reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.580 - Definitions for ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910; rules.

As used in ORS 509.580 to 509.590, 509.600 to 509.645 and 509.910:
(1) "Artificial obstruction" means any dam, diversion, culvert or other human-made device placed in the waters of this state that precludes or prevents the migration of native migratory fish.
(2) "Construction" means:
(a) Original construction;
(b) Major replacement;
(c) Structural modifications that increase storage or diversion capacity; or
(d) For purposes of culverts, installation or replacement of a roadbed or culvert.
(3) "Emergency" means unforeseen circumstances materially related to or affected by an artificial obstruction that, because of adverse impacts to a population of native migratory fish, requires immediate action. The State Fish and Wildlife Director may further define the term "emergency" by rule.
(4) "Fundamental change in permit status" means a change in regulatory approval for the operation of an artificial obstruction where the regulatory agency has discretion to impose additional conditions on the applicant, including but not limited to licensing, relicensing, reauthorization or the granting of new water rights, but not including water right transfers or routine maintenance permits.
(5) "In-proximity" means within the same watershed or water basin and having the highest likelihood of benefiting the native migratory fish populations directly affected by an artificial obstruction.
(6) "Native migratory fish" means those native fish that migrate for their life cycle needs and that are listed in the rules of the State Fish and Wildlife Director.
(7) "Net benefit" means an increase in the overall, in-proximity habitat quality or quantity that is biologically likely to lead to an increased number of native migratory fish after a development action and any subsequent mitigation measures have been completed.
(8) "Oregon Plan" means the guidance statement and framework described in ORS 541.898. [2001 c.923 §1]
Note:
509.580 to 509.590 and 509.595 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 509 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.590 - Fish Passage Task Force; reports to legislature.

(1) The State Fish and Wildlife Director shall establish a Fish Passage Task Force to advise the director and the State Department of Fish and Wildlife on matters related to fish passage in Oregon, including but not limited to funding, cost sharing and prioritization of efforts. The director shall determine the members and the specific duties of the task force by rule.
(2) The department shall provide staff necessary for the performance of the functions of the task force.
(3) A member of the task force may not receive compensation for services as a member of the task force. In accordance with ORS 292.495, a member of the task force may receive reimbursement for actual and necessary travel or other expenses incurred in the performance of official duties.
(4) The task force shall report semiannually to the appropriate legislative committee with responsibility for salmon restoration or species recovery, to advise the committee on matters related to fish passage. [2001 c.923 §3; 2007 c.354 §17]
Note:
See note under 509.580.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.592 - Task force advice to department regarding project funding; department report on deposits and expenditures.

(1) The Fish Passage Task Force established pursuant to ORS 509.590 shall provide advice to the State Department of Fish and Wildlife regarding the projects to be funded and the expenditures to be made from the Fish Passage Restoration Subaccount created under ORS 497.141.
(2) The department shall maintain a record of all moneys deposited to or expended from the subaccount. The department shall make an annual report of the deposits and expenditures available to the public on the department’s website. [2013 c.674 §2]
Note:
509.592 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 509 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.595 - Director to report on fish passage rules, adequacy and implementation.

The State Fish and Wildlife Director shall report to the Governor, the Speaker of the House of Representatives, the President of the Senate and the appropriate legislative committee with responsibility for salmon restoration or species recovery:
(1) Prior to the adoption of rules relating to fish passage;
(2) Prior to the establishment of the general criteria for determining the adequacy of fish passage and of alternatives to fish passage required to be established under ORS 509.585 (7)(c); and
(3) Semiannually on the progress that the director has made in implementing ORS 509.580 to 509.590. [2001 c.923 §20; 2007 c.354 §18]
Note:
See note under 509.580.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.600 - Destroying, injuring or taking fish near fishway; permits to take fish.

