Oregon Revised Statutes
The Legislative Assembly finds and declares that: Mining contributes to the economy and well-being of the people of Oregon. Mining creates high-paying jobs in parts of this state that, due to a lack of infrastructure and development, are less likely to be capable of diversifying beyond a regional economy based on natural resources. Mining creates secondary …
Any person, a citizen of the United States, or one who has declared an intention to become such, who discovers a vein or lode of mineral-bearing rock in place upon the unappropriated public domain of the United States within this state, may locate a claim upon such vein or lode by posting thereon a notice of such discovery and location. The notice shall cont…
The locator shall, within 60 days from the posting of the location notices by the locator upon the lode or claim, record with the clerk of the county where the claim is situated, who shall be the custodian of mining records and miners’ liens, a copy of the notice posted by the locator upon the lode or claim and shall pay the clerk a fee for such recording as…
Abandoned claims are unappropriated mineral lands, and titles thereto shall be obtained as specified in ORS 517.010 and 517.030, without reference to any work previously done thereon. (Placer Deposits)
As used in ORS 517.042 to 517.052, unless the context requires otherwise, “legal subdivision” means a subdivision of a state survey or of a United States survey which has been extended over the geographic area to be described.
Any individual, a citizen of the United States, or one who has declared an intention to become such, who discovers a placer deposit of minerals upon the unappropriated public domain of the United States within this state, which minerals are subject to location under the mineral and mining laws of the United States, may locate a placer claim thereon by postin…
Unless the claim for placer deposit referred to in ORS 517.044 is located by legal subdivisions, the surface boundaries of the claim must be marked so that the same may be readily traced. Such boundaries shall be marked within 30 days after the posting of the notice described in ORS 517.044 by substantial posts or other monuments of the same size, materials …
The individual locating a placer deposit shall, within 60 days from the posting of the location notice upon the claim, record with the clerk of the county where the claim is situated, a copy of the notice posted by the individual upon the claim. The fee for recording such location notice shall be the fee provided for in ORS 205.320. The clerk shall immediate…
If at any time an individual who has located a mining claim within the meaning of ORS 517.010 or 517.044, or the assigns of the individual, apprehends that the original notice of location of the mining claim was defective, erroneous, or that the requirements of the law had not been complied with before the filing of the notice, such locator or assigns may po…
Subject to ORS 517.060, all locations or attempted locations of quartz mining claims subsequent to December 31, 1898, that do not comply with ORS 517.010 and 517.030 are void. Except as provided in ORS 517.060, all locations or attempted locations of placer mining claims made after August 9, 1961, that do not comply with the provisions of ORS 517.042 to 517…
Any location of any mining claim made upon any natural stream, or contiguous or near to any placer mine, or upon or below the dump of any placer mine, shall be subject to the prior right of all mines in operation prior to the making of such location, to discharge debris, gravel, earth, and slickens which were or may be discharged at the time of making such s…
All mining claims, whether quartz or placer, are real estate. The owner of the possessory right thereto has a legal estate therein within the meaning of ORS 105.005.
All conveyances of mining claims or of interests therein, either quartz or placer, whether patented or unpatented, are subject to the provisions governing transfers and mortgages of other realty as to execution, recordation, foreclosure, execution sale and redemption. However, such redemption by the judgment debtor must take place within 60 days from date of…
In case of redemption from sale under judgment, the redemptioner shall pay such sums as are now required by law for redemption under execution sale, and such additional sum as may have been expended upon the property so redeemed by the purchaser under execution, or the assigns of the purchaser, in order to keep alive the possessory right thereto after the ex…
All contracts of mining copartnership, commonly known as “grubstaking,” shall be in writing, and recorded with the clerk of the county wherein the locations thereunder are made. Unless contracts of mining copartnership contain the names of the parties thereto and the duration thereof, the contracts are void. PROSPECTING, SMALL SCALE MINING AND RECREATIONAL …
As used in ORS 517.120 to 517.133: “Mining” means the removal of gold, silver or other precious minerals from aggregate or a vein of ore. “Mining claim” means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United St…
The Legislative Assembly finds that prospecting, small scale mining and recreational mining: Are important parts of the heritage of the State of Oregon; and Provide economic benefits to the state and local communities. Note: See note under 517.120.
Any rule pertaining to recreational or small scale mining adopted after June 28, 1999, shall be adopted in consultation with affected parties. Note: See note under 517.120.
