ORS 190.110
Authority of units of local government and state agencies to cooperate; agreements with American Indian tribes; exclusion of conditions for public contracts

(1)

In performing a duty imposed upon it, in exercising a power conferred upon it or in administering a policy or program delegated to it, a unit of local government or a state agency of this state may cooperate for any lawful purpose, by agreement or otherwise, with a unit of local government or a state agency of this or another state, or with the United States, or with a United States governmental agency, or with an American Indian tribe or an agency of an American Indian tribe. This power includes power to provide jointly for administrative officers.

(2)

The power conferred by subsection (1) of this section to enter into an agreement with an American Indian tribe or an agency of an American Indian tribe extends to any unit of local government or state agency that is not otherwise expressly authorized to enter into an agreement with an American Indian tribe or an agency of an American Indian tribe.

(3)

With regard to an American Indian tribe, the power described in subsections (1) and (2) of this section includes the power of the Governor or the designee of the Governor to enter into agreements to ensure that the state, a state agency or unit of local government does not interfere with or infringe on the exercise of any right or privilege of an American Indian tribe or members of a tribe held or granted under any federal treaty, executive order, agreement, statute, policy or any other authority. Nothing in this subsection shall be construed to modify the obligations of the United States to an American Indian tribe or its members concerning real or personal property, title to which is held in trust by the United States.

(4)

A unit of local government or state agency of this state may exclude any clause or condition required by ORS 279B.220 (Conditions concerning payment, contributions, liens, withholding), 279B.225 (Condition concerning salvaging, recycling, composting or mulching yard waste material), 279B.230 (Condition concerning payment for medical care and providing workers’ compensation), 279B.235 (Condition concerning hours of labor), 279B.270 (State contracting agencies to use recovered resources and recycled materials) or 279C.500 (“Person” defined) to 279C.530 (Condition concerning payment for medical care and providing workers’ compensation) from an agreement under subsection (1) of this section if the agreement is with:

(a)

A unit of local government of another state.

(b)

A state agency of another state.

(c)

The United States.

(d)

A United States governmental agency.

(e)

An American Indian tribe.

(f)

An agency of an American Indian tribe. [Amended by 1963 c.189 §2; 1967 c.550 §7; 1985 c.267 §1; 1999 c.948 §3; 2001 c.611 §1; 2003 c.794 §208]

Notes of Decisions

Administrative agency may not enter into agreement with Indian tribe to carry out duties or powers not imposed or conferred on agency by legislature. State ex rel State Office for Services to Children and Families v. Klamath Tribe, 170 Or App 106, 11 P3d 701 (2000)

Governor has statutory authority to enter into state-tribal gaming compact on behalf of state where compact ensures state does not infringe on federally recognized Indian tribe’s federally guaranteed right or privilege. State ex rel Dewberry v. Kitzhaber, 259 Or App 389, 313 P3d 1135 (2013), Sup Ct review denied

Atty. Gen. Opinions

Authority of Motor Vehicles Division to enter into agreement to administer license tax by mass transit district, (1974) Vol 37, p 229

§§ 190.003 to 190.110

Atty. Gen. Opinions

Authority of city to grant balance of its special port fund to newly formed port district, (1979) Vol 39, p 757

Chapter 190

Atty. Gen. Opinions

Authority of Motor Vehicles Division to enter into agreement to administer “license” tax by mass transit district, (1974) Vol 37, p 229; authority of Oregon Coastal Zone Management Association to file suit on behalf of member counties to challenge validity of state law, (1977) Vol 38, p 792

Source
OR Legislature
Last accessed
May. 15, 2020
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