Oregon Statutes - Chapter 517 - Mining and Mining Claims

517.010 Location of mining claims upon veins or lodes.
(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...
517.020 [Repealed by 1971 c.228 §1]
517.030 Recording copy of location notice; fee.
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...
517.040 Abandoned claims.
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...
517.042 �Legal subdivision� defined for ORS 517.042 to 517.052.
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...
517.044 Location of claims upon placer deposits; posting notice.
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...
517.046 Marking boundaries of claim or locating by legal subdivisions.
(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...
517.048 [1961 c.525 §4; repealed by 1971 c.228 §1]
517.050 [Renumbered as part of 517.065]
517.052 Recording copy of location notice; fee.
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...
517.060 Correcting defective notice of location.
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...
517.065 Effect of noncompliance with law in locating claim.
(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...
517.070 Certain locations subject to prior rights.
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...
517.080 Mining claims as realty.
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...
517.090 Application to claims of law governing transfers and mortgages of realty.
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...
517.100 Sums payable on redemption of claim; interest.
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,...
517.110 Grubstaking contracts.
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...
517.120 Definitions for ORS 517.120 to 517.133.
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...
517.123 Legislative findings.
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)...
517.125 Rules to be adopted in consultation with affected parties.
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]...
517.128 Restricting access to open mining area or mining claim prohibited.
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...
517.130 Mineral trespass.
(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...
517.133 Interfering with a mining operation.
(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....
517.135 Exemption from crimes of mineral trespass and interfering with a mining operation.
(1) ORS 517.128 to 517.133 do not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or...
517.160 Location of nonmineral land as millsite; notice; fee.
(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...
517.170 Policy.
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...
517.180 Procedure for extinguishing dormant mineral interest.
(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...
517.210 Recording affidavit of annual compliance.
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...
517.220 Affidavit or lack thereof as evidence; recording fee.
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...
517.230 Performance of assessment work by coowners.
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...
517.240 Failure of coowner to contribute; notice.
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...
517.250 Form of notice; service; publication.
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...
517.260 Notice; return and proof of service.
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...
517.270 Vesting of interest of delinquent coowner.
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...
517.280 Certificate of ownership; issuance.
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...
517.290 Fee for certificate.
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...
517.300 Effect of certificate; certified copy of certificate, notice and return admissible as evidence.
(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...
517.310 Recording and indexing certificate; fee; effect.
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...
517.320 Counteraffidavits of delinquent owner; suit to quiet title; judgment.
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...
517.330 Accounting for fees.
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...
517.410 [Amended by 1961 c.419 §1; part renumbered 273.920; remainder renumbered 273.355]
517.420 [Amended by 1955 c.528 §1; 1961 c.419 §2; 1983 c.740 §206; repealed by 1993 c.340 §2]
517.430 Use of timber by lessee.
(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...
517.440 Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers.
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...
517.450 [Repealed by 1971 c.743 §432]
517.510 [Repealed by 1993 c.742 §114]
517.520 [Repealed by 1993 c.742 §114]
517.530 [Repealed by 1993 c.742 §114]
517.540 [Repealed by 1993 c.742 §114]
517.550 [Repealed by 1993 c.742 §114]
517.610 [Repealed by 1953 c.188 §2]
517.611 [1957 c.580 §1; repealed by 1987 c.260 §1]
517.620 [Repealed by 1953 c.188 §2]
517.621 [1957 c.580 §2; repealed by 1987 c.260 §1]
517.630 [Repealed by 1953 c.188 §2]
517.631 [1957 c.580 §3; repealed by 1987 c.260 §1]
517.640 [Repealed by 1953 c.188 §2]
517.641 [1957 c.580 §4; repealed by 1987 c.260 §1]
517.650 [1957 c.580 §5; repealed by 1987 c.260 §1]
517.660 [1957 c.580 §6; repealed by 1987 c.260 §1]
517.670 [1957 c.580 §7; repealed by 1987 c.260 §1]
517.680 [1957 c.580 §8; repealed by 1987 c.260 §1]
517.690 [1957 c.580 §9; repealed by 1987 c.260 §1]
517.700 [1957 c.580 §10; repealed by 1987 c.260 §1]
517.702 Legislative findings.
(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...
517.705 Exploration permit; application; information required; confidentiality of production records, mineral assessments or trade secrets.
