US Laws, Codes, Statutes & Cases

Chapter 517 — Mining and Mining Claims

 

2007 EDITION

 

MINING AND MINING CLAIMS

 

MINERAL RESOURCES

 

MINING CLAIMS

 

(Veins or Lodes)

 

517.010     Location of mining claims upon veins or lodes

 

517.030     Recording copy of location notice; fee

 

517.040     Abandoned claims

 

(Placer Deposits)

 

517.042     “Legal subdivision” defined for ORS 517.042 to 517.052

 

517.044     Location of claims upon placer deposits; posting notice

 

517.046     Marking boundaries of claim or locating by legal subdivisions

 

517.052     Recording copy of location notice; fee

 

(General Provisions)

 

517.060     Correcting defective notice of location

 

517.065     Effect of noncompliance with law in locating claim

 

517.070     Certain locations subject to prior rights

 

517.080     Mining claims as realty

 

517.090     Application to claims of law governing transfers and mortgages of realty

 

517.100     Sums payable on redemption of claim; interest

 

517.110     Grubstaking contracts

 

PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

 

517.120     Definitions for ORS 517.120 to 517.133

 

517.123     Legislative findings

 

517.125     Rules to be adopted in consultation with affected parties

 

517.128     Restricting access to open mining area or mining claim prohibited

 

517.130     Mineral trespass

 

517.133     Interfering with a mining operation

 

517.135     Exemption from crimes of mineral trespass and interfering with a mining operation

 

MILLSITES

 

517.160     Location of nonmineral land as millsite; notice; fee

 

EXTINGUISHING DORMANT MINERAL INTEREST

 

517.170     Policy

 

517.180     Procedure for extinguishing dormant mineral interest

 

ASSESSMENT WORK

 

517.210     Recording affidavit of annual compliance

 

517.220     Affidavit or lack thereof as evidence; recording fee

 

517.230     Performance of assessment work by coowners

 

517.240     Failure of coowner to contribute; notice

 

517.250     Form of notice; service; publication

 

517.260     Notice; return and proof of service

 

517.270     Vesting of interest of delinquent coowner

 

517.280     Certificate of ownership; issuance

 

517.290     Fee for certificate

 

517.300     Effect of certificate; certified copy of certificate, notice and return admissible as evidence

 

517.310     Recording and indexing certificate; fee; effect

 

517.320     Counteraffidavits of delinquent owner; suit to quiet title; judgment

 

517.330     Accounting for fees

 

MINING LEASES

 

517.430     Use of timber by lessee

 

517.440     Lessee, licensee, or operator of mine deemed bailee of yield until payment of lessor and workers

 

MINERAL EXPLORATION

 

517.702     Legislative findings

 

517.705     Exploration permit; application; information required; confidentiality of production records, mineral assessments or trade secrets

 

517.710     Fees

 

517.715     Exemptions from permit requirement

 

517.720     Persons with operating permit exempted

 

517.725     Department inspection of exploration site

 

517.730     Drill hole or well abandonment; rules

 

517.735     Exploration on land administered by Department of State Lands

 

517.740     Rules

 

RECLAMATION OF MINING LANDS

 

(Generally)

 

517.750     Definitions for ORS 517.702 to 517.989

 

517.755     Mining operations affecting more than five acres

 

517.760     Policy

 

517.770     Exemptions from reclamation requirements

 

517.775     Permit fee for certain landowners and operators; erosion stabilization at limited exempt site

 

517.780     Effect on local zoning laws or ordinances; rules; certain operations exempt

 

517.790     Operating permit required for surface mining on certain lands; application for permit; proposed reclamation plans; waiver of requirement for preparation and approval of reclamation plan; refusal to issue operating permit

 

517.795     Department to consult with and cooperate with other agencies

 

517.800     Fees; rules

 

517.810     Requirement for bond or security; rules; other security in lieu of bond

 

517.815     Reclamation bond pooling program; requirements; rules

 

517.820     Extensions of time for submission of proposed reclamation plans; time limit for reclamation completion; consultation with state agencies

 

517.830     Inspection of operating site; approval of application for operating permit; effect of failure to approve or refusal to approve reclamation plan; appeal from denial of plan; consolidated application process

 

517.831     Modification of operating permit or reclamation plan; opportunity for alternative dispute resolution

 

517.832     Emergency operating permit; rules

 

517.833     Transfer of operating permit; rules

 

517.834     Temporary operating permit; rules

 

517.835     Conditions on operating permit or reclamation plan to prevent impact on ground water

 

