USA Statutes : oregon
Title : TITLE 41 WILDLIFE
Chapter : Chapter 517 Mining and Mining Claims
(1) Any
person, a citizen of the United States, or one who has declared an
intention to become such, who discovers a vein or lode of mineral-bearing
rock in place upon the unappropriated public domain of the United States
within this state, may locate a claim upon such vein or lode by posting
thereon a notice of such discovery and location. The notice shall contain:

(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 the point of discovery, with the width on each side of the lode
or vein.

(e) The general course or strike of the vein or lode as nearly as
may be, with reference to some natural object or permanent monument in
the vicinity, and by defining the boundaries upon the surface of each
claim so that the same may be readily traced.

(2)(a) Such boundaries shall be marked within 30 days after posting
of such notice by four substantial posts, projecting not less than three
feet above the surface of the ground, and made of wood measuring not less
than 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 in height, one
such post or mound of rock at each corner of such claims.

(b) During the course of normal maintenance of the claim location
posts or monuments, any post that requires replacement and is not
constructed of naturally occurring materials shall be replaced by posts
that are made of wood measuring not less than one and one-half inch by
one and one-half inch on a side and that project not less than three feet
above the surface of the ground.

(3) At such time as any lode mining claim is declared invalid by
the United States Department of the Interior, Bureau of Land Management
or is otherwise dropped by the last claim holder of record without
transfer through lease or sale to another person, all claim location
posts not made of natural materials shall be removed from the public
domain of the United States and at the same time any post made of natural
materials shall be removed or dismantled. [Amended by 1991 c.215 §1] The locator shall,
within 60 days from the posting of the location notices by the locator
upon the lode or claim, record with the clerk of the county where the
claim is situated, who shall be the custodian of mining records and
miners’ liens, a copy of the notice posted by the locator upon the lode
or claim and shall pay the clerk a fee for such recording as provided in
ORS 205.320, which sum the clerk shall immediately pay over to the
treasurer of the county and shall take a receipt therefor, as in case of
other county funds coming into the possession of such officer. The clerk
shall immediately 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] Abandoned claims are unappropriated
mineral lands, and titles thereto shall be obtained as specified in ORS
517.010 and 517.030, without reference to any work previously done
thereon.(Placer Deposits) As
used in ORS 517.042 to 517.052, unless the context requires otherwise,
“legal subdivision” means a subdivision of a state survey or of a United
States survey which has been extended over the geographic area to be
described. [1961 c.525 §1]
Any individual, a citizen of the United States, or one who has declared
an intention to become such, who discovers a placer deposit of minerals
upon the unappropriated public domain of the United States within this
state, which minerals are subject to location under the mineral and
mining laws of the United States, may locate a placer claim thereon by
posting in a conspicuous place thereon a notice of such discovery and
location. The notice shall contain:

(1) The name of the claim.

(2) The name of the individual or individuals 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 legal subdivisions, if practicable, or if not,
then by reference to some natural object or permanent monument in the
vicinity of the claim, which will identify the claim located. [1961 c.525
§2](1) Unless the claim for placer deposit referred to in ORS
517.044 is located by legal subdivisions, the surface boundaries of the
claim must be marked so that the same may be readily traced. Such
boundaries shall be marked within 30 days after the posting of the notice
described in ORS 517.044 by substantial posts or other monuments of the
same size, materials and dimensions as in the case of quartz claims. The
boundaries of the claim shall be marked at each corner or angle, and,
when any side or end of the claim extends for more than 1,320 feet
without a corner or angle, then at intervals of not less than 1,320 feet
along such side or end.

(2) Where the claim for placer deposit referred to in ORS 517.044
is taken by legal subdivisions, no other reference in the notice of claim
required to be posted and filed under the provisions of ORS 517.042 to
517.052 than to the legal subdivisions shall be required and the
boundaries of a claim so located and described need not be staked or
monumented. The description by legal subdivisions in the notice required
to be filed under ORS 517.052 shall be deemed the equivalent of marking
the surface boundaries of the claim. [1961 c.525 §3] The individual
locating a placer deposit shall, within 60 days from the posting of the
location notice upon the claim, record with the clerk of the county where
the claim is situated, a copy of the notice posted by the individual upon
the claim. The fee for recording such location notice shall be the fee
provided for in ORS 205.320. The clerk shall immediately record the
location notice. [1961 c.525 §5; 1971 c.228 §3; 1991 c.230 §26; 1999
c.654 §29](General Provisions) If at any time an
individual who has located a mining claim within the meaning of ORS
517.010 or 517.044, or the assigns of the individual, apprehends that the
original notice of location of the mining claim was defective, erroneous,
or that the requirements of the law had not been complied with before the
filing of the notice, such locator or assigns may post and record in the
manner now provided by law, an amended notice of the location which shall
relate back to the date of the original location. However, the posting
and recording of the amended notice of location shall not interfere with
the existing rights of others at the time of posting the amended notice.
[Amended by 1961 c.525 §7; 1991 c.230 §27] (1)
Subject to ORS 517.060, all locations or attempted locations of quartz
mining claims subsequent to December 31, 1898, that do not comply with
ORS 517.010 and 517.030 are void.

(2) Except as provided in ORS 517.060, all locations or attempted
locations of placer mining claims made after August 9, 1961, that do not
comply with the provisions of ORS 517.042 to 517.052 are void.
[Subsection (1) formerly 517.050; subsection (2) enacted as 1961 c.525 §6] Any location of
any mining claim made upon any natural stream, or contiguous or near to
any placer mine, or upon or below the dump of any placer mine, shall be
subject to the prior right of all mines in operation prior to the making
of such location, to discharge debris, gravel, earth, and slickens which
were or may be discharged at the time of making such subsequent location. All mining claims, whether quartz
or placer, are real estate. The owner of the possessory right thereto has
a legal estate therein within the meaning of ORS 105.005.All conveyances of mining claims or of interests
therein, either quartz or placer, whether patented or unpatented, are
subject to the provisions governing transfers and mortgages of other
realty as to execution, recordation, foreclosure, execution sale and
redemption. However, such redemption by the judgment debtor must take
place within 60 days from date of confirmation, or such right is lost.
[Amended by 2003 c.14 §339] In case of
redemption from sale under judgment, the redemptioner shall pay such sums
as are now required by law for redemption under execution sale, and such
additional sum as may have been expended upon the property so redeemed by
the purchaser under execution, or the assigns of the purchaser, in order
to keep alive the possessory right thereto after the execution sale, not
exceeding $100 for each claim, with 10 percent interest thereon from date
of such expenditures. [Amended by 2003 c.576 §466] All contracts of mining
copartnership, commonly known as “grubstaking,” shall be in writing, and
recorded with the clerk of the county wherein the locations thereunder
are made. Unless contracts of mining copartnership contain the names of
the parties thereto and the duration thereof, the contracts are void.
[Amended by 1991 c.230 §28]PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING As used in ORS
517.120 to 517.133:

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

(2) “Mining claim” means a portion of the public lands claimed for
the valuable minerals occurring in those lands and for which the mineral
rights are obtained under federal law or a right that is recognized by
the United States Bureau of Land Management and given an identification
number.

(3) “Prospecting” means to search or explore, using motorized or
nonmotorized methods, for samples of gold, silver or other precious
minerals from among small quantities of aggregate or ore.

(4) “Recreational mining” means mining in a manner that is
consistent with a hobby or casual use, including use on public lands set
aside or withdrawn from mineral entry for the purpose of recreational
mining, or using pans, sluices, rocker boxes, other nonmotorized
equipment and dredges with motors of 16 horsepower or less and a suction
nozzle of four inches or less in diameter.

(5) “Small scale mining” means mining on a valid federal mining
claim operating under a notice of intent or plan of operations while
using whatever equipment is necessary, as approved by the notice of
intent or plan of operations, to locate, remove and improve the claim.
[1999 c.354 §1]Note: 517.120 to 517.135 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 517 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation. The Legislative Assembly finds that
prospecting, small scale mining and recreational mining:

(1) Are important parts of the heritage of the State of Oregon;

(2) Provide economic benefits to the state and local communities;
and

(3) Can be conducted in a manner that is not harmful and may be
beneficial to fish habitat and fish propagation. [1999 c.354 §2]Note: See note under 517.120.
Any rule pertaining to recreational or small scale mining adopted after
June 28, 1999, shall be adopted in consultation with affected parties.
[1999 c.354 §3]Note: See note under 517.120.A person may not attempt to restrict access to any open
mining area or valid mining claim or to harass or interfere in any way
with a person engaged in lawful mining activities. [1999 c.354 §4]Note: See note under 517.120. (1) As used in this section:

(a) “Bedrock sluice” means a wood or metal flume or trough that is
permanently attached to the bedrock of the creek and is equipped with
transverse riffles across the bottom of the unit and used to recover
heavy mineral sands.

(b) “Deface” includes but is not limited to altering, pulling down,
damaging or destroying.

(c) “Dredge” means a subsurface hose from 1.5 to 10 inches in
diameter that is powered by an engine and is used to draw up auriferous
material that is then separated in the sluice portion of the unit.

(d) “Flume” means a trough used to convey water.

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

(f) “Rocker box” means a unit constructed of a short trough
attached to curved supports that allow the unit to be rocked from side to
side.

(g) “Sluice box” means a portable unit constructed of a wood or
metal flume or trough equipped with transverse riffles across the bottom
of the unit and that is used to recover heavy mineral sands.

(2) A person commits the crime of mineral trespass if the person
intentionally and without the permission of the claim holder:

(a) Enters a mining claim posted as required in ORS 517.010 or
517.044 and disturbs, removes or attempts to remove any mineral from the
claim site;

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

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

(3) Mineral trespass is a Class C misdemeanor. [1999 c.354 §5]Note: See note under 517.120. (1) As used in this
section, “lawful mining operation” means any small scale mining operation
that is in full compliance with state and federal laws.

(2) A person commits the crime of interfering with a mining
operation if the person intentionally:

(a) Interferes with a lawful mining operation; or

(b) Stops, or causes to be stopped, a lawful mining operation.

(3) Interfering with a mining operation is a Class C misdemeanor.
[1999 c.354 §6]Note: See note under 517.120.(1) ORS 517.128 to 517.133 do not apply to
conduct that would otherwise constitute an offense when it is required or
authorized by law or judicial decree or is performed by a public servant
in the reasonable exercise of official powers, duties or functions.

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

(a) Laws defining duties and functions of public servants;

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

(c) Judgments and orders of courts. [1999 c.354 §7]Note: See note under 517.120.MILLSITES (1)
The proprietor of a vein or lode, or placer claim, or the owner of a
quartz mill or reduction works, may locate not more than five acres of
nonmineral land as a millsite. Such locations shall be made in the same
manner as provided in ORS 517.044 for locating placer claims, except that
no discovery or location work is required. Where a millsite is
appurtenant to a mining claim, either lode or placer, the notice of
location of such millsite shall describe by appropriate reference the
mining claim to which it is appurtenant.

(2) The locator of a millsite shall, within 30 days from the date
of posting a notice thereon, record a copy thereof with the same county
officer. The fee for recording such location notice shall be the fee
provided for in ORS 205.320. Such location notices shall be recorded in
the same manner as location notices of quartz or placer claims but need
have no affidavit of location work attached. [1963 c.123 §1; 1999 c.654
§30]EXTINGUISHING DORMANT MINERAL INTEREST It is in the interest of the State of Oregon to
provide a mechanism for the removal of dormant encumbrances on property
which prevent a landowner from using or developing that property in a
manner which contributes to the economy and increases the state’s tax
base. [1983 c.421 §1] (1)
An owner of land in which another person holds a mineral interest, may
extinguish the holder’s interest by publishing notice and submitting an
affidavit of publication for recording as described in subsections (4) to
(9) of this section, unless:

(a) Within the last 30 years, the holder of the mineral interest
has submitted a statement of claim for recording in the manner set out in
subsection (3) of this section; or

(b) The holder of the mineral interest acquired the mineral
interest within the previous 30 years.

(2) For the purposes of this section:

(a) “Mineral interest” includes any interest that is created by an
instrument transferring, either by grant, assignment, reservation or
otherwise, an interest of any kind in coal, oil, gas or other minerals
and geothermal resources, except an interest vested in the United States,
the State of Oregon or a political subdivision of the State of Oregon. A
mineral interest does not include an interest in sand or gravel.

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

(3) The statement of claim referred to in subsection (1) of this
section shall be submitted for recording in the office of the clerk of
the county in which the land affected by the mineral interest is located
and shall contain:

(a) The name and address of the holder of the mineral interest as
that name is shown in the instrument that created the original mineral
interest; and

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

(4) To extinguish the mineral interest held by another person, and
acquire ownership of that interest, the owner of the land shall publish
notice of the lapse of the mineral interest at least once each week for
three consecutive weeks in a newspaper of general circulation in the
county in which the lands affected by the mineral interest are located.
If the address of the mineral interest holder is known or can be
determined by due diligence, the notice shall also be mailed by the owner
of the land to the holder of the mineral 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 mineral interest, as shown of
record;

(b) A reference to the instrument creating the original mineral
interest, including where it is recorded;

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

(d) The name and address of the person giving the notice;

(e) The date of first publication of the notice; and

(f) A statement that the holder of the mineral interest must submit
a statement of claim to the county clerk within 60 days after the date of
the last publication or the mineral interest of the holder may be
extinguished.

