Right of public body to purchase new lands created by it
274.935
Ownership, by nonpublic owner of submersible or submerged lands, of new lands created thereon
274.937
Right of individual to purchase new lands created by individual
274.940
Reservation of historically filled lands or new lands
274.945
Collection of shellfish mariculture records
274.950
Jurisdiction to assert title to historically filled lands
274.952
Determination of state interest in historically filled lands
274.954
Declaration of state’s claim
274.956
Public notice of claim
274.992
Civil penalties
274.994
Amount of civil penalties
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