517 · Note Study--2013 c.783 §§8,9 Note Requirements related to mining using motorized...

Chapter 5172013 EDITION

Mining and Mining Claims

MINING CLAIMS(Veins or Lodes)

517.010 Location of mining claims upon veins orlodes

517.030 Recording copy of location notice; fee517.040 Abandoned claims

(Placer Deposits)517.042 “Legal subdivision” defined for ORS

517.042 to 517.052517.044 Location of claims upon placer deposits;

posting notice517.046 Marking boundaries of claim or locating

by legal subdivisions517.052 Recording copy of location notice; fee

(General Provisions)517.060 Correcting defective notice of location517.065 Effect of noncompliance with law in lo-

cating claim517.070 Certain locations subject to prior rights517.080 Mining claims as realty517.090 Application to claims of law governing

transfers and mortgages of realty517.100 Sums payable on redemption of claim; in-

terest517.110 Grubstaking contracts

PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

517.120 Definitions for ORS 517.120 to 517.133517.123 Legislative findings517.125 Rules to be adopted in consultation with

affected parties517.128 Restricting access to open mining area or

mining claim prohibited517.130 Mineral trespass517.133 Interfering with a mining operation517.135 Exemption from crimes of mineral tres-

pass and interfering with a mining opera-tion

MINING USING MOTORIZED EQUIPMENT IN BEDS

AND BANKS OF RIVERS517.140 Legislative findings; mining using motor-

ized equipment in beds and banks of riv-ers

Note Study--2013 c.783 §§8,9Note Requirements related to mining using

motorized equipment--2013 c.783 §§5,6,7Note Moratorium on mining using motorized

equipment--2013 c.783 §§2,3,4

MILLSITES517.160 Location of nonmineral land as millsite;

notice; fee

EXTINGUISHING DORMANT MINERAL INTEREST

517.170 Policy517.180 Procedure for extinguishing dormant

mineral interest

ASSESSMENT WORK517.210 Recording affidavit of annual compliance517.220 Affidavit or lack thereof as evidence; re-

cording fee517.230 Performance of assessment work by co-

owners517.240 Failure of co-owner to contribute; notice517.250 Form of notice; service; publication517.260 Notice; return and proof of service517.270 Vesting of interest of delinquent co-owner517.280 Certificate of ownership; issuance517.290 Fee for certificate517.300 Effect of certificate; certified copy of cer-

tificate, notice and return admissible asevidence

517.310 Recording and indexing certificate; fee;effect

517.320 Counteraffidavits of delinquent owner;suit to quiet title; judgment

517.330 Accounting for fees

MINING LEASES517.430 Use of timber by lessee517.440 Lessee, licensee, or operator of mine

deemed bailee of yield until payment oflessor and workers

MINERAL EXPLORATION517.702 Legislative findings517.705 Exploration permit; application; informa-

tion required; confidentiality of produc-tion records, mineral assessments or tradesecrets

517.710 Fees517.715 Exemptions from permit requirement517.720 Persons with operating permit exempted517.725 Department inspection of exploration site517.730 Drill hole or well abandonment; rules517.735 Exploration on land administered by De-

partment of State Lands517.740 Rules

RECLAMATION OF MINING LANDS

(Generally)517.750 Definitions for ORS 517.702 to 517.989517.755 Mining operations affecting more than

five acres517.760 Policy517.770 Exemptions from reclamation require-

ments

Title 43 (2013 Edition)

MINERAL RESOURCES

517.775 Permit fee for certain landowners andoperators; erosion stabilization at miningoperations exempt from reclamation

517.780 Effect on county zoning laws or ordi-nances; rules; certain operations exempt

517.790 Operating permit required for surfacemining on certain lands; application forpermit; proposed reclamation plans;waiver of requirement for preparation andapproval of reclamation plan; refusal toissue operating permit

517.795 Department to consult with and cooperatewith other agencies

517.797 Memorandum of agreement with Depart-ment of State Lands regarding permitting

517.800 Fees; rules517.810 Requirement for bond or security; rules;

other security in lieu of bond517.815 Reclamation bond pooling program; re-

quirements; rules517.820 Extensions of time for submission of pro-

posed reclamation plans; time limit forreclamation completion; consultation withstate agencies

517.825 Mining aggregate on high-value farmland;requirements; rules

517.830 Inspection of operating site; approval ofapplication for operating permit; effect offailure to approve or refusal to approvereclamation plan; appeal from denial ofplan; consolidated application process

517.831 Modification of operating permit or recla-mation plan; opportunity for alternativedispute resolution

517.832 Emergency operating permit; rules517.833 Transfer of operating permit; rules517.834 Temporary operating permit; rules517.835 Conditions on operating permit or recla-

mation plan to prevent impact on groundwater

517.836 Surveying or marking surface mining op-erations; rules

517.837 Annual report by permittee; rules517.840 Administration and enforcement of ORS

517.702 to 517.989; rules517.850 Inspection of permit area517.855 Disruption of portion of mining property

preserved from mining517.860 Effect of failure to comply with operating

permit or reclamation plan; departmentmay perform work and assess costsagainst bond or security

517.862 Revocation, termination or refusal to re-new operating permit

517.865 Effect of failure to perform reclamationand insufficient bond; lien; notice; prior-ity; foreclosure

517.870 Adjustment of bond or security of opera-tor upon satisfactory completion of recla-mation work

517.880 Order for suspension of surface miningoperation operating without required per-mit; enjoining operation upon failure ofoperator to comply; completion of recla-mation by department

517.890 Review of final determination517.901 Confidentiality of production records,

mineral assessments and trade secrets

(Nonaggregate Mineral Surface Mines)517.905 Applicability of ORS 517.910 to 517.989 and

517.910 to 517.951517.910 Definitions for ORS 517.910 to 517.989517.915 Additional operating permit requirements

for nonaggregate mineral mines; denialof permit if reclamation not possible

517.920 Permit application fees under ORS 517.910to 517.989

517.925 Time limit for action on permit applica-tion

517.930 Department inspection517.951 Legislative intent not to assume exclusive

jurisdiction

MINING OPERATIONS SUBJECT TO CONSOLIDATED

APPLICATION PROCESS517.952 Definitions for ORS 517.952 to 517.989517.953 Policy517.954 Application of ORS 517.952 to 517.989517.956 Requirements for mining operations; rules517.957 Department coordination of activities of

affected agencies517.958 Compliance with preapplication process;

purpose517.959 Public notice requirements for ORS 517.952

to 517.989; master list of interested parties;fees

517.961 Notice of intent to submit application;posting of notice

517.963 Department duties upon receipt of noticeof intent

517.965 Project coordinating committee517.967 Technical review team517.969 Collection of baseline data; public infor-

mational meetings; collection methodol-ogy

517.971 Consolidated application517.973 Fees; payment of expenses of department

and permitting and cooperating agencies517.975 Distribution of completed consolidated

application; notice of receipt of applica-tion

517.977 Preparation of draft permits; public hear-ing; determination of completeness ofconsolidated application

517.978 Review of application; additional informa-tion

517.979 Environmental evaluation; review ofbaseline data; payment of costs of thirdparty contractor

517.980 Socioeconomic impact analysis517.981 Draft permit and permit conditions; denial

of permit; time limits; public hearing ondraft permit

517.982 Final permits; permit conditions submit-ted by cooperating agencies

517.983 Consolidated contested case hearing; judi-cial review; stay of permit

517.984 Modification of permit; project coordinat-ing committee

517.985 Rulemaking517.986 Time limit for final action on permit sub-

ject to consolidated application process


MINING AND MINING CLAIMS

517.987 Reclamation bond or security; annual as-sessment of cost of reclamation; lien; re-lease of security; post-reclamationsecurity

517.988 Permit conditions by State Departmentof Fish and Wildlife; violations of StateDepartment of Fish and Wildlife condi-tions

517.989 Rules applicable to consolidated applica-tion

PENALTIES517.990 Criminal penalties

517.992 Civil penalties; rules


MINERAL RESOURCES


MINING AND MINING CLAIMS 517.046

MINING CLAIMS(Veins or Lodes)

517.010 Location of mining claimsupon veins or lodes. (1) Any person, a citi-zen of the United States, or one who has de-clared an intention to become such, whodiscovers a vein or lode of mineral-bearingrock in place upon the unappropriated publicdomain of the United States within thisstate, may locate a claim upon such vein orlode by posting thereon a notice of such dis-covery and location. The notice shall con-tain:

(a) The name of the lode or claim.(b) The names of the locators.(c) The date of the location.(d) The number of linear feet claimed

along the vein or lode each way from thepoint of discovery, with the width on eachside of the lode or vein.

(e) The general course or strike of thevein or lode as nearly as may be, with refer-ence to some natural object or permanentmonument in the vicinity, and by definingthe boundaries upon the surface of eachclaim so that the same may be readily traced.

(2)(a) Such boundaries shall be markedwithin 30 days after posting of such noticeby four substantial posts, projecting not lessthan three feet above the surface of theground, and made of wood measuring not lessthan one and one-half inch by one and one-half inch, or by substantial mounds of stone,or earth and stone, at least two feet inheight, one such post or mound of rock ateach corner of such claims.

(b) During the course of normal mainte-nance of the claim location posts or monu-ments, any post that requires replacementand is not constructed of naturally occurringmaterials shall be replaced by posts that aremade of wood measuring not less than oneand one-half inch by one and one-half inchon a side and that project not less than threefeet above the surface of the ground.

(3) At such time as any lode miningclaim is declared invalid by the UnitedStates Department of the Interior, Bureau ofLand Management or is otherwise droppedby the last claim holder of record withouttransfer through lease or sale to anotherperson, all claim location posts not made ofnatural materials shall be removed from thepublic domain of the United States and atthe same time any post made of natural ma-terials shall be removed or dismantled.[Amended by 1991 c.215 §1]

517.020 [Repealed by 1971 c.228 §1]

517.030 Recording copy of location no-tice; fee. The locator shall, within 60 daysfrom the posting of the location notices by

the locator upon the lode or claim, recordwith the clerk of the county where the claimis situated, who shall be the custodian ofmining records and miners’ liens, a copy ofthe notice posted by the locator upon thelode or claim and shall pay the clerk a feefor such recording as provided in ORS205.320, which sum the clerk shall imme-diately pay over to the treasurer of thecounty and shall take a receipt therefor, asin case of other county funds coming into thepossession of such officer. The clerk shallimmediately record the location notice.[Amended by 1971 c.228 §2; 1971 c.621 §33; 1973 c.598 §4;1975 c.607 §36; 1979 c.833 §31; 1991 c.230 §25; 1999 c.654§28]

517.040 Abandoned claims. Abandonedclaims are unappropriated mineral lands, andtitles thereto shall be obtained as specifiedin ORS 517.010 and 517.030, without refer-ence to any work previously done thereon.

(Placer Deposits)517.042 “Legal subdivision” defined for

ORS 517.042 to 517.052. As used in ORS517.042 to 517.052, unless the context re-quires otherwise, “legal subdivision” meansa subdivision of a state survey or of a UnitedStates survey which has been extended overthe geographic area to be described. [1961 c.525§1]

517.044 Location of claims upon placerdeposits; posting notice. Any individual, acitizen of the United States, or one who hasdeclared an intention to become such, whodiscovers a placer deposit of minerals uponthe unappropriated public domain of theUnited States within this state, which min-erals are subject to location under the min-eral and mining laws of the United States,may locate a placer claim thereon by postingin a conspicuous place thereon a notice ofsuch discovery and location. The noticeshall contain:

(1) The name of the claim.(2) The name of the individual or indi-

viduals locating the claim.(3) The date of the location of the claim.(4) The number of feet or acres claimed,

together with a description, either by legalsubdivisions, if practicable, or if not, then byreference to some natural object or perma-nent monument in the vicinity of the claim,which will identify the claim located. [1961c.525 §2]

517.046 Marking boundaries of claimor locating by legal subdivisions. (1) Un-less the claim for placer deposit referred toin ORS 517.044 is located by legal subdi-visions, the surface boundaries of the claimmust be marked so that the same may bereadily traced. Such boundaries shall be


517.052 MINERAL RESOURCES

marked within 30 days after the posting ofthe notice described in ORS 517.044 by sub-stantial posts or other monuments of thesame size, materials and dimensions as in thecase of quartz claims. The boundaries of theclaim shall be marked at each corner or an-gle, and, when any side or end of the claimextends for more than 1,320 feet without acorner or angle, then at intervals of not lessthan 1,320 feet along such side or end.

(2) Where the claim for placer depositreferred to in ORS 517.044 is taken by legalsubdivisions, no other reference in the noticeof claim required to be posted and filed underthe provisions of ORS 517.042 to 517.052 thanto the legal subdivisions shall be requiredand the boundaries of a claim so located anddescribed need not be staked or monumented.The description by legal subdivisions in thenotice required to be filed under ORS 517.052shall be deemed the equivalent of markingthe surface boundaries of the claim. [1961 c.525§3]

517.048 [1961 c.525 §4; repealed by 1971 c.228 §1]

517.050 [Renumbered as part of 517.065]

517.052 Recording copy of location no-tice; fee. The individual locating a placerdeposit shall, within 60 days from the postingof the location notice upon the claim, recordwith the clerk of the county where the claimis situated, a copy of the notice posted by theindividual upon the claim. The fee for re-cording such location notice shall be the feeprovided for in ORS 205.320. The clerk shallimmediately record the location notice. [1961c.525 §5; 1971 c.228 §3; 1991 c.230 §26; 1999 c.654 §29]

(General Provisions)

517.060 Correcting defective notice oflocation. If at any time an individual whohas located a mining claim within the mean-ing of ORS 517.010 or 517.044, or the assignsof the individual, apprehends that the ori-ginal notice of location of the mining claimwas defective, erroneous, or that the re-quirements of the law had not been compliedwith before the filing of the notice, such lo-cator or assigns may post and record in themanner now provided by law, an amendednotice of the location which shall relate backto the date of the original location. However,the posting and recording of the amendednotice of location shall not interfere with theexisting rights of others at the time of post-ing the amended notice. [Amended by 1961 c.525§7; 1991 c.230 §27]

517.065 Effect of noncompliance withlaw in locating claim. (1) Subject to ORS517.060, all locations or attempted locationsof quartz mining claims subsequent to De-

cember 31, 1898, that do not comply withORS 517.010 and 517.030 are void.

(2) Except as provided in ORS 517.060, alllocations or attempted locations of placermining claims made after August 9, 1961,that do not comply with the provisions ofORS 517.042 to 517.052 are void. [Subsection (1)formerly 517.050; subsection (2) enacted as 1961 c.525§6]

517.070 Certain locations subject toprior rights. Any location of any miningclaim made upon any natural stream, orcontiguous or near to any placer mine, orupon or below the dump of any placer mine,shall be subject to the prior right of allmines in operation prior to the making ofsuch location, to discharge debris, gravel,earth, and slickens which were or may bedischarged at the time of making such sub-sequent location.

517.080 Mining claims as realty. Allmining claims, whether quartz or placer, arereal estate. The owner of the possessoryright thereto has a legal estate thereinwithin the meaning of ORS 105.005.

517.090 Application to claims of lawgoverning transfers and mortgages ofrealty. All conveyances of mining claims orof interests therein, either quartz or placer,whether patented or unpatented, are subjectto the provisions governing transfers andmortgages of other realty as to execution,recordation, foreclosure, execution sale andredemption. However, such redemption bythe judgment debtor must take place within60 days from date of confirmation, or suchright is lost. [Amended by 2003 c.14 §339]

517.100 Sums payable on redemptionof claim; interest. In case of redemptionfrom sale under judgment, the redemptionershall pay such sums as are now required bylaw for redemption under execution sale, andsuch additional sum as may have been ex-pended upon the property so redeemed by thepurchaser under execution, or the assigns ofthe purchaser, in order to keep alive thepossessory right thereto after the executionsale, not exceeding $100 for each claim, with10 percent interest thereon from date of suchexpenditures. [Amended by 2003 c.576 §466]

517.110 Grubstaking contracts. Allcontracts of mining copartnership, commonlyknown as “grubstaking,” shall be in writing,and recorded with the clerk of the countywherein the locations thereunder are made.Unless contracts of mining copartnershipcontain the names of the parties thereto andthe duration thereof, the contracts are void.[Amended by 1991 c.230 §28]



PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

517.120 Definitions for ORS 517.120 to517.133. As used in ORS 517.120 to 517.133:

(1) “Mining” means the removal of gold,silver or other precious minerals from aggre-gate or a vein of ore.

(2) “Mining claim” means a portion ofthe public lands claimed for the valuableminerals occurring in those lands and forwhich the mineral rights are obtained underfederal law or a right that is recognized bythe United States Bureau of Land Manage-ment and given an identification number.

(3) “Prospecting” means to search or ex-plore, using motorized or nonmotorizedmethods, for samples of gold, silver or otherprecious minerals from among small quanti-ties of aggregate or ore.

(4) “Recreational mining” means miningin a manner that is consistent with a hobbyor casual use, including use on public landsset aside or withdrawn from mineral entryfor the purpose of recreational mining, orusing pans, sluices, rocker boxes, other non-motorized equipment and dredges with mo-tors of 16 horsepower or less and a suctionnozzle of four inches or less in diameter.

(5) “Small scale mining” means miningon a valid federal mining claim operatingunder a notice of intent or plan of operationswhile using whatever equipment is neces-sary, as approved by the notice of intent orplan of operations, to locate, remove and im-prove the claim. [1999 c.354 §1]

Note: 517.120 to 517.135 were enacted into law bythe Legislative Assembly but were not added to or madea part of ORS chapter 517 or any series therein by leg-islative action. See Preface to Oregon Revised Statutesfor further explanation.

517.123 Legislative findings. The Legis-lative Assembly finds that prospecting, smallscale mining and recreational mining:

(1) Are important parts of the heritageof the State of Oregon; and

(2) Provide economic benefits to the stateand local communities. [1999 c.354 §2; 2013 c.783§10]

Note: See note under 517.120.