(6) A copy of the notice and an affidavit of publication of the
notice, as described in subsection (7) of this section, shall be
submitted to the county clerk within 15 days after the date of the last
publication of the notice in the office of the clerk of the county where
the lands affected by the mineral interest are located.

(7) The affidavit of publication shall contain either:

(a) A statement that a copy of the notice was mailed to the holder
of the mineral interest and the address to which it was mailed; or

(b) If no copy of the notice was mailed, a detailed description,
including dates, of the efforts made to determine with due diligence the
address of the holder of the mineral interest.

(8) If the owner of the land affected by the mineral interest gives
notice as required in subsection (4) of this section and submits a copy
of the notice and the affidavit of publication for recording as required
by subsection (6) of this section, the mineral interest of the holder
shall be extinguished and become the property of the owner of the lands,
unless the holder of the mineral interest submits a statement of claim to
the county clerk within 60 days after the date of the last publication of
the notice.

(9) Upon receipt, the clerk of the county shall record a statement
of claim or a notice and affidavit of publication of notice in the
Mineral and Mining Record. When possible, the clerk shall also indicate
by marginal notation on the instrument creating the original mineral
interest the recording of the statement of claim or notice and affidavit
of publication of notice. The clerk of the county shall record a
statement of claim by cross-referencing in the Mineral and Mining Record
the name of the current holder of the mineral interest and the name of
the original holder of the mineral interest as set out in the statement
of claim.

(10) The provisions of this section may not be waived at any time.
[1983 c.421 §2; 1997 c.819 §10; 1999 c.654 §31]ASSESSMENT WORK Within 30 days
after the performance of labor or making of improvements, or making
federal fee payments required by law to be annually performed or made
upon any mining claim, the person in whose behalf such labor was
performed or improvement or payment was made, or someone in behalf of the
person, knowing the facts, shall make and have recorded in the Mineral
and Mining Record of the county in which the mining claim is situated, an
affidavit setting forth:

(1) The name of the claim or claims if grouped and a reference to
the record where the location notice of each such claim is recorded.

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

(3) The dates of performing the labor and making the improvements.

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

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

(6) That the federal fee requirements have been met by the owner or
agent and that the owner or agent intends to hold the claim in good
standing for the applicable assessment year. [Amended by 1993 c.443 §1;
1999 c.654 §32] The
affidavit described in ORS 517.210, when so recorded, or a duly certified
copy thereof, is prima facie evidence of the facts therein stated.
Failure to file such affidavit within the prescribed time is prima facie
evidence that such labor has not been done. The fee for recording the
affidavit shall be the fee provided by ORS 205.320. [Amended by 1971
c.621 §34; 1975 c.607 §37; 1979 c.833 §32; 1991 c.230 §29; 1999 c.654 §33] Whenever any
quartz or placer mines are owned by one or more persons, or are owned in
common by any persons, any person owning any legal or equitable interest
in the mines may perform the annual assessment work upon them which is
required by the laws of the United States and Oregon. Such work, when it
complies with said laws, shall protect the mines from relocation. Upon failure of
any coowner of any mine to contribute that coowner’s proportion of
expenditures required in assessment work, or to perform or pay for such
proportion, the coowners who performed or caused to be performed the
labor or assessment work, may, at the expiration of the year for which
the assessment work was performed, give the delinquent coowner notice
that the assessment work for that year has been performed, stating by
whom performed, the amount of work performed and the dates between which
it was performed; together with a statement of the amount due from the
delinquent coowner for the delinquent coowner’s proportion of the work,
and requiring the delinquent coowner, within 90 days from the date of
service of the notice, to pay to the coowners who performed or caused to
be performed such work, the delinquent coowner’s proportion. The notice
shall further state that if the delinquent coowner fails or refuses to
contribute the proportion due for the work, the interest of the
delinquent coowner in the mine will become the property of the coowners
who performed or caused to be performed the assessment work. The notice shall be
in writing and signed by the coowner who performed or caused to be
performed the assessment work. It shall be served upon the delinquent
coowner personally by the sheriff of the county in which the mine is
situated, if the delinquent coowner is within the county. If the
delinquent coowner can be found in any other county, then the notice
shall be served by the sheriff of that county. If the delinquent coowner
cannot be found within the state, or if at the time of giving the notice
the delinquent coowner is without the state, service of the notice shall
be made by publication thereof in the weekly newspaper published in the
county nearest to where the mine is situated. If there are two or more
papers published in the county at the same distance from the mine, the
coowner giving notice may elect in which paper the notice shall be
published. If no weekly newspaper is published within the county, service
of the notice shall be made by publication in any other weekly newspaper
within the state published nearest the mine. The notice shall be
published at least once a week for a period of 90 days after the first
publication. If the notice is
served by any sheriff as provided in ORS 517.250, the sheriff shall make
return by filing the notice with the return showing service with the
county recorder, or if there is none, with the county clerk, for the
county within which the mine is situated. If personal service cannot be
had as provided in ORS 517.250, proof of service shall be made by filing
with the county recorder, or if there is none, with the county clerk of
the county in which the mine is situated, the notice as published,
attached to an affidavit made by the printer, foreman, or publisher of
the newspaper, to the effect that it is of general circulation throughout
the county, is published weekly, and that the notice was published at
least once a week in that newspaper for a period of not less than 90 days
after the first publication of the notice. If at the
expiration of 90 days from the date of personal service of the notice
upon the delinquent coowner or from the date of the last publication of
the notice, the delinquent coowner has not paid the proportion of the
delinquent coowner to the coowners who performed or caused to be
performed the assessment work, the title to the interest of the
delinquent coowner in the mine shall be immediately vested in the
coowners who performed or caused to be performed the assessment work. The coowners who
performed the assessment work may file with the county clerk of the
county where the mine is situated, their affidavits that the payment has
not been made. Upon the filing of such affidavits, the clerk shall record
the notice, proof of service and affidavits in the Mineral and Mining
Record. The clerk shall then and there issue to the coowners who
performed or caused to be performed the assessment work, a certificate to
the effect that the clerk has recorded the notice, proof of service and
affidavits of nonpayment, and that the coowners who performed or caused
to be performed the assessment work have become and are the owners of all
the right, title and interest of the delinquent coowner or coowners of
the property. [Amended by 1991 c.230 §30; 1999 c.654 §34] The certificate described in ORS
517.280 shall not be issued until the coowners entitled to it pay to 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](1) A certificate issued as
provided in ORS 517.280 shall be equivalent to a deed from a delinquent
coowner of all the interest of the delinquent coowner in and to all mines
described in the notice, and shall convey the interest of the delinquent
coowner in the premises to the coowner or coowners who performed or
caused to be performed the assessment work. The certificate may be
introduced in evidence in any cause where ownership of the property may
become material. When so introduced, it shall have the same force and
effect as would a duly executed and delivered deed from the delinquent
coowner.

(2) A certified copy of the certificate, and of the notice and
return, when made and certified to by the county clerk, shall be
admissible in evidence in any trial where it is material to establish
proof of service of the notice or ownership of the property. The
certificate given by the county clerk shall be recorded in the office of
the officer issuing it, upon payment of the fee established under ORS
205.320. The officer shall record and index the certificates in the
Mineral and Mining Record. Such indexing and recording shall have the
same force and effect as the indexing and recording of deeds to other
real property, and shall give like constructive notice. [Amended by 1999
c.654 §35]If prior to the issuing of the certificate there has been filed
with the county clerk an affidavit by the delinquent coowner that the
payment has been made, the clerk shall not issue a certificate, but the
parties shall be left to establish such fact by suit to quiet the title
to the premises. If in the suit it appears either that the assessment
work was not performed by the coowners claiming to have performed it, or
that the delinquent coowner has performed or paid the delinquent
coowner’s proportion of the assessment work, a judgment shall be entered
in the suit to that effect; but if it is established that the assessment
has been performed by or has been caused to be performed by the coowners
so claiming and that the delinquent coowner has not performed or paid the
delinquent coowner’s proportion, a judgment shall be entered providing
that the coowners who performed the assessment work to be the owners of
all the interest of the delinquent coowner in the premises. The judgment
shall be entitled to record in the Mineral and Mining Record kept by the
county clerk in the county, and shall be indexed in the Mineral and
Mining Record for the county. [Amended by 1999 c.654 §36; 2003 c.576 §467]All fees collected under ORS 517.290
and 517.310 are the property of the county in which they are collected,
and shall be accounted for by the officer collecting them as other
recording fees are accounted for.MINING LEASES (1) The lessee of the Department
of State Lands under ORS 273.551 may use down timber found on the
premises for fuel, and may cut and use green timber in the construction
of buildings required in the operation of a mine on the premises, or for
lining test pits or shafts, or for timbering drifts or excavations, or
for other mining purposes, but for no other purpose.

(2) The lessee of the State Forester under ORS 273.551 may use down
timber found on the premises for fuel and may cut and use green timber
for lining test pits or shafts, or for timbering drifts or excavations,
or for other mining purposes, but for no other purpose. [Amended by 1953
c.65 §5]Any lessee, licensee, or
person other than the owner, who operates or works a mine, lode, mining
claim, or deposit yielding metal or mineral of any kind, has custody and
control of whatever metal or mineral may be produced in such operation or
work, as bailee only and not as owner, until the sum due the lessor is
paid and the wages due from such lessee to the lessor or to any worker
who has performed labor under contract of service on, in or about such
mine, lode, mining claim, or deposit are wholly paid.MINERAL EXPLORATION (1) The Legislative Assembly finds
and declares that:

(a) Mineral exploration is recognized as an integral part of the
mineral industry with inherently less risk to the environment than
surface or underground mining operations.

(b) Mineral exploration assists in the orderly identification of
mineral resources in the state.

(c) Mineral exploration activities are recognized as distinct from
operational activities.

(2) The Legislative Assembly, therefore, declares that the purposes
of ORS 517.702 to 517.755, 517.790, 517.810, 517.910 and 517.920 are to
encourage efficient and environmentally sound identification and
development of the mineral resources of this state. [Formerly 517.960](1) Any person engaging in onshore exploration that disturbs
more than one surface acre or involves drilling to greater than 50 feet
shall obtain an exploration permit. Prior to receiving an exploration
permit, an applicant shall submit a permit application on a form provided
by the State Department of Geology and Mineral Industries. Information
required shall include the information necessary to assess impacts of the
proposed exploration, including but not limited to:

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

(b) The names and addresses of the persons conducting the
exploration.

(c) The name and address of any designated agent.

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

(A) The amount of road to be constructed;

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

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

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

(e) Provisions for the reclamation of surface disturbance caused by
exploration activities.

(f) Exploration drill hole or monitoring well abandonment
procedures, including but not 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 proposed exploration and
delineation of exploration boundaries.

(2) Any production records, mineral assessments or trade secrets
submitted as part of the application under subsection (1) of this section
shall be confidential. [Formerly 517.962; 1999 c.492 §11] (1) A fee, not to exceed $400 shall accompany the
application described in ORS 517.705. The State Department of Geology and
Mineral Industries may renew the permit annually on the anniversary date
of the issuance of the permit, provided the person conducting the
exploration is not in violation of any provision of ORS 517.702 to
517.755, 517.790, 517.810, 517.910 and 517.920 and pays a renewal fee not
to exceed $300.

(2) A permit shall be subject to suspension and revocation as
provided by ORS 517.702 to 517.755, 517.790, 517.810, 517.910 and
517.920. [Formerly 517.964] (1) When exploration
will result in less than one acre of surface disturbance or drilling to
50 feet or less, any person conducting exploration is exempted from the
requirements of the permit procedure described in ORS 517.702 to 517.740.
However, nothing in this section exempts a person from the requirements
of ORS chapter 273 or the requirements of other departments.

(2) All mineral exploration drill holes shall comply with the
abandonment procedures specified in ORS 517.705 (1)(f). [Formerly
517.966; 1999 c.492 §12] The provisions of
ORS 517.702 to 517.740 do not apply if the applicant has obtained an
operating permit, described in ORS 517.790, for the area described in the
exploration permit. [Formerly 517.968; 1999 c.492 §13] (1) The State
Department of Geology and Mineral Industries may inspect the exploration
site prior to initiation of exploration to review the existing
environmental conditions, assess impacts of the proposed exploration and
establish the amount of financial assurance required.

(2) The department may inspect lands not later than 60 days
following notification by the person conducting the exploration that
reclamation is complete. If the department determines that the
reclamation complies with the approved reclamation plan, including
establishment of vegetation, the department may release the bond or other
security required by ORS 517.810 within 60 days of that determination.

(3) The department is authorized to inspect any ongoing exploration
site in order to establish compliance with ORS 517.702 to 517.755,
517.790, 517.810, 517.910 and 517.920. [Formerly 517.970] (1) The State
Department of Geology and Mineral Industries shall consult with the Water
Resources Department on the development of rules covering drill hole or
monitoring well abandonment procedures, including procedures for the
abandonment of holes and wells for which no exploration permit is
required in ORS 517.705.