(1) A person may not willfully or knowingly destroy, injure or take fish within 600 feet of any fishway, except as permitted by subsection (2) of this section. Actions that violate this section include, but are not limited to:
(a) Hindering, annoying or disturbing fish entering, passing through, resting in or leaving such fishway, or obstructing the passage of fish through the fishway at any time or in any manner.
(b) Placing anything in the fishway.
(c) Using any fishing gear within 600 feet of the fishway.
(d) Taking fish at any time anywhere within 600 feet of the fishway.
(e) Doing any injury to the fishway.
(2) The State Fish and Wildlife Commission may by rule or by issuance of permits authorize the taking of fish within 600 feet of any fishway. [1965 c.570 §104; 1973 c.723 §122; 1981 c.646 §6; 2001 c.923 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.610 - Maintenance of fish passage required.

(1) Subject to ORS 509.645, when the State Department of Fish and Wildlife requires fish passage to be provided pursuant to ORS 509.585, the person owning or operating an artificial obstruction shall keep the fish passage in such repair as to provide adequate fish passage of native migratory fish at all times.
(2) Each day of neglect or refusal to comply with subsection (1) of this section, after notification in writing by the department, constitutes a separate offense.
(3) A person owning or operating an artificial obstruction is responsible for maintaining, monitoring and evaluating the effectiveness of fish passage or alternatives to fish passage. [Amended by 1955 c.707 §52; 1965 c.570 §132; 2001 c.923 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.620 - Condemning inadequate or nonfunctioning fish passage; requiring new fish passage.

If, in the judgment of the State Department of Fish and Wildlife, fish passage is not functioning as intended or is inadequate, as constructed under ORS 509.585, the State Fish and Wildlife Commission may condemn the fish passage and order new fish passage installed in accordance with plans and specifications determined by the department. [Amended by 2001 c.923 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.625 - Power of department to inspect artificial obstructions and have fish passage constructed or remove obstruction.

(1) The State Department of Fish and Wildlife may determine or ascertain by inspection of any artificial obstruction whether it would be advisable to construct fish passage, or order the construction pursuant to ORS 509.585 of fish passage, at the artificial obstruction. Without affecting other remedies to enforce the requirement to install fish passage, if the State Fish and Wildlife Commission determines that an emergency exists, the commission may order the construction, pursuant to ORS 509.585, of fish passage in the waters of this state inhabited by native migratory fish as deemed adequate to provide passage for native migratory fish.
(2) Where fish passage has previously been constructed with or without the approval of the commission and has proved useless or inadequate for the purposes for which it is intended, the commission may improve or rebuild such fish passage. However, such construction or reconstruction shall not interfere with the prime purpose of the artificial obstruction. This subsection may not be construed to require the improvement or rebuilding of fish passage by the commission.
(3)(a) The commission may order a person owning or operating an artificial obstruction on the priority list created pursuant to ORS 509.585 who has been issued a water right, owners of lawfully installed culverts or owners of other lawfully installed obstructions to install fish passage or to provide alternatives to fish passage if the commission can arrange for nonowner or nonoperator funding of at least 60 percent of the cost.
(b) Notwithstanding paragraph (a) of this subsection, the commission may order installation of fish passage or alternatives to fish passage without regard to funding sources:
(A) If the person owning or operating the artificial obstruction is already subject to an obligation to install fish passage or to provide alternatives to fish passage under ORS 509.585;
(B) If the commission declares an emergency under this section; or
(C) If the person owning or operating the artificial obstruction has not been issued a water right or if the artificial obstruction has been otherwise unlawfully installed.
(4) If a person who owns or operates an artificial obstruction and who is required to provide fish passage under ORS 509.585 fails to provide fish passage in the manner and time required by the State Department of Fish and Wildlife, the commission may remove, replace or repair the artificial obstruction or any parts of the obstruction at the expense of the owner or operator. [Amended by 1955 c.707 §53; 1963 c.232 §1; 1965 c.570 §133; 2001 c.923 §11]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.630 - Power of department to establish fish passage in natural stream obstructions.

The State Department of Fish and Wildlife may determine or ascertain by inspection of any natural obstruction whether it would be advisable to construct fish passage over or around such natural obstruction. If it is deemed advisable the State Fish and Wildlife Commission may construct fish passage that provides adequate passage for native migratory fish in the waters of this state inhabited by native migratory fish. [Amended by 1965 c.570 §134; 2001 c.923 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.635 - Oregon City fishway under control of commission; removal of obstructions.

