Title 190 · ORS Chapter 190

135.215, 137.167 and 137.330. ����� (7) An intergovernmental corrections entity may exercise any of the powers granted by this section, any of the powers of an intergovernmental entity created under

Citation: ORS 135.215

Section: 135.215

135.215, 137.167 and 137.330.

����� (7) An intergovernmental corrections entity may exercise any of the powers granted by this section, any of the powers of an intergovernmental entity created under ORS 190.010, 190.020 and 190.085 and any powers necessary to effectuate the purposes for which the entity is formed. These powers include, but are not limited to, the authority to contract or make agreements with third parties, governmental and private, and the authority to expend, consistent with the purposes for which the entity is formed, any tax proceeds, general obligation bond proceeds and other revenues received by the entity. This section and the powers granted by it shall be construed liberally to effectuate its purposes. [1996 c.4 �9; 1997 c.541 �340; 2007 c.783 �73]

����� Note: 190.265 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 190 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Tribes)

����� 190.275 Public Law 280 jurisdiction retrocession. (1) As used in this section, �P.L. 280 jurisdiction� means the authority granted to this state over specific criminal and civil matters in a federally recognized Indian tribe located in this state, under Public Law 280, codified at 18 U.S.C. 1162 and 25 U.S.C. 1321, and pursuant to:

����� (a) Public Law 95-195, codified at 25 U.S.C. 711(d)(6), November 18, 1977 (Siletz Indian Tribe Restoration Act);

����� (b) Public Law 98-165, codified at 25 U.S.C. 713f(c)(6), November 22, 1983 (Grand Ronde Restoration Act);

����� (c) Public Law 98-481, codified at 25 U.S.C. 714e, October 17, 1984 (Coos, Lower Umpqua and Siuslaw Restoration Act);

����� (d) Public Law 99-398, codified at 25 U.S.C. 556e, August 27, 1986 (Klamath Indian Tribe Restoration Act); and

����� (e) Public Law 101-42, codified at 25 U.S.C. 715d, June 28, 1989 (Coquille Restoration Act).

����� (2)(a) The governing body of a federally recognized Indian tribe located in this state may submit to the Governor a resolution formally adopted by the governing body to request retrocession of P.L. 280 jurisdiction. The request may be for P.L. 280 jurisdiction retrocession in whole or in part.

����� (b) A tribe may request retrocession only on its own behalf.

����� (3)(a) Within 10 days after the date on which the Governor receives a request for P.L. 280 jurisdiction retrocession, the Governor shall acknowledge receipt to the requesting tribe.

����� (b) Within 90 days after the date on which the Governor receives a request for P.L. 280 jurisdiction retrocession, the Governor shall convene a meeting with the representatives of the requesting tribe to discuss the request for P.L. 280 jurisdiction retrocession, including but not limited to the implications and logistical aspects of the retrocession.

����� (c) Subject to paragraph (d) of this subsection, the Governor shall accept or deny a request for P.L. 280 jurisdiction retrocession within 180 days after receiving the request and notify the requesting tribe of the Governor�s decision. If the Governor accepts the request, the Governor shall within 10 days after the decision petition the United States Secretary of the Interior pursuant to 25 U.S.C. 1323, and any regulations promulgated thereunder, for P.L. 280 jurisdiction retrocession as described in the request. The Governor by proclamation may declare intent to petition the United States Secretary of the Interior as described in this paragraph. If the Governor denies the request, the Governor shall identify the reasons for the denial and communicate in good faith with the requesting tribe regarding the denial.

����� (d) The Governor and the requesting tribe may by mutual consent agree to extend the timeframe described in paragraph (c) of this subsection up to an additional 180 days.

����� (4) The retrocession of P.L. 280 jurisdiction shall not diminish or abrogate the sovereignty of a tribe that requests retrocession. The tribe shall retain the prerogative to govern the tribe�s territory and population in accordance with tribal law, policy and tradition. [2025 c.142 �1]

����� Note: 190.275 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 190 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 190.310 [1967 c.165 �1; repealed by 1993 c.389 �1]

����� 190.320 [1967 c.165 �2; 1969 c.80 �27; repealed by 1993 c.389 �1]

����� 190.330 [1967 c.165 �3; 1969 c.80 �28; 1975 c.605 �13; repealed by 1993 c.389 �1]

����� 190.340 [1967 c.165 �4; 1969 c.80 �29; repealed by 1993 c.389 �1]

INTERSTATE COOPERATION

����� 190.410 Definition for ORS 190.410 to 190.440. As used in ORS 190.410 to 190.440, �public agency� includes:

����� (1) Any county, city, special district or other public corporation, commission, authority or entity organized and existing under laws of this state, or any other state, or under the city or county charter of any county or city of this or any other state;

����� (2) Any agency of this state or any other state; and

����� (3) Oregon Health and Science University. [1969 c.390 �1; 1997 c.126 �1; 1999 c.291 �30]

����� 190.420 Authority of public agency to make agreements with public agencies in other states; contents of agreement; liability of public agency. (1) Any power or powers, privileges or authority exercised or capable of exercise by a public agency in this state may be exercised and enjoyed jointly with any public agency in another state to the extent that the laws of the other state permit such joint exercise or enjoyment.

����� (2) Public agencies in this state and in another state may enter into agreements with one another for joint or cooperative action. Such action must be recorded by ordinance, resolution or in other lawful manner by the governing bodies of the participating public agencies.

����� (3) An agreement under subsection (2) of this section must specify its duration, the organization, composition and nature of any separate legal or administrative entity created to exercise the functions agreed upon, the purpose of the agreement, the method of financing the joint or cooperative undertaking, the methods to be employed to terminate the agreement, and any other necessary and proper matters.

����� (4) An agreement under subsection (2) of this section may not relieve any public agency of any obligation or responsibility imposed on it by law.

����� (5) An agreement under subsection (2) of this section may require that a public agency in another state indemnify a public agency in this state against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of an action in the other state.

����� (6) Notwithstanding subsection (4) of this section, a public agency in this state may exclude from an agreement under subsection (2) of this section any clause or condition required by ORS 279B.220, 279B.225, 279B.230, 279B.235, 279B.270 or 279C.500 to 279C.530. [1969 c.390 �2; 1999 c.948 �4; 2003 c.794 �210; 2007 c.376 �1]

����� 190.430 Attorney General to review agreements; exemptions. (1) Every agreement made by an agency of this state under ORS 190.112, 190.420 or 660.334 shall be submitted to the Attorney General before taking effect. The Attorney General shall determine whether the agreement is in proper form and compatible with the laws of this state. If the Attorney General determines that the agreement is in some instance improper, the Attorney General shall give written notice to the state agency concerning the specific respects in which the agreement fails to comply with law. The Attorney General�s failure to give notice within 30 days of submission of the agreement to the Attorney General constitutes approval of the agreement.

����� (2) The Attorney General may exempt agreements, including classes of agreements and form agreements, from the requirements of subsection (1) of this section.

����� (3) As used in this section, �agency of this state� and �state agency� mean any officer, board, commission, department, division or institution in the executive or administrative branch of state government. [1969 c.390 �3; 1993 c.72 �1; 2001 c.68 �1; 2003 c.6 �4; 2003 c.149 �4; 2005 c.197 �1]

����� 190.440 Powers of public agency under agreement. Any public agency entering into an agreement under ORS 190.410 to 190.440 may expend funds and may sell, lease, give or otherwise supply the administrative board of other legal or administrative entity that operates the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish. [1969 c.390 �4]

����� 190.470 Council of State Governments declared a joint governmental agency. The Council of State Governments is a joint governmental agency of this state and of the other states which cooperate through it. [Formerly 189.100]

����� 190.472 Mutual interstate law enforcement assistance agreements. A full-time, fully compensated police officer commissioned by the State of Washington, Idaho or California or any full-time, fully compensated police officer commissioned by a unit of local government of the State of Washington, Idaho or California may exercise any authority that the officer�s commission vests in the officer throughout the territorial bounds of Oregon if the officer is acting pursuant to a mutual law enforcement assistance agreement between a law enforcement agency of the neighboring state and a law enforcement agency of Oregon. [1997 c.855 �1]

����� Note: 190.472 to 190.478 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 190 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 190.474 Reports by out-of-state police officers. When an officer exercises the authority granted by ORS 190.472, the officer shall submit, as soon as is practicable, a report concerning the incident to the law enforcement agency in Oregon having primary jurisdiction over the geographic area in which the incident occurred. The law enforcement agency to whom the report is submitted may establish a reporting procedure to be used in making a report under this section. [1997 c.855 �2]

����� Note: See note under 190.472.

����� 190.476 Delegation of supervision of police officers; agency liability. (1) An officer exercising authority under ORS 190.472 is subject to the supervisory control of and limitations imposed by the commissioning agency. However, the commissioning agency may temporarily delegate supervision of the officer to another law enforcement agency.

����� (2) Any liability or claim of liability that arises out of the exercise of authority under ORS