(2) Nothing in ORS 517.702 to 517.755, 517.790, 517.810, 517.910
and 517.920 prohibits the conversion of exploration drill holes or
monitoring wells to water wells, provided that the conversion conforms to
the standards and rules of the Water Resources Department. [Formerly
517.972]The Department of State Lands and the State Department of Geology
and Mineral Industries shall coordinate the regulation of any exploration
project on land administered by the Department of State Lands. [Formerly
517.974] In consultation with the Environmental Quality
Commission, Water Resources Commission and the State Land Board, the
State Department of Geology and Mineral Industries governing board shall
adopt rules to carry out the provisions of ORS 517.702 to 517.755,
517.790, 517.810, 517.910 and 517.920. [Formerly 517.976]RECLAMATION OF MINING LANDS(Generally) As used in ORS
517.702 to 517.989, unless the context requires otherwise:

(1) “Board” means the governing board of the State Department of
Geology and Mineral Industries.

(2) “Completion” means termination of surface mining activities
including reclamation of the surface-mined land in accordance with the
approved reclamation plan and operating permit.

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

(4) “Exploration” means all activities conducted on or beneath the
surface of the earth for the purpose of determining presence, location,
extent, grade or economic viability of a deposit. “Exploration” does not
include prospecting or chemical processing of minerals.

(5) “Explorer” means, notwithstanding the provisions of ORS 517.810
(2), any individual, public or private corporation, political
subdivision, agency, board or department of this state, any municipality,
partnership, association, firm, trust, estate or any other legal entity
whatsoever that is engaged in exploration.

(6) “Landowner” means the person possessing fee title to the
natural mineral deposit being surface mined or explored.

(7) “Minerals” includes soil, coal, clay, stone, sand, gravel,
metallic ore and any other solid material or substance excavated for
commercial, industrial or construction use from natural deposits situated
within or upon lands in this state.

(8) “Operator” means any individual, public or private corporation,
political subdivision, agency, board or department of this state, any
municipality, partnership, association, firm, trust, estate or any other
legal entity whatsoever that is engaged in surface mining operations.

(9) “Overburden” means the soil, rock and similar materials that
lie above natural deposits of minerals.

(10) “Processing” includes, but is not limited to, crushing,
washing, milling and screening as well as the batching and blending of
mineral aggregate into asphalt and portland cement concrete located
within the operating permit area.

(11) “Reclamation” means the employment in a surface mining
operation or exploration of procedures, reasonably designed to minimize
as much as practicable the disruption from the surface mining operation
or exploration and to provide for the rehabilitation of any such surface
resources adversely affected by such surface mining operations or
exploration through the rehabilitation of plant cover, soil stability,
water resources and other measures appropriate to the subsequent
beneficial use of such explored or mined and reclaimed lands.

(12) “Reclamation plan” means a written proposal, submitted to the
department as required by ORS 517.702 to 517.989 and subsequently
approved by the department as provided in ORS 517.702 to 517.989, for the
reclamation of the land area adversely affected by a surface mining
operation or exploration and including, but not limited to the following
information:

(a) Proposed measures to be undertaken by the operator in
protecting the natural resources of adjacent lands.

(b) Proposed measures for the rehabilitation of the explored or
surface-mined lands and the procedures to be applied.

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

(d) The procedures to be applied in the surface mining operation or
exploration in the rehabilitation of affected stream channels and stream
banks to a condition minimizing erosion, sedimentation and other factors
of pollution.

(e) The map required by ORS 517.790 (1)(e) and such other maps and
supporting documents as may be requested by the department.

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

(g) Requirements of the exploration permit.

(13) “Spoil bank” means a deposit of excavated overburden or mining
refuse.

(14)(a) “Surface mining” includes all or any part of the process of
mining minerals by the removal of overburden and the extraction of
natural mineral deposits thereby exposed by any method by which more than
5,000 cubic yards of minerals are extracted or by which at least one acre
of land is affected within a period of 12 consecutive calendar months,
including open-pit mining operations, auger mining operations,
processing, surface impacts of underground mining, production of surface
mining refuse and the construction of adjacent or off-site borrow pits
(except those constructed for use as access roads).

(b) “Surface mining” does not include excavations of sand, gravel,
clay, rock or other similar materials conducted by the landowner or
tenant for the primary purpose of construction, reconstruction or
maintenance of access roads and excavation or grading operations
conducted in the process of farming or cemetery operations, on-site road
construction or other on-site construction, or nonsurface impacts of
underground mines; and also does not include rock, gravel, sand, silt or
other similar substances removed from the beds or banks of any waters of
this state pursuant to permit issued under ORS 196.800 to 196.825 and
196.835 to 196.870.

(15) “Surface mining refuse” means all waste materials, soil, rock,
mineral, liquid, vegetation and other materials resulting from or
displaced by surface mining operations within the operating permit area,
including all waste materials deposited in or upon lands within such
operating permit area.

(16) “Surface impacts of underground mining” means all waste
materials produced by underground mining and placed upon the surface
including, but not limited to, waste dumps, mill tailings, washing plant
fines, and all surface subsidence related to underground mining.

(17) “Underground mining” means all human-made excavations below
the surface of the ground through shafts or adits for the purpose of
exploring for, developing or producing valuable minerals. [1971 c.719 §2;
1975 c.724 §1; 1977 c.59 §1; 1981 c.622 §1; 1983 c.46 §1; 1985 c.292 §2;
1989 c.347 §12; 1999 c.353 §2]Note: Definitions for 517.702 to 517.989 are also found in 517.952.
Notwithstanding the yard and acre limitations of ORS 517.750 (14), as
soon as any mining operation begun after July 1, 1975, affects more than
five acres of land the provisions of ORS 517.702 to 517.989 apply to the
mining operation. [1975 c.724 §1a; 1979 c.435 §3; 1985 c.292 §3; 1985
c.565 §80; 1989 c.347 §13; 1999 c.353 §7]Note: 517.755 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 517 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1) The Legislative Assembly finds and declares
that:

(a) It is the policy of the State of Oregon to recognize the
important and essential contribution that the extraction of minerals
makes to the economic well-being of the state and the nation and to
prevent unacceptable adverse impacts to environmental, scenic,
recreational, social, archaeological and historic resources of the state
that may result from mining operations, while permitting operations that
comply with the provisions set forth in ORS 517.702 to 517.951.

(b) Proper reclamation of surface-mined lands is necessary to
prevent undesirable land and water conditions that would be detrimental
to the general welfare, health, safety and property rights of the
citizens of this state.

(c) Surface mining takes place in diverse areas where the geologic,
topographic, climatic, biological and social conditions are significantly
different and that reclamation operations and the specifications therefor
must vary accordingly.

(d) It is not practical to extract minerals required by our society
without disturbing the surface of the earth and producing waste materials
and that the very character of many types of surface mining operations
precludes complete restoration of the affected lands to their original
condition.

(e) Reclamation of surface-mined lands as provided by ORS 517.702
to 517.951 will allow the mining of valuable minerals in a manner
designed for the protection and subsequent beneficial use of the mined
and reclaimed lands.

(2) The Legislative Assembly, therefore, declares that the purposes
of ORS 517.702 to 517.951 are:

(a) To provide that the usefulness, productivity and scenic values
of all lands and water resources affected by surface mining operations
within this state shall receive the greatest practical degree of
protection and reclamation necessary for their intended subsequent use.

(b) To provide for cooperation between private and governmental
entities in carrying out the purposes of ORS 517.702 to 517.951 and
reclamation of abandoned mined lands that may pose a hazard to public
health, safety or the environment. [1971 c.719 §1; 1985 c.292 §4; 1993
c.342 §1] (1) The following
mining operations are exempt from the reclamation requirements set forth
in ORS 517.702 to 517.989:

(a) Lands within the surfaces and contours of surface mines in
existence on July 1, 1972, or vertical extensions of those surfaces and
contours, provided that the State Department of Geology and Mineral
Industries issues a certificate of exemption to the mining operation on
or before October 31, 2000; and

(b) Lands within the surfaces and contours of surface mining
operations that are owned or operated by a person that, on July 1, 1972,
was a party to a surface mining contract that was valid on January 1,
1971, provided that the department issued a certificate of exemption to
the mining operation on or before September 20, 1985.

(2) A certificate of exemption terminates if the landowner or
operator does not renew the 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]Notwithstanding the provisions of
ORS 517.770:

(1) Any landowner or operator conducting surface mining on July 1,
1972, shall pay the permit fee as provided in ORS 517.800; and

(2) The State Department of Geology and Mineral Industries shall
require the landowner or operator to complete erosion stabilization upon
completion of mining at the limited exempt site. [1971 c.719 §17; 1979
c.435 §4; 1985 c.292 §17; 1987 c.260 §3; 1987 c.361 §2; 1999 c.492 §2](1) The provisions of ORS 517.702 to 517.989 and the
rules and regulations adopted thereunder shall not supersede any zoning
laws or ordinances in effect on July 1, 1972. However, if such zoning
laws or ordinances are repealed on or after July 1, 1972, the provisions
of ORS 517.702 to 517.989 and the rules and regulations adopted
thereunder shall be controlling. The governing board of the State
Department of Geology and Mineral Industries may adopt rules and
regulations with respect to matters presently covered by such zoning laws
and ordinances.

(2) In lieu of the permit required by ORS 517.790, an operator may
conduct surface mining provided such surface mining is done pursuant to a
valid permit issued by the appropriate authority of a city or county in
which the mining is taking place, if such authority has adopted an
ordinance, approved by the board prior to July 1, 1984, requiring
reclamation of land that has been surface mined. If such county ordinance
is repealed on or after July 1, 1984, the provisions of ORS 517.702 to
517.989 and the rules and regulations adopted thereunder shall be
controlling. The board may adopt rules and regulations with respect to
matters presently covered by such zoning laws and ordinances. A county
ordinance adopted for the purpose specified in this subsection may apply
to surface mining within a city in the county if the city consents
thereto. On or after July 1, 1984, surface mining shall be conducted only
pursuant to the permit required under ORS 517.790 in all counties which
have not received approval of an ordinance prior to that date.

(3) City or county operated surface mining operations which sell
less than 5,000 cubic yards of minerals within a period of 12 consecutive
calendar months, are exempt from the state mining permit requirements of
ORS 517.702 to 517.989 if the city or county adopts an ordinance which
shall include a general reclamation scheme establishing the means and
methods of achieving reclamation for city or county operated surface
mining sites exempted from the state permit requirements by this
subsection.

(4) A city or county may determine and collect fees for any
function performed pursuant to subsection (2) of this section. However,
no such fee shall exceed the amounts prescribed in ORS 517.800. A city or
county shall issue a permit for each regulated surface mining activity
within its jurisdiction, and all such permittees are subject to the
payment of any fee charged by the city or county. However, those
activities described in ORS 517.770 are not required to comply with mined
land reclamation plans. City or county fees shall be in lieu of any
surface mining permit fees assessed by the State Department of Geology
(1) The
governing board of the State Department of Geology and Mineral Industries
shall review the implementation of county ordinances adopted pursuant to
ORS 517.780 (2) and may withdraw approval of any such ordinance if the
board finds that:

(a) Implementation of the ordinance by the county fails to comply
with the standards prescribed by ORS 517.702 to 517.989, or any rules
promulgated pursuant thereto; and

(b) The county governing body has been notified of such failure to
comply and has not remedied such failure within a reasonable time
specified by the State Department of Geology and Mineral Industries.

(2) If the board withdraws approval of a county ordinance pursuant
to subsection (1) of this section, surface mining in that county
thereafter may be conducted only in compliance with ORS 517.702 to
517.989. An order of the board withdrawing approval of a county ordinance
is subject to review as provided in ORS chapter 183. [1983 c.20 §3; 1985
c.292 §7; 1987 c.361 §8](1) Except as
otherwise provided by ORS 517.780 (2), after July 1, 1972, no landowner
or operator shall permit or engage in surface mining on land not surface
mined on July 1, 1972, without having first applied for and received an
operating permit from the State Department of Geology and Mineral
Industries for such surface mining operation. A separate permit shall be
required for each separate surface mining operation. Prior to receiving
an operating permit from the department the landowner or operator must
submit an application on a form provided by the department that contains
information considered by the department to be pertinent in its review of
the application, including but not limited to:

(a) The name and address of the landowner and the operator and the
names and addresses of any persons designated by them as their agents for
the service of process.

(b) The materials for which the surface mining operation is to be
conducted.

(c) The type of surface mining to be employed in such operation.

(d) The proposed date for the initiation of such operation.

(e) The size and legal description of the lands that will be
affected by such operation, and, if more than 10 acres of land will be
affected by such operation and if the department considers the conditions
to warrant it, a map of the lands to be surface mined that shall include
the boundaries of the affected lands, topographic details of such lands,
the location and names of all streams, roads, railroads and utility
facilities within or adjacent to such lands, the location of all proposed
access roads to be constructed in conducting such operation and the names
and addresses of the owners of all surface and mineral interests of the
lands included within the surface mining area.

(f) If economically practicable, a plan for visual screening by
vegetation or otherwise that will be established and maintained on the
lands within such operation for the purpose of screening such operation
from the view of persons using adjacent public highways, public parks and
residential areas.

(g) The type of monitoring well abandonment procedures.

