Oregon Revised Statutes

Or. Rev. Stat. § 469.559 (2026)

Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site

✓ current as of May 2026

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

469.559 Cooperative agreements authorized between council and federal officials and agencies; rules; powers of Governor; exception for inactive or abandoned site. (1) Notwithstanding the authority of the Oregon Health Authority pursuant to ORS 453.605 to 453.800 to regulate radiation sources or the requirements of ORS 469.525, the Energy Facility Siting Council may enter into and carry out cooperative agreements with the Secretary of Energy pursuant to Title I and the Nuclear Regulatory Commission pursuant to Title II of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604, and perform or cause to be performed any and all acts necessary to be performed by the state, including the acquisition by condemnation or otherwise, retention and disposition of land or interests therein, in order to implement that Act and rules, standards and guidelines adopted pursuant thereto. The Energy Facility Siting Council may adopt, amend or repeal rules in accordance with ORS chapter 183 and may receive and disburse funds in connection with the implementation and administration of this section.

(2) The Energy Facility Siting Council and the State Department of Energy may enter into and carry out cooperative agreements and arrangements with any agency of the federal government implementing the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 U.S.C. section 9601 et seq., to clean up wastes and contaminated material, including overburden, created by uranium mining before June 29, 1989. Any such project need not obtain a site certificate from the council, but shall nevertheless comply with all applicable, relevant or appropriate state standards including but not limited to those set forth in ORS 469.375 and rules adopted by the council and other state agencies to implement such standards.

(3) The Governor may do any and all things necessary to implement the requirements of the federal Acts referred to in subsections (1) and (2) of this section.

(4) Notwithstanding ORS 469.553, after June 25, 1979, no site certificate is required for the cleanup and disposal of an inactive or abandoned uranium mill tailings site as authorized under subsection (1) of this section and Title I of the Uranium Mill Tailings Radiation Control Act of 1978, Public Law 95-604. [1979 c.283 §9; 1987 c.633 §2; 1989 c.496 §1; 2009 c.595 §955]

(Records)

Notes of Decisions

Cited in 5 cases, 1987–2001 · leading case: Fremont Lumber Co. v. Energy Facility Siting Council, 16 P.3d 1147 (Or. 2001).

Sort: Relevance Newest Treatment

Fremont Lumber Co. v. Energy Facility Siting Council, 16 P.3d 1147 (Or. 2001). · cites it 8× “556, and ORS 469.559 authorize its amendments to OAR 345-050-0060(2).”

Forelaws on Bd. v. Energy Facility Siting Council, 734 P.2d 370 (Or. Ct. App. 1987). · cites it 18× “The cooperative agreement was entered into in June, 1984, under the authority, for the respective signatories, of ORS 469.559 and the Uranium Mill Tailings Radiation Control Act, 42 USC § 7901 et seq, § 2021 et seq (the federal act).”

Fremont Lumber Co. v. Energy Facility Siting Council, 936 P.2d 968 (Or. 1997). “First, it broadened the prohibition on siting within the 500-year flood plain of a river in OAR 345-50-060 to include the flood plains of a stream, creek, or lake: “In order to issue a site certificate for a waste disposal facility, or to carry out an arrangement with an agency…”

Forelaws On Bd. v. Energy Facility Siting Council, 767 P.2d 899 (Or. 1989). · cites it 8× “553 did not apply to facilities established by the state and federal governments pursuant to ORS 469.559 to dispose of uranium mill tailings from inactive or abandoned mills.”

Forelaws on Bd. v. Energy Facility Siting Council, 811 P.2d 636 (Or. 1991). · cites it 2× “The question presented was essentially a question of law: Did EFSC’s required participation in the project (by virtue of ORS 469.559 and federal law) exempt the project from the site certificate process prescribed by ORS 469.”

— Or. Rev. Stat. § 469.559(1) — 2 cases

Forelaws on Bd. v. Energy Facility Siting Council, 734 P.2d 370 (Or. Ct. App. 1987). “The cooperative agreement was entered into in June, 1984, under the authority, for the respective signatories, of ORS 469.559 and the Uranium Mill Tailings Radiation Control Act, 42 USC § 7901 et seq, § 2021 et seq (the federal act).”

Forelaws On Bd. v. Energy Facility Siting Council, 767 P.2d 899 (Or. 1989). “553 did not apply to facilities established by the state and federal governments pursuant to ORS 469.559 to dispose of uranium mill tailings from inactive or abandoned mills.”

— Or. Rev. Stat. § 469.559(2) — 2 cases

Fremont Lumber Co. v. Energy Facility Siting Council, 16 P.3d 1147 (Or. 2001). “556, and ORS 469.559 authorize its amendments to OAR 345-050-0060(2).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.