TITLE 43
MINERAL
RESOURCES
Chapter 516. Department of Geology and Mineral
Industries
517. Mining and Mining Claims
520. Conservation of Gas and Oil
522. Geothermal Resources
523. Geothermal Heating Districts
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Chapter 516 — Department
of Geology and Mineral Industries
ORS sections in this chapter were
amended or repealed by the Legislative Assembly during its 2012 regular
session. See the table of ORS sections amended or repealed during the 2012
regular session: 2012 A&R Tables
2011 EDITION
DEPARTMENT OF GEOLOGY AND MINERAL
INDUSTRIES
MINERAL RESOURCES
516.010 Definitions
516.020 Creation
of department
516.030 Duties
of department
516.035 Powers
of department
516.070 Geology
and Mineral Industries Account; subaccounts; sources; uses
516.080 Governing
board; members; term; confirmation; meetings; compensation and expenses; quorum
516.090 General
duties and powers of board; rules
516.100 Reports
and publications of department
516.120 State
Geologist; appointment; qualifications
516.130 Duties
of State Geologist; bond; employment of personnel; report to board
516.133 Prohibited
activities; conflicts of interest
516.135 Avoidance
of ground water resource contamination; department actions
516.010 Definitions.
As used in this chapter:
(1)
“Board” means the governing board of the State Department of Geology and
Mineral Industries established pursuant to ORS 516.080.
(2)
“Department” means the State Department of Geology and Mineral Industries
established pursuant to ORS 516.020.
(3)
“Mine” includes all mineral-bearing properties of whatever kind and character,
whether underground, quarry, pit, well, spring or other source from which any
mineral substance is obtained.
(4)
“Mineral” includes any and all mineral products, metallic and nonmetallic,
solid, liquid or gaseous, and mineral waters of all kinds.
(5)
“Mineral industries” includes all enterprises engaged in developing and
exploiting the natural substances of the earth.
(6)
“Geologic hazard” means a geologic condition that is a potential danger to life
and property which includes but is not limited to earthquake, landslide,
flooding, erosion, expansive soil, fault displacement, volcanic eruption and
subsidence.
(7)
“Geology” means the study of the earth, and in particular the study of the
origin, history and topographic form of rocks, ores and minerals, either under
the ground or upon the surface, and their alteration by surface agencies, such
as wind, water, ice and other agencies, and the economics of their use. [Amended
by 1989 c.954 §1; 1993 c.260 §1]
516.020 Creation of department.
There is created a State Department of Geology and Mineral Industries.
516.030 Duties of department.
The State Department of Geology and Mineral Industries shall:
(1)
Initiate and conduct studies and surveys of the geological and mineral
resources of the state and their commercial utility.
(2)
Conduct as a continuing project a geological survey of Oregon, including quadrangle
geologic mapping, either as a department undertaking or jointly with federal or
other agencies.
(3)
Initiate, carry out or administer studies and programs that will, in
cooperation with universities, federal, state and local government agencies, reduce
the loss of life and property by understanding and mitigating geologic hazards.
These studies and programs may include but need not be limited to:
(a)
Statewide hazard assessment, including identification and mapping of geologic
hazards, estimation of their potential consequences and likelihood of
occurrence and monitoring and assessment of potentially hazardous geologic
activity;
(b)
Studies of paleoseismicity including but not limited to providing evidence of
whether prehistoric subduction zone and crustal earthquakes have occurred in
Oregon;
(c)
Operation of a state seismic network in cooperation with universities or
federal agencies or both through the strategic placement of instrumentation to
monitor earthquake activity as it occurs; and
(d)
Operation of a state geodetic network through the monitoring and periodic
survey of markers in order to detect modern deformation of the earth’s crust
and the subsequent buildup of stress.
(4)
Consider and study kindred scientific and economic questions in the field of
geology and mining that are deemed of value to the people of Oregon.
(5)
Cooperate with federal or other agencies for the performance of work in Oregon
deemed of value to the state and of advantage to its people, under rules, terms
and conditions to be arranged between the governing board of the State
Department of Geology and Mineral Industries and such agencies. But in no case
shall the cost to the department be in excess of the amount appropriated
therefor, and the results of any joint undertakings shall be made available
without restrictions to this department.