(2) The application referred to in subsection (1) of this section
must also contain a proposed reclamation plan that is acceptable to and
approved by the department. [1971 c.719 §4; 1973 c.709 §2; 1987 c.361
§10; 1989 c.347 §10; 1999 c.353 §3]Note: Sections 7 and 8, chapter 34, Oregon Laws 2005, provide:

Sec. 7. (1) The governing board of the State Department of Geology
and Mineral Industries may direct the department to modify the manner in
which the department issues and renews operating permits, other than
operating permits for a chemical process mining operation submitted under
ORS 517.952 to 517.989, by changing the anniversary dates of all
operating permits to the same date.

(2) If the governing board directs the department to change the
anniversary dates of operating permits, the department shall,
notwithstanding ORS 517.800, prorate the fees established in ORS 517.800
for permit renewal based on the number of months remaining on the
existing permit. [2005 c.34 §7]

Sec. 8. Section 7 of this 2005 Act is repealed on January 2, 2008.
(1) The State Department of Geology and Mineral Industries
shall consult with other state agencies as necessary to ensure that rules
developed by the department and those agencies regarding exploration or
monitoring well requirements for sites described under ORS 517.790 do not
conflict.

(2) The department and any other state agencies imposing
requirements for exploration or monitoring wells for sites described
under ORS 517.790 may enter into agreements for the department to act on
behalf of the agencies in informing the landowner or operator of the
requirements and overseeing enforcement of the requirements. [1997 c.184
§1]Note: 517.795 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 517 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. (1)(a) Except for an application for a
chemical process mining operation submitted under ORS 517.952 to 517.989,
each applicant for an operating permit under ORS 517.702 to 517.989 shall
pay to the State Department of Geology and Mineral Industries a fee
established by the State Geologist in an amount not to exceed $1,260.

(b) If an application for a new permit or an amendment to an
existing permit requires extraordinary department resources because of
concerns about slope stability or proximity to waters of the state or
other environmentally sensitive areas, the applicant shall pay to the
department an additional fee in an amount determined by the State
Geologist to be adequate to cover the additional costs for staff and
other related expenses. The State Geologist shall consult with the
applicant when determining the amount of the fee.

(2) Annually, each holder of an operating permit shall pay to the
department a base fee of $635, plus $0.0075 per ton of aggregate or
mineral ore extracted during the previous 12-month period.

(3) If a reclamation plan is changed, the permittee may be assessed
for staff time and other related costs an amount not to exceed $1,260 in
addition to the annual renewal fee.

(4) If, at operator request, the department responds to requests
for information required by a local government in making a land use
planning decision on behalf of the operator for a specific site, the
State Geologist may require the operator to pay the department a fee for
staff time and related costs. The department shall notify the operator in
advance of the estimated costs of providing the information, and the
actual amount assessed shall not exceed the estimate provided by the
department.

(5) The State Geologist may require the operator of a site to pay
to the department a special inspection fee in an amount not to exceed
$200 for an inspection conducted under the following circumstances:

(a) Investigation of surface mining operations conducted without
the operating permit required under ORS 517.790; or

(b) Investigation of surface mining operations conducted outside
the area authorized in an operating permit.

(6) Upon request of an applicant, permittee or operator, the
department shall provide an itemized list and documentation of expenses
used to determine a fee under subsection (1)(b), (3) or (4) of this
section.

(7) Notwithstanding the per ton fee established in subsection (2)
of this section, the governing board of the department may lower to zero
or raise the per ton fee up to $0.0085 if necessary to provide financial
certainty to the department or to reflect actual expenses of the
department in administering ORS 517.702 to 517.951. If the per ton fee
established in subsection (2) of this section is raised by the governing
board, the additional amount of money collected by the department shall
be deposited in the Mined Land Regulation and Reclamation Program
Subaccount within the Geology and Mineral Industries Account.

(8) The governing board of the State Department of Geology and
Mineral Industries:

(a) Shall adopt by rule a procedure for the administrative review
of the determinations of fees under this section.

(b) Shall adopt rules establishing the payment date for annual fees
required under this section.

(c) May adopt rules establishing a late fee of up to five percent
of the unpaid amount of an annual fee owed under this section if the
annual fee is more than 60 days 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](1) Before issuing or reissuing an operating
permit for any surface mining operation or issuing or reissuing an
exploration permit for any exploration activity, the State Department of
Geology and Mineral Industries shall require that the applicant for the
permit file with it a bond or security acceptable to the department in a
sum to be determined by the department but in an amount not to exceed the
total cost for reclamation if the department were to perform the
reclamation. The decision of the department may be appealed to the
governing board of the State Department of Geology and Mineral Industries
as provided in ORS chapter 183. The bond or security shall be conditioned
upon the faithful performance of the reclamation plan and of the other
requirements of ORS 517.702 to 517.989 and the rules adopted thereunder.

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

(3) In lieu of the bond or other security required of the applicant
in subsection (1) of this section, the department may accept a similar
security from the landowner, equal to the estimated cost of reclamation
as determined by the department in consultation with the operator or
explorer. The decision of the department may be appealed to the governing
board as provided in ORS chapter 183.

(4) In lieu of the bond required by subsection (1) of this section,
the department may accept a blanket bond covering two or more surface
mining sites or exploration projects operated by a single company, owned
by a single landowner or operated by all members of an established trade
association, in an amount, established by the department, not to exceed
the amount of the bonds that would be required for separate sites.

(5) The governing board shall identify by rule the procedures for
the determination of the amount of the bond or other security required of
an applicant for an operating permit or exploration permit. The rules:

(a) Shall provide an opportunity for participation by the applicant
as part of the procedures; and

(b) May allow for the amount of the bond to be calculated and
adjusted based upon the total area expected to be in a disturbed
condition in the following year as a result of the surface mining or
exploration operation. [1971 c.719 §8; 1975 c.724 §4; 1979 c.435 §5; 1983
c.497 §1; 1985 c.291 §1a; 1985 c.292 §9; 1987 c.361 §5; 1989 c.347 §11;
1999 c.492 §3; 2005 c.34 §6] (1)
The State Department of Geology and Mineral Industries may establish and
administer a program that provides for the pooling of reclamation bonds
to assist:

(a) An operator in complying with the reclamation bond requirements
of ORS 517.810;

(b) A person engaging in small mining operations or small
exploration projects on federally managed lands to comply with financial
guarantee requirements imposed by the Federal Land Policy and Management
Act of 1976 (P.L. 94-579) or regulations adopted to implement the Act
under 43 U.S.C. 1740; or

(c) A person engaging in any form of mining or exploration to
comply with bonding requirements imposed pursuant to county ordinance.

(2) The program must:

(a) Be designed to reduce the financial burden of obtaining a
reclamation bond for mining or exploration.

(b) Require each person participating in the program to:

(A) Pay an amount into the pool each year that is actuarially
determined to enable the program to be self-sustaining and pay for the
costs of the department in administering the program;

(B) Execute an agreement, on a form provided by the department, to
indemnify the pool for any claims made against the reclamation bond; and

(C) Provide security approved by the State Geologist, if the State
Geologist considers security necessary to ensure against the possible
forfeiture of the reclamation bond.

(c) Use the moneys in the pool to cover the bonded liability of
persons participating in the program.

(d) Provide a limit on the total bonded liability of any person
that may be covered under the program.

(e) Provide conditions for the release or forfeiture of bonds.

(f) Provide that a person that participates in the program has
obtained security acceptable to the department as required by ORS 517.810.

(3) The department may adopt rules relating to the development and
administration of the program established under this section. [2003 c.646
§2]Note: 517.815 was added to and made a part of 517.702 to 517.989 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) Upon good cause shown, the State Department of Geology and
Mineral Industries may grant reasonable extensions of time for the
completion by the landowner or operator and the submission to the
department of a proposed reclamation plan required by ORS 517.790 (2).
Each reclamation plan submitted to the department must provide that all
reclamation activities shall be completed within three years after the
termination of mineral extraction from the surface mining operation
conducted within each separate area for which an operating permit is
requested. Each such reclamation plan shall be approved by the department
if it adequately provides for the reclamation of surface-mined lands.

(2) The department, prior to approving a proposed reclamation plan,
shall consult with all other interested state agencies and appropriate
local planning authorities. [1971 c.719 §5; 1977 c.59 §2](1) Except as provided in
subsection (3)(a) and (b) of this section, upon receipt of an application
for an operating permit, the State Department of Geology and Mineral
Industries shall cause the operating site described therein to be
inspected. Within 45 days after the date on which such application is
received and upon receipt of the required permit fee, the department
shall issue the operating permit applied for or, if it considers such
application incomplete, return the application to the applicant for
correction of the deficiencies indicated by the department.

(2) Failure by the department to act upon the reclamation plan
submitted with an application for an operating permit within the 45-day
period referred to in subsection (1) of this section shall not be
considered a denial by the department of the operating permit applied
for. The department, pending final approval of a reclamation plan, may
issue a provisional permit subject to reasonable limitations that may be
prescribed by the department and conditioned upon the applicant’s
compliance with the bond and security requirements established by ORS
517.810.

(3)(a) Notwithstanding the provisions of subsections (1) and (2) of
this section, if an application involves an aggregate site that requires
a permit issued pursuant to ORS 215.427 or 227.178, and if the local
jurisdiction requests that the application not be decided until the local
jurisdiction has taken final action, the department shall make a final
decision on the operating permit and reclamation plan no later than 165
days after the date a complete land use application is submitted to the
local jurisdiction, unless the applicant agrees to allow additional time
under ORS 215.427, 215.429, 227.178 or 227.179. If a plan amendment is
required as part of issuance of a permit, the provisions of paragraph (b)
of this subsection apply. The department shall not approve an operating
permit and reclamation plan if the land use application is denied.

(b) Notwithstanding the provisions of subsections (1) and (2) of
this section, if an application involves an aggregate site that requires
a comprehensive plan amendment, and if the local jurisdiction requests
that the application not be decided until the local jurisdiction has
taken final action on the plan amendment, the department shall not make a
final decision on the operating permit and reclamation plan until the
local jurisdiction has taken final action on the plan amendment. The
department shall make its final decision within 45 days of the date that
the local jurisdiction has taken final action on the plan amendment. The
department shall not approve an operating permit and reclamation plan if
the plan amendment is denied.

(c) Conditions and requirements imposed on an operating permit and
reclamation plan, and modifications thereto, issued subsequent to
issuance of a local jurisdiction permit shall be compatible with the
requirements and conditions of the local government permit, unless more
stringent requirements are necessary to comply with the provisions of ORS
517.750 to 517.901.

(d) If a local jurisdiction does not request that the department
delay a decision on an operating permit and reclamation plan as provided
in paragraphs (a) and (b) of this subsection, the department shall give
the local jurisdiction the opportunity to review and comment on the
application, and shall notify the local jurisdiction of the decision and
requirements and conditions imposed by the department.

(4) If the department refuses to approve a reclamation plan in the
form submitted by the applicant, it shall notify the applicant, in
writing, of its reasons for the refusal to approve such reclamation plan,
including additional requirements as may be prescribed by the department
for inclusion in such reclamation plan. Within 60 days after the receipt
of such notice, the applicant shall comply with the additional
requirements prescribed by the department for such reclamation plan or
file with the department a notice of appeal from the decision of the
department with respect to such reclamation plan. If a notice of appeal
is filed with the department by the applicant, the department may issue a
provisional permit to such applicant.

(5) An operating permit issued by the department under this section
shall be granted for the period required to mine the land described in
such permit and shall be valid, subject to payment of the renewal fee,
until the surface mining operation described in the operating permit is
completed or mining operations cease and the site is reclaimed. Each such
operating permit shall provide that the operating permit and the
reclamation plan described therein may be modified upon agreement between
the department and the permittee to change the reclamation plan included
within the operating permit. In addition, for operating permits first
issued or expanded after October 23, 1999, the department may modify an
operating permit and reclamation plan as necessary to address new
information or changed conditions for site conditions that will result in
substantial harm to off-site public or private property and that relate
to slope stability, surface mining activities that will result in a
taking of endangered species or channel changes that threaten pit wall
stability. Upon a determination that the activity will result in
substantial harm, the department shall meet with the permittee to discuss
the proposed modifications to the operating permit and reclamation plan.
A final determination by the department to require a unilateral
modification of an operating permit and reclamation plan shall be based
on clear and convincing scientific evidence. Any modification required by
the department shall be limited to those areas and matters affected by
the new information or changed conditions.

(6) The department may not require a unilateral modification of an
operating permit and reclamation plan under subsection (5) of this
section without first providing the permittee an opportunity for an
alternative means of dispute resolution as authorized by ORS 183.502.

(7) When a person succeeds to the interest of a permittee in any
uncompleted surface mining operation by sale, assignment, lease or other
means, the department shall release the permittee from the duties imposed
upon the permittee under the operating permit if a successor assumes
fully the duties of the former permittee with respect to the reclamation
of the surface-mined lands. Upon the assumption by such person of the
duties of the permittee as provided in this subsection, the department
shall transfer the operating permit to the successor upon the approval of
such successor’s bond or security as required under ORS 517.702 to
517.989.

