Oregon Administrative Code

632-037-0080 Notice to Proceed (1) Within ten days after receiving a consolidated application, the Department shall provide a copy of the application to each affected local government, permitting agency, cooperating agency and federal agency. For the purposes of this section, "af…

632-037-0085 Environmental Evaluation (1) The purpose of an environmental evaluation shall be to address specific impacts of a mining operation in order to allow affected agencies to make decisions on whether to issue or deny a permit and develop permit conditions. It shall provi…

632-037-0090 Socioeconomic Impact Analysis (1) Concurrent with the development of an environmental evaluation, the Department shall direct staff or hire a third party contractor to prepare a socioeconomic impact analysis. The analysis shall include but not be limited to an identi…

632-037-0095 Permitting Agency Action on a Consolidated Application (1) Within 225 days of the issuance of a Notice to Proceed and not sooner than 60 days after the submittal of a complete environmental evaluation, each permitting agency shall submit to the Department its draft p…

632-037-0100 Cooperating Agency Action on a Consolidated Application (1) At least 30 days before the issuance of draft permits, each cooperating agency shall submit to the Department: (a) Written concurrence or non-concurrence with the terms and conditions of the draft operating …

632-037-0105 Consolidated Public Hearing; Final Permits (1) Within 15 days of receiving all draft permits and the completion of its draft operating permit, the Department shall issue public notice of the date and location of a consolidated public hearing and period for written co…

632-037-0110 Appeals; Consolidated Contested Case Hearing (1) The applicant or any person who appeared before a permitting agency at the consolidated public hearing, either orally or in writing, may file with the State Geologist a written request for a consolidated contested case…

632-037-0115 Judicial Review (1) A petition for judicial review of a permitting agency's issuance or denial of a permit must be filed with the Supreme Court within 60 days following the date the permit is issued or denied following the entry of an order subsequent to a consolidat…

632-037-0118 Best Available Practicable and Necessary Technology (1) Chemical process mining including extraction, processing, and reclamation, must be undertaken in a manner that minimizes environmental damage through the use of the best available, practicable, and necessary tec…

632-037-0120 Mine Operation Standards The Department shall require a mining operation to comply with the following mine operation standards: (1) Mine facilities have been designed to handle the 100-year, 24-hour precipitation event, at a minimum. (2) An interim vegetative cover o…

632-037-0125 Fish and Wildlife Standards The Department shall require a mining operation to comply with protection standards for fish and wildlife consistent with policies of the Department of Fish and Wildlife, including: (1) Protective measures to maintain an objective of zero …

632-037-0130 Reclamation and Mine Closure Standards The Department shall require a mining operation to comply with reclamation and mine closure standards utilizing the best available, practicable and necessary technology to ensure compliance with environmental standards. The recl…

632-037-0135 Financial Security (1) A reclamation bond or alternative security acceptable to the Department shall be posted before the start of any construction, excavation or other ground disturbing activity associated with mining operations, other than baseline data collection.…

632-037-0140 Obtaining Financial Security Release (1) Upon completion of full reclamation, the permittee shall submit to the Department a written request for the release of its financial security. (2) If a permittee has conducted concurrent reclamation or partial reclamation foll…

632-037-0145 Permit Modifications (1) The permittee, the Department, or any other permitting or cooperating agency may request the modification of a permit issued under the consolidated application process at any time. (2) If a permitting agency is requested to make a permit modi…

632-037-0150 Civil Penalties (1) In addition to any other sanctions authorized by law, the Governing Board of the Department may impose a civil penalty as authorized by ORS 517.992 (2) The Department shall provide a written warning of its intent to impose a civil penalty at least…

632-037-0155 Fees (1) Permit fees are established in ORS 517.973. Pursuant to ORS 517.793, a prospective applicant or applicant also must pay the Department and permitting and cooperating agencies for all expenses incurred relating to the processing and evaluation of the consolid…

