Oregon Business Development Department
Chapter 123
Division 656
TRIBALLY AND FEDERALLY BASED ZONE DESIGNATIONS
123-656-1400
Reservation Partnership Zone Co-sponsorships
For purposes of RPRZs, consistent with OAR 123-656-1000 and pursuant to a co-sponsorship agreement:
(1) The zone’s effective beginning, equivalent to designation, is the execution of the agreement or a specified, later date in the agreement.
(2) The agreement shall be between a single Tribe and at least one or more cities, ports or counties, but it may include only one or two such local governments, in terms of their jurisdictional territory inside the RPRZ, regardless of provisions for joint sponsorship or consent by any other such government under ORS 285C.065, 285C.066 or 285C.068.
(3) The RPRZ shall consist of contiguous area inside the jurisdictional territory of its city, port or county cosponsor(s), and such area may also be (but does not need to be) land of the Tribe under ORS 285C.306(2)(b)(A) or (C) or both.
(4) The Tribe and any cosponsoring city, port and county are the “zone sponsor” of the RPRZ, and their agreement shall contain appropriate and necessary provisions under ORS 190.110, regarding their mutual and respective roles and responsibility as the zone sponsor including but not limited to provisions under ORS 285C.105. Any other party to the agreement as allowed under ORS 190.110 would not be part of the zone sponsor.
(5) The zone sponsor of the RPRZ is urged in the process of executing the co-sponsorship agreement to:
(a) Consult with other cities, ports or counties that have territory in the zone;
(b) Communicate with other local taxing districts that have territory in the zone; and
(c) Formally apprize the Department of its existence, area and sponsorship.
(6) With respect to altering the RPRZ, the zone sponsor may mutually amend the agreement to add or remove contiguous land as described in section (3) of this rule at any time without triggering provisions under ORS 285C.115(3) consistent with OAR 123-662-1000(2).
(7) With respect to RPRZ termination:
(a) The agreement shall recognize that the zone does terminate by operation of law (is Terminated-by-Statute) under ORS 285C.245(6) after June 30 immediately following 10 years since the effective date of its beginning, and the term of the agreement shall be for at least that long.
(b) It may occur sooner due to the effective dissolution of the agreement by mutual consent of its parties. In the event of such dissolution, any business firm shall enjoy the same protection under relevant provisions of law and this chapter of administrative rules for location in a terminated enterprise zone.
(c) The Tribe and city, port or county may create a new RPRZ pursuant to or in replacement of a terminated one, based on a newly executed co-sponsorship agreement consistent with this rule.
(8) There is no particular limit on the number of RPRZs that may exist statewide, or that any city, port, county or Tribe may cosponsor. A city, port or county cosponsor of an RPRZ may also sponsor another enterprise zone, and as originally cosponsored, an RPRZ may contain area of an existing regular enterprise zone (other than an RENZ or another RPRZ), which shall remove or exclude the RPRZ area with the earlier of its next boundary change or re-designation.
Statutory/Other Authority: ORS 285A.075 & 285C.060(1)
Statutes/Other Implemented: ORS 285C.105 & 285C.306
History:
OBDD 14-2015, f. & cert. ef. 11-12-15
OBDD 24-2010, f. & cert. ef. 6-14-10