ORS Chapter 516
TITLE 43
MINERALRESOURCES
Chapter 516. Departmentof Geology and Mineral Industries
517. Miningand Mining Claims
520. Conservationof Gas and Oil
522. GeothermalResources
523. GeothermalHeating Districts
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Chapter 516 — Departmentof Geology and Mineral Industries
2009 EDITION
DEPARTMENTOF GEOLOGY AND MINERAL INDUSTRIES
MINERALRESOURCES
516.010 Definitions
516.020 Creationof department
516.030 Dutiesof department
516.035 Powersof department
516.070 Geologyand Mineral Industries Account; subaccounts; sources; uses
516.080 Governingboard; members; term; confirmation; meetings; compensation and expenses; quorum
516.090 Generalduties and powers of board; rules
516.100 Reportsand publications of department
516.120 StateGeologist; appointment; qualifications
516.130 Dutiesof State Geologist; bond; employment of personnel; report to board
516.133 Prohibitedactivities; conflicts of interest
516.135 Avoidanceof ground water resource contamination; department actions
516.010Definitions.As used in this chapter:
(1)“Board” means the governing board of the State Department of Geology andMineral Industries established pursuant to ORS 516.080.
(2)“Department” means the State Department of Geology and Mineral Industriesestablished 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 anymineral 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 andexploiting the natural substances of the earth.
(6)“Geologic hazard” means a geologic condition that is a potential danger to lifeand property which includes but is not limited to earthquake, landslide,flooding, erosion, expansive soil, fault displacement, volcanic eruption andsubsidence.
(7)“Geology” means the study of the earth, and in particular the study of theorigin, history and topographic form of rocks, ores and minerals, either underthe ground or upon the surface, and their alteration by surface agencies, suchas wind, water, ice and other agencies, and the economics of their use. [Amendedby 1989 c.954 §1; 1993 c.260 §1]
516.020Creation of department. There is created a State Department of Geology andMineral Industries.
516.030Duties of department.The State Department of Geology and Mineral Industries shall:
(1)Initiate and conduct studies and surveys of the geological and mineralresources of the state and their commercial utility.
(2)Conduct as a continuing project a geological survey of Oregon, includingquadrangle geologic mapping, either as a department undertaking or jointly withfederal or other agencies.
(3)Initiate, carry out or administer studies and programs that will, incooperation with universities, federal, state and local government agencies,reduce the loss of life and property by understanding and mitigating geologichazards. These studies and programs may include but need not be limited to:
(a)Statewide hazard assessment, including identification and mapping of geologichazards, estimation of their potential consequences and likelihood ofoccurrence and monitoring and assessment of potentially hazardous geologicactivity;
(b)Studies of paleoseismicity including but not limited to providing evidence ofwhether prehistoric subduction zone and crustal earthquakes have occurred inOregon;
(c)Operation of a state seismic network in cooperation with universities orfederal agencies or both through the strategic placement of instrumentation tomonitor earthquake activity as it occurs; and
(d)Operation of a state geodetic network through the monitoring and periodicsurvey of markers in order to detect modern deformation of the earth’s crustand the subsequent buildup of stress.
(4)Consider and study kindred scientific and economic questions in the field ofgeology 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 Oregondeemed of value to the state and of advantage to its people, under rules, termsand conditions to be arranged between the governing board of the StateDepartment of Geology and Mineral Industries and such agencies. But in no caseshall the cost to the department be in excess of the amount appropriatedtherefor, and the results of any joint undertakings shall be made availablewithout restrictions to this department.
(6)Serve as a bureau of information and advisory services concerning geologicresources and hazards, including maintenance of a library, a public educationprogram and a geologic database; review of functions; expert advice to federal,state and local government agencies; and operation of a clearinghouse forpost-hazard event earth science investigations. The department shall providetechnical assistance to local governments on aggregate mining and reclamationduring preparation and amendment of comprehensive plans and land useregulations.
(7)Serve as a bureau of information concerning Oregon mineral resources, mineralindustries and geology, conduct a mineral survey of the state, and catalog eachand every mineral occurrence and deposit, metallic and nonmetallic, togetherwith its location, production, method of working, name of owner or agent, andother detailed information capable of being tabulated and published incomposite form for the use, guidance and benefit of the mineral industry of thestate and of the people in general and deemed necessary in compiling mineralstatistics 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 explorethe possibilities for using improved treatment, processes, mining methods andreclamation techniques for regulated mines and abandoned mined lands.
