Chapter 611 Oregon Laws 2001
AN ACT
HB 2906
Relating to agreements
between state agencies and American Indian tribes; creating new provisions; and
amending ORS 190.110 and 496.201.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
ORS 190.110 is amended to read:
190.110. (1) In performing a duty imposed upon it, [or]
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.
[(2)] (3) With regard to an American Indian
tribe, the power described in [subsection]
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.
[(3)] (4) A unit of local government or state
agency of this state may exclude any clause or condition required by ORS
279.312, 279.313, 279.314, 279.316, 279.318, 279.319, 279.320 or 279.555 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.
SECTION 2.
ORS 496.201 is amended to read:
496.201. (1) The State of Oregon shall, through the State
Department of Fish and Wildlife, be directed to provide surplus salmon:
(a) To the Confederated Coos, Lower Umpqua and Siuslaw
Indian tribes for their historical, traditional and cultural salmon ceremonies
that take place each year.
(b) To the Cow Creek Band of the Umpqua Indians for their
historical, traditional and cultural salmon ceremonies that take place each
year.
(c) To the Coquille Tribe for their historical, traditional
and cultural salmon ceremonies that take place each year.
(2) The salmon provided by the state shall meet the
expressed needs of the Confederated Coos, Lower Umpqua and Siuslaw tribes, up
to 1,000 pounds total, the Coquille Tribe, up to 1,000 pounds total, and the
Cow Creek Band of the Umpqua Indians, up to [300] 1,000 pounds total.
(3) The salmon provided by the state may be either surplus
whole fish or carcasses.
(4) Salmon may be taken from hatcheries under either the
complete or joint control of the state.
SECTION 3.
The amendments to ORS 190.110 by section
1 of this 2001 Act apply to agreements entered into on or after the effective
date of this 2001 Act.
Approved by the Governor
June 26, 2001
Filed in the office of
Secretary of State June 26, 2001
Effective date January 1,
2002
__________