A person may not attempt to restrict access to any open mining area or valid mining claim or to harass or interfere in any way with a person engaged in lawful mining activities. Note: See note under 517.120.
As used in this section: “Bedrock sluice” means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands. “Deface” includes but is not limited to altering, pulling down, damaging or destroying. “Dredge” means a subs…
As used in this section, “lawful mining operation” means any small scale mining operation that is in full compliance with state and federal laws. A person commits the crime of interfering with a mining operation if the person intentionally: Interferes with a lawful mining operation; or Stops, or causes to be stopped, a lawful mining operation. Interferin…
ORS 517.128 to 517.133 do not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions. As used in subsection (1) of this section, “laws or judicial decrees” includes but is not limited to: La…
The Legislative Assembly finds that: Prospecting, small scale mining and recreational mining are part of the unique heritage of the State of Oregon. Prospecting, small scale mining and recreational mining provide economic benefits to the State of Oregon and local communities and support tourism, small businesses and recreational opportunities, all of which…
The proprietor of a vein or lode, or placer claim, or the owner of a quartz mill or reduction works, may locate not more than five acres of nonmineral land as a millsite. Such locations shall be made in the same manner as provided in ORS 517.044 for locating placer claims, except that no discovery or location work is required. Where a millsite is appurtenant…
It is in the interest of the State of Oregon to provide a mechanism for the removal of dormant encumbrances on property which prevent a landowner from using or developing that property in a manner which contributes to the economy and increases the state’s tax base.
An owner of land in which another person holds a mineral interest, may extinguish the holder’s interest by publishing notice and submitting an affidavit of publication for recording as described in subsections (4) to (9) of this section, unless: Within the last 30 years, the holder of the mineral interest has submitted a statement of claim for recording in …
Within 30 days after the performance of labor or making of improvements, or making federal fee payments required by law to be annually performed or made upon any mining claim, the person in whose behalf such labor was performed or improvement or payment was made, or someone in behalf of the person, knowing the facts, shall make and have recorded in the Miner…
The affidavit described in ORS 517.210, when so recorded, or a duly certified copy thereof, is prima facie evidence of the facts therein stated. Failure to file such affidavit within the prescribed time is prima facie evidence that such labor has not been done. The fee for recording the affidavit shall be the fee provided by ORS 205.320.
Whenever any quartz or placer mines are owned by one or more persons, or are owned in common by any persons, any person owning any legal or equitable interest in the mines may perform the annual assessment work upon them which is required by the laws of the United States and Oregon. Such work, when it complies with said laws, shall protect the mines from rel…
Upon failure of any co-owner of any mine to contribute that co-owner’s proportion of expenditures required in assessment work, or to perform or pay for such proportion, the co-owners who performed or caused to be performed the labor or assessment work, may, at the expiration of the year for which the assessment work was performed, give the delinquent co-owne…
The notice shall be in writing and signed by the co-owner who performed or caused to be performed the assessment work. It shall be served upon the delinquent co-owner personally by the sheriff of the county in which the mine is situated, if the delinquent co-owner is within the county. If the delinquent co-owner can be found in any other county, then the not…
If the notice is served by any sheriff as provided in ORS 517.250, the sheriff shall make return by filing the notice with the return showing service with the county recorder, or if there is none, with the county clerk, for the county within which the mine is situated. If personal service cannot be had as provided in ORS 517.250, proof of service shall be ma…
If at the expiration of 90 days from the date of personal service of the notice upon the delinquent co-owner or from the date of the last publication of the notice, the delinquent co-owner has not paid the proportion of the delinquent co-owner to the co-owners who performed or caused to be performed the assessment work, the title to the interest of the delin…
The co-owners who performed the assessment work may file with the county clerk of the county where the mine is situated, their affidavits that the payment has not been made. Upon the filing of such affidavits, the clerk shall record the notice, proof of service and affidavits in the Mineral and Mining Record. The clerk shall then and there issue to the co-ow…
The certificate described in ORS 517.280 shall not be issued until the co-owners entitled to it pay to the clerk a fee as set by ORS 205.320.