(8) If an application is submitted as part of the consolidated
application process under ORS 517.952 to 517.989, review of the
application and approval or denial of the application shall be in
accordance with ORS 517.952 to 517.989. However, such review and approval
or denial shall take into consideration all policy considerations for
issuing a permit under 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] (1) Notwithstanding ORS
517.810 and 517.830, the State Department of Geology and Mineral
Industries may issue an emergency operating permit if:

(a) A natural disaster, including but not limited to a flood or an
earthquake, or the effects of a natural disaster threaten significant
damage to property or to natural resources; and

(b) A surface mining operation is necessary to abate the threat.

(2) The governing board of the department shall adopt rules
governing the issuance of emergency operating permits. The rules shall
include provisions:

(a) Ensuring that emergency operating permits are not issued over
the objection of affected federal agencies or public bodies, as defined
in ORS 174.109;

(b) Specifying the terms of an emergency operating permit;

(c) Establishing procedures for converting an emergency operating
permit to a standard operating permit; and

(d) Establishing procedures for payment of fees under ORS 517.800.
[2005 c.34 §3] (1) Notwithstanding ORS
517.810 and 517.830, the State Department of Geology and Mineral
Industries may issue a temporary operating permit to a person if:

(a) After consultation, the local jurisdiction with land use
authority over the permitted site does not raise substantive objections
to the issuance of the permit;

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

(c) There is no objection from persons owning property adjacent to
the permitted site.

(2) A temporary operating permit issued under this section is
subject to reasonable limitations that may be prescribed by the
department.

(3) Within 30 days after issuing the temporary operating permit,
the operator shall:

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

(b) Pay any applicable fee pursuant to ORS 517.800; and

(c) Submit a reclamation plan to the department.

(4) The governing board of the department shall adopt rules
governing the issuance of temporary operating permits. The rules shall
include provisions:

(a) Ensuring opportunities for notice and comment by federal
agencies;

(b) Specifying the terms of a temporary operating permit; and

(c) Establishing procedures for converting a temporary operating
permit to a standard operating permit. [2005 c.34 §4](1) Notwithstanding ORS 517.830 (5), the
State Department of Geology and Mineral Industries may require conditions
on any new or existing surface mining operating permit or reclamation
plan sufficient to prevent or mitigate off-site impacts to ground water
resources from the removal of water from surface mining operations. The
department may include ground water monitoring as one of the conditions.

(2) The department shall consult with the permittee and the Water
Resources Department in assessing off-site impacts and in developing
prevention or mitigation measures prior to imposing any conditions on an
operating permit or reclamation plan pursuant to this section. [2003
c.470 §2]Note: 517.835 was added to and made a part of 517.702 to 517.989 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation. A person holding an
operating permit issued pursuant to ORS 517.830 shall, no later than
March 31 of each year, file an annual report with the State Department of
Geology and Mineral Industries. The governing board of the department
shall adopt rules describing the information relating to the permit and
operations under the permit that must be included in the annual report.
[2005 c.34 §2]

(a) May conduct or cause to be conducted investigations, research,
experiments and demonstrations and may collect and disseminate
information related to surface mining and the reclamation of
surface-mined lands.

(b) May cooperate with other governmental and private agencies of
this state or of other states and with agencies of the federal
government, including the reimbursement for any services provided by such
agencies to the State Department of Geology and Mineral Industries at its
request.

(c) May apply for, accept and expend public and private funds made
available for the reclamation of lands affected by surface mining in
accordance with the purposes of ORS 517.702 to 517.989.

(d) May, in accordance with the applicable provisions of ORS
chapter 183, adopt rules considered by the board to be necessary in
carrying out the provisions of ORS 517.702 to 517.989. However, such
rules shall be subject to existing rights under any permit, license,
lease or other valid authorization granted or issued by a governmental
entity.

(e) Shall establish by rule a program to encourage voluntary
reclamation practices that exceed the normal reclamation standards to
provide maximum enhancement and benefits from mined lands. The program
shall include incentives and other actions that will encourage voluntary
reclamation practices.

(f) May receive and manage abandoned mined land funds received for
abandoned mined land reclamation from the federal government.

(2) Not later than one year after October 3, 1989, the board, after
consultation with the Department of Environmental Quality, shall identify
initially those naturally occurring hazardous or toxic metals and
minerals which, if present in sufficient concentrations at a surface
mining site, subject the permittee to the increased bond or security
requirements of ORS 517.950. The metals and minerals shall include, but
need not be limited to, arsenic, mercury, lead, uranium and asbestos.
[1971 c.719 §3; 1985 c.292 §11; 1989 c.461 §1; 1993 c.342 §2; 1995 c.509
§2] At such reasonable times as the
State Department of Geology and Mineral Industries may elect, the
department, after reasonable advance notice has been given to the
permittee, may cause the permit area to be inspected to determine if the
permittee has complied with the operating permit, reclamation plan, this
chapter and the rules of the department. [1971 c.719 §9; 1997 c.183 §2](1) Any portion of a mining property that is preserved from
mining, including, but not limited to, a setback, buffer zone or
no-impact area, may be excavated, reduced, added to, elevated, reshaped,
contoured, graded or otherwise disrupted for the purpose of facilitating
the reclamation of the mined area or integrating the reclaimed area with
its surroundings.

(2) Subsection (1) of this section does not permit the removal for
profit of any valuable mineral. [1997 c.186 §2]Note: 517.855 was added to and made a part of 517.702 to 517.989 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.(1) If from inspections
conducted pursuant to ORS 517.850, or from any other source the State
Department of Geology and Mineral Industries determines that the
permittee has not complied with or is not complying with the operating
permit, reclamation plan, this chapter or the rules of the department,
the department may issue written notice of the violation to the
permittee, specifically outlining the deficiencies. The notice may
specify a period during which the permittee shall commence action to
rectify those deficiencies and diligently proceed with such action until
all deficiencies are corrected. The notice may include a date by which
all deficiencies must be corrected. However, the department may extend
performance periods for delays occasioned for causes beyond the
permittee’s control, but only when the permittee is, in the opinion of
the department, making a reasonable effort to comply.

(2) The department may issue an order requiring compliance with the
operating permit, reclamation plan, this chapter or the rules of the
department, or the department may recover against the bond or alternative
form of financial security and reclaim the area affected by surface
mining if the department determines that:

(a) A permittee has failed to comply with a department notice
issued under subsection (1) of this section;

(b) A permittee fails to complete reclamation in conformance with
the reclamation plan on any segment of the permit area or fails to
complete reclamation in a timely manner; or

(c) A permittee fails to maintain an operating permit and pay all
fees required under ORS 517.800.

(3) The surety on the bond or holder of the other security shall
pay the amount of the bond or other security required for such completion
to the department upon the department’s demand under subsection (2) of
this section. The department may reclaim the surface-mined land in a
manner determined by the department including by public or private
contractor. If the amount specified in the demand is not paid within 30
days following such demand the Attorney General, upon request of the
department, shall institute proceedings to recover the amount specified
in the demand.

(4) If the landowner has given security as provided in ORS 517.810
(3) and the permittee is in default as specified in subsection (2) of
this section, the landowner shall be held responsible for complying with
the reclamation plan of the permittee. The department shall furnish
written notice of the default to the landowner and require the landowner
to complete the reclamation as specified in the permittee’s reclamation
plan acceptable to the department. If the landowner has not commenced
action to rectify the deficiencies within 30 days after receiving notice,
or if the landowner fails to diligently pursue reclamation in conformance
with the plan, the department may demand payment of the amount of the
bond or other security from the surety or other holder and otherwise
proceed as provided in subsection (2) of this section, including
requesting the Attorney General to institute proceedings to recover the
amount specified in the demand.

(5) The department, in performing reclamation of surface-mined
land, shall pursue a goal for reclamation designed to be at the level
necessary to:

(a) Remove hazards;

(b) Protect from drainage problems and pollution;

(c) Meet local land use requirements for reclamation; and

(d) Comply with all federal and state laws.

(6) The department may refuse to issue or renew an operating permit
to any person if the department determines that the person has not
substantially complied with an operating permit, a reclamation plan, the
provisions of this chapter or rules adopted by the department pursuant to
this chapter. [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](1) If a permittee fails to
faithfully perform the reclamation required by the reclamation plan and
if the bond or security required by ORS 517.810 is not sufficient to
compensate the State Department of Geology and Mineral Industries for all
reasonably necessary costs and expenses incurred by it in reclaiming the
surface-mined land, the amount due shall be a lien in favor of the
department upon all property, whether real or personal, belonging to the
permittee. However, for any permittee which is first issued a permit
after June 30, 1989, the lien shall not exceed $2,500 for each site plus
$1,500 per acre.

(2) The lien shall attach upon the filing of a notice of claim of
lien with the county clerk of the county in which the property is
located. The notice of lien claim shall contain a true statement of the
demand, the insufficiency of the bond or security to compensate the
department and the failure of the permittee to perform the reclamation
required.

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

(4) The lien created by this section may be foreclosed by a suit in
the circuit court in the manner provided by law for the foreclosure of
other liens on real or personal property. [1975 c.724 §8; 1983 c.497 §3;
1985 c.291 §4; 1987 c.361 §7; 1999 c.492 §6]Upon request of the
permittee, and when in the judgment of the State Department of Geology
and Mineral Industries the reclamation has been completed in accordance
with the reclamation plan, the permittee shall be notified that the work
has been found to be satisfactorily performed and is acceptable and the
bond or security of the permittee shall be adjusted accordingly. [1971
c.719 §11; 1999 c.492 §7](1) When the State
Department of Geology and Mineral Industries finds that an operator is
conducting a surface mining operation for which an operating permit is
required by ORS 517.702 to 517.989, but has not been issued by the
department under the provisions of ORS 517.702 to 517.989 or by the rules
adopted under ORS 517.702 to 517.989, the department may order the
operator to suspend such operation until an operating permit has been
issued by the department for such surface mining operation or until such
time as the department is assured that such operator will comply with the
requirement to obtain a permit.

(2) The department may order an operator to suspend operations if
the operator has not complied with or is not complying with the operating
permit, reclamation plan, this chapter or rules of the department.

(3) If the operator fails or refuses to comply with a suspension
order, the Attorney General at the request of the department shall
initiate any necessary legal proceeding to enjoin such surface mining
operation and to provide for the completion of the reclamation of the
lands affected by such operation. [1971 c.719 §12; 1985 c.292 §12; 1997
c.183 §3] Any final determinations
made by the State Department of Geology and Mineral Industries in
carrying out the provisions of ORS 517.702 to 517.989 and the rules and
regulations adopted thereunder may be reviewed in the manner provided by
the applicable provisions of ORS chapter 183. [1971 c.719 §13; 1985 c.292
§13; 1999 c.492 §8]Any production records, mineral assessments and trade
secrets submitted by a mine operator or landowner to the State Department
of Geology and Mineral Industries shall be confidential. [1999 c.492 §10
(enacted in lieu of 517.900)](Nonaggregate Mineral Surface Mines) For the purposes of
ORS 517.910 to 517.989:

(1) Notwithstanding ORS 517.750 (11), “reclamation” means the
employment in a surface mining operation of procedures reasonably
designed to minimize as much as practicable the disruption from the
surface mining operation or surface mining processing operation,
including cyanide leaching or any other chemical leaching processing at a
processing site removed from the mining site and to provide for the
rehabilitation of any such surface resources through the use of plant
cover, soil stability techniques, and through the use of measures to
protect the surface and subsurface water resources, including but not
limited to domestic water use and agricultural water use, and other
measures appropriate to the subsequent beneficial use of any land or
water resource affected by a surface mining or processing operation.

(2) “Nonaggregate minerals” means coal and metal-bearing ores,
including but not limited to ores that contain nickel, cobalt, lead,
zinc, gold, molybdenum, uranium, silver, aluminum, chrome, copper or
mercury. [1981 c.622 §3; 1987 c.158 §113; 1987 c.693 §5; 1989 c.347 §14;
1999 c.353 §8](1) In
addition to any other provision of law, the State Department of Geology
and Mineral Industries shall not issue an operating permit until:

(a) The department has received a reclamation plan that contains
but is not limited to:

(A) A description of the proposed mining operation;

(B) A description of what is to be mined;

(C) The present use of the land, the planned subsequent beneficial
use of the land and a list of plant species to be established;

(D) The measures that will adequately conserve the quantity and
quality of the affected aquifers;

(E) A description of any toxic or radioactive materials known to be
present in the ore, spoil, tailings, overburden or any other material
involved in the mining operation and their approximate concentrations;

(F) A description of how the materials described in subparagraph
(E) of this paragraph will be handled during mining and reclamation;

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

(H) The name and address of the landowner, the owner of the surface
estate, the operator and any parent corporations of the operator.

(b) The department has received a performance bond as it may
require.

(c) The department finds that reclamation is possible and that the
reclamation plan as approved will achieve the reclamation of affected
lands.

(2) The reclamation plan, minus proprietary information, is a
public document.

(3) If the department finds that reclamation cannot be
accomplished, it shall not issue an operating permit.

(4) The department shall obtain, whenever possible, a list of plant
species suitable for reseeding in the area pursuant to a reclamation plan
and comments on the feasibility of permanent revegetation from the soil
and water conservation district in which the mined land is situated.