517.836     Surveying or marking surface mining operations; rules

 

517.837     Annual report by permittee; rules

 

517.840     Administration and enforcement of ORS 517.702 to 517.989; rules

 

517.850     Inspection of permit area

 

517.855     Disruption of portion of mining property preserved from mining

 

517.860     Effect of failure to comply with operating permit or reclamation plan; department may perform work and assess costs against bond or security

 

517.862     Revocation, termination or refusal to renew operating permit

 

517.865     Effect of failure to perform reclamation and insufficient bond; lien; notice; priority; foreclosure

 

517.870     Adjustment of bond or security of operator upon satisfactory completion of reclamation work

 

517.880     Order for suspension of surface mining operation operating without required permit; enjoining operation upon failure of operator to comply; completion of reclamation by department

 

517.890     Review of final determination

 

517.901     Confidentiality of production records, mineral assessments and trade secrets

 

(Nonaggregate Mineral Surface Mines)

 

517.905     Applicability of ORS 517.910 to 517.989

 

517.910     Definitions for ORS 517.910 to 517.989

 

517.915     Additional operating permit requirements for nonaggregate mineral mines; denial of permit if reclamation not possible

 

517.920     Permit application fees under ORS 517.910 to 517.989

 

517.925     Time limit for action on permit application

 

517.930     Department inspection

 

517.935     Limit on reclamation lien by department against nonaggregate mineral operator

 

517.940     Reclamation expenditure by department

 

517.950     Bond or security deposit for nonaggregate mineral operating permit

 

517.951     Legislative intent not to assume exclusive jurisdiction

 

CHEMICAL PROCESS MINING

 

(Generally)

 

517.952     Definitions for ORS 517.702 to 517.989

 

517.953     Policy

 

517.954     Application of ORS 517.952 to 517.989

 

(Chemical Process Mines)

 

517.956     Standards for chemical process mining operation; rules

 

517.957     Department coordination of activities of affected agencies

 

517.958     Compliance with preapplication process; purpose

 

517.959     Public notice requirements for ORS 517.952 to 517.989; fees

 

517.961     Notice of intent to submit application; posting of notice

 

517.963     Department duties upon receipt of notice of intent

 

517.965     Project coordinating committee

 

517.967     Technical review team

 

517.969     Collection of baseline data; public informational meetings; collection methodology

 

517.971     Consolidated application

 

517.973     Fees; payment of expenses of department and permitting and cooperating agencies

 

517.975     Distribution of completed consolidated application; notice of receipt of application

 

517.977     Preparation of draft permits; public hearing; determination of completeness of consolidated application

 

517.978     Review of application; additional information

 

517.979     Environmental evaluation; review of baseline data; payment of costs of third party contractor

 

517.980     Socioeconomic impact analysis

 

517.981     Draft permit and permit conditions; denial of permit; time limits; public hearing on draft permit

 

517.982     Final permits; permit conditions submitted by cooperating agencies

 

517.983     Consolidated contested case hearing; judicial review; stay of permit

 

517.984     Modification of permit; project coordinating committee

 

517.985     Rulemaking

 

517.986     Time limit for final action on permit subject to consolidated application process

 

517.987     Reclamation bond or security; annual assessment of cost of reclamation; lien; release of security; post-reclamation security

 

517.988     Permit conditions by State Department of Fish and Wildlife; violations of State Department of Fish and Wildlife conditions

 

517.989     Statutes and rules applicable to consolidated application

 

PENALTIES

 

517.990     Criminal penalties

 

517.992     Civil penalties; rules

 

MINING CLAIMS

 

(Veins or Lodes)

 

      517.010 Location of mining claims upon veins or lodes. (1) Any person, a citizen of the United States, or one who has declared an intention to become such, who discovers a vein or lode of mineral-bearing rock in place upon the unappropriated public domain of the United States within this state, may locate a claim upon such vein or lode by posting thereon a notice of such discovery and location. The notice shall contain:

      (a) The name of the lode or claim.

      (b) The names of the locators.

      (c) The date of the location.

      (d) The number of linear feet claimed along the vein or lode each way from the point of discovery, with the width on each side of the lode or vein.

      (e) The general course or strike of the vein or lode as nearly as may be, with reference to some natural object or permanent monument in the vicinity, and by defining the boundaries upon the surface of each claim so that the same may be readily traced.

      (2)(a) Such boundaries shall be marked within 30 days after posting of such notice by four substantial posts, projecting not less than three feet above the surface of the ground, and made of wood measuring not less than one and one-half inch by one and one-half inch, or by substantial mounds of stone, or earth and stone, at least two feet in height, one such post or mound of rock at each corner of such claims.