A certificate issued as provided in ORS 517.280 shall be equivalent to a deed from a delinquent co-owner of all the interest of the delinquent co-owner in and to all mines described in the notice, and shall convey the interest of the delinquent co-owner in the premises to the co-owner or co-owners who performed or caused to be performed the assessment work. …
The certificate given by the county clerk shall be recorded in the office of the officer issuing it, upon payment of the fee established under ORS 205.320. The officer shall record and index the certificates in the Mineral and Mining Record. Such indexing and recording shall have the same force and effect as the indexing and recording of deeds to other real …
If prior to the issuing of the certificate there has been filed with the county clerk an affidavit by the delinquent co-owner that the payment has been made, the clerk shall not issue a certificate, but the parties shall be left to establish such fact by suit to quiet the title to the premises. If in the suit it appears either that the assessment work was no…
All fees collected under ORS 517.290 and 517.310 are the property of the county in which they are collected, and shall be accounted for by the officer collecting them as other recording fees are accounted for.
MINING LEASES
The lessee of the Department of State Lands under ORS 273.551 may use down timber found on the premises for fuel, and may cut and use green timber in the construction of buildings required in the operation of a mine on the premises, or for lining test pits or shafts, or for timbering drifts or excavations, or for other mining purposes, but for no other purpo…
Any lessee, licensee, or person other than the owner, who operates or works a mine, lode, mining claim, or deposit yielding metal or mineral of any kind, has custody and control of whatever metal or mineral may be produced in such operation or work, as bailee only and not as owner, until the sum due the lessor is paid and the wages due from such lessee to th…
MINERAL EXPLORATION
The Legislative Assembly finds and declares that: Mineral exploration is recognized as an integral part of the mineral industry with inherently less risk to the environment than surface or underground mining operations. Mineral exploration assists in the orderly identification of mineral resources in the state. Mineral exploration activities are recognize…
A person may not engage in onshore exploration that disturbs more than one surface acre or involves drilling to greater than 50 feet except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section. An application for an onshore exploration permit must include: The name and address of the surface owner …
If the person conducting an exploration under a permit issued under ORS 517.705 is not in violation of ORS 517.702 to 517.740 or 517.810 or any terms of the permit and has paid an annual renewal fee not to exceed $1,500 prior to the anniversary date of the permit as established by the State Department of Geology and Mineral Industries, the department shall r…
When exploration will result in less than one acre of surface disturbance or drilling to 50 feet or less, any person conducting exploration is exempted from the requirements of the permit procedure described in ORS 517.702 to 517.740. However, nothing in this section exempts a person from the requirements of ORS chapter 273 or the requirements of other depar…
The provisions of ORS 517.702 to 517.740 do not apply if the applicant has obtained an operating permit, described in ORS 517.790, for the area described in the exploration permit.
The State Department of Geology and Mineral Industries may inspect the exploration site prior to initiation of exploration to review the existing environmental conditions, assess impacts of the proposed exploration and establish the amount of financial assurance required. The department may inspect lands not later than 60 days following notification by the …
The State Department of Geology and Mineral Industries shall consult with the Water Resources Department on the development of rules covering drill hole or monitoring well abandonment procedures, including procedures for the abandonment of holes and wells for which no exploration permit is required in ORS 517.705. Nothing in ORS 517.702 to 517.740 prohibits…
The Department of State Lands and the State Department of Geology and Mineral Industries shall coordinate the regulation of any exploration project on land administered by the Department of State Lands.