(1) The fishways over the falls in the Willamette River, near Oregon City, are under the care and control of the State Fish and Wildlife Commission, which may make any extensions, additions, alterations or repairs to the same that become necessary.
(2) The commission, or its duly authorized representatives, may remove any artificial obstructions placed in the Willamette River above the falls which would prevent the free passage of fish up the river. [Amended by 1965 c.570 §136]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.645 - Filing protest with commission; review and determination by commission; alternative dispute resolution.

(1) A person owning or operating an artificial obstruction may request alternative dispute resolution at any point in the process of determining fish passage requirements.
(2) A person owning or operating an artificial obstruction may file a protest with the State Fish and Wildlife Commission within 30 days from the receipt of the State Department of Fish and Wildlife determinations under ORS 509.585. The person shall identify the grounds for protesting the department’s determinations.
(3) The commission may, after sufficient opportunity for public review and comment, approve, deny or modify the proposed determinations. [1955 c.707 §51; 1973 c.723 §124; 2001 c.923 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.910 - Injunction to prevent certain violations; jurisdiction; service on corporation.

(1) The State Fish and Wildlife Commission may maintain an action for an injunction to enjoin and restrain any person, municipal corporation, political subdivision or governmental agency of this state from violating any of the provisions of ORS 509.130, 509.140, 509.505, 509.585, 509.610 and 509.625.
(2) Any action authorized by this section shall be tried in the circuit court of the county in which the violation occurs or in Marion or Multnomah County.
(3) If the defendant is a corporation with its principal office and place of business in a county other than in which the waters flow or are situated, such action shall be deemed an action of local nature and service of summons made on a corporation in any county where the corporation has its principal office and place of business. If it is a foreign corporation, service may be made on the statutory agent but if there is no such statutory agent then upon the Secretary of State as in other cases provided by law. [1963 c.303 §1; 1977 c.242 §8; 1979 c.284 §16; 2001 c.923 §14; 2007 c.625 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 509 - General Protective Regulations › Section 509.990

[Subsection (8) of 1963 Replacement Part enacted as 1955 c.477 §2; subsection (10) of 1963 Replacement Part enacted as 1957 c.152 §8; repealed by 1965 c.570 §152]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.011 - "Mouth" of river defined.

The "mouth" of any river emptying into the Pacific Ocean including the bay or tidal area formed by each such river is the seaward end of the jetty or jetties of each such river. If no jetties exist, the extension of the Pacific Ocean, shoreline high watermark across the river, bay or tidal area, is the "mouth" of such river. [1965 c.570 §139]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.060 - Taking salmon for commercial purposes in coastal streams prohibited.

It is unlawful to take salmon for commercial purposes from all waters inland from the mouth of all streams or tributaries thereof that empty into the Pacific Ocean south of the mouth of the Columbia River, except as provided in ORS 511.070. [1965 c.570 §143]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.070 - Open season for chum salmon and incidental take of salmon in Tillamook Bay; rules.

It shall be lawful for the State Fish and Wildlife Commission by rule to establish a season for commercial fishing for chum salmon and the incidental take of salmon in Tillamook Bay. Such season may not exceed 30 calendar days total length each year and may only be between October 25 and December 5. Fishing areas under this section shall be limited to:
(1) Tillamook Bay except that portion of Hathaway Slough above a line extended due south from a point on the northerly bank or shoreline of the slough 1,000 feet downstream from the Southern Pacific railroad trestle.
(2) The Miami River below a line drawn across the Miami River due north and south through a point 1,000 feet west from the northwest corner of the Southern Pacific railroad bridge crossing the Miami River.
(3) The Kilchis River below a point at the intersection of the Kilchis River by the section line between sections 11 and 12, township 1 south, range 10 west of the Willamette Meridian.
(4) The Wilson River below a point 500 feet below the bridge crossing the Wilson River in section 13, township 1 south, range 10 west of the Willamette Meridian.
(5) The Tillamook River below a point 100 feet below the mouth of Frasier Slough. [1965 c.570 §144]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.106 - Commercial fishing in Columbia River and tributaries restricted.