(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...
517.710 Fees.
(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...
517.715 Exemptions from permit requirement.
(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...
517.720 Persons with operating permit exempted.
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...
517.725 Department inspection of exploration site.
(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,...
517.730 Drill hole or well abandonment; rules.
(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...
517.735 Exploration on land administered by Department of State Lands.
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...
517.740 Rules.
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...
517.750 Definitions for ORS 517.702 to 517.989.
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...
517.755 Mining operations affecting more than five acres.
Notwithstanding the yard and acre limitations of ORS 517.750 (15), as soon as any mining operation begun after July 1, 1975, affects more than five...
517.760 Policy.
(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...
517.770 Exemptions from reclamation requirements.
(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...
517.775 Permit fee for certain landowners and operators; erosion stabilization at limited exempt site.
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...
517.780 Effect on local zoning laws or ordinances; rules; certain operations exempt.
(1) The provisions of ORS 517.702 to 517.989 and the rules and regulations adopted thereunder do not supersede any zoning laws or ordinances in effect...
517.785 [1983 c.20 §3; 1985 c.292 §7; 1987 c.361 §8; repealed by 2007 c.318 §28]
517.790 Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit.
(1) A landowner or operator may not allow or engage in surface mining on land not surface mined on July 1, 1972, without holding a...
517.795 Department to consult with and cooperate with other agencies.
(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...
517.800 Fees; rules.
(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...
517.810 Requirement for bond or security; rules; other security in lieu of bond.
(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...
517.815 Reclamation bond pooling program; requirements; rules.
(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:...
517.820 Extensions of time for submission of proposed reclamation plans; time limit for reclamation completion; consultation with state agencies.
(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...
517.830 Inspection of operating site; approval of application for operating permit; effect of failure to approve or refusal to approve reclamation plan; appeal from denial of plan; consolidated application process.
(1) Upon receipt of an application for an operating permit, the State Department of Geology and Mineral Industries shall inspect the operating site described in...
517.831 Modification of operating permit or reclamation plan; opportunity for alternative dispute resolution.
(1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not modify an operating permit or...
517.832 Emergency operating permit; rules.
(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,...
517.833 Transfer of operating permit; rules.
(1) A person who by sale, assignment, lease or other means has succeeded in interest to an uncompleted surface mining operation may request that the...
517.834 Temporary operating permit; rules.
(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)...
517.835 Conditions on operating permit or reclamation plan to prevent impact on ground water.
(1) Notwithstanding ORS 517.831, the State Department of Geology and Mineral Industries may require conditions on any new or existing surface mining operating permit or...
517.836 Surveying or marking surface mining operations; rules.
(1)(a) The governing board of the State Department of Geology and Mineral Industries may adopt rules requiring the surveying or marking of surface mining operations....
517.837 Annual report by permittee; rules.
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...
517.840 Administration and enforcement of ORS 517.702 to 517.989; rules.
(1) The governing board of the State Department of Geology and Mineral Industries shall administer and enforce the provisions of ORS 517.702 to 517.989 and:...
517.850 Inspection of permit area.
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...
517.855 Disruption of portion of mining property preserved from mining.
(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...
517.860 Effect of failure to comply with operating permit or reclamation plan; department may perform work and assess costs against bond or security.
(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...
517.862 Revocation, termination or refusal to renew operating permit.
(1) Except as provided in subsection (2) of this section, the State Department of Geology and Mineral Industries may not revoke, terminate or refuse to...
517.865 Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure.
(1) If an operator fails to faithfully perform the reclamation required by the reclamation plan and if the bond or security required by ORS 517.810...
517.870 Adjustment of bond or security of operator upon satisfactory completion of reclamation work.
Upon request of the operator, and when in the judgment of the State Department of Geology and Mineral Industries the reclamation has been completed in...
517.880 Order for suspension of surface mining operation operating without required permit; enjoining operation upon failure of operator to comply; completion of reclamation by department.
(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...
517.890 Review of final determination.
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...
517.900 [1971 c.719 §14; 1985 c.292 §14; repealed by 1999 c.492 §9 (517.901 enacted in lieu of 517.900)]
517.901 Confidentiality of production records, mineral assessments and trade secrets.
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...
