Bill Text: OR SB838 | 2013 | Regular Session | Enrolled


Bill Title: Relating to mining; appropriating money; and declaring an emergency.

Spectrum: Committee Bill

Status: (Passed) 2013-08-21 - Effective date, August 14, 2013. [SB838 Detail]

Download: Oregon-2013-SB838-Enrolled.html


     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 838

Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                     CHAPTER ................

                             AN ACT

Relating to mining; creating new provisions; amending ORS
  468B.052 and 517.123; appropriating money; limiting
  expenditures; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + 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
communities and support tourism, small businesses and
recreational opportunities, all of which are economic drivers in
Oregon's rural communities.
  (3) Exploration of potential mine sites is necessary to
discover the minerals that underlie the surface and inherently
involves natural resource disturbance.
  (4) Mining that uses motorized equipment in the beds and banks
of the rivers of Oregon can pose significant risks to Oregon's
natural resources, including fish and other wildlife, riparian
areas, water quality, the investments of this state in habitat
enhancement and areas of cultural significance to Indian tribes.
  (5) Between 2007 and 2013, mining that uses motorized equipment
in the beds and banks of the rivers of Oregon increased
significantly, raising concerns about the cumulative
environmental impacts.
  (6) The regulatory system related to mining that uses motorized
equipment in the beds and banks of the rivers of Oregon should be
efficient and structured to best protect environmental
values. + }
  SECTION 2.  { + (1) A moratorium is imposed until January 2,
2021, on mining that uses any form of motorized equipment for the
purpose of extracting gold, silver or any other precious metal
from placer deposits of the beds or banks of the waters of this
state, as defined in ORS 196.800, or from other placer deposits,
that results in the removal or disturbance of streamside
vegetation in a manner that may impact water quality. The
moratorium applies up to the line of ordinary high water, as
defined in ORS 274.005, and 100 yards upland perpendicular to the
line of ordinary high water that is located above the lowest
extent of the spawning habitat in any river and tributary thereof
in this state containing essential indigenous anadromous salmonid
habitat, as defined in ORS 196.810, or naturally reproducing
populations of bull trout, except in areas that do not support

Enrolled Senate Bill 838 (SB 838-B)                        Page 1

populations of anadromous salmonids or natural reproducing
populations of bull trout due to a naturally occurring or
lawfully placed physical barrier to fish passage.
  (2) The moratorium does not apply to any mining for which the
State Department of Geology and Mineral Industries issues an
operating permit under ORS 517.702 to 517.989.
  (3) In areas where the moratorium does not apply as described
in subsection (1) of this section, the Department of State Lands
shall limit the individual permits issued under ORS 196.810 and
the general authorizations issued under ORS 196.850 to not more
than 850 permits and authorizations for mining described in this
section at any time during the moratorium period. The Department
of State Lands shall give priority, to the greatest extent
practicable, to persons who held permits or authorizations for
the longest period of time before January 1, 2014.
  (4) Any maps developed by the State Department of Fish and
Wildlife, or any other state agency, that delineate the area of
the moratorium established by subsection (1) of this section are
not subject to the rulemaking requirements of ORS chapter 183.
  (5) Violation of the moratorium established by subsection (1)
of this section is a Class A misdemeanor. + }
  SECTION 3.  { + Section 2 of this 2013 Act becomes operative on
January 2, 2016. + }
  SECTION 4.  { + Sections 2 and 3 of this 2013 Act are repealed
on January 2, 2021. + }
  SECTION 5. { +  (1) On and after January 1, 2014, and before
January 2, 2016, mining that uses any form of motorized equipment
for the purpose of extracting gold, silver or any other precious
metal from placer deposits of the beds or banks of the waters of
this state, as defined in ORS 196.800, or from other placer
deposits, that results in the removal or disturbance of
streamside vegetation in a manner that may impact water quality,
is subject to the following:
  (a) The motorized dredge equipment must be operated at least
500 feet from other motorized dredge equipment, unless the
Department of Environmental Quality determines that another
distance is appropriate to protect water quality.
  (b) The motorized equipment may not be left unattended within
the wetted perimeter of any waters of this state.
  (c) The motorized equipment may be operated only between the
hours of 9 a.m. and 5 p.m.
  (2) The provisions of subsection (1) of this section apply to
mining that occurs up to the line of ordinary high water, as
defined in ORS 274.005, and 100 yards upland perpendicular to the
line of ordinary high water of the full length of any river and
tributary thereof in this state, of which any portion contains
essential indigenous anadromous salmonid habitat, as defined in
ORS 196.810, or naturally reproducing populations of bull trout.
  (3) The provisions of subsection (1) of this section do not
apply to any mining for which the State Department of Geology and
Mineral Industries issues an operating permit under ORS 517.702
to 517.989.
  (4) During the period described in this section, the Department
of State Lands shall limit the individual permits issued under
ORS 196.810 and the general authorizations issued under ORS
196.850 to not more than 850 permits and authorizations for
mining described in this section at any time during the period
described in this section. The Department of State Lands shall
give priority, to the greatest extent practicable, to persons who

