(2) Nothing in this section shall apply to any public body, as defined in ORS 174.109.
(3) In lieu of the bond or other security required of the applicant in subsection (1) of this section, the department may accept a similar security from the landowner, equal to the estimated cost of reclamation as determined by the department in consultation with the operator or explorer. The decision of the department may be appealed to the governing board as provided in ORS chapter 183.
(4) In lieu of the bond required by subsection (1) of this section, the department may accept a blanket bond covering two or more surface mining sites or exploration projects operated by a single company, owned by a single landowner or operated by all members of an established trade association, in an amount, established by the department, not to exceed the amount of the bonds that would be required for separate sites.
(5) The governing board shall identify by rule the procedures for the determination of the amount of the bond or other security required of an applicant for an operating permit or exploration permit. The rules:
(a) Shall provide an opportunity for participation by the applicant as part of the procedures; and
(b) May allow for the amount of the bond to be calculated and adjusted based upon the total area expected to be in a disturbed condition in the following year as a result of the surface mining or exploration operation.
(6) Any deposit of moneys accepted and held by the department as a form of security pursuant to the provisions of this section shall be deposited in the Reclamation Guarantee Fund. [1971 c.719 §8; 1975 c.724 §4; 1979 c.435 §5; 1983 c.497 §1; 1985 c.291 §1a; 1985 c.292 §9; 1987 c.361 §5; 1989 c.347 §11; 1999 c.492 §3; 2005 c.34 §6; 2015 c.834 §4]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 517 - Mining and Mining Claims
Section 517.005 - Legislative findings.
Section 517.010 - Location of mining claims upon veins or lodes.
Section 517.044 - Location of claims upon placer deposits; posting notice.
Section 517.046 - Marking boundaries of claim or locating by legal subdivisions.
Section 517.065 - Effect of noncompliance with law in locating claim.
Section 517.120 - Definitions for ORS 517.120 to 517.133.
Section 517.123 - Legislative findings.
Section 517.125 - Rules to be adopted in consultation with affected parties.
Section 517.128 - Restricting access to open mining area or mining claim prohibited.
Section 517.130 - Mineral trespass.
Section 517.133 - Interfering with a mining operation.
Section 517.135 - Exemption from crimes of mineral trespass and interfering with a mining operation.
Section 517.160 - Location of nonmineral land as millsite; notice; fee.
Section 517.180 - Procedure for extinguishing dormant mineral interest.
Section 517.210 - Recording affidavit of annual compliance.
Section 517.430 - Use of timber by lessee.
Section 517.702 - Legislative findings.
Section 517.715 - Exemptions from permit requirement.
Section 517.725 - Department inspection of exploration site.
Section 517.730 - Drill hole or well abandonment; rules.
Section 517.750 - Definitions for ORS 517.702 to 517.989.
Section 517.755 - Mining operations affecting more than five acres.
Section 517.770 - Exemptions from reclamation requirements.
Section 517.780 - Effect on county zoning laws or ordinances; rules; certain operations exempt.
Section 517.795 - Department to consult with and cooperate with other agencies.
Section 517.797 - Memorandum of agreement with Department of State Lands regarding permitting.
Section 517.800 - Fees; rules; annual report.
Section 517.810 - Requirement for bond or security; rules; other security in lieu of bond.
Section 517.813 - Reclamation Guarantee Fund.
Section 517.815 - Reclamation bond pooling program; requirements; rules.
Section 517.825 - Mining aggregate on high-value farmland; requirements; rules.
Section 517.832 - Emergency operating permit; rules.
Section 517.833 - Transfer of operating permit; rules.
Section 517.834 - Temporary operating permit; rules.
Section 517.836 - Surveying or marking surface mining operations; rules.
Section 517.840 - Administration and enforcement of ORS 517.702 to 517.989; rules.
Section 517.855 - Disruption of portion of mining property preserved from mining.
Section 517.862 - Revocation, termination or refusal to renew operating permit.
Section 517.905 - Applicability of ORS 517.910 to 517.989 and 517.910 to 517.951.
Section 517.910 - Definitions for ORS 517.910 to 517.989.
Section 517.951 - Legislative intent not to assume exclusive jurisdiction.
Section 517.952 - Definitions for ORS 517.952 to 517.989.
Section 517.956 - Requirements for mining operations; rules.
Section 517.963 - Department duties upon receipt of notice of intent.
Section 517.965 - Project coordinating committee.
Section 517.967 - Technical review team.
Section 517.971 - Consolidated application.
Section 517.973 - Fees; payment of expenses of department and permitting and cooperating agencies.
Section 517.978 - Review of application; additional information.
Section 517.982 - Final permits; permit conditions submitted by cooperating agencies.
Section 517.983 - Consolidated contested case hearing; judicial review; stay of permit.
Section 517.984 - Modification of permit; project coordinating committee.
Section 517.989 - Rules applicable to consolidated application.