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77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Senate Bill 838
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 as introduced.
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 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 to extract 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 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, in 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.
(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.
NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3772