Enrolled Senate Bill 838 (SB 838-B)                        Page 2

held permits or authorizations for the longest period of time
before January 1, 2014.
  (5) Violation of any provision of this section is a Class A
violation. + }
  SECTION 6.  { + (1) Section 5 of this 2013 Act becomes
operative on January 1, 2014.
  (2) Section 5 of this 2013 Act applies without regard to
whether the permits, licenses, authorizations or other forms of
permission required by law for mining were issued before, on or
after January 1, 2014. + }
  SECTION 7. { +  (1) Sections 5 and 6 of this 2013 Act are
repealed on January 2, 2016.
  (2) The repeal of sections 5 and 6 of this 2013 Act by
subsection (1) of this section does not affect any fine imposed
under section 5 of this 2013 Act. + }
  SECTION 8.  { + (1) The Governor's office, in consultation with
the Department of Environmental Quality, the Department of State
Lands, the State Parks and Recreation Department, the State
Department of Fish and Wildlife, the State Department of Geology
and Mineral Industries, the Oregon State Police and other
relevant state agencies, the federal government, the federally
recognized Indian tribes in Oregon and affected stakeholders
shall study matters related to mining that uses any form of
motorized equipment for the purpose of extracting gold, silver or
any other precious metal from placer deposits of the beds or
banks of the waters of this state, as defined in ORS 196.800, or
from other placer deposits, and matters related to the removal or
disturbance of streamside vegetation resulting from the mining
activities, and shall propose a revised state regulatory
framework that includes, but is not limited to:
  (a) A consolidated regulatory process for mining described in
this section, including a system that:
  (A) Involves permits, licenses, authorizations or other forms
of permission that must be displayed in plain view and be clearly
visible on the motorized equipment in order to aid in the
identification of persons carrying out mining activities; and
  (B) Considers a single permit or a single point of contact
approach to authorization.
  (b) Effective compliance, monitoring and enforcement mechanisms
related to mining described in this section.
  (c) Adequate fee structures to cover administration,
compliance, monitoring, enforcement, outreach and education
related to any permit, license, authorization or other form of
permission required by law from a state agency for mining
described in this section or for discharges from mining described
in this section, including ways to maximize the efficiency in the
use of existing state resources.
  (d) Conditions for, and restrictions on, mining described in
this section, to the extent allowed by law and based on the best
available science and precautionary principles, designed to:
  (A) Protect and recover in-stream and riparian habitat that is
important to achieve water quality standards and the conservation
and recovery of indigenous anadromous salmonids, as defined in
ORS 196.810, and naturally reproducing populations of bull trout;
and
  (B) Address social considerations, including concerns related
to safety, noise, navigation, cultural resources and other uses
of waterways.
  (e) The establishment of a system of management zones, to the
extent allowed by law, that:

