Or. Admin. R. 141-071-0530 - Application and Supplement Consideration
(1) Upon receipt of a lease application, the
Division shall cause notice of the application to be sent to affected state
agencies, including the agency having jurisdiction over the surface rights, the
Department of Environmental Quality, Department of Geology and Mineral
Industries, State Fish and Wildlife Commission, Land Conservation and
Development Commission, Department of Energy, State Historic Preservation
Office, and such other agencies or persons as the Division deems
appropriate.
(2) Upon receipt of
the environmental impact report, the Division shall send copies to the same
affected state agencies.
(3) Each
agency shall be requested to respond within 60 days of its receipt of the
environmental impact report making a recommendation as to whether the lease
should be granted to the applicant. Agencies may also recommend conditions to
be contained in the lease to satisfy requirements within their respective
statutory jurisdictions.
Applicants will be advised of conditions recommended by state agencies and, where advisable, a conference between agencies and applicants will be held.
(4) The
Division shall make such investigations as it considers necessary and shall
notify the public of its opportunity to request a hearing or hearings upon the
granting of the application, together with the timetable and procedures to be
followed. The Division will provide written notice to any person or
organization which has requested in writing of the Division that such notices
be provided to it directly.
(5) If
the Division approves the application, and the state agency controlling the
surface rights concurs, the application will be placed before the State Land
Board for its final approval, when required by OAR
141-071-0410.
Upon approval by the State Land Board, if required, the Division shall promptly
forward to the applicant a mining lease incorporating all conditions which are
deemed necessary by the Director, taking into consideration the recommendations
of other affected agencies, the protection of natural resources, public health,
and safety.
(6) The Division or
Board may refuse to grant a lease for state-owned minerals because of
considerations of environmental quality, inadequate cost-benefit ratio, or
other public interest.
Notes
Stat. Auth.: ORS 273
Stats. Implemented: ORS 273 .780 - ORS 273 .790
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