(6)
Serve as a bureau of information and advisory services concerning geologic
resources and hazards, including maintenance of a library, a public education
program and a geologic database; review of functions; expert advice to federal,
state and local government agencies; and operation of a clearinghouse for
post-hazard event earth science investigations. The department shall provide
technical assistance to local governments on aggregate mining and reclamation
during preparation and amendment of comprehensive plans and land use
regulations.
(7)
Serve as a bureau of information concerning Oregon mineral resources, mineral
industries and geology, conduct a mineral survey of the state, and catalog each
and every mineral occurrence and deposit, metallic and nonmetallic, together
with its location, production, method of working, name of owner or agent, and
other detailed information capable of being tabulated and published in
composite form for the use, guidance and benefit of the mineral industry of the
state and of the people in general and deemed necessary in compiling mineral
statistics of the state.
(8)
Collect a library of literature describing the geology and mineral deposits,
metallic and nonmetallic, of Oregon.
(9)
Make qualitative examinations of rocks, mineral samples and specimens.
(10)
Study minerals and ores, additional uses for the state’s minerals, and explore
the possibilities for using improved treatment, processes, mining methods and
reclamation techniques for regulated mines and abandoned mined lands.
(11)
Establish in the department or in cooperation with universities and other
organizations a repository for drill cores and samples considered by the
department to be of long term use in developing information. [Amended by 1989
c.954 §2; 1991 c.243 §3; 1993 c.260 §2; 2001 c.104 §225]
516.035 Powers of department.
The State Department of Geology and Mineral Industries may:
(1)
Make or have made qualitative and quantitative determinations of ores and
minerals that are submitted for such purpose and that are from within the State
of Oregon. The department shall mail to the sender of such ores or minerals the
results of such determination as soon as practicable after making such
determination. Such services shall be performed by the department at the
request of a member of the general public at a reasonable charge.
(2)
Perform geological surveys or analyses at the request of any state agency if
department funding allows undertaking such surveys or analyses and may make
reasonable charges for these services.
(3)
Collect and exhibit specimens, samples and photographs, models and drawings of
appliances in the mines, mills and metallurgical plants of Oregon.
(4)
Enter into contracts or agreements with the federal government or any agency
thereof, pursuant to which the department shall operate or act as the agent of
the federal government in the operation of a mineral assay service or similar
analytical service, the cost of which is to be reimbursed by the federal
government.
(5)
Establish, equip and operate a geochemical laboratory which may:
(a)
Make geochemical determinations at the request of any department, institution
or other agency of the state, without any charge in excess of the actual cost
thereof.
(b)
Make other geochemical determinations at a reasonable charge in excess of the
actual cost thereof.
(6)
Enter into contracts or agreements with a person, a public body as defined in
ORS 174.109 or the federal government or an agency thereof, pursuant to which
the department performs geoscientific surveys or analyses. [1971 c.441 §4; 1973
c.180 §1; 1993 c.260 §3; 2011 c.72 §1]
516.040
[Repealed by 1971 c.441 §6]
516.045
[Repealed by 1993 c.260 §12]
516.050 [Repealed
by 1993 c.260 §12]
516.060
[Repealed by 1993 c.260 §12]
516.070 Geology and Mineral Industries
Account; subaccounts; sources; uses. (1) There is
established in the General Fund of the State Treasury an account to be known as
the Geology and Mineral Industries Account. All moneys received by the State
Department of Geology and Mineral Industries shall be paid over to the State
Treasurer and by the State Treasurer deposited in the General Fund to the
credit of the account. All moneys within the account are continuously
appropriated for the use of the department in carrying out its lawful
functions.
(2)
The Federal Locatable Mineral Royalties Subaccount is established within the
Geology and Mineral Industries Account. Notwithstanding subsection (1) of this
section, all moneys received from the federal government by the State of Oregon
as the state’s distributive share of the amounts collected for royalties for
locatable minerals shall be credited to the subaccount. All moneys in the
Federal Locatable Mineral Royalties Subaccount are continuously appropriated to
the State Department of Geology and Mineral Industries to conduct
investigations of new mineral resources and to carry out the provisions of ORS
517.840 (1)(f).