Enrolled Senate Bill 838 (SB 838-B)                        Page 3

  (A) Limits, either by lottery or by other mechanism, the amount
of mining activity that uses motorized equipment in the
management zones at specific times and cumulatively over time
periods;
  (B) Requires the payment of a fee, as part of the fee
structures described in paragraph (c) of this subsection, for
mining described in this section in the management zones; and
  (C) Establishes specific conditions and restrictions, as
described in paragraph (d) of this subsection, for the respective
management zones.
  (f) Prohibitions on mining described in this section in
specific areas of this state, to the extent allowed by law,
including:
  (A) Bodies of water currently listed as water quality impaired
under the Federal Water Pollution Control Act for sediment,
turbidity, toxics or heavy metals;
  (B) Bodies of water within federally designated wilderness
areas, national monuments and national botanical areas;
  (C) Scenic waterways in this state designated under ORS 390.826
and bodies of water flowing through state parks; and
  (D) Habitat that is essential to the recovery and conservation
of salmon, steelhead, lamprey, freshwater mollusks or other
unique habitat values, unless protection for this habitat may be
otherwise achieved pursuant to paragraphs (d) and (e) of this
subsection.
  (2) The Governor's office shall submit a report with the
results of the proposed regulatory framework, and shall include
recommendations for any necessary legislation and funding, to the
interim committees of the Legislative Assembly related to
environment and natural resources or other appropriate
legislative committee on or before November 1, 2014. The
Governor's office may also include any recommendations for
proposed rules related to the revised regulatory framework in the
report. + }
  SECTION 9.  { + Section 8 of this 2013 Act is repealed on
January 2, 2016. + }
  SECTION 10. ORS 517.123 is amended to read:
  517.123. 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 { + . + }  { - ; and - }
    { - (3) Can be conducted in a manner that is not harmful and
may be beneficial to fish habitat and fish propagation. - }
  SECTION 11. ORS 468B.052 is amended to read:
  468B.052. { +  (1) + }   { - Notwithstanding the authority
of - }   { + Unless + } the Environmental Quality
Commission { + , as + } provided in ORS 468.065   { - to
establish a schedule of - }  { + , establishes different + } fees
for permits issued under ORS 468B.050   { - and in lieu of any
fee established under the schedule of fees - } , a person who
operates a suction dredge having a suction hose with an inside
diameter of eight inches or less shall, upon application for or
renewal of a permit issued under 468B.050, pay to the Department
of Environmental Quality:
    { - (1) - }   { + (a) + } For an individual permit:
    { - (a) - }   { + (A) + } A one-time application fee of $300;
and
    { - (b) - }   { + (B) + } An annual renewal fee of $25.

Enrolled Senate Bill 838 (SB 838-B)                        Page 4

    { - (2) - }   { + (b) + } For a general permit, either:
    { - (a) - }   { + (A) + } A $25 annual fee for each year the
person registers under the general permit; or
    { - (b) - }   { + (B) + } A $100 fee for a five-year
registration under the general permit.
   { +  (2)(a) In addition to the fees described in subsection
(1) of this section, by rule the commission may establish an
additional fee for a permit issued under ORS 468B.050 for a
person to operate a suction dredge described in this section. The
fee must be adequate to cover the costs of administration,
compliance, monitoring and enforcement related to the permit.
  (b) After a fee is established by the commission pursuant to
this subsection, the fee is subject to the limitations on
increases imposed by ORS 468B.051. + }
  SECTION 12.  { + In addition to the fees described in ORS
468B.052, from October 1, 2013, to December 31, 2015, a surcharge
of $150 is imposed on any permits issued under ORS 468B.050 for a
person who operates a suction dredge as described in ORS
468B.052.  The surcharge must be used to fund data collection and
reporting on suction dredge mining in Oregon by the Department of
Environmental Quality. The data referred to in this section
includes, but is not limited to, data on the locations and number
of suction dredge operations, the types and sizes of suction
dredges and the physical impacts from suction dredge mining.
Amounts collected as surcharges under this section shall be
deposited in the Suction Dredge Study Fund established under
section 13 of this 2013 Act. + }
  SECTION 13.  { + The Suction Dredge Study Fund is established
in the State Treasury, separate and distinct from the General
Fund.  Interest earned by the Suction Dredge Study Fund shall be
credited to the fund. Moneys in the fund are continuously
appropriated to the Department of Environmental Quality to carry
out the duties of the department described in section 12 of this
2013 Act. + }
  SECTION 14. { +  Notwithstanding any other law limiting
expenditures, the amount of $141,837 is established for the
biennium beginning July 1, 2013, as the maximum limit for payment
of expenses, from moneys deposited in the Suction Dredge Study
Fund, incurred by the Department of Environmental Quality in
carrying out the duties of the department described in section 12
of this 2013 Act. + }
  SECTION 15.  { + This 2013 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2013 Act takes effect on
its passage. + }
                         ----------

Enrolled Senate Bill 838 (SB 838-B)                        Page 5

Passed by Senate July 3, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House July 7, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 838 (SB 838-B)                        Page 6

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 838 (SB 838-B)                        Page 7
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