190.110
Authority of units of local government and state agencies to cooperate;
agreements with American Indian tribes; exclusion of conditions for public
contracts. (1) In
performing a duty imposed upon it, 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.
(3) With regard
to an American Indian tribe, the power described in 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.
(4) A unit of
local government or state agency of this state may exclude any clause or
condition required by ORS 279B.220, 279B.225, 279B.230, 279B.235, 279B.270 or
279C.500 to 279C.530 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. [Amended by 1963 c.189 §2; 1967 c.550 §7; 1985 c.267 §1;
1999 c.948 §3; 2001 c.611 §1; 2003 c.794 §208]
Notes of Decisions
Cited in
13
cases (
6 in the last 5 years), 2000–2026 · leading case:
Dewberry v. Kulongoski, 406 F. Supp. 2d 1136 (D. Or. 2005).
Dewberry v. Kulongoski, 406 F. Supp. 2d 1136 (D. Or. 2005).
· cites it 13× “State defendants rely on Or.Rev. Stat. § 190.110, which provides: (1) In performing a duty imposed upon it, 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…”
State ex rel. Dewberry v. Kitzhaber, 313 P.3d 1135 (Or. Ct. App. 2013).
· cites it 38× “Relators argue that, because (1) the text of ORS 190.110 does not mention gaming casinos, (2) the statute was enacted before IGRA was enacted, and (3) Article XV, section 4(10), prohibits casinos in Oregon, the legislature did not intend to authorize the Governor to enter into…”
State ex rel. State Off. for Servs. to Child. & Families v. Klamath Tribe, 11 P.3d 701 (Or. Ct. App. 2000).
· cites it 10× “The agreement provides, in part: “[T]he definition of ‘Indian child’ at 25 USC [§] 1903(4) 1 and OAR 412-26-015(8) 2 shall be replaced with the term ‘Klamath child’ defined as follows: any unmarried person who is under age eighteen and is either (a) a member or eligible to be a…”
State Ex Rel. Dewberry v. Kulongoski, 210 P.3d 884 (Or. 2009).
· cites it 2× “In 2002, the Governor negotiated an amended gaming compact with the Tribes, pursuant to ORS 190.110 2 and the Indian Gaming Regulatory Act, 25 USC §§ 2701-2721 , to operate a casino near Florence.”
Chinese Consol. Benevolent Assn. v. Chin, 504 P.3d 1196 (Or. Ct. App. 2021).
· cites it 2× “110(3) broadly, because the leg- islature mandated that the provisions of ORS 190.110 be lib- erally construed.” (Internal quotation marks omitted.”
Walter v. Bd. of Educ., 457 P.3d 288 (Or. Ct. App. 2019).
· cites it 2× “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 190.110. ORS 190.110 in turn…”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025).
“198; “(b)(A) Administer and enforce standards established by state law or rule relating to the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety if the local public health authority and the Oregon…”
21+ Tobacco & Vapor Retail Assn. v. Multnomah Cnty., 339 Or. App. 554 (Or. Ct. App. 2025).
“198; “(b)(A) Administer and enforce standards established by state law or rule relating to the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety if the local public health authority and the Oregon…”
Schwartz v. Washington Cnty., 375 Or. 227 (Or. 2026).
· cites it 2× “218(2) allows local public health authorities to “(A) Administer and enforce standards established by state law or rule relating to the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety if the local…”
Schwartz v. Washington Cnty. (Or. Ct. App. 2024).
“198; “(b)(A) Administer and enforce standards established by state law or rule relating to the regulation of the retail sale of tobacco products and inhalant delivery systems for purposes related to public health and safety if the local public health authority and the Oregon…”
— Or. Rev. Stat. § 190.110(1) — 4 cases
State Ex Rel. Dewberry v. Kulongoski, 210 P.3d 884 (Or. 2009).
“In 2002, the Governor negotiated an amended gaming compact with the Tribes, pursuant to ORS 190.110 2 and the Indian Gaming Regulatory Act, 25 USC §§ 2701-2721 , to operate a casino near Florence.”
State ex rel. Dewberry v. Kitzhaber, 313 P.3d 1135 (Or. Ct. App. 2013).
“Relators argue that, because (1) the text of ORS 190.110 does not mention gaming casinos, (2) the statute was enacted before IGRA was enacted, and (3) Article XV, section 4(10), prohibits casinos in Oregon, the legislature did not intend to authorize the Governor to enter into…”
Dewberry v. Kulongoski, 406 F. Supp. 2d 1136 (D. Or. 2005).
“State defendants rely on Or.Rev. Stat. § 190.110, which provides: (1) In performing a duty imposed upon it, 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…”
— Or. Rev. Stat. § 190.110(3) — 3 cases
State ex rel. Dewberry v. Kitzhaber, 313 P.3d 1135 (Or. Ct. App. 2013).
“Relators argue that, because (1) the text of ORS 190.110 does not mention gaming casinos, (2) the statute was enacted before IGRA was enacted, and (3) Article XV, section 4(10), prohibits casinos in Oregon, the legislature did not intend to authorize the Governor to enter into…”
Dewberry v. Kulongoski, 406 F. Supp. 2d 1136 (D. Or. 2005).
“State defendants rely on Or.Rev. Stat. § 190.110, which provides: (1) In performing a duty imposed upon it, 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…”
Chinese Consol. Benevolent Assn. v. Chin, 504 P.3d 1196 (Or. Ct. App. 2021).
“110(3) broadly, because the leg- islature mandated that the provisions of ORS 190.110 be lib- erally construed.” (Internal quotation marks omitted.”
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