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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 836
Printed pursuant to Senate Interim Rule 213.28 by order of the President of the Senate in conformance with pre-
session filing rules, indicating neither advocacy nor opposition on the part of the President (at the request
of Governor Tina Kotek for State Department of Geology and Mineral Industries)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: This Act increases fees charged by DOGAMI. (Flesch Readability Score: 66.7).
Increases fees charged by the State Department of Geology and Mineral Industries.
A BILL FOR AN ACT
Relating to fees imposed by the State Department of Geology and Mineral Industries; amending ORS
517.705, 517.710, 517.753, 517.800, 517.973, 520.017, 522.055 and 522.115.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 517.705 is amended to read:
517.705. (1) A person may not engage in onshore exploration that disturbs more than one surface
acre or involves drilling to greater than 50 feet except in compliance with a permit issued by the
State Department of Geology and Mineral Industries under this section.
(2) An application for an onshore exploration permit must include:
(a) The name and address of the surface owner and mineral owner.
(b) The names and addresses of the persons conducting the exploration.
(c) The name and address of any designated agent.
(d) A brief description of the exploration activities, including:
(A) The amount of road to be constructed;
(B) The number, depth and location of proposed drill holes;
(C) The number, depth and location of proposed monitoring wells; and
(D) The number, length, width and depth of exploration trenches.
(e) Provisions for the reclamation of surface disturbance caused by exploration activities.
(f) Exploration drill hole or monitoring well abandonment procedures, including:
(A) The capping of all holes;
(B) The plugging of any hole producing surface flow; and
(C) Appropriate sealing for any holes which have encountered aquifers.
(g) An exploration boundary map with the location of the proposed exploration and delineation
of exploration boundaries.
(h) Such other information as the department by rule may require to assess the impacts of the
proposed exploration.
(i) A nonrefundable fee of [$2,000] $5,000 per application.
(3) Each permit application may include a single contiguous exploration boundary that is no
more than 640 acres.
(4) Any production records, mineral assessments or trade secrets submitted as part of the ap-
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 424 SB836
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plication under subsection (2) of this section are confidential.
SECTION 2. ORS 517.710 is amended to read:
517.710. (1) If the person conducting an exploration under a permit issued under ORS 517.705 is
not in violation of ORS 517.702 to 517.740 or 517.810 or any terms of the permit and has paid an
annual renewal fee not to exceed [$1,460] $3,500 prior to the anniversary date of the permit as es-
tablished by the State Department of Geology and Mineral Industries, the department shall renew
the permit.
(2) Nothing in this section prevents the department from suspending or revoking a permit for
violations of ORS 517.702 to 517.740 or 517.810 or taking any other action authorized under this
chapter.
SECTION 3. ORS 517.753 is amended to read:
517.753. (1) Notwithstanding the yard and acre limitations of ORS 517.750 (16), a person may not
engage in surface mining that results in the extraction of 5,000 cubic yards or less of minerals or
affects less than one acre of land within a period of 12 consecutive calendar months except in
compliance with an exclusion certificate issued by the State Department of Geology and Mineral
Industries under this section. Except as provided in ORS 517.755, a mining operation subject to a
valid exclusion certificate is not subject to the operating permit or reclamation requirements set
forth in ORS 517.702 to 517.989.
(2) A person shall submit an exclusion certificate application on a form provided by the de-
partment, accompanied by a fee not to exceed $400. If the department does not approve or disap-
prove the application within 90 days after the date the application is filed with the department, the
application shall be deemed approved.
(3) Each holder of an exclusion certificate shall annually pay to the department a renewal fee
not to exceed [$165] $200, accompanied by a description of:
(a) The amount of minerals extracted pursuant to the certificate during the previous 12 months;
(b) The total acreage of surface disturbance by the mining operation as of the date that the re-
newal is submitted; and
(c) Any additional information required by the department to determine that the mining opera-
tion continues to qualify for an exclusion certificate.
SECTION 4. ORS 517.800 is amended to read:
517.800. (1)(a) Except for an application for a mining operation submitted under ORS 517.910 to
517.989, each applicant for an operating permit under ORS 517.702 to 517.989 shall pay to the State
Department of Geology and Mineral Industries a fee established by the State Geologist in an amount
not to exceed [$2,000] $6,500.