(5) The department shall consult with the soil and water
conservation district in which the mined land is situated regarding the
feasibility of reclamation, with particular attention to possible impacts
on ground water aquifers. [1981 c.622 §§4,5,9; 1985 c.292 §18; 1987 c.361
§3] (1)
Each application for an operating permit under ORS 517.910 to 517.989 or
exploration permit under this section and ORS 517.702 to 517.755,
517.790, 517.810 and 517.910 shall be accompanied by a fee sufficient to
cover the costs of the State Department of Geology and Mineral Industries
in processing the application and monitoring compliance as determined by
the department.

(2) If the application is for a chemical process mine, the
application shall be accompanied by an additional fee at each stage of
the process sufficient to cover the costs of the department in
maintaining a regulatory permit program that allows for the extraction
and processing of metals. [1981 c.622 §8; 1989 c.347 §15; 1989 c.461 §2;
1991 c.735 §30] The State
Department of Geology and Mineral Industries shall have 120 days to act
upon a completed permit application. [1981 c.622 §6](1) Notwithstanding ORS 517.850, if
the State Department of Geology and Mineral Industries has reason to
believe that the provisions of an operating permit are being violated or
that a surface mining operation is being conducted without a valid
operating permit, it may inspect such surface mining areas without prior
notice.

(2) In addition to the department’s authority to inspect under ORS
517.850 and subsection (1) of this section, for a chemical process mine
operating under a permit issued under ORS 517.952 to 517.989, a
cooperating agency also may inspect the mining operation to assure that
the permittee is complying with conditions imposed on the operating
permit by the cooperating agency under ORS 517.982 (2). [1981 c.622 §7;
1991 c.735 §31]Notwithstanding ORS 517.865, for the
purposes of ORS 517.910 to 517.989 the amount due on the lien under ORS
517.865 (1) shall not exceed $10,000 per acre. [1981 c.622 §12] Notwithstanding ORS
517.860, for the purposes of ORS 517.910 to 517.989 the expenditure by
the State Department of Geology and Mineral Industries for reclamation
not completed by the permittee shall not exceed $10,000 per acre. [1981
c.622 §11; 1985 c.291 §5](1) Notwithstanding ORS 517.810, for the purposes of ORS 517.905
to 517.951 the bond or security deposit required shall not exceed $10,000
per acre of land to be surface mined under the terms of the operating
permit.

(2) The State Department of Geology and Mineral Industries may
increase the amount of the bond or security required under subsection (1)
of this section to an amount not to exceed the lower of actual cost of
reclamation or $100,000 per acre of land to be mined under the terms of
the operating permit if the operating permit applies to extraction,
processing or beneficiation techniques the result of which:

(a) Will increase the concentration of naturally occurring
hazardous or toxic metals and minerals identified by the governing board
of the State Department of Geology and Mineral Industries under ORS
517.840 to a significantly higher level than that occurring naturally
within the permit area; and

(b) Is reasonably likely to present a threat to public health,
safety or the environment.

(3) The increased bond or security deposit under subsection (2) of
this section may be required only when the department determines that a
threat to surface or subsurface waters is reasonably likely to exist as a
result of the permitted activity. [1981 c.622 §10; 1985 c.292 §15; 1989
c.461 §3; 1995 c.79 §298]
The Legislative Assembly declares that ORS 517.910 to 517.989 are not
intended to provide the legal basis for assumption by the State of Oregon
of exclusive jurisdiction over the environmental regulation of surface
coal mining and reclamation operations described in section 503 of the
Federal Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1253). [Formerly 517.955]Note: 517.951 was added to and made a part of 517.702 to 517.989 by
legislative action but was not added to any smaller series therein. See
Preface to Oregon Revised Statutes for further explanation.CHEMICAL PROCESS MINING(Generally) As used in ORS
517.702 to 517.989:

(1) “Affected agency” includes permitting agencies, cooperating
agencies and commenting agencies.

(2) “Baseline data” means information gathered to characterize the
natural and cultural environments of a mining operation site before a
mining operation begins.

(3) “Chemical process mine” means a mining and processing operation
for metal-bearing ores that uses chemicals to dissolve metals from ore.

(4) “Commenting agency” means any agency that makes recommendations
to the State Department of Geology and Mineral Industries or to a
permitting agency regarding permit conditions or whether to approve or
deny a permit under the consolidated application process established
under ORS 517.952 to 517.989.

(5) “Consolidated application” means the single application
required under ORS 517.971.

(6) “Cooperating agency” means an agency that has statutory
responsibility related to a chemical process mine but that does not issue
a permit for the mining operation.

(7) “Environmental evaluation” means an analysis prepared under ORS
517.979 to address specific impacts of the chemical process mine
operation to allow affected agencies to develop permit conditions.

(8) “Mitigation” means the reduction of adverse effects of a
proposed chemical process mining operation by considering, in the
following order:

(a) Avoiding the impact altogether by not taking a certain action
or parts of an action;

(b) Minimizing impacts by limiting the degree or magnitude of the
action and its implementation;

(c) Rectifying the impact by repairing, rehabilitating or restoring
the affected environment;

(d) Reducing or eliminating the impact over time by preservation
and maintenance operations during the life of the action by monitoring
and taking appropriate corrective measures; or

(e) Compensating for the impact by replacing or providing
comparable substitute resources or environments.

(9) “Permitting agency” means an agency that has a separate
permitting authority for a proposed chemical process mine.

(10) “Person” means any individual, partnership, corporation,
association, public interest organization, the State of Oregon or any
political subdivision, board, agency or commission of the State of Oregon.

(11) “Project coordinating committee” means the interagency
governmental committee established in accordance with ORS 517.965.

(12) “Technical review team” means the interagency group
established in accordance with ORS 517.967. [1991 c.735 §3]Note: Definitions for 517.702 to 517.989 are also found in 517.750. Notwithstanding the policy set forth in ORS
517.760, the Legislative Assembly finds and declares that it is the
policy of the State of Oregon to protect the environmental, scenic,
recreational, social, archaeological and historic resources of this state
from unacceptable adverse impacts that may result from chemical process
mining operations, while permitting operations that comply with the
provisions set forth in ORS 517.952 to 517.989 and assure the protection
of the public health, safety, welfare and the environment. [1991 c.735 §2] Any
chemical process mining operation in Oregon shall comply with the
following standards:

(1) Chemical process mining, including extraction, processing and
reclamation, shall be undertaken in a manner that minimizes environmental
damage through the use of the best available, practicable and necessary
technology to ensure compliance with environmental standards.

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

(a) Protective measures to maintain an objective of zero wildlife
mortality. All chemical processing solutions and associated waste water
shall be covered or contained to preclude access by wildlife or
maintained in a condition that is not harmful to wildlife.

(b) On-site and off-site mitigation ensuring that there is no
overall net loss of habitat value.

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

(d) Fish and wildlife mortality shall be reported in accordance
with a monitoring and reporting plan approved by the State Department of
Fish and Wildlife.

(e) The State Department of Fish and Wildlife shall establish by
rule standards for review of a proposed chemical process mining operation
for the purpose of developing conditions for fish and wildlife habitat
protection that satisfy the terms of this section for inclusion in a
consolidated permit by the State Department of Geology and Mineral
Industries.

(3) Surface reclamation of a chemical process mine site shall:

(a) Ensure protection of human health and safety, as well as that
of livestock, fish and wildlife;

(b) Ensure environmental protection;

(c) Require certification to the permittee, by the State Department
of Fish and Wildlife and the State Department of Agriculture, that a
self-sustaining ecosystem, comparable to undamaged ecosystems in the
area, has been established in satisfaction of the permittee’s habitat
restoration obligations; and

(d) Include backfilling or partial backfilling as determined on a
case-by-case basis by the State Department of Geology and Mineral
Industries when necessary to achieve reclamation objectives that cannot
be achieved through other mitigation activities. [1991 c.735 §4; 2003
c.14 §341]
The State Department of Geology and Mineral Industries shall coordinate
the activities of the affected agencies related to the consolidated
application process established under ORS 517.952 to 517.989. [1991 c.735
§5] Any person
proposing to conduct a chemical process mining operation shall comply
with the requirements for the preapplication process set forth in ORS
517.961 to 517.969. The purpose of such process shall be to identify
significant issues to be addressed in the consolidated application
process set forth in ORS 517.971 to 517.987. [1991 c.735 §6] (1)
Whenever required in ORS 517.952 to 517.989, public notice shall include
information sufficient to inform the public of the proposed activity or
event and shall include:

(a) Notification to all permitting and cooperating agencies.

(b) Notice by mail to each owner of property located within
one-half mile of the perimeter of the proposed site of the mining
operation. As used in this paragraph, “owner” means the owner of the
title to real property or the contract purchaser of real property of
record as shown on the last available complete tax assessment roll.

(c) Notice by mail to persons on the master list.

(d) Notice by mail to mineral claimants for claims located within
one-half mile of the proposed chemical process mining operation or as
otherwise required by rule of a permitting or cooperating agency.

(e) Notice by publication in a newspaper of general circulation in
the state and in a local newspaper of general circulation in the county
or counties in which the proposed chemical process mining operation is
located. Notice by publication shall be given at least once each week for
two weeks immediately preceding the action.

(2) The notice provided pursuant to this section shall satisfy any
notice requirement of an individual permitting or cooperating agency
related to a permit included in the consolidated application process
established under ORS 517.952 to 517.989.

(3) As used in this section, “master list” means a consolidated
list of all interested parties compiled by the State Department of
Geology and Mineral Industries and each permitting and cooperating agency
and maintained by the department. Any person may request in writing that
the State Department of Geology and Mineral Industries add the person’s
name to the agency master list. The State Department of Geology and
Mineral Industries may establish a procedure for establishing and
maintaining an agency master list, and the governing board of the
department may establish a fee to be paid by a person requesting to be
added to the master list. The fee shall be sufficient to defray the
department’s costs of mailing notices to persons on the master list and
maintaining the master list. [1991 c.735 §7]
A prospective applicant for a permit to operate a chemical process mining
operation shall file with the State Department of Geology and Mineral
Industries a notice of intent to submit an application and post copies of
the notice along the perimeter of the location of the proposed operation.
The posting shall be sufficient to inform the public of the intended
action and a legal description of the proposed mining operation location
and shall comply with requirements adopted by rule by the governing board
of the department. [1991 c.735 §8] Upon
receipt of a notice of intent under ORS 517.961, the State Department of
Geology and Mineral Industries shall:

(1) Provide notice as required under ORS 517.959. The notice shall
be sufficient to inform the public of the nature, size and location of
the proposed chemical process mining operation.

(2) Activate a project coordinating committee for the proposed
mining operation and coordinate the participation of federal agencies,
affected agencies, local government agencies and the prospective
applicant in the activities of the project coordinating committee.

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

(4) Identify to the prospective applicant all permitting and
cooperating agencies that will be participating in the consolidated
application process. [1991 c.735 §9] A project coordinating
committee shall be composed of representatives from the State Department
of Geology and Mineral Industries, all permitting and cooperating
agencies, local government agencies and affected federal agencies. Each
permitting and cooperating agency shall designate an appropriate staff
member to the committee. The project coordinating committee shall share
information and coordinate county, state and federal permitting
requirements in order to avoid contradictory requirements, facilitate the
exchange of ideas, optimize communication and avoid duplicative effort.
If a chemical process mine is proposed on federal land, the project
coordinating committee shall work with the affected federal agency in
accordance with a memorandum of agreement established by the department
and the federal agency to facilitate the state and federal application
process and to coordinate the two processes to the fullest extent
possible. In carrying out its responsibilities, the project coordinating
committee shall include opportunities for public participation. [1991
c.735 §10] (1) A technical review team shall be
composed of representatives from the State Department of Geology and
Mineral Industries and each permitting agency and cooperating agency. The
technical review team shall:

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

(b) Coordinate with the applicant the use of baseline data
collection methodologies as approved by the permitting and cooperating
agencies; and

(c) Determine whether the chemical process mining operation as
proposed in the consolidated application complies with the standards
established in ORS 517.956 and any other applicable requirements for a
permit listed under ORS 517.971.

(2) Each permitting agency and cooperating agency shall designate
an appropriate staff member to serve on the technical review team. [1991
c.735 §11](1) Upon receipt of notice from a prospective
applicant that the prospective applicant is ready to begin collecting
baseline data, the State Department of Geology and Mineral Industries
shall:

(a) Provide notice in accordance with ORS 517.959 that the
prospective applicant intends to begin baseline data collection and the
location where additional background information may be obtained or
reviewed.

(b) Within 30 days after receiving the notice from the applicant,
conduct two public information meetings. One public meeting shall be
conducted in the population center closest to the site of the proposed
mining operation and one public meeting shall be conducted in a major
population center for the state, as determined by State Department of
Geology and Mineral Industries.

(c) Receive written comments from the public and affected agencies
for 45 days after receiving notice under this subsection.

(2) The purpose of the public informational meetings and public
comment period under subsection (1) of this section shall be to:

(a) Identify the issues raised by the proposed chemical process
mining operation;

(b) Receive information from the public that the State Department
of Geology and Mineral Industries and the permitting and cooperating
agencies may need to know in order to evaluate the application; and

(c) Determine the data that should be collected during the baseline
data collection phase of the consolidated application process to address
the issues identified.

(3) Upon receipt of notice under subsection (1) of this section,
the technical review team activated under ORS 517.963 shall determine the
specific methodologies to be applied by the applicant in collecting
baseline data.

