Oregon Law
Law as of Jan 1, 2024
Chapter contents
517.005Legislative findings 517.010Location of mining claims upon veins or lodes 517.020[Repealed by 1971 c.228 §1] 517.030Recording copy of location notice; fee 517.040Abandoned claims 517.042“Legal subdivision” defined for ORS 517.042 to 517.052 517.044Location of claims upon placer deposits; posting notice 517.046Marking boundaries of claim or locating by legal subdivisions 517.048[1961 c.525 §4; repealed by 1971 c.228 §1] 517.050[Renumbered as part of 517.065] 517.052Recording copy of location notice; fee 517.060Correcting defective notice of location 517.065Effect of noncompliance with law in locating claim 517.070Certain locations subject to prior rights 517.080Mining claims as realty 517.090Application to claims of law governing transfers and mortgages of realty 517.100Sums payable on redemption of claim; interest 517.110Grubstaking contracts 517.120Definitions for ORS 517.120 to 517.133 517.123Legislative findings 517.125Rules to be adopted in consultation with affected parties 517.128Restricting access to open mining area or mining claim prohibited 517.130Mineral trespass 517.133Interfering with a mining operation 517.135Exemption from crimes of mineral trespass and interfering with a mining operation 517.140Legislative findings; mining using motorized equipment in beds and banks of rivers 517.160Location of nonmineral land as millsite; notice; fee 517.170Policy 517.180Procedure for extinguishing dormant mineral interest 517.210Recording affidavit of annual compliance 517.220Affidavit or lack thereof as evidence; recording fee 517.230Performance of assessment work by co-owners 517.240Failure of co-owner to contribute; notice 517.250Form of notice; service; publication 517.260Notice; return and proof of service 517.270Vesting of interest of delinquent co-owner 517.280Certificate of ownership; issuance 517.290Fee for certificate 517.300Effect of certificate; certified copy of certificate, notice and return admissible as evidence 517.310Recording and indexing certificate; fee; effect 517.320Counteraffidavits of delinquent owner; suit to quiet title; judgment 517.330Accounting for fees 517.410[Amended by 1961 c.419 §1; part renumbered 273.920; remainder renumbered 273.355] 517.420[Amended by 1955 c.528 §1; 1961 c.419 §2; 1983 c.740 §206; repealed by 1993 c.340 §2] 517.430Use of timber by lessee 517.440Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers 517.450[Repealed by 1971 c.743 §432] 517.510[Repealed by 1993 c.742 §114] 517.520[Repealed by 1993 c.742 §114] 517.530[Repealed by 1993 c.742 §114] 517.540[Repealed by 1993 c.742 §114] 517.550[Repealed by 1993 c.742 §114] 517.610[Repealed by 1953 c.188 §2] 517.611[1957 c.580 §1; repealed by 1987 c.260 §1] 517.620[Repealed by 1953 c.188 §2] 517.621[1957 c.580 §2; repealed by 1987 c.260 §1] 517.630[Repealed by 1953 c.188 §2] 517.631[1957 c.580 §3; repealed by 1987 c.260 §1] 517.640[Repealed by 1953 c.188 §2] 517.641[1957 c.580 §4; repealed by 1987 c.260 §1] 517.650[1957 c.580 §5; repealed by 1987 c.260 §1] 517.660[1957 c.580 §6; repealed by 1987 c.260 §1] 517.670[1957 c.580 §7; repealed by 1987 c.260 §1] 517.680[1957 c.580 §8; repealed by 1987 c.260 §1] 517.690[1957 c.580 §9; repealed by 1987 c.260 §1] 517.700[1957 c.580 §10; repealed by 1987 c.260 §1] 517.702Legislative findings 517.705Exploration permit; application; information required; fees; confidentiality of production records, mineral assessments or trade secrets 517.710Fees 517.715Exemptions from permit requirement 517.720Persons with operating permit exempted 517.725Department inspection of exploration site 517.730Drill hole or well abandonment; rules 517.735Exploration on land administered by Department of State Lands 517.740Rules 517.750Definitions for ORS 517.702 to 517.989 517.753Exclusion certificate required for certain small-scale surface mining operations; application; fees 517.755Mining operations affecting more than five acres 517.760Policy 517.770Exemptions from reclamation requirements 517.775Permit fee for certain landowners and operators; erosion stabilization at mining operations exempt from reclamation 517.780Effect on county zoning laws or ordinances; rules; certain operations exempt 517.785[1983 c.20 §3; 1985 c.292 §7; 1987 c.361 §8; repealed by 2007 c.318 §28] 517.790Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit; provisional operating permit 517.795Department to consult with and cooperate with other agencies 517.797Memorandum of agreement with Department of State Lands regarding permitting 517.800Fees; rules; annual report 517.810Requirement for bond or security; rules; other security in lieu of bond 517.813Reclamation Guarantee Fund 517.815Reclamation bond pooling program; requirements; rules 517.820Extensions of time for submission of proposed reclamation plans; time limit for reclamation completion; consultation with cooperating agencies 517.825Mining aggregate on high-value farmland; requirements; rules 517.830Operating permit approval process; appeal from denial of plan; consolidated application process 517.831Modification of operating