In consultation with the Environmental Quality Commission, Water Resources Commission and the State Land Board, the State Department of Geology and Mineral Industries governing board shall adopt rules to carry out the provisions of ORS 517.702 to 517.755, 517.790, 517.810, 517.910 and 517.920. RECLAMATION OF MINING LANDS (Generally)
As used in ORS 517.702 to 517.989, unless the context requires otherwise: “Board” means the governing board of the State Department of Geology and Mineral Industries. “Completion” means termination of surface mining activities including reclamation of the surface-mined land in accordance with the approved reclamation plan and operating permit. “Cooperatin…
Notwithstanding the yard and acre limitations of ORS 517.750 (16), a person may not engage in surface mining that results in the extraction of 5,000 cubic yards or less of minerals or affects less than one acre of land within a period of 12 consecutive calendar months except in compliance with an exclusion certificate issued by the State Department of Geolog…
Notwithstanding the yard and acre limitations of ORS 517.750 (16), as soon as any mining operation begun after July 1, 1975, affects more than five acres of land the provisions of ORS 517.702 to 517.989 apply to the mining operation. Note: 517.755 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any …
The Legislative Assembly finds and declares that: It is the policy of the State of Oregon to recognize the important and essential contribution that the extraction of minerals makes to the economic well-being of the state and the nation and to prevent unacceptable adverse impacts to environmental, scenic, recreational, social, archaeological and historic re…
The following mining operations are exempt from the reclamation requirements set forth in ORS 517.702 to 517.989: Lands within the surfaces and contours of surface mines in existence on July 1, 1972, or vertical extensions of those surfaces and contours, provided that the State Department of Geology and Mineral Industries issued a certificate of exemption t…
Notwithstanding the provisions of ORS 517.770: Any landowner or operator conducting surface mining on July 1, 1972, shall pay the permit fee as provided in ORS 517.800; and The State Department of Geology and Mineral Industries shall require the landowner or operator to complete erosion stabilization upon completion of mining at a mining operation exempt f…
The provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder do not supersede any county zoning laws or ordinances in effect on July 1, 1972. However, if the county zoning laws or ordinances are repealed on or after July 1, 1972, the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder are control…
A landowner or operator may not allow or engage in surface mining on land not surface mined on July 1, 1972, without holding a valid operating permit from the State Department of Geology and Mineral Industries for the surface mining operation. A separate permit is required for each separate surface mining operation. A person seeking an operating permit from …
The State Department of Geology and Mineral Industries shall consult with other state agencies as necessary to ensure that rules developed by the department and those agencies regarding exploration or monitoring well requirements for sites described under ORS 517.790 do not conflict. The department and any other state agencies imposing requirements for expl…
As used in this section, “surface mining” has the meaning given that term in ORS 517.750 and “waters of this state” has the meaning given that term in ORS 196.800. The Department of State Lands and the State Department of Geology and Mineral Industries may enter into a memorandum of agreement concerning surface mining as described in subsection (3) of this …
Except for an application for a mining operation submitted under ORS 517.910 to 517.989, each applicant for an operating permit under ORS 517.702 to 517.989 shall pay to the State Department of Geology and Mineral Industries a fee established by the State Geologist in an amount not to exceed $6,500. If an application for a new permit or an amendment to an e…
Before issuing or reissuing an operating permit for any surface mining operation or issuing or reissuing an exploration permit for any exploration activity, the State Department of Geology and Mineral Industries shall require that the applicant for the permit file with it a bond or security acceptable to the department in a sum to be determined by the depart…
The Reclamation Guarantee Fund is established in the State Treasury, separate and distinct from the General Fund. The Reclamation Guarantee Fund shall consist of deposits of moneys received under ORS 517.810. Interest earned on the Reclamation Guarantee Fund shall be paid to the State Treasury and deposited in the General Fund to the credit of the Geology a…
The State Department of Geology and Mineral Industries may establish and administer a program that provides for the pooling of reclamation bonds to assist: An operator in complying with the reclamation bond requirements of ORS 517.810; A person engaging in small mining operations or small exploration projects on federally managed lands to comply with finan…
Upon good cause shown, the State Department of Geology and Mineral Industries may grant reasonable extensions of time for the completion by the landowner or operator and the submission to the department of a proposed reclamation plan required by ORS 517.790. Each reclamation plan submitted to the department must provide that all reclamation activities shall …
As used in this section, “significant aggregate resource” means the average minimum depth of aggregate, determined by rule of the Land Conservation and Development Commission, that is required for a local government to find that the aggregate resource is significant pursuant to a statewide land use planning goal that protects natural resources and conserves …
Upon receipt of an application for an operating permit, the State Department of Geology and Mineral Industries shall: Inspect the operating site described in the application; Provide notice to the local jurisdiction and an opportunity for the local jurisdiction to, within 30 days after the date of the notice, request that the department delay a decision on…
Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not modify an operating permit or reclamation plan without the consent of the operator. The department may modify an operating permit or reclamation plan without the consent of the operator if, because of changed conditions at the permitted site …
Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue an emergency operating permit if: A natural disaster, including but not limited to a flood or an earthquake, or the effects of a natural disaster threaten significant damage to property or to natural resources; and A surface mining operation is necessa…
A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the State Department of Geology and Mineral Industries release the existing operator from any reclamation obligations and transfer the operating permit to the successor. The department shall transfer the operating permi…
Notwithstanding ORS 517.810 and 517.830, the State Department of Geology and Mineral Industries may issue a temporary operating permit to a person if: After consultation, the local jurisdiction with land use authority over the permitted site does not raise substantive objections to the issuance of the permit; All cooperating agencies approve of the permit …
Notwithstanding ORS 517.831, the State Department of Geology and Mineral Industries may require conditions on any new or existing surface mining operating permit or reclamation plan sufficient to prevent or mitigate off-site impacts to ground water resources from the removal of water from surface mining operations. The department may include ground water mon…
The governing board of the State Department of Geology and Mineral Industries may adopt rules requiring the surveying or marking of surface mining operations. The rules may include, but are not limited to, requirements for maps or diagrams showing areas excavated or approved for excavation, setbacks or buffers established by the operating permit and the loc…
A person holding an operating permit issued pursuant to ORS 517.830 shall, no later than March 31 of each year, file an annual report with the State Department of Geology and Mineral Industries. The governing board of the department shall adopt rules describing the information relating to the permit and operations under the permit that must be included in th…
The governing board of the State Department of Geology and Mineral Industries shall administer and enforce the provisions of ORS 517.702 to 517.989 and: May conduct or cause to be conducted investigations, research, experiments and demonstrations and may collect and disseminate information related to surface mining and the reclamation of surface-mined lands…
At such reasonable times as the State Department of Geology and Mineral Industries may elect, the department, after reasonable advance notice has been given to the operator, may cause the permitted site to be inspected to determine if the operator has complied with the operating permit, reclamation plan, this chapter and the rules of the department.
Any portion of a mining property that is preserved from mining, including, but not limited to, a setback, buffer zone or no-impact area, may be excavated, reduced, added to, elevated, reshaped, contoured, graded or otherwise disrupted for the purpose of facilitating the reclamation of the mined area or integrating the reclaimed area with its surroundings. S…
If, from inspections conducted pursuant to ORS 517.850 or from any other source, the State Department of Geology and Mineral Industries determines that the operator has not complied with or is not complying with the operating permit, the reclamation plan, the provisions of this chapter or the rules of the department, the department may issue either or both o…
Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not revoke, terminate or refuse to renew an operating permit if marketable reserves exist at the permitted site and if there is a significant potential for continued mining opportunities given reasonably foreseeable economic conditions. The depar…
If an operator fails to faithfully perform the reclamation required by the reclamation plan and if the bond or security required by ORS 517.810 is not sufficient to compensate the State Department of Geology and Mineral Industries for all reasonably necessary costs and expenses incurred by it in reclaiming the surface-mined land, the amount due shall be a li…
Upon request of the operator, and when in the judgment of the State Department of Geology and Mineral Industries the reclamation has been completed in accordance with the reclamation plan, the operator shall be notified that the work has been found to be satisfactorily performed and is acceptable and the bond or security of the operator shall be adjusted acc…
When the State Department of Geology and Mineral Industries finds that an operator is conducting a surface mining operation for which an operating permit is required by ORS 517.702 to 517.989 or by rules adopted by the department, but has not been issued by the department, the department may issue an order to the operator to suspend the operation until an op…
Any final determinations made by the State Department of Geology and Mineral Industries in carrying out the provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder may be reviewed in the manner provided by the applicable provisions of ORS chapter 183.
Any production records, mineral assessments and trade secrets submitted by a mine operator or landowner to the State Department of Geology and Mineral Industries shall be confidential. (Nonaggregate Mineral Surface Mines)
ORS 517.910 to 517.989 only apply to surface mines for nonaggregate minerals. ORS 517.910 to 517.951 do not apply to surface mines for nonaggregate minerals that are subject to the provisions for consolidated operating permits set forth in ORS 517.952 to 517.989.
For the purposes of ORS 517.910 to 517.989: “Impact area” has the meaning given that term in ORS 215.298 (1). “Nonaggregate minerals” means coal and metal-bearing ores, including but not limited to ores that contain nickel, cobalt, lead, zinc, gold, molybdenum, uranium, silver, aluminum, chrome, copper or mercury. “Reclamation” means, notwithstanding ORS …
In addition to any other provision of law, the State Department of Geology and Mineral Industries shall not issue an operating permit until: The department has received a reclamation plan that contains but is not limited to: A description of the proposed mining operation; A description of what is to be mined; The present use of the land, the planned subs…
Upon receipt of an application for an operating permit subject to ORS 517.915 to mine a significant mineral resource site, the State Department of Geology and Mineral Industries shall activate a project coordinating committee as defined in ORS 517.952. The project coordinating committee shall be composed as provided in, and shall carry out the responsibiliti…
Each application for an operating permit under ORS 517.910 to 517.989 shall be accompanied by a fee sufficient to cover the costs of the State Department of Geology and Mineral Industries in processing the application as determined by the department.
