USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 516 Department of Geology and Mineral Industries
As used in this chapter:

(1) “Board” means the governing board of the State Department of
Geology and Mineral Industries established pursuant to ORS 516.080.

(2) “Department” means the State Department of Geology and Mineral
Industries established pursuant to ORS 516.020.

(3) “Mine” includes all mineral-bearing properties of whatever kind
and character, whether underground, quarry, pit, well, spring or other
source from which any mineral substance is obtained.

(4) “Mineral” includes any and all mineral products, metallic and
nonmetallic, solid, liquid or gaseous, and mineral waters of all kinds.

(5) “Mineral industries” includes all enterprises engaged in
developing and exploiting the natural substances of the earth.

(6) “Geologic hazard” means a geologic condition that is a
potential danger to life and property which includes but is not limited
to earthquake, landslide, flooding, erosion, expansive soil, fault
displacement, volcanic eruption and subsidence.

(7) “Geology” means the study of the earth, and in particular the
study of the origin, history and topographic form of rocks, ores and
minerals, either under the ground or upon the surface, and their
alteration by surface agencies, such as wind, water, ice and other
agencies, and the economics of their use. [Amended by 1989 c.954 §1; 1993
c.260 §1] There is created a State Department
of Geology and Mineral Industries. The State Department of Geology and
Mineral Industries shall:

(1) Initiate and conduct studies and surveys of the geological and
mineral resources of the state and their commercial utility.

(2) Conduct as a continuing project a geological survey of Oregon,
including quadrangle geologic mapping, either as a department undertaking
or jointly with federal or other agencies.

(3) Initiate, carry out or administer studies and programs that
will, in cooperation with universities, federal, state and local
government agencies, reduce the loss of life and property by
understanding and mitigating geologic hazards. These studies and programs
may include but need not be limited to:

(a) Statewide hazard assessment, including identification and
mapping of geologic hazards, estimation of their potential consequences
and likelihood of occurrence and monitoring and assessment of potentially
hazardous geologic activity;

(b) Studies of paleoseismicity including but not limited to
providing evidence of whether prehistoric subduction zone and crustal
earthquakes have occurred in Oregon;

(c) Operation of a state seismic network in cooperation with
universities or federal agencies or both through the strategic placement
of instrumentation to monitor earthquake activity as it occurs; and

(d) Operation of a state geodetic network through the monitoring
and periodic survey of markers in order to detect modern deformation of
the earth’s crust and the subsequent buildup of stress.

(4) Consider and study kindred scientific and economic questions in
the field of geology and mining that are deemed of value to the people of
Oregon.

(5) Cooperate with federal or other agencies for the performance of
work in Oregon deemed of value to the state and of advantage to its
people, under rules, terms and conditions to be arranged between the
governing board of the State Department of Geology and Mineral Industries
and such agencies. But in no case shall the cost to the department be in
excess of the amount appropriated therefor, and the results of any joint
undertakings shall be made available without restrictions to this
department.

(6) Serve as a bureau of information and advisory services
concerning geologic resources and hazards, including maintenance of a
library, a public education program and a geologic database; review of
functions; expert advice to federal, state and local government agencies;
and operation of a clearinghouse for post-hazard event earth science
investigations. The department shall provide technical assistance to
local governments on aggregate mining and reclamation during preparation
and amendment of comprehensive plans and land use regulations.

(7) Serve as a bureau of information concerning Oregon mineral
resources, mineral industries and geology, conduct a mineral survey of
the state, and catalog each and every mineral occurrence and deposit,
metallic and nonmetallic, together with its location, production, method
of working, name of owner or agent, and other detailed information
capable of being tabulated and published in composite form for the use,
guidance and benefit of the mineral industry of the state and of the
people in general and deemed necessary in compiling mineral statistics of
the state.

(8) Collect a library of literature describing the geology and
mineral deposits, metallic and nonmetallic, of Oregon.

(9) Make qualitative examinations of rocks, mineral samples and
specimens.

(10) Study minerals and ores, additional uses for the state’s
minerals, and explore the possibilities for using improved treatment,
processes, mining methods and reclamation techniques for regulated mines
and abandoned mined lands.

(11) Establish in the department or in cooperation with
universities and other organizations a repository for drill cores and
samples considered by the department to be of long term use in developing
information. [Amended by 1989 c.954 §2; 1991 c.243 §3; 1993 c.260 §2;
2001 c.104 §225] The State Department of Geology and
Mineral Industries may:

(1) Make or have made qualitative and quantitative determinations
of ores and minerals that are submitted for such purpose and that are
from within the State of Oregon. The department shall mail to the sender
of such ores or minerals the results of such determination as soon as
practicable after making such determination. Such services shall be
performed by the department at the request of a member of the general
public at a reasonable charge.