(3)
The State Treasurer may invest and reinvest the moneys in the Federal Locatable
Mineral Royalties Subaccount as provided in ORS 293.701 to 293.820. Interest
from the moneys deposited in the subaccount and earnings from investment of the
moneys in the subaccount shall be credited to the subaccount.
(4)
The Mined Land Regulation and Reclamation Program Subaccount is established
within the Geology and Mineral Industries Account. Notwithstanding subsection
(1) of this section, all moneys received by the State Department of Geology and
Mineral Industries from fees assessed pursuant to ORS 517.800 shall be credited
to the subaccount. All moneys in the subaccount are continuously appropriated
to the department for the purpose of administering ORS 517.702 to 517.951. [Amended
by 1957 c.233 §1; 1961 c.671 §14; 1971 c.441 §5; 1993 c.260 §4; 1995 c.509 §1;
2005 c.650 §2]
516.080 Governing board; members; term;
confirmation; meetings; compensation and expenses; quorum.
(1) The State Department of Geology and Mineral Industries shall be administered
by a governing board composed of five citizens of Oregon appointed by the
Governor.
(2)(a)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor. A member is eligible for reappointment. If
there is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term. The term of a board member
shall continue until a successor has been appointed and confirmed.
(b)
All appointments shall be made subject to approval by the Senate in the manner
provided in ORS 171.562 and 171.565.
(3)
The board shall hold meetings four times each year and special meetings may be
called by the chairperson or by a majority of the board.
(4)
Each member of the board is entitled to compensation and expenses as provided
in ORS 292.495.
(5)
A majority of the members of the board constitutes a quorum for the transaction
of business.
(6)
The members of the State Department of Geology and Mineral Industries governing
board must be citizens of this state. The members chosen shall, to the greatest
extent possible, represent all geographic regions of the state. [Amended by
1961 c.167 §42; 1969 c.314 §61; 1969 c.695 §11; 1983 c.740 §204a; 1993 c.260 §5;
2001 c.75 §1]
516.090 General duties and powers of
board; rules. (1) The governing board of the State
Department of Geology and Mineral Industries shall:
(a)
Direct and review the performance of the State Geologist and the State
Department of Geology and Mineral Industries in carrying out its duties and
responsibilities pursuant to this chapter and ORS chapters 517, 520 and 522.
(b)
Carry out the policies set forth in this chapter and ORS chapters 517, 520 and
522.
(c)
Establish policies and approve plans that lead to an understanding of geology
and mineral resources of the state, geologic processes and hazards and
scientific, economic and tourism issues relating to geology and mineral
industries.
(d)
At the discretion of the board, accept from the United States or any of its
agencies such funds as may be made available to this state for any of the
purposes contemplated by this chapter, and shall enter into such contracts and
agreements with the United States or any of its agencies or with Oregon or any
of its agencies as may be necessary, proper and convenient, and not contrary to
the laws of this state.
(e)
Review and approve budget requests of the department.
(f)
In accordance with applicable provisions of ORS chapter 183, adopt rules
establishing criteria and procedures by which the department may enter into
contracts or agreements pursuant to ORS 516.035 (6), including but not limited
to criteria and procedures that ensure protection of the public interest and
advance the duties of the department as described in ORS 516.030.
(2)
The board may:
(a)
In accordance with applicable provisions of ORS chapter 183, adopt rules
necessary for the administration of the laws that the board is charged with
administering.
(b)
Receive on behalf of this state, for the use and benefit of the department,
gifts, devises and legacies of real or other property, and use them in
accordance with the wishes of the donors, or, in the absence of specific
instructions by the donors, manage, use and dispose of the gifts and legacies
as may be deemed by the board for the best interest of the state. [Amended by
1993 c.260 §6; 2011 c.72 §2]
516.100 Reports and publications of
department. (1) The State Department of Geology and
Mineral Industries shall have prepared, printed and published reports,
pamphlets, charts and maps, embracing the matters addressed in ORS 516.030 and
ORS chapters 517, 520 and 522. All maps, charts, special bulletins and other
publications shall be for public distribution, but the department may make a
reasonable charge to cover publication and distribution costs.
(2)(a)
When a report embodies results of surveys or studies of economic importance, no
information of any kind concerning the contents of such report shall be given
out prior to publication, if such prior information could place the recipient
in a preferential position as regards its use.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection, if an
investigation of a mineral property or geologic hazard within the state is made
by an employee of the department at the request of either the owner or a person
in control of such property, results of the investigation shall be conveyed to
the owner or person in control prior to the publication of a report of such
results. After they have been conveyed to the owner or person, the results
shall be open to public inspection prior to their publication. [Amended by 1975
c.605 §26; 1993 c.260 §7; 2005 c.22 §373]
516.110
[Repealed by 1993 c.260 §12]
516.120 State Geologist; appointment;
qualifications. (1) The position of State
Geologist within the State Department of Geology and Mineral Industries is
created. In consultation with the Governor, the governing board of the State
Department of Geology and Mineral Industries shall appoint the State Geologist.
(2)
The State Geologist shall be qualified to perform as well as to direct the
technical and executive work of the department as determined by the board and
shall be a geologist, engineer or other technical specialist with a broad
background of practical experience related to programs of the department. [Amended
by 1963 c.192 §1; 1983 c.740 §205; 1993 c.260 §8]
516.130 Duties of State Geologist; bond;
employment of personnel; report to board. (1)
The State Geologist shall be covered by a bond as set forth in ORS 291.011.
(2)
The State Geologist may employ qualified persons subject to any applicable
provisions of the State Personnel Relations Law.
(3)
The State Geologist shall report to the governing board of the State Department
of Geology and Mineral Industries as requested by the board concerning the
administration of the State Department of Geology and Mineral Industries.
(4)
The State Geologist shall make every effort to complete promptly for
publication all notes, charts and maps covering mineral and geological
investigations of the department, so that public distribution of same may take
place as closely as possible after the completion of field investigations.
(5)
The State Geologist shall have charge of, organize and supervise the work of
the department and perform such other duties as may be necessary to carry out
the work of the department. [Amended by 1991 c.331 §74; 1993 c.260 §9]
516.133 Prohibited activities; conflicts
of interest. (1) No member of the staff of the State
Department of Geology and Mineral Industries shall hold a direct pecuniary
interest in or accept compensation from an industry regulated by the
department.
(2)
No member of the staff of the department shall:
(a)
Hold a direct pecuniary interest in or accept compensation from any producing
or prospective mineral operation of any kind of any entity that does business
in this state.
(b)
Act as agent or broker for any purchaser, owner, or an agent of a purchaser or
owner, of any mineral interest.
(c)
Accept a commission for any service rendered during the period of employment
with the department, if such service is concerned with mining, geology or any
mineral industry that does business in this state.
(d)
Make any investigation or report of any individual property in this state for
purposes of evaluation, except as provided in ORS 516.100.
(3)
For purposes of this section:
(a)
“Direct pecuniary interest” means a mining claim, stock, royalty interest,
partnership, joint venture or other interest over which the employee may
control acquisition or disposal of the interest.
(b)
“Direct pecuniary interest” does not mean an interest in a mutual fund,
retirement fund or other interest described in subsection (1) or (2) of this
section over which the employee may not control acquisition or disposal.
(4)
The provisions of this section are in addition to and not in lieu of the
provisions of ORS chapter 244. [1993 c.260 §11]
516.135 Avoidance of ground water resource
contamination; department actions. (1) In
carrying out its duties related to mineral resources, mineral industries and
geology, the State Department of Geology and Mineral Industries shall act in a
manner that is consistent with the goal set forth in ORS 468B.155.
(2)
In order to assist in the development of a statewide repository of information
about Oregon’s ground water resource, the department shall provide any
information, acquired by the department in carrying out its statutory duties,
that is related to ground water quality to the centralized repository
established pursuant to ORS 468B.167. [1989 c.833 §46]
516.140
[Repealed by 1957 c.233 §2]
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