(4) The applicant shall collect data according to the methodology
established by the permitting and cooperating agencies through the
technical review team. The data collected shall be verified by the
appropriate agency in accordance with procedures adopted by the agency.
[1991 c.735 §12] Each applicant for a permit to
operate a chemical process mining operation shall submit a consolidated
application to the State Department of Geology and Mineral Industries.
The department and the permitting and cooperating agencies shall not
begin deliberating on whether to issue a permit until the department
receives an application fee and a complete consolidated application that
includes but is not limited to:

(1) Name and location of the proposed facility.

(2) Name, mailing address and phone number of the applicant and a
registered agent for the applicant.

(3) The legal structure of the applicant as filed in the business
registry with the Secretary of State and the legal residence of the
applicant.

(4) Mineral and surface ownership status of the proposed facility.

(5) Baseline data, including but not limited to environmental,
socioeconomic, historical, archaeological conditions, land use
designations and special use designations in the area of the state in
which the proposed chemical process mining operation is located.

(6) Appropriate maps, aerial photos, cross-sections, plans and
documentation.

(7) A proposed:

(a) Mine plan;

(b) Processing plan;

(c) Water budget;

(d) Fish and wildlife protection and mitigation 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 management 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 designated as areas of critical environmental concern,
research natural areas, outstanding natural areas and areas designated by
the Oregon Natural Heritage Plan, as defined in state rules and federal
regulations.

(8) All information required by the permitting agencies to
determine whether to issue or deny the following permits as applicable to
the proposed operation:

(a) Surface mining operating permits required under ORS 517.790 and
517.915;

(b) Fill and removal permits required under ORS 196.600 to 196.905;

(c) Permits to appropriate surface water or ground water under ORS
537.130 and 537.615, to store water under ORS 537.400 and impoundment
structure approval under ORS 540.350 to 540.390;

(d) National Pollutant Discharge Elimination System permit under
ORS 468B.050;

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

(f) Air contaminant discharge permit under ORS 468A.040 to 468A.060;

(g) Solid waste disposal permit under ORS 459.205;

(h) Permit for use of power driven machinery on forestland under
ORS 477.625;

(i) Permit for placing explosives or harmful substances in waters
of the state under ORS 509.140;

(j) Hazardous waste storage permit under ORS 466.005 to 466.385;

(k) Local land use permits; and

(L) Any other state permit required for the proposed chemical
process mining operation.

(9) All other information required by the department, a permitting
agency, a cooperating agency or the technical review team. [1991 c.735
§13; 1995 c.605 §3](1) In addition to any permit fee required by any
other permitting agency, each consolidated application under ORS 517.971
shall be accompanied by an initial fee established by the State Geologist
in an amount not to exceed $606.

(2)(a) Annually on the anniversary date of the issuance of each
such operating permit, each holder of an operating permit shall pay to
the State Department of Geology and Mineral Industries a fee established
by the State Geologist in an amount not less than $456.

(b) In addition to the fee prescribed in paragraph (a) of this
subsection, the department may charge an additional amount not to exceed
$200 for inspections made at sites:

(A) Where surface mining was conducted without the permit required
by ORS 517.790;

(B) Where surface mining has been abandoned; or

(C) Where surface mining was conducted in an area not described in
the surface mining permit.

(3) Subject to the provisions of subsection (5) of this section,
the applicant shall pay all expenses incurred by the department and the
permitting and cooperating agencies related to the consolidated
application process under ORS 517.952 to 517.989. These expenses may
include legal expenses, expenses incurred in processing and evaluating
the consolidated application, issuing a permit or final order and
expenses of hiring a third party contractor under ORS 517.979 and 517.980.

(4) Every applicant submitting a consolidated application under ORS
517.952 to 517.989 shall submit the fee required under subsection (1) of
this section to the department at the same time as the consolidated
application is filed under ORS 517.971. To the extent possible, the full
cost of the process set forth in ORS 517.952 to 517.989 shall be paid
from the application fee paid under this section. However, if such costs
exceed the fee, the applicant shall pay any excess costs shown in an
itemized statement prepared by the department. In no event shall the
department and permitting and cooperating agencies incur evaluation
expenses in excess of 110 percent of the fee initially paid unless the
department provides prior notification to the applicant and a detailed
projected budget the department believes necessary to complete the
process or a portion of the process under ORS 517.952 to 517.989. If the
costs are less than the fee paid, the excess shall be refunded to the
applicant.

(5) All expenses incurred by the department and the permitting and
cooperating agencies under ORS 517.952 to 517.989 that are charged to or
allocated to the fee paid by an applicant shall be necessary, just and
reasonable. Upon request, the department shall provide a detailed
justification for all charges to the applicant. [1991 c.735 §13a]Upon receipt of a completed consolidated
application, the State Department of Geology and Mineral Industries shall:

(1) Provide copies of the application to each affected local
government, permitting agency, cooperating agency or federal agency.

(2) Provide notice of the receipt of the consolidated application
in accordance with ORS 517.959. The notice shall include information
about the opportunity for submitting written comments on the application
and about the public hearing conducted as required under ORS 517.977.
[1991 c.735 §14](1) When all members of the
technical review team concur that the permitting agencies and the
cooperating agencies are ready to begin preparing draft permits, the
State Department of Geology and Mineral Industries shall conduct a public
hearing and accept written comments on whether the information contained
in the consolidated application is complete and sufficient to allow the
permitting agencies to determine whether to issue a permit. The date and
location of the public hearing and the period allowed for written comment
shall be established by the department. Notice of the public hearing and
comment period shall be given in accordance with ORS 517.959.

(2) At the conclusion of the public hearing and comment period
under subsection (1) of this section and within 90 days after the State
Department of Geology and Mineral Industries receives a consolidated
application for a chemical process mining operation, the department, in
conjunction with all permitting and cooperating agencies, shall make a
determination of whether the application is complete. On the basis of the
determination the department shall either:

(a) If the permitting and cooperating agencies determine that the
consolidated application is complete, issue a notice to proceed with the
permitting process and the preparation of draft permits; or

(b) If the permitting and cooperating agencies determine that
additional information is necessary, notify the applicant of the
additional information that is required.

(3) If the permitting and cooperating agencies do not require the
applicant to provide additional information as suggested at the public
hearing or comment period under subsection (1) of this section, the
agencies shall prepare a written response explaining why the additional
information is not being requested from the applicant.

(4) Upon receipt of any additional information requested, the State
Department of Geology and Mineral Industries shall accept public comments
related to the additional information for a period of two weeks. Except
as provided in ORS 517.978, the department shall not conduct additional
public hearings. [1991 c.735 §15] (1) After
the State Department of Geology and Mineral Industries issues a notice to
proceed, the consolidated application shall be considered complete unless:

(a) New information is available that could not have been presented
at the time of the completeness hearing; or

(b) Additional information is necessary to allow the permitting or
cooperating agencies to make a determination regarding whether to issue
or deny a permit or to issue the permit with conditions attached.

(2) The permitting and cooperating agencies may continue to review
an application while in the process of requesting additional information.
However, the department shall conduct an additional public hearing under
ORS 517.977 if the agencies determine that additional information is
significant to the issuance or denial of a permit. [1991 c.735 §16](1) The State Department of Geology
and Mineral Industries shall direct staff or shall hire a third party
contractor to:

(a) Prepare an environmental evaluation;

(b) Review baseline data submitted by the applicant; and

(c) Review application material if a permitting agency or a
cooperating agency lacks the expertise.

(2) The applicant shall pay costs of hiring a third party
contractor. If the applicant shows cause why a particular third party
contractor should not be allowed to perform a function under subsection
(1) of this section, the department shall hire an alternate contractor.

(3) The contents of the environmental evaluation under subsection
(1) of this section shall include:

(a) An analysis of the reasonably foreseeable impacts of an
activity including catastrophic consequences even if the probability of
occurrence is low, if the analysis is supported by credible scientific
evidence, is not based on pure conjecture and is within the rule of
reason.

(b) An assessment of the total cumulative impact on the environment
that results from the incremental impact of an action when added with
other past, present and reasonably foreseeable future actions, regardless
of the agency or persons that undertake the other action, or whether the
actions are on private, state or federal land. To the extent possible,
the department shall enter into a memorandum of agreement with federal
agencies to insure that information required by the state in evaluating
the cumulative impact of a proposed chemical process mine may be used by
the applicant to satisfy federal requirements for such an assessment.

(c) A review and analysis of alternatives analyzed by the applicant
or a contractor hired by the applicant that:

(A) Rigorously explores and objectively evaluates all reasonable
alternatives and briefly discusses alternatives that were eliminated and
the reasons the alternatives were eliminated;

(B) Treats each alternative, including the proposed action, in
detail so that the permitting agencies, cooperating agencies and the
public may evaluate the comparative merits of the alternatives; and

(C) Identifies all alternatives within the authority of each
permitting or cooperating agency.

(4) Upon completion of the environmental evaluation, the State
Department of Geology and Mineral Industries shall provide notice in
accordance with ORS 517.959. The notice shall state that the
environmental evaluation is complete and that the persons may respond
with written comments for a period of two weeks after the notice is
given. [1991 c.735 §17] Concurrent with the
development of the environmental evaluation, the State Department of
Geology and Mineral Industries shall direct staff or hire a third party
contractor to prepare a socioeconomic impact analysis for the use of the
applicant, local government and affected agencies. [1991 c.735 §18](1) Within 225 days after
receiving the completed consolidated application and the environmental
evaluation conducted under ORS 517.979, each permitting agency shall
provide its draft permit and permit conditions or its denial document to
the State Department of Geology and Mineral Industries. If a permitting
agency includes in its draft permit a condition that is inconsistent with
the environmental evaluation conducted pursuant to ORS 517.979, the
agency shall include with its draft permit a written explanation of the
condition setting forth the findings of the agency that support the
condition. The State Department of Geology and Mineral Industries shall
assure that the conditions imposed on the permits by the cooperating
agencies do not conflict. If the department finds a conflict exists, the
technical review team shall resolve the conflict.

(2) Within 15 days after receiving all draft permits and the
completion of its draft operating permit, the State Department of Geology
and Mineral Industries shall issue notice of an opportunity for public
comment and a consolidated public hearing on all draft permits. The
public hearing shall occur not sooner than 45 days after the department
issues the notice. The notice shall be issued in accordance with ORS
517.959. [1991 c.735 §19](1) Based on information received at the consolidated public
hearing, from persons submitting written comments, commenting agencies
and the review of the affected agencies, each permitting agency shall,
within 45 days after the consolidated public hearing under ORS 517.981 or
within the time period required by any applicable federal law, whichever
is sooner, approve, deny or modify the agency’s permit with conditions
necessary to assure that the chemical process mining operation allowed
under a permit complies with the standards and requirements applicable to
the permit.

(2) Each cooperating agency shall develop permit conditions within
the expertise and authority of the cooperating agency and submit the
permit conditions to the State Department of Geology and Mineral
Industries to be included as conditions on the department’s permit. The
department shall not issue a permit until each cooperating agency has
submitted a written concurrence with the terms and conditions of the
permit as such pertain to the statutory responsibility of each
cooperating agency.

(3) Upon completion of the permits, the department shall issue a
notice in accordance with ORS 517.959 to notify interested persons that
the final permits are issued. [1991 c.735 §20](1) The applicant or any person who appeared before a
permitting agency at the consolidated public hearing under ORS 517.981,
either orally or in writing, regarding a permit granted or denied by the
permitting agency may file with the State Geologist a written request for
a consolidated contested case hearing. The request shall be filed within
30 days after the date the permit was granted or denied.

(2) Upon receipt of a request under subsection (1) of this section,
the State Department of Geology and Mineral Industries shall schedule a
consolidated contested case hearing which shall be held not less than 60
days or more than 75 days after the notice of permit issuance under ORS
517.982. The hearing shall be conducted in accordance with the provisions
applicable to contested case proceedings under ORS chapter 183. Any
permit granted by a permitting agency shall be suspended until completion
of the administrative hearings process.

(3) Hearings under this section shall be conducted by an
administrative law judge assigned from the Office of Administrative
Hearings established under ORS 183.605.

(4) The administrative law judge shall prepare a proposed order for
each contested permit. A party may file written exceptions to the
proposed order with the permitting agency. If the permitting agency
determines that additional information may be included in the record, the
agency shall remand the order to the appropriate administrative law judge
for further consideration. After receiving exceptions and hearing
argument on the exceptions, the governing body or person within the
permitting agency responsible for making a final decision on a permit may
adopt the proposed order or issue a new order.

(5) Jurisdiction for judicial review of a permitting agency’s
issuance or denial of a permit is conferred upon the Supreme Court.
Proceedings for review shall be instituted by filing a petition in the
Supreme Court. The petition shall be filed within 60 days following the
date the permit is issued or denied. If the permit with prescribed
conditions is approved, the filing of the petition for review shall stay
the permit during the pendency of judicial review for a period of up to
six months from the date the petition for review is filed. The Supreme
Court may extend the stay beyond the six-month period upon written
request and a showing by the petitioner that the activities under the
permit could result in irreparable harm to the site. Except as otherwise
provided in this subsection, the review by the Supreme Court shall be as
provided in ORS 183.482. The Supreme Court shall give priority on its
docket to such a petition for review.

