(2) The Department of State Lands and the State Department of Geology and Mineral Industries may enter into a memorandum of agreement concerning surface mining as described in subsection (3) of this section.
(3) The memorandum described in subsection (2) of this section may assign sole responsibility for permitting to the State Department of Geology and Mineral Industries when the surface mining would otherwise be under the permitting jurisdiction of both the Department of State Lands and the State Department of Geology and Mineral Industries because:
(a) Part of the surface mining is located within the beds or banks of any waters of this state; and
(b) Part of the surface mining is located upland from the beds or banks of any waters of this state.
(4) Prior to any permitting pursuant to the provisions of subsection (3) of this section, the State Department of Geology and Mineral Industries shall consult with the Department of State Lands regarding any conditions necessary to protect the waters of this state. [2011 c.406 §1]
Note: 517.797 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 517 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.