Chapter 354 Oregon Laws 1999

Session Law

AN ACT

SB 1152

Relating to small scale mining; and declaring an emergency.

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

SECTION 1. As used in sections 1 to 6 of this 1999 Act:

(1) "Mining" means the removal of gold, silver or other precious minerals from aggregate or a vein of ore.

(2) "Mining claim" means a portion of the public lands claimed for the valuable minerals occurring in those lands and for which the mineral rights are obtained under federal law or a right that is recognized by the United States Bureau of Land Management and given an identification number.

(3) "Prospecting" means to search or explore, using motorized or nonmotorized methods, for samples of gold, silver or other precious minerals from among small quantities of aggregate or ore.

(4) "Recreational mining" means mining in a manner that is consistent with a hobby or casual use, including use on public lands set aside or withdrawn from mineral entry for the purpose of recreational mining, or using pans, sluices, rocker boxes, other nonmotorized equipment and dredges with motors of 16 horsepower or less and a suction nozzle of four inches or less in diameter.

(5) "Small scale mining" means mining on a valid federal mining claim operating under a notice of intent or plan of operations while using whatever equipment is necessary, as approved by the notice of intent or plan of operations, to locate, remove and improve the claim.

SECTION 2. The Legislative Assembly finds that prospecting, small scale mining and recreational mining:

(1) Are important parts of the heritage of the State of Oregon;

(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 3. Any rule pertaining to recreational or small scale mining adopted after the effective date of this 1999 Act shall be adopted in consultation with affected parties.

SECTION 4. A person may not attempt to restrict access to any open mining area or valid mining claim or to harass or interfere in any way with a person engaged in lawful mining activities.

SECTION 5. (1) As used in this section:

(a) "Bedrock sluice" means a wood or metal flume or trough that is permanently attached to the bedrock of the creek and is equipped with transverse riffles across the bottom of the unit and used to recover heavy mineral sands.

(b) "Deface" includes but is not limited to altering, pulling down, damaging or destroying.

(c) "Dredge" means a subsurface hose from 1.5 to 10 inches in diameter that is powered by an engine and is used to draw up auriferous material that is then separated in the sluice portion of the unit.

(d) "Flume" means a trough used to convey water.

(e) "Quartz mill" means a facility for processing ores or gravel.

(f) "Rocker box" means a unit constructed of a short trough attached to curved supports that allow the unit to be rocked from side to side.

(g) "Sluice box" means a portable unit constructed of a wood or metal flume or trough equipped with transverse riffles across the bottom of the unit and that is used to recover heavy mineral sands.

(2) A person commits the crime of mineral trespass if the person intentionally and without the permission of the claim holder:

(a) Enters a mining claim posted as required in ORS 517.010 or 517.044 and disturbs, removes or attempts to remove any mineral from the claim site;

(b) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill or other mining equipment at a posted mining claim; or

(c) Defaces a location stake, side post, corner post, landmark, monument or posted written notice within a posted mining claim.

(3) Mineral trespass is a Class C misdemeanor.

SECTION 6. (1) As used in this section, "lawful mining operation" means any small scale mining operation that is in full compliance with state and federal laws.

(2) A person commits the crime of interfering with a mining operation if the person intentionally:

(a) Interferes with a lawful mining operation; or

(b) Stops, or causes to be stopped, a lawful mining operation.

(3) Interfering with a mining operation is a Class C misdemeanor.

SECTION 7. (1) Sections 4 to 6 of this 1999 Act do not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

(2) As used in subsection (1) of this section, "laws or judicial decrees" includes but is not limited to:

(a) Laws defining duties and functions of public servants;

(b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and

(c) Judgments and orders of courts.

SECTION 8. This 1999 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 1999 Act takes effect on its passage.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 28, 1999

Effective date June 28, 1999

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