632-038-0005 Purpose The rules in this division implement the provision of ORS 517.840(1)(e) in accordance with the legislative policies for mined land reclamation established by ORS 517.760. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(…

632-038-0010 Applicability The rules in this division apply to mined land reclamation except for activities related to chemical process mining regulated under OAR 632, division 037. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History…

632-038-0020 Definitions As used in OAR 632-032-0005 to 632-032-0060, unless the context indicates otherwise: (1) “Board” means the Governing Board of the Department of Geology and Mineral Industries. (2) “Concurrent native reclamation” means reclamation of disturbed land that oc…

632-038-0030 Qualifying Reclamation Practices A reclamation practice may be considered for an incentive under OAR 632-038-0050 if it meets one or more of the following criteria: (1) Concurrent or final reclamation that enhances habitat for threatened or endangered species or spec…

632-038-0050 Application Procedures Any person seeking incentives shall apply in writing on a form prescribed by the department. Statutory/Other Authority: ORS 517.840(1)(E) Statutes/Other Implemented: ORS 517.840(1)(E) History: GMI 1-1995, f. & cert. ef. 1-5-95

632-038-0060 Incentives The department, at its discretion, may provide one or more of the following incentives for qualifying reclamation practices. (1) Release to the press and published notice in Oregon Geology of the qualifying practice and responsible persons. (2) Nomination …

632-038-0070 Grants To the extent that funds are available from sources identified in ORS 516.090(2) or voluntary settlements of enforcement actions and there is a legislative approval of expenditures, the board may award grants for qualifying reclamation practices. Statutory/Oth…

632-038-0080 Coordination with Private Incentive Programs The department may cooperate with private foundations, industry associations, or other entities with respect to the establishment and administration of awards or incentive programs that promote mined land reclamation in a …

635-001-0000 Notification of Interested Persons of Proposed Rules Prior to the adoption, amendment, or repeal of any permanent rule, the Department shall give notice of the proposed action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least twenty-one (2…

635-001-0005 Model Rules of Procedure The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General and in effect January 1, 2024 are hereby adopted as the rules of procedures of the Fish and Wildlife Commission and the Department of Fi…

635-001-0010 Legal Notice Mailing List and Fee Any person requesting in writing to be placed on the mailing list (as required by subsection (6) of ORS 183.335) to receive copies of each Department of Fish and Wildlife notice of intended rule making action given pursuant to paragr…

635-001-0020 Commission Policy on Advisory Bodies The Commission shall, consistent with state law: (1) Consider appointment of minorities and women to fill vacancies so that advisory bodies are representative of the population served, to the extent possible. (2) Develop a system …

635-001-0025 Civil Damages (1) It is the policy of the Commission that the Director may institute suit for the recovery of damages for the unlawful taking or killing of wildlife pursuant to ORS 496.705. (2) In deciding whether to institute suit against a person convicted of unlaw…

635-001-0030 Rendering Recompensable Assistance to Other State Agencies The Department shall: (1) Track and prepare statements each fiscal year reporting the number of hours spent by department personnel performing recompensable assistance for any executive department agency, inc…

635-001-0035 Sampling Data and Tag Recovery It is unlawful for any person licensed by the Department of Fish and Wildlife to fail to comply with the directions of authorized Department personnel related to the collection of sampling data or material (e.g., tissue and blood sample…

635-001-0050 License Refunds Reserving Number Statutory/Other Authority: ORS 293.445 Statutes/Other Implemented: ORS 293.445 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 125-2011, f. & cert. ef. 9-8-11 Reverted to FWC 81-1994, f. & cert. ef. 10-26-94 DF…

635-001-0055 License Exchanges Reserving Number Statutory/Other Authority: ORS 293.445 Statutes/Other Implemented: ORS 293.445 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 DFW 125-2011, f. & cert. ef. 9-8-11

635-001-0060 Tribal I.D. Requirements Reserving Number Statutory/Other Authority: ORS 497 Statutes/Other Implemented: ORS 497 History: DFW 160-2018, amend filed 10/18/2018, effective 01/01/2019 FWC 102-1987, f. 12-16-87, ef. 1-1-88

