71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2121
 
                           A-Engrossed
 
                         House Bill 2906
                  Ordered by the Senate June 1
            Including Senate Amendments dated June 1
 
Sponsored by Representatives NOLAN, KRUSE; Representatives BROWN,
  BUTLER, GARRARD, JENSON, KNOPP, KRIEGER, LEE, MORGAN, SIMMONS,
  G SMITH, VERGER, WESTLUND
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Authorizes state agency to enter into agreement with
American Indian tribe or agency of American Indian tribe
regardless of limitation in law on state agency's authority to
enter into contract or on terms of contract. - }
   { +  Provides that any unit of local government or state
agency may enter into agreement with American Indian tribe or
agency of American Indian tribe. Increases amount of surplus
salmon to be provided by State of Oregon to Cow Creek Band of
Umpqua Indians. + }
 
                        A BILL FOR AN ACT
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. + }
                         ----------