517.125 Rules to be adopted in consul-tation with affected parties. Any rule per-taining to recreational or small scale miningadopted after June 28, 1999, shall be adoptedin consultation with affected parties. [1999c.354 §3]


517.128 Restricting access to openmining area or mining claim prohibited.A person may not attempt to restrict accessto any open mining area or valid miningclaim or to harass or interfere in any way

with a person engaged in lawful mining ac-tivities. [1999 c.354 §4]


517.130 Mineral trespass. (1) As used inthis section:

(a) “Bedrock sluice” means a wood ormetal flume or trough that is permanentlyattached to the bedrock of the creek and isequipped with transverse riffles across thebottom of the unit and used to recover heavymineral sands.

(b) “Deface” includes but is not limitedto altering, pulling down, damaging or de-stroying.

(c) “Dredge” means a subsurface hosefrom 1.5 to 10 inches in diameter that ispowered by an engine and is used to drawup auriferous material that is then separatedin the sluice portion of the unit.

(d) “Flume” means a trough used to con-vey water.

(e) “Quartz mill” means a facility forprocessing ores or gravel.

(f) “Rocker box” means a unit con-structed of a short trough attached to curvedsupports that allow the unit to be rockedfrom side to side.

(g) “Sluice box” means a portable unitconstructed of a wood or metal flume ortrough equipped with transverse rifflesacross the bottom of the unit and that isused to recover heavy mineral sands.

(2) A person commits the crime of min-eral trespass if the person intentionally andwithout the permission of the claim holder:

(a) Enters a mining claim posted as re-quired in ORS 517.010 or 517.044 and dis-turbs, removes or attempts to remove anymineral from the claim site;

(b) Tampers with or disturbs a flume,rocker box, bedrock sluice, sluice box,dredge, quartz mill or other mining equip-ment at a posted mining claim; or

(c) Defaces a location stake, side post,corner post, landmark, monument or postedwritten notice within a posted mining claim.

(3) Mineral trespass is a Class C misde-meanor. [1999 c.354 §5]


517.133 Interfering with a mining op-eration. (1) As used in this section, “lawfulmining operation” means any small scalemining operation that is in full compliancewith state and federal laws.

(2) A person commits the crime of inter-fering with a mining operation if the personintentionally:

(a) Interferes with a lawful mining oper-ation; or



(b) Stops, or causes to be stopped, a law-ful mining operation.

(3) Interfering with a mining operation isa Class C misdemeanor. [1999 c.354 §6]


517.135 Exemption from crimes ofmineral trespass and interfering with amining operation. (1) ORS 517.128 to517.133 do not apply to conduct that wouldotherwise constitute an offense when it isrequired or authorized by law or judicial de-cree or is performed by a public servant inthe reasonable exercise of official powers,duties or functions.

(2) As used in subsection (1) of this sec-tion, “laws or judicial decrees” includes butis not limited to:

(a) Laws defining duties and functions ofpublic servants;

(b) Laws defining duties of private citi-zens to assist public servants in the per-formance of certain of their functions; and

(c) Judgments and orders of courts. [1999c.354 §7]


MINING USING MOTORIZED EQUIPMENT IN BEDS

AND BANKS OF RIVERS517.140 Legislative findings; mining

using motorized equipment in beds andbanks of rivers. The Legislative Assemblyfinds that:

(1) Prospecting, small scale mining andrecreational mining are part of the uniqueheritage of the State of Oregon.

(2) Prospecting, small scale mining andrecreational mining provide economic bene-fits to the State of Oregon and local commu-nities and support tourism, small businessesand recreational opportunities, all of whichare economic drivers in Oregon’s rural com-munities.

(3) Exploration of potential mine sites isnecessary to discover the minerals thatunderlie the surface and inherently involvesnatural resource disturbance.

(4) Mining that uses motorized equipmentin the beds and banks of the rivers of Oregoncan pose significant risks to Oregon’s naturalresources, including fish and other wildlife,riparian areas, water quality, the invest-ments of this state in habitat enhancementand areas of cultural significance to Indiantribes.

(5) Between 2007 and 2013, mining thatuses motorized equipment in the beds andbanks of the rivers of Oregon increased sig-nificantly, raising concerns about the cumu-lative environmental impacts.

(6) The regulatory system related to min-ing that uses motorized equipment in thebeds and banks of the rivers of Oregonshould be efficient and structured to bestprotect environmental values. [2013 c.783 §1]

Note: 517.140 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 517 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

Note: Sections 8 and 9, chapter 783, Oregon Laws2013, provide:

Sec. 8. Study. (1) The Governor’s office, in con-sultation with the Department of Environmental Qual-ity, the Department of State Lands, the State Parks andRecreation Department, the State Department of Fishand Wildlife, the State Department of Geology andMineral Industries, the Oregon State Police and otherrelevant state agencies, the federal government, thefederally recognized Indian tribes in Oregon and af-fected stakeholders shall study matters related to min-ing that uses any form of motorized equipment for thepurpose of extracting gold, silver or any other preciousmetal from placer deposits of the beds or banks of thewaters of this state, as defined in ORS 196.800, or fromother placer deposits, and matters related to the re-moval or disturbance of streamside vegetation resultingfrom the mining activities, and shall propose a revisedstate regulatory framework that includes, but is notlimited to:

(a) A consolidated regulatory process for miningdescribed in this section, including a system that:

(A) Involves permits, licenses, authorizations orother forms of permission that must be displayed inplain view and be clearly visible on the motorizedequipment in order to aid in the identification of per-sons carrying out mining activities; and

(B) Considers a single permit or a single point ofcontact approach to authorization.

(b) Effective compliance, monitoring and enforce-ment mechanisms related to mining described in thissection.

(c) Adequate fee structures to cover administration,compliance, monitoring, enforcement, outreach and edu-cation related to any permit, license, authorization orother form of permission required by law from a stateagency for mining described in this section or for dis-charges from mining described in this section, includingways to maximize the efficiency in the use of existingstate resources.

(d) Conditions for, and restrictions on, mining de-scribed in this section, to the extent allowed by law andbased on the best available science and precautionaryprinciples, designed to:

(A) Protect and recover in-stream and riparianhabitat that is important to achieve water quality stan-dards and the conservation and recovery of indigenousanadromous salmonids, as defined in ORS 196.810, andnaturally reproducing populations of bull trout; and

(B) Address social considerations, including con-cerns related to safety, noise, navigation, cultural re-sources and other uses of waterways.

(e) The establishment of a system of managementzones, to the extent allowed by law, that:

(A) Limits, either by lottery or by other mechanism,the amount of mining activity that uses motorizedequipment in the management zones at specific timesand cumulatively over time periods;

(B) Requires the payment of a fee, as part of thefee structures described in paragraph (c) of this subsec-tion, for mining described in this section in the man-agement zones; and



(C) Establishes specific conditions and restrictions,as described in paragraph (d) of this subsection, for therespective management zones.

(f) Prohibitions on mining described in this sectionin specific areas of this state, to the extent allowed bylaw, including:

(A) Bodies of water currently listed as water qual-ity impaired under the Federal Water Pollution ControlAct for sediment, turbidity, toxics or heavy metals;

(B) Bodies of water within federally designatedwilderness areas, national monuments and national bo-tanical areas;

(C) Scenic waterways in this state designated underORS 390.826 and bodies of water flowing through stateparks; and

(D) Habitat that is essential to the recovery andconservation of salmon, steelhead, lamprey, freshwatermollusks or other unique habitat values, unless pro-tection for this habitat may be otherwise achieved pur-suant to paragraphs (d) and (e) of this subsection.

(2) The Governor’s office shall submit a report withthe results of the proposed regulatory framework, andshall include recommendations for any necessary legis-lation and funding, to the interim committees of theLegislative Assembly related to environment and na-tural resources or other appropriate legislative commit-tee on or before November 1, 2014. The Governor’s officemay also include any recommendations for proposedrules related to the revised regulatory framework in thereport. [2013 c.783 §8]

Sec. 9. Section 8 of this 2013 Act is repealed onJanuary 2, 2016. [2013 c.783 §9]

Note: Sections 5 to 7, chapter 783, Oregon Laws2013, provide:

Sec. 5. Requirements related to mining usingmotorized equipment. (1) On and after January 1,2014, and before January 2, 2016, mining that uses anyform of motorized equipment for the purpose of ex-tracting gold, silver or any other precious metal fromplacer deposits of the beds or banks of the waters ofthis state, as defined in ORS 196.800, or from otherplacer deposits, that results in the removal or disturb-ance of streamside vegetation in a manner that mayimpact water quality, is subject to the following:

(a) The motorized dredge equipment must be oper-ated at least 500 feet from other motorized dredgeequipment, unless the Department of EnvironmentalQuality determines that another distance is appropriateto protect water quality.

(b) The motorized equipment may not be left unat-tended within the wetted perimeter of any waters of thisstate.

(c) The motorized equipment may be operated onlybetween the hours of 9 a.m. and 5 p.m.

(2) The provisions of subsection (1) of this sectionapply to mining that occurs up to the line of ordinaryhigh water, as defined in ORS 274.005, and 100 yardsupland perpendicular to the line of ordinary high waterof the full length of any river and tributary thereof inthis state, of which any portion contains essentialindigenous anadromous salmonid habitat, as defined inORS 196.810, or naturally reproducing populations ofbull trout.

(3) The provisions of subsection (1) of this sectiondo not apply to any mining for which the State De-partment of Geology and Mineral Industries issues anoperating permit under ORS 517.702 to 517.989.

(4) During the period described in this section, theDepartment of State Lands shall limit the individualpermits issued under ORS 196.810 and the general au-

thorizations issued under ORS 196.850 to not more than850 permits and authorizations for mining described inthis section at any time during the period described inthis section. The Department of State Lands shall givepriority, to the greatest extent practicable, to personswho held permits or authorizations for the longest pe-riod of time before January 1, 2014.

(5) Violation of any provision of this section is aClass A violation. [2013 c.783 §5]

Sec. 6. (1) Section 5 of this 2013 Act becomes op-erative on January 1, 2014.

(2) Section 5 of this 2013 Act applies without regardto whether the permits, licenses, authorizations or otherforms of permission required by law for mining wereissued before, on or after January 1, 2014. [2013 c.783§6]

Sec. 7. (1) Sections 5 and 6 of this 2013 Act arerepealed on January 2, 2016.

(2) The repeal of sections 5 and 6 of this 2013 Actby subsection (1) of this section does not affect any fineimposed under section 5 of this 2013 Act. [2013 c.783 §7]

Note: Sections 2 to 4, chapter 783, Oregon Laws2013, provide:

Sec. 2. Moratorium on mining using motorizedequipment. (1) A moratorium is imposed until January2, 2021, on mining that uses any form of motorizedequipment for the purpose of extracting gold, silver orany other precious metal from placer deposits of thebeds or banks of the waters of this state, as defined inORS 196.800, or from other placer deposits, that resultsin the removal or disturbance of streamside vegetationin a manner that may impact water quality. The mora-torium applies up to the line of ordinary high water,as defined in ORS 274.005, and 100 yards upland per-pendicular to the line of ordinary high water that islocated above the lowest extent of the spawning habitatin any river and tributary thereof in this state con-taining essential indigenous anadromous salmonidhabitat, as defined in ORS 196.810, or naturally re-producing populations of bull trout, except in areas thatdo not support populations of anadromous salmonidsor natural reproducing populations of bull trout due toa naturally occurring or lawfully placed physical bar-rier to fish passage.

(2) The moratorium does not apply to any miningfor which the State Department of Geology and MineralIndustries issues an operating permit under ORS 517.702to 517.989.

(3) In areas where the moratorium does not applyas described in subsection (1) of this section, the De-partment of State Lands shall limit the individual per-mits issued under ORS 196.810 and the generalauthorizations issued under ORS 196.850 to not morethan 850 permits and authorizations for mining de-scribed in this section at any time during the morato-rium period. The Department of State Lands shall givepriority, to the greatest extent practicable, to personswho held permits or authorizations for the longest pe-riod of time before January 1, 2014.

(4) Any maps developed by the State Departmentof Fish and Wildlife, or any other state agency, thatdelineate the area of the moratorium established bysubsection (1) of this section are not subject to therulemaking requirements of ORS chapter 183.

(5) Violation of the moratorium established bysubsection (1) of this section is a Class A misdemeanor.[2013 c.783 §2]

Sec. 3. Section 2 of this 2013 Act becomes operativeon January 2, 2016. [2013 c.783 §3]

Sec. 4. Sections 2 and 3 of this 2013 Act are re-pealed on January 2, 2021. [2013 c.783 §4]



MILLSITES517.160 Location of nonmineral land

as millsite; notice; fee. (1) The proprietorof a vein or lode, or placer claim, or theowner of a quartz mill or reduction works,may locate not more than five acres of non-mineral land as a millsite. Such locationsshall be made in the same manner as pro-vided in ORS 517.044 for locating placerclaims, except that no discovery or locationwork is required. Where a millsite is appur-tenant to a mining claim, either lode orplacer, the notice of location of such millsiteshall describe by appropriate reference themining claim to which it is appurtenant.

(2) The locator of a millsite shall, within30 days from the date of posting a noticethereon, record a copy thereof with the samecounty officer. The fee for recording such lo-cation notice shall be the fee provided for inORS 205.320. Such location notices shall berecorded in the same manner as location no-tices of quartz or placer claims but needhave no affidavit of location work attached.[1963 c.123 §1; 1999 c.654 §30]

EXTINGUISHING DORMANT MINERAL INTEREST

517.170 Policy. It is in the interest of theState of Oregon to provide a mechanism forthe removal of dormant encumbrances onproperty which prevent a landowner fromusing or developing that property in a man-ner which contributes to the economy andincreases the state’s tax base. [1983 c.421 §1]

517.180 Procedure for extinguishingdormant mineral interest. (1) An owner ofland in which another person holds a mineralinterest, may extinguish the holder’s interestby publishing notice and submitting an affi-davit of publication for recording as de-scribed in subsections (4) to (9) of thissection, unless:

(a) Within the last 30 years, the holderof the mineral interest has submitted astatement of claim for recording in the man-ner set out in subsection (3) of this section;or

(b) The holder of the mineral interest ac-quired the mineral interest within the previ-ous 30 years.

(2) For the purposes of this section:(a) “Mineral interest” includes any inter-

est that is created by an instrument trans-ferring, either by grant, assignment,reservation or otherwise, an interest of anykind in coal, oil, gas or other minerals andgeothermal resources, except an interestvested in the United States, the State of Or-egon or a political subdivision of the Stateof Oregon. A mineral interest does not in-clude an interest in sand or gravel.

(b) “Owner of land” includes a vested feesimple owner or a contract purchaser.

(3) The statement of claim referred to insubsection (1) of this section shall be sub-mitted for recording in the office of the clerkof the county in which the land affected bythe mineral interest is located and shallcontain:

(a) The name and address of the holderof the mineral interest as that name isshown in the instrument that created theoriginal mineral interest; and

(b) The name and address of the currentholder of the mineral interest.

(4) To extinguish the mineral interestheld by another person, and acquire owner-ship of that interest, the owner of the landshall publish notice of the lapse of the min-eral interest at least once each week forthree consecutive weeks in a newspaper ofgeneral circulation in the county in whichthe lands affected by the mineral interest arelocated. If the address of the mineral interestholder is known or can be determined by duediligence, the notice shall also be mailed bythe owner of the land to the holder of themineral interest before the first publication.

(5) The notice required in subsection (4)of this section shall include:

(a) The name of the holder of the mineralinterest, as shown of record;

(b) A reference to the instrument creat-ing the original mineral interest, includingwhere it is recorded;

(c) A description of the lands affected bythe mineral interest;

(d) The name and address of the persongiving the notice;

(e) The date of first publication of thenotice; and

(f) A statement that the holder of themineral interest must submit a statement ofclaim to the county clerk within 60 days af-ter the date of the last publication or themineral interest of the holder may be extin-guished.

(6) A copy of the notice and an affidavitof publication of the notice, as described insubsection (7) of this section, shall be sub-mitted to the county clerk within 15 daysafter the date of the last publication of thenotice in the office of the clerk of the countywhere the lands affected by the mineral in-terest are located.

(7) The affidavit of publication shall con-tain either:

(a) A statement that a copy of the noticewas mailed to the holder of the mineral in-terest and the address to which it wasmailed; or



(b) If no copy of the notice was mailed,a detailed description, including dates, of theefforts made to determine with due diligencethe address of the holder of the mineral in-terest.

(8) If the owner of the land affected bythe mineral interest gives notice as requiredin subsection (4) of this section and submitsa copy of the notice and the affidavit of pub-lication for recording as required by subsec-tion (6) of this section, the mineral interestof the holder shall be extinguished and be-come the property of the owner of the lands,unless the holder of the mineral interestsubmits a statement of claim to the countyclerk within 60 days after the date of the lastpublication of the notice.

(9) Upon receipt, the clerk of the countyshall record a statement of claim or a noticeand affidavit of publication of notice in theMineral and Mining Record. When possible,the clerk shall also indicate by marginal no-tation on the instrument creating the ori-ginal mineral interest the recording of thestatement of claim or notice and affidavit ofpublication of notice. The clerk of the countyshall record a statement of claim by cross-referencing in the Mineral and Mining Re-cord the name of the current holder of themineral interest and the name of the originalholder of the mineral interest as set out inthe statement of claim.

(10) The provisions of this section maynot be waived at any time. [1983 c.421 §2; 1997c.819 §10; 1999 c.654 §31]

ASSESSMENT WORK517.210 Recording affidavit of annual

compliance. Within 30 days after the per-formance of labor or making of improve-ments, or making federal fee paymentsrequired by law to be annually performed ormade upon any mining claim, the person inwhose behalf such labor was performed orimprovement or payment was made, orsomeone in behalf of the person, knowing thefacts, shall make and have recorded in theMineral and Mining Record of the county inwhich the mining claim is situated, an affi-davit setting forth:

(1) The name of the claim or claims ifgrouped and a reference to the record wherethe location notice of each such claim is re-corded.