It is unlawful in the Columbia River and its tributaries to:
(1) Take salmon for commercial purposes east of its confluence with the Deschutes River.
(2) Take food fish for commercial purposes in a closed area at and adjacent to the mouth of the Sandy River, Hood River and Deschutes River. The closed area shall be one-fourth of a mile in width, extending out into the Columbia River at right angles to the thread of the stream, and one mile in length below the upper or right-hand bank or shoreline of such tributary where the tributary intersects the left-hand bank or shoreline of the Columbia River. [1965 c.570 §140; 1969 c.358 §1; 1989 c.126 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.206 - Taking food fish for commercial purposes in or near Rogue River prohibited.

It is unlawful to take any food fish except shellfish for commercial purposes from the Rogue River and its tributaries and within a radius of one mile from the center of the mouth of the Rogue River. [1965 c.570 §148; 1995 c.269 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.306 - Taking food fish for commercial purposes in certain Curry County waters prohibited.

It is unlawful to take any food fish for commercial purposes from the following waters in Curry County:
(1) Floras Creek.
(2) Sixes River.
(3) Elk River.
(4) Euchre Creek.
(5) Hunters Creek.
(6) Pistol River.
(7) Chetco River.
(8) Winchuk River. [1965 c.570 §142]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.506 - Taking shad for commercial purposes in Coos Bay or in Siuslaw, Umpqua or Smith Rivers restricted.

It is unlawful to take shad for commercial purposes in the following waters of this state:
(1) That portion of Coos Bay and all of Isthmus Inlet, a tributary thereof, southerly of the bridge connecting Coos Bay and Eastside in Coos County; the area designated as Coos Bay Sports Area and consisting of Isthmus Inlet, Catching Inlet and Cold Bank Slough in Coos County; the north fork of Coos River above a line drawn across the north fork at right angles to the thread of the stream at the lower end of the old John Hendrickson ranch and the south fork of Coos River above a line drawn across the south fork at right angles to the thread of the stream at the lower end of the H. H. Roger’s ranch.
(2) The Siuslaw River above a line across the river drawn at right angles to the thread of the stream at the lower end of the mouth or confluence of Morgan Creek with the Siuslaw River; the north fork of the Siuslaw River above the state highway bridge crossing the north fork between Cushman and Florence in Lane County; and Duncan Inlet or South Inlet or tributaries.
(3) The Umpqua River above the confluence of Mill Creek, outlet of Loon Lake with the Umpqua River in Douglas County; and the Smith River above the confluence of the North Fork of the Smith River with the Smith River. [1965 c.570 §145; 1973 c.500 §3; 1989 c.127 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.511 - Taking sturgeon for commercial purposes in Umpqua River prohibited.

It is unlawful to take sturgeon for commercial purposes from the waters of the Umpqua River or any of its bays or tributaries. [1965 c.570 §147]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.521 - Taking shad or sturgeon for commercial purposes in Coquille River waters prohibited.

It is unlawful to take shad or sturgeon for commercial purposes from the waters of the Coquille River or any of its bays or tributaries. [1989 c.127 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.606 - Taking food fish for commercial purposes in Nestucca Bay prohibited.

It is unlawful to take any food fish except shellfish for commercial purposes from Nestucca Bay or any of its tributaries. [1965 c.570 §149]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.625 - Natural and artificial oyster beds in Netarts Bay.

That portion of Netarts Bay, in Tillamook County, lying south of the quarter section line running east and west through the center of section 19, in township 2 south, range 10 west of the Willamette Meridian, is designated as natural oyster beds. That portion of Netarts Bay lying north of such quarter section line is designated and set apart for artificial plantations of oysters. [Amended by 1969 c.675 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.640 - Sale of oyster lands in Tillamook Bay prohibited.