(b) If an application for a new permit or an amendment to an existing permit requires extraor-
dinary department resources because of concerns about slope stability or proximity to waters of the
state or other environmentally sensitive areas, the applicant shall pay to the department an addi-
tional fee in an amount the State Geologist deems adequate to cover the additional costs for staff
and other related expenses. The State Geologist shall consult with the applicant when determining
the amount of the fee.
(2) A holder of an operating permit that did not extract minerals during the preceding 12-month
period shall pay to the department an annual renewal fee of [$1,200] $3,500. A holder of an operating
permit that extracted minerals during the preceding 12-month period shall pay to the department
an annual renewal fee of [$1,460] $3,500 and [$0.0125] $0.03 per ton of minerals extracted during the
preceding 12-month period.
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(3) If a reclamation plan is changed, the operator may be assessed for staff time and other re-
lated costs in an amount not to exceed [$2,000] $4,000 in addition to the annual renewal fee.This
subsection does not apply to a mining operation that is subject to the fee established by ORS 517.973
(2)(a).
(4) If an operator requests that the department respond to requests for information required by
a local government in making a land use planning decision, the State Geologist may require the
operator to pay the department a fee for staff time and related costs. The department shall notify
the operator in advance of the estimated costs of providing the information, and the assessment may
not exceed the estimate.
(5) The State Geologist may require the operator of a site to pay to the department a special
inspection fee in an amount not to exceed [$2,000] $4,000 for an inspection conducted under the
followingcircumstances:
(a) Investigation of surface mining operations conducted without the operating permit required
under ORS 517.790; or
(b) Investigation of surface mining operations conducted outside the area authorized in an op-
erating permit.
(6) Upon request of an applicant or operator, the department shall provide an itemized list and
documentation of expenses used to determine a fee under subsection (1)(b), (3) or (4) of this section.
(7) Notwithstanding the per ton fee established in subsection (2) of this section, the governing
board of the department may lower to zero or raise the per ton fee up to [$0.015] $0.05 to reflect
actual expenses of the department in administering ORS 517.702 to 517.951.
(8) All fees collected by the department under this section shall be deposited in the Mined Land
Regulation and Reclamation Program Subaccount within the Geology and Mineral Industries Ac-
count. The department shall prepare and submit to the governing board of the department an annual
report on the financial status of the Mined Land Regulation and Reclamation Program Subaccount.
(9) The governing board of the department shall adopt rules establishing:
(a) Procedures for the administrative review of the determinations of fees under this section.
(b) The payment date for fees required under this section.
(c) Late fees of up to five percent of the unpaid amount of a fee owed under this section if the
fee is more than 60 days past due.
SECTION 5. ORS 517.973 is amended to read:
517.973. (1) In addition to any permit fee required by any other permitting agency, each notice
of intent to submit a consolidated application under ORS 517.961 must be accompanied by an initial
fee established by the State Geologist in an amount not to exceed [$2,000] $10,000.
(2)(a) Annually on the anniversary date of an operating permit, each holder of an operating
permit shall pay to the State Department of Geology and Mineral Industries a renewal fee estab-
lished by the State Geologist in an amount not less than $2,500.
(b) In addition to the fee prescribed in paragraph (a) of this subsection, the department may
charge an amount not to exceed [$1,200] $4,000 for inspections made at sites if the surface mining
is:
(A) Conducted without the permit required by ORS 517.790;
(B) Abandoned; or
(C) Conducted in an area not described in the surface mining permit.
(3) Subject to the provisions of subsection (5) of this section, the prospective applicant or ap-
plicant shall pay all expenses incurred by the department and the permitting and cooperating
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agencies related to the consolidated application process under ORS 517.952 to 517.989. These ex-
penses may include legal expenses, expenses incurred in processing and evaluating the consolidated
application, issuing a permit or final order and expenses of hiring a third party contractor under
ORS 517.979 and 517.980.