(2) The number of days’ work done andthe character and value of the improvementsplaced thereon, together with their location.

(3) The dates of performing the labor andmaking the improvements.

(4) At whose instance or request thework was done or improvements made.

(5) The actual amount paid for the laborand improvements, and by whom paid, whenthe same was not done by the claim owner.

(6) That the federal fee requirementshave been met by the owner or agent andthat the owner or agent intends to hold theclaim in good standing for the applicable as-sessment year. [Amended by 1993 c.443 §1; 1999 c.654§32]

517.220 Affidavit or lack thereof asevidence; recording fee. The affidavit de-scribed in ORS 517.210, when so recorded, ora duly certified copy thereof, is prima facieevidence of the facts therein stated. Failureto file such affidavit within the prescribedtime is prima facie evidence that such laborhas not been done. The fee for recording theaffidavit shall be the fee provided by ORS205.320. [Amended by 1971 c.621 §34; 1975 c.607 §37;1979 c.833 §32; 1991 c.230 §29; 1999 c.654 §33]

517.230 Performance of assessmentwork by co-owners. Whenever any quartzor placer mines are owned by one or morepersons, or are owned in common by anypersons, any person owning any legal or eq-uitable interest in the mines may performthe annual assessment work upon themwhich is required by the laws of the UnitedStates and Oregon. Such work, when it com-plies with said laws, shall protect the minesfrom relocation.

517.240 Failure of co-owner to con-tribute; notice. Upon failure of any co-owner of any mine to contribute thatco-owner’s proportion of expenditures re-quired in assessment work, or to perform orpay for such proportion, the co-owners whoperformed or caused to be performed the la-bor or assessment work, may, at the expira-tion of the year for which the assessmentwork was performed, give the delinquent co-owner notice that the assessment work forthat year has been performed, stating bywhom performed, the amount of work per-formed and the dates between which it wasperformed; together with a statement of theamount due from the delinquent co-owner forthe delinquent co-owner’s proportion of thework, and requiring the delinquent co-owner,within 90 days from the date of service of thenotice, to pay to the co-owners who per-formed or caused to be performed such work,the delinquent co-owner’s proportion. Thenotice shall further state that if the delin-quent co-owner fails or refuses to contributethe proportion due for the work, the interestof the delinquent co-owner in the mine willbecome the property of the co-owners whoperformed or caused to be performed the as-sessment work.

517.250 Form of notice; service; publi-cation. The notice shall be in writing andsigned 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 countyin which the mine is situated, if the delin-quent co-owner is within the county. If thedelinquent co-owner can be found in anyother county, then the notice shall be servedby the sheriff of that county. If the delin-quent co-owner cannot be found within thestate, or if at the time of giving the noticethe delinquent co-owner is without the state,service of the notice shall be made by publi-cation thereof in the weekly newspaper pub-lished in the county nearest to where themine is situated. If there are two or morepapers published in the county at the samedistance from the mine, the co-owner givingnotice may elect in which paper the noticeshall be published. If no weekly newspaper ispublished within the county, service of thenotice shall be made by publication in anyother weekly newspaper within the statepublished nearest the mine. The notice shallbe published at least once a week for a pe-riod of 90 days after the first publication.

517.260 Notice; return and proof ofservice. If the notice is served by any sheriffas provided in ORS 517.250, the sheriff shallmake return by filing the notice with the re-turn showing service with the county re-corder, or if there is none, with the countyclerk, for the county within which the mineis situated. If personal service cannot be hadas provided in ORS 517.250, proof of serviceshall be made by filing with the county re-corder, or if there is none, with the countyclerk of the county in which the mine is sit-uated, the notice as published, attached toan affidavit made by the printer, foreman, orpublisher of the newspaper, to the effect thatit is of general circulation throughout thecounty, is published weekly, and that thenotice was published at least once a week inthat newspaper for a period of not less than90 days after the first publication of the no-tice.

517.270 Vesting of interest of delin-quent co-owner. If at the expiration of 90days from the date of personal service of thenotice upon the delinquent co-owner or fromthe date of the last publication of the notice,the delinquent co-owner has not paid theproportion of the delinquent co-owner to theco-owners who performed or caused to beperformed the assessment work, the title tothe interest of the delinquent co-owner in themine shall be immediately vested in the co-owners who performed or caused to be per-formed the assessment work.

517.280 Certificate of ownership; issu-ance. The co-owners who performed the as-sessment work may file with the countyclerk of the county where the mine is situ-

ated, their affidavits that the payment hasnot been made. Upon the filing of such affi-davits, the clerk shall record the notice,proof of service and affidavits in the Mineraland Mining Record. The clerk shall then andthere issue to the co-owners who performedor caused to be performed the assessmentwork, a certificate to the effect that theclerk has recorded the notice, proof of ser-vice and affidavits of nonpayment, and thatthe co-owners who performed or caused to beperformed the assessment work have becomeand are the owners of all the right, title andinterest of the delinquent co-owner or co-owners of the property. [Amended by 1991 c.230§30; 1999 c.654 §34]

517.290 Fee for certificate. The certif-icate described in ORS 517.280 shall not beissued until the co-owners entitled to it payto the clerk a fee as set by ORS 205.320.[Amended by 1971 c.621 §35; 1975 c.607 §38; 1979 c.833§33; 1991 c.230 §31]

517.300 Effect of certificate; certifiedcopy of certificate, notice and return ad-missible as evidence. (1) A certificate is-sued as provided in ORS 517.280 shall beequivalent to a deed from a delinquent co-owner of all the interest of the delinquentco-owner in and to all mines described in thenotice, and shall convey the interest of thedelinquent co-owner in the premises to theco-owner or co-owners who performed orcaused to be performed the assessment work.The certificate may be introduced in evi-dence in any cause where ownership of theproperty may become material. When so in-troduced, it shall have the same force andeffect as would a duly executed and delivereddeed from the delinquent co-owner.

(2) A certified copy of the certificate, andof the notice and return, when made andcertified to by the county clerk, shall be ad-missible in evidence in any trial where it ismaterial to establish proof of service of thenotice or ownership of the property.

517.310 Recording and indexing certif-icate; fee; effect. The certificate given bythe county clerk shall be recorded in the of-fice of the officer issuing it, upon paymentof the fee established under ORS 205.320. Theofficer shall record and index the certificatesin the Mineral and Mining Record. Such in-dexing and recording shall have the sameforce and effect as the indexing and record-ing of deeds to other real property, and shallgive like constructive notice. [Amended by 1999c.654 §35]

517.320 Counteraffidavits of delinquentowner; suit to quiet title; judgment. Ifprior to the issuing of the certificate therehas been filed with the county clerk an affi-davit by the delinquent co-owner that thepayment has been made, the clerk shall not



issue a certificate, but the parties shall beleft to establish such fact by suit to quiet thetitle to the premises. If in the suit it appearseither that the assessment work was notperformed by the co-owners claiming to haveperformed it, or that the delinquent co-ownerhas performed or paid the delinquent co-owner’s proportion of the assessment work,a judgment shall be entered in the suit tothat effect; but if it is established that theassessment has been performed by or hasbeen caused to be performed by the co-owners so claiming and that the delinquentco-owner has not performed or paid the de-linquent co-owner’s proportion, a judgmentshall be entered providing that the co-ownerswho performed the assessment work to bethe owners of all the interest of the delin-quent co-owner in the premises. The judg-ment shall be entitled to record in theMineral and Mining Record kept by thecounty clerk in the county, and shall be in-dexed in the Mineral and Mining Record forthe county. [Amended by 1999 c.654 §36; 2003 c.576§467]

517.330 Accounting for fees. All feescollected under ORS 517.290 and 517.310 arethe property of the county in which they arecollected, and shall be accounted for by theofficer collecting them as other recordingfees are accounted for.

517.410 [Amended by 1961 c.419 §1; part renumbered273.920; 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]

MINING LEASES517.430 Use of timber by lessee. (1) The

lessee of the Department of State Lands un-der ORS 273.551 may use down timber foundon the premises for fuel, and may cut anduse green timber in the construction ofbuildings required in the operation of a mineon the premises, or for lining test pits orshafts, or for timbering drifts or excavations,or for other mining purposes, but for noother purpose.

(2) The lessee of the State Forester underORS 273.551 may use down timber found onthe premises for fuel and may cut and usegreen timber for lining test pits or shafts, orfor timbering drifts or excavations, or forother mining purposes, but for no other pur-pose. [Amended by 1953 c.65 §5]

517.440 Lessee, licensee, or operatorof mine deemed bailee of yield until pay-ment of lessor and workers. Any lessee,licensee, or person other than the owner,who operates or works a mine, lode, miningclaim, or deposit yielding metal or mineralof any kind, has custody and control ofwhatever metal or mineral may be producedin such operation or work, as bailee only and

not as owner, until the sum due the lessor ispaid and the wages due from such lessee tothe lessor or to any worker who has per-formed labor under contract of service on, inor about such mine, lode, mining claim, ordeposit are wholly paid.

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]

MINERAL EXPLORATION517.702 Legislative findings. (1) The

Legislative Assembly finds and declares that:(a) Mineral exploration is recognized as

an integral part of the mineral industry withinherently less risk to the environment thansurface or underground mining operations.

(b) Mineral exploration assists in the or-derly identification of mineral resources inthe state.

(c) Mineral exploration activities are re-cognized as distinct from operational activ-ities.

(2) The Legislative Assembly, therefore,declares that the purposes of ORS 517.702 to517.755, 517.790, 517.810, 517.910 and 517.920are to encourage efficient and environ-mentally sound identification and develop-ment of the mineral resources of this state.[Formerly 517.960]

517.705 Exploration permit; applica-tion; information required; confidentialityof production records, mineral assess-ments or trade secrets. (1) Any person en-gaging in onshore exploration that disturbsmore than one surface acre or involves drill-ing to greater than 50 feet shall obtain anexploration permit. Prior to receiving an ex-ploration permit, an applicant shall submit apermit application on a form provided by theState Department of Geology and MineralIndustries. Information required shall in-clude the information necessary to assess



impacts of the proposed exploration, includ-ing but not limited to:

(a) The name and address of the surfaceowner and mineral owner.

(b) The names and addresses of the per-sons conducting the exploration.

(c) The name and address of any desig-nated agent.

(d) A brief description of the explorationactivities, including but not limited to:

(A) The amount of road to be con-structed;

(B) The number, depth and location ofproposed drill holes;

(C) The number, depth and location ofproposed monitoring wells; and

(D) The number, length, width and depthof exploration trenches.

(e) Provisions for the reclamation of sur-face disturbance caused by exploration activ-ities.

(f) Exploration drill hole or monitoringwell abandonment procedures, including butnot limited to:

(A) The capping of all holes;(B) The plugging of any hole producing

surface flow; and(C) Appropriate sealing for any holes

which have encountered aquifers.(g) A map with the location of the pro-

posed exploration and delineation of explora-tion boundaries.

(2) Any production records, mineral as-sessments or trade secrets submitted as partof the application under subsection (1) of thissection shall be confidential. [Formerly 517.962;1999 c.492 §11]

517.710 Fees. (1) A fee, not to exceed$400 shall accompany the application de-scribed in ORS 517.705. The State Depart-ment of Geology and Mineral Industries mayrenew the permit annually on the anniver-sary date of the issuance of the permit, pro-vided the person conducting the explorationis not in violation of any provision of ORS517.702 to 517.755, 517.790, 517.810, 517.910and 517.920 and pays a renewal fee not toexceed $300.

(2) A permit shall be subject to suspen-sion and revocation as provided by ORS517.702 to 517.755, 517.790, 517.810, 517.910and 517.920. [Formerly 517.964]

517.715 Exemptions from permit re-quirement. (1) When exploration will resultin less than one acre of surface disturbanceor drilling to 50 feet or less, any person con-ducting exploration is exempted from the re-quirements of the permit procedure described

in ORS 517.702 to 517.740. However, nothingin this section exempts a person from therequirements of ORS chapter 273 or the re-quirements of other departments.

(2) All mineral exploration drill holesshall comply with the abandonment proce-dures specified in ORS 517.705 (1)(f). [Formerly517.966; 1999 c.492 §12]

517.720 Persons with operating permitexempted. The provisions of ORS 517.702 to517.740 do not apply if the applicant has ob-tained an operating permit, described in ORS517.790, for the area described in the explo-ration permit. [Formerly 517.968; 1999 c.492 §13]

517.725 Department inspection of ex-ploration site. (1) The State Department ofGeology and Mineral Industries may inspectthe exploration site prior to initiation of ex-ploration to review the existing environ-mental conditions, assess impacts of theproposed exploration and establish theamount of financial assurance required.

(2) The department may inspect lands notlater than 60 days following notification bythe person conducting the exploration thatreclamation is complete. If the departmentdetermines that the reclamation complieswith the approved reclamation plan, includ-ing establishment of vegetation, the depart-ment may release the bond or other securityrequired by ORS 517.810 within 60 days ofthat determination.

(3) The department is authorized to in-spect any ongoing exploration site in orderto establish compliance with ORS 517.702 to517.755, 517.790, 517.810, 517.910 and 517.920.[Formerly 517.970]

517.730 Drill hole or well abandon-ment; rules. (1) The State Department ofGeology and Mineral Industries shall consultwith the Water Resources Department on thedevelopment of rules covering drill hole ormonitoring well abandonment procedures, in-cluding procedures for the abandonment ofholes and wells for which no explorationpermit is required in ORS 517.705.

(2) Nothing in ORS 517.702 to 517.755,517.790, 517.810, 517.910 and 517.920 prohibitsthe conversion of exploration drill holes ormonitoring wells to water wells, providedthat the conversion conforms to the stan-dards and rules of the Water Resources De-partment. [Formerly 517.972]

517.735 Exploration on land adminis-tered by Department of State Lands. TheDepartment of State Lands and the StateDepartment of Geology and Mineral Indus-tries shall coordinate the regulation of anyexploration project on land administered bythe Department of State Lands. [Formerly517.974]



517.740 Rules. In consultation with theEnvironmental Quality Commission, WaterResources Commission and the State LandBoard, the State Department of Geology andMineral Industries governing board shalladopt rules to carry out the provisions ofORS 517.702 to 517.755, 517.790, 517.810,517.910 and 517.920. [Formerly 517.976]

RECLAMATION OF MINING LANDS(Generally)

517.750 Definitions for ORS 517.702 to517.989. As used in ORS 517.702 to 517.989,unless the context requires otherwise:

(1) “Board” means the governing boardof the State Department of Geology andMineral Industries.

(2) “Completion” means termination ofsurface mining activities including reclama-tion of the surface-mined land in accordancewith the approved reclamation plan and op-erating permit.

(3) “Department” means the State De-partment of Geology and Mineral Industries.

(4) “Exploration” means all activitiesconducted on or beneath the surface of theearth for the purpose of determining pres-ence, location, extent, grade or economic vi-ability of a deposit. “Exploration” does notinclude prospecting or chemical processingof minerals.

(5) “Explorer” means, notwithstandingthe provisions of ORS 517.810 (2), any indi-vidual, public or private corporation, poli-tical subdivision, agency, board ordepartment of this state, any municipality,partnership, association, firm, trust, estateor any other legal entity whatsoever that isengaged in exploration.

(6) “Landowner” means:(a) The person possessing fee title to the

natural mineral deposit being surface minedor explored; and

(b) The owner of an equitable interest inland that is subject to a deed of trust.

(7) “Minerals” includes soil, coal, clay,stone, sand, gravel, metallic ore and anyother solid material or substance excavatedfor commercial, industrial or constructionuse from natural deposits situated within orupon lands in this state.

(8) “Operator” means any individual,public or private corporation, political subdi-vision, agency, board or department of thisstate, any municipality, partnership, associ-ation, firm, trust, estate or any other legalentity whatsoever that is engaged in surfacemining operations.

(9) “Overburden” means the soil, rockand similar materials that lie above naturaldeposits of minerals.

(10) “Person” means any person, any fed-eral agency or any public body, as defined inORS 174.109.

(11) “Processing” includes, but is notlimited to, crushing, washing, milling andscreening as well as the batching and blend-ing of mineral aggregate into asphalt andportland cement concrete located within theoperating permit area.

(12) “Reclamation” means the employ-ment in a surface mining operation or explo-ration of procedures reasonably designed to:

(a) Minimize, as much as practicable, theadverse effects of the surface mining opera-tion or exploration on land, air and waterresources; and

(b) Provide for the rehabilitation of sur-face resources adversely affected by the sur-face mining operations or explorationthrough the rehabilitation of plant cover, soilstability and water resources and throughother measures that contribute to the subse-quent beneficial use of the explored, minedor reclaimed lands.

(13) “Reclamation plan” means a writtenproposal, submitted to the department as re-quired by ORS 517.702 to 517.989 and subse-quently approved by the department asprovided in ORS 517.702 to 517.989, for thereclamation of the land area adversely af-fected by a surface mining operation or ex-ploration and including, but not limited tothe following information:

(a) Proposed measures to be undertakenby the operator in protecting the natural re-sources of adjacent lands.

(b) Proposed measures for the rehabili-tation of the explored or surface-mined landsand the procedures to be applied.

(c) The procedures to be applied in thesurface mining operation or exploration tocontrol the discharge of contaminants andthe disposal of surface mining refuse.

(d) The procedures to be applied in thesurface mining operation or exploration inthe rehabilitation of affected stream channelsand stream banks to a condition minimizingerosion, sedimentation and other factors ofpollution.

(e) The map required by ORS 517.790(1)(e) and such other maps and supportingdocuments as may be requested by the de-partment.

(f) A proposed time schedule for thecompletion of reclamation operations.

(g) Requirements of the exploration per-mit.



(14) “Surface impacts of undergroundmining” means all waste materials producedby underground mining and placed upon thesurface including, but not limited to, wastedumps, mill tailings, washing plant fines andall surface subsidence related to undergroundmining.

