(1) The Department
shall only offer a standard form of lease or public facility license that has
been approved by the Department of Justice.
Subject to the terms of an existing lease
or public facility license or as otherwise agreed by the Department, the
applicant shall have ninety (90) calendar days from the date of offer to
execute a lease or public facility license with the Department. The Department
may revoke the offer after ninety days, at which time the applicant may
re-apply for the proposed use in accordance with OAR
Unless otherwise approved by the Director, the initial term for a lease or
public facility license for state-owned submerged and submersible land shall
not exceed 15 years. The length of the initial term for a lease or public
facility license shall be determined by the Department and shall be based on:
(a) Whether the proposed use is reasonably
expected to exist for the time period requested by the applicant;
(b) Requirements imposed by financial
institutions as a condition of project financing; and
(c) The general provisions contained in these
Department may include in a lease or public facility license, the right of the
holder of a lease or public facility license to renew the authorization for an
additional term not to exceed 15 years, subject to the requirements of OAR
(5) The Department may require an
applicant or holder of a lease to obtain a surety bond or other form of
financial assurance acceptable to the Department to ensure that the lessee will
perform in accordance with all terms and conditions of the lease. The surety
bond amount shall be determined by the Department and shall be reasonable and
within generally accepted business practices. A certificate of deposit in an
amount equal to the amount required for a surety bond and that names the State
of Oregon as co-owner may be substituted in lieu of a bond.
State-owned submerged and submersible
land shall remain open to Public Trust Uses.
Notwithstanding the provisions of OAR
, a holder may close all or a portion of the authorized area to Public
Trust Uses, or restrict Public Trust Uses within all or a portion of the
authorized area, provided the closure or restriction is:
(A) Reasonably necessary to protect persons
and property from harm arising from holder's authorized use of the submerged
and submersible land;
in duration; and
(C) Limited in
(b) If the
proposed closure or restriction is wholly or partially within the navigation
channel of the waterway as established by the United States Coast Guard, or is
located in such a way as to increase traffic in or otherwise impact use of the
navigation channel, holder shall consult with the United States Coast Guard and
the Oregon Marine Board prior to implementing the closure or restriction.
Holder shall comply with all requirements imposed by the United States Coast
Guard and the Oregon Marine Board.
The holder must provide written notice to
the Department no less than fourteen (14) days prior to the implementation of
any closure or restriction. The written notice must identify the need for, the
scope of, and the duration of the closure or restriction, and must certify that
holder has consulted with the United States Coast Guard and the Oregon Marine
Board regarding the closure or restriction, if required under OAR
The Department, in its sole
discretion, may at any time require holder to terminate or modify the closure
or restriction. The Department, in its sole discretion, may at any time require
the closure or restriction to be established pursuant to OAR 141-088
(7) The holder may
restrict public use of holder-owned property or structures authorized under a
lease or public facility license.
(8) The Department or its authorized
representative(s) shall have the right to enter into and upon the authorized
area at any time for the purposes of inspection or management.
(9) The holder shall not encumber the rights
held under a Waterway Use Authorization, nor mortgage or grant a security
interest in the holder's interest in the Waterway Use Authorization without
prior written consent of the Department. Written consent shall be applied for
on a form provided by the Department.
(10) The holder shall pay a non-refundable
fee of $375 for each request for DSL's approval of a consent agreement.