2007 Oregon Code - Chapter 516 :: TITLE 43
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
2007 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
(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
(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 earths 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
(5) Cooperate with federal or other
agencies for the performance of work in
(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
(9) Make qualitative examinations of
rocks, mineral samples and specimens.
(10) Study minerals and ores, additional
uses for the states 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
(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
(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. [1971 c.441 §4;
1973 c.180 §1; 1993 c.260 §3]
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
(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
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
(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.
(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]
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 Oregons 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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