(2) Perform geological surveys or analyses at the request of any
state agency if department funding allows undertaking such surveys or
analyses and may make reasonable charges for these services.

(3) Collect and exhibit specimens, samples and photographs, models
and drawings of appliances in the mines, mills and metallurgical plants
of Oregon.

(4) Enter into contracts or agreements with the federal government
or any agency thereof, pursuant to which the department shall operate or
act as the agent of the federal government in the operation of a mineral
assay service or similar analytical service, the cost of which is to be
reimbursed by the federal government.

(5) Establish, equip and operate a geochemical laboratory which may:

(a) Make geochemical determinations at the request of any
department, institution or other agency of the state, without any charge
in excess of the actual cost thereof.

(b) Make other geochemical determinations at a reasonable charge in
excess of the actual cost thereof. [1971 c.441 §4; 1973 c.180 §1; 1993
c.260 §3](1) There is established in the General Fund of the State
Treasury an account to be known as the Geology and Mineral Industries
Account. All moneys received by the State Department of Geology and
Mineral Industries shall be paid over to the State Treasurer and by the
State Treasurer deposited in the General Fund to the credit of the
account. All moneys within the account are continuously appropriated for
the use of the department in carrying out its lawful functions.

(2) The Federal Locatable Mineral Royalties Subaccount is
established within the Geology and Mineral Industries Account.
Notwithstanding subsection (1) of this section, all moneys received from
the federal government by the State of Oregon as the state’s distributive
share of the amounts collected for royalties for locatable minerals shall
be credited to the subaccount. All moneys in the Federal Locatable
Mineral Royalties Subaccount are continuously appropriated to the State
Department of Geology and Mineral Industries to conduct investigations of
new mineral resources and to carry out the provisions of ORS 517.840
(1)(f).

(3) The State Treasurer may invest and reinvest the moneys in the
Federal Locatable Mineral Royalties Subaccount as provided in ORS 293.701
to 293.820. Interest from the moneys deposited in the subaccount and
earnings from investment of the moneys in the subaccount shall be
credited to the subaccount.

(4) The Mined Land Regulation and Reclamation Program Subaccount is
established within the Geology and Mineral Industries Account.
Notwithstanding subsection (1) of this section, all moneys received by
the State Department of Geology and Mineral Industries from fees assessed
pursuant to ORS 517.800 shall be credited to the subaccount. All moneys
in the subaccount are continuously appropriated to the department for the
purpose of administering ORS 517.702 to 517.951. [Amended by 1957 c.233
§1; 1961 c.671 §14; 1971 c.441 §5; 1993 c.260 §4; 1995 c.509 §1; 2005
c.650 §2](1) The State Department of Geology
and Mineral Industries shall be administered by a governing board
composed of five citizens of Oregon appointed by the Governor.

(2)(a) The term of office of each member is four years, but a
member serves at the pleasure of the Governor. Before the expiration of
the term of a member, the Governor shall appoint a successor. A member is
eligible for reappointment. If there is a vacancy for any cause, the
Governor shall make an appointment to become immediately effective for
the unexpired term. The term of a board member shall continue until a
successor has been appointed and confirmed.

(b) All appointments shall be made subject to approval by the
Senate in the manner provided in ORS 171.562 and 171.565.

(3) The board shall hold meetings four times each year and special
meetings may be called by the chairperson or by a majority of the board.

(4) Each member of the board is entitled to compensation and
expenses as provided in ORS 292.495.

(5) A majority of the members of the board constitutes a quorum for
the transaction of business.

(6) The members of the State Department of Geology and Mineral
Industries governing board must be citizens of this state. The members
chosen shall, to the greatest extent possible, represent all geographic
regions of the state. [Amended by 1961 c.167 §42; 1969 c.314 §61; 1969
c.695 §11; 1983 c.740 §204a; 1993 c.260 §5; 2001 c.75 §1] (1) The
governing board of the State Department of Geology and Mineral Industries
shall:

(a) Direct and review the performance of the State Geologist and
the State Department of Geology and Mineral Industries in carrying out
its duties and responsibilities pursuant to this chapter and ORS chapters
517, 520 and 522.

(b) Carry out the policies set forth in this chapter and ORS
chapters 517, 520 and 522.

(c) Establish policies and approve plans that lead to an
understanding of geology and mineral resources of the state, geologic
processes and hazards and scientific, economic and tourism issues
relating to geology and mineral industries.

