2017 ORS 517.797¹
Memorandum of agreement with Department of State Lands regarding permitting

(1) As used in this section, “surface mining” has the meaning given that term in ORS 517.750 (Definitions for ORS 517.702 to 517.989) and “waters of this state” has the meaning given that term in ORS 196.800 (Definitions for ORS 196.600 to 196.905).

(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 (Memorandum of agreement with Department of State Lands regarding permitting) 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.

Notes of Decisions

Depart­ment of Geology and Mineral Industries is not vested with exclusive jurisdic­tion over environ­mental regula­tion of mining lands, for such regula­tion is centralized in Division of State Lands pursuant to [former] ORS 541.610. State ex rel Cox v. Hibbard, 31 Or App 269, 570 P2d 1190 (1977)

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities, (1972) Vol 35, p 1100

Law Review Cita­tions

29 WLR 297 (1993)

Chapter 517

Atty. Gen. Opinions

Power of Depart­ment of Environ­mental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100

Law Review Cita­tions

4 EL 370 (1974)

1 Legislative Counsel Committee, CHAPTER 517—Mining and Mining Claims, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors517.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 517, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano517.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.