517.905 Applicability of ORS 517.910 to 517.989.
(1) ORS 517.910 to 517.989 only apply to surface mines for nonaggregate minerals that do not have a valid operating permit, a certificate of limited...
517.910 Definitions for ORS 517.910 to 517.989.
For the purposes of ORS 517.910 to 517.989: (1) Notwithstanding ORS 517.750 (12), �reclamation� means the employment in a surface mining operation of procedures reasonably...
517.915 Additional operating permit requirements for nonaggregate mineral mines; denial of permit if reclamation not possible.
(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)...
517.920 Permit application fees under ORS 517.910 to 517.989.
(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...
517.925 Time limit for action on permit application.
The State Department of Geology and Mineral Industries shall have 120 days to act upon a completed permit application. [1981 c.622 §6]
517.930 Department inspection.
(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...
517.935 Limit on reclamation lien by department against nonaggregate mineral operator.
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...
517.940 Reclamation expenditure by department.
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...
517.945 [1981 c.622 §13; repealed by 1999 c.353 §9]
517.947 [1987 c.693 §§2, 3; 1989 c.171 §68; repealed by 1991 c.735 §39]
517.949
[1987 c.693 §4; repealed by 1991 c.735 §39]
517.950 Bond or security deposit for nonaggregate mineral operating permit.
(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...
517.951 Legislative intent not to assume exclusive jurisdiction.
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...
517.952 Definitions for ORS 517.702 to 517.989.
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...
517.953 Policy.
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...
517.954 Application of ORS 517.952 to 517.989.
ORS 517.952 to 517.989 apply only to chemical process mines for nonaggregate minerals. ORS 517.952 to 517.989 do not apply to placer mining. [1991 c.735
517.955
[1981 c.622 §16; renumbered 517.951 in 1991] (Chemical Process Mines)
517.956 Standards for chemical process mining operation; rules.
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...
517.957 Department coordination of activities of affected agencies.
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...
517.958 Compliance with preapplication process; purpose.
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...
517.959 Public notice requirements for ORS 517.952 to 517.989; fees.
(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...
517.960
[1989 c.347 §2; renumbered 517.702 in 1991]
517.961 Notice of intent to submit application; posting of notice.
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...
517.962
[1989 c.347 §3; renumbered 517.705 in 1991]
517.963 Department duties upon receipt of notice of intent.
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...
517.964 [1989 c.347 §4; renumbered 517.710 in 1991]
517.965 Project coordinating committee.
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...
517.966 [1989 c.347 §8; renumbered 517.715 in 1991]
517.967 Technical review team.
(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...
517.968 [1989 c.347 §6; renumbered 517.720 in 1991]
517.969 Collection of baseline data; public informational meetings; collection methodology.
(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...
517.970 [1989 c.347 §5; renumbered 517.725 in 1991]
517.971 Consolidated application.
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...
517.972 [1989 c.347 §7; renumbered 517.730 in 1991]
517.973 Fees; payment of expenses of department and permitting and cooperating agencies.
(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...
517.974 [1989 c.347 §9; renumbered 517.735 in 1991]
517.975 Distribution of completed consolidated application; notice of receipt of application.
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...
517.976 [1989 c.347 §16; renumbered 517.740 in 1991]
517.977 Preparation of draft permits; public hearing; determination of completeness of consolidated application.
(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,...
517.978 Review of application; additional information.
(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...
517.979 Environmental evaluation; review of baseline data; payment of costs of third party contractor.
(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;...
517.980 Socioeconomic impact analysis.
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...
517.981 Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit.
(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...
517.982 Final permits; permit conditions submitted by cooperating agencies.
(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...
517.983 Consolidated contested case hearing; judicial review; stay of permit.
(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,...
517.984 Modification of permit; project coordinating committee.
(1) The operator, the State Department of Geology and Mineral Industries, any other permitting agency or a cooperating agency may request modification of a permit...
517.985 Rulemaking.
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...
517.986 Time limit for final action on permit subject to consolidated application process.
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...
517.987 Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security.
(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...
517.988 Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions.
(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...
517.989 Statutes and rules applicable to consolidated application.
(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...
517.990 Criminal penalties.
(1) A person who conducts a surface mining operation without a valid operating permit as required by ORS 517.750 to 517.901 commits a Class A...
517.992 Civil penalties; rules.
(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...

Last modified: August 7, 2008