(1) As used in this section, P.L. 280 jurisdiction means the authority granted to this state over specific criminal and civil matters in a federally recognized Indian tribe located in this state, under Public Law 280, codified at 18 U.S.C. 1162 and 25 U.S.C. 1321, and pursuant to: (a) Public Law 95-195, codified at 25 U.S.C. 711(d)(6), November 18, 1977 (Siletz Indian Tribe Restoration Act); (b) Public Law 98-165, codified at 25 U.S.C. 713f(c)(6), November 22, 1983 (Grand Ronde Restoration Act); (c) Public Law 98-481, codified at 25 U.S.C. 714e, October 17, 1984 (Coos, Lower Umpqua and Siuslaw Restoration Act); (d) Public Law 99-398, codified at 25 U.S.C. 556e, August 27, 1986 (Klamath Indian Tribe Restoration Act); and (e) Public Law 101-42, codified at 25 U.S.C. 715d, June 28, 1989 (Coquille Restoration Act). (2)(a) The governing body of a federally recognized Indian tribe located in this state may submit to the Governor a resolution formally adopted by the governing body to request retrocession of P.L. 280 jurisdiction. The request may be for P.L. 280 jurisdiction retrocession in whole or in part. (b) A tribe may request retrocession only on its own behalf. (3)(a) Within 10 days after the date on which the Governor receives a request for P.L. 280 jurisdiction retrocession, the Governor shall acknowledge receipt to the requesting tribe. (b) Within 90 days after the date on which the Governor receives a request for P.L. 280 jurisdiction retrocession, the Governor shall convene a meeting with the representatives of the requesting tribe to discuss the request for P.L. 280 jurisdiction retrocession, including but not limited to the implications and logistical aspects of the retrocession. (c) Subject to paragraph (d) of this subsection, the Governor shall accept or deny a request for P.L. 280 jurisdiction retrocession within 180 days after receiving the request and notify the requesting tribe of the Governors decision. If the Governor accepts the request, the Governor shall within 10 days after the decision petition the United States Secretary of the Interior pursuant to 25 U.S.C. 1323, and any regulations promulgated thereunder, for P.L. 280 jurisdiction retrocession as described in the request. The Governor by proclamation may declare intent to petition the United States Secretary of the Interior as described in this paragraph. If the Governor denies the request, the Governor shall identify the reasons for the denial and communicate in good faith with the requesting tribe regarding the denial. (d) The Governor and the requesting tribe may by mutual consent agree to extend the timeframe described in paragraph (c) of this subsection up to an additional 180 days. (4) The retrocession of P.L. 280 jurisdiction shall not diminish or abrogate the sovereignty of a tribe that requests retrocession. The tribe shall retain the prerogative to govern the tribes territory and population in accordance with tribal law, policy and tradition. Note: 190.275 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 190 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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