Or. Admin. Code § 123-656-1200

Current through Register Vol. 63, No. 10, October 1, 2024

Section 123-656-1200 - Reservation Enterprise Zone Designations

For purposes of RENZs, consistent with OAR 123-656-1000:

(1) To apply for designation of a RENZ, the Tribe shall furnish the Department with the following:

(a) A copy of the resolution requesting designation, as duly adopted by the Tribe's governing body within the past six months;

(b) Map and so forth as applicable in accordance with OAR 123-656-1000(3);

(c) A formal statement or evidence to the effect that the proposed zone area contains only such land of the Tribe under ORS 285C.306(2)(b) - that is, the following based on current laws, authority or treaties with the U.S. government:

(A) Land held in trust;

(B) Land officially pending trust status;

(C) Any on-reservation area; or

(D) Any combination of these; and

(d) As necessary or appropriate:

(A) Copies of federal documents attesting to relevant status; and

(B) A map of the zone showing and labeling the respective nature of the tribal lands comprising the designated area.

(2) Subject to the accuracy and completeness of materials provided in section (1) of this rule, the Department shall approve the designation to take effect as early as when either the Department received a complete application or the Tribe's governing body adopted its resolution, depending on the preference of the Tribe and determination of the Department.

(3) The Department may not approve a RENZ:

(a) For a Tribe that already has one; or

(b) That includes area inside any other existing enterprise zone.

(4) A RENZ terminates by operation of law under ORS 285C.245(1)(a) or early by sponsor request under ORS 285C.245(2), but it is not subject to:

(a) Early termination by order of the Director for cause under ORS 285C.245(3); or

(b) Programmatic sunset under ORS 285C.255.

(5) In conformance with sections (1) and (2) of this rule, the Tribe may seek to have the RENZ:

(a) Amended through a boundary change at any time without triggering provisions under ORS 285C.115(3) consistent with OAR 123-656-1000(2).

(b) Re-designated:

(A) Concurrent with or after the July-1 termination date under ORS 285C.245(1)(a) and (4); or

(B) Any time more than a year after a requested early termination under ORS 285C.245(2).

Or. Admin. Code § 123-656-1200

OBDD 24-2010, f. & cert. ef. 6-14-10; OBDD 14-2015, f. & cert. ef. 11/12/2015; OBDD 14-2024, amend filed 06/10/2024, effective 6/10/2024

Statutory/Other Authority: ORS 285A.075 & 285C.060(1)

Statutes/Other Implemented: ORS 285C.245 & 285C.306