Oregon Business Development Department
Chapter 123
Division 656
TRIBALLY AND FEDERALLY BASED ZONE DESIGNATIONS
123-656-1200
Reservation Enterprise Zone Designations
For purposes of RENZs, consistent with OAR 123-656-1000:
(1) To apply for designation of an 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 123-650-1500;
(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) At any one time, the Department may not approve more than one RENZ respective to each Tribe or effectively no more than nine RENZs in total.
(4) 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 concurrent with or after the July-1 date once the RENZ has Terminated-by-Statute under ORS 285C.245(6).
(5) An RENZ may not include area inside any other existing enterprise zone.
Statutory/Other Authority: ORS 285A.075 & 285C.060(1)
Statutes/Other Implemented: ORS 285C.306
History:
OBDD 14-2015, f. & cert. ef. 11-12-15
OBDD 24-2010, f. & cert. ef. 6-14-10