All the tidelands and lands under the waters of Tillamook Bay in Tillamook County which are located as oyster claims as provided by law, are withdrawn from the lands of this state which may be sold, are designated as oyster lands, and are set aside for the location of artificial oyster claims. However, all such lands are subject to the provisions of ORS 622.210 to 622.300 and 622.320. [Amended by 1969 c.675 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 511 - Local and Special Regulations › Section 511.806 - Taking salmon, shad, striped bass or sturgeon for commercial purposes in Willamette River prohibited; taking shad for commercial purposes in Willamette Slough restricted.

(1) It is unlawful in the waters of the Willamette River or any of its tributaries or sloughs to take salmon, shad, striped bass or sturgeon for commercial purposes.
(2) Notwithstanding subsection (1) of this section, it shall be lawful to take shad for commercial purposes in the Willamette Slough from the Gilbert Lake farm dock to the mouth of the Willamette Slough. [1965 c.570 §141]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 513 - Packing Fish and Manufacture of Fish Products › Section 513.010 - "Reduction plant" defined.

As used in this chapter, "reduction plant" applies to any plant engaged in the reduction of fish into fish flour, fish meal, fish scrap, fertilizer, fish oil or other fish products or by-products.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 513 - Packing Fish and Manufacture of Fish Products › Section 513.020 - Control and regulation of means of handling fish and fish products.

In order that all fish or parts thereof suitable for human consumption may be conserved and used for that purpose, and to provide sanitary methods and prevent waste in the use, sale, packing, preserving, manufacturing, processing or other handling of fish or fish products, other than salmon, the State Fish and Wildlife Commission may control and regulate fishing boats, barges, lighters or tenders, receptacles or vehicles containing fish or fishing gear, fish reduction plants or plants where fish products are manufactured, in so far as may be necessary to insure the taking, catching, delivery of fish, canning, packing, preserving, reduction of and manufacture of fish products or by-products in a wholesome and sanitary manner, and to prevent deterioration or waste of any fish.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 513 - Packing Fish and Manufacture of Fish Products › Section 513.030 - Inspection of means of handling fish and fish products.

Any member, assistant or employee of the State Fish and Wildlife Commission, or duly authorized officer of the state, may enter any canning, packing, preserving or reduction plant or place of business where fish or other fish products are packed, preserved, manufactured, bought or sold, or board and inspect any fishing boat, barge, lighter or tender, receptacle or vehicle, containing fish, for the purpose of examining any fish or fish products and to ascertain the amount of fish received, or kind and amount of fish products packed or manufactured and the number and size of containers or cans for fish products purchased, received, used or on hand.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 513 - Packing Fish and Manufacture of Fish Products › Section 513.040 - Control and regulation of amount and kind of fish commercially handled; sardine processing.

The State Fish and Wildlife Commission may:
(1) Control, regulate and establish, by order, the proportion or percentage of sardines, pilchards, herring or other species of fish other than salmon, to be used for reduction purposes or the manufacture of fish flour, fish meal, fish scrap, fertilizer or oil, and may further, through such order, specifically name or prescribe the particular species of fish which may be used for reduction purposes, food for animals or other purposes.
(2) Exercise full jurisdiction and control over the processing, packing or preserving of sardines, and prescribe and specify the process to be used in the canning of such fishes in order to assure a quality product and prevent the use of certain substitute oils resulting in inferior grades.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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 Oregon. The department shall mail to the sender of such ores or minerals the results of such determination as soon as practicable after making such determination. Such services shall be performed by the department at the request of a member of the general public at a reasonable charge.
(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 Oregon.
(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.
(6) Enter into contracts or agreements with a person, a public body as defined in ORS 174.109 or the federal government or an agency thereof, pursuant to which the department performs geoscientific surveys or analyses. [1971 c.441 §4; 1973 c.180 §1; 1993 c.260 §3; 2011 c.72 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 516.061 - Department surcharge to fund electronic permitting system; reduction.

