72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2809
 
                           A-Engrossed
 
                         House Bill 2898
                  Ordered by the Senate June 4
            Including Senate Amendments dated June 4
 
Sponsored by Representative BUTLER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Directs - }   { + Authorizes + } State Department of
Geology and Mineral Industries to establish program providing for
pooling of reclamation bonds.
 
                        A BILL FOR AN ACT
Relating to mining.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2003 Act is added to and made
a part of ORS 517.702 to 517.989. + }
  SECTION 2.  { + (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;
  (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. + }
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