The State Department of Geology and Mineral Industries shall have 120 days to act upon a completed permit application.
Notwithstanding ORS 517.850, if the State Department of Geology and Mineral Industries has reason to believe that the provisions of an operating permit are being violated or that a surface mining operation is being conducted without a valid operating permit, it may inspect such surface mining areas without prior notice.
The Legislative Assembly declares that ORS 517.910 to 517.989 are not intended to provide the legal basis for assumption by the State of Oregon of exclusive jurisdiction over the environmental regulation of surface coal mining and reclamation operations described in section 503 of the federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1253…
As used in ORS 517.952 to 517.989: “Affected agency” includes permitting agencies, cooperating agencies and commenting agencies. “Baseline data” means information gathered to characterize the natural and cultural environments of a mining operation site before a mining operation begins. “Commenting agency” means any agency that makes recommendations to the…
Notwithstanding the policy set forth in ORS 517.760, the Legislative Assembly finds and declares that it is the policy of the State of Oregon to protect the environmental, scenic, recreational, social, archaeological and historic resources of this state from unacceptable adverse impacts that may result from mining operations, while permitting operations that…
ORS 517.952 to 517.989 apply only to mining operations as defined in ORS 517.952. ORS 517.952 to 517.989 do not apply to placer mining.
Mining operations in Oregon shall comply with the following: Mining operations shall be undertaken in a manner that minimizes environmental damage through the use of the best available, practicable and necessary technology to ensure compliance with environmental standards. Protection measures for fish and wildlife shall be consistent with policies of the S…
The State Department of Geology and Mineral Industries shall coordinate the activities of the affected agencies related to the consolidated application process established under ORS 517.952 to 517.989.
Any person proposing to conduct a mining operation shall comply with the requirements for the preapplication process set forth in ORS 517.961 to 517.969. The purpose of such process shall be to identify significant issues to be addressed in the consolidated application process set forth in ORS 517.971 to 517.987.
Whenever required in ORS 517.952 to 517.989, public notice shall include information sufficient to inform the public of the proposed activity or event and shall include: Notification to all permitting and cooperating agencies. Notice by mail to each owner of property located within one-half mile of the perimeter of the proposed site of the mining operation…
A prospective applicant for a mining operation permit shall file with the State Department of Geology and Mineral Industries a notice of intent to submit an application and post copies of the notice along the perimeter of the location of the proposed operation. The posting shall be sufficient to inform the public of the intended action and a legal descriptio…
Upon receipt of a notice of intent under ORS 517.961, the State Department of Geology and Mineral Industries shall: Provide notice as required under ORS 517.959. The notice shall be sufficient to inform the public of the nature, size and location of the proposed mining operation. Activate a project coordinating committee for the proposed mining operation a…
A project coordinating committee shall be composed of representatives from the State Department of Geology and Mineral Industries, all permitting and cooperating agencies, local government agencies and affected federal agencies. Each permitting and cooperating agency shall designate an appropriate staff member to serve on the committee. The project coordinat…
A technical review team shall be composed of representatives from the State Department of Geology and Mineral Industries and each permitting agency and cooperating agency. The technical review team shall: Establish methodology guidelines to be followed in the collection of baseline data; Coordinate with the applicant the use of baseline data collection met…
Upon receipt of notice from a prospective applicant that the prospective applicant is ready to begin collecting baseline data, the State Department of Geology and Mineral Industries shall: Provide notice in accordance with ORS 517.959 that the prospective applicant intends to begin baseline data collection and the location where additional background inform…
Each applicant for a permit to operate a mining operation shall submit a consolidated application to the State Department of Geology and Mineral Industries. The department and the permitting and cooperating agencies shall not begin deliberating on whether to issue a permit until the department receives an application fee and a complete consolidated applicati…
In addition to any permit fee required by any other permitting agency, each notice of intent to submit a consolidated application under ORS 517.961 must be accompanied by an initial fee established by the State Geologist in an amount not to exceed $10,000. Annually on the anniversary date of an operating permit, each holder of an operating permit shall pay …