(15)(a) “Surface mining” includes:(A) All or any part of the process of

mining minerals by the removal of overbur-den and the extraction of natural mineraldeposits thereby exposed by any method bywhich more than 5,000 cubic yards of min-erals are extracted or by which at least oneacre of land is affected within a period of 12consecutive calendar months, includingopen-pit mining operations, auger mining op-erations, processing, surface impacts ofunderground mining, production of surfacemining refuse and the construction of adja-cent or off-site borrow pits (except thoseconstructed for use as access roads).

(B) Removal or filling, or both, withinthe beds or banks of any waters of this statethat is the subject of a memorandum ofagreement between the Department of StateLands and the State Department of Geologyand Mineral Industries in which the StateDepartment of Geology and Mineral Indus-tries is assigned sole responsibility for per-mitting as described in ORS 517.797.

(b) “Surface mining” does not include:(A) Excavations of sand, gravel, clay,

rock or other similar materials conducted bythe landowner or tenant for the primarypurpose of construction, reconstruction ormaintenance of access roads on the sameparcel or on an adjacent parcel that is underthe same ownership as the parcel that is be-ing excavated;

(B) Excavation or grading operations,reasonably necessary for farming;

(C) Nonsurface effects of undergroundmining;

(D) Removal of rock, gravel, sand, silt orother similar substances removed from thebeds or banks of any waters of this statepursuant to a permit issued under ORS196.800 to 196.900; or

(E) Excavations or reprocessing of aggre-gate material, or grading operations, withinthe highway right of way reasonably neces-sary for the construction, reconstruction ormaintenance of a highway as defined in ORS801.305.

(16) “Surface mining refuse” means allwaste materials, soil, rock, mineral, liquid,vegetation and other materials resulting fromor displaced by surface mining operationswithin the operating permit area, including

all waste materials deposited in or uponlands within the operating permit area.

(17) “Underground mining” means allhuman-made excavations below the surfaceof the ground through shafts or adits for thepurpose of exploring for, developing orproducing valuable minerals. [1971 c.719 §2; 1975c.724 §1; 1977 c.59 §1; 1981 c.622 §1; 1983 c.46 §1; 1985c.292 §2; 1989 c.347 §12; 1999 c.353 §2; 2007 c.318 §5; 2009c.279 §1; 2011 c.406 §2]

517.755 Mining operations affectingmore than five acres. Notwithstanding theyard and acre limitations of ORS 517.750 (15),as soon as any mining operation begun afterJuly 1, 1975, affects more than five acres ofland the provisions of ORS 517.702 to 517.989apply to the mining operation. [1975 c.724 §1a;1979 c.435 §3; 1985 c.292 §3; 1985 c.565 §80; 1989 c.347 §13;1999 c.353 §7; 2007 c.318 §15]


517.760 Policy. (1) The Legislative As-sembly finds and declares that:

(a) It is the policy of the State of Oregonto recognize the important and essentialcontribution that the extraction of mineralsmakes to the economic well-being of thestate and the nation and to prevent unac-ceptable adverse impacts to environmental,scenic, recreational, social, archaeologicaland historic resources of the state that mayresult from mining operations, while permit-ting operations that comply with the pro-visions set forth in ORS 517.702 to 517.951.

(b) Proper reclamation of surface-minedlands is necessary to prevent undesirableland and water conditions that would be det-rimental to the general welfare, health,safety and property rights of the citizens ofthis state.

(c) Surface mining takes place in diverseareas where the geologic, topographic, cli-matic, biological and social conditions aresignificantly different and that reclamationoperations and the specifications thereformust vary accordingly.

(d) It is not practical to extract mineralsrequired by our society without disturbingthe surface of the earth and producing wastematerials and that the very character ofmany types of surface mining operationsprecludes complete restoration of the af-fected lands to their original condition.

(e) Reclamation of surface-mined lands asprovided by ORS 517.702 to 517.951 will allowthe mining of valuable minerals in a mannerdesigned for the protection and subsequentbeneficial use of the mined and reclaimedlands.



(2) The Legislative Assembly, therefore,declares that the purposes of ORS 517.702 to517.951 are:

(a) To provide that the usefulness, pro-ductivity and scenic values of all lands andwater resources affected by surface miningoperations within this state shall receive thegreatest practical degree of protection andreclamation necessary for their intendedsubsequent use.

(b) To provide for cooperation betweenprivate and governmental entities in carryingout the purposes of ORS 517.702 to 517.951and reclamation of abandoned mined landsthat may pose a hazard to public health,safety or the environment. [1971 c.719 §1; 1985c.292 §4; 1993 c.342 §1]

517.770 Exemptions from reclamationrequirements. (1) The following mining op-erations are exempt from the reclamationrequirements set forth in ORS 517.702 to517.989:

(a) Lands within the surfaces and con-tours of surface mines in existence on July1, 1972, or vertical extensions of those sur-faces and contours, provided that the StateDepartment of Geology and Mineral Indus-tries issued a certificate of exemption to themining operation on or before October 31,2000.

(b) Lands within the surfaces and con-tours of surface mines in existence on July1, 1972, or vertical extensions of those sur-faces and contours, provided that:

(A) The surface mining operations at thesite were allowed under a comparable certif-icate of exemption that was issued by acounty and current on the date of repeal ofa county zoning law or ordinance describedin ORS 517.780 (1); and

(B) The landowner or operator applies forand receives a certificate of exemption fromthe department. An application for a certif-icate of exemption must be filed with the de-partment within 90 days after the date thecounty’s repeal of a zoning law or ordinancebecomes effective. If the department does notapprove or disapprove the application within90 days after the date the application is filedwith the department, the application will bedeemed to be approved.

(c) Lands within the surfaces and con-tours of surface mining operations that areowned or operated by a person that, on July1, 1972, was a party to a surface miningcontract that was valid on January 1, 1971,provided that the department issued a certif-icate of exemption to the mining operationon or before September 20, 1985.

(2) A certificate of exemption terminatesif the landowner or operator does not renewthe certificate annually. [1971 c.719 §15; 1973 c.709

§1; 1975 c.724 §2; 1985 c.292 §5; 1987 c.260 §2; 1987 c.361§§1,1a; 1999 c.492 §1; 2009 c.270 §1]

517.775 Permit fee for certain land-owners and operators; erosion stabiliza-tion at mining operations exempt fromreclamation. Notwithstanding the pro-visions of ORS 517.770:

(1) Any landowner or operator conduct-ing surface mining on July 1, 1972, shall paythe permit fee as provided in ORS 517.800;and

(2) The State Department of Geology andMineral Industries shall require the land-owner or operator to complete erosion sta-bilization upon completion of mining at amining operation exempt from reclamationunder ORS 517.770. [1971 c.719 §17; 1979 c.435 §4;1985 c.292 §17; 1987 c.260 §3; 1987 c.361 §2; 1999 c.492 §2;2009 c.270 §2]

517.780 Effect on county zoning lawsor ordinances; rules; certain operationsexempt. (1)(a) The provisions of ORS 517.702to 517.989 and the rules and regulationsadopted thereunder do not supersede anycounty zoning laws or ordinances in effecton July 1, 1972. However, if the county zon-ing laws or ordinances are repealed on orafter July 1, 1972, the provisions of ORS517.702 to 517.989 and the rules and regu-lations adopted thereunder are controlling.The governing board of the State Departmentof Geology and Mineral Industries may adoptrules and regulations with respect to matterscovered by county zoning laws and ordi-nances in effect on July 1, 1972.

(b) If the county zoning laws or ordi-nances specified in paragraph (a) of this sub-section are repealed by a county:

(A) The department may allow a surfacemining operation that previously operatedunder a valid county operating permit andreclamation plan to continue to operate fora period not to exceed one year if the land-owner or operator applies for an operatingpermit under ORS 517.790 within 60 days af-ter the date the county’s repeal of the zoninglaws or ordinances becomes effective, paysall applicable fees to the department andsubmits a bond or security to the departmentas required by ORS 517.810. Pending issu-ance of an operating permit and approval ofa reclamation plan by the department, thecounty permit is deemed to remain in effectand is enforceable by the department.

(B) The department, in issuing a permitand approving a reclamation plan for a sur-face mining operation that previously oper-ated under a valid county operating permitas described in paragraph (a) of this subsec-tion, may incorporate any provisions fromthe county operating permit into the permitissued by the department and the reclama-tion plan approved by the department if the



department determines that the provisionsprovide adequate protection of the publichealth, safety and welfare and the environ-ment.

(C) The department may issue a certif-icate of exemption from reclamation require-ments as described in ORS 517.770 (1)(b).

(2) City or county operated surface min-ing operations that sell less than 5,000 cubicyards of minerals within a period of 12 con-secutive calendar months are exempt fromthe state mining permit requirements of ORS517.702 to 517.989 if the city or county adoptsan ordinance that includes a general recla-mation scheme establishing the means andmethods of achieving reclamation for city orcounty operated surface mining sites ex-empted from the state permit requirementsby this subsection. [1971 c.719 §16; 1975 c.724 §3;1977 c.524 §1; 1979 c.435 §1; 1983 c.20 §1; 1985 c.292 §6;1987 c.361 §9; 2003 c.14 §340; 2007 c.318 §6; 2009 c.270 §3]

517.785 [1983 c.20 §3; 1985 c.292 §7; 1987 c.361 §8;repealed by 2007 c.318 §28]

517.790 Operating permit required forsurface mining on certain lands; applica-tion for permit; proposed reclamationplans; waiver of requirement for prepa-ration and approval of reclamation plan;refusal to issue operating permit. (1) Alandowner or operator may not allow or en-gage in surface mining on land not surfacemined on July 1, 1972, without holding avalid operating permit from the State De-partment of Geology and Mineral Industriesfor the surface mining operation. A separatepermit is required for each separate surfacemining operation. A person seeking an oper-ating permit from the department shall sub-mit an application on a form provided by thedepartment that contains the following in-formation:

(a) The name and address of the land-owner and the operator and the names andaddresses of any persons designated by themas their agents for the service of process.

(b) The materials for which the operationis to be conducted.

(c) The type of surface mining to be em-ployed in the operation.

(d) The proposed date for the initiationof the operation.

(e) The size and legal description of thelands that will be affected by the operation,and, if more than 10 acres of land will be af-fected by the operation and if the departmentdetermines that the conditions warrant it, amap of the lands to be surface mined thatincludes the boundaries of the affected lands,topographic details of the lands, the locationand names of all streams, roads, railroads,utility facilities, wells, irrigation ditches,

ponds, stockpiles, buffers, setbacks and exca-vation boundaries within or adjacent to thelands, the location of all proposed accessroads to be protected or constructed in con-ducting the operation and the names and ad-dresses of the owners of all surface andmineral interests of the lands includedwithin the surface mining area.

(f) If practicable, a plan for visualscreening by vegetation or otherwise thatwill be established and maintained on thelands within the operation for the purposeof screening the operation from the view ofpersons using adjacent public highways, pub-lic parks and residential areas.

(g) The type of monitoring well abandon-ment procedures.

(h) A proposed reclamation plan that isacceptable to and approved by the depart-ment.

(i) Any other information that the de-partment considers pertinent in its review ofthe application.

(2) The department may waive the re-quirement for preparation and approval of areclamation plan if:

(a) The operation is conducted as part ofthe on-site construction of a building, publicworks project or other physical improvementof the subject property;

(b) The operation is reasonably necessaryfor such construction; and

(c) The proposed improvements are au-thorized by the local jurisdiction with landuse authority.

(3) The department may not issue an op-erating permit to an operator other than theowner or owners of the surface and mineralinterests of the lands included within thesurface mining area unless the operator:

(a) Has written approval from the owneror owners of all surface and mineral inter-ests of the lands included within the surfacemining area; and

(b) Maintains a legal interest in the landsthat is sufficient to ensure that the operatorhas the authority to operate and reclaim thelands as provided in the operating permit andreclamation plan.

(4) The department may refuse to issuean operating permit to a person who has not,in the determination of the department, sub-stantially complied with the conditions of anoperating permit or reclamation plan, theprovisions of this chapter or the rulesadopted by the department to carry out thepurposes of this chapter. [1971 c.719 §4; 1973 c.709§2; 1987 c.361 §10; 1989 c.347 §10; 1999 c.353 §3; 2007 c.318§7]



517.795 Department to consult withand cooperate with other agencies. (1)The State Department of Geology and Min-eral Industries shall consult with other stateagencies as necessary to ensure that rulesdeveloped by the department and those agen-cies regarding exploration or monitoring wellrequirements for sites described under ORS517.790 do not conflict.

(2) The department and any other stateagencies imposing requirements for explora-tion or monitoring wells for sites describedunder ORS 517.790 may enter into agree-ments for the department to act on behalf ofthe agencies in informing the landowner oroperator of the requirements and overseeingenforcement of the requirements. [1997 c.184§1]


517.797 Memorandum of agreementwith Department of State Lands regard-ing permitting. (1) As used in this section,“surface mining” has the meaning given thatterm in ORS 517.750 and “waters of thisstate” has the meaning given that term inORS 196.800.

(2) The Department of State Lands andthe State Department of Geology and Min-eral Industries may enter into a memoran-dum of agreement concerning surface miningas described in subsection (3) of this section.

(3) The memorandum described in sub-section (2) of this section may assign soleresponsibility for permitting to the State De-partment of Geology and Mineral Industrieswhen the surface mining would otherwise beunder the permitting jurisdiction of both theDepartment of State Lands and the StateDepartment of Geology and Mineral Indus-tries because:

(a) Part of the surface mining is locatedwithin the beds or banks of any waters ofthis state; and

(b) Part of the surface mining is locatedupland from the beds or banks of any watersof this state.

(4) Prior to any permitting pursuant tothe provisions of subsection (3) of this sec-tion, the State Department of Geology andMineral Industries shall consult with theDepartment of State Lands regarding anyconditions necessary to protect the waters ofthis state. [2011 c.406 §1]


517.800 Fees; rules. (1)(a) Except for anapplication for a mining operation submittedunder ORS 517.910 to 517.989, each applicantfor an operating permit under ORS 517.702to 517.989 shall pay to the State Departmentof Geology and Mineral Industries a fee es-tablished by the State Geologist in anamount not to exceed $1,260.

(b) If an application for a new permit oran amendment to an existing permit requiresextraordinary department resources becauseof concerns about slope stability or proximityto waters of the state or other environ-mentally sensitive areas, the applicant shallpay to the department an additional fee inan amount determined by the State Geologistto be adequate to cover the additional costsfor staff and other related expenses. TheState Geologist shall consult with the appli-cant when determining the amount of thefee.

(2) Annually, each holder of an operatingpermit shall pay to the department a base feeof $635, plus $0.0075 per ton of aggregate ormineral ore extracted during the previous12-month period.

(3) If a reclamation plan is changed, theoperator may be assessed for staff time andother related costs an amount not to exceed$1,260 in addition to the annual renewal fee.This subsection does not apply to a miningoperation that is subject to the fee estab-lished by ORS 517.973 (2)(a).

(4) If, at operator request, the departmentresponds to requests for information requiredby a local government in making a land useplanning decision on behalf of the operatorfor a specific site, the State Geologist mayrequire the operator to pay the departmenta fee for staff time and related costs. Thedepartment shall notify the operator in ad-vance of the estimated costs of providing theinformation, and the actual amount assessedshall not exceed the estimate provided by thedepartment.

(5) The State Geologist may require theoperator of a site to pay to the departmenta special inspection fee in an amount not toexceed $200 for an inspection conducted un-der the following circumstances:

(a) Investigation of surface mining oper-ations conducted without the operating per-mit required under ORS 517.790; or

(b) Investigation of surface mining oper-ations conducted outside the area authorizedin an operating permit.

(6) Upon request of an applicant or oper-ator, the department shall provide an item-ized list and documentation of expenses usedto determine a fee under subsection (1)(b), (3)or (4) of this section.



(7) Notwithstanding the per ton fee es-tablished in subsection (2) of this section, thegoverning board of the department maylower to zero or raise the per ton fee up to$0.0085 if necessary to provide financial cer-tainty to the department or to reflect actualexpenses of the department in administeringORS 517.702 to 517.951. If the per ton fee es-tablished in subsection (2) of this section israised by the governing board, the additionalamount of money collected by the depart-ment shall be deposited in the Mined LandRegulation and Reclamation Program Subac-count within the Geology and Mineral In-dustries Account.

(8) The governing board of the State De-partment of Geology and Mineral Industries:

(a) Shall adopt by rule a procedure forthe administrative review of the determi-nations of fees under this section.

(b) Shall adopt rules establishing thepayment date for annual fees required underthis section.

(c) May adopt rules establishing a latefee of up to five percent of the unpaidamount of an annual fee owed under thissection if the annual fee is more than 60days past due. [1971 c.719 §7; 1973 c.709 §3; 1977 c.524§2; 1979 c.435 §2; 1981 c.274 §1; 1983 c.88 §1; 1985 c.292§8; 1987 c.598 §1; 1989 c.346 §1; 1991 c.735 §28; 1993 c.399§1; 1995 c.79 §297; 1997 c.62 §1; 1999 c.353 §4; 2003 c.520§1; 2005 c.650 §§1,1a; 2007 c.318 §16; 2013 c.371 §29]

517.810 Requirement for bond or secu-rity; rules; other security in lieu of bond.(1) Before issuing or reissuing an operatingpermit for any surface mining operation orissuing or reissuing an exploration permit forany exploration activity, the State Depart-ment of Geology and Mineral Industries shallrequire that the applicant for the permit filewith it a bond or security acceptable to thedepartment in a sum to be determined by thedepartment but in an amount not to exceedthe total cost for reclamation if the depart-ment were to perform the reclamation. Thedecision of the department may be appealedto the governing board of the State Depart-ment of Geology and Mineral Industries asprovided in ORS chapter 183. The bond orsecurity shall be conditioned upon the faith-ful performance of the reclamation plan andof the other requirements of ORS 517.702 to517.989 and the rules adopted thereunder.

