ORS 517.840¹
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 (Legislative findings) to 517.989 (Statutes and rules applicable to consolidated application) and:

(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 (Legislative findings) to 517.989 (Statutes and rules applicable to consolidated application).

(d) May, in accordance with the applicable provisions of ORS chapter 183, adopt rules to carry out the provisions of ORS 517.702 (Legislative findings) to 517.989 (Statutes and rules applicable to consolidated application).

(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) In consultation with the Department of Environmental Quality, the board shall identify those naturally occurring hazardous or toxic metals and minerals that, if present in sufficient concentrations at a surface mining site, subject the operator to the increased bond or security requirements of ORS 517.950 (Bond or security deposit for nonaggregate mineral operating permit). 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; 2007 c.318 §10]

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities, (1972) Vol 35, p 1100

Notes of Decisions

Depart­ment of Geology and Mineral Industries is not vested with exclusive jurisdic­tion over environ­mental regula­tion of mining lands, for such regula­tion is centralized in Division of State Lands pursuant to ORS 541.610 (renumbered ORS 196.675, then ORS 196.805 (Policy)). State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities, (1972) Vol 35, p 1100

Law Review Cita­tions

29 WLR 297 (1993)

Chapter 517

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Cita­tions

4 EL 370 (1974)

1 Legislative Counsel Committee, CHAPTER 517—Mining and Mining Claims, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors517.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 517, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­517ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information