(6) When only the applicant files a petition for judicial review,
the six-month stay imposed under subsection (5) of this section may be
removed by the permitting agency upon written request within 60 days
after the filing of the petition and a showing by the applicant to
support a finding by the permitting agency that proceeding with any or
all activities under the permit will not result in irreparable harm to
the site. In making such findings the permitting agency may require an
additional bond or alternative security to be filed with the State
Department of Geology and Mineral Industries as provided in ORS 517.987.
The bond shall be in an amount the permitting agency determines necessary
to assure complete restoration of the site if the petitioner elects not
to complete the project following judicial review. Agency denial of the
request to remove the stay is subject to review by the Supreme Court
under such rules as the Supreme Court may establish. [1991 c.735 §21;
1999 c.849 §§104a,104c; 2003 c.75 §44] (1)
The permittee, the State Department of Geology and Mineral Industries,
any other permitting agency or a cooperating agency may request
modification of a permit issued under the process established under ORS
517.952 to 517.989.

(2) If a permitting agency is requested to make a permit
modification that the permitting agency or a cooperating agency finds is
a significant permit modification under the provisions of ORS 517.952 to
517.989, the agency shall notify the State Department of Geology and
Mineral Industries. The department shall coordinate the organization of a
project coordinating committee. The project coordinating committee shall
review the proposed modification and determine those portions of ORS
517.952 to 517.989 with which the applicant must comply. The decision of
the project review committee shall be:

(a) Limited to those portions of the chemical process mine
operation to be modified; and

(b) Consistent with public participation as set forth in ORS
517.952 to 517.989. [1991 c.735 §22] In accordance with applicable provisions of ORS
chapter 183, the governing board of the State Department of Geology and
Mineral Industries shall adopt rules necessary to implement the
provisions of ORS 517.952 to 517.989. The rules shall include but need
not be limited to:

(1) The information required to be submitted in a notice of intent;

(2) The fee that the department may collect from a person
requesting inclusion on the master list under ORS 517.959; and

(3) The form and content of the consolidated application. [1991
c.735 §23]Notwithstanding any other provision of
law, the State Department of Geology and Mineral Industries and any other
permitting agency shall take final action to issue or deny a permit
subject to the consolidated application process set forth in ORS 517.952
to 517.989 within one year after issuance of a notice to proceed under
ORS 517.977. However, with the concurrence of the applicant, the
processing of the application may be suspended for a period of time to
allow the applicant to resolve issues having a bearing on, or necessary
to any permitting agency’s decision or the department’s decision on
whether to issue or deny a permit. [1991 c.735 §24](1) At
the time of submitting a consolidated application under ORS 517.971, the
applicant shall estimate the total cost of reclamation consistent with
the standards imposed under ORS 517.702 to 517.989. Using the reclamation
estimate and a credible accident analysis as a guide, the State
Department of Geology and Mineral Industries shall make an initial
determination as to the amount of the reclamation bond necessary to
protect human health and the environment. The department shall distribute
a bond proposal to all permitting and cooperating agencies. The amount of
the bond that the department may require to cover the actual cost of
reclamation shall not be limited.

(2) The reclamation bond or alternative security acceptable to the
department shall be posted before the start of mining operations. The
bond shall be issued by a bonding company licensed to operate in Oregon.
A mining operation may not satisfy the requirements for a bond through
self-insurance.

(3) The department shall assess annually the overall cost of
reclamation. If changes in the operation or modifications to a permit
cause the cost of reclamation to exceed the amount of the reclamation
bond currently held by the state, the permittee shall post an additional
bond for the difference. All reclamation calculations shall be approved
by the department. Incremental surety increases shall be provided for,
with the level of surety being consistent with the degree and forms of
surface disturbance anticipated within a time period specified by the
department. When the actual surface area to be disturbed approaches the
level expected by the department, the permittee shall notify the
department sufficiently in advance of reaching the acreage limit
specified to allow for a review of surety requirements and posting of
additional surety by the permittee prior to exceeding the acreage limit
set by the department.

(4) If reclamation costs will exceed the posted bond and the
operator does not increase the bond amount, the department and other
permitting agencies shall suspend all permits until the permittee posts
the additional bond security.

(5) The department may seek a lien against the assets of the
permittee to cover the cost of reclamation if the bond posted is
insufficient. The amount of the lien shall be the amount of the costs
incurred by the department to complete reclamation. All current operating
permits of the permittee shall be suspended and the department shall deny
immediately all pending applications of the permittee to conduct mining
operations.

(6)(a) The permittee shall submit to the department a written
request for the release of its reclamation bond. If the permittee has
conducted concurrent reclamation, the permittee shall submit an
application for bond reduction which estimates the percentage of
reclamation done to date and the corresponding percentage of reclamation
funds that the permittee believes should be returned. A bond release or
reduction request shall state in unambiguous terms all measures taken to
reclaim the site and any problem or potential problems that may inhibit
reclamation in accordance with permit requirements.

(b) The department shall distribute the request to each permitting
or cooperating agency, to members of the public who participated in the
consolidated application under ORS 517.952 to 517.989, and to any person
who requests notification. In addition, the department shall publish a
notice as provided in ORS 517.959 announcing receipt of a request for
bond release or bond reduction.

(c) No sooner than 60 days after distributing the request and
providing notice of the receipt of the request, the department shall
conduct an informal public hearing to determine whether to allow the bond
release or bond reduction.

(7) The department may require security or an annuity for
post-reclamation monitoring and care to be paid before the final bond
release. The security or annuity shall be sufficient to cover long-term
site care and monitoring needs. The department shall determine the amount
of the proposed security or annuity and distribute a proposal to all
permitting and cooperating agencies. [1991 c.735 §24a](1) The
State Department of Fish and Wildlife shall develop conditions for the
protection of fish and wildlife resources that shall be included in any
permit issued by the State Department of Geology and Mineral Industries
under the process established under ORS 517.952 to 517.989.

(2) The State Department of Fish and Wildlife shall have the right
of ingress and egress to and from a chemical process mine operating under
a permit that includes conditions imposed pursuant to subsection (1) of
this section, doing no unnecessary injury to the property of the mine
operator, to determine whether the operator is complying with such
conditions. If the State Department of Fish and Wildlife determines that
a violation has occurred, the State Department of Fish and Wildlife shall
inform the State Department of Geology and Mineral Industries of the
violation and the State Department of Geology and Mineral Industries
shall cooperate with the State Department of Fish and Wildlife to take
appropriate enforcement action.

(3) As used in this section “chemical process mine” has the meaning
given in ORS 517.952. [1991 c.735 §24b]Note: 517.988 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 517 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.
(1) Except as provided in subsections (2) and (3) of this section, the
State Department of Geology and Mineral Industries and all permitting and
commenting agencies shall review and take action on a consolidated
application in accordance with statutes and rules in effect at the time
the notice of intent to submit an application is filed under ORS 517.961.

(2) Subsection (1) of this section shall not apply to a
consolidated application if:

(a) An applicant is responsible for unreasonable delays in the
processing of the application or fails to make a good faith effort to
comply with all requirements for issuance of the permit;

(b) Application of a statute or rule is required under federal law
or is a requirement for the state to maintain approval of or delegation
of administration of a federal program; or

(c) The department, or a permitting agency or commenting agency,
finds that application of a rule is necessary to protect the public from
a serious threat to human health or safety.

(3) Subsection (1) of this section shall not apply to rules adopted
by the Environmental Quality Commission on or before January 1, 1995.
[1995 c.503 §2]PENALTIES (1) Any landowner or operator who
conducts a surface mining operation, for which a permit is required by
ORS 517.750 to 517.901, without a valid operating permit therefor commits
a Class A violation.

(2) Subject to ORS 153.022, violation of any provision of ORS
517.750 to 517.901, or any rules promulgated pursuant thereto, or of any
conditions of an operating permit is a Class A violation.

(3) Subject to ORS 153.022, violation of ORS 517.910 to 517.951, or
any rules promulgated pursuant thereto, or of any conditions of an
operating permit for a nonaggregate surface mining operation is
punishable, upon conviction, by a fine of not more than $10,000.

(4) Notwithstanding any other provision of the law, any landowner
or operator who conducts a nonaggregate surface mining operation, without
a valid operating permit as required by ORS 517.910 to 517.951 shall be
punished, upon conviction, by a fine of not more than $10,000. [Amended
by 1953 c.188 §2; subsection (3) enacted as 1957 c.580 §11; 1971 c.743
§398; subsection (4) enacted as 1971 c.719 §18; subsections (5) and (6)
enacted as 1981 c.622 §14; 1985 c.292 §1; 1987 c.260 §4; 1993 c.742 §115;
1999 c.1051 §196] (1) In addition to any other
sanction authorized by law, the governing board of the State Department
of Geology and Mineral Industries may impose a civil penalty of not less
than $200 per day and not more than $50,000 per day for any violation of
ORS 517.702 to 517.989 related to a chemical process mine, of any rules
adopted under those provisions related to a chemical process mine, of any
orders issued under those provisions related to a chemical process mine
or of any conditions of a permit issued under those provisions related to
a chemical process mine. A penalty may be imposed under this section
without regard to whether the violation occurs on property covered by a
permit issued under ORS 517.702 to 517.989.

(2)(a) In addition to any other sanction authorized by law, and
subject to the limitations of paragraph (b) of this subsection, the
governing board of the State Department of Geology and Mineral Industries
may impose a civil penalty of not more than $10,000 per day for any
violation of ORS 517.702 to 517.951 not related to a chemical process
mine, of any rules adopted under those provisions not related to a
chemical process mine, of any orders issued under those provisions not
related to a chemical process mine or of any conditions of a permit
issued under those provisions not related to a chemical process mine.

(b) A penalty may be imposed under this subsection only if a
landowner or operator fails to complete erosion stabilization as required
by ORS 517.775 or board rules adopted to implement that section, if the
operator has failed to comply with a final order issued under ORS 517.860
or 517.880, if the operation is being conducted in violation of
conditions imposed on an operating permit or reclamation plan pursuant to
ORS 517.835 or if the operation is being conducted:

(A) Without a permit;

(B) Outside the permit boundary; or

(C) Outside a permit condition regarding boundaries, setbacks,
buffers or the placement of surface mining refuse.

(3) A civil penalty imposed under this section shall become due and
payable 10 days after the order imposing the civil penalty becomes final
by operation of law or on appeal. A person against whom a civil penalty
is to be imposed shall be served with a notice in the form provided in
ORS 183.415. Service of the notice shall be accomplished in the manner
provided by ORS 183.415.

(4) The person to whom the notice provided for in subsection (3) of
this section is addressed shall have 20 days from the date of service of
the notice in which to make written application for a hearing. If no
application for a hearing is made, the agency may make a final order
imposing the penalty.

(5) Any person who makes application as provided for in subsection
(4) of this section shall be entitled to a hearing. The hearing shall be
conducted as a contested case hearing pursuant to the applicable
provisions of ORS 183.413 to 183.470.

(6) Judicial review of an order made after a hearing under
subsection (5) of this section shall be as provided in ORS 183.480 to
183.497 for judicial review of contested cases.

(7) When an order assessing a civil penalty under this section
becomes final by operation of law or on appeal, and the amount of penalty
is not paid within 10 days after the order becomes final, the order may
be recorded with the county clerk in any county of this state. The clerk
shall thereupon record the name of the person incurring the penalty and
the amount of the penalty in the County Clerk Lien Record.

(8) Failure to pay a civil penalty that has become final under this
section shall be grounds for revocation of any permit issued under ORS
517.702 to 517.989 to the person against whom the penalty has been
assessed.

(9) Any civil penalty received by the State Treasurer under this
section shall be deposited in the General Fund to the credit of the
Geology and Mineral Industries Account and is continuously appropriated
to the State Department of Geology and Mineral Industries to the extent
necessary for the administration and enforcement of the laws, rules and
orders under which the penalty was assessed.

(10) A reclamation fund shall be established into which funds not
used to administer subsection (9) of this section shall be deposited.
This money shall be used by the State Department of Geology and Mineral
Industries for the purpose of the reclamation of abandoned mine and drill
sites.

(11) When a single incident violates statutes, rules, board orders
or permit conditions administered by more than one agency, the department
shall coordinate with the other agencies having civil penalty authority
before imposing a civil penalty.

(12) In implementing this section, the department shall adopt rules
that provide civil penalties that are commensurate with the severity of
violations and allow for a written warning at least 48 hours prior to
imposing a penalty when there is no immediate threat to human health,
safety or the environment. The written warning may be personally served
on the person incurring the penalty or may be sent by registered or
certified mail. The warning shall include:

(a) A reference to the particular sections of the statute, rule,
order or permit involved; and

(b) A short and plain statement of the matters asserted or charged.

(13) A civil penalty may be imposed against the board of directors
and high managerial agents of a corporation if those persons engage in,
authorize, solicit, request, command or knowingly tolerate the conduct
for which the penalty is to be imposed. As used in this subsection,
“agent” and “high managerial agent” have those meanings given in ORS
161.170. [1991 c.735 §24c; 1993 c.341 §1; 1997 c.183 §4; 2001 c.262 §1;
2003 c.470 §3]CHAPTERS 518 AND 519

[Reserved for expansion]

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