permit or reclamation plan; opportunity for alternative dispute resolution 517.832Emergency operating permit; rules 517.833Transfer of operating permit; rules 517.834Temporary operating permit; rules 517.835Conditions on operating permit or reclamation plan to prevent impact on ground water 517.836Surveying or marking surface mining operations; rules 517.837Annual report by permittee; rules 517.840Administration and enforcement of ORS 517.702 to 517.989; rules 517.850Inspection of permit area 517.855Disruption of portion of mining property preserved from mining 517.860Effect of failure to comply with operating permit or reclamation plan; department may perform work and assess costs against bond or security 517.862Revocation, termination or refusal to renew operating permit 517.865Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure 517.870Adjustment of bond or security of operator upon satisfactory completion of reclamation work 517.880Order for suspension of surface mining operation operating without required permit; enjoining operation upon failure of operator to comply; completion of reclamation by department 517.890Review of final determination 517.900[1971 c.719 §14; 1985 c.292 §14; repealed by 1999 c.492 §9 (517.901 enacted in lieu of 517.900)] 517.901Confidentiality of production records, mineral assessments and trade secrets 517.905Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951 517.910Definitions for ORS 517.910 to 517.989 517.915Additional operating permit requirements for nonaggregate mineral mines; denial of permit if reclamation not possible 517.917Activation of project coordinating committee 517.920Permit application fees under ORS 517.910 to 517.989 517.925Time limit for action on permit application 517.930Department inspection 517.935[1981 c.622 §12; repealed by 2013 c.371 §36] 517.940[1981 c.622 §11; 1985 c.291 §5; 2007 c.318 §23; repealed by 2013 c.371 §36] 517.945[1981 c.622 §13; repealed by 1999 c.353 §9] 517.947[1987 c.693 §§2,3; 1989 c.171 §68; repealed by 1991 c.735 §39] 517.949[1987 c.693 §4; repealed by 1991 c.735 §39] 517.950[1981 c.622 §10; 1985 c.292 §15; 1989 c.461 §3; 1995 c.79 §298; 2007 c.318 §24; repealed by 2013 c.371 §36] 517.951Legislative intent not to assume exclusive jurisdiction 517.952Definitions for ORS 517.952 to 517.989 517.953Policy 517.954Application of ORS 517.952 to 517.989 517.955[1981 c.622 §16; renumbered 517.951 in 1991] 517.956Requirements for mining operations; rules 517.957Department coordination of activities of affected agencies 517.958Compliance with preapplication process; purpose 517.959Public notice requirements for ORS 517.952 to 517.989; master list of interested parties; fees 517.960[1989 c.347 §2; renumbered 517.702 in 1991] 517.961Notice of intent to submit application; posting of notice 517.962[1989 c.347 §3; renumbered 517.705 in 1991] 517.963Department duties upon receipt of notice of intent 517.964[1989 c.347 §4; renumbered 517.710 in 1991] 517.965Project coordinating committee 517.966[1989 c.347 §8; renumbered 517.715 in 1991] 517.967Technical review team 517.968[1989 c.347 §6; renumbered 517.720 in 1991] 517.969Collection of baseline data; public informational meetings; collection methodology 517.970[1989 c.347 §5; renumbered 517.725 in 1991] 517.971Consolidated application 517.972[1989 c.347 §7; renumbered 517.730 in 1991] 517.973Fees; payment of expenses of department and permitting and cooperating agencies 517.974[1989 c.347 §9; renumbered 517.735 in 1991] 517.975Distribution of completed consolidated application; notice of receipt of application 517.976[1989 c.347 §16; renumbered 517.740 in 1991] 517.977Preparation of draft permits; public hearing; determination of completeness of consolidated application 517.978Review of application; additional information 517.979Environmental evaluation; review of baseline data; payment of costs of third party contractor 517.980Socioeconomic impact analysis 517.981Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit 517.982Final permits; permit conditions submitted by cooperating agencies 517.983Consolidated contested case hearing; judicial review; stay of permit 517.984Modification of permit; project coordinating committee 517.985Rulemaking 517.986Time limit for final action on permit subject to consolidated application process 517.987Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security 517.988Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions 517.989Rules applicable to consolidated application 517.990Criminal penalties 517.992Civil penalties; rules

Chapter 517 — Mining and Mining Claims

ORS 517.135 Exemption from crimes of mineral trespass and interfering with a mining operation

(1)

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.

(2)

As used in subsection (1) of this section, “laws or judicial decrees” includes but is not limited to:

(a)

Laws defining duties and functions of public servants;

(b)

Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and

(c)

Judgments and orders of courts.

Note: See note under 517.120.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.