(4) If the costs exceed the fee, the prospective applicant or applicant shall pay any excess costs
shown in an itemized statement prepared by the department. The department and permitting and
cooperating agencies may not incur evaluation expenses in excess of 110 percent of the fee initially
paid unless the department provides prior notification to the prospective applicant or applicant and
a detailed projected budget the department believes necessary to complete the process or a portion
of the process under ORS 517.952 to 517.989. If the actual costs are less than the fee paid, the de-
partment shall refund the excess to the prospective applicant or applicant.
(5) All expenses incurred by the department and the permitting and cooperating agencies under
ORS 517.952 to 517.989 that are charged to or allocated to the fee paid by a prospective applicant
or an applicant shall be necessary, just and reasonable.Upon request, the department shall provide
a detailed justification for all charges to the prospective applicant or applicant.
SECTION 6. ORS 520.017 is amended to read:
520.017. (1) The following fees are established under this chapter:
(a) The application fee for a permit to drill a well is [$2,000] $5,000.
(b) The fee to modify a well permit, information hole permit or seismic program permit is
[$2,000]$5,000.
(c) The annual renewal fee for a well permit, information hole permit or seismic program permit
is [$1,160] $4,000.
(d) The application fee for a permit to drill an information hole may not exceed [$2,000] $2,500
per five information holes drilled in a contiguous 640-acre area. The State Department of Geology
and Mineral Industries shall base the fee on the estimated cost of review and approval and the
number and location of information holes to be drilled.
(e) The fee for approval of a seismic program may not exceed [$2,000] $2,500. The department
shall base the fee on the estimated cost of review and approval.
(f) A permittee that requests to transfer a well permit, information hole permit or seismic pro-
gram permit must pay a nonrefundable fee of [$2,000] $5,000 at the time of the request.
(2) The governing board of the department by rule may specify a schedule of fees for costs in-
curred by the department for activities related to field designation for purposes of this section.
(3) All moneys received by the department under this section shall be paid into the State
Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries
Account established in ORS 516.070.
SECTION 7. ORS 522.055 is amended to read:
522.055. (1) A person may not engage in drilling a prospect well except in compliance with a
permit issued by the State Department of Geology and Mineral Industries under this section.
(2) An application for a permit to drill prospect wells must include:
(a) A plugging and decommissioning plan;
(b) Such other information as the department by rule may require to assess the impacts of the
proposed prospect well; and
(c) A nonrefundable fee as determined by the department based on the estimated cost of review
of the proposed prospect wells, not to exceed [$2,000] $5,000 per application or permit modification.
(3) Each application may include up to five prospect wells per project area. The project area
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must be contiguous and include no more than 640 acres.
(4) A permit to drill remains valid until it is revoked or modified by the department based on
new information or changed conditions.
(5) The permittee shall pay the department an annual nonrefundable renewal fee of [ $2,725]
$4,000 on or before the anniversary of each active permit.
(6) A permittee that requests to transfer a permit issued under this section shall pay a
nonrefundable fee of [$2,000] $5,000 at the time of the request.
(7) All moneys received by the department under this section shall be paid into the State
Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries
Account established by ORS 516.070.
SECTION 8. ORS 522.115 is amended to read:
522.115. (1) A person may not engage in the drilling or operating of any geothermal well except
in compliance with a permit issued by the State Department of Geology and Mineral Industries un-
der this section.
(2) An application for a permit to drill or operate a geothermal well must include:
(a) The location and elevation of the floor of the proposed derrick.
(b) The number or other designation approved by the department by which the well shall be
known.
(c) The applicant’s estimate of the depths to be drilled.
(d) The nature and character of the geothermal resource sought.
(e) A reclamation plan for the well pad.
(f) Such other information as the department by rule may require to assess the impact of the
proposed geothermal well.
(g) A nonrefundable fee of [$2,000] $5,000.
(3) The permittee shall pay an annual nonrefundable renewal fee of [$2,725] $4,000 on or before
the anniversary of each active permit.
(4) A request by a permittee to modify a permit shall be accompanied by a nonrefundable fee
not to exceed [$2,000] $5,000.
(5) A request by a permittee to transfer a permit issued under this section must be accompanied
by a nonrefundable fee of [$2,000] $5,000.
(6) All moneys received by the department under this section shall be paid into the State
Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries
Account established by ORS 516.070.
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