(11)Establish in the department or in cooperation with universities and otherorganizations a repository for drill cores and samples considered by thedepartment to be of long term use in developing information. [Amended by 1989c.954 §2; 1991 c.243 §3; 1993 c.260 §2; 2001 c.104 §225]
516.035Powers of department.The State Department of Geology and Mineral Industries may:
(1)Make or have made qualitative and quantitative determinations of ores andminerals that are submitted for such purpose and that are from within the Stateof Oregon. The department shall mail to the sender of such ores or minerals theresults of such determination as soon as practicable after making suchdetermination. Such services shall be performed by the department at therequest of a member of the general public at a reasonable charge.
(2)Perform geological surveys or analyses at the request of any state agency ifdepartment funding allows undertaking such surveys or analyses and may makereasonable charges for these services.
(3)Collect and exhibit specimens, samples and photographs, models and drawings ofappliances in the mines, mills and metallurgical plants of Oregon.
(4)Enter into contracts or agreements with the federal government or any agencythereof, pursuant to which the department shall operate or act as the agent ofthe federal government in the operation of a mineral assay service or similaranalytical service, the cost of which is to be reimbursed by the federalgovernment.
(5)Establish, equip and operate a geochemical laboratory which may:
(a)Make geochemical determinations at the request of any department, institutionor 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 theactual cost thereof. [1971 c.441 §4; 1973 c.180 §1; 1993 c.260 §3]
516.040 [Repealed by1971 c.441 §6]
516.045 [Repealed by1993 c.260 §12]
516.050 [Repealed by1993 c.260 §12]
516.060 [Repealed by1993 c.260 §12]
516.070Geology and Mineral Industries Account; subaccounts; sources; uses. (1) There isestablished in the General Fund of the State Treasury an account to be known asthe Geology and Mineral Industries Account. All moneys received by the StateDepartment of Geology and Mineral Industries shall be paid over to the StateTreasurer and by the State Treasurer deposited in the General Fund to thecredit of the account. All moneys within the account are continuouslyappropriated for the use of the department in carrying out its lawfulfunctions.
(2)The Federal Locatable Mineral Royalties Subaccount is established within theGeology and Mineral Industries Account. Notwithstanding subsection (1) of this section,all moneys received from the federal government by the State of Oregon as thestate’s distributive share of the amounts collected for royalties for locatableminerals shall be credited to the subaccount. All moneys in the FederalLocatable Mineral Royalties Subaccount are continuously appropriated to theState Department of Geology and Mineral Industries to conduct investigations ofnew 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 LocatableMineral Royalties Subaccount as provided in ORS 293.701 to 293.820. Interestfrom the moneys deposited in the subaccount and earnings from investment of themoneys in the subaccount shall be credited to the subaccount.
(4)The Mined Land Regulation and Reclamation Program Subaccount is establishedwithin the Geology and Mineral Industries Account. Notwithstanding subsection(1) of this section, all moneys received by the State Department of Geology andMineral Industries from fees assessed pursuant to ORS 517.800 shall be creditedto the subaccount. All moneys in the subaccount are continuously appropriatedto the department for the purpose of administering ORS 517.702 to 517.951. [Amendedby 1957 c.233 §1; 1961 c.671 §14; 1971 c.441 §5; 1993 c.260 §4; 1995 c.509 §1;2005 c.650 §2]
516.080Governing board; members; term; confirmation; meetings; compensation andexpenses; quorum.(1) The State Department of Geology and Mineral Industries shall beadministered by a governing board composed of five citizens of Oregon appointedby the Governor.
(2)(a)The term of office of each member is four years, but a member serves at thepleasure of the Governor. Before the expiration of the term of a member, theGovernor shall appoint a successor. A member is eligible for reappointment. Ifthere is a vacancy for any cause, the Governor shall make an appointment tobecome immediately effective for the unexpired term. The term of a board membershall continue until a successor has been appointed and confirmed.
(b)All appointments shall be made subject to approval by the Senate in the mannerprovided in ORS 171.562 and 171.565.
(3)The board shall hold meetings four times each year and special meetings may becalled by the chairperson or by a majority of the board.
(4)Each member of the board is entitled to compensation and expenses as providedin ORS 292.495.
(5)A majority of the members of the board constitutes a quorum for the transactionof business.
(6)The members of the State Department of Geology and Mineral Industries governingboard must be citizens of this state. The members chosen shall, to the greatestextent possible, represent all geographic regions of the state. [Amended by1961 c.167 §42; 1969 c.314 §61; 1969 c.695 §11; 1983 c.740 §204a; 1993 c.260 §5;2001 c.75 §1]
516.090General duties and powers of board; rules. (1) The governing board of theState Department of Geology and Mineral Industries shall:
(a)Direct and review the performance of the State Geologist and the StateDepartment of Geology and Mineral Industries in carrying out its duties andresponsibilities 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 and522.
(c)Establish policies and approve plans that lead to an understanding of geologyand mineral resources of the state, geologic processes and hazards andscientific, economic and tourism issues relating to geology and mineralindustries.
(d)At the discretion of the board, accept from the United States or any of itsagencies such funds as may be made available to this state for any of thepurposes contemplated by this chapter, and shall enter into such contracts andagreements with the United States or any of its agencies or with Oregon or anyof its agencies as may be necessary, proper and convenient, and not contrary tothe laws of this state.
(e)Review and approve budget requests of the department.
(2)The board may:
(a)In accordance with applicable provisions of ORS chapter 183, adopt rulesnecessary for the administration of the laws that the board is charged withadministering.
(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 inaccordance with the wishes of the donors, or, in the absence of specificinstructions by the donors, manage, use and dispose of the gifts and legaciesas may be deemed by the board for the best interest of the state. [Amended by1993 c.260 §6]
516.100Reports and publications of department. (1) The State Department of Geology andMineral Industries shall have prepared, printed and published reports,pamphlets, charts and maps, embracing the matters addressed in ORS 516.030 andORS chapters 517, 520 and 522. All maps, charts, special bulletins and otherpublications shall be for public distribution, but the department may make areasonable charge to cover publication and distribution costs.
(2)(a)When a report embodies results of surveys or studies of economic importance, noinformation of any kind concerning the contents of such report shall be givenout prior to publication, if such prior information could place the recipientin a preferential position as regards its use.
(b)Notwithstanding the provisions of paragraph (a) of this subsection, if aninvestigation of a mineral property or geologic hazard within the state is madeby an employee of the department at the request of either the owner or a personin control of such property, results of the investigation shall be conveyed tothe owner or person in control prior to the publication of a report of suchresults. After they have been conveyed to the owner or person, the resultsshall be open to public inspection prior to their publication. [Amended by 1975c.605 §26; 1993 c.260 §7; 2005 c.22 §373]
516.110 [Repealed by1993 c.260 §12]
516.120State Geologist; appointment; qualifications. (1) The position of StateGeologist within the State Department of Geology and Mineral Industries iscreated. In consultation with the Governor, the governing board of the StateDepartment of Geology and Mineral Industries shall appoint the State Geologist.
(2)The State Geologist shall be qualified to perform as well as to direct thetechnical and executive work of the department as determined by the board andshall be a geologist, engineer or other technical specialist with a broadbackground of practical experience related to programs of the department. [Amendedby 1963 c.192 §1; 1983 c.740 §205; 1993 c.260 §8]
516.130Duties of State Geologist; bond; employment of personnel; report to board. (1) The StateGeologist shall be covered by a bond as set forth in ORS 291.011.
(2)The State Geologist may employ qualified persons subject to any applicableprovisions of the State Personnel Relations Law.
(3)The State Geologist shall report to the governing board of the State Departmentof Geology and Mineral Industries as requested by the board concerning theadministration of the State Department of Geology and Mineral Industries.
(4)The State Geologist shall make every effort to complete promptly forpublication all notes, charts and maps covering mineral and geologicalinvestigations of the department, so that public distribution of same may takeplace as closely as possible after the completion of field investigations.
(5)The State Geologist shall have charge of, organize and supervise the work ofthe department and perform such other duties as may be necessary to carry outthe work of the department. [Amended by 1991 c.331 §74; 1993 c.260 §9]
516.133Prohibited activities; conflicts of interest. (1) No member of the staff ofthe State Department of Geology and Mineral Industries shall hold a directpecuniary interest in or accept compensation from an industry regulated by thedepartment.
(2)No member of the staff of the department shall:
(a)Hold a direct pecuniary interest in or accept compensation from any producingor prospective mineral operation of any kind of any entity that does businessin this state.
(b)Act as agent or broker for any purchaser, owner, or an agent of a purchaser orowner, of any mineral interest.
(c)Accept a commission for any service rendered during the period of employmentwith the department, if such service is concerned with mining, geology or anymineral industry that does business in this state.
(d)Make any investigation or report of any individual property in this state forpurposes 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 maycontrol 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 thissection 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 theprovisions of ORS chapter 244. [1993 c.260 §11]
516.135Avoidance of ground water resource contamination; department actions. (1) In carryingout its duties related to mineral resources, mineral industries and geology,the State Department of Geology and Mineral Industries shall act in a mannerthat is consistent with the goal set forth in ORS 468B.155.
(2)In order to assist in the development of a statewide repository of informationabout Oregon’s ground water resource, the department shall provide anyinformation, acquired by the department in carrying out its statutory duties,that is related to ground water quality to the centralized repositoryestablished pursuant to ORS 468B.167. [1989 c.833 §46]
516.140 [Repealed by1957 c.233 §2]
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