Bill Text: OR HB3071 | 2011 | Regular Session | Introduced

Oregon House Bill 3071 (Prior Session Legislation)

Introduced

Bill Title: Relating to removal of resources.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3071 Detail]

Download: Oregon-2011-HB3071-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 217

                         House Bill 3071

Sponsored by Representative KOMP

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Adds fossils to provisions relating to removal of resources
from certain lands. Specifies that person removing semiprecious
stones, petrified wood or fossils for commercial or noncommercial
purposes may not dig hole more than four feet deep and must
dispose of displaced soil as specified in rules adopted by
Department of State Lands.

                        A BILL FOR AN ACT
Relating to removal of resources; creating new provisions; and
  amending ORS 273.715.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 273.715 is amended to read:
  273.715. (1) The Department of State Lands shall
 { - prescribe - }  { + adopt + } rules governing the exploration
for and removal of semiprecious stones   { - and - }  { + , + }
petrified wood  { + and fossils + } from lands owned by the State
of Oregon and under the jurisdiction of the department. Such
rules shall be designed to maximize the public benefit of these
resources  { - , and shall permit the free use of lands under
jurisdiction of the department for collection for noncommercial
purposes of reasonable quantities of petrified wood and
semiprecious stones - } .
  (2) The department, by rule, shall require payment of a
reasonable fee for a permit for the exploration for and removal
of semiprecious stones   { - and - }  { + , + } petrified wood
 { + and fossils + } sufficient to cover the expenses of the
department incurred under this section with respect to the
permit.
  (3) { + (a) + }   { - No - }   { + A + } person   { - shall - }
 { + may not + } remove   { - petrified wood or - }  semiprecious
stones { + , petrified wood or fossils + } for commercial
purposes or  { + noncommercial purposes + }   { - in a quantity
having a value of $500 or more - }  without a permit issued by
the department under this section.
   { +  (b) A person who removes semiprecious stones, petrified
wood or fossils pursuant to this section may not dig a hole that:
  (A) Is more than four feet deep.
  (B) Does not have a 45-degree slope from top to bottom.
  (c) A person who removes semiprecious stones, petrified wood or
fossils pursuant to this section must dispose of the soil that is
displaced in the process of removing the semiprecious stones,
petrified wood or fossils in the manner specified in rules
adopted by the department. + }
  (4) If any person removes semiprecious stones   { - or - }
 { + , + } petrified wood  { + or fossils + } from lands owned by
the State of Oregon without a permit as required under this
section or in a manner contrary to rules   { - prescribed - }
 { + adopted + } under this section, all the materials or objects
so removed or the value of such materials or objects shall be
subject to disposal by the department as property of the State of
Oregon.
   { +  (5) The department may renew a permit issued under this
section. Each permit or renewal of a permit is valid for one
year. + }
  SECTION 2.  { + (1) The amendments to ORS 273.715 by section 1
of this 2011 Act apply to the removal of semiprecious stones,
petrified wood and fossils taking place on or after the effective
date of this 2011 Act.
  (2)(a) The amendments to ORS 273.715 by section 1 of this 2011
Act apply to permits issued by the Department of State Lands
pursuant to ORS 273.715 before, on or after the effective date of
this 2011 Act.
  (b) Any permit issued by the Department of State Lands pursuant
to the provisions of ORS 273.715 before the effective date of
this 2011 Act expires on the date specified in the permit or on
January 1, 2013, whichever is first, and is subject to renewal in
the manner provided in ORS 273.715 (5). + }
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