182.164 State
agencies to develop and implement policy on relationship with tribes;
cooperation with tribes.
(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 ORS
182.162 to 182.168 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. [2001 c.177 §2]
Note: See note under 182.162.
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2019–2025 · leading case:
Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019).
Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019).
· cites it 3× “ORS 182.164(3) requires that state agencies and units of local governments “shall make a reasonable effort to cooperate with tribes in the development and implemen- tation of programs” affecting tribes, including the use of agreements as authorized by ORS 190.”
Columbia Riverkeeper v. ODFW, 345 Or. App. 213 (Or. Ct. App. 2025).
“of Fish and Wildlife, 355 Or 435 , 13 Of note, ORS 182.164 requires state agencies to establish a policy that promotes communication, positive relations, and cooperation in development and implementation of agency programs that affect tribes.”
Columbia Riverkeeper v. ODFW, 345 Or. App. 213 (Or. Ct. App. 2025).
“To be sure, we must defer to an agency’s interpre- tation of its own rules, but only when that interpretation is plausible.”
— Or. Rev. Stat. § 182.164(3) — 1 case
Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019).
“ORS 182.164(3) requires that state agencies and units of local governments “shall make a reasonable effort to cooperate with tribes in the development and implemen- tation of programs” affecting tribes, including the use of agreements as authorized by ORS 190.”
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