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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3772

                           A-Engrossed

                         Senate Bill 838
                 Ordered by the Senate April 22
           Including Senate Amendments dated April 22

Sponsored by COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES

                             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.

  Imposes moratorium on certain mining using any form of
motorized equipment. Punishes by maximum of one year's
imprisonment, $6,250 fine, or both. Sunsets January 2, 2018.
  Directs Governor's office to study certain issues related to
mining using motorized equipment.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to mining; creating new provisions; amending ORS
  468B.052 and 517.123; and declaring an emergency.
  Whereas mining using motorized equipment in the beds and banks
of the rivers of Oregon has increased considerably in recent
years; and
  Whereas mining using 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 and the
investments of this state in habitat enhancement; and
  Whereas the removal or disturbance of streamside vegetation
resulting from mining using motorized equipment in the beds and
banks of the rivers of Oregon poses significant risks to Oregon's
natural resources, including water quality and fisheries; and
  Whereas the number of conflicts resulting from mining using
motorized equipment in the beds and banks of the rivers of Oregon
has increased; and
  Whereas the regulatory system in Oregon related to mining using
motorized equipment in the beds and banks of the rivers of Oregon
involves several agencies, and the agencies are unable to
determine the actual amount of mining that is occurring in this
state, the locations of the mining, whether best management
practices are used, whether regulatory requirements are fulfilled
or whether the impacts of the mining are minimized; and
  Whereas there is a need for an enhanced and streamlined
regulatory system in Oregon related to mining using motorized
equipment in the beds and banks of the rivers of Oregon; now,
therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) A moratorium is imposed until January 2,
2018, on mining that uses any form of motorized equipment for the
purpose of extracting gold, silver or any other precious mineral
from placer deposits of the beds 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 the adjacent 100 yards of streambank, 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.  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.
  (2) Violation of the moratorium established by subsection (1)
of this section is a Class A misdemeanor. + }
  SECTION 2.  { + Section 1 of this 2013 Act is repealed on
January 2, 2018. + }
  SECTION 3.  { + (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 Water Resources Department,
other state agencies, the federal government, federally
recognized Indian tribes and affected stakeholders shall study
matters related to mining using any form of motorized equipment
for the purpose of extracting gold, silver or any other precious
mineral from placer deposits of the beds 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 regulatory framework that includes but is not
limited to:
  (a) A consolidated regulatory process for mining using
motorized equipment or motorized dredge, including a single
permit system.
  (b) Effective monitoring, compliance and enforcement mechanisms
related to mining using motorized equipment.
  (c) Adequate fee structures to cover administration,
monitoring, compliance and enforcement related to any permit,
license, authorization or other form of permission required by
law from a state agency for mining using motorized equipment or
discharges from mining using motorized equipment.
  (d) Operating conditions and restrictions, based on the best
available science and precautionary principles, designed to
protect and recover in-stream and riparian habitat important to
achieve water quality standards and the conservation and recovery
of indigenous anadromous salmonid, as defined in ORS 196.810, and
naturally reproducing populations of bull trout.
  (e) Prohibitions on mining using any form of motorized
equipment 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 wilderness areas, national monuments
and national botanical areas;
  (C) Scenic waterways in this state 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 paragraph (d) of this subsection.
  (2) The Governor's office shall submit a report with the
results of the proposed regulatory framework, and include
recommendations for any necessary legislation, to the interim

committees of the Legislative Assembly related to environment and
natural resources on or before September 1, 2015. + }
  SECTION 4.  { + Section 3 of this 2013 Act is repealed on
January 2, 2016. + }
  SECTION 5. 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 6. ORS 468B.052 is amended to read:
  468B.052.   { - 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) For an individual permit:
  (a) A one-time application fee of $300; and
  (b) An annual renewal fee of $25.
  (2) For a general permit, either:
  (a) A $25 annual fee for each year the person registers under
the general permit; or
  (b) A $100 fee for a five-year registration under the general
permit.
  SECTION 7.  { + 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. + }
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