Upon receipt of a completed consolidated application, the State Department of Geology and Mineral Industries shall: Provide copies of the application to each affected local government, permitting agency, cooperating agency or federal agency. Provide notice of the receipt of the consolidated application in accordance with ORS 517.959. The notice shall inclu…
When all members of the technical review team concur that the permitting agencies and the cooperating agencies are ready to begin preparing draft permits, the State Department of Geology and Mineral Industries shall conduct a public hearing and accept written comments on whether the information contained in the consolidated application is complete and suffic…
After the State Department of Geology and Mineral Industries issues a notice to proceed, the consolidated application shall be considered complete unless: New information is available that could not have been presented at the time of the completeness hearing; or Additional information is necessary to allow the permitting or cooperating agencies to make a d…
The State Department of Geology and Mineral Industries shall direct staff or shall hire a third party contractor to: Prepare an environmental evaluation; Review baseline data submitted by the applicant; and Review application material if a permitting agency or a cooperating agency lacks the expertise. The applicant shall pay costs of hiring a third party…
Concurrent with the development of the environmental evaluation, the State Department of Geology and Mineral Industries shall direct staff or hire a third party contractor to prepare a socioeconomic impact analysis for the use of the applicant, local government and affected agencies.
Within 225 days after receiving the completed consolidated application and the environmental evaluation conducted under ORS 517.979, each permitting agency shall provide its draft permit and permit conditions or its denial document to the State Department of Geology and Mineral Industries. If a permitting agency includes in its draft permit a condition that …
Based on information received at the consolidated public hearing, from persons submitting written comments, commenting agencies and the review of the affected agencies, each permitting agency shall, within 45 days after the consolidated public hearing under ORS 517.981 or within the time period required by any applicable federal law, whichever is sooner, app…
The applicant or any person who appeared before a permitting agency at the consolidated public hearing under ORS 517.981, either orally or in writing, regarding a permit granted or denied by the permitting agency may file with the State Geologist a written request for a consolidated contested case hearing. The request shall be filed within 30 days after the …
The operator, the State Department of Geology and Mineral Industries, any other permitting agency or a cooperating agency may request modification of a permit issued under the process established under ORS 517.952 to 517.989. If a permitting agency is requested to make a permit modification that the permitting agency or a cooperating agency finds is a signi…
In accordance with applicable provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries shall adopt rules necessary to implement the provisions of ORS 517.952 to 517.989. The rules shall include but need not be limited to: The information required to be submitted in a notice of intent; The fee that the dep…
Notwithstanding any other provision of law, the State Department of Geology and Mineral Industries and any other permitting agency shall take final action to issue or deny a permit subject to the consolidated application process set forth in ORS 517.952 to 517.989 within one year after issuance of a notice to proceed under ORS 517.977. However, with the conc…
At the time of submitting a consolidated application under ORS 517.971, the applicant shall estimate the total cost of reclamation consistent with the standards imposed under ORS 517.702 to 517.989. Using the reclamation estimate and a credible accident analysis as a guide, the State Department of Geology and Mineral Industries shall make an initial determin…
The State Department of Fish and Wildlife shall develop conditions for the protection of fish and wildlife resources that shall be included in any permit issued by the State Department of Geology and Mineral Industries under the process established under ORS 517.952 to 517.989. The State Department of Fish and Wildlife shall have the right of ingress and eg…
Except as provided in subsections (2) and (3) of this section, the State Department of Geology and Mineral Industries and all permitting and commenting agencies shall review and take action on a consolidated application in accordance with rules in effect at the time the notice of intent to submit an application is filed under ORS 517.961. Subsection (1) of …
A person who conducts a surface mining operation without a valid operating permit as required by ORS 517.750 to 517.901 commits a Class A violation. Subject to ORS 153.022, violation of any provision of ORS 517.750 to 517.901, or any rules promulgated pursuant thereto, or of any conditions of an operating permit is a Class A violation. Subject to ORS 153.0…
In addition to any other sanction authorized by law, the governing board of the State Department of Geology and Mineral Industries may impose a civil penalty of not less than $200 per day and not more than $50,000 per day for any violation of ORS 517.952 to 517.989, of any rules adopted under those provisions, of any orders issued under those provisions or o…