Chapter 177 Oregon Laws 2001

 

AN ACT

 

SB 770

 

Relating to government-to-government relations between the State of Oregon and American Indian tribes in Oregon.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. As used in sections 1 to 4 of this 2001 Act:

          (1) “State agency” has the meaning given that term in ORS 358.635.

          (2) “Tribe” means a federally recognized Indian tribe in Oregon.

 

          SECTION 2. (1) A state agency shall develop and implement a policy that:

          (a) Identifies individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes.

          (b) Establishes a process to identify the programs of the state agency that affect tribes.

          (c) Promotes communication between the state agency and tribes.

          (d) Promotes positive government-to-government relations between the state and tribes.

          (e) Establishes a method for notifying employees of the state agency of the provisions of sections 1 to 4 of this 2001 Act and the policy the state agency adopts under this section.

          (2) In the process of identifying and developing the programs of the state agency that affect tribes, a state agency shall include representatives designated by the tribes.

          (3) A state agency shall make a reasonable effort to cooperate with tribes in the development and implementation of programs of the state agency that affect tribes, including the use of agreements authorized by ORS 190.110.

 

          SECTION 3. (1) At least once a year, the Oregon Department of Administrative Services, in consultation with the Commission on Indian Services, shall provide training to state agency managers and employees who have regular communication with tribes on the legal status of tribes, the legal rights of members of tribes and issues of concern to tribes.

          (2) Once a year, the Governor shall convene a meeting at which representatives of state agencies and tribes may work together to achieve mutual goals.

          (3) No later than December 15 of every year, a state agency shall submit a report to the Governor and to the Commission on Indian Services on the activities of the state agency under sections 1 to 4 of this 2001 Act. The report shall include:

          (a) The policy the state agency adopted under section 2 of this 2001 Act.

          (b) The names of the individuals in the state agency who are responsible for developing and implementing programs of the state agency that affect tribes.

          (c) The process the state agency established to identify the programs of the state agency that affect tribes.

          (d) The efforts of the state agency to promote communication between the state agency and tribes and government-to-government relations between the state and tribes.

          (e) A description of the training required by subsection (1) of this section.

          (f) The method the state agency established for notifying employees of the state agency of the provisions of sections 1 to 4 of this 2001 Act and the policy the state agency adopts under section 2 of this 2001 Act.

 

          SECTION 4. Nothing in sections 1 to 4 of this 2001 Act creates a right of action against a state agency or a right of review of an action of a state agency.

 

Approved by the Governor May 24, 2001

 

Filed in the office of Secretary of State May 24, 2001

 

Effective date January 1, 2002

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