Title 43, Mineral Resources

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) “Mi…

There is created a State Department of Geology and Mineral Industries.

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 Oregon, including quadrangle ge…

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 Oregon. The department shall mail to the sender of such ore…

(1) The State Department of Geology and Mineral Industries may impose and collect a surcharge as a percentage of each invoice generated by the department’s electronic permitting system. The surcharge percentage rate is 10.7 percent. (2)(a) Notwithstanding subsection (1) of this s…

(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 Treasu…

(1) The State Department of Geology and Mineral Industries shall be administered by a governing board composed of five citizens of Oregon appointed by the Governor. (2)(a) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before…

(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 chapte…

(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 …

(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 Geologis…

(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…

(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 inte…

(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 sta…

The Legislative Assembly finds and declares that: (1) Mining contributes to the economy and well-being of the people of Oregon. Mining creates high-paying jobs in parts of this state that, due to a lack of infrastructure and development, are less likely to be capable of diversify…

(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 lo…

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 lo…

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)

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]

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 a…

(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…

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 locatio…

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 be…

(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 …

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, …

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.

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, su…

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…

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 the…

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 minera…

The Legislative Assembly finds that prospecting, small scale mining and recreational mining: (1) Are important parts of the heritage of the State of Oregon; and (2) Provide economic benefits to the state and local communities. [1999 c.354 §2; 2013 c.783 §10] Note: See note under …

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.

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.

(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 bu…

(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 mi…

(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 subsect…

The Legislative Assembly finds that: (1) Prospecting, small scale mining and recreational mining are part of the unique heritage of the State of Oregon. (2) Prospecting, small scale mining and recreational mining provide economic benefits to the State of Oregon and local communit…

(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, ex…

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…

(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, …

Within 30 days after the performance of labor or making of improvements, or making federal fee payments required by law to be annually performed or made upon any mining claim, the person in whose behalf such labor was performed or improvement or payment was made, or someone in be…

The affidavit described in ORS 517.210, when so recorded, or a duly certified copy thereof, is prima facie evidence of the facts therein stated. Failure to file such affidavit within the prescribed time is prima facie evidence that such labor has not been done. The fee for record…

Whenever any quartz or placer mines are owned by one or more persons, or are owned in common by any persons, any person owning any legal or equitable interest in the mines may perform the annual assessment work upon them which is required by the laws of the United States and Oreg…

Upon failure of any co-owner of any mine to contribute that co-owner’s proportion of expenditures required in assessment work, or to perform or pay for such proportion, the co-owners who performed or caused to be performed the labor or assessment work, may, at the expiration of t…

The notice shall be in writing and signed by the co-owner who performed or caused to be performed the assessment work. It shall be served upon the delinquent co-owner personally by the sheriff of the county in which the mine is situated, if the delinquent co-owner is within the c…

If the notice is served by any sheriff as provided in ORS 517.250, the sheriff shall make return by filing the notice with the return showing service with the county recorder, or if there is none, with the county clerk, for the county within which the mine is situated. If persona…

If at the expiration of 90 days from the date of personal service of the notice upon the delinquent co-owner or from the date of the last publication of the notice, the delinquent co-owner has not paid the proportion of the delinquent co-owner to the co-owners who performed or ca…

The co-owners who performed the assessment work may file with the county clerk of the county where the mine is situated, their affidavits that the payment has not been made. Upon the filing of such affidavits, the clerk shall record the notice, proof of service and affidavits in …

The certificate described in ORS 517.280 shall not be issued until the co-owners entitled to it pay to the clerk a fee as set by ORS 205.320. [Amended by 1971 c.621 §35; 1975 c.607 §38; 1979 c.833 §33; 1991 c.230 §31]

(1) A certificate issued as provided in ORS 517.280 shall be equivalent to a deed from a delinquent co-owner of all the interest of the delinquent co-owner in and to all mines described in the notice, and shall convey the interest of the delinquent co-owner in the premises to the…

The certificate given by the county clerk shall be recorded in the office of the officer issuing it, upon payment of the fee established under ORS 205.320. The officer shall record and index the certificates in the Mineral and Mining Record. Such indexing and recording shall have…