Or. Admin. Code § 141-014-0280 - Process for Offering a Lease for the Removal or Use of Material that Has Been Placed on an Upland Site (Dredged material)

(1) A preference right to lease is not available to the owner of land underlying or adjacent to dredged material that has been deposited on an upland site.

(2) If after completing the processes provided in OAR 141-014-0240(1) through (3) and 141-014-0250(1) through (5), an application is for a lease to remove or use material placed on an upland site, the Department will determine if it wants to offer the requested material or site through a public auction.

(3) If the Department decides to make the requested area available at public auction, it will prepare and publish an advertisement for bids. The minimum bid or compensation amount will be established by the Department based on the:

(a) Compensation rate in effect at the time that the application is received by the Department; and

(b) The amount of material that the applicant states on their application they intend to remove or use each year for the term of the lease requested.

(4) The highest qualified bidder shall be awarded the lease.

(5) If the Department decides to not offer the lease for the requested area through public auction, it will issue the lease to the applicant.

(6) The compensation established by the Department that must be paid to the Department is subject to annual adjustments by the Department pursuant to the provisions of OAR 141-014-0330.

(7) The Department reserves the right to withdraw an area requested for a lease at any time prior to issuance of the lease.

Notes

Or. Admin. Code § 141-014-0280

DSL 2-2008, f. & cert. ef. 10-15-08

Stat. Auth.: ORS 273.551, 274.525, 274.530, 274.550 & 274.560

Stats. Implemented: ORS 274 .525 & 274 .550