(d) At the discretion of the board, accept from the United States
or any of its agencies such funds as may be made available to this state
for any of the purposes contemplated by this chapter, and shall enter
into such contracts and agreements with the United States or any of its
agencies or with Oregon or any of its agencies as may be necessary,
proper and convenient, and not contrary to the laws of this state.

(e) Review and approve budget requests of the department.

(2) The board may:

(a) In accordance with applicable provisions of ORS chapter 183,
adopt rules necessary for the administration of the laws that the board
is charged with administering.

(b) Receive on behalf of this state, for the use and benefit of the
department, gifts, devises and legacies of real or other property, and
use them in accordance with the wishes of the donors, or, in the absence
of specific instructions by the donors, manage, use and dispose of the
gifts and legacies as may be deemed by the board for the best interest of
the state. [Amended by 1993 c.260 §6] (1) The State
Department of Geology and Mineral Industries shall have prepared, printed
and published reports, pamphlets, charts and maps, embracing the matters
addressed in ORS 516.030 and ORS chapters 517, 520 and 522. All maps,
charts, special bulletins and other publications shall be for public
distribution, but the department may make a reasonable charge to cover
publication and distribution costs.

(2)(a) When a report embodies results of surveys or studies of
economic importance, no information of any kind concerning the contents
of such report shall be given out prior to publication, if such prior
information could place the recipient in a preferential position as
regards its use.

(b) Notwithstanding the provisions of paragraph (a) of this
subsection, if an investigation of a mineral property or geologic hazard
within the state is made by an employee of the department at the request
of either the owner or a person in control of such property, results of
the investigation shall be conveyed to the owner or person in control
prior to the publication of a report of such results. After they have
been conveyed to the owner or person, the results shall be open to public
inspection prior to their publication. [Amended by 1975 c.605 §26; 1993
c.260 §7; 2005 c.22 §373] (1) The
position of State Geologist within the State Department of Geology and
Mineral Industries is created. In consultation with the Governor, the
governing board of the State Department of Geology and Mineral Industries
shall appoint the State Geologist.

(2) The State Geologist shall be qualified to perform as well as to
direct the technical and executive work of the department as determined
by the board and shall be a geologist, engineer or other technical
specialist with a broad background of practical experience related to
programs of the department. [Amended by 1963 c.192 §1; 1983 c.740 §205;
1993 c.260 §8](1) The State Geologist shall be covered by a bond as
set forth in ORS 291.011.

(2) The State Geologist may employ qualified persons subject to any
applicable provisions of the State Personnel Relations Law.

(3) The State Geologist shall report to the governing board of the
State Department of Geology and Mineral Industries as requested by the
board concerning the administration of the State Department of Geology
and Mineral Industries.

(4) The State Geologist shall make every effort to complete
promptly for publication all notes, charts and maps covering mineral and
geological investigations of the department, so that public distribution
of same may take place as closely as possible after the completion of
field investigations.

(5) The State Geologist shall have charge of, organize and
supervise the work of the department and perform such other duties as may
be necessary to carry out the work of the department. [Amended by 1991
c.331 §74; 1993 c.260 §9]
(1) No member of the staff of the State Department of Geology and Mineral
Industries shall hold a direct pecuniary interest in or accept
compensation from an industry regulated by the department.

(2) No member of the staff of the department shall:

(a) Hold a direct pecuniary interest in or accept compensation from
any producing or prospective mineral operation of any kind of any entity
that does business in this state.

(b) Act as agent or broker for any purchaser, owner, or an agent of
a purchaser or owner, of any mineral interest.

(c) Accept a commission for any service rendered during the period
of employment with the department, if such service is concerned with
mining, geology or any mineral industry that does business in this state.

(d) Make any investigation or report of any individual property in
this state for purposes of evaluation, except as provided in ORS 516.100.

(3) For purposes of this section:

(a) “Direct pecuniary interest” means a mining claim, stock,
royalty interest, partnership, joint venture or other interest over which
the employee may control acquisition or disposal of the interest.

(b) “Direct pecuniary interest” does not mean an interest in a
mutual fund, retirement fund or other interest described in subsection
(1) or (2) of this section over which the employee may not control
acquisition or disposal.

(4) The provisions of this section are in addition to and not in
lieu of the provisions of ORS chapter 244. [1993 c.260 §11](1) In carrying out its duties related to mineral
resources, mineral industries and geology, the State Department of
Geology and Mineral Industries shall act in a manner that is consistent
with the goal set forth in ORS 468B.155.

(2) In order to assist in the development of a statewide repository
of information about Oregon’s ground water resource, the department shall
provide any information, acquired by the department in carrying out its
statutory duties, that is related to ground water quality to the
centralized repository established pursuant to ORS 468B.167. [1989 c.833
§46]

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