75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2825
 
                         House Bill 3453
 
Sponsored by COMMITTEE ON RULES
 
 
                             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 as
introduced.
 
  Allows person with recorded possessory right to minerals
located in placer deposit on land of another to enter upon land
to inspect deposit after providing notice. Requires person with
recorded possessory right to minerals located in placer deposit
on land of another to provide assurance of payment of damages to
landowner, give notice to landowner and enter into land use and
rehabilitation agreement with landowner before beginning placer
mining operations.
  Requires person with recorded possessory right to minerals
located in placer deposit on land of another to file certain
information with Department of State Lands before beginning
placer mining operations. Allows Director of Department of State
Lands to impose civil penalty of up to $10,000 for failure to
file information.
 
                        A BILL FOR AN ACT
Relating to persons with a possessory right to minerals located
  in deposits on the land of another.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 5 of this 2009 Act:
  (1) 'Placer deposit' means an accumulation of minerals in
alluvium or lake beds.
  (2) 'Placer mining' means the mining of alluvium or lake beds
for minerals.
  (3) 'Surface owner' means a person who holds a recorded
interest in the title to the land where placer deposits are
located and who does not hold a recorded possessory right to the
minerals located in the placer deposit. 'Surface owner' does not
include a person who holds only an easement, right of way,
license, mortgage, lien, mineral interest or nonpossessory
interest in the land. + }
  SECTION 2.  { + (1) A person who has a recorded possessory
right to minerals located in a placer deposit on the land of a
surface owner may enter upon the land to:
  (a) Inspect the placer deposit;
  (b) Mark the placer deposit; or
  (c) Survey the land to determine where to locate a placer
mining operation.
  (2) A person who enters upon the land of a surface owner under
this section may not conduct any placer mining operations or
 
other activities that disturb the surface of the land except as
provided by subsection (1) of this section.
  (3) A person who intends to enter upon the land of a surface
owner under this section shall provide the surface owner with 30
days' prior notice. + }
  SECTION 3.  { + (1) A person who has a recorded possessory
right to minerals located in a placer deposit on the land of a
surface owner may enter upon the land to conduct placer mining
operations if the person provides notice as required by
subsection (2) of this section, enters into an agreement with the
surface owner as required by subsection (5) of this section and:
  (a) Enters into an agreement with the surface owner under which
the person agrees to compensate the surface owner for any damage
to the land or any improvement on the land caused by placer
mining operations;
  (b) Secures a waiver to the agreement described in this
subsection from the surface owner; or
  (c) Executes a surety bond or other guaranty in the name of the
surface owner to pay for any damage to the land or any
improvement on the land caused by placer mining operations.
  (2) A person may not enter upon the land of a surface owner
under this section to conduct placer mining operations unless the
person gives written notice to the surface owner. The person that
intends to enter upon the land shall give notice to the surface
owner at the address of the surface owner as recorded in the
county clerk's office.
  (3) Notice given under subsection (2) of this section must
include:
  (a) The dates on which placer mining operations will occur.
  (b) The locations of any facility or route to be used during
placer mining operations.
  (c) A list of equipment to be used during placer mining
operations.
  (d) The name, address, telephone number and, if available, the
facsimile number and electronic mail address of the person that
is to enter upon the land to conduct placer mining operations.
  (e) The names of the employees who are to enter upon the land
who are employed by the person that is to enter upon the land to
conduct placer mining operations.
  (f) A reference to sections 1 to 5 of this 2009 Act.
  (4) Notice given under subsection (2) of this section must be
given no less than 30 days and no more than 180 days before the
commencement of placer mining operations.
  (5) A person may not enter upon the land of a surface owner
under this section to conduct placer mining operations unless the
person enters into a written agreement with the surface owner to:
  (a) Use only agreed-upon routes to access the placer deposit;
  (b) Minimize, to the greatest extent practicable, the adverse
effects of the placer mining operations;
  (c) Provide for the rehabilitation of surface resources,
including but not limited to plant cover, soil stability and
water bodies, that are adversely affected by the placer mining
operations; and
  (d) Complete the placer mining operations and the
rehabilitation of surface resources by a certain date.
  (6) A person who enters upon the land of a surface owner under
this section to conduct placer mining operations may not engage
in placer mining or rehabilitative operations that are materially
different from the operations agreed upon under subsection (5) of
this section unless the person first provides additional notice
in the manner provided by subsection (2) of this section and
enters into a subsequent agreement with the surface owner in the
manner provided by subsection (5) of this section. + }
  SECTION 4.  { + A person who has a recorded possessory right to
minerals located in a placer deposit on the land of a surface
owner may not enter upon the land of the surface owner to conduct
placer mining operations unless the person first files with the
Department of State Lands:
  (1) The name, address, telephone number and, if available, the
facsimile number and electronic mail address of the person that
is to enter upon the land to conduct placer mining operations;
  (2) A copy of the notice required by section 3 of this 2009
Act;
  (3) A copy of the agreement entered into under section 3 of
this 2009 Act; and
  (4) Any other information that the department requires by
rule. + }
  SECTION 5.  { + (1) The Director of the Department of State
Lands may impose a civil penalty of up to $10,000 for a violation
of section 4 of this 2009 Act.
  (2) A civil penalty under this section shall be imposed in the
manner provided in ORS 183.745. + }
  SECTION 6.  { + Sections 1 to 5 of this 2009 Act apply to
placer mining operations that commence on or after the effective
date of this 2009 Act. + }
                         ----------