635-001-0070 Agency Representation by Employee (1) Subject to the approval of the Attorney General, an officer or employee of the Department, designated by the Director, is authorized to represent the Department in contested case hearings concerning: (a) Suspension from the Lando…

635-001-0100 Definition For the purpose of ORS 498.279, “competition or contest in which prizes are offered” means any event where the total value of all cash or merchandise awards exceeds $25. Statutory/Other Authority: ORS 183, 299 & 496 Statutes/Other Implemented: ORS 183, 299…

635-001-0105 Bass and Walleye Fishing Tournaments Black bass or walleye fishing tournaments are subject to provisions of ORS 498.279 and the following rules: (1) Permit Application and Processing; General Provisions. (a) The Department will accept applications for bass tournament…

635-001-0110 Pikeminnow Fishing Derby In accordance with Senate Bill 958 (2015), an organizer of a fishing derby for Northern pikeminnow (Ptychocheilus oregonensis) may request a free derby license from the Oregon Department of Fish and Wildlife (Department) with the following re…

635-001-0116 Game Fish Tournaments In accordance with ORS 498.286 (2), when a prize is offered that exceeds $1,000 for the amount, quality, size, weight or other physical characteristic of a game fish taken, other than black bass or walleye, the following restrictions apply: (1) …

635-001-0150 Purpose The purpose of these rules is to establish the process and requirements for hunters to be awarded controlled hunt preference points (preference points) as an alternative to cash for providing information to the Oregon State Police (OSP) and Oregon Hunters Ass…

635-001-0155 Individual Participation A person is eligible to receive preference points provided the person: (1) Provides information that OSP determines led to an arrest or citation issued for the unlawful take, possession, or waste of antelope, bear, cougar, deer, elk, moose, m…

635-001-0160 Preference Points Awarded (1) Preference points awarded vary by species involved in the violation as follows: Species/Preference Points Awarded (a) Mountain (Bighorn) Sheep/5 Points (b) Mountain Goat/5 Points (c) Moose/5 Points (d) Wolf/5 Points (e) Elk/4 Points (f) …

635-001-0165 Process for Awarding Preference Points (1) If OSP determines information provided by the person(s) led to an arrest or citation, the officer sends the “Request for Reward” form to the OSP Salem Headquarters (HQ). (2) OSP HQ staff will review the request report and if…

635-001-0200 Wildlife Law Violator Compact — Purpose The purpose of these rules is to provide standards and procedures for license suspension and revocation required under the Wildlife Violator Compact (Compact), and to identify the Compact Administrator to the Board of Compact A…

635-001-0205 Definitions The Wildlife Violator Compact, ORS 496.715, defines “suspension” to include any revocation, denial or withdrawal of any or all license privileges. However, to insure consistency with other applicable law, the terms “revocation” and “suspension” as used in…

635-001-0210 Standard for License Suspension or Revocation (1)(a) Upon receipt of the following information from a party state to the Compact, the Director shall initiate license suspension proceedings in accordance with OAR 635-001-0215: (b) That a person has failed to comply wi…

635-001-0215 Procedures to Suspend or Revoke (1) When the Director is notified of a failure to comply with the terms of a citation from the licensing authority of a party state, the Director shall initiate license suspension proceedings in accordance with this section. (2) When t…

635-001-0220 Compact Administrator For the purposes of Article VII of the Wildlife Violator Compact referred to in ORS 496.750 the Administrative head of the Oregon State Police Game Enforcement unit, or his or her designee, shall be the Compact Administrator for the State of Ore…

635-001-0230 Payment of R&E Revenues to Watershed Improvement Grant Fund In accordance with Chapter 8, Oregon Laws 1997, $1,000,000 of revenues from surcharges on recreational licenses deposited to the Restoration and Enhancement Fund shall be paid to the Watershed Improvement Gr…