(2) Nothing in this section shall apply toany public body, as defined in ORS 174.109.

(3) In lieu of the bond or other securityrequired of the applicant in subsection (1) ofthis section, the department may accept asimilar security from the landowner, equal tothe estimated cost of reclamation as deter-mined by the department in consultationwith the operator or explorer. The decisionof the department may be appealed to the

governing board as provided in ORS chapter183.

(4) In lieu of the bond required by sub-section (1) of this section, the departmentmay accept a blanket bond covering two ormore surface mining sites or explorationprojects operated by a single company,owned by a single landowner or operated byall members of an established trade associ-ation, in an amount, established by the de-partment, not to exceed the amount of thebonds that would be required for separatesites.

(5) The governing board shall identify byrule the procedures for the determination ofthe amount of the bond or other security re-quired of an applicant for an operating per-mit or exploration permit. The rules:

(a) Shall provide an opportunity for par-ticipation by the applicant as part of theprocedures; and

(b) May allow for the amount of the bondto be calculated and adjusted based upon thetotal area expected to be in a disturbed con-dition in the following year as a result of thesurface mining or exploration operation. [1971c.719 §8; 1975 c.724 §4; 1979 c.435 §5; 1983 c.497 §1; 1985c.291 §1a; 1985 c.292 §9; 1987 c.361 §5; 1989 c.347 §11; 1999c.492 §3; 2005 c.34 §6]

517.815 Reclamation bond pooling pro-gram; requirements; rules. (1) The StateDepartment of Geology and Mineral Indus-tries may establish and administer a programthat provides for the pooling of reclamationbonds to assist:

(a) An operator in complying with thereclamation bond requirements of ORS517.810;

(b) A person engaging in small miningoperations or small exploration projects onfederally managed lands to comply with fi-nancial guarantee requirements imposed bythe Federal Land Policy and ManagementAct of 1976 (P.L. 94-579) or regulationsadopted to implement the Act under 43U.S.C. 1740; or

(c) A person engaging in any form ofmining or exploration to comply with bond-ing requirements imposed pursuant to countyordinance.

(2) The program must:(a) Be designed to reduce the financial

burden of obtaining a reclamation bond formining or exploration.

(b) Require each person participating inthe program to:

(A) Pay an amount into the pool eachyear that is actuarially determined to enablethe program to be self-sustaining and pay forthe costs of the department in administeringthe program;



(B) Execute an agreement, on a formprovided by the department, to indemnify thepool for any claims made against the recla-mation bond; and

(C) Provide security approved by theState Geologist, if the State Geologist con-siders security necessary to ensure againstthe possible forfeiture of the reclamationbond.

(c) Use the moneys in the pool to coverthe bonded liability of persons participatingin the program.

(d) Provide a limit on the total bondedliability of any person that may be coveredunder the program.

(e) Provide conditions for the release orforfeiture of bonds.

(f) Provide that a person that participatesin the program has obtained security accept-able to the department as required by ORS517.810.

(3) The department may adopt rules re-lating to the development and administrationof the program established under this sec-tion. [2003 c.646 §2]

Note: 517.815 was added to and made a part of517.702 to 517.989 by legislative action but was notadded to any smaller series therein. See Preface to Or-egon Revised Statutes for further explanation.

517.820 Extensions of time for sub-mission of proposed reclamation plans;time limit for reclamation completion;consultation with state agencies. (1) Upongood cause shown, the State Department ofGeology and Mineral Industries may grantreasonable extensions of time for the com-pletion by the landowner or operator and thesubmission to the department of a proposedreclamation plan required by ORS 517.790.Each reclamation plan submitted to the de-partment must provide that all reclamationactivities shall be completed within threeyears after the termination of mineral ex-traction from the surface mining operationconducted within each separate area forwhich an operating permit is requested. Eachsuch reclamation plan shall be approved bythe department if it adequately provides forthe reclamation of surface-mined lands.

(2) The department, prior to approving aproposed reclamation plan, shall consult withall other interested state agencies and ap-propriate local planning authorities. [1971 c.719§5; 1977 c.59 §2; 2007 c.318 §17]

517.825 Mining aggregate on high-value farmland; requirements; rules. (1)As used in this section, “significant aggre-gate resource” means the average minimumdepth of aggregate, determined by rule of theLand Conservation and Development Com-mission, that is required for a local govern-ment to find that the aggregate resource is

significant pursuant to a statewide land useplanning goal that protects natural resourcesand conserves scenic, historic and open spaceresources.

(2) When the State Department ofGeology and Mineral Industries issues anoperating permit under ORS 517.790 for min-ing aggregate on high-value farmland com-posed predominantly of Class I and Class IIsoils in the Willamette Valley, the depart-ment shall require:

(a) An operator or owner to excavatesubstantially all of the significant aggregateresource within the operating permit bound-ary, not including any buffer, setback andsloping areas:

(A) To the extent that the removal of thesignificant aggregate resource can be done ina manner that is consistent with operatingpermit conditions imposed by the department;and

(B) Subject to limitations imposed byother federal, state or local regulatory re-quirements.

(b) An applicant to demonstrate to thesatisfaction of the department that the oper-ator or owner has the mechanical ability tocomply with paragraph (a) of this subsection.

(c) Performance of the requirements ofparagraph (a) of this subsection before ap-proving final reclamation and closure of themining operation, unless:

(A) The operator or owner defaults asdescribed in ORS 517.860; or

(B) Performance is not required due tochanged conditions or new information thatjustify a permit modification under ORS517.831.

(3) The acceptance by the department ofa plan to mine in compliance with subsection(2)(a) of this section does not establish adepth standard for purposes of land use per-mits or authorizations.

(4) The time limitations imposed on thedepartment under ORS 517.830 do not applyto an application for an operating permit, orthe transfer of a permit under ORS 517.833,that is subject to this section.

(5) This section does not require the op-erator or owner to provide bond or securityto excavate to the permitted depth. [2013 c.706§3]

517.830 Inspection of operating site;approval of application for operating per-mit; effect of failure to approve or refusalto approve reclamation plan; appeal fromdenial of plan; consolidated applicationprocess. (1) Upon receipt of an applicationfor an operating permit, the State Depart-ment of Geology and Mineral Industries shallinspect the operating site described in the



application. Within 90 days after the datethat the application and the required permitfee are received, the department shall issuethe operating permit applied for or, if it con-siders the application incomplete, return theapplication to the applicant for correction ofthe deficiencies indicated by the department.

(2) Failure by the department to act uponthe reclamation plan submitted with an ap-plication for an operating permit within the90-day period referred to in subsection (1) ofthis section is not a denial by the departmentof the operating permit applied for. The de-partment, pending final approval of a recla-mation plan, may issue a provisional permitsubject to reasonable limitations that may beprescribed by the department and condi-tioned upon the applicant’s compliance withthe bond and security requirements estab-lished by ORS 517.810.

(3)(a) Notwithstanding subsections (1)and (2) of this section, if an application in-volves an aggregate site that requires a per-mit issued pursuant to ORS 215.427 or227.178, and if the local jurisdiction requeststhat the application not be decided until thelocal jurisdiction has taken final action, thedepartment shall make a final decision onthe operating permit and reclamation planno later than 165 days after the date a com-plete land use application is submitted to thelocal jurisdiction, unless the applicant agreesto allow additional time under ORS 215.427,215.429, 227.178 or 227.179. If a plan amend-ment is required as part of issuance of apermit, the provisions of paragraph (b) of thissubsection apply. The department may notapprove an operating permit and reclamationplan if the land use application is denied.

(b) Notwithstanding subsections (1) and(2) of this section, if an application involvesan aggregate site that requires amendmentto a comprehensive plan, as defined in ORS197.015, and if the local jurisdiction requeststhat the application not be decided until thelocal jurisdiction has taken final action onthe plan amendment, the department may notmake a final decision on the operating per-mit and reclamation plan until the local ju-risdiction has taken final action on the planamendment. The department shall make itsfinal decision within 45 days of the date thatthe local jurisdiction has taken final actionon the plan amendment. The department maynot approve an operating permit and recla-mation plan if the plan amendment is denied.

(4) Conditions and requirements imposedon an operating permit and reclamation plan,and modifications thereto, issued subsequentto issuance of a local jurisdiction permitshall be compatible with the requirementsand conditions of the local government per-

mit, unless more stringent requirements arenecessary to comply with the provisions ofORS 517.750 to 517.901.

(5) If a local jurisdiction does not requestthat the department delay a decision on anoperating permit and reclamation plan asprovided in subsection (3) of this section, thedepartment shall:

(a) Give the local jurisdiction the oppor-tunity to review and comment on the appli-cation; and

(b) Notify the local jurisdiction of thedecision and requirements and conditionsimposed by the department.

(6) If the department refuses to approvea submitted reclamation plan, it shall notifythe applicant, in writing, of its reasons forthe refusal to approve the reclamation plan,including additional requirements as may beprescribed by the department for inclusion inthe reclamation plan. Within 60 days afterthe receipt of the notice, the applicant shallcomply with the additional requirementsprescribed by the department for the recla-mation plan or file with the department anotice of appeal from the decision of the de-partment with respect to the reclamationplan. If a notice of appeal is filed with thedepartment by the applicant, the departmentmay issue a provisional permit to the appli-cant.

(7) If an application is submitted as partof the consolidated application process underORS 517.952 to 517.989, review of the appli-cation and approval or denial of the applica-tion shall be in accordance with ORS 517.952to 517.989. However, the review and ap-proval or denial shall take into considerationall policy considerations for issuing a permitunder ORS 517.702 to 517.989. [1971 c.719 §6;1975 c.724 §5; 1985 c.292 §10; 1991 c.243 §2; 1991 c.735 §29;1999 c.353 §5; 1999 c.492 §4; 1999 c.533 §13; 2001 c.104§226; 2007 c.318 §8]

517.831 Modification of operating per-mit or reclamation plan; opportunity foralternative dispute resolution. (1) Exceptas provided in subsection (2) of this section,the State Department of Geology and Min-eral Industries may not modify an operatingpermit or reclamation plan without the con-sent of the operator.

(2) The department may modify an oper-ating permit or reclamation plan without theconsent of the operator if, because ofchanged conditions at the permitted site orbecause of information otherwise not avail-able to the department at the time of permitissuance or reclamation plan establishment,the department finds, by substantial evi-dence, that a modification is justified due tothe potential for:

(a) Substantial harm to off-site property;



(b) Harm to threatened or endangeredspecies; or

(c) Channel changes or unstable pitwalls.

(3) Modification of an operating permitor reclamation plan without the consent ofthe operator must be limited to the areas ormatters affected by the changed conditionsor new information.

(4) If the department modifies an operat-ing permit or reclamation plan without theconsent of the operator, the department mustprovide the operator with an opportunity foralternative dispute resolution in the mannerprovided in ORS 183.502. [2007 c.318 §4]

517.832 Emergency operating permit;rules. (1) Notwithstanding ORS 517.810 and517.830, the State Department of Geology andMineral Industries may issue an emergencyoperating permit if:

(a) A natural disaster, including but notlimited to a flood or an earthquake, or theeffects of a natural disaster threaten signif-icant damage to property or to natural re-sources; and

(b) A surface mining operation is neces-sary to abate the threat.

(2) The governing board of the depart-ment shall adopt rules governing the issu-ance of emergency operating permits. Therules shall include provisions:

(a) Ensuring that emergency operatingpermits are not issued over the objection ofaffected federal agencies or public bodies, asdefined in ORS 174.109;

(b) Specifying the terms of an emergencyoperating permit;

(c) Establishing procedures for convert-ing an emergency operating permit to astandard operating permit; and

(d) Establishing procedures for paymentof fees under ORS 517.800. [2005 c.34 §3]

517.833 Transfer of operating permit;rules. (1) A person who by sale, assignment,lease or other means has succeeded in inter-est to an uncompleted surface mining opera-tion may request that the State Departmentof Geology and Mineral Industries releasethe existing operator from any reclamationobligations and transfer the operating permitto the successor. The department shalltransfer the operating permit, unless:

(a) The successor does not agree to fullassumption of the reclamation requirementsin the operating permit and reclamationplan;

(b) The successor fails to provide a bondor security as required by ORS 517.810;

(c) More than one person has a claim tothe property or operating permit and there

is a dispute between the claimants that pre-sents a justiciable controversy; or

(d) The successor, as the operator of an-other permitted site in this state, has failedto substantially comply with the conditionsof an operating permit or reclamation plan,the provisions of ORS 517.702 to 517.989 orthe rules adopted by the department to carryout the purposes of ORS 517.702 to 517.989.

(2) The governing board of the State De-partment of Geology and Mineral Industriesmay adopt rules relating to the responsibil-ities and duties of a person requesting atransfer of an operating permit under thissection. [2007 c.318 §3]

517.834 Temporary operating permit;rules. (1) Notwithstanding ORS 517.810 and517.830, the State Department of Geology andMineral Industries may issue a temporaryoperating permit to a person if:

(a) After consultation, the local jurisdic-tion with land use authority over the per-mitted site does not raise substantiveobjections to the issuance of the permit;

(b) All interested state agencies approveof the permit issuance; and

(c) There is no objection from personsowning property adjacent to the permittedsite.

(2) A temporary operating permit issuedunder this section is subject to reasonablelimitations that may be prescribed by thedepartment.

(3) Within 30 days after issuing the tem-porary operating permit, the operator shall:

(a) Comply with the bond and securityrequirements established by ORS 517.810;

(b) Pay any applicable fee pursuant toORS 517.800; and

(c) Submit a reclamation plan to the de-partment.

(4) The governing board of the depart-ment shall adopt rules governing the issu-ance of temporary operating permits. Therules shall include provisions:

(a) Ensuring opportunities for notice andcomment by federal agencies;

(b) Specifying the terms of a temporaryoperating permit; and

(c) Establishing procedures for convert-ing a temporary operating permit to a stan-dard operating permit. [2005 c.34 §4]

517.835 Conditions on operating per-mit or reclamation plan to prevent im-pact on ground water. (1) NotwithstandingORS 517.831, the State Department ofGeology and Mineral Industries may requireconditions on any new or existing surfacemining operating permit or reclamation plan



sufficient to prevent or mitigate off-site im-pacts to ground water resources from the re-moval of water from surface miningoperations. The department may includeground water monitoring as one of the con-ditions.

(2) The department shall consult with theoperator and the Water Resources Depart-ment in assessing off-site impacts and in de-veloping prevention or mitigation measuresprior to imposing any conditions on an oper-ating permit or reclamation plan pursuant tothis section.

(3) As used in this section, “mitigation”has the meaning given that term in ORS517.952. [2003 c.470 §2; 2007 c.318 §9; 2013 c.371 §30]


517.836 Surveying or marking surfacemining operations; rules. (1)(a) The gov-erning board of the State Department ofGeology and Mineral Industries may adoptrules requiring the surveying or marking ofsurface mining operations.

(b) The rules may include, but are notlimited to, requirements for maps or dia-grams showing areas excavated or approvedfor excavation, setbacks or buffers estab-lished by the operating permit and the lo-cation of buildings, wells, ponds, haul roads,stockpiles, bodies of water and floodways.

(c) The rules may require that informa-tion required under this subsection be up-dated if the mining operations are subject to:

(A) A notice of violation under ORS517.860;

(B) A suspension order under ORS517.880; or

(C) A significant modification of the op-erating permit or reclamation plan underORS 517.831.

(d) The rules may exempt mining oper-ations from survey or marking requirementsbased on the size or location of the oper-ations or on the distance of the operationsfrom ground and surface waters.

(e) The rules must allow for reasonablecompliance schedules for existing mining op-erations.

(2) The governing board may adopt rulesrequiring surface mining operators to collectand report information relating to amountand nature of materials excavated or proc-essed at a surface mining operation and theimpacts of mining operations on ground orsurface water. [2007 c.318 §4a]

517.837 Annual report by permittee;rules. A person holding an operating permitissued pursuant to ORS 517.830 shall, nolater than March 31 of each year, file anannual report with the State Department ofGeology and Mineral Industries. The govern-ing board of the department shall adopt rulesdescribing the information relating to thepermit and operations under the permit thatmust be included in the annual report. [2005c.34 §2]

517.840 Administration and enforce-ment of ORS 517.702 to 517.989; rules. Thegoverning board of the State Department ofGeology and Mineral Industries shall admin-ister and enforce the provisions of ORS517.702 to 517.989 and:

(1) May conduct or cause to be conductedinvestigations, research, experiments anddemonstrations and may collect and dissem-inate information related to surface miningand the reclamation of surface-mined lands.

(2) May cooperate with other govern-mental and private agencies of this state orof other states and with agencies of the fed-eral government, including the reimburse-ment for any services provided by suchagencies to the State Department of Geologyand Mineral Industries at its request.

(3) May apply for, accept and expendpublic and private funds made available forthe reclamation of lands affected by surfacemining in accordance with the purposes ofORS 517.702 to 517.989.

(4) May, in accordance with the applica-ble provisions of ORS chapter 183, adoptrules to carry out the provisions of ORS517.702 to 517.989.

(5) Shall establish by rule a program toencourage voluntary reclamation practicesthat exceed the normal reclamation stan-dards to provide maximum enhancement andbenefits from mined lands. The program shallinclude incentives and other actions that willencourage voluntary reclamation practices.

(6) May receive and manage abandonedmined land funds received for abandonedmined land reclamation from the federalgovernment. [1971 c.719 §3; 1985 c.292 §11; 1989 c.461§1; 1993 c.342 §2; 1995 c.509 §2; 2007 c.318 §10; 2013 c.371§27]

517.850 Inspection of permit area. Atsuch reasonable times as the State Depart-ment of Geology and Mineral Industries mayelect, the department, after reasonable ad-vance notice has been given to the operator,may cause the permitted site to be inspectedto determine if the operator has compliedwith the operating permit, reclamation plan,this chapter and the rules of the department.[1971 c.719 §9; 1997 c.183 §2; 2007 c.318 §18]



517.855 Disruption of portion of min-ing property preserved from mining. (1)Any portion of a mining property that ispreserved from mining, including, but notlimited to, a setback, buffer zone or no-impact area, may be excavated, reduced,added to, elevated, reshaped, contoured,graded or otherwise disrupted for the pur-pose of facilitating the reclamation of themined area or integrating the reclaimed areawith its surroundings.

(2) Subsection (1) of this section does notpermit the removal for profit of any valuablemineral. [1997 c.186 §2]


517.860 Effect of failure to complywith operating permit or reclamationplan; department may perform work andassess costs against bond or security. (1)If, from inspections conducted pursuant toORS 517.850 or from any other source, theState Department of Geology and MineralIndustries determines that the operator hasnot complied with or is not complying withthe operating permit, the reclamation plan,the provisions of this chapter or the rules ofthe department, the department may issueeither or both of the following to the opera-tor:

(a) Written notice of the violation. Thenotice shall specifically outline the deficien-cies.

(b) A compliance order. The order mayspecify a date by which the operator shallrectify any deficiencies. The department mayextend the period if delays occasioned forcauses beyond the operator’s control necessi-tate more time, but only when the operatoris, in the opinion of the department, makinga reasonable effort to comply with the order.

(2) The department may recover againstthe bond or alternative form of financial se-curity and reclaim the area affected by sur-face mining if the department determinesthat an operator:

(a) Has failed to comply with a depart-ment order issued under subsection (1) ofthis section;

(b) Fails to complete reclamation in con-formance with the reclamation plan on anysegment of the permitted site or fails tocomplete reclamation in a timely manner; or

(c) Fails to maintain an operating permitand pay all fees required under ORS 517.800.

(3) If the department makes a claim onthe bond or security filed pursuant to ORS517.810, the surety on the bond or holder ofthe other security shall pay to the depart-ment the amount of the bond or other secu-

rity required. The department may reclaimthe surface-mined land in a manner deter-mined by the department, including by publicor private contractor. If the amount is notpaid within 30 days, the Attorney General,upon request of the department, shall insti-tute proceedings to recover the amount.

(4) If the landowner has given securityas provided in ORS 517.810 (3) and the oper-ator is in default as specified in subsection(2) of this section, the landowner shall beheld responsible for complying with the rec-lamation plan of the operator. The depart-ment shall furnish written notice of thedefault to the landowner and require thelandowner to complete the reclamation asspecified in the operator’s reclamation planacceptable to the department. If the land-owner has not commenced action to rectifythe deficiencies within 30 days after receiv-ing notice, or if the landowner fails to dili-gently pursue reclamation in conformancewith the plan, the department may demandpayment of the amount of the bond or othersecurity from the surety or other holder andotherwise proceed as provided in subsections(2) and (3) of this section.

(5) The department, in performing recla-mation of surface-mined land, shall pursue agoal for reclamation designed to:

(a) Remove hazards;(b) Protect from drainage problems and

from pollution;(c) Meet local land use requirements for

reclamation; and(d) Comply with all federal and state

laws.(6) The department may delay, for a rea-

sonable time not to exceed one year, all orpart of any reclamation activities if the de-partment determines that it is likely that:

(a) Marketable mineral reserves exist atthe permitted site; and

(b) A new operator will seek an operatingpermit for the site and assume all reclama-tion responsibilities. [1971 c.719 §10; 1975 c.724 §6;1977 c.59 §3; 1983 c.497 §2; 1985 c.291 §3; 1997 c.183 §1;1999 c.353 §6; 1999 c.492 §5; 2007 c.318 §11]

517.862 Revocation, termination or re-fusal to renew operating permit. (1) Ex-cept as provided in subsection (2) of thissection, the State Department of Geology andMineral Industries may not revoke, termi-nate or refuse to renew an operating permitif marketable reserves exist at the permittedsite and if there is a significant potential forcontinued mining opportunities given rea-sonably foreseeable economic conditions.

(2) The department may revoke, termi-nate or refuse to renew an operating permitif the operator:



(a) Requests termination, provided thatall reclamation requirements in the operat-ing permit and reclamation plan have beensatisfied;

(b) Fails to pay a fee as required by ORS517.800 within 60 days of the due date;

(c) Fails to provide or maintain a bondor security as required by ORS 517.810;

(d) Fails to comply with an order issuedunder ORS 517.860; or

(e) Fails to comply with a suspension or-der issued under ORS 517.880.

(3) If an operating permit is revoked,terminated or not renewed, the operator maynot perform any actions at the permittedsite, except that the operator may, after re-ceiving written approval from the depart-ment:

(a) Perform actions at the permitted sitethat are necessary to comply with reclama-tion requirements in the operating permit orreclamation plan, including but not limitedto removal of mining-related stockpiles;

(b) Excavate materials at the permittedsite that are necessary for reclamation; and

(c) Remove any excavated materials frombuffers, setbacks or other areas not approvedfor disturbance and restore the areas to theapproximate pre-mining contours with mate-rials approved by the department.

(4) The department, in lieu of or in addi-tion to revoking, terminating or refusing torenew an operating permit for the reasonsspecified in subsection (2) of this section,may recover against the bond or securityfiled pursuant to ORS 517.810 and reclaimthe area affected by surface mining. [2007 c.318§2]

517.865 Effect of failure to performreclamation and insufficient bond; lien;notice; priority; foreclosure. (1) If an op-erator fails to faithfully perform the recla-mation required by the reclamation plan andif the bond or security required by ORS517.810 is not sufficient to compensate theState Department of Geology and MineralIndustries for all reasonably necessary costsand expenses incurred by it in reclaiming thesurface-mined land, the amount due shall bea lien in favor of the department upon allproperty, whether real or personal, belongingto the operator. However, for any operatorthat is first issued a permit after June 30,1989, the lien shall not exceed $2,500 foreach site plus $1,500 per acre.

(2) The lien shall attach upon the filingof a notice of claim of lien with the countyclerk of the county in which the property islocated. The notice of lien claim shall con-tain a true statement of the demand, the in-sufficiency of the bond or security to

compensate the department and the failureof the operator to perform the reclamationrequired.

(3) The lien created by this section isprior to all other liens and encumbrances,except that the lien shall have equal prioritywith tax liens.

(4) The lien created by this section maybe foreclosed by a suit in the circuit court inthe manner provided by law for the foreclo-sure of other liens on real or personal prop-erty. [1975 c.724 §8; 1983 c.497 §3; 1985 c.291 §4; 1987c.361 §7; 1999 c.492 §6; 2007 c.318 §19]

517.870 Adjustment of bond or secu-rity of operator upon satisfactory com-pletion of reclamation work. Upon requestof the operator, and when in the judgmentof the State Department of Geology andMineral Industries the reclamation has beencompleted in accordance with the reclama-tion plan, the operator shall be notified thatthe work has been found to be satisfactorilyperformed and is acceptable and the bond orsecurity of the operator shall be adjusted ac-cordingly. [1971 c.719 §11; 1999 c.492 §7; 2007 c.318§20]

517.880 Order for suspension of sur-face mining operation operating withoutrequired permit; enjoining operation uponfailure of operator to comply; completionof reclamation by department. (1) Whenthe State Department of Geology and Min-eral Industries finds that an operator is con-ducting a surface mining operation for whichan operating permit is required by ORS517.702 to 517.989 or by rules adopted by thedepartment, but has not been issued by thedepartment, the department may issue an or-der to the operator to suspend the operationuntil an operating permit has been issued bythe department for the surface mining oper-ation or until the department is assured thatthe operator will comply with the require-ment to obtain a permit.

(2) The department may issue an order toan operator to suspend operations if the op-erator has not complied with or is not com-plying with the operating permit,reclamation plan, this chapter or rules of thedepartment. Failure to comply includes, butis not limited to, disturbing land within thepermit boundary that has not been approvedby the department for excavation, placementof debris or removal of vegetation.

(3) If the operator fails or refuses tocomply with a suspension order, the Attor-ney General, at the request of the depart-ment, shall initiate any necessary legalproceeding to enjoin the surface mining op-eration and to provide for completion of thereclamation of the lands affected by the op-eration, including the restoration of buffers,setbacks or other areas not approved for dis-



turbance. [1971 c.719 §12; 1985 c.292 §12; 1997 c.183§3; 2007 c.318 §12]

517.890 Review of final determination.Any final determinations made by the StateDepartment of Geology and Mineral Indus-tries in carrying out the provisions of ORS517.702 to 517.989 and the rules and regu-lations adopted thereunder may be reviewedin the manner provided by the applicableprovisions of ORS chapter 183. [1971 c.719 §13;1985 c.292 §13; 1999 c.492 §8]

517.900 [1971 c.719 §14; 1985 c.292 §14; repealed by1999 c.492 §9 (517.901 enacted in lieu of 517.900)]

517.901 Confidentiality of productionrecords, mineral assessments and tradesecrets. Any production records, mineral as-sessments and trade secrets submitted by amine operator or landowner to the State De-partment of Geology and Mineral Industriesshall be confidential. [1999 c.492 §10 (enacted inlieu of 517.900)]

(Nonaggregate Mineral Surface Mines)517.905 Applicability of ORS 517.910 to

517.989 and 517.910 to 517.951. (1) ORS517.910 to 517.989 only apply to surfacemines for nonaggregate minerals.

(2) ORS 517.910 to 517.951 do not applyto surface mines for nonaggregate mineralsthat are subject to the provisions for consol-idated operating permits set forth in ORS517.952 to 517.989. [1981 c.622 §15; 2013 c.371 §1]

517.910 Definitions for ORS 517.910 to517.989. For the purposes of ORS 517.910 to517.989:

(1) Notwithstanding ORS 517.750 (12),“reclamation” means the employment in asurface mining operation of procedures rea-sonably designed to minimize as much aspracticable the disruption from the surfacemining operation or surface mining process-ing operation and to provide for the rehabil-itation of any such surface resources throughthe use of plant cover, soil stability tech-niques, measures to protect the surface andsubsurface water resources, including butnot limited to domestic water use and agri-cultural water use, and other measures ap-propriate to the subsequent beneficial use ofany land or water resource affected by asurface mining or processing operation.

(2) “Nonaggregate minerals” means coaland metal-bearing ores, including but notlimited to ores that contain nickel, cobalt,lead, zinc, gold, molybdenum, uranium, sil-ver, aluminum, chrome, copper or mercury.[1981 c.622 §3; 1987 c.158 §113; 1987 c.693 §5; 1989 c.347§14; 1999 c.353 §8; 2007 c.318 §21; 2013 c.371 §2]

517.915 Additional operating permitrequirements for nonaggregate mineralmines; denial of permit if reclamation notpossible. (1) In addition to any other pro-

vision of law, the State Department ofGeology and Mineral Industries shall not is-sue an operating permit until:

(a) The department has received a recla-mation plan that contains but is not limitedto:

(A) A description of the proposed miningoperation;

(B) A description of what is to be mined;(C) The present use of the land, the

planned subsequent beneficial use of the landand a list of plant species to be established;

(D) The measures that will adequatelyconserve the quantity and quality of the af-fected aquifers;

(E) A description of any toxic or radio-active materials known to be present in theore, spoil, tailings, overburden or any othermaterial involved in the mining operationand their approximate concentrations;

(F) A description of how the materialsdescribed in subparagraph (E) of this para-graph will be handled during mining andreclamation;

(G) Environmental baseline informationas may be required by the department; and

(H) The name and address of the land-owner, the owner of the surface estate, theoperator and any parent corporations of theoperator.

(b) The department has received a per-formance bond as it may require.

(c) The department finds that reclamationis possible and that the reclamation plan asapproved will achieve the reclamation of af-fected lands.

(2) If the department finds that reclama-tion cannot be accomplished, it shall not is-sue an operating permit.

(3) The department shall obtain, when-ever possible, a list of plant species suitablefor reseeding in the area pursuant to a rec-lamation plan and comments on the feasibil-ity of permanent revegetation from the soiland water conservation district in which themined land is situated.

(4) The department shall consult with af-fected public bodies, as defined in ORS174.109, regarding the feasibility of reclama-tion, with particular attention to possibleimpacts on ground water aquifers. [1981 c.622§§4,5,9; 1985 c.292 §18; 1987 c.361 §3; 2013 c.371 §3]

517.920 Permit application fees underORS 517.910 to 517.989. Each application foran operating permit under ORS 517.910 to517.989 shall be accompanied by a fee suffi-cient to cover the costs of the State Depart-ment of Geology and Mineral Industries inprocessing the application as determined by



the department. [1981 c.622 §8; 1989 c.347 §15; 1989c.461 §2; 1991 c.735 §30; 2013 c.371 §4]

517.925 Time limit for action on per-mit application. The State Department ofGeology and Mineral Industries shall have120 days to act upon a completed permit ap-plication. [1981 c.622 §6]

517.930 Department inspection. Not-withstanding ORS 517.850, if the State De-partment of Geology and Mineral Industrieshas reason to believe that the provisions ofan operating permit are being violated orthat a surface mining operation is beingconducted without a valid operating permit,it may inspect such surface mining areaswithout prior notice. [1981 c.622 §7; 1991 c.735 §31;2007 c.318 §22; 2013 c.371 §5]

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]

517.951 Legislative intent not to as-sume exclusive jurisdiction. The Legisla-tive Assembly declares that ORS 517.910 to517.989 are not intended to provide the legalbasis for assumption by the State of Oregonof exclusive jurisdiction over the environ-mental regulation of surface coal mining andreclamation operations described in section503 of the federal Surface Mining Controland Reclamation Act of 1977 (30 U.S.C.1253). [Formerly 517.955]


MINING OPERATIONS SUBJECT TO CONSOLIDATED

APPLICATION PROCESS517.952 Definitions for ORS 517.952 to

517.989. As used in ORS 517.952 to 517.989:(1) “Affected agency” includes permitting

agencies, cooperating agencies and comment-ing agencies.

(2) “Baseline data” means informationgathered to characterize the natural andcultural environments of a mining operationsite before a mining operation begins.

(3) “Commenting agency” means anyagency that makes recommendations to theState Department of Geology and MineralIndustries or to a permitting agency regard-ing permit conditions or whether to approveor deny a permit under the consolidated ap-plication process established under ORS517.952 to 517.989.

(4) “Consolidated application” means thesingle application required under ORS517.971.

(5) “Cooperating agency” means anagency that has statutory responsibility re-lated to a mining operation but that does notissue a permit for the mining operation.

(6) “Environmental evaluation” means ananalysis prepared under ORS 517.979 to ad-dress specific impacts of the mining opera-tion to allow affected agencies to developpermit conditions.

(7) “Gravity separation” means the sepa-ration of mineral particles, with the aid ofwater or air, according to the differences inthe specific gravities of the particles.

(8) “Mining operation” means a surfaceor underground mine that processes,produces or reclaims metal ore using amethod other than, or in addition to, gravityseparation to process the ore.

(9) “Mitigation” means the reduction ofadverse effects of a proposed mining opera-tion by considering, in the following order:

(a) Avoiding the impact altogether by nottaking a certain action or parts of an action;

(b) Minimizing impacts by limiting thedegree or magnitude of the action and itsimplementation;

(c) Rectifying the impact by repairing,rehabilitating or restoring the affected envi-ronment;

(d) Reducing or eliminating the impactover time by preservation and maintenanceoperations during the life of the action bymonitoring and taking appropriate correctivemeasures; or

(e) Compensating for the impact by re-placing or providing comparable substituteresources or environments.

(10) “Permitting agency” means anagency that has a separate permitting au-thority for a mining operation.

(11) “Project coordinating committee”means the interagency governmental com-mittee established in accordance with ORS517.965.

(12) “Technical review team” means theinteragency group established in accordancewith ORS 517.967. [1991 c.735 §3; 2013 c.371 §6]

517.953 Policy. Notwithstanding the pol-icy set forth in ORS 517.760, the LegislativeAssembly finds and declares that it is thepolicy of the State of Oregon to protect theenvironmental, scenic, recreational, social,archaeological and historic resources of thisstate from unacceptable adverse impacts thatmay result from mining operations, whilepermitting operations that comply with theprovisions set forth in ORS 517.952 to 517.989



and ensure the protection of the publichealth, safety, welfare and the environment.[1991 c.735 §2; 2013 c.371 §7]

517.954 Application of ORS 517.952 to517.989. ORS 517.952 to 517.989 apply only tomining operations as defined in ORS 517.952.ORS 517.952 to 517.989 do not apply to placermining. [1991 c.735 §3a; 2013 c.371 §8]

517.955 [1981 c.622 §16; renumbered 517.951 in 1991]

517.956 Requirements for mining op-erations; rules. Mining operations in Ore-gon shall comply with the following:

(1) Mining operations shall be under-taken in a manner that minimizes environ-mental damage through the use of the bestavailable, practicable and necessary technol-ogy to ensure compliance with environmentalstandards.

(2) Protection measures for fish andwildlife shall be consistent with policies ofthe State Department of Fish and Wildlife,including:

(a) Protective measures to maintain anobjective of zero wildlife mortality. Allchemical processing solutions and associatedwaste water shall be covered or contained topreclude access by wildlife or maintained ina condition that is not harmful to wildlife.

(b) On-site and off-site mitigation ensur-ing that there is no overall net loss ofhabitat value.

(c) No loss of existing critical habitat ofany state or federally listed threatened orendangered species.

(d) Fish and wildlife mortality shall bereported in accordance with a monitoringand reporting plan approved by the StateDepartment of Fish and Wildlife.

(e) The State Department of Fish andWildlife shall establish by rule standards forreview of a proposed mining operation forthe purpose of developing conditions for fishand wildlife habitat protection that satisfythe terms of this section for inclusion in aconsolidated permit by the State Departmentof Geology and Mineral Industries.

(3) Surface reclamation of a mine siteshall:

(a) Ensure protection of human healthand safety, as well as that of livestock, fishand wildlife;

(b) Ensure environmental protection;(c) Require certification to the operator,

by the State Department of Fish and Wildlifeand the State Department of Agriculture,that a self-sustaining ecosystem, comparableto undamaged ecosystems in the area, hasbeen established in satisfaction of theoperator’s habitat restoration obligations;and

(d) Include backfilling or partial backfill-ing as determined on a case-by-case basis bythe State Department of Geology and Min-eral Industries when necessary to achievereclamation objectives that cannot beachieved through other mitigation activities.[1991 c.735 §4; 2003 c.14 §341; 2007 c.318 §25; 2013 c.371§9]

517.957 Department coordination ofactivities of affected agencies. The StateDepartment of Geology and Mineral Indus-tries shall coordinate the activities of the af-fected agencies related to the consolidatedapplication process established under ORS517.952 to 517.989. [1991 c.735 §5]

517.958 Compliance with preapplica-tion process; purpose. Any person propos-ing to conduct a mining operation shallcomply with the requirements for the preap-plication process set forth in ORS 517.961 to517.969. The purpose of such process shall beto identify significant issues to be addressedin the consolidated application process setforth in ORS 517.971 to 517.987. [1991 c.735 §6;2013 c.371 §10]

517.959 Public notice requirements forORS 517.952 to 517.989; master list of in-terested parties; fees. (1) Whenever re-quired in ORS 517.952 to 517.989, publicnotice shall include information sufficient toinform the public of the proposed activity orevent and shall include:

(a) Notification to all permitting and co-operating agencies.

(b) Notice by mail to each owner ofproperty located within one-half mile of theperimeter of the proposed site of the miningoperation. As used in this paragraph,“owner” means the owner of the title to realproperty or the contract purchaser of realproperty of record as shown on the lastavailable complete tax assessment roll.

(c) Notice by mail to persons on themaster list.

(d) Notice by mail to mineral claimantsfor claims located within one-half mile of theproposed mining operation or as otherwiserequired by rule of a permitting or cooperat-ing agency.

(e) Notice by publication in a newspaperof general circulation in the state and in alocal newspaper of general circulation in thecounty or counties in which the proposedmining operation is located. Notice by publi-cation shall be given at least once each weekfor two weeks immediately preceding the ac-tion.

(2) The notice provided pursuant to thissection shall satisfy any notice requirementof an individual permitting or cooperatingagency related to a permit included in the



consolidated application process establishedunder ORS 517.952 to 517.989.

(3) As used in this section, “master list”means a consolidated list of all interestedparties compiled by the State Department ofGeology and Mineral Industries and eachpermitting and cooperating agency andmaintained by the department. Any personmay request in writing that the State De-partment of Geology and Mineral Industriesadd the person’s name to the agency masterlist. The State Department of Geology andMineral Industries may establish a procedurefor establishing and maintaining an agencymaster list, and the governing board of thedepartment may establish a fee to be paid bya person requesting to be added to the mas-ter list. The fee shall be sufficient to defraythe department’s costs of mailing notices topersons on the master list and maintainingthe master list. [1991 c.735 §7; 2013 c.371 §11]

517.960 [1989 c.347 §2; renumbered 517.702 in 1991]

517.961 Notice of intent to submit ap-plication; posting of notice. A prospectiveapplicant for a mining operation permit shallfile with the State Department of Geologyand Mineral Industries a notice of intent tosubmit an application and post copies of thenotice along the perimeter of the location ofthe proposed operation. The posting shall besufficient to inform the public of the in-tended action and a legal description of theproposed mining operation location and shallcomply with requirements adopted by rule bythe governing board of the department. [1991c.735 §8; 2013 c.371 §12]

517.962 [1989 c.347 §3; renumbered 517.705 in 1991]

517.963 Department duties upon re-ceipt of notice of intent. Upon receipt of anotice of intent under ORS 517.961, the StateDepartment of Geology and Mineral Indus-tries shall:

(1) Provide notice as required under ORS517.959. The notice shall be sufficient to in-form the public of the nature, size and lo-cation of the proposed mining operation.

(2) Activate a project coordinating com-mittee for the proposed mining operation andcoordinate the participation of federal agen-cies, affected agencies, local governmentagencies and the prospective applicant in theactivities of the project coordinating com-mittee.

(3) Activate a technical review team forthe proposed mining operation.

(4) Identify to the prospective applicantall permitting and cooperating agencies thatwill be participating in the consolidated ap-plication process. [1991 c.735 §9; 2013 c.371 §13]

517.964 [1989 c.347 §4; renumbered 517.710 in 1991]

517.965 Project coordinating commit-tee. A project coordinating committee shallbe composed of representatives from theState Department of Geology and MineralIndustries, all permitting and cooperatingagencies, local government agencies and af-fected federal agencies. Each permitting andcooperating agency shall designate an appro-priate staff member to serve on the commit-tee. The project coordinating committee shallshare information and coordinate county,state and federal permitting requirements inorder to avoid contradictory requirements,facilitate the exchange of ideas, optimizecommunication and avoid duplicative effort.If a mining operation is proposed on federalland, the project coordinating committeeshall work with the affected federal agencyin accordance with a memorandum of agree-ment established by the department and thefederal agency to facilitate the state andfederal application process and to coordinatethe two processes to the fullest extent possi-ble. In carrying out its responsibilities, theproject coordinating committee shall includeopportunities for public participation. [1991c.735 §10; 2013 c.371 §14]

517.966 [1989 c.347 §8; renumbered 517.715 in 1991]

517.967 Technical review team. (1) Atechnical review team shall be composed ofrepresentatives from the State Departmentof Geology and Mineral Industries and eachpermitting agency and cooperating agency.The technical review team shall:

(a) Establish methodology guidelines tobe followed in the collection of baseline data;

(b) Coordinate with the applicant the useof baseline data collection methodologies asapproved by the permitting and cooperatingagencies; and

(c) Determine whether the mining opera-tion as proposed in the consolidated applica-tion complies with ORS 517.956 and anyother applicable requirements for a permitlisted under ORS 517.971.

(2) Each permitting agency and cooperat-ing agency shall designate an appropriatestaff member to serve on the technical re-view team. [1991 c.735 §11; 2013 c.371 §15]

517.968 [1989 c.347 §6; renumbered 517.720 in 1991]

517.969 Collection of baseline data;public informational meetings; collectionmethodology. (1) Upon receipt of noticefrom a prospective applicant that the pro-spective applicant is ready to begin collect-ing baseline data, the State Department ofGeology and Mineral Industries shall:

(a) Provide notice in accordance withORS 517.959 that the prospective applicantintends to begin baseline data collection andthe location where additional background in-formation may be obtained or reviewed.



(b) Within 30 days after receiving thenotice from the applicant, conduct two publicinformation meetings. One public meetingshall be conducted in the population centerclosest to the site of the proposed miningoperation and one public meeting shall beconducted in a major population center forthe state, as determined by State Departmentof Geology and Mineral Industries.

(c) Receive written comments from thepublic and affected agencies for 45 days afterreceiving notice under this subsection.

(2) The purpose of the public informa-tional meetings and public comment periodunder subsection (1) of this section shall beto:

(a) Identify the issues raised by the pro-posed mining operation;

(b) Receive information from the publicthat the State Department of Geology andMineral Industries and the permitting andcooperating agencies may need to know inorder to evaluate the application; and

(c) Determine the data that should becollected during the baseline data collectionphase of the consolidated application processto address the issues identified.

(3) Upon receipt of notice under subsec-tion (1) of this section, the technical reviewteam activated under ORS 517.963 shall de-termine the specific methodologies to be ap-plied by the applicant in collecting baselinedata.

(4) The applicant shall collect data ac-cording to the methodology established bythe permitting and cooperating agenciesthrough the technical review team. The datacollected shall be verified by the appropriateagency in accordance with proceduresadopted by the agency. [1991 c.735 §12; 2013 c.371§16]

517.970 [1989 c.347 §5; renumbered 517.725 in 1991]

517.971 Consolidated application. Eachapplicant for a permit to operate a miningoperation shall submit a consolidated appli-cation to the State Department of Geologyand Mineral Industries. The department andthe permitting and cooperating agenciesshall not begin deliberating on whether toissue a permit until the department receivesan application fee and a complete consol-idated application that includes but is notlimited to:

(1) Name and location of the proposedfacility.

(2) Name, mailing address and phonenumber of the applicant and a registeredagent for the applicant.

(3) The legal structure of the applicantas filed in the business registry with the

Secretary of State and the legal residence ofthe applicant.

(4) Mineral and surface ownership statusof the proposed facility.

(5) Baseline data, including but not lim-ited to environmental, socioeconomic, histor-ical, archaeological conditions, land usedesignations and special use designations inthe area of the state in which the proposedmining operation is located.

(6) Appropriate maps, aerial photos, crosssections, plans and documentation.

(7) A proposed:(a) Mine plan;(b) Processing plan;(c) Water budget;(d) Fish and wildlife protection and miti-

gation plan;(e) Operational monitoring and reporting

plan;(f) Reclamation and closure plan;(g) Plan for controlling water runoff and

run on;(h) Operating plan;(i) Solid and hazardous waste manage-

ment plan;(j) Plan for transporting and storing toxic

chemicals;(k) Employee training plan as required

by agency rule;(L) Seasonal or short term closure plan;(m) Spill prevention and credible accident

contingency plan;(n) Post-closure monitoring and reporting

plan; and(o) Identification of special natural areas,

including but not limited to areas designatedas areas of critical environmental concern,research natural areas, outstanding naturalareas and areas designated by the OregonNatural Areas Plan, as defined in state rulesand federal regulations.

(8) All information required by the per-mitting agencies to determine whether to is-sue or deny the following permits asapplicable to the proposed operation:

(a) Surface mining operating permits re-quired under ORS 517.790 and 517.915;

(b) Fill and removal permits required un-der ORS 196.600 to 196.905;

(c) Permits to appropriate surface wateror ground water under ORS 537.130 and537.615, to store water under ORS 537.400and impoundment structure approval underORS 540.350 to 540.390;

(d) National Pollutant Discharge Elimi-nation System permit under ORS 468B.050;



(e) Water pollution control facility permitunder ORS 468B.050;

(f) Air contaminant discharge permit un-der ORS 468A.040 to 468A.060;

(g) Solid waste disposal permit underORS 459.205;

(h) Permit for use of power driven ma-chinery on forestland under ORS 477.625;

(i) Permit for placing explosives orharmful substances in waters of the stateunder ORS 509.140;

(j) Hazardous waste storage permit underORS 466.005 to 466.385;

(k) Local land use permits; and(L) Any other state permit required for

the mining operation.(9) All other information required by the

department, a permitting agency, a cooperat-ing agency or the technical review team.[1991 c.735 §13; 1995 c.605 §3; 2009 c.217 §12; 2013 c.371§17]

517.972 [1989 c.347 §7; renumbered 517.730 in 1991]

517.973 Fees; payment of expenses ofdepartment and permitting and cooper-ating agencies. (1) In addition to any permitfee required by any other permitting agency,each notice of intent to submit a consol-idated application under ORS 517.961 shallbe accompanied by an initial fee establishedby the State Geologist in an amount not toexceed $1,260.

(2)(a) Annually on the anniversary dateof the issuance of each such operating per-mit, each holder of an operating permit shallpay to the State Department of Geology andMineral Industries a renewal fee establishedby the State Geologist in an amount not lessthan $2,500.

(b) In addition to the fee prescribed inparagraph (a) of this subsection, the depart-ment may charge an additional amount notto exceed $1,200 for inspections made atsites:

(A) Where surface mining was conductedwithout the permit required by ORS 517.790;

(B) Where surface mining has beenabandoned; or

(C) Where surface mining was conductedin an area not described in the surface min-ing permit.

(3) Subject to the provisions of subsection(5) of this section, the prospective applicantor applicant shall pay all expenses incurredby the department and the permitting andcooperating agencies related to the consol-idated application process under ORS 517.952to 517.989. These expenses may include legalexpenses, expenses incurred in processingand evaluating the consolidated application,issuing a permit or final order and expenses

of hiring a third party contractor under ORS517.979 and 517.980.

(4) If the costs exceed the fee, the pro-spective applicant or applicant shall pay anyexcess costs shown in an itemized statementprepared by the department. In no eventshall the department and permitting and co-operating agencies incur evaluation expensesin excess of 110 percent of the fee initiallypaid unless the department provides priornotification to the prospective applicant orapplicant and a detailed projected budget thedepartment believes necessary to completethe process or a portion of the process underORS 517.952 to 517.989. If the costs are lessthan the fee paid, the excess shall be re-funded to the prospective applicant or appli-cant.

(5) All expenses incurred by the depart-ment and the permitting and cooperatingagencies under ORS 517.952 to 517.989 thatare charged to or allocated to the fee paidby a prospective applicant or an applicantshall be necessary, just and reasonable.Upon request, the department shall providea detailed justification for all charges to theprospective applicant or applicant. [1991 c.735§13a; 2013 c.371 §18]

517.974 [1989 c.347 §9; renumbered 517.735 in 1991]

517.975 Distribution of completed con-solidated application; notice of receipt ofapplication. Upon receipt of a completedconsolidated application, the State Depart-ment of Geology and Mineral Industriesshall:

(1) Provide copies of the application toeach affected local government, permittingagency, cooperating agency or federalagency.

(2) Provide notice of the receipt of theconsolidated application in accordance withORS 517.959. The notice shall include infor-mation about the opportunity for submittingwritten comments on the application andabout the public hearing conducted as re-quired under ORS 517.977. [1991 c.735 §14]

517.976 [1989 c.347 §16; renumbered 517.740 in 1991]

517.977 Preparation of draft permits;public hearing; determination of com-pleteness of consolidated application. (1)When all members of the technical reviewteam concur that the permitting agenciesand the cooperating agencies are ready tobegin preparing draft permits, the State De-partment of Geology and Mineral Industriesshall conduct a public hearing and acceptwritten comments on whether the informa-tion contained in the consolidated applica-tion is complete and sufficient to allow thepermitting agencies to determine whether toissue a permit. The date and location of thepublic hearing and the period allowed for



written comment shall be established by thedepartment. Notice of the public hearing andcomment period shall be given in accordancewith ORS 517.959.

(2) At the conclusion of the public hear-ing and comment period under subsection (1)of this section and within 90 days after theState Department of Geology and MineralIndustries receives a consolidated applicationfor a mining operation, the department, inconjunction with all permitting and cooper-ating agencies, shall make a determinationof whether the application is complete. Onthe basis of the determination the depart-ment shall either:

(a) If the permitting and cooperatingagencies determine that the consolidated ap-plication is complete, issue a notice to pro-ceed with the permitting process and thepreparation of draft permits; or

(b) If the permitting and cooperatingagencies determine that additional informa-tion is necessary, notify the applicant of theadditional information that is required.

(3) If the permitting and cooperatingagencies do not require the applicant to pro-vide additional information as suggested atthe public hearing or comment period undersubsection (1) of this section, the agenciesshall prepare a written response explainingwhy the additional information is not beingrequested from the applicant.

(4) Upon receipt of any additional infor-mation requested, the State Department ofGeology and Mineral Industries shall acceptpublic comments related to the additionalinformation for a period of two weeks. Ex-cept as provided in ORS 517.978, the depart-ment shall not conduct additional publichearings. [1991 c.735 §15; 2013 c.371 §19]

517.978 Review of application; addi-tional information. (1) After the State De-partment of Geology and Mineral Industriesissues a notice to proceed, the consolidatedapplication shall be considered complete un-less:

(a) New information is available thatcould not have been presented at the time ofthe completeness hearing; or

(b) Additional information is necessary toallow the permitting or cooperating agenciesto make a determination regarding whetherto issue or deny a permit or to issue thepermit with conditions attached.

(2) The permitting and cooperating agen-cies may continue to review an applicationwhile in the process of requesting additionalinformation. However, the department shallconduct an additional public hearing underORS 517.977 if the agencies determine thatadditional information is significant to theissuance or denial of a permit. [1991 c.735 §16]

517.979 Environmental evaluation; re-view of baseline data; payment of costsof third party contractor. (1) The StateDepartment of Geology and Mineral Indus-tries shall direct staff or shall hire a thirdparty contractor to:

(a) Prepare an environmental evaluation;(b) Review baseline data submitted by the

applicant; and(c) Review application material if a per-

mitting agency or a cooperating agency lacksthe expertise.

(2) The applicant shall pay costs of hiringa third party contractor. If the applicantshows cause why a particular third partycontractor should not be allowed to performa function under subsection (1) of this sec-tion, the department shall hire an alternatecontractor.

(3) The contents of the environmentalevaluation under subsection (1) of this sec-tion shall include:

(a) An analysis of the reasonably fore-seeable impacts of an activity including cat-astrophic consequences, even if theprobability of occurrence is low, if the anal-ysis is supported by credible scientific evi-dence and is not based on pure conjecture.

(b) An assessment of the total cumulativeimpact on the environment that results fromthe incremental impact of an action whenadded with other past, present and reason-ably foreseeable future actions, regardless ofthe agency or persons that undertake theother action, or whether the actions are onprivate, state or federal land. To the extentpossible, the department shall enter into amemorandum of agreement with federalagencies to ensure that information requiredby the state in evaluating the cumulativeimpact of a proposed mining operation maybe used by the applicant to satisfy federalrequirements for such an assessment.

(c) A review and analysis of alternativesanalyzed by the applicant or a contractorhired by the applicant that:

(A) Rigorously explores and objectivelyevaluates all reasonable alternatives andbriefly discusses alternatives that were elim-inated and the reasons the alternatives wereeliminated;

(B) Treats each alternative, including theproposed action, in detail so that the permit-ting agencies, cooperating agencies and thepublic may evaluate the comparative meritsof the alternatives; and

(C) Identifies all alternatives within theauthority of each permitting or cooperatingagency.

(4) Upon completion of the environmentalevaluation, the State Department of Geology



and Mineral Industries shall provide noticein accordance with ORS 517.959. The noticeshall state that the environmental evaluationis complete and that the persons may re-spond with written comments for a period oftwo weeks after the notice is given. [1991 c.735§17; 2013 c.371 §20]

517.980 Socioeconomic impact analy-sis. Concurrent with the development of theenvironmental evaluation, the State Depart-ment of Geology and Mineral Industries shalldirect staff or hire a third party contractorto prepare a socioeconomic impact analysisfor the use of the applicant, local govern-ment and affected agencies. [1991 c.735 §18]

517.981 Draft permit and permit con-ditions; denial of permit; time limits;public hearing on draft permit. (1) Within225 days after receiving the completed con-solidated application and the environmentalevaluation conducted under ORS 517.979,each permitting agency shall provide its draftpermit and permit conditions or its denialdocument to the State Department ofGeology and Mineral Industries. If a permit-ting agency includes in its draft permit acondition that is inconsistent with the envi-ronmental evaluation conducted pursuant toORS 517.979, the agency shall include withits draft permit a written explanation of thecondition setting forth the findings of theagency that support the condition. The StateDepartment of Geology and Mineral Indus-tries shall assure that the conditions imposedon the permits by the cooperating agenciesdo not conflict. If the department finds aconflict exists, the technical review teamshall resolve the conflict.

(2) Within 15 days after receiving alldraft permits and the completion of its draftoperating permit, the State Department ofGeology and Mineral Industries shall issuenotice of an opportunity for public commentand a consolidated public hearing on all draftpermits. The public hearing shall occur notsooner than 45 days after the department is-sues the notice. The notice shall be issued inaccordance with ORS 517.959. [1991 c.735 §19]

517.982 Final permits; permit condi-tions submitted by cooperating agencies.(1) Based on information received at theconsolidated public hearing, from personssubmitting written comments, commentingagencies and the review of the affectedagencies, each permitting agency shall,within 45 days after the consolidated publichearing under ORS 517.981 or within thetime period required by any applicable fed-eral law, whichever is sooner, approve, denyor modify the agency’s permit with condi-tions necessary to ensure that the miningoperation allowed under a permit complies

with the standards and requirements appli-cable to the permit.

(2) Each cooperating agency shall de-velop permit conditions within the expertiseand authority of the cooperating agency andsubmit the permit conditions to the StateDepartment of Geology and Mineral Indus-tries to be included as conditions on thedepartment’s permit. The department shallnot issue a permit until each cooperatingagency has submitted a written concurrencewith the terms and conditions of the permitas such pertain to the statutory responsibil-ity of each cooperating agency.

(3) Upon completion of the permits, thedepartment shall issue a notice in accor-dance with ORS 517.959 to notify interestedpersons that the final permits are issued.[1991 c.735 §20; 2013 c.371 §21]

517.983 Consolidated contested casehearing; judicial review; stay of permit.(1) The applicant or any person who ap-peared before a permitting agency at theconsolidated public hearing under ORS517.981, either orally or in writing, regardinga permit granted or denied by the permittingagency may file with the State Geologist awritten request for a consolidated contestedcase hearing. The request shall be filedwithin 30 days after the date the permit wasgranted or denied.

(2) Upon receipt of a request under sub-section (1) of this section, the State Depart-ment of Geology and Mineral Industries shallschedule a consolidated contested case hear-ing which shall be held not less than 60 daysor more than 75 days after the notice of per-mit issuance under ORS 517.982. The hearingshall be conducted in accordance with theprovisions applicable to contested case pro-ceedings under ORS chapter 183. Any permitgranted by a permitting agency shall be sus-pended until completion of the administrativehearings process.

(3) Hearings under this section shall beconducted by an administrative law judgeassigned from the Office of AdministrativeHearings established under ORS 183.605.

(4) The administrative law judge shallprepare a proposed order for each contestedpermit. A party may file written exceptionsto the proposed order with the permittingagency. If the permitting agency determinesthat additional information may be includedin the record, the agency shall remand theorder to the appropriate administrative lawjudge for further consideration. After receiv-ing exceptions and hearing argument on theexceptions, the governing body or personwithin the permitting agency responsible formaking a final decision on a permit mayadopt the proposed order or issue a new or-der.



(5) Jurisdiction for judicial review of apermitting agency’s issuance or denial of apermit is conferred upon the Supreme Court.Proceedings for review shall be instituted byfiling a petition in the Supreme Court. Thepetition shall be filed within 60 days follow-ing the date the permit is issued or denied.If the permit with prescribed conditions isapproved, the filing of the petition for reviewshall stay the permit during the pendency ofjudicial review for a period of up to sixmonths from the date the petition for reviewis filed. The Supreme Court may extend thestay beyond the six-month period upon writ-ten request and a showing by the petitionerthat the activities under the permit couldresult in irreparable harm to the site. Exceptas otherwise provided in this subsection, thereview by the Supreme Court shall be asprovided in ORS 183.482. The Supreme Courtshall give priority on its docket to such apetition for review.

(6) When only the applicant files a peti-tion for judicial review, the six-month stayimposed under subsection (5) of this sectionmay be removed by the permitting agencyupon written request within 60 days after thefiling of the petition and a showing by theapplicant to support a finding by the permit-ting agency that proceeding with any or allactivities under the permit will not result inirreparable harm to the site. In making suchfindings the permitting agency may requirean additional bond or alternative security tobe filed with the State Department ofGeology and Mineral Industries as providedin ORS 517.987. The bond shall be in anamount the permitting agency determinesnecessary to assure complete restoration ofthe site if the petitioner elects not to com-plete the project following judicial review.Agency denial of the request to remove thestay is subject to review by the SupremeCourt under such rules as the SupremeCourt may establish. [1991 c.735 §21; 1999 c.849§§104a,104c; 2003 c.75 §44]

517.984 Modification of permit; projectcoordinating committee. (1) The operator,the State Department of Geology and Min-eral Industries, any other permitting agencyor a cooperating agency may request modifi-cation of a permit issued under the processestablished under ORS 517.952 to 517.989.

(2) If a permitting agency is requested tomake a permit modification that the permit-ting agency or a cooperating agency finds isa significant permit modification under theprovisions of ORS 517.952 to 517.989, theagency shall notify the State Department ofGeology and Mineral Industries. The depart-ment shall coordinate the organization of aproject coordinating committee. The projectcoordinating committee shall review the pro-posed modification and determine those por-

tions of ORS 517.952 to 517.989 with whichthe applicant must comply. The decision ofthe project review committee shall be:

(a) Limited to those portions of the min-ing operation to be modified; and

(b) Consistent with public participationas set forth in ORS 517.952 to 517.989. [1991c.735 §22; 2007 c.318 §26; 2013 c.371 §22]

517.985 Rulemaking. In accordance withapplicable provisions of ORS chapter 183, thegoverning board of the State Department ofGeology and Mineral Industries shall adoptrules necessary to implement the provisionsof ORS 517.952 to 517.989. The rules shallinclude but need not be limited to:

(1) The information required to be sub-mitted in a notice of intent;

(2) The fee that the department may col-lect from a person requesting inclusion onthe master list under ORS 517.959; and

(3) The form and content of the consol-idated application. [1991 c.735 §23]

517.986 Time limit for final action onpermit subject to consolidated applicationprocess. Notwithstanding any other pro-vision of law, the State Department ofGeology and Mineral Industries and anyother permitting agency shall take final ac-tion to issue or deny a permit subject to theconsolidated application process set forth inORS 517.952 to 517.989 within one year afterissuance of a notice to proceed under ORS517.977. However, with the concurrence ofthe applicant, the processing of the applica-tion may be suspended for a period of timeto allow the applicant to resolve issues hav-ing a bearing on, or necessary to any per-mitting agency’s decision or the department’sdecision on whether to issue or deny a per-mit. [1991 c.735 §24]

517.987 Reclamation bond or security;annual assessment of cost of reclama-tion; lien; release of security; post-reclamation security. (1) At the time ofsubmitting a consolidated application underORS 517.971, the applicant shall estimate thetotal cost of reclamation consistent with thestandards imposed under ORS 517.702 to517.989. Using the reclamation estimate anda credible accident analysis as a guide, theState Department of Geology and MineralIndustries shall make an initial determi-nation as to the amount of the reclamationbond necessary to protect human health andthe environment. The department shall dis-tribute a bond proposal to all permitting andcooperating agencies. The amount of thebond that the department may require tocover the actual cost of reclamation shall notbe limited.

(2) The reclamation bond or alternativesecurity acceptable to the department shall



be posted before the start of mining oper-ations. The bond shall be issued by a bondingcompany licensed to operate in Oregon. Amining operation may not satisfy the re-quirements for a bond through self-insurance.

(3) The department shall assess annuallythe overall cost of reclamation. If changes inthe operation or modifications to a permitcause the cost of reclamation to exceed theamount of the reclamation bond currentlyheld by the state, the operator shall post anadditional bond for the difference. All recla-mation calculations shall be approved by thedepartment. Incremental surety increasesshall be provided for, with the level of suretybeing consistent with the degree and formsof surface disturbance anticipated within atime period specified by the department.When the actual surface area to be disturbedapproaches the level expected by the depart-ment, the operator shall notify the depart-ment sufficiently in advance of reaching theacreage limit specified to allow for a reviewof surety requirements and posting of addi-tional surety by the operator prior to ex-ceeding the acreage limit set by thedepartment.

(4) If reclamation costs will exceed theposted bond and the operator does not in-crease the bond amount, the department andother permitting agencies shall suspend allpermits until the operator posts the addi-tional bond security.

(5) The department may seek a lienagainst the assets of the operator to coverthe cost of reclamation if the bond posted isinsufficient. The amount of the lien shall bethe amount of the costs incurred by the de-partment to complete reclamation. All cur-rent operating permits of the operator shallbe suspended and the department shall denyimmediately all pending applications of theoperator to conduct mining operations.

(6)(a) The operator shall submit to thedepartment a written request for the releaseof its reclamation bond. If the operator hasconducted concurrent reclamation, the oper-ator shall submit an application for bond re-duction which estimates the percentage ofreclamation done to date and the corre-sponding percentage of reclamation fundsthat the operator believes should be re-turned. A bond release or reduction requestshall state in unambiguous terms all mea-sures taken to reclaim the site and anyproblem or potential problems that may in-hibit reclamation in accordance with permitrequirements.

(b) The department shall distribute therequest to each permitting or cooperatingagency, to members of the public who par-ticipated in the consolidated application un-der ORS 517.952 to 517.989, and to any

person who requests notification. In addition,the department shall publish a notice as pro-vided in ORS 517.959 announcing receipt ofa request for bond release or bond reduction.

(c) No sooner than 60 days after distrib-uting the request and providing notice of thereceipt of the request, the department shallconduct an informal public hearing to deter-mine whether to allow the bond release orbond reduction.

(7) The department may require securityor an annuity for post-reclamation monitor-ing and care to be paid before the final bondrelease. The security or annuity shall be suf-ficient to cover long-term site care and mon-itoring needs. The department shalldetermine the amount of the proposed secu-rity or annuity and distribute a proposal toall permitting and cooperating agencies. [1991c.735 §24a; 2007 c.318 §27]

517.988 Permit conditions by StateDepartment of Fish and Wildlife; vio-lations of State Department of Fish andWildlife conditions. (1) The State Depart-ment of Fish and Wildlife shall develop con-ditions for the protection of fish and wildliferesources that shall be included in any per-mit issued by the State Department ofGeology and Mineral Industries under theprocess established under ORS 517.952 to517.989.

(2) The State Department of Fish andWildlife shall have the right of ingress andegress to and from a mine operating under apermit that includes conditions imposed pur-suant to subsection (1) of this section, doingno unnecessary injury to the property of themine operator, to determine whether the op-erator is complying with such conditions. Ifthe State Department of Fish and Wildlifedetermines that a violation has occurred, theState Department of Fish and Wildlife shallinform the State Department of Geology andMineral Industries of the violation and theState Department of Geology and MineralIndustries shall cooperate with the State De-partment of Fish and Wildlife to take appro-priate enforcement action. [1991 c.735 §24b; 2013c.371 §23]


517.989 Rules applicable to consol-idated application. (1) Except as provided insubsections (2) and (3) of this section, theState Department of Geology and MineralIndustries and all permitting and comment-ing agencies shall review and take action ona consolidated application in accordancewith rules in effect at the time the notice ofintent to submit an application is filed underORS 517.961.



(2) Subsection (1) of this section shall notapply to a consolidated application if:

(a) An applicant is responsible for unrea-sonable delays in the processing of the ap-plication or fails to make a good faith effortto comply with all requirements for issuanceof the permit;

(b) Application of a statute or rule is re-quired under federal law or is a requirementfor the state to maintain approval of or de-legation of administration of a federal pro-gram; or

(c) The department, or a permittingagency or commenting agency, finds that ap-plication of a rule is necessary to protect thepublic from a serious threat to human healthor safety. [1995 c.503 §2; 2013 c.371 §24]

PENALTIES517.990 Criminal penalties. (1) A person

who conducts a surface mining operationwithout a valid operating permit as requiredby ORS 517.750 to 517.901 commits a ClassA violation.

(2) Subject to ORS 153.022, violation ofany provision of ORS 517.750 to 517.901, orany rules promulgated pursuant thereto, orof any conditions of an operating permit is aClass A violation.

(3) Subject to ORS 153.022, violation ofORS 517.910 to 517.989, or any rules promul-gated pursuant thereto, or of any conditionsof an operating permit for a nonaggregatesurface mining operation is punishable, uponconviction, by a fine of not more than$10,000.

(4) Notwithstanding any other provisionof the law, a person who conducts a nonag-gregate surface mining operation without avalid operating permit as required by ORS517.910 to 517.989 shall be punished, uponconviction, by a fine of not more than$10,000.

(5) A person commits a violation subjectto a fine of not more than $10,000 if the per-son knowingly or recklessly causes substan-tial harm to human health or theenvironment while:

(a) Conducting a surface mining opera-tion without a valid operating permit as re-quired by ORS 517.750 to 517.901; or

(b) Violating an operating permit, a rec-lamation plan, a provision of this chapter orany rule adopted by the State Department ofGeology and Mineral Industries to carry outthe provisions of this chapter.

(6) For purposes of this section, “sub-stantial harm to human health or the envi-ronment” means:

(a) Physical injury, as defined in ORS161.015, or risk of serious physical injury, asdefined in ORS 161.015, to humans; or

(b) Substantial damage to wildlife, plants,aquatic and marine life, habitat or streambuffers. [Amended by 1953 c.188 §2; subsection (3) en-acted as 1957 c.580 §11; 1971 c.743 §398; subsection (4)enacted as 1971 c.719 §18; subsections (5) and (6) enactedas 1981 c.622 §14; 1985 c.292 §1; 1987 c.260 §4; 1993 c.742§115; 1999 c.1051 §196; 2007 c.318 §13; 2013 c.371 §25]

517.992 Civil penalties; rules. (1) In ad-dition to any other sanction authorized bylaw, the governing board of the State De-partment of Geology and Mineral Industriesmay impose a civil penalty of not less than$200 per day and not more than $50,000 perday for any violation of ORS 517.952 to517.989, of any rules adopted under thoseprovisions, of any orders issued under thoseprovisions or of any conditions of a permitissued under those provisions. A penalty maybe imposed under this subsection without re-gard to whether the violation occurs onproperty covered by a permit issued underORS 517.952 to 517.989.

(2)(a) In addition to any other sanctionauthorized by law, and subject to the limita-tions of paragraph (b) of this subsection, thegoverning board of the State Department ofGeology and Mineral Industries may imposea civil penalty of not more than $10,000 perday for any violation of ORS 517.702 to517.740, 517.750 to 517.901 and 517.905 to517.951, of any rules adopted under thoseprovisions, of any orders issued under thoseprovisions or of any conditions of a permitissued under those provisions.

(b) A penalty may be imposed under thissubsection only if a landowner or operatorfails to complete erosion stabilization as re-quired by ORS 517.775 or board rules adoptedto implement that section, if the operator hasfailed to comply with an order issued underORS 517.860 or 517.880, if the operation isbeing conducted in violation of conditionsimposed on an operating permit or reclama-tion plan pursuant to ORS 517.835 or if theoperation is being conducted:

(A) Without a permit;(B) Outside the permit boundary; or(C) Outside a permit condition regarding

boundaries, setbacks, buffers or the place-ment of surface mining refuse.

(3) Civil penalties under this sectionshall be imposed in the manner provided byORS 183.745.

(4) Failure to pay a civil penalty that hasbecome final under this section shall begrounds for revocation of any permit issuedunder ORS 517.702 to 517.989 to the personagainst whom the penalty has been assessed.



(5) Any civil penalty received by theState Treasurer under this section shall bedeposited in the General Fund to the creditof the Geology and Mineral Industries Ac-count and is continuously appropriated tothe State Department of Geology and Min-eral Industries to the extent necessary forthe administration and enforcement of thelaws, rules and orders under which the pen-alty was assessed.

(6) A reclamation fund shall be estab-lished into which funds not used as describedin subsection (5) of this section shall be de-posited. This money shall be used by theState Department of Geology and MineralIndustries for the purpose of the reclamationof abandoned mine and drill sites.

(7) When a single incident violates stat-utes, rules, board orders or permit conditionsadministered by more than one agency, thedepartment shall coordinate with the otheragencies having civil penalty authority be-fore imposing a civil penalty.

(8) In implementing this section, the de-partment shall adopt rules that provide civilpenalties that are commensurate with theseverity of violations.

(9) A civil penalty may be imposedagainst the board of directors and high man-agerial agents of a corporation if those per-sons engage in, authorize, solicit, request,command or knowingly tolerate the conductfor which the penalty is to be imposed. Asused in this subsection, “agent” and “highmanagerial agent” have the meanings giventhose terms in ORS 161.170. [1991 c.735 §24c; 1993c.341 §1; 1997 c.183 §4; 2001 c.262 §1; 2003 c.470 §3; 2007c.318 §14; 2013 c.371 §26]

CHAPTERS 518 AND 519

[Reserved for expansion]


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