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Waterway Authorizations

Waterway Remediation and Restoration Rulemaking
Background Information
Portland Harbor
The state of Oregon is the owner of the submerged and submersible lands of navigable waterways, including meandered lakes, tidally influenced waterways and the Territorial Sea. The Oregon Department of State Lands manages these navigable waterways by authorizing certain uses and structures on them.
 
A number of waterway sites throughout Oregon have been designated as contaminated, and others are under investigation and/or may be designated as contaminated in the future. Many of these sites are subject to environmental remediation and restoration activities. 
 
As the responsible party for authorizing the use of state land, the Department is developing administrative rules to provide guidance for remediation and restoration activities. The rulemaking will address:
  • How the Department should manage and authorize activities relating to the remediation or restoration of contaminated sites.
  • What types of authorizations should be offered to allow remedial activities.
  • How to establish appropriate levels of compensation.
Q and A (October 2011)

Advisory Committee
The Department has convened a Remediation Rulemaking Advisory Committee (RRAC) to help with the following goals:
  1. Develop consensus, or the most agreement possible, among stakeholders for the rules.
  2. Ensure that the processes developed by these rules are clear and easily understood by the public, and will expedite action and avoid unnecessary impediments.
  3. To the greatest extent possible, involve stakeholders in an open, transparent, and collaborative process that will maintain or improve relationships among all parties. 
 
The RRAC is comprised of a wide variety of interests, including industry, conservation groups, local governments, tribes, interested citizens and recreationists, and geographic locations throughout the state. The group will meet monthly, and their meetings are open to the public. The tentative schedule is: Dec. 2 (Portland); Jan. 17 (Salem), Feb. 17, March 29 and April 26 - locations will be determined at the previous meeting and posted online when details are available.
 
List of Participants 

RRAC Meetings
12/02/2011 Agenda  Minutes  Background and Purpose of the RRAC 
 
DSL Remediation Rulemaking 2011 
 
01/17/2012 Agenda  Minutes  Background Information on RRAC Areas of Recommendation
 
Rulemaking Process and Role of the RRAC 
 
Scope of RRAC's Work 
 
02/17/2012 Agenda  Minutes   
03/29/2012 Agenda  Minutes Considerations for Compensation
 
Discussion Items from February Meeting
 
Chart of Authorization Types
 
 

Current Rules
Waterway Leasing 
Land Sales and Exchanges 
Easements

Timeline
December 2011 First RRAC meeting
January through May 2012 RRAC continues to meet monthly; rule language drafted by staff and reviewed by RRAC
June 2012  RRAC adjourns after endorsing draft rule language 
June and July 2012  DSL begins formal rulemaking process 
August and September 2012  DSL reviews public comments; convenes RRAC if necessary to edit proposed rules 
October 2012  Draft rules presented to State Land Board 
Graphic 

Contact Information
Chris Castelli, Land Manager
503-986-5262; chris.castelli@state.or.us
 
Jim Paul, Assistant Director
503-986-5279; jim.paul@state.or.us
 
Mary Orton, Facilitator
The Mary Orton Company, LLC
702.210-9642 cellular
mary@maryorton.com
www.maryorton.com