(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 section, the department may reduce the surcharge percentage rate under subsection (1) of this section to a rate that the department determines will be sufficient to cover the anticipated expenses of the Electronic Permitting System Subaccount under ORS 516.070 (5) during the next biennium and to maintain an adequate operational reserve in the subaccount.
(b) The department shall implement a reduced rate, if any, by issuing an order on or before January 1 of the odd-numbered year that sets forth the reduced rate for the next biennium.
(c) The department shall notify all persons with an active account within the electronic permitting system of the reduced rate, if any.
(d) Unless extended by a subsequent order under this subsection, the reduced rate expires at the end of the biennium, after which the department shall charge the surcharge percentage rate as described in subsection (1) of this section.
(3) Surcharge moneys collected by the department under this section shall be deposited into the same fund or account as the fee or invoice payment associated with the surcharge. The department shall periodically transfer all surcharge moneys collected by the department under this section into the Electronic Permitting System Subaccount established under ORS 516.070 (5). [2023 c.274 §2]
Note:
516.061 was added to and made a part of ORS chapter 516 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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 Oregon as the state’s distributive share of the amounts collected for royalties for locatable minerals shall be credited to the subaccount. All moneys in the Federal Locatable Mineral Royalties Subaccount are continuously appropriated to the State Department of Geology and Mineral Industries to conduct investigations of new mineral resources and to carry out the provisions of ORS 517.840 (6).
(3) The State Treasurer may invest and reinvest the moneys in the Federal Locatable Mineral Royalties Subaccount as provided in ORS 293.701 to 293.857. 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 Mined Land Regulation and Reclamation Program Subaccount is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, all moneys received by the State Department of Geology and Mineral Industries from fees assessed pursuant to ORS 517.800 shall be credited to the subaccount. All moneys in the subaccount are continuously appropriated to the department for the purpose of administering ORS 517.702 to 517.951.
(5) The Electronic Permitting System Subaccount is established within the Geology and Mineral Industries Account. Notwithstanding subsection (1) of this section, moneys received by the State Department of Geology and Mineral Industries under ORS 516.061 shall be credited to the subaccount. Moneys in the subaccount are continuously appropriated to the department for the costs of maintaining the department’s electronic permitting system, that allows the department to electronically issue permits and receive applications and fees under this chapter and ORS chapters 517, 520 and 522. Costs of maintaining the system include the costs of hosting, operating, repairing, upgrading, staffing and administering the system. [Amended by 1957 c.233 §1; 1961 c.671 §14; 1971 c.441 §5; 1993 c.260 §4; 1995 c.509 §1; 2005 c.650 §2; 2013 c.371 §35; 2023 c.274 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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 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 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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.
(f) In accordance with applicable provisions of ORS chapter 183, adopt rules establishing criteria and procedures by which the department may enter into contracts or agreements pursuant to ORS 516.035 (6), including but not limited to criteria and procedures that ensure protection of the public interest and advance the duties of the department as described in ORS 516.030.
(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; 2011 c.72 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 516 - Department of Geology and Mineral Industries › Section 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 Oregon’s 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 517 - Mining and Mining Claims › Section 517.005 - Legislative findings.

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 diversifying beyond a regional economy based on natural resources. Mining creates secondary industries in the surrounding region and attracts numerous providers of goods and services. Mining also generates significant tax revenues for local governments and provides support for civic and educational projects in local communities.
(2) The mining of minerals is a natural resource use.
(3) In eastern Oregon, including Lake, Harney, Malheur, Baker and Grant Counties, diversifying the types of natural resource uses that contribute to local economies enables those economies to better withstand temporary economic declines that affect specific natural resource uses. In the same way that a diversified economy is good for a large metropolitan area, a diversified natural resource economy is good for eastern Oregon.
(4) Technological advances in the mining industry, coupled with reclamation efforts, have greatly reduced the environmental impacts of mining operations. The size and scope of modern operations is such that the operations do not cause interference with other natural resource uses, particularly in an area as vast as eastern Oregon.
(5) Mining operations should be encouraged and supported in eastern Oregon as a means for residents and communities to improve their economies and well-being. [2015 c.826 §1]
Note:
517.005 was enacted into law by the Legislative Assembly but was 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.