      (b) During the course of normal maintenance of the claim location posts or monuments, any post that requires replacement and is not constructed of naturally occurring materials shall be replaced by posts that are made of wood measuring not less than one and one-half inch by one and one-half inch on a side and that project not less than three feet above the surface of the ground.

      (3) At such time as any lode mining claim is declared invalid by the United States Department of the Interior, Bureau of Land Management or is otherwise dropped by the last claim holder of record without transfer through lease or sale to another person, all claim location posts not made of natural materials shall be removed from the public domain of the United States and at the same time any post made of natural materials shall be removed or dismantled. [Amended by 1991 c.215 §1]

 

      517.020 [Repealed by 1971 c.228 §1]

 

      517.030 Recording copy of location notice; fee. The locator shall, within 60 days from the posting of the location notices by the locator upon the lode or claim, record with the clerk of the county where the claim is situated, who shall be the custodian of mining records and miners’ liens, a copy of the notice posted by the locator upon the lode or claim and shall pay the clerk a fee for such recording as provided in ORS 205.320, which sum the clerk shall immediately pay over to the treasurer of the county and shall take a receipt therefor, as in case of other county funds coming into the possession of such officer. The clerk shall immediately record the location notice. [Amended by 1971 c.228 §2; 1971 c.621 §33; 1973 c.598 §4; 1975 c.607 §36; 1979 c.833 §31; 1991 c.230 §25; 1999 c.654 §28]

 

      517.040 Abandoned claims. Abandoned claims are unappropriated mineral lands, and titles thereto shall be obtained as specified in ORS 517.010 and 517.030, without reference to any work previously done thereon.

 

(Placer Deposits)

 

      517.042 “Legal subdivision” defined for ORS 517.042 to 517.052. As used in ORS 517.042 to 517.052, unless the context requires otherwise, “legal subdivision” means a subdivision of a state survey or of a United States survey which has been extended over the geographic area to be described. [1961 c.525 §1]

 

      517.044 Location of claims upon placer deposits; posting notice. Any individual, a citizen of the United States, or one who has declared an intention to become such, who discovers a placer deposit of minerals upon the unappropriated public domain of the United States within this state, which minerals are subject to location under the mineral and mining laws of the United States, may locate a placer claim thereon by posting in a conspicuous place thereon a notice of such discovery and location. The notice shall contain:

      (1) The name of the claim.

      (2) The name of the individual or individuals locating the claim.

      (3) The date of the location of the claim.

      (4) The number of feet or acres claimed, together with a description, either by legal subdivisions, if practicable, or if not, then by reference to some natural object or permanent monument in the vicinity of the claim, which will identify the claim located. [1961 c.525 §2]

 

      517.046 Marking boundaries of claim or locating by legal subdivisions. (1) Unless the claim for placer deposit referred to in ORS 517.044 is located by legal subdivisions, the surface boundaries of the claim must be marked so that the same may be readily traced. Such boundaries shall be marked within 30 days after the posting of the notice described in ORS 517.044 by substantial posts or other monuments of the same size, materials and dimensions as in the case of quartz claims. The boundaries of the claim shall be marked at each corner or angle, and, when any side or end of the claim extends for more than 1,320 feet without a corner or angle, then at intervals of not less than 1,320 feet along such side or end.

      (2) Where the claim for placer deposit referred to in ORS 517.044 is taken by legal subdivisions, no other reference in the notice of claim required to be posted and filed under the provisions of ORS 517.042 to 517.052 than to the legal subdivisions shall be required and the boundaries of a claim so located and described need not be staked or monumented. The description by legal subdivisions in the notice required to be filed under ORS 517.052 shall be deemed the equivalent of marking the surface boundaries of the claim. [1961 c.525 §3]

 

      517.048 [1961 c.525 §4; repealed by 1971 c.228 §1]

 

      517.050 [Renumbered as part of 517.065]

 

      517.052 Recording copy of location notice; fee. The individual locating a placer deposit shall, within 60 days from the posting of the location notice upon the claim, record with the clerk of the county where the claim is situated, a copy of the notice posted by the individual upon the claim. The fee for recording such location notice shall be the fee provided for in ORS 205.320. The clerk shall immediately record the location notice. [1961 c.525 §5; 1971 c.228 §3; 1991 c.230 §26; 1999 c.654 §29]

 

(General Provisions)

 

      517.060 Correcting defective notice of location. If at any time an individual who has located a mining claim within the meaning of ORS 517.010 or 517.044, or the assigns of the individual, apprehends that the original notice of location of the mining claim was defective, erroneous, or that the requirements of the law had not been complied with before the filing of the notice, such locator or assigns may post and record in the manner now provided by law, an amended notice of the location which shall relate back to the date of the original location. However, the posting and recording of the amended notice of location shall not interfere with the existing rights of others at the time of posting the amended notice. [Amended by 1961 c.525 §7; 1991 c.230 §27]

 

      517.065 Effect of noncompliance with law in locating claim. (1) Subject to ORS 517.060, all locations or attempted locations of quartz mining claims subsequent to December 31, 1898, that do not comply with ORS 517.010 and 517.030 are void.

      (2) Except as provided in ORS 517.060, all locations or attempted locations of placer mining claims made after August 9, 1961, that do not comply with the provisions of ORS 517.042 to 517.052 are void. [Subsection (1) formerly 517.050; subsection (2) enacted as 1961 c.525 §6]

 

      517.070 Certain locations subject to prior rights. Any location of any mining claim made upon any natural stream, or contiguous or near to any placer mine, or upon or below the dump of any placer mine, shall be subject to the prior right of all mines in operation prior to the making of such location, to discharge debris, gravel, earth, and slickens which were or may be discharged at the time of making such subsequent location.

 

      517.080 Mining claims as realty. All mining claims, whether quartz or placer, are real estate. The owner of the possessory right thereto has a legal estate therein within the meaning of ORS 105.005.

 

      517.090 Application to claims of law governing transfers and mortgages of realty. All conveyances of mining claims or of interests therein, either quartz or placer, whether patented or unpatented, are subject to the provisions governing transfers and mortgages of other realty as to execution, recordation, foreclosure, execution sale and redemption. However, such redemption by the judgment debtor must take place within 60 days from date of confirmation, or such right is lost. [Amended by 2003 c.14 §339]

 

      517.100 Sums payable on redemption of claim; interest. In case of redemption from sale under judgment, the redemptioner shall pay such sums as are now required by law for redemption under execution sale, and such additional sum as may have been expended upon the property so redeemed by the purchaser under execution, or the assigns of the purchaser, in order to keep alive the possessory right thereto after the execution sale, not exceeding $100 for each claim, with 10 percent interest thereon from date of such expenditures. [Amended by 2003 c.576 §466]

 

      517.110 Grubstaking contracts. All contracts of mining copartnership, commonly known as “grubstaking,” shall be in writing, and recorded with the clerk of the county wherein the locations thereunder are made. Unless contracts of mining copartnership contain the names of the parties thereto and the duration thereof, the contracts are void. [Amended by 1991 c.230 §28]

 

PROSPECTING, SMALL SCALE MINING AND RECREATIONAL MINING

 

      517.120 Definitions for ORS 517.120 to 517.133. As used in ORS 517.120 to 517.133:

      (1) “Mining” means the removal of gold, silver or other precious minerals from aggregate or a vein of ore.

      (2) “Mining claim” means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United States Bureau of Land Management and given an identification number.

      (3) “Prospecting” means to search or explore, using motorized or nonmotorized methods, for samples of gold, silver or other precious minerals from among small quantities of aggregate or ore.

      (4) “Recreational mining” means mining in a manner that is consistent with a hobby or casual use, including use on public lands set aside or withdrawn from mineral entry for the purpose of recreational mining, or using pans, sluices, rocker boxes, other nonmotorized equipment and dredges with motors of 16 horsepower or less and a suction nozzle of four inches or less in diameter.

      (5) “Small scale mining” means mining on a valid federal mining claim operating under a notice of intent or plan of operations while using whatever equipment is necessary, as approved by the notice of intent or plan of operations, to locate, remove and improve the claim. [1999 c.354 §1]

 

      Note: 517.120 to 517.135 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      517.123 Legislative findings. The Legislative Assembly finds that prospecting, small scale mining and recreational mining:

      (1) Are important parts of the heritage of the State of Oregon;

      (2) Provide economic benefits to the state and local communities; and

      (3) Can be conducted in a manner that is not harmful and may be beneficial to fish habitat and fish propagation. [1999 c.354 §2]

 

      Note: See note under 517.120.

 

      517.125 Rules to be adopted in consultation with affected parties. Any rule pertaining to recreational or small scale mining adopted after June 28, 1999, shall be adopted in consultation with affected parties. [1999 c.354 §3]

 

      Note: See note under 517.120.

 

      517.128 Restricting access to open mining area or mining claim prohibited. A person may not attempt to restrict access to any open mining area or valid mining claim or to harass or interfere in any way with a person engaged in lawful mining activities. [1999 c.354 §4]

 

      Note: See note under 517.120.

 

      517.130 Mineral trespass. (1) As used in this section:

      (a) “Bedrock sluice” means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands.

      (b) “Deface” includes but is not limited to altering, pulling down, damaging or destroying.

      (c) “Dredge” means a subsurface hose from 1.5 to 10 inches in diameter that is powered by an engine and is used to draw up auriferous material that is then separated in the sluice portion of the unit.

      (d) “Flume” means a trough used to convey water.

      (e) “Quartz mill” means a facility for processing ores or gravel.

      (f) “Rocker box” means a unit constructed of a short trough attached to curved supports that allow the unit to be rocked from side to side.

      (g) “Sluice box” means a portable unit constructed of a wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover heavy mineral sands.

      (2) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder:

      (a) Enters a mining claim posted as required in ORS 517.010 or 517.044 and disturbs, removes or attempts to remove any mineral from the claim site;

      (b) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill or other mining equipment at a posted mining claim; or

      (c) Defaces a location stake, side post, corner post, landmark, monument or posted written notice within a posted mining claim.

      (3) Mineral trespass is a Class C misdemeanor. [1999 c.354 §5]

 

      Note: See note under 517.120.

 

      517.133 Interfering with a mining operation. (1) As used in this section, “lawful mining operation” means any small scale mining operation that is in full compliance with state and federal laws.

      (2) A person commits the crime of interfering with a mining operation if the person intentionally:

      (a) Interferes with a lawful mining operation; or

      (b) Stops, or causes to be stopped, a lawful mining operation.

      (3) Interfering with a mining operation is a Class C misdemeanor. [1999 c.354 §6]

 

      Note: See note under 517.120.

 

      517.135 Exemption from crimes of mineral trespass and interfering with a mining operation. (1) ORS 517.128 to 517.133 do not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

      (2) As used in subsection (1) of this section, “laws or judicial decrees” includes but is not limited to:

      (a) Laws defining duties and functions of public servants;

      (b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and

      (c) Judgments and orders of courts. [1999 c.354 §7]

 

      Note: See note under 517.120.

 

MILLSITES

 

      517.160 Location of nonmineral land as millsite; notice; fee. (1) The proprietor of a vein or lode, or placer claim, or the owner of a quartz mill or reduction works, may locate not more than five acres of nonmineral land as a millsite. Such locations shall be made in the same manner as provided in ORS 517.044 for locating placer claims, except that no discovery or location work is required. Where a millsite is appurtenant to a mining claim, either lode or placer, the notice of location of such millsite shall describe by appropriate reference the mining claim to which it is appurtenant.

      (2) The locator of a millsite shall, within 30 days from the date of posting a notice thereon, record a copy thereof with the same county officer. The fee for recording such location notice shall be the fee provided for in ORS 205.320. Such location notices shall be recorded in the same manner as location notices of quartz or placer claims but need have no affidavit of location work attached. [1963 c.123 §1; 1999 c.654 §30]

 

EXTINGUISHING DORMANT MINERAL INTEREST

 

      517.170 Policy. It is in the interest of the State of Oregon to provide a mechanism for the removal of dormant encumbrances on property which prevent a landowner from using or developing that property in a manner which contributes to the economy and increases the state’s tax base. [1983 c.421 §1]

 

      517.180 Procedure for extinguishing dormant mineral interest. (1) An owner of land in which another person holds a mineral interest, may extinguish the holder’s interest by publishing notice and submitting an affidavit of publication for recording as described in subsections (4) to (9) of this section, unless:

      (a) Within the last 30 years, the holder of the mineral interest has submitted a statement of claim for recording in the manner set out in subsection (3) of this section; or

      (b) The holder of the mineral interest acquired the mineral interest within the previous 30 years.

      (2) For the purposes of this section:

      (a) “Mineral interest” includes any interest that is created by an instrument transferring, either by grant, assignment, reservation or otherwise, an interest of any kind in coal, oil, gas or other minerals and geothermal resources, except an interest vested in the United States, the State of Oregon or a political subdivision of the State of Oregon. A mineral interest does not include an interest in sand or gravel.

      (b) “Owner of land” includes a vested fee simple owner or a contract purchaser.

      (3) The statement of claim referred to in subsection (1) of this section shall be submitted for recording in the office of the clerk of the county in which the land affected by the mineral interest is located and shall contain: