Here are the entities that ultimately decide how each of Oregon’s opioid settlement shares are spent:

• 55% local share: local officials for counties and cities

• 45% Opioid Settlement Prevention, Treatment, and Recovery Fund share:

Where do these monies live?

The state’s share is held in the Opioid Settlement Prevention, Treatment and Recovery Fund and continuously appropriated to the Oregon Health Authority (OHA).[1] Starting in 2024, 30% of the Fund is annually allocated to Oregon’s nine federally recognized tribes.[2]

Note: This 45% allocation applies to the grand majority, but not all, of Oregon’s opioid settlements.[3]

What can this share be spent on?

In general, and with limited exceptions,[4] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) Exhibit E.[5] After a set-aside for a system to collect and publish information about the state’s substance use services,[6] all remaining monies must be spent on statewide and regional programming consistent with the national settlements, including but not limited to a 12-item list of approved expenditures that includes evidence-based or evidence-informed programs to provide connections to care, to address the needs of pregnant and parenting women with opioid use disorders, and to discourage or prevent misuse of opioids.[7]

The Opioid Settlement Prevention, Treatment, and Recovery Board has expressed its spending decisions to date using an eight-category list that includes harm reduction and overdose prevention; primary prevention; treatment; recovery; leadership, planning, and coordination; research and evaluation; and emerging issues.[8]

Who ultimately decides how to spend this share (and how)?

Opioid Settlement Prevention, Treatment, and Recovery Board decides. The Opioid Settlement Prevention, Treatment, and Recovery Board (OSPTR Board), created within the (OHA), ultimately decides specific expenditures for this share.[9]

In determining Fund allocations, the OSPTR Board is required to be “guided and informed” by ​, ongoing evaluations of its own programmatic efficacy, evidence-based and evidence-informed best practices, public input, and equity considerations for underserved populations.[10]

No, supplantation is not prohibited. Like most states, Oregon does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the “Opioid Settlement Prevention, Treatment, and Recovery Fund” share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Yes (public reporting required). View the state’s annual reports on the OHA’s page.[11] The state must publish an annual report on use of settlement funds statewide, including the 45% Fund share, each year.[12]

Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.

Not applicable.

1. Oregon Laws 2022, Chapter 63, Sections 5(1)-(2). (“45% of the Oregon Settlement Funds shall be allocated to the State of Oregon”) and (45% of funds from the Mallinckrodt bankruptcy and additional settlement agreements allocated to the state). ↑

2. . Oregon Health Authority (OHA). Accessed August 24, 2024 (“In January 2024 the OSPTR Board voted to allocate $27.7 million to the nine – this is equivalent to 30% of all funds anticipated this biennium. This 30% set-aside will continue throughout the life of the fund as additional settlement payments are deposited”). ↑

3. See . OHA. Accessed August 24, 2024 (describing Publicis and “[a]dditional restitution funds from Oregon Department of Justice” as “not subject to 55/45% split with subdivisions”). However, the state-local agreement and its subsequent supplement encompass most of Oregon’s opioid settlement funds (describing Publicis and “additional restitution funds” as “not subject to 55/45% split with subdivisions”). ↑

Where do these monies live?

This share is distributed to participating cities and counties according to Exhibit A of Oregon’s state-local agreement.[1] Unless a city opts to receive its monies directly, this share is distributed to its county.[2]

Note: This 55% allocation to localities applies to the grand majority, but not all, of Oregon’s opioid settlements.[3]

What can this share be spent on?

Excepting administrative expenses and attorneys’ fees,[4] this share must be spent on the uses described in the national settlement agreement’s (non-exhaustive) Exhibit E,[5] which includes prevention, harm reduction, treatment, recovery, and other strategies.

Who ultimately decides how to spend this share (and how)?

Local governments decide autonomously. Decisionmakers for the counties and cities will ultimately decide for themselves how to spend their monies on Exhibit E uses.[6] Any amounts not spent or committed within five years of receipt are transferred to the Opioid Settlement Prevention, Treatment and Recovery Fund.[7]

Is this share attached to an explicit bar against supplantation?

No, supplantation is not prohibited. Like most states, Oregon does not explicitly prohibit supplantation uses of its opioid settlement funds. This means that the 55% local share may be spent in ways that replace (or “supplant”) — rather than supplement — existing resources.

Can I see how this share has been spent?

Yes (public reporting required). View the state’s annual reports on the OHA’s page.[8] Localities must report on their expenditures to the state each year,[9] and the state must publish an annual report on use of settlement funds statewide, including the 55% local share.[10]

Visit OpioidSettlementTracker.com’s for an updated collection of states’ and localities’ available expenditure reports.

Not applicable.

1. (“55% of the Oregon Settlement Funds shall be allocated to the OR Participating Subdivisions”) and 4(c)(i) (“The percentage for each OR Participating Subdivision is set forth in Exhibit A in the column entitled ‘Abatement Percentage’ (the ‘Local Allocation’). For the avoidance of doubt, non-litigating Oregon towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of OR Subdivision Funds”). The City of Portland automatically receives direct payment. . See also (“Fifty Five percent (55%) of total Additional Settlement Funds paid to Oregon will be allocated to OR Participating Subdivisions”). ↑

2. . “During [Fiscal Year 2022-2023], nine cities that were otherwise eligible to receive funds chose to reallocate their direct funds to their respective counties: Astoria, Central Point, Cornelius, Happy Valley, Hillsboro, Klamath Falls, Prineville, Redmond and Tigard.” . OHA. April 2024. Accessed September 1, 2024. ↑