(1) All cable easements issued under these
rules shall require approval by the State Land Board.
(2) Easement applicants may be required to
obtain a surety bond to ensure that they will perform in accordance with all
terms and conditions of the easement. The surety bond amount shall be
determined by the Division. A cash deposit or certificate of deposit in an
amount equal to the amount required for a surety bond and which names the State
of Oregon as co-owner may be substituted in lieu of a bond.
(3) A cable easement issued by the Division
shall be valid for an initial term of twenty (20) years, and may be renewed at
the holder's option for an additional twenty (20) year term upon application to
(4) All cables are to
be buried using the best available proven technology whenever Territorial Sea
bottom conditions permit to a sufficient depth to minimize conflicts with other
ocean users and industries and recognizing the potential need to retrieve the
cable for repair or removal.
The Division shall be notified in writing by the easement holder at least
ninety (90) days:
(a) Prior to any
pre-planned change in the location of the cable.
(b) Prior to any change in ownership of the
(c) After the discovery of
any change in the location of the cable resulting from accidental contact or
geologic or other natural causes.
(d) Prior to any abandonment or termination
of use of the cable.
If determined necessary by the Division in consultation with the easement
holder and other interested parties, and if permitted by the applicable federal
agency(ies) regulating the cable, the easement holder shall remove the cable
from the state-owned submerged and submersible land within one (1) year
following the termination of use of the cable or expiration of the
(7) Easements issued
pursuant to these rules may be subject to a term based payment or annual rental
payments subsequently established by the Land Board pursuant to governing law
for use of state-owned submerged and submersible land.
(8) Easement holders shall inspect cables to
ensure that they remain both within the area authorized by the easement and
buried. These inspections are to be done on a frequency to